HomeMy WebLinkAbout2004/07/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
July 19, 2004
7:30 p.m.
6:30 p.m. - Board and Commission Interviews – Westwood Room
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of June 21, 2004
b. City Council Study Session Minutes of June 21, 2004
c. City Council Special Meeting of June 28, 2004
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 intoxicating and Sunday sale
liquor license to CSM Lodging Services, Inc., DBA Holiday Inn Minneapolis
West at 9970 Wayzata Blvd, St. Louis Park MN
Recommended
Action:
Mayor to close the public hearing. Motion to approve an on-sale
intoxicating and Sunday sale liquor license effective Aug 2, 2004
6b. Public Hearing on Alley Improvement Project and Assessment Hearing: Alley
Construction – 4200 block of Ottawa Avenue, Project No. 04-16
This report considers the construction of an alley in the 4200 block of Ottawa
Avenue.
Recommended
Action:
Mayor to open and close Public Hearing on the Improvement
Project:
• Motion to adopt the attached Resolution ordering the
construction of a concrete alley in the 4200 block of Ottawa
Avenue, Project No. 04-16, approving plans and
specifications and authorizing receipt of bids.
Mayor to open and close Assessment Hearing:
• Motion to adopt the attached resolution establishing the
assessment for Project No. 04-16.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Water Feasibility Report: Water Treatment Plant Filter Rehabilitation Project–
Project No. 20041300
This report considers water treatment plant rehabilitation to address water quality
through the enhancement of the iron removal system and the installation of radium
removal equipment.
Recommended
Action:
Motion to adopt the attached resolution accepting this report,
establishing and ordering Improvement Project No. 20041300,
approving plans and specifications, and authorizing
advertisement for bids.
8b. Request by Charles Stinson to vacate a utility easement at 2545 Huntington
Avenue South.
Case Nos. 04-13-VAC
2545 Huntington Ave S
Recommended
Action:
Motion to approve 2nd reading of an Ordinance to vacate a
utility easement at 2545 Huntington Ave South as requested by
Biltmore Land Group, adopt ordinance, approve summary and
authorization publication.
9. Communications
10. Executive Session (Westwood Room)
Executive Session to discuss City Manager Performance Evaluation
Recommended
Action:
Motion to recess to executive Session
11. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF JULY 19, 2004
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to approve second reading and adopt an ordinance amending St. Louis Park
Ordinance Code (Zoning) to eliminate stand alone motor fuel stations as a conditional use
in the General Industrial District, clarifying the temporary structure ordinance, clarifying
restaurant conditions in the Office District, and requiring tree protection standards during
construction activities; approve summary ordinance and authorize publication. Case Nos.
04-22-ZA
4b. Motion to adopt a resolution imposing a civil penalty of $1000 on Boykin Management
Co, Inc., DBA Holiday Inn Mpls West, 9970 Wayzata Blvd, St. Louis Park, for liquor
license violation as recommended by the City Manager.
4c. Bid Tabulation: Motion to designate BCG Construction as the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $29,686.60 for Alley
Improvement Project-7600 and 7700 Block Edgebrook Drive, Project No. 03-15
4d. Bid Tabulation: Motion to designate Thomas & Sons Construction, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the amount of
$318,707.39 for West 36th Street Water Improvements– City Project No. 04-14
4e. Motion to designate Bituminous Roadways, Inc. as the lowest responsible bidder and to
authorize execution of a contract for the reclaiming and repaving of the George Haun trail
in Bass Lake Park in an amount not to exceed $75,339.00.
4f Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement
with Patrick Shea, 2646 Joppa Avenue South, for use of City right-of-way for placement
of a retaining wall.
4g. Motion to adopt resolution accepting work on 2003 random sidewalk replacement in the
amount of $47,863.40
4h. Motion to adopt resolution accepting work on 2003 sidewalk and trail constriction in the
amount of $19,229.27
4i Planning Commission Minutes of June 2, 2004
4j. Motion directing staff to pursue right-of-way acquisition associated with Trunk Highway
100 Noise Wall Construction Project, Project No. 2005-01
4k. Motion to approve resolution for the issuance of multifamily housing revenue refunding
bonds in an amount not to exceed $14,585,000 under MN Statutes, Capter 462C, as
amended
4l. Motion to adopt the attached resolution authorizing the installation of “No Parking”
restrictions on the north side of 26th Street for the 100 feet west of 25 ½ Street.
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
JULY 19, 2004
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
June 21, 2004
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Susan Sanger, Sue
Santa, and Sally Velick
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Assistant
Zoning Administrator (Mr. Morrison), Associate Planner (Ms. Grove), Finance Director (Ms.
McGann), Human Resources Director (Ms. Gohman), Fire Chief (Mr. Stemmer), Public Works
Director (Mr. Rardin), City Engineer (Ms. Hagen), Engineer Development Manager (Mr. Olson),
and Deputy City Clerk (Ms. Stroth).
2. Presentations - None
3. Approval of Minutes
3a. City Council Minutes of June 7, 2004
The minutes were approved as presented.
3b. Study Session Minutes of June 14, 2004
Councilmember Sanger: Page 4, Paragraph 4, change Sue Sanger to Phil Finkelstein
Councilmember Sanger: Page 4, Paragraph 2, add: Ms. Gohman confirmed that the Fire
Shift Supervisors will receive the benefit package of non-exempt employees.
The minutes were approved as corrected.
3c. Study Session Minutes of May 24, 2004
Councilmember Santa: Page 2, Paragraph 2, add: Councilmember Santa stated she had
concerns about the trail crossings and how they would be monitored.
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 2
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.
(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).
4a Adopt Resolution 04-080 authorizing the execution of Agreement 86549R
between the State of Minnesota, Department of Transportation and the City of St.
Louis Park for the installation and revision of traffic control signals at Lake
Street, Walker Street and TH 7 along Louisiana Avenue and to adopt Resolution
04-081 authorizing the execution of Agreement 86550-R between the State of
Minnesota, Department of Transportation and the City of St. Louis Park for
maintenance of traffic control signals at Lake Street, Walker Street and TH 7
along Louisiana Avenue
4b Authorize the Mayor and City Manager to execute an Encroachment Agreement
with the Townsends, 6027 Cambridge Street, for use of City right-of-way for
placement of a fence.
4c Accept for filing the Planning Commission Minutes of May 19, 2004
4d Accept for filing the Board of Zoning Appeals Minutes of April 22, 2004
4e Accept for filing the Housing Authority Minutes of May 12, 2004
4f Accept Vendor Claims (Supplement)
4g Authorize the Mayor and City Manager to execute an Encroachment Agreement
with the Condons, 2937 Boone Avenue South, for use of City right-of-way for
placement of a retaining wall.
It was motioned by Councilmember Santa, seconded by Councilmember Velick, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 6-0.
6. Public Hearings
6a. Public Hearing and preliminary approval for the proposed issuance of
refunding bonds for Park Boulevard Towers Project on behalf of
Silvercrest Properties. Resolution No. 04-075
Ms. McGann reported that Silvercrest Properties would like to refund the outstanding
bonds. She stated that the appropriate application and fee has been submitted as well as
reviewed by Kennedy & Graven, Chartered who is the bond counsel for the city.
Councilmember Finkelstein inquired how much this will save Silvercrest Properties. Mr.
Bubul, Kennedy & Graven, replied approximately $4.6 million; however, the bonds have
a variable rate but he feels this is a close estimate.
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 3
Councilmember Santa asked when the bonds will be paid off and Mr. Bubul responded
that they will mature in 2034.
It was motioned by Councilmember Basill, seconded by Councilmember Finkelstein, to
approve preliminary Resolution 04-075 for the proposed issuance of refunding revenue
bonds in the approximate amount of $14,585,000, under Minnesota Statutes, Chapter
462C, as amended for Silvercrest Properties.
The motion passed 6-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Resolution approving changes to the Personnel Manual in sections
relating to Fire Shift Supervisors: Fire Captain Resolution No. 04-076
Ms. Gohman summarized the reorganization of the Fire Department stating that the Fire
Chief would like to create the position of Fire Captain. Fire Captains would act as first
responders in a supervisory capacity. The position will be classified as non-exempt with
eligibility for overtime. A consultant reviewed FLSA and recommended such a
classification. Ms. Gohman explained the change in language in the personnel manual.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution 04-076 approving sections relating to fire shift supervisors: Fire Captain in
the Personnel Manual.
The motion passed 6-0.
8b. Construction of an Alley at 42 St. W and Ottawa Ave
Resolution No. 04-077
Mr. Olson reported that staff had received a petition to construct an alley at 42nd St. W.
and Ottawa Ave S. in which sixty-two percent of the affected property owners signed in
support of such a project. He stated that a portion of the alley would lie on city property.
Mr. Olson stated that it has been procedure for the City to pay a portion of the cost since
City property abuts one side of the alley.
Mr. Olson stated that they have sent letters notifying the neighborhood and also held a
neighborhood meeting in which approximately twenty people were in attendance. He
stated there was a mixed response to the project.
Council had directed staff to look at direct and indirect benefits of the alley construction.
Mr. Olson explained the City’s policy of a seventy/thirty percent cost ratio for
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 4
direct/indirect benefit. Since City property is along the entire length of the alley, the City
would be responsible for fifty percent of the cost.
He showed a table that indicated the cost with different direct/indirect ratios. Staff did
not feel there were enough mitigating circumstances to deviate from the seventy/thirty
ratio. He relayed the timeline suggested and stated construction would begin in late
September and October.
Councilmember Sanger mentioned another indirect benefit would be the appreciation of
the property values of homes as more houses are able to build garages. Councilmember
Basill stated that he is support of the project as it will provide the opportunity for move-
up housing.
Mayor Jacobs and Councilmember Santa did not feel comfortable altering the formula
used to figure direct/indirect benefit.
It was motioned by Councilmember Basill, seconded by Councilmember Sanger, to adopt
the Resolution 04-077 accepting the report and establishing the Improvement Project,
and setting a Public Hearing and Assessment Hearing date of July 19, 2004.
The motion passed 6-0.
8c. Proposed Amendments to St. Louis Park Ordinance Code relating to Zoning to
eliminate stand alone motor fuel stations as a conditional use in the General
Industrial District, clarifying the temporary structure ordinance, clarifying
restaurant conditions in the Office District, and requiring tree protection
standards during construction activities.
Mr. Morrison reported that staff felt the office district is designed to provide an
opportunity to construct high density developments and not to accommodate stand alone
retail and restaurant. He stated the ordinance code is written to allow retail and restaurant
as long as they are located in an office development. Staff would like the language
removed regarding restaurants with intoxicating liquor to be allowed if they are adjacent
to an office building and share several parking spaces.
Staff is also recommending removal of language allowing motor fuel stations in the
industrial district as part of a CUP and suggests considering them an accessory use with a
condition that they not be open to the public and are to be used to service fleet vehicles or
vehicles relating to the industrial use of the property.
Mr. Morrison reported that staff has received complaints about residents using temporary
structures to store vehicles and equipment. The structures are large tents and are used
year round or during the winter. Staff is recommending that use of these temporary
structures be limited to fourteen days per year.
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 5
Mr. Morrison stated that language needs to be changed regarding tree preservation in the
development plan. Staff recommends language be changed to administer penalties for
removal of trees on public and private property that have been identified to be preserved,
with the exception of single and two family homes.
It was motioned by Councilmember Santa, seconded by Councilmember Velick, to
approve 1st reading of the ordinance amending Sections 36-223 (Office District), 36-244
(General Industrial District), 36-82 (Temporary Structures) & 36-81 (Tree Preservation)
as recommended by the Planning Commission, and set second reading for the July 6th
City Council meeting.
The motion passed 6-0.
8d. Request by Charles Stinson for preliminary and final plat approval for
Biltmore Addition with a petition to vacate a utility easement.
Resolution No. 04-078 and 04-079
Ms. Grove reported that Council had directed staff to draft a resolution denying the
proposal with the diagonal lot lines and a resolution approving the proposal with the
rectangular lot lines with certain conditions such as limiting the ground floor area on lot
two, limiting the ground floor to twenty – five percent, prohibiting driveway access to W
26th St., protecting sightlines, and other conditions staff deemed appropriate. She stated
that the developer was willing to meet with the neighborhood. She reported that staff
recommends limiting the height to the lesser of 25 ft or two stories on lot two. She
recommended adding several conditions that are already in the ordinance to make clear
that they apply strictly to the property. Other conditions that apply are the side yard
setback of 15 feet and the 600 foot open lot is to be located in the rear yard. Ms. Grove
explained that the ordinance code allows retaining walls but height should be minimized
using terracing. She stated the usual plat conditions apply as well. Staff is
recommending that the hours of operation be 7 a.m.-7 p.m. on weekdays and 9 a.m.-5
p.m. on weekends.
Councilmember Sanger inquired how height is measured on a house with a walk-out
basement. Ms. Grove replied that it is measured from grade at the front lot line.
Councilmember Finkelstein would like an additional condition that there is no
construction on Saturday or Sunday. He would also like some place to store the vehicles
when they are not in use. Wayne Jenkins, 2601 Huntington, commented that Friday is
the Sabbath.
A motion was made by Councilmember Santa, seconded by Councilmember Velick, to
adopt a resolution approving the preliminary and final plat and variance for Biltmore
Addition as requested in the January 2004 application (03-78-S), subject to conditions as
stated in the resolution.
Councilmember Finkelstein suggested a friendly amendment to add a condition that there
be no construction activity on Saturday and Sunday.
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 6
Mayor Jacobs inquired if that was acceptable with the makers of the motion and
Councilmembers Santa and Velick replied that it was.
Councilmember Sanger would like to see the height facing Huntington Ave to have no
more than one story.
Mr. Stinson stated that they have never had a one story solution and if they did go to one
story, it would cause the master bedroom to be on a walkout level which is unacceptable.
Councilmember Sanger explained her rationale for a one story house by stating that a two
story house would create issues with the view going around the corner and with higher
height it will block the views of the other neighbors, and blocking the view going east
toward Cedar Lake. She felt that it was imposing and they need to keep the buildings in
scale.
Mr. Howard Rostanick, the developer’s representative, stated that they would oppose an
amendment of this nature. He felt it would not be marketable for the current market.
Richard Harrison, 2620 Huntington Ave S., stated that he is a planner and said he is very
supportive of this project. He stated that the project would only increase values of the
surrounding properties.
A motion was made by Councilmember Sanger to add a condition that the height facing
Huntington Ave be no more than one story. .
Councilmember Velick asked Councilmember Sanger if she meant all three houses be
one-story. Councilmember Sanger clarified that it was only for lot two.
Councilmember Sanger’s motion failed for lack of a second
Councilmember Santa accepted Councilmember Finklestein’s friendly amendment to bar
construction activity on Saturday and Sunday.
The motion as stated by Councilmember Santa, seconded by Councilmember Velick and
amended by Councilmember Finklestein passed 5-1 with Councilmember Sanger
opposed.
A motion was made by Councilmember Santa, seconded by Councilmember Velick, to
approve First Reading of the proposed ordinance vacating the utility easement at 2545
Huntington Avenue South.
The motion passed 5-1 with Councilmember Sanger opposed.
A motion was made by Councilmember Santa, seconded by Councilmember Velick, to
adopt a resolution denying the preliminary and final plat for Biltmore Addition,
submitted March 2004 (04-12-S), based upon the findings set forth in the resolution.
St. Louis Park City Council Meeting
Item: 071904 - 3a - Council Minutes June 21
Page 7
The motion passed 6-0.
9. Communications
Mayor Jacobs thanked the following Parktacular Committee members: Bridget Wynn-
Kienenberger, Madeline Braden, Joe Kamini, Scott Schmikler, Bruce Stragotta, and Kathy
Wecker. He also thanked the Charter Commission, city staff, vendors and many other
volunteers.
Councilmember Velick reported that the Breast Cancer 3-Day Walk will arrive in St. Louis Park
on Friday, September 10, 2004. She stated that there will be about 2,500 people camping out at
the Junior High School. She informed the public that there will be a meeting held on the
logistics of the event on Wednesday, June 23 and 28 at 7:00 p.m. at the Junior High School.
Councilmember Santa informed the public that the Mayor’s Senior Summit will be held on
Thursday, June 30 and encouraged the community to participate.
10. Adjournment
The meeting adjourned at 8:30 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 071904 - 3b - Study Session Minutes June 21
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
June 21, 2004
The meeting convened at 8:35 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Susan Sanger, Sue Santa, Sally Velick
and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Public Works Director (Mr. Rardin), City
Engineer (Ms. Hagen), Director of Inspections (Mr. Hoffman), Environmental Health Official
(Mr. Camilon), and Deputy City Clerk (Ms. Stroth).
1. TH 100 Noise Wall Project Update
Ms. Hagen introduced Heather Lott and Wayne Norris from MnDot. Ms. Hagen stated that the
original plans have changed to include Edina as well as St. Louis Park. She stated that they are
now ready to meet with the neighborhoods now that they have more defined landscaping plans
and scope of the project. She anticipated the hiring of a contractor around March 2005. She
stated that Hennepin County has already met with MnDot to discuss traffic concerns.
Ms. Hagen discussed the sightlines of the southbound on ramp at Excelsior Blvd and Highway
100. There are two properties in need of acquiring right away. She stated that MnDot has
designed the noise wall to avoid the garage on one property. Councilmember Basill asked if the
resident was in favor of the noise wall and Ms. Lott replied that he was very much in support of
the project.
Ms. Hagen showed a display of how the future noise wall would look and some of the aesthetic
elements that would be used. Councilmember Velick inquired about the effects of shading on
nearby properties. Ms. Hagen replied that shade would go up to the curb but should not cause
concern to the neighbors. She stated that landscaping is not included in the project, but the city
could apply for the Community Roadside Landscaping Partnership Program for funding to
purchase the materials. The plant materials would need to be planted by volunteers.
Councilmember Basill inquired if Vernon Ave would be made into a one way street. Ms. Hagen
replied that it would not; however, on-street parking would have to be removed. Councilmember
Basill felt that the concern of the neighborhood was that they would not have parking for guests.
Councilmember Santa inquired if another option would be to turn Vernon Ave. into a one-way
street and leave parking on one side of the street. Mayor Jacobs stated that there is concern
about moving traffic from one street to another. Councilmember Basill emphasized the need for
parking. Ms. Hagen stated that the neighborhood would rather have a two way street than one
way with parking. Councilmember Basill stated that he was in support of the noise wall but felt
they would hear complaints about the lack of parking. Mayor Jacobs and Councilmember
Sanger felt the neighborhood has discussed it and wants a two-way street and they should follow
the neighborhood consensus. Councilmember Finkelstein stated that they could come back to
look at the issue if the neighborhood felt differently later on.
St. Louis Park City Council Meeting
Item: 071904 - 3b - Study Session Minutes June 21
Page 2
Councilmember Sanger inquired where St. Louis Park was ranked for construction of a noise
wall north of Minnetonka Blvd. Mr. Norris stated that the current estimate is 2010.
Councilmember Basill asked when they would hold a meeting with the neighborhood and Ms.
Hagen replied that it would be in early September.
Council discussed the design of the noise wall and decided that the neighborhood should decide
on the design.
2. Tobacco Smoke Disclosure Notice Program
Mr. Hoffman described the brochure and their intention to make them available in all restaurants.
He stated that the City would provide the brochures as well as a holder to all restaurants.
Mayor Jacobs stated that he would like to have kids participate and possibly produce their own
public service message about smoking.
Councilmember Sanger suggested adding a statement that six samples are conducted on yearly
basis so that restaurant goers are not led to believe it is an old study. Councilmember Finkelstein
asked what would happen if restaurants did not put out the brochure. Mr. Camilon stated that it
would be part of the food inspection program and Mr. Hoffman stated that this is actually part of
the license to operate in the City.
Mr. Hoffman stated they want to have a disclosure stating the nicotine level in the restaurant
when tested as well as the median or average for all restaurants. Councilmember Sanger would
like it clarified in the disclosure notice that the average is only for those that allow smoking.
Councilmember Santa would like the statement that there is no safe level of secondhand smoke
to be made bigger and bolder.
Mayor Jacobs asked whether the levels tested in the restaurants would be posted on the City’s
website. Mr. Hoffman stated that they could do so.
Mr. Hoffman explained that they are having difficulty with the laboratory work. He stated that
they need new parts for the gas chromatography equipment and will have to retest the restaurants
with the new equipment.
Councilmember Sanger inquired about the time of day they are testing at the restaurants and Mr.
Hoffman replied that they are testing at the times restaurants would have the most patrons
exposed to secondhand smoke.
Mayor Jacobs inquired how long it will take to retest and get the disclosures posted. Mr.
Hoffman replied that it would be likely to be early September. Councilmember Santa inquired if
a study was going to be started and Mr. Hoffman replied that they would have to find a collegiate
group to go any further.
St. Louis Park City Council Meeting
Item: 071904 - 3b - Study Session Minutes June 21
Page 3
Mr. Hoffman explained that the disclosures will be adhered to the front of glass doors. If the
doors are not glass, they will be posted on the outside of the front door or in a very prominent
location inside.
3. Communictions
Mr. Harmening stated that they are going to implement mandatory water restrictions and staff
will be coming back to Council to make those restrictions permanent.
Mr. Harmening reported that District 287 will be leaving Eliot school at the end of the year and
that will mean they will need to find a replacement assignment for a full time office.
Councilmember Velick inquired what they planned to do with the building and Councilmember
Santa stated that the School District may be looking at finding other renters.
Mr. Harmening informed Council that the Novartis company is looking at relocating outside of
St. Louis Park due to the need for a larger facility. It will be several years before the move is
complete.
Mr. Harmening reported that he and several other City Managers met with Hennepin County to
discuss dispatch consolidation. He stated that they had asked Hennepin County for a decision by
August 1 on whether they would charge St. Louis Park for dispatch services.
Mr. Harmening stated they may be eligible to possibly receive $1.6 million in LGA based on
anupcoming decision by the Governor.
4. Adjournment
The meeting adjourned at 9:45 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 071904 - 3c - Special Meeting Minutes June 28
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL MEETING
June 28, 2004
The meeting convened at 5:30 p.m.
Councilmembers present: John Basill, Paul Omodt, Sue Santa, Phil Finklestein, Sally Velick and
Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Organizational Development Coordinator (Ms.
Gothberg)
1. Canoe Trip and Organization Development Session
The meeting started as a canoe trip down Minnehaha Creek and was followed by an organization
development session led by Bridget Gothberg.
The meeting was adjourned at 9:52 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 1
4a. Motion to approve second reading and adopt an ordinance amending St. Louis
Park Ordinance Code (Zoning) to eliminate stand alone motor fuel stations as a
conditional use in the General Industrial District, clarifying the temporary
structure ordinance, clarifying restaurant conditions in the Office District, and
requiring tree protection standards during construction activities; approve
summary ordinance and authorize publication.
Case Nos. 04-22-ZA
Background
In the process of daily administering the zoning code, staff is required to analyze many diverse
land use applications and answer numerous questions. During this process, issues arise where
some areas of the code seem inconsistent or ambiguous. Whenever these issues arise, staff
makes an effort to rectify or simplify the code language. This case deals with four proposed
amendments to the zoning ordinance:
• Eliminate stand alone motor fuel stations as a conditional use in the General Industrial
District and allow them as accessory uses.
• Clarifying the temporary structure ordinance to allow temporary structures for certain
uses to 14 days per calendar year.
• Clarifying restaurant conditions in the Office District to allow stand alone restaurants if it
is part of a Planned Unit Development or larger development.
• Requiring tree protection standards during construction activities.
The Planning Commission conducted a public hearing for the amendment at its May 19, 2004
meeting, and no one from the community was at the meeting to speak. The Commission on a 4-0
vote recommended the Council approve the amendments.
At the June 21, 2004 City Council Meeting, staff presented the Planning Commission’s
recommendations. The City Council considered the advice and recommendation of the Planning
Commission and staff and approved first reading of the attached ordinance on a 6-0 vote.
Proposed Ordinance
The proposed ordinance and summary ordinance is attached for your review.
Prepared By: Gary Morrison, Assistant Zoning Administrator
Approved By: Tom Harmening, City Manager
Attachments
Proposed Ordinance
Proposed Summary Ordinance
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 2
ORDINANCE NO. 2275-04
AN ORDINANCE AMENDING CHAPTER 36 (ZONING) OF THE
ST. LOUIS PARK CODE RELATING TO MOTOR FUEL STATIONS,
TEMPORARY STRUCTURES, RESTAURANTS IN THE OFFICE DISTRICT
AND TREE PROTECTION
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 04-22-ZA)
Section 2. The St. Louis Park Ordinance Code, Section 36 is hereby amended by deleting
stricken language and adding underscored language. Section breaks are
represented by ***.
Section 3. Section 36-223(d) is amended as follows:
(2) Restaurants with intoxicating liquor license. The conditions are as follows:
a. Restaurants with intoxicating liquor licenses shall be permitted only as
part of a larger development which contains at least one other principal use or as
part of a PUD. If the land upon which the restaurant with intoxicating liquor
license is to be located is immediately adjacent to and is able to share parking
with an office building, it shall be deemed to have complied with this condition.
Section 4. Section 36-244(d) is amended as follows:
(1) Motor fuel station. The conditions are as follows:
a. A bufferyard F shall be constructed along all lot lines abutting an R
district. The bufferyard shall include an F6 wall as described under section 36-
364 which shall be adequately maintained. Application of this provision shall not
require a wall within the required front yard.
b. All pump islands, air dispensers and other service devices shall be
installed toward the interior of the lot at least 12 feet from the required yard line,
and no display, servicing of vehicles, parking or dispensing of gasoline shall take
place within the required yard. On sites where pump islands have been
constructed at the required yard line, a landscaped area of eight feet will be
installed in the required yard.
c. All parking and paved areas shall meet the grading, design, and
landscaping requirements of section 36-361.
d. All on-site utility installations shall be placed underground.
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 3
e. No outside sales or display shall be permitted except for goods consumed
in the normal operation of a car such as oil, gasoline and oil additives, windshield
cleaner, windshield wipers, tires and batteries, and other such products shall not
be sold or displayed in any required yard nor shall the total display of any one or
any combinations of such products occupy more than 150 square feet in area or
more than five feet in height. No other vehicular parts and nonautomobile-
oriented goods shall be displayed or sold outside.
f. Canopy and canopy support systems shall be constructed using
architectural design and materials which are compatible with the principal
structure.
g. No sound generated on the site by any means including a public address
system shall be audible from any R district.
h. Modification of the requirements of this section may be made for service
stations in existence on the effective date of the ordinance from which this
chapter is derived, if the city council finds that, because of the shape of the lot,
size of the lot, the location of the principal building on the lot, or similar
circumstances, it would be impossible to satisfy the strict terms of this section or
that they could be satisfied only by imposing exceptional or undue hardship upon
the owner of the lot.
Section 5. Section 36-244(e) is amended as follows:
(9) Motor fuel station. Subject to the following conditions:
a. The motor fuel station shall be for fleet vehicle use only, and shall not be
open to the public.
b. A bufferyard F shall be constructed along all lot lines abutting an R
district. The bufferyard shall include an F6 wall as described under section 36-
364 which shall be adequately maintained. Application of this provision shall not
require a wall within the required front yard.
c. All pump islands, air dispensers and other service devices shall be
installed toward the interior of the lot at least 12 feet from the required yard line,
and no display, servicing of vehicles, parking or dispensing of gasoline shall take
place within the required yard. On sites where pump islands have been
constructed at the required yard line, a landscaped area of eight feet will be
installed in the required yard.
d. All parking and paved areas shall meet the grading, design, and
landscaping requirements of section 36-361.
e. All on-site utility installations shall be placed underground.
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 4
f. Canopy and canopy support systems shall be constructed using
architectural design and materials which are compatible with the principal
structure. Only incidental regulatory signage may be permitted on the canopy
and canopy support systems.
g. No sound generated on the site by any means including a public address
system shall be audible from any R district.
h. Modification of the requirements of this section may be made for
businesses in existence on the effective date of the ordinance from which this
chapter is derived, if the city council finds that, because of the shape of the lot,
size of the lot, the location of the principal building on the lot, or similar
circumstances, it would be impossible to satisfy the strict terms of this section or
that they could be satisfied only by imposing exceptional or undue hardship upon
the owner of the lot. This section shall not be interpreted to allow public use of
the motor fuel station.
Section 6. Section 36-82(b)(3) is amended as follows:
a. Temporary construction structures are regulated under Section 36-
82(b)(1).
b. Temporary structures shall not be permitted for a period of time
exceeding six months per calendar year, except that temporary structures used for
the storage of vehicles, equipment or other household items shall not be
permitted for more than 14 days per calendar year on any parcel that is zoned
residential and used or subdivided for residential.
Section 7. Section 36-81(e) is amended as follows:
(1) Before any construction or grading of any development project occurs, orange
“safety fence” at least four feet in height, and staked with steel posts no less than
every five feet or erosion control fencing shall be placed around the dripline
borders of woodlots and or the drip lines of significant trees to be preserved.
Signs shall be placed along this fence line identifying the area as a tree protection
area, and prohibiting grading beyond the fence line. This fence must remain in
place until all grading and construction activity is terminated
***
(5) Pruning of oak and elm trees must not take place from May 1 April 15 through
July 31. (As per Ordinance 2257-03) If wounding of oak or elm trees occurs, a
nontoxic tree wound dressing must be applied immediately. Excavators must
have a nontoxic tree wound dressing with them on the development site.
Section 8. Section 36-81(f) is amended as follows:
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 5
(f) Penalties for violation. Any tree not exempted by Section (c)(2)a of this section
that is visibly damaged or has a root system that has been driven on causing soil
compaction or the soil within the root zone has been compacted in any way, shall
be replaced in accordance to the tree replacement formula found in section
(c)(2)b. of this section, or as per Section (b)(2) of this section for public trees.
Also, aAny person who is not authorized by the city who removes any tree from
any public property without first obtaining a permit and any person who fails to
replace trees in the manner provided in this subsection shall, in addition to the
criminal penalties prescribed by law, be required to pay to the city the estimated
cost of tree replacement in the amount determined by the city. Upon
determination that this has occurred, the city shall submit a bill for the amount of
tree replacement. If that amount is not received by the city within 90 days, such
amount shall be assessed as a special assessment on any land owned by the
person violating this chapter which is located in the city.
Section 9. The contents of the Planning Case File No. 04-22-ZA is hereby entered into and
made part of the public hearing record and the record of decision for this case.
Section 10. Effective Date. This Ordinance shall be effective fifteen (15) days after its
passage and publication.
ADOPTED this ______ day of ____________, 2004, by the City Council of the City of
St. Louis Park.
CITY OF ST. LOUIS PARK
By:___________________________
Jeffrey W. Jacobs, Mayor
ATTEST:
____________________________
Cynthia Reichert, City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
SUMMARY
St. Louis Park City Council Meeting
Item: 071904 - 4a - Misc Zoning Amendments
Page 6
ORDINANCE NO. 2275-04
AN ORDINANCE RELATING TO MOTOR FUEL STATIONS, TEMPORARY
STRUCTURES, RESTAURANTS IN THE OFFICE DISTRICT AND TREE PROTECTION
This ordinance states that stand alone motor fuel stations will be eliminated as a conditional use
in the General Industrial District, the temporary structure ordinance will be clarified, restaurant
conditions in the Office District will be clarified, and tree protection standards will be required
during construction activities.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council July 19, 2004
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 29, 2004
res-ord/2004/04-22-ZAsum
St. Louis Park City Council Meeting
Item: 071904 - 4b - Boykin Liq License Violation
Page 1
4b. Motion to adopt a resolution imposing a civil penalty of $1000 on Boykin
Management Co, Inc., DBA Holiday Inn Mpls West, 9970 Wayzata Blvd, St.
Louis Park, for liquor license violation as recommended by the City Manager.
Background
On June 7, 2004 our Police Department conducted compliance checks of seven liquor
establishments. Two, Dover’s in the Double Tree Hotel, and Chappy’s Lounge at the Holiday
Inn, were cited for sale of liquor to a minor. Our administrative penalty procedure (summary
attached) calls for representatives of the licensee to meet with a Police Captain, the City Clerk
and the City Manager to discuss the circumstances of the violation and general license
requirements. Police department personnel then provide compliance training to employees at the
establishment.
If all parties agree to the facts of the case the City Manager is granted authority to impose an
administrative penalty subject to council approval. Our standard penalty schedule imposes a fine
of $1000 for the first violation, $2000 for a second violation and suspension up to three days for
a third violation under the same licensee.
History of Violations at 9970 Wayzata Blvd (Holiday Inn)
On July 1, 2003 a transfer of this location’s liquor license from Capstar BK Company to Boykin
Mgmt Company occurred. With the transfer, Capstar BK Company was dissolved.
On June 30, 2003 (just hours prior to the license transfer) an employee of Capstar BK Company
was cited for sale of liquor to a minor. This was Capstar’s second violation. Staff consulted
with the MN Department of Public Safety who recommended that the penalty not be pursued due
to the difficulty of dealing with a now defunct corporate entity. We subsequently informed the
new licensee, Boykin Management Company, that they would not be held responsible for a
violation which had occurred prior to the scheduled license transfer.
Shortly after the transfer, Boykin Mgmt Company required their employees to attend T.I.P.S.
training (Training and Intervention Procedures for Servers) conducted by Boykin representatives.
Current Violation
On June 7, 2004 another compliance check was performed and an employee of Boykin Mgmt
Company was cited for sale of liquor to a minor.
In order to understand how license violations are imposed, it is important to distinguish between
the criminal violation committed by the person making the sale (prosecuted through the county
court system) and the civil violation imposed against the holder of the license (city
responsibility).
St. Louis Park City Council Meeting
Item: 071904 - 4b - Boykin Liq License Violation
Page 2
In this particular case, the person making the sale was the same person who made the sale on
June 30, 2003. The individual was found guilty of a misdemeanor for the 2003 violation and is
now facing gross misdemeanor charges. The individual was also released from employment
immediately following the most recent violation. Also, the manager of the operation was
reassigned to another job.
In terms of the civil violation, however, when the 2003 violation occurred, the holder of the
license was Capstar BK Company. The holder of the license at the time of the 2004 violation
was Boykin Mgmt Company. Therefore, pursuant to our policy, the current licensee (Boykin) is
liable only for the most recent violation (see table below)
Licensee Violation Date Violation # Penalty
CapStar BK Company, LLC 09/08/02 First $1000
CapStar BK Company, LLC 06/30/03 Second Not pursued
Boykin Management Company, LLC 06/07/04 First Recommend $1000
License Transfer
At the meeting of July 19th, Council is also considering another transfer of the license for this
establishment, this time to CSM Lodging Services, Inc. (See Item 6a). The actual transfer is
expected to take place August 2, 2004. With the change in management there will also be
changes in personnel. Staff has discussed the license violations with a representative of CSM
Lodging and they are aware of the need for better controls on liquor sales at the hotel. Police
Department personnel will be working with CSM employees at some point after the transfer to
help ensure no new violations occur at this location
City Manager Recommendation
Because this is a first violation under the management of Boykin Management Company, and
given the actions Boykin took immediately after the violation occurred (termination of employee
and reassignment of the manager) the City Manager recommends an administrative penalty of
$1000 to be paid to the city immediately following council approval of the penalty.
Prepared By: Cynthia D. Reichert, City Clerk
Approved By: Thomas K. Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4b - Boykin Liq License Violation
Page 3
RESOLUTION NO. 04-085
A RESOLUTION IMPOSING CIVIL PENALTY
FOR LIQUOR LICENSE VIOLATION
Boykin Management Co, Inc.
DBA Holiday Inn Mpls West
9970 Wayzata Blvd, St. Louis Park
WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Holiday Inn Mpls
West, 9970 Wayzata Blvd on June 7, 2004; and
WHEREAS, the license holder, Boykin Management Company, Inc. has stipulated that the
incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through –
3-75; and
WHEREAS, The license holder was informed of the civil penalty process and has agreed to
accept the administrative penalty as set by the City Manager and as approved by the City
Council.
NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the
license holder pursuant to City Code Section 3-75 payable to the City immediately upon Council
approval.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 4c - Bit Tab Edgbrook Alley Improvement
Page 1
4c. Bid Tabulation: Motion to designate BCG Construction as the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$29,686.60 for Alley Improvement Project-7600 and 7700 Block Edgebrook Drive,
Project No. 03-15
Background: Bids were received on Thursday, July 8, 2004 for the construction of a concrete alley
in the 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island
Avenue. This project was initiated through a petition signed by 78% of the benefiting property
owners.
A total of six (6) bids were received for this project. An advertisement for bids was published in the
Sun Sailor on June 17 and 24, 2004 and in the Construction Bulletin on June 18 and 25, 2004. A
summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
BCG Construction $29,686.60
VP Enterprises of MN* $32,182.50
Ron Kassa Construction, Inc. $35,041.50
O’Malley Construction, Inc. $35,280.95
Knish Corporation $40,405.00
Midwest Concrete Specialties. $44,757.00
Engineer’s Estimate $35,046.50
*Bid corrected upon extension
Evaluation of Bids: A review of the bids indicates BCG Construction submitted the lowest
responsible bid. This contractor has satisfactorily completed one project for the City. This was the
Park Commons Drive sidewalk construction which was recently completed.
Financial Considerations: 100% of the cost for the concrete alley paving is to be assessed to the
abutting property owners. A total of 11 properties will be assessed. The costs will be apportioned in
accordance with the City’s special assessment policy with direct and indirect benefits. Since a City
Park abuts one entire side of the alley and one of the parcels on the other side of the alley is owned
by the City, the City’s funding obligation will be about 61% of the total project cost.
Assessment Considerations: The assessment hearing for Project No. 03-15 was held on June 7th.
Property owners had 30 days to file an appeal from the date of the assessment hearing. The 30-day
appeal period expired on July 7, 2004 and as of that date the City has received no appeals.
Construction Timeline: Work is anticipated to begin the second week of August and should take
approximately four weeks to complete.
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Maria Hagen, City Engineer
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4d - Bid Tab 36th St Water Improvements
Page 1
4d. Bid Tabulation: Motion to designate Thomas & Sons Construction, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the
amount of $318,707.39 for West 36th Street Water Improvements– City Project No.
04-14
Background: Bids were received on Thursday, July 8, 2004 for the W. 36th Street Water
Improvements. This improvement project replaces an existing 6 inch watermain with a 12 inch
watermain. The watermain upgrade will be from Webster Avenue to Brunswick Avenue. The
larger watermain will provide increased capacity to serve multi-story buildings and the
intensified land use identified in the Elmwood Area Study.
A total of four (4) bids were received for this project. An advertisement for bids was published
in the Sun Sailor on June 17 and 24, 2004 and in the Construction Bulletin on June 18, June 25
and July 2, 2004. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Thomas & Sons Construction, Inc. $318,707.39
Northdale Construction Company $349,888.98
Midwest Asphalt Corp. $414,014.98
F.F. Jedlicki, Inc. $514,378.40
Engineer’s Estimate (includes 10% contingency) $349,208.48
Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results.
From the review, staff recommends Thomas & Sons Construction as the lowest responsible
bidder. Thomas & Sons Construction is a reputable contractor who has performed satisfactory
work for the city in the past.
Financial Considerations: These improvements are being funded primarily through a
Hennepin County Housing, Community Works and Transit grant. The grant is for an amount not
to exceed $304,671. Available TIF funds will be used to cover the rest of the expenses.
Construction Timeline: Work is anticipated to begin the first week of August and should take
approximately six weeks to complete.
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Maria Hagen, City Engineer
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting Item: 071904 - 4e - Bid Tab Bass Lake Trail Page 1
4e. Motion to designate Bituminous Roadways, Inc. as the lowest responsible bidder
and to authorize execution of a contract for the reclaiming and repaving of the
George Haun trail in Bass Lake Park in an amount not to exceed $75,339.00.
Background: The 2004 Capital Improvement Plan (CIP) includes reconstruction of the George
Haun Trail in Bass Lake Park. The 1.25 mile-long trail is located around Bass Lake and has a
width varying from 6- 8 feet. The trail is in need of repair and has been overlaid several times.
The proper base material initially was not installed to construct a bituminous trail in a wet land
area. The new trail will be constructed properly, and have an 8 foot width throughout.
Bid Analysis: Bids were opened Tuesday, June 22, 2004 at 11 a.m. in the City Hall Council
Chambers. Four firms submitted bids, with the amounts shown as follows:
Company Amount Bid
Bituminous Roadways, Inc. $ 75,339.00
Midwest Asphalt Corporation $ 85,000.00
DMJ Corporation $ 96,646.00
Barber Construction Company, Inc. $ 100,886.18
The apparent low bid was received from Bituminous Roadways, Inc. Bituminous Roadway has
successfully and satisfactorily completed projects for the City of St. Louis Park in the past.
Costs and Funding: The City has budgeted $80,000 to be spent on construction of the trail. The
bid from Bituminous Roadways, Inc. is in line with the amount budgeted.
Next Steps and Timelines: Reconstruction will begin as soon as the contract is executed and
will be completed by the end of August, 2004.
Prepared By: Rick Beane, Park Superintendent
Cynthia S. Walsh, Director of Parks and Recreation
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4f - 2646 Joppa Encroachment Agmt
Page 1
4f Motion to authorize the Mayor and City Manager to execute an Encroachment
Agreement with Patrick Shea, 2646 Joppa Avenue South, for use of City right-of-
way for placement of a retaining wall.
Background: Mr. Patrick Shea owns the single-family home at 2646 Joppa Avenue South and
wishes to construct a retaining wall along the south side of his property which would encroach
into the City’s right-of-way.
Analysis: City staff has reviewed this request and has found no conflicts with any public
facilities. The applicant will maintain between one (1) and three (3) feet of clearance between
the retaining wall and the curb, and the retaining wall will need to meet all zoning code
requirements.
The retaining wall cannot be located within private property due to the presence of several
mature trees. Placing the wall any closer to the trees will severely damage their root system. Jim
Vaughan, Environmental Coordinator, has met with this resident and has recommended this
option. The retaining wall will only be 1 to 1 ½ feet tall, so some snow storage can still take
place on top of the wall.
The proposed encroachment agreement allows the City to terminate this agreement upon thirty
(30) days notice to the property owner. The standard agreement was drafted by the City
Attorney. The agreement will be recorded against the property and run with the land. All costs
of construction, future maintenance, relocation or removal would be borne by the property
owner. Approval of the encroachment agreement will be subject to verification that there is no
interference with utilities.
Attachment: Map (Supplement)
Prepared by: Laura Adler, Engineering Program Coordinator
Reviewed by: Jim Vaughan, Environmental Coordinator
Maria Hagen, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Thomas K. Harmening
St. Louis Park City Council Meeting
Item: 071904 - 4g - Final Payment Proj 138-03 Ron Kassa
Page 1
4g. Motion to adopt resolution accepting work on 2003 random sidewalk
replacement in the amount of $47,863.40
RESOLUTION NO. 04-086
RESOLUTION ACCEPTING WORK ON
2003 RANDOM SIDEWALK REPLACEMENT
IN THE AMOUNT OF $47,863.40
CITY PROJECT NO. 03-06
CONTRACT NO. 138-03
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated October 28, 2003, Ron Kassa Construction, Inc.
has satisfactorily completed the 2003 random sidewalk replacement, as per Contract No. 138-03.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed to
make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 4h - Final Payment Proj 94-03 O Malley
Page 1
RESOLUTION NO. 04-087
RESOLUTION ACCEPTING WORK ON
2003 SIDEWALK & TRAIL CONSTRUCTION
IN THE AMOUNT OF $19,229.27
PROJECT NO. 03-01 & 03-02
CONTRACT NO. 94-03
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated August 18, 2003, O’Malley Construction, Inc.
has satisfactorily completed the construction of the 2003 sidewalk and trail construction project, as
per Contract No. 94-03.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed to
make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 4i - Planning Commission minutes June 2
Page 1 7
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
June 2, 2004 – 6 p.m.
COUNCIL CHAMBERS
Commissioners present: Lynne Carper, Claudia Johnston-Madison, Dennis Morris,
Carl Robertson, Jerry Timian
Commissioners absent: Michelle Bissonnette
Staff present: Planning Coordinator (Ms. Erickson), Associate Planner (Ms. Grove),
Administrative Secretary (Ms. Sells)
1. Call to Order
Chair Robertson called the meeting to order at 6:05 pm.
2. Approval of Minutes of May 19, 2004
A motion was made by Commissioner Carper to accept the minutes as presented.
The motion passed 3-0-2 (Chair Robertson and Commissioner Timian abstained).
3. Hearings:
A. Case No. 04-23-CP – Request by Stonebridge Development and Acquisition, LLC
for an amendment to the City’s Comprehensive Plan to change the land use
designation from Civic to High Density Residential and adopt a Redevelopment
Plan for their property for a residential senior housing cooperative development—
8200 33rd Street West.
Ms. Grove presented a staff report. There is a vacant school located on the property. The
developer is proposing to construct an owner-occupied multifamily senior housing project on the
property. A conceptual plan of the proposal shows they are proposing a horseshoe shaped
building with three to four stories.
Ms. Grove said that the developer is requesting TIF assistance. Consideration of the TIF
application is tentatively scheduled to become before the Planning Commission on July 21st.
The proposal will require a PUD as a separate application process. A public hearing regarding
the final designs for the proposed plan will be required at the PUD stage and will require
approval by the City Council. Ms. Grove added that the developer is currently working on a
mailing list for a neighborhood meeting to be held in a couple of weeks. The developer has
also agreed to do a traffic study as part of the PUD process.
Commissioner Morris asked about multi-family housing currently located in the area. Ms. Grove
responded that the already developed multi-family project is located on Virginia Circle. She
explained that staff does believe it is appropriate to guide the subject property as High Density,
as it is consistent with the zoning that is out there, and with the surrounding Comprehensive Plan
guides to the north and the west. With regard to the redevelopment plan: in the RC District
multifamily housing is permitted with conditions. One of those conditions does state that for
multifamily development certain performance standards may be waived or amended, using a
PUD process, if it is specified in a redevelopment plan, which is in the Comprehensive Plan.
Currently there isn’t a redevelopment plan for this property, so the proposal is to actually adopt
one to put into the Comprehensive Plan. She explained that basically this redevelopment plan
will allow flexibility in meeting zoning ordinance standards, such as set-backs, floor area ratios,
parking, etc. The developer is requesting a modification to three separate areas: One, to the
ground floor area, to allow an increase to the building footprint. Two, a front and side yard
setback modification, having a front setback of 10’, which is less than required by that zoning
district. Three, a 20’ setback from the property to the north, which is also less than the setback in
the zoning ordinance. The modifications proposed would allow the developer to be more
sensitive to surrounding areas, the single family homes, specifically to the east and to the south.
The modifications and the setback brings it closer to Virginia Ave and closer to the north.
Adjacent to the north property line is a parking lot, and a nursing home building. This allows for
a larger green area between the single family homes to the east. Staff would probably request a
berm and some landscaping as a buffer to single family homes. This allows the building to be
further north, away from 33rd Street and the single families south of that. The applicant has also
provided a shading analysis.
Ms. Grove explained that the modifications to the ground floor area will allow the building to
have less height. By having three and four stories it is more consistent with the other
multifamily developments in this area. They will be expected to meet the designated outdoor
recreation area or open space requirements. They have indicated they will be exceeding those
requirements, and staff will make sure they meet those requirements in the PUD planning
process.
The reduction in parking proposed would be consistent with what is allowed in the PUD process,
being consistent with both a 15% decrease in parking and a 10% transit reduction in parking.
In general, Ms. Grove said that staff believes the proposal modifications are reasonable and meet
many of the City’s goals, policies, and implementation strategies that are outlined in the
Comprehensive Plan, specifically in the Livable Communities Goals. She went on to say that if
the Comp Plan amendment is approved, it is just the first step in allowing the redevelopment
process to go forward. It will be up to the Planning Commission and City Council to make the
final determination as part of the PUD process.
Commissioner Morris asked about addressing and the location of the main entrance to the
building. Ms. Grove said the main entrance would be off 33rd Street. Commissioner Morris
wanted to know why the front yard area is designated as the side of the building, with no public
access. Ms. Grove explained the zoning ordinance designates that the side, which has the
shortest amount of street frontage is the front yard, and because Virginia Ave. is over a portion
of that, this is the side with the shortest amount of street frontage.
Commissioner Morris said for the record he wanted to point out that changing the Comp Plan
designation from Civic to High Density seems appropriate, but it doesn’t mean this particular
development is going to be approved as related at this point. It will require a Planned Unit
Development hearing. Ms. Grove said that was correct.
Commissioner Carper wondered about the height of the Talmud Torah school building compared
to the expected height of this development. Ms. Grove said the school height is shorter, probably
two stories, however she didn’t know the exact height. She mentioned the grade change at 33rd
St.
Chair Robertson wondered about the time frame for Metropolitan Council approval. Ms. Grove
responded that it would be sent to the Metropolitan Council after Council approval.
Ron Mehl, Stonebridge Development, said he believed the site is a logical location for a senior
co-op building. He reviewed parking details. He said Stonebridge will be allocating $80,000 to
maintain the traffic light at 33rd and Texas. Mr. Mehl explained that the senior co-op concept
has become very popular and has not yet been offered in St. Louis Park.
Commissioner Morris wondered about the percentage of the site dedicated to green space,
recreation and outdoor enjoyment. Gary Tushie, Tushie Montgomery Architects, said that the
proposal actually exceeds the green space requirement, by almost double. The required green
space is 24,400 square feet and they are providing 46,701 square feet.
Commissioner Morris asked if it was usable open/recreational space as defined by recent
ordinance changes. Ms. Grove said that staff has not reviewed the proposal’s green space. She
said the ordinance does require 12% of the site area as designated recreational area.
Commissioner Morris noted that the specifics will be reviewed at the PUD process.
In response to Commissioner Morris’ question about hardy plank siding and Class I material, Mr.
Tushie stated that the requirement for Class I material has been met without the hardy plank
material.
Commissioner Carper asked whether on-street parking is allowed on 33rd Street or Virginia Ave.
Mr. Tushie said he was not aware of existing on-street parking. He said they believe plenty of
parking has been proposed for the intended use. Ms. Erickson said she was unsure whether on-
street parking currently existed. She commented that the street is not very wide.
Commissioner Timian wondered if the design is for optimum use of development but not the
best design for housing. He compared it to a similar “fortress” design at Hwy. 7 and Louisiana
which took advantage of a nearby park, but which lacks usable open space on the site itself.
Mr. Tushie said the proposal has more green space than most typical senior projects. He added
that the project is also within walking distance of Aquila Park. He went on to describe the
proposed outdoor seating, a water feature, plaza and arbor area of the project.
Chair Robertson asked how the project would be affected by the setback requirements in the
PUD process. Mr. Tushie stated that with a 4-story building, they could comply with the
setback ordinance. With a 4-story building the footprint would be smaller and they could
comply with the area requirement as well.
Chair Robertson opened the public hearing.
Gene Storman, board president of the Windmore Condominium Association, 3200 Virginia,
questioned the surface parking of 61 spaces. He said it seemed like a lot of surface parking for
visitors. Ms. Grove said that the proposed parking with the surface and underground parking is
under the ordinance requirements for required parking. The developer is proposing 1.5 stalls per
unit; the ordinance requires 2.0. Mr. Storman wondered about the high density designation,
asking if the project would qualify for medium density.
Ms. Grove said it would have to be high density as it is currently proposed.
Mr. Storman said the condo association is very concerned about the project’s use of the existing
curb cut on Virginia. He asked how the traffic study is conducted.
Mr. Tushie responded that traffic engineers look at other patterns and create a model of how
traffic would flow with this many units in this location. Mr. Storman said the association is
opposing a street light at 32nd Street since there is a street light at 33rd and Texas. He asked why
access can’t be from the east side rather than the west side for underground parking.
Chair Robertson said that was a valid question, and the traffic study would look at alternatives
along those lines.
Mr. Stormen asked about the next step. Ms. Grove responded that there would be a
neighborhood meeting in the next couple of weeks. She said notice of the public hearing for the
PUD request will be mailed to property owners within 350 ft. of the site. The public hearing
will also be advertised. Property owners within 350 ft. will also be notified of the City Council
meetings regarding the development.
Commissioner Johnston-Madison asked that height measurements of the development as well as
for neighboring buildings be provided as the proposal proceeds. Commissioner Johnston-
Madison asked if Virginia Circle is a normal width street. Ms. Grove responded that it is.
Commissioner Morris commented that the existing outlet for Torah Academy parking lot is
already on Virginia, and therefore Virginia must have been carrying the traffic load. It may have
changed after the condos were built, and its access may have been chained off, but he wanted to
point out there appears to have been traffic on that street previously.
Tracy Burns, 3301 Virginia St., Aquila Neighborhood board, said the neighborhood has over 600
single family homes and 600 + condos, so already has lots of high density housing in the area.
She said the traffic is going to be an issue: the association doesn’t like it coming out on Virginia
and the single family homes will not like it coming out on 33rd. She said when the school was
operating the buses would come and go. When the school moved out and the parking lot was
chained off the neighborhood became much quieter and the excessive cut-through traffic
stopped. She said one of her big issues is the huge size of the development which will tower
over her single family home, a one-story house. Her neighbors feel the same way. As it is
now, all of the apartments and condos are separated from the single family homes by the terrain.
She said she is trying to see the benefit to the neighborhood but all she understands is the benefit
to the developer and the City.
Commissioner Timian wondered how many rental and condo units there are in the
neighborhood? Ms. Burns said 600 rental condo units in Aquila Neighborhood now and over
600 single family homes, which makes it equally balanced. She said it is either the highest or
second highest density neighborhood in the City. Commissioner Timian stated it would be
interesting to see neighborhood by neighborhood what the balance and numbers are.
Ms. Erickson stated there are some neighborhoods with no multifamily and some neighborhoods
with 100% multifamily, it really depends upon how it was developed and where the
neighborhood lines were drawn. Commissioner Timian said the Commission is looking long
term at the community, and how it should look in 2025 years. He cited an interesting article
recently about Brooklyn Park and its development.
Ms. Burns stated she was not against developing the entire site in question, but thinks the
proposed plan is too large and will tower over the single family neighborhood.
Mr. Stormen wondered if there are many or any places in the City where there is no transition
zone between single family and high density. Ms. Erickson responded there are many areas all
over the City without a transition: single family next to highways, single family next to
commercial, and single family next to high density. She said examples could be provided at the
PUD stage.
Commissioner Morris said in theory and concept the proposal fits with what is allowed at the
site. He added that the Planning Commission always listens to neighborhoods. He said to deny
an applicant the use of land which is legally allowed cannot normally be supported. With the
PUD restrictions can be put in place. The Planning Commission desires to have balanced
decision making on requirements and restrictions.
Chair Robertson said it is early in the process and the comments the neighborhood makes are
very important for the developer to hear. The neighborhood meeting is very important. He said
the traffic study should help with traffic concerns. He commented that a nice buffer exists on the
east side between single family and high density. He said he agreed with Ms. Burns that on the
south side the development is very close to single family and perhaps some kind of buffer or
stepping back could help with a transition. Chair Robertson said if all parties stay involved a
nice project to benefit all should develop.
In response to Commissioner Johnston-Madison’s question about why the reguiding was
necessary, Ms. Erickson said that the property could not be redeveloped unless the Comp Plan
designation was changed. Ms. Erickson said the grade difference between 33rd Street and
Virginia does put the building down in a hole. So the building is not as extreme as it probably
looks. There has been a fairly large building all along, a school building. It will never
redevelop as single family and for some sort of medium density the numbers would have to
work. She said even as it is currently proposed, as high density, the project will be requesting
TIF because the numbers don’t work. Given all of these variables, it is difficult to do a
redevelopment project and do very low density.
Chair Robertson said the questions were very good. He said he looks at the development as a
nice square of high density residential, one corner of which is being removed as Civic. To pull
that back is not completely out of character.
Commissioner Johnston-Madison said she would feel more comfortable knowing the height of
the proposed building. She thanked everyone for their participation and said she recognizes the
neighborhood issues of density, but also knows senior housing is needed in St. Louis Park. She
understands that development costs dictate a certain number of units in order to make the
numbers work.
Ms. Erickson stated that of all residential developments senior housing has the least amount of
traffic generated. The traffic light is being maintained on Texas so that public transportation can
be utilized easier. She said she is hearing neighborhood concern about building mass and
maybe design could provide a better transition for the neighborhood.
Chair Robertson agreed that the location, transit and the park is a nice fit for senior housing. He
suggested looking at how much high density housing is in the neighborhood to make sure it is
spread throughout the City fairly.
Commissioner Timian wondered if the developer could look at a step-up design.
Mr. Tushie said that better visuals will be developed later.
A motion was made by Commissioner Morris to accept staff recommendation for the amendment
to the City’s Comprehensive Plan to change the land use designation from Civic to High Density
Residential, subject to adoption of the Comprehensive Plan Redevelopment Plan guidelines and
approval by the Metropolitan Council. The motion passed 5-0.
4. Unfinished Business – none
5. New Business
A. Resolution of Appreciation
A motion passed unanimously to approve Resolution No. 71 recognizing Ken
Gothberg’s distinguished six years of service with the Planning Commission.
B. Chair Robertson acknowledged receipt of a letter from TOLD Development
regarding Phase E – Exc. and Grand regarding their plans to begin marketing the
condo units in advance of final approvals.
6. Communications
Commissioner Carper invited Commissioners to participate in the Parktacular Parade as
part of Charter Commission 50th anniversary celebration activities.
7. Miscellaneous
Commissioner Carper discussed the subdivision request for three single family homes at
26th and France. He asked if the Planning Commission would want to make a
recommendation to the City Council to direct staff to examine how an ordinance or
process can prevent this type of activity in the future.
After discussion between the Chair, Commissioner Johnston-Madison, Commissioner
Carper and staff on this subject, a motion was made by Commissioner Carper to request
that the City Council invite the Planning Commission to participate in a Study Session
where the issues of subdivision of lots could be discussed. The motion passed 5-0.
8. Adjournment
Chair Robertson adjourned the meeting at 7:20pm.
Prepared by: Submitted by:
Karen Teagarden Nancy Sells
Recording Secretary Adm. Secretary
St. Louis Park City Council Meeting
Item: 071904 - 4j - TH 100 Noise Wall ROW Acquisition
Page 1
4j. Motion directing staff to pursue right-of-way acquisition associated with Trunk
Highway 100 Noise Wall Construction Project, Project No. 2005-01
BACKGROUND: In 1995, the Minnesota Legislature requested the Minnesota Department of
Transportation (Mn/DOT) to conduct a study to “survey noise conditions along highways,
identify areas where state and federal noise standards are exceeded, and to assess the feasibility,
reasonableness, and cost effectiveness of noise mitigation measures”. The result of this request
is a February 1997 report, “Minnesota Highway Noise Abatement Study” which identified
hundreds of locations throughout the state and ranked them using the legislative criteria.
The east side of Trunk Highway 100, south of Excelsior Boulevard, was ranked No. 4 state-wide
according to the study. This noise wall was constructed in 2001. The west side of Trunk
Highway 100, south of Excelsior Boulevard, is ranked No. 23 state-wide. Due to the lack of
funding, Mn/DOT was not able to construct both walls at once. Since that time, Mn/DOT has
included construction of the wall on the west side of the highway from approximately 41st Street
& Webster Avenue to the southern City limits, in their 2005 construction program.
On May 19, 2003 the City Council approved a resolution which authorized Mn/DOT to proceed
with the preparation of plans and specifications for construction of the noise wall.
ANALYSIS: During the preliminary discussions with Mn/DOT, the City agreed to acquire all
necessary right-of-way for Mn/DOT. Two locations of right-of-way encroachment have been
identified: 4041 Webster Avenue South, a private residence, and at 5524 W. 41st Street, St.
Luke’s Lutheran Church.
In the case of the church, very minimal amounts of right-of-way are needed. At 4041 Webster,
Mn/DOT has designed the noise wall so as to avoid the garage, however, due to sight lines, they
must cross the rear corner of the property. In this case, a more significant acquisition would be
needed.
At this time, staff is requesting Council authorization to pursue acquisition of the necessary
right-of-way. As in the past, staff intends to hire a consultant to assist in this process.
FUNDING: The total cost of the project, including the work in the city of Edina, is estimated to
cost $2,870,416. The proposed cost breakdown is shown below:
Mn/DOT Edina St Louis Park Total
Noise Wall $1,550,579 $1,074,909 $111,490 $2,736,978
Utilities $0 $0 $133,438 $133,438
Right-of-Way $0 $0 ? ?
Total $1,550,579 $1,074,909 $244,928 $2,870,416
Funding for the City’s portion of the project will come from GO Bond Revenue ($111,490) and
Water Utility funds ($133,438).
St. Louis Park City Council Meeting
Item: 071904 - 4j - TH 100 Noise Wall ROW Acquisition
Page 2
It is not known whether there will be a cost to the City for acquiring the right-of-way. In both
cases, staff will attempt to acquire the right-of-way either at low or no cost. Terms and payments
for eventual right-of-way acquisition must be approved by the City Council before they become
final.
NEXT STEPS: City staff, along with Mn/DOT, will host another informational meeting for
residents to answer questions and detail the specifics of the project. This will likely be held in
September, 2004.
Bids for this work are expected to be solicited in March of 2005 for construction in the summer
of 2005. Staff’s goal is to complete the right-of-way negotiations and acquisition with the two
affected property owners by the end of 2004.
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 1
4k. Motion to approve resolution for the issuance of multifamily housing revenue
refunding bonds in an amount not to exceed $14,585,000 under MN Statutes,
Capter 462C, as amended
Background:
Silvercrest Properties, on behalf of Park Boulevard Towers Project, is requesting the City to
issue Private Activity Revenue Refunding Bonds in an amount not to exceed $14,585,000. The
original bonds were issued in 1985 and were used to finance acquisition, construction, and equip
a 207-unit multifamily rental housing development located at 3663 Park Center Boulevard. In
1996, the 1985 bonds were refunded.
On May 18, 2004, Silvercrest Properties, on behalf of Park Boulevard Towers Project, submitted
an application to the City to refund the 1996 bonds. City staff, as well as Kennedy & Graven,
has reviewed the application and it appears to be in order. The appropriate application fee of
$2,500 was received by the City. If the refunding bonds are approved, the City will continue to
receive an administrative fee of 1/8th of 1% of the outstanding principal balance of the bonds.
This amounts to approximately $18,230 per year.
On June 21, 2004, the City Council approved a preliminary resolution to approve this refunding.
If approved, the bonds will be scheduled to close on July 28, 2004.
Recommendation:
Staff recommends approval of the final resolution approving the issuance of Private Activity
Revenue Bonds in the amount not to exceed $14,585,000.
Attachments: Resolution
Prepared by: Jean D. McGann, Director of Finance
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 2
RESOLUTION NO. 04-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS
PARK, MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS VARIABLE
RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(PARKSHORE SENIOR CAMPUS PROJECT), SERIES 2004, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,585,000, WHICH
BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE
PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT;
PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE
ISSUANCE OF THE SERIES 2004 BONDS.
WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a municipal corporation and a
home rule city duly organized and existing under its charter and the Constitution and laws of the State of
Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public
purposes described therein and contemplated thereby in the financing of housing within its boundaries, by
issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing
development, and by issuing bonds for the purpose of refunding any outstanding bonds issued by the City
pursuant to the Act, and by entering into any agreements made in connection therewith and by pledging
any such agreements as security for the payment of the principal of and interest on any such revenue
bonds; and
WHEREAS, following a public hearing for which notice was published in a newspaper of
general circulation in the City, a resolution was adopted by the City Council of the City at a meeting in
December 1985 that approved a housing program for the issuance of revenue bonds (the “Program”) to
finance the construction of a 207-unit multifamily housing development located at 3663 Park Center
Boulevard in the City of St. Louis Park, Minnesota, originally known as Park Boulevard Towers and now
known as Parkshore Place (the “Project”), pursuant to the Act and gave approval to the issuance of the
City’s Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Park
Boulevard Towers Project) (the “Series 1985 Bonds”), in the original aggregate principal amount of
$17,000,000 and dated December 1, 1985, pursuant to the terms of an Indenture of Trust, dated as of
December 1, 1985, as amended by a supplement dated as of October 1, 1986 (collectively, the “Series
1985 Indenture”), between the City and U.S. Bank National Association (the “Trustee”) (formerly known
as U.S. Bank Trust National Association, First Trust National Association and First Trust Company,
Inc.); and
WHEREAS, the proceeds derived from the sale of the Series 1985 Bonds were loaned to Park
Boulevard Housing Limited Partnership, a Minnesota limited partnership (the “Prior Borrower”),
pursuant to the terms of a Loan Agreement, dated as of December 1, 1985, which was amended and
restated on November 28, 1986 (collectively, the “Series 1985 Loan Agreement”), between the City and
the Prior Borrower and applied by the Prior Borrower to the acquisition, construction, and equipping of
the Project; and
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 3
WHEREAS, the amendments to the Series 1985 Indenture and the Series 1985 Loan Agreement
in 1986 provided for the conversion of the interest rate on the Series 1985 Bonds from a floating interest
rate to a fixed interest rate (the “Conversion”).
WHEREAS, following the publication of a notice of public hearing on October 18, 1995, in a
newspaper of general circulation in the City, a public hearing was held by the City Council of the City on
November 6, 1995, relating to the proposal to issue bonds of the City to refund the Series 1985 Bonds
and refinance the Project; and
WHEREAS, by Resolution No. 95-151, adopted by the City Council of the City on
November 6, 1995, as amended and supplemented by Resolution No. 95-160, adopted by the City
Council of the City on November 20, 1995, the City authorized the issuance of its Multifamily Housing
Revenue Refunding Bonds (Park Boulevard Towers Project), Series 1996A (the “Series 1996 Bonds”), in
the original aggregate principal amount of $15,705,000, pursuant to the terms of an Indenture of Trust,
dated as of April 1, 1996 (the “Series 1996 Indenture”), between the City and the Trustee, and loaned the
proceeds derived from the sale of the Series 1996 Bonds to the Prior Borrower pursuant to the terms of a
Loan Agreement, dated as of April 1, 1996 (the “Series 1996 Loan Agreement”), between the City and
the Prior Borrower, and applied by the Prior Borrower to the redemption and prepayment of the
outstanding principal of the Series 1985 Bonds; and
WHEREAS, following the publication of a notice of public hearing on June 3, 2004, in the
Sun-Sailor, a newspaper of general circulation in the City, a public hearing was held by the City Council
of the City on June 22, 2004, relating to the proposal to issue bonds of the City to refund the Series 1996
Bonds and refinance the Project, and on such date the City Council of the City adopted a resolution
granting preliminary approval to the issuance of such refunding bonds; and
WHEREAS, to provide for the redemption and prepayment of the outstanding Series 1996
Bonds, Parkshore Senior Campus, LLC, a Minnesota limited liability company (the “Owner”), has
proposed that the City issue its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds
(Parkshore Senior Campus Project), Series 2004 (the “Series 2004 Bonds”), in the original aggregate
principal amount of $14,585,000, to refund the Prior Bonds and refinance the Project; and
WHEREAS, in connection with the refinancing of the Project , ownership of the Project will be
transferred from the Prior Borrower to the Owner and the Owner is a related entity of the Prior Borrower
for federal tax purposes; and
WHEREAS, the Series 2004 Bonds are proposed to be issued pursuant to the terms of a Trust
Indenture, dated as of July 1, 2004 (the “Indenture”), between the City and the Trustee; and
WHEREAS the proceeds derived from the sale of the Series 2004 Bonds will be applied to fund a
loan (the “Loan”) to the Owner pursuant to the terms of a Financing Agreement, dated as of July 1, 2004
(the “Financing Agreement”) between the City, the Owner and the Trustee, and the proceeds of the Loan
will be applied to the redemption and prepayment of the outstanding principal of the Series 1996 Bonds;
and
WHEREAS, the Series 2004 Bonds are proposed to be secured by a direct pay Credit
Enhancement Agreement, dated as of July 1, 2004 (the “Credit Enhancement Agreement”), between the
Federal Home Loan Mortgage Corporation, a shareholder-owned government-sponsored enterprise
organized and existing under the laws of the United States (“Freddie Mac”) and the Trustee; and
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 4
WHEREAS, pursuant to the terms of a Reimbursement and Security Agreement, dated as of
July 1, 2004 (the “Reimbursement Agreement”), to be entered into between Freddie Mac and the Owner,
the Owner is obligated to reimburse Freddie Mac for any payments made by Freddie Mac under the
Credit Enhancement Agreement; and
WHEREAS, to secure the Owner’s reimbursement obligations to Freddie Mac under the
Reimbursement Agreement, the Owner will execute and deliver to Freddie Mac a Multifamily Mortgage,
Assignment of Rents, Security Agreement and Fixture Financing Statement, dated as of July 1, 2004
(the “Reimbursement Mortgage”), with respect to the Project; and
WHEREAS, the obligations of the Owner under the Loan are to be evidenced by a Multifamily
Note, to be dated as of July 1, 2004 or as of the date of issuance of the Series 2004 Bonds (the “Note”),
executed by the Owner in favor of the City (and assigned by the City to the Trustee pursuant to the terms
of the Indenture for the benefit of the owners of the Series 2004 Bonds); and
WHEREAS, the Series 2004 Bonds and the interest payable thereon are not general or moral
obligations of the City but are special, limited obligations of the City, payable solely from the trust estate
expressly pledged to the Series 2004 Bonds under the Indenture, including, without limitation, its interest
in the Note, the Financing Agreement, and the Credit Enhancement Agreement, and none of the
United States of America, the State of Minnesota, nor any other political subdivision of the State (except
the City and then only to the limited extent provided in the Indenture) shall in any event be liable for the
payment of the principal of, premium, if any, or interest on the Series 2004 Bonds or for the performance
of any pledge, obligation, or agreement of any kind whatsoever of the City, and neither the Series 2004
Bonds nor any of the City’s agreements or obligations shall be construed to constitute an indebtedness of
the United States of America, the State, or any other political subdivision of the State, or the City within
the meaning of any constitutional or statutory provision;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. LOUIS PARK, MINNESOTA THAT:
Section 1. The City acknowledges, finds, determines, and declares that the preservation of the
quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate
housing stock which is affordable to persons and families of low or moderate income and that
accomplishing this is a public purpose. The City also hereby finds, determines, and declares that the
Project has been designed to be affordable by persons and families of low and moderate incomes and that
the Owner has agreed to meet the occupancy limitations and adjusted gross income limitations set forth in
Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, and applicable Treasury
Regulations promulgated thereunder.
Section 2. An Amended and Restated Housing Program, dated July 1, 2004 (the “Housing
Program”), has been prepared to amend and restate the original Program. The Housing Program reflects
the issuance of the Series 2004 Bonds to refund the Series 1996 Bonds and to refinance the Project. The
Housing Program, in the form on file with the City, is hereby approved. The City Council of the City
further finds, determines, and declares that the purpose of the Housing Program is to finance and
refinance the Project. At the request of the Owner, to accomplish the purposes of the Housing Program,
the City proposes to issue the Series 2004 Bonds and loan the proceeds derived from the sale of the Series
2004 Bonds to the Owner in order to finance the redemption and prepayment of the Series 1996 Bonds.
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 5
Section 3. For the purpose of refinancing the Project there is hereby authorized the issuance of
the Series 2004 Bonds. The Series 2004 Bonds shall bear interest at such rates, shall be in such
denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to
maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the
Indenture. The City hereby authorizes the Series 2004 Bonds to be issued as “tax-exempt bonds” the
interest on which is excludable from gross income for federal and State of Minnesota income tax
purposes.
Section 4. The Series 2004 Bonds and the interest thereon are not general or moral obligations of
the City. The Series 2004 Bonds and the interest thereon are special, limited obligations of the City,
payable solely from the Trust Estate pledged therefor under this Indenture, including, without limitation,
its interest in payments received under the Note and the Credit Enhancement Agreement. The City
hereby authorizes and directs the Mayor of the City (the “Mayor”) and the City Manager of the City
(the “City Manager”) to execute the Indenture and to deliver the Indenture to the Trustee and hereby
authorizes and directs the execution of the Series 2004 Bonds in accordance with the Indenture, and
hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations,
duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. The Mayor is
hereby authorized to approve changes to the maturity schedules, optional and mandatory redemption
terms, mandatory sinking fund payment schedules, and other terms and provisions of the respective
Bonds as set forth in the Indenture; provided that the maturity date for any Bond shall not be later than
the latest date set forth in the respective form of the Indenture.
All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in
full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially
in the form on file with the City on the date hereof, and is hereby approved, with such changes as shall be
approved by the Mayor pursuant to this section, and with such necessary and appropriate variations,
omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his
discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence
of such determination.
Section 5. The Mayor and the City Manager are hereby designated as the representatives of the
City with respect to the issuance of the Series 2004 Bonds and the transactions related thereto and are
hereby authorized and directed to accept and execute the Bond Purchase Agreement (the “Bond Purchase
Agreement”), between Piper Jaffray & Co. (the “Underwriter”), the City, and the Owner. All of the
provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be
deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein
and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase
Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby
approved, with such necessary and appropriate variations, omissions, and insertions as are not materially
inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution
thereof by the Mayor shall be conclusive evidence of such determination.
Section 6. The Mayor and the City Manager are hereby authorized and directed to execute the
Financing Agreement with the Owner and the Trustee, and when executed and delivered as authorized
herein, the Financing Agreement shall be deemed to be a part of this resolution as fully and to the same
extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof. The Financing Agreement shall be substantially in the form on file with the City on
the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 6
are not materially inconsistent with such forms and as the Mayor, in his discretion, shall determine;
provided that the execution thereof by the Mayor shall be conclusive evidence of such determination.
Section 7. The Mayor and the City Manager are hereby authorized and directed to accept and
execute the Amended and Restated Regulatory Agreement, dated as of July 1, 2004 (the “Regulatory
Agreement”), between the City, the Owner, and the Trustee and, when executed and delivered as
authorized herein, the Regulatory Agreement shall be deemed to be a part of this resolution as fully and
to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with
the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and
insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall
determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such
determination.
Section 8. The Mayor and the City Manager are hereby authorized and directed to endorse the
Note to the Trustee, without recourse, and to execute and deliver the Uniform Commercial Code
financing statements (with respect to the assignment of its interests in the Financing Agreement, the Note,
and the other Loan documents, other than the Unassigned Rights (as defined in the Indenture), to the
Trustee, for the benefit of the owners of the Series 2004 Bonds), and to execute and deliver all other
instruments and documents necessary to accomplish the purposes for which the Series 2004 Bonds are to
be issued and the Indenture, the Financing Agreement, the Regulatory Agreement, and the Bond Purchase
Agreement are to be executed and delivered.
Section 9. The City hereby consents to the preparation and distribution of an Official Statement
with respect to the offer and sale of the Series 2004 Bonds (the “Official Statement”) as requested by the
Underwriter and the Owner; provided that it is understood that the City has not been requested to
participate in the preparation of or to review the Official Statement and has not done so. The City has
made no independent investigation of the facts and statements set forth in the Official Statement;
accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to
matters relating to the accuracy, fairness, completeness or sufficiency of the Official Statement, except
any information specifically relating to the City under the heading “THE CITY” and “NO
LITIGATION—The City” in the Official Statement.
Section 10. The Mayor, the City Manager, and other officers of the City are authorized upon
request to furnish certified copies of all proceedings and records of the City relating to the Series 2004
Bonds, and such other affidavits and certificates as may be required to show the facts relating to the
Series 2004 Bonds as such facts appear from the books and records in the officers’ custody and control or
as otherwise known to them; and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall constitute representations of the City as to the truth of all statements contained
herein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on
behalf of the City, all other certificates, instruments, and other written documents that may be requested
by bond counsel, the Underwriter, the Trustee, Freddie Mac, or other persons or entities in conjunction
with the issuance of the Series 2004 Bonds and the expenditure of the proceeds of the Series 2004 Bonds.
Without imposing any limitations on the scope of the preceding sentence, such officers and employees
are specifically authorized to execute and deliver a certificate relating to federal tax matters including
matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the
Series 2004 Bonds, an order to the Trustee, a general certificate of the City, and an Information Return
for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 2002).
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 7
Section 11. All covenants, stipulations, obligations, representations, and agreements of the City
contained in this resolution or contained in the Indenture or other documents referred to above shall be
deemed to be the covenants, stipulations, obligations, representatives, and agreements of the City to the
full extent authorized or permitted by law, and all such covenants, stipulations, obligations,
representations, and agreements shall be binding upon the City. Except as otherwise provided in this
resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City
by the provisions of this resolution or of the respective Indenture or other documents referred to above
shall be exercised or performed by the City, or by such officers, board, body, or agency as may be
required or authorized by law to exercise such powers and to perform such duties. No covenant,
stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or
other documents referred to above shall be deemed to be a covenant, stipulation, obligation,
representation, or agreement of any elected official, officer, agent, or employee of the City in that
person’s individual capacity, and neither the members of the City Council of the City nor any officer or
employee executing the Series 2004 Bonds shall be liable personally on the Series 2004 Bonds or be
subject to any personal liability or accountability by reason of the issuance thereof.
Section 12. Except as herein otherwise expressly provided, nothing in this resolution or in the
Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or
corporation other than the City, and the Trustee, as fiduciary for owners of the Series 2004 Bonds, any
right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof
or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being
intended to be, and being for the sole and exclusive benefit of the City, the Trustee, as fiduciary for
owners of the Series 2004 Bonds issued under the provisions of this resolution and the Indenture, and the
Owner to the extent expressly provided in the Indenture.
Section 13. In case any one or more of the provisions of this resolution, or of the documents
mentioned herein, or of the Series 2004 Bonds issued hereunder shall for any reason be held to be illegal
or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the
aforementioned documents, or of the Series 2004 Bonds, but this resolution, the aforementioned
documents, and the Series 2004 Bonds shall be construed and endorsed as if such illegal or invalid
provisions had not been contained therein. The terms and conditions set forth in the Indenture, the pledge
of revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the
Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions
relating to the application of the proceeds derived from the sale of the Series 2004 Bonds pursuant to and
under the Indenture, and the application of said revenues, collateral, and other money are all
commitments, obligations, and agreements on the part of the City contained in the Indenture, and the
invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of
the City to create such funds and to apply said revenues, other money, and proceeds of the Series 2004
Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it
being the intention hereof that such commitments on the part of the City are as binding as if contained in
this resolution separate and apart from the Indenture.
Section 14. All acts, conditions, and things required by the laws of the State of Minnesota,
relating to the adoption of this resolution, to the issuance of the Series 2004 Bonds, and to the execution
of the Indenture and the other documents referred to above to happen, exist, and be performed precedent
to and in the enactment of this resolution, and precedent to the issuance of the Series 2004 Bonds, and
precedent to the execution of the Indenture and the other documents referred to above have happened,
exist, and have been performed as so required by law.
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 8
Section 15. The members of the City Council of the City, officers of the City, and attorneys and
other agents or employees of the City are hereby authorized to do all acts and things required by them by
or in connection with this resolution and the Indenture and the other documents referred to above for the
full, punctual, and complete performance of all the terms, covenants, and agreements contained in the
Series 2004 Bonds, the Indenture, and the other documents referred to above, and this resolution.
Section 16. The Mayor and the City Manager are hereby designated and authorized to take such
administrative actions as are permitted or required in connection with the issuance of the Series 2004
Bonds and pursuant to the Indenture, the Financing Agreement, the Regulatory Agreement and the Bond
Purchase Agreement.
Section 17. The Mayor and the City Manager of the City are authorized and directed to execute
and deliver any and all certificates, agreements or other documents which are required by the Indenture,
the Financing Agreement, the Bond Purchase Agreement, the Regulatory Agreement or any other
agreements, certificates or documents which are deemed necessary by bond counsel to evidence the
validity or enforceability of the Series 2004 Bonds, the Indenture or the other documents referred to in
this resolution, or to evidence compliance with Section 103(b)(4)(A) of the Internal Revenue Code of
1954, as amended, and applicable Treasury Regulations promulgated thereunder, and Section 103 and
applicable provisions of Sections 141—150 of the Internal Revenue Code of 1986, as amended, and
applicable Treasury Regulations promulgated thereunder; and all such agreements or representations
when made shall be deemed to be agreements or representations, as the case may be, of the City.
Section 18. If for any reason the Mayor of the City is unable to execute and deliver those
documents referred to in this Resolution, any other member of the City Council of the City, or any officer
of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with
the same force and effect as if such documents were executed by the Mayor. If for any reason the City
Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such
documents may be executed and delivered by any member of the City Council, the Assistant City
Manager, or any officer of the City duly delegated to act on behalf of the City Manager, with the same
force and effect as if such documents were executed and delivered by the City Manager.
Section 19. This resolution shall be in full force and effect from and after its passage.
(The remainder of this page is intentionally left blank.)
St. Louis Park City Council Meeting
Item: 071904 - 4k - Silvercrest PARB
Page 9
PASSED AND APPROVED this July 19, 2004.
CITY OF ST. LOUIS PARK, MINNESOTA
Mayor
ATTEST:
City Manager
SA140-076 (BWJ)
249567v.1
St. Louis Park City Council Meeting
Item: 071904 - 4l - 26th Street Parking Restrictions
Page 1
4l. Motion to adopt the attached resolution authorizing the installation of “No
Parking” restrictions on the north side of 26th Street for the 100 feet west of 25 ½
Street.
Background: Based upon a request by a resident, staff explored the possibility of installing “No
Parking” signs to limit parking on the north side of 26th Street west of its intersection with 25 ½
Street. This request was prompted by the resident’s observation of a limited sight distance at the
intersection of 25 ½ Street and 26th Street when cars are parked in the area in question.
Analysis: City staff observed the intersection and found that when vehicles are parked along the
north side of 26th Street, west of 25 ½ Street, the sight line for cars traveling on 25 ½ Street is
limited. 25 ½ Street is a major exit from State Highway 100, and there is a significant amount of
traffic in the area.
Vehicles are also frequently parked along the north side of 26th Street west of 25 ½ Street due to
overflow parking from Benilde-St. Margaret’s School. City staff feel it would be appropriate to
limit parking along 26th Street west of 25 ½ Street in order to improve sight lines and safety at
the intersection.
Public Input: An initial letter was mailed to residents in late May requesting comments on the
proposed installation of parking restrictions. There were two (2) responses to that inquiry, and
both were in favor of the installation of the parking restrictions. These are summarized in the
attachment.
Recommendation: It is recommended that the City Council adopt the attached resolution
providing for the installation of parking restrictions on the north side 26th Street, for a distance of
100 feet west of the intersection of 25 ½ Street and 26th Street.
Attachments: Summary of resident comments
Map (Supplement)
Resolution
Prepared by: Laura Adler, Engineering Program Coordinator
Reviewed by: Maria A. Hagen, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 4l - 26th Street Parking Restrictions
Page 2
Comments Received Regarding Removal of Permit Parking Restrictions:
Name Address Comment
Roger Champange 2601 Salem Avenue Is in favor of the proposed parking
restrictions. Also has concerns about
school children parking in the
residential areas.
Bob Tift President of Benilde-St.
Margaret’s
Is in favor of the proposed
restrictions.
St. Louis Park City Council Meeting
Item: 071904 - 4l - 26th Street Parking Restrictions
Page 3
RESOLUTION NO. 04-089
RESOLUTION AUTHORIZING INSTALLATION OF
“NO PARKING” RESTRICTIONS ALONG THE NORTH SIDE OF
26TH STREET FOR THE 100 FEET WEST OF 25 ½ STREET.
WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and
has determined that it is in the best interest of the City to install parking restrictions at this
location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Director of Public Works is hereby authorized to install “No Parking” restrictions on
the north side of 26th Street for a distance of 100 feet west of the intersection of 25 ½
Street and 26th Street.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 6a - CSM Lodging Serv - Liq License
Page 1
6a. Public Hearing to consider granting an on-sale intoxicating and Sunday sale
liquor license to CSM Lodging Services, Inc., DBA Holiday Inn Minneapolis
West at 9970 Wayzata Blvd, St. Louis Park MN
Recommended
Action:
Mayor to close the public hearing. Motion to approve an on-sale
intoxicating and Sunday sale liquor license effective Aug 2, 2004
Background:
Holiday Inn Minneapolis West has operated as a hotel in St. Louis Park for many years and, as is
typical with many hotels, the license for sale of liquor is not held by Holiday Inn, but by the
management company responsible for business operations at the hotel. The current license is
held by Boykin Management Company. A transfer of all management operations to CSM
Lodging Services is occuring on Aug 2, 2004. This transfer is treated under MN statutes and our
ordinances as an entirely new license.
The Police Department has conducted an investigation of CSM Lodging Services, its officers and
the Store Manager, Ms Jennifer Glover. Staff recommends approval of the application.
Prepared By: Cynthia Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 1
6b. Public Hearing on Alley Improvement Project and Assessment Hearing: Alley
Construction – 4200 block of Ottawa Avenue, Project No. 04-16
This report considers the construction of an alley in the 4200 block of Ottawa
Avenue.
Recommended
Action:
Mayor to open and close Public Hearing on the Improvement
Project:
• Motion to adopt the attached Resolution ordering the
construction of a concrete alley in the 4200 block of Ottawa
Avenue, Project No. 04-16, approving plans and
specifications and authorizing receipt of bids.
Mayor to open and close Assessment Hearing:
• Motion to adopt the attached resolution establishing the
assessment for Project No. 04-16.
Background: At its June 21, 2004 meeting, the City Council approved the City Engineer’s
Report for construction of a concrete alley in the 4200 block of Ottawa Avenue, and scheduled a
Public Hearing/Assessment Hearing for July 19, 2004.
The City’s assessment policy (Res. #00-078) for funding alley improvements requires abutting
property owners to pay 100% of the improvement costs. A petition for this work, signed by 62%
of the benefited property owners, was submitted to the City in October, 2003. Staff held a public
meeting on April 14th that was attended by about 20 of the surrounding property owners. Staff
reviewed the proposed construction, assessment costs and construction schedule. The property
owners who attended the meeting had comments both for and against the project and
assessments. The purpose of holding the assessment hearing prior to implementation of the
project is to allow the City to consider any objections to the assessment or the project before it is
built.
General background information on the alley project is summarized below:
Location: 4200 block of Ottawa Avenue, behind homes at 4201, 4205, 4211, 4215,
4219, 4225, 4229 and 4233.
Proposed Project: Construct concrete alley where no previous alley exists.
Assessment Data: 100% of the cost for the concrete alley construction is proposed to be
assessed to the abutting property owners. The costs will be apportioned in
accordance with the City’s special assessment policy with direct and
indirect benefits. Since City property abuts one entire side of the alley, the
City’s funding obligation will be 50% of the total project cost.
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 2
Estimated Cost:
Estimated cost: $68,000 Total Assessment: $34,000
Number of parcels: 8
Assessment Period: 20 years Interest rate: 6.60%
Notification: Abutting property owners have received written notice of the public hearing and
assessment hearing. A separate letter was sent to the larger neighborhood, including adjacent
Edina residents, informing them of the public hearing.
Alley Improvement Project Timetable: If the Council moves forward with this project, it is
anticipated that the following timeline could be met:
• Public Hearing & Assessment Hearing July 19 2004
• Advertise for bids July/August
• End of 30 Day Appeal on Assessments August 18, 2004
• Bid Opening August 19, 2004
• Bid Tab Report to Council, Council can award the bid and order
the project or delay the project if there are any assessment
appeals
September 7, 2004
• Construction September - October
Total construction time should be about 4 weeks.
Recommendation: Staff recommends proceeding with this project as outlined above and in the
earlier City Engineer’s Report dated June 21, 2004 (see attached).
Attachments: Resolution (Order Project & Authorize Advertisement for Bids)
Resolution (Adopt Assessment Improvement)
Assessment Spread Sheet
Map
City Engineer’s Report of 6/21/04
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Maria A. Hagen, City Engineer
Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 3
RESOLUTION NO. 04-082
RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT
PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE
4200 BLOCK OF OTTAWA AVENUE, PROJECT NO. 04-16,
AND APPROVING PLANS AND SPECIFICATIONS &
AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME
WHEREAS, pursuant to a resolution passed by the City Council of the City of St.
Louis Park on the 21th day of June, 2004, the City Engineer has prepared plans and specifications
for the construction of a concrete alley in the 4200 block of Ottawa and has presented such plans
and specifications to the City Council for approval;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. Such improvement is necessary, cost effective, and feasible as detailed in the City
Engineer’s Report.
2. The proposed project is hereby established and ordered.
3. The plans and specifications for the making of the improvement, as prepared under the
direction of the City Engineer, are approved.
4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and at least one week in the Construction Bulletin, an advertisement for bids
for the making of said improvement under said-approved plans and specifications. The
advertisement shall appear not less than ten (10) days prior to the date and time of receipt
of bids, and specify the work to be done, state the date and time bids will be received by
the City Clerk, and that no bids will be considered unless sealed and filed with the City
Clerk and accompanied by a bid bond payable to the City for five (5) percent of the
amount of the bid.
5. The bids shall be tabulated by the City Engineer who shall report her tabulation and
recommendation to the City Council at the September 7, 2004 regular City Council
meeting.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 4
City Clerk
RESOLUTION NO. 04-083
RESOLUTION ADOPTING ASSESSMENT
IMPROVEMENT NO. 04-16,
ALLEY PAVING IN THE 4200 BLOCK OF OTTAWA AVENUE
BE IT RESOLVED by the City Council of the City of St. Louis Park as follows:
1. Notice of hearing on this improvement was duly mailed on July 8, 2004 and published in
the official City newspaper, the St. Louis Park Sailor, on July 8, 2004 and July 15, 2004 as
required by Minnesota Statutes, Chapter 429.
2. A public hearing having been held on this date and opportunity having been given at the
hearing to all persons to make known their objections to the proposed assessment, and the
Council being fully advised of the pertinent facts, the proposed assessment as it deems just is
adopted and shall constitute the special assessment levied against the respective lands therein
described, and each tract of land is found to be specifically benefited by the improvements in the
amount of assessment levied against it.
3. The assessment shall be payable, unless prepaid, in equal annual installments extending
over the period of 20 years. The first installment shall be payable concurrently with general taxes
levied in the year 2004, and payable in the year 2005, and shall bear interest at the rate of 6.60
percent per annum. To the first installment shall be added interest on the entire assessment from
November 1, 2004, until December 31, 2004, the year in which the assessment will be levied.
For subsequent installments, interest shall be added for one year on the total of all unpaid
installments. No interest will be charged as to any parcel if the entire assessment is paid at the
Office of the Treasurer within 30 days from the date of adoption of the assessment resolution.
4. The location of the construction improvement over which installments are to be extended
for a period of 20 years is as follows:
Improvement # Type of Improvement Location
04-16 Alley Construction 4200 block of Ottawa Avenue behind
homes at 4201, 4205, 4211, 4215, 4219
4225, 4229 and 4233
5. The Assessor’s Office shall transmit a certified copy of this assessment to the county
auditor to be extended on the proper tax lists of the county, and such assessments shall be
collected and paid over in the same manner as other municipal taxes.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 5
Estimated Cost: $68,000
70% Direct Benefit
30% Indirect Benefit
(A) Direct Benefit: 240 total footage and $99.17 per front foot
(B) Indirect Benefit: 390 total footage and $26.15 per front foot.
total $34,000.00
direct $23,800.00
indirect $10,200.00
********* Indirect ******************** Direct **********Total
Indirect Direct Direct &
Address Ind feet % Indirect Allocation Dir feet % Direct Allocation Indirect
4201 Ottawa Ave. S.58 14.87 $1,517 0 0.00 $0 $1,517
4205 Ottawa Ave. S.52 13.33 $1,360 0 0.00 $0 $1,360
4211 Ottawa Ave. S.40 10.26 $1,046 0 0.00 $0 $1,046
4215 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013
4219 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013
4225 Ottawa Ave. S.60 15.38 $1,569 60 25.00 $5,950 $7,519
4229 Ottawa Ave. S.60 15.38 $1,569 60 25.00 $5,950 $7,519
4233 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013
Subtotal 390 100 10,200 240 100 $23,800 $34,000
City Property Share $34,000
Total $68,000
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 6
42ND ST W
OTTAWA AVE S4201
4205
4211
4215
4219
4225
4229
4233 Proposed Alley.42nd St. and Ottawa Avenue Alley Project
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 7
****REPORT FROM MEETING OF JUNE 21, 2004****
8b. Construction of an Alley at 42 St. W and Ottawa Ave
Recommended
Action:
Motion to adopt the attached resolution that accepts the report,
establishes the Improvement Project, and sets a Public Hearing
and Assessment Hearing date of July 19, 2004.
Background: In the Fall of 2003, residents of 5 homes on the east side of the 4200 block
of Ottawa Avenue submitted a petition to the City requesting that an alley be constructed
behind their homes in accordance with the City’s standard for alleys. The proposed alley
will run behind 8 homes on Ottawa Avenue starting at 42nd Street then south. The
petition was signed by enough property owners (62%) to advance the project. The City’s
policy states that at least 51% of the properties must sign the initial petition. Council
accepted the petition at its November 3, 2003 meeting and directed staff to prepare
preliminary plans and study the feasibility of the project.
The west side of the proposed alley will abut the rear property of the homes on Ottawa
Avenue while the east side will abut city property. This is a unique situation where no
previous alley exists nor has right-of-way been reserved for an alley. Instead the alley
will be constructed on the vacant city land behind these homes. As with similar projects
in the past where the alley abuts City property or a railroad, the city pays for the costs
associated with that portion of land. In this case, the city would be responsible for 50%
of the entire cost of the alley.
Public Involvement Process: A neighborhood meeting was held on April 14, 2004 to
provide information on the possible construction. The meeting attracted about 20 of the
surrounding property owners. Staff presented an overview of the project and then talked
about the special assessment process along with the associated costs to the benefiting
properties. An open question and answer forum followed. Staff recorded the comments
and the property owners also provided staff with written comments. Feedback was mixed
with property owners who were both in favor of the project and those who were opposed.
Staff provided Council a written summary of the meeting including the property owner’s
comments. Staff then arranged a Council Study Session to seek input and direction from
the Council on the petition. The property owners were invited to attend the May study
session. Council felt that this was an appropriate use of city property and agreed to
consider that since city property will abut one side of the alley, the city should be
responsible for 50% of the costs of construction. Council also directed staff to examine
the benefit split between indirect and direct benefit. Since this project is for construction
of an alley, where no previous gravel alley existed, Council thought there could be some
consideration given to reducing the indirect benefit, since such things as dust, mud and
noise are not reduced from the previous condition. However, Council did feel that
benefit was gained by having fewer cars on the street thereby allowing for better snow
removal.
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 8
Analysis: The City’s standard design for alley construction includes six (6)-inch thick
concrete pavement, 10 feet in width. In addition to this, 12 inches of lightweight crushed
gravel will be placed beneath the concrete for soils correction. Private driveways and
apron connections to the alley will be the responsibility of the property owner. Pavement
grades will be established to provide positive drainage without requiring additional storm
sewer construction.
City Alley Paving Special Assessment Policy:
The City’s Alley Paving Special Assessment Policy is as follows:
A. The cost of alley improvements for residential properties shall be assessed when at
least 51 percent (alley front feet) of the property owners petition for the
improvement:
1. Thirty (30) percent of the cost of the improvement shall be assessed against all
properties abutting the alley. (INDIRECT BENEFIT)
2. Seventy (70) percent of the cost of the improvement shall be assessed against
directly benefited properties. (DIRECT BENEFIT)
B. A property is directly benefited if it has an existing garage with direct access to the
alley, if an access to the alley could be constructed from an existing garage, or if, no
garage exists, there is sufficient area on the lot to build a garage with access to the
alley.
C. Commercial and multi-family property owners shall be assessed 100 percent of the
cost of the improvement.
D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years.
Financial Considerations: The City’s Policy for funding alley improvements requires
the abutting property owners to pay 100% of the improvement costs. The Policy also
provides for the assessments to be levied as direct and indirect benefits based upon
abutting frontage. To assist the petition sponsor, City staff provides the petition forms
and a rough estimate of the alley construction cost before the sponsor begins to gather
signatures. Based on the preliminary plans prepared by staff, the estimated cost is
approximately $68,000. A summary of the estimated costs and revenue sources is as
follows:
Estimated Costs:
Construction Costs $ 49,650
Engineering & Administrative (12%) $ 5,950
Contingencies (25% for soil corrections) $ 12,400
TOTAL $ 68,000
Revenue Sources:
Special Assessments $ 34,000
Permanent Imp. Revolving Fund $ 34,000
TOTAL $ 68,000
Based on the total costs, an estimate of the assessment amount for each property is shown
on the attached spreadsheet. The spreadsheet has four alternatives where the
St. Louis Park City Council Meeting
Item: 071904 - 6b - Ottawa Alley Public Hearing
Page 9
direct/indirect benefit percentages change between 70/30 and 85/15. These alternatives
are shown in the last four columns of the spreadsheet. Staff recommends following the
City’s policy on alley paving, where the direct benefit is 70% and the indirect benefit is
30%, because they do not feel that there are enough mitigating circumstances to warrant
changing the percentages.
The City will pay 50% of the cost to construct the alley or $34,000. Public Works does
not have a budget set for this project in the 2004 CIP since the petition came late in 2003.
Staff recommends using the Permanent Improvement Revolving Fund to fund this
project. There are adequate funds available to cover the city’s share of the costs.
Alley Improvement Project Timetable:
Should the City Council approve the City Engineer’s Report, it is anticipated that the
following schedule could be met:
• City Engineer’s Report to City Council June 21, 2004
• City Council holds Public Hearing & Assessment Hearing July 19, 2004
• Advertise for bids Late July, Early August
• Bid Opening August 19, 2004
• End of 30 Day Appeal on Assessments August 19, 2004
• Bid Tab Report to Council, Council can award the bid and
order the project or delay the project if there are any
assessment appeals
September 7, 2004
• Construction October, 2004
Feasibility: The project, as proposed herein, is cost-effective and feasible under the
conditions noted and at the costs estimated.
St. Louis Park City Council Meeting
Item: 071904 - 8a - Water Feasibility Report
Page 1
8a. Water Feasibility Report: Water Treatment Plant Filter Rehabilitation Project–
Project No. 20041300
This report considers water treatment plant rehabilitation to address water quality
through the enhancement of the iron removal system and the installation of radium
removal equipment.
Recommended
Action:
Motion to adopt the attached resolution accepting this report,
establishing and ordering Improvement Project No. 20041300,
approving plans and specifications, and authorizing
advertisement for bids.
Background: At the June 14 Study Session staff reviewed with Council the need for filter
rehabilitation at all six city Water Treatment Plants (WTP’s) along with radium contamination
issues and possible solutions. In summary, the Howard R. Green Company was hired in 2003 to
conduct a study on the radium levels and gross alpha emitters in the City’s drinking water,
evaluate our water treatment processes, and provide options for filter and treatment upgrades.
Phase I of the study included testing and analysis of the treatment facilities to determine the
extent of radium, radon and gross alpha emitters in the City’s water system and provide
recommendations for improvements to the water treatment facilities to reduce these
contaminants to acceptable levels. As a result, it was determined, in addition to the planned filter
rehabilitations at all six WTP’s, that WTP’s #1, #4, #6, and #10 would also require
improvements to their filtration processes to lower the levels of radium, radon and gross alpha
emitter contaminants.
Analysis: It appears that removal of radium, radon, and gross alpha emitter contaminants is
directly related to iron removal. As detailed in the Study Session report, the treatment options
identified provide for increased iron and radium removal effectiveness versus cost. The staff
recommended option attempts to balance effectiveness of iron and radium removal against cost.
Thus, the staff recommended improvements at WTP’s #1, #4, #6, and #10 include replacement
of the filter media, additional chemical feed (for iron and radium removal), and installation of an
air scouring system. Staff recommended improvements at WTP’s #8 and #16 include
replacement of the filter media, additional chemical feed (just for iron removal), and installation
of an air scouring system.
The filter media is the original media and has exceeded its normal life expectancy. We
recommend it be replaced with a treated media that will improve the efficiency of the filtration
process. We are also recommending installation of an air scouring system which will provide a
more effective backwash of the filter media.
The addition of a special chemical treatment process using hydrous manganous oxide (HMO)
will reduce radium to acceptable levels. HMO is a special treatment using a combination of
potassium permanganate (KMNO4) and manganese sulfate (MNSO4) injected into the water
during the filtration process. This causes the radium in the water to “stick” to the iron which is
St. Louis Park City Council Meeting
Item: 071904 - 8a - Water Feasibility Report
Page 2
then more effectively removed from the water. Where radium removal is not necessary, the
normal KMNO4 treatment is planned.
Project Description: Staff has combined two previously programmed water utility projects
(#20041300 – WTP Filter Rehabilitation and #20051200 – WTP Radium Removal Equipment)
in the Capital Improvement Program (CIP) into one project - #20041300 – WTP Filter
Rehabilitation which provides for filter rehabilitation and treatment revisions at each of the
City’s six WTP’s. At this time staff is proposing that the improvements described above for
WTP #10 be bid and constructed in one contract as requested herein. This proposed contract will
complete all necessary filter rehabilitation work at WTP # 10.
Staff proposes the other WTP filter rehabilitation improvements identified and described above
be done in the near future under separate contracts following the same development and approval
process as this. Staff expects to complete filter rehabilitation work on all WTP’s by 2006 to
2007.
Financial Considerations
WTP #10 Contract Costs
WTP #10 Contract Funding
Water Utility Fund $411,400
Project Timeline: Should the City Council approve the project, it is anticipated that the
following schedule for the WTP #10 contract improvements could be met:
• Approval of Plans/Authorization to Bid by City Council July 19, 2004
• Advertise for bids July 29-August 13, 2004
• Bid Opening August 24, 2004
• Bid Tab Report to City Council; Award contract September 7, 2004
• Construction October – November, 2004
Attachments: Resolution
Prepared by: Scott Anderson, Superintendent of Utilities
Reviewed By: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
Construction (includes 10% contingency) $ 374,000
Engineering $ 37,400
TOTAL $ 411,400
St. Louis Park City Council Meeting
Item: 071904 - 8a - Water Feasibility Report
Page 3
RESOLUTION NO. 04-084
RESOLUTION ACCEPTING THE WATER FEASIBILITY REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 20041300,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 20041300
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Director of Public Works related to water treatment plant rehabilitation and the installation of radium
removal equipment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Water Feasibility Report regarding water treatment plant rehabilitation and the
installation of radium removal equipment is hereby accepted.
2. The proposed project, designated as Project No. 20041300, is hereby established.
3. The plans and specifications for the making of the improvement, as prepared under the
direction of the Director of Public Works, are approved.
4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of said
improvement under said-approved plans and specifications. The advertisement shall appear
not less than ten (10) days prior to the date and time bids will be received by the City Clerk,
and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
5. The bids shall be tabulated by the Director of Public Works who shall report his tabulation
and recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council July 19, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 071904 - 8b - Vacation Biltmore 2nd reading
Page 1
8b. Request by Charles Stinson to vacate a utility easement at 2545 Huntington
Avenue South.
Case Nos. 04-13-VAC
2545 Huntington Ave S
Recommended
Action:
Motion to approve 2nd reading of an Ordinance to vacate a
utility easement at 2545 Huntington Ave South as requested by
Biltmore Land Group, adopt ordinance, approve summary and
authorization publication.
Background:
The developer is requesting to vacate an existing utility easement (Doc # 241965) that
runs north/south through the center of the existing parcel. As part of the recently
approved plat, this easement would be replaced with new drainage and utility easements
along the new lot lines. There are no utilities located within the existing easement. The
Public Works Department has reviewed the request and has stated that it is acceptable.
The Planning Commission reviewed the request on April 7, 2004, and recommended
approval. On June 21, 2004, the City Council approved first reading of an Ordinance to
vacate the utility easement.
Attachments:
• Proposed ordinance vacating street and utility easement
• Petition to vacate easement (supplement)
• Survey (supplement)
Prepared By: Julie Grove, Associate Planner,
Approved By: Tom Harmening, City Manager
SITE PHOTO:
26TH ST W FRANCE AVE25TH ST W 25TH ST W
CEDAR SHORES DR
JOPPA AVE SINGLEWOOD AVE SHUNTINGTON AVE SST PL2545
St. Louis Park City Council Meeting
Item: 071904 - 8b - Vacation Biltmore 2nd reading
Page 2
ORDINANCE NO. 2274-04
AN ORDINANCE VACATING UTILITY EASEMENT
2545 HUNTINGTON AVENUE SOUTH
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all
property abutting upon both sides of the utility easement proposed to be vacated has been filed.
The notice of said petition has been published, in the St. Louis Park Sailor, on April 22, 2004, and
the City Council has conducted a public hearing upon said petition and has determined that the
utility easement is not needed for public purposes, and that it is for the best interest of the public
that said utility easement be vacated.
Section 2. The following described street and utility easement, as now dedicated
and laid out within the corporate limits of the City of St. Louis Park, is vacated:
Rear 5 feet of Lots 4, 5, 6 & 7, Block 6, “Basswood”, Hennepin County, Minnesota
Section 3. The City Clerk is instructed to record certified copies of this ordinance in
the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council July 6, 2004
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 071904 - 8b - Vacation Biltmore 2nd reading
Page 3
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE VACATING UTILITY EASEMNET
AT 2545 HUNTINGTON AVENUE SOUTH
This ordinance states that a utility easement shall be vacated for property located at 2545
Huntington Avenue South. .
This ordinance shall take effect 15 days after publication.
Adopted by the City Council July 6, 2004
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 15, 2004