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Home My WebLink About2001/05/21 - ADMIN - Agenda Packets - City Council - Regular 1 7:00 p.m. – Special Meeting: Board and Commission Discussion 2nd Floor North 1 Conf. Rm 7:20 p.m. - Economic Development Authority AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 21, 2001 7:30 p.m. 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Human Rights Essay presentation This presentation will congratulate the contest winner, Shalisa Wilson, and recognize the three others who participated in the contest. 3. Approval of Minutes a. City Council Minutes of May 7, 2001 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Items 1. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Tom Lehman Charities for the Dayton’s Challenge Golf Tournament to be held June 2- 4 at the Minneapolis Golf Club, 2001 Flag Ave S, St. Louis Park. 2 2. Motion to approve second reading of an ordinance which amends Ordinance No. 2154-00 relating to the sale of certain City owned property located at 4326 Cedar Lake Road, adopt ordinance, approve summary and authorize publication; and, Motion to authorize the Mayor and City Manager to execute an Amendment to Real Estate Purchase Agreement between the City of St. Louis Park and the Jewish Community Center to adjust the sale price for the subject property. 3. Motion to approve Second Reading of proposed zoning ordinance amendment for Section 14: 4-11 regarding restrictions for tree removal and standards for replacement and section 14: 3-1 definitions, adopt summary ordinance and authorize publication; and, Motion to adopt a resolution establishing a fee of $90 per caliper inch for cash-in- lieu of trees. Case number: 01-16-ZA 4. Motion to Vending Machine License and Various Temporary Use Permits; approve the summary, and authorize summary publication; and Motion to adopt the accompanying resolution setting fees for those licenses and permits 5. Bid Tabulation: Motion to designate (TBD – See report) as the lowest responsible bidder, and authorize execution of a contract for the 2001 removal and replacement of the four tennis courts at Aquila Park in an amount not to exceed $ (TBD) for Capital Improvement Project – Removal and Replacement of four Tennis Courts at Aquila Park 6. Bid Tabulation: Motion to designate F. F. Jedlicki, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $60,044.00 for stormwater improvement project at 8911 Westmoreland Lane – Area No. 3 – City Project No. 01-13 7. Bid Tabulation: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder for conventional and driveway bituminous mixture No. 2340, and Midwest Asphalt the lowest responsible bidder for bituminous cold patch material and authorize execution of contracts with the firms in the amount of $58,250.00 and $4,900.00, respectively. 8. Motion to adopt the attached Resolution to enter into an Agreement with Hennepin County for the installation of a traffic signal system at the intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue 9. Motion to accept the following reports for filing: a. Planning Commission Minutes of May 2, 2001 b. Housing Authority Minutes of April 11, 2001 3 c. Police Civil Service Commission minutes from May 15 to December 21, 2000 d. Fire Civil Service Commission Minutes from March 15 to December 21, 2000 e. Vendor Claims f. Human Rights Commission Minutes of April 18, 2001 Action: Motion to approve Consent Items 5. Public Hearings 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 7a. Public Safety Dispatch Contract for 1/1/01 – 12/31/01 A one year Labor Agreement between our Public Safety Dispatch LELS Local #220 and the City for 1/1/01 through 12/31/01. Recommended Action: Motion to adopt the resolution approving a Labor Agreement between the City and Law Enforcement Labor Service Inc., Local #220 Public Safety Dispatch, establishing terms and conditions of employment for the duration of 1/1/01 – 12/31/01. 7b. Request by Sholom Community Alliance for preliminary and final plat and PUD approval for Assisted Living Building with Alzheimer’s Pavilion Case Nos. 01-07-S and 01-18-PUD 3610 Phillips Parkway Recommended Action: Motion to adopt a resolution approving the preliminary and final plat and preliminary and final PUD for Sholom Community Alliance, subject to the conditions included in the resolution. 7c. Approve Sholom Community Alliance Private Activity Revenue Bonds This is the final approval needed for Sholom Commuity Alliance to issue up to $19,000,000 of Private Activity Revenue Bonds. Recommended Action: Motion to approve resolution allowing Sholom Community Alliance to issue up to $19,000,000 in Private Activity Revenue Bonds and approve all documents in connection with the bond issue. 8. Boards and Committees a. Appointments to Boards and Commissions 4 9. Communications 10. Adjournment 5 Item # 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 7, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:36 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Susan Santa, Robert Young, Ron Latz, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Director of community Development (Mr. Harmening); Planning & Zoning Supervisor (Ms. Jeremiah); Inspections Director (Mr. Hoffman); Police Chief (Mr. Luse); City Clerk (Ms. Reichert). 2. Presentations a. 3RD District Nurses Proclamation Mayor Jacobs presented a proclamation declaring May 10th to be 3rd District Nurses Day. Leah Ann Lindeman, a Registered Nurse associated with the 3rd District Nurses was present to accept the award on their behalf. b. Thank you to Police Civil Service Commission Mayor Jacobs presented a proclamation honoring the Police Civil Service commission and its members. Certificates of appreciation were also given to Linda Trummer, Bryan Leary and Jim Lanenberg for recent service to the commission. 3. Approval of Minutes a. City Council Minutes of April 16, 2001 – Approved with correction to page 7 from Councilmember Nelson as follows: “Councilmember Nelson asked if three bidders was low or high for a taxable issue. Mr. Ehlers responded that he was surprised that there were only three bidders, but did not have an explanation as to why that was. Councilmember Nelson was concerned that there were only two bidders on the tax exempt issue. Mr. Ehlers did not have an explanation as to why there were only two bidders. Mr. Ehlers did, however, feel that the price received was good.” b. Study Session Minutes of April 9, 2001 – Approved as presented 6 c. Study Session Minutes of April 23, 2001 – Approved as presented 4. Approval of Agenda and Consent Items a. Council was informed that consent item #7 had been removed from the agenda and would not be considered at this time. Motion to approve the agenda with that change was made by Councilmember Latz and seconded by Councilmember Nelson. Motion passed unanimously. c. Motion to approve consent items was made by Councilmember Santa and seconded by Councilmember Latz. Motion passed unanimously. The consent items approved are as follows 1. Accept the following reports for filing: a. Human Rights Commission Minutes of March 21, 2001 b. Parks and Recreation Advisory Commission Minutes of February 22, 2001 c. Planning Commission Minutes of April 18, 2001 d. Planning Commission Minutes of April 4, 2001 e. Vendor Claims 2. Designate Kevitt Excavating, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $345,245.00 for Park Commons demolition/site restoration – City Project No. 01-15 3. Designate Midwest Asphalt Corporation the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $386,057.60 for W. 16th Street/Zarthan Avenue – grading, base, storm sewer, curb and gutter, and bituminous paving – City Project Nos. 00-15, 00-16, & 01-12 4. Designate Allied Blacktop the lowest responsible bidder for the construction of bituminous sealcoating and to authorize execution of a contract with the firm in the amount of $68,260.65. 5. Adopt the Resolution No. 01-036 authorizing installation of permit parking in front of 3624 Rhode Island Avenue South - Traffic Study No. 556 6. Adopt the Resolution No. 01-037 authorizing the restriction of parking along the West side of Louisiana Avenue from a point 360 feet North of W. 28th Street to a point 280 feet South of W. 28th Street - Traffic Study No. 557 7. Approve extension of Frauenshuh’s Final PUD and Final Plat consideration until August 31, 2001 – Case No. 99-19-PUD 5. Public Hearings 5a. Public Hearing to consider a wine and beer license for Thando, Inc., DBA Thando Restaurant at 3005 Utah Ave S, St. Louis Park 7 City Clerk, Ms. Reichert gave a brief staff report stating that the applicants materials were in order and approval of the license was recommended. Mayor Jacobs opened the public hearing. With no one wishing to speak, public hearing closed. Motion to approve the license made by Councilmember Santa, seconded by Councilmember Sanger. Motion passed unanimously. 5b. Public Hearing to Consider Sale of City Property located south of the Jewish Community Center at 4326 Cedar Lake Road Mr. Harmening delivered a brief background of the issue and stated that the only change being considered was a change in the purchase price of the property. Mayor Jacobs opened the public hearing. With no one wishing to speak, public hearing closed. Councilmember Sanger asked if all other provisions of the original ordinance would remain in effect. Mr. Harmening stated that that was true. Councilmember Nelson stated that he would not be in support of additional extensions to the agreement. Councilmember Latz stated that he was comfortable with the revised purchase price based on the appraisal and condition of the property. Motion to adopt first reading of an ordinance amending Ordinance No. 2154-00 relating to the sale price of the City’s property to the Jewish Community Center made by Councilmember Sanger, seconded by Councilmember Latz. Motion passed unanimously. 5c. Public Hearing – Sholom Community Alliance Private Activity Revenue Bonds Mr. Bubul representing the City’s Bond Counsel was present at the meeting. Mayor Jacobs opened the public hearing. Mr. Bruce Kahn, CEO of Sholom Community Alliance thanked the council for their support and expressed his enthusiasm for the project. Mayor Jacobs closed the public hearing. Councilmember Nelson questioned the revenue source for repayment of the bonds. Mr. Bubul responded that the revenue source would be the rental revenues by the residents of the project along with a mortgage of the bond holder. No revenues of the city are to be pledged or payable on the bonds. Mayor Jacobs closed the public hearing. 6. Requests, Petitions, and Communications from the Public - None 7. Resolutions, Ordinances, Motions 7a. Request by Project for Pride in Living (PPL) and Perspectives, Inc. for a 8 major amendment to the Final Planned Unit Development for certain Louisiana Court apartments to change the number of units, expand the PUD area to include two additional existing buildings, and modify the site plan. Case No. 01-15-PUD. 2704-2768 Louisiana Court and 2740-2750 Louisiana Avenue. Resolution No. 01-038 Ms. Jeremiah gave a staff report stating that the remaining two buildings on the site are now being purchased by Perspectives and the amendment being considered would include those two buildings in the project. Changes are also being made to the number of units in the project. PPL has agreed to make changes to accommodate a transit stop at the corner of 28th and Louisiana. Since the plans are not yet available, staff asked for authorization from the council to approve those plans administratively. Staff and Planning commission are recommending approval of the resolution subject to provisions contained therein. Councilmember Sanger questioned the underlying assumption that a bus turnout was needed. Ms. Jeremiah responded that with planned changes to Louisiana Avenue South, the parking lane on the west side would be eliminated. The parking lane will instead be the only through lane. Since buses would no longer be able to pull into a parking lane, they would instead have to stop in the only through lane of traffic remaining. This would create a hazard if cars attempted to pull around the bus by entering the left turn only lane. Councilmember Sanger disagreed with the assumption that this would be a safety hazard and did not see the difference between buses stopping on Louisiana vs. buses stopping on Minnetonka Blvd. She suggested moving the bus stop further to the north. Mr. Harmening said that other options had been considered, but that traffic engineers, community development staff and PPL had not found other alternatives to be acceptable. He also stated that the Public Works Department had strongly recommended that the bus pull-out be created. Councilmember Latz pointed out that most of Minnetonka Blvd has a wide parking lane or shoulder and that buses could use this area for stopping. Cars could pull around buses more safely on Minnetonka Blvd due to the existence of this extra space which would not be available on Louisiana. He further stated that the original intent of the changes to traffic lane configuration on Lousiana was to provide for unimpeded southbound traffic. He did not feel placing a heavily used bus stop on the only through lane was consistent with that intent. Councilmember Nelson agreed with Councilmember Latz’s comments and went on to say that the compromise solution that had been reached on Louisiana Avenue was intended to ease traffic problems that have caused 120 crashes in the last 5 years, 1/3 of which had involved personal injury. He asked when those changes would be complete and also asked how much time must elapse before evaluation of the success of those changes would occur. He felt the bus turnout out was necessary to accomplish a safer traffic environment on Louisiana. Mr. Meyer stated that the changes were imminent and should be completed very soon. 9 Councilmember Sanger stated that she did not understand why the situation on Louisiana was any different than the situation on Minnetonka Blvd. Councilmember Sanger did not feel that the expenditure of funds to create the pullout was warranted in this situation. Councilmember Santa felt that the bus pullout was the best way to handle the mix of buses stopping, cars going straight and cars turning in the same location. Mayor Jacobs that the plan as presented would allow buses to get out of the way of through traffic and that was necessary to allow for a smooth flow of traffic. Motion to approve Resolution No. 01-038 major amendment to the Final PUD for Louisiana Court apartments, subject to conditions as recommended by staff and the Planning Commission made by Councilmember Latz, seconded by Councilmember Santa. Motion passed 6-1 with Councilmember Sanger opposed. Councilmember Sanger stated that she voted against the amendment based on her strong feelings about the bus stop, but was in support of other changes proposed. 7b. Zoning Ordinance amendment of Section 14: 4-11 Restrictions for Tree Removal and Standards for Replacement and Section 14: 3-1 Definitions Case number: 01-16-ZA Ms. Jeremiah introduced the proposed ordinance amendment. Adjustments are being proposed to provide incentives to leave existing trees on property being developed, to codify the cash-in- lieu provision, to alter replacement ratios in the tree replacement formula and other minor modifications to the ordinance. Councilmember Sanger stated that she was in support of some of the provisions, but not in support of the proposed change to the formula used to determine tree replacement. She believed that developers should do more careful planning to retain existing trees on sites to be developed rather than replace trees after the older, original trees had been removed. Mr. Harmening responded that staff had attempted to follow the intent of council direction following the study session where this ordinance had been discussed. He stated that staff would be willing to further modify the ordinance if council directed them to do so. Mayor Jacobs recalled that the council direction from the study session had been to loosen the requirements for tree replacement somewhat, but agreed that the direction given to staff had been somewhat general. He saw the proposed modifications to the ordinance as an incentive to developers to retain more trees. Ms. Jeremiah stated that the proposed revisions would give developers a break if they retained 20% of the existing trees on the site. If, however, a developer were to remove 100% of the trees, they would have to replace those trees at 120%. When the proposed changes were looked at as a whole, the cumulative effect is to replace trees or provide for cash-in-lieu at a higher ratio than the previous ordinance. 10 Councilmember Brimeyer stated that he also felt the new ordinance provided strong incentives for retaining existing trees. Councilmember Santa asked for clarification about caliper inches vs. number of trees replaced. Councilmember Latz expressed concern that the full effect of tree replacement would not be seen until many years in the future as the trees grow. He did, however feel that the ordinance presented a measured approach and brought St. Louis Park into line with other communities in our region. He felt that the overwhelming source of depletion of trees in St. Louis Park was not a result of commercial development, but rather, a result of loss of trees on residential lots. He felt that incentives should be provided to resident homeowners to allow mature trees to remain on their property. Councilmember Nelson asked if the tree replacement affected trees lost by damage to their roots or subsequent to planting. Ms. Jeremiah stated that the ordinance does allow for tree replacement after completion of construction. Motion to approve First Reading of proposed zoning ordinance amendments and set Second Reading for May 21, 2001 made by Councilmember Brimeyer, seconded by Councilmember Young. Councilmember Sanger asked that a friendly motion to remove the provisions dealing with modifications to the tree replacement formula be considered. Councilmember Brimeyer felt that the ordinance as presented was well-balanced and provided for a satisfactory end result. He therefore did not accept the friendly motion. Original motion passed unanimously. Motion directing staff to prepare a resolution for consideration on May 21, 2001 establishing a fee of $90 per caliper inch for cash-in-lieu of trees made by Councilmember Brimeyer, seconded by Councilmember Young. Motion passed unanimously. 7c. Request by Ugorets Properties LLC. for Final Plat for Ugorets Addition. Case No. 01-05-S. 2230 State Hwy 100 South. Resolution No. 01-039 Ms. Jeremiah gave a brief presentation and informed Council that with the proposed changes a variance was no longer needed. She also stated that staff and the Planning Commission recommended approval of the plan. Motion to adopt Resolution No. 01-039 approving final plat, subject to conditions in the resolution as recommended by the Planning Commission and staff made by Councilmember Sanger, seconded by Councilmember Brimeyer. 7d. First Reading of an Ordinance Amending City Code Chapter 16: Establishing a Food Vending Machine License and Various Temporary Use Permits Mr. Hoffman gave a brief overview of proposed revisions to the licensing ordinance. 11 Motion to adopt first reading of an ordinance that establishes a Food Vending Machine License and various Temporary Use Permits and set second reading for May 21, 2001 made by Councilmember Latz, seconded by Councilmember Brimeyer. Motion passed unanimously. . 8. Boards and Committees – No appointments 9. Communications From the Mayor: Mayor Jacobs asked Council for their availability on Tuesday, May 29th. A decision will be made at a later date as to whether the meeting will be held that evening. From the Manager: Mr. Meyer commented on the success of the recently held Youth Summit. 10. Adjournment Meeting adjourned 7:52 p.m. City Clerk Mayor 12 City of St. Louis Park City Council Agenda Item # 7a Meeting of May 21, 2001 7a. Public Safety Dispatch Contract for 1/1/01 – 12/31/01 A one year Labor Agreement between our Public Safety Dispatch LELS Local #220 and the City for 1/1/01 through 12/31/01. Recommended Action: Motion to adopt the resolution approving a Labor Agreement between the City and Law Enforcement Labor Service Inc., Local #220 Public Safety Dispatch, establishing terms and conditions of employment for the duration of 1/1/01 – 12/31/01. Background: Negotiations with our Public Safety Dispatch Union began 7 months ago in October 2000. This group of 10 employees is the last group to settle for 2001. During the negotiation process, the City offered a variety of options including a one, two or three year package. The settlement of this contract, which was reached in mediation, was the acceptance by the union of the one year package the city proposed earlier in March. The changes in the contract for Public Safety Dispatch are consistent with all of our employee groups effective January 1, 2001 as follows: Wages: 3% increase Insurance: $440/mo. ($30/mo increase over 2000) Sick leave: allow use after 6 mo. (past contract allowed use after 8 mo.) Funeral leave: expand definition to also allow use of funeral leave for: Aunt, Uncle, Niece, Nephew and Grandchildren. This agreement is consistent with our other employee groups for 2001. The proposed contract is on file with the City Clerk. Recommendation: We ask the City Council to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services Local #220 Public Safety Dispatch establishing terms and conditions of employment for the duration of 1/1/01 – 12/31/01. Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Manager Approved by: Charles W. Meyer, City Manager 13 RESOLUTION NO. 01-043 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND LAW ENFORCEMENT LABOR SERVICE, INC., LOCAL #220 PUBLIC SAFETY DISPATCH JANUARY 1, 2001 –DECEMBER 31, 2001 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; now therefore, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract # between the City of St. Louis Park and Law Enforcement Labor Service, Inc., Local #220, Public Safety Dispatch effective January 1, 2001 – December 31, 2001. Reviewed for Administration: Adopted by the City Council May 21, 2001 City Manager Mayor Attest: 14 City of St. Louis Park City Council Agenda Item # 7b Meeting of May 21, 2001 7b. Request by Sholom Community Alliance for preliminary and final plat and PUD approval for Assisted Living Building with Alzheimer’s Pavilion Case Nos. 01-07-S and 01-18-PUD 3610 Phillips Parkway Recommended Action: Motion to adopt a resolution approving the preliminary and final plat and preliminary and final PUD for Sholom Community Alliance, subject to the conditions included in the resolution. Zoning: RC, Multi-Family Residential Comprehensive Plan Designation: High Density Residential Background: Sholom Community Alliance is applying for a preliminary and final plat and preliminary and final PUD approval for the above-described development. This project is a part of the Sholom Campus located on Phillips Parkway. The Campus consists of three other existing structures that are being incorporated into the PUD. The plat is necessary to allow for the development of the proposed assisted living building. The Sholom Campus consists of a Knollwood Place Building with 153 apartments, the Menorah West Building with 45 apartments, and the Sholom West Building. Sholom West is a 170-bed nursing home. The proposed new building will contain 52 assisted living apartments and 24 Alzheimer beds. For purposes of parking and open space, the proposed building will be considered to contain two uses, elderly apartments and nursing home beds. On May 2, 2001 the Planning Commission held a public hearing. No substantial concerns were raised and the Planning Commission recommended approval on a vote of 6-0 subject to the conditions recommended by staff. One of the conditions included plan revisions that were to be completed prior to City Council consideration of the proposal. Revised plans have been received but have not yet been reviewed by staff. Staff will update the Council on the status of those plans during the meeting. The remainder of the conditions are included in the proposed resolution. . Site Data: PUD Area: 15.677 Acres Existing Uses: 198 Apartment Units 170 Bed Nursing Home 15 Proposed New Use: 54 Assisted Living Apartments 24 Alzheimer Beds (Nursing Home) Parking: Required: 176 spaces Proposed: 311 spaces Usable Open Space: Required: 178,000 Square Feet Provided 294,840 Square Feet Overall Project Density 16 Units/Acre Apartments (Not including Nursing Home Beds) (/169 (/7 W 36th St Target #New BuildingLocation 16 Issues: • Are all Subdivision Ordinance requirements met for Preliminary and Final plat • Are all Zoning Ordinance requirements met for the PUD and Plat? • How can the volume of emergency medical calls be reduced from this facility? Issues Analysis: Are all Subdivision Ordinance requirements met for Preliminary and Final plat The proposed subdivision involves the creation of a new plat that modifies the lot lines of an underlying plat. The underlying plat, The Federation Addition, included 4 parcels and was approved by the City in 1985. The proposed Sholom Community Alliance 1st Addition modifies Lots 2 and 3, Block 1 of The Federation Addition plat, adjusting the location of the lot line between the two lots. Easements. The Federation Addition plat was approved without requiring perimeter utility easements. The proposed Sholom Community Alliance 1st Addition also does not show perimeter easements as are required by the Subdivision Ordinance. There are a number of private easements across all four of the properties to address private utilities, drainage, and access that cross over property lines. The 4 parcels were originally part of a PUD Zoning District that was adopted in 1985 creating the senior campus. Staff has requested that copies of all cross easements be provided prior to the City Council review and approval of the plat. Staff has also requested that the Final Plat reflect the required perimeter easements or that the applicant apply for a variance to waive this requirement. Revised plans have been submitted. Sidewalks. The Subdivision Ordinance requires that sidewalks be provided along all public ways. A sidewalk is provided only partially along Phillips Parkway. This sidewalk terminates at a gate to the enclosed garden at the southeast portion of the new building. The applicant has agreed to modify plans to show the required sidewalk prior to City Council review. Revised plans have been submitted. Are all Zoning Ordinance requirements met for the PUD and Plat? Architectural standards: The proposed Assisted Living building is a 4-story building. The proposed building materials consist of rock-faced concrete block on the first level and stucco for the upper three levels. The Zoning Ordinance requires that 60% of each building façade consist of Class I materials. Cement stucco is considered to be a Class I material. The proposed building satisfies this standard. However, staff is requesting samples of the proposed materials to be submitted prior to building permit to insure that the colors proposed for the new building are compatible with those of the existing buildings within the campus. A review of building materials on existing buildings indicates that all meet the architectural standards of the Zoning Ordinance. The primary materials on the Sholom Home West building 17 are face brick and rock face concrete block. The primary material on the Knollwood Place building is stucco and the primary material on the Menorah West Building is brick. Landscaping: A Bufferyard B is required along all property lines. This requirement is exceeded along most boundaries of the site. However, the Landscape Plan does not meet the bufferyard requirement for a portion of the proposed new building lot. An additional 4 or 5 trees, depending upon species, are required. The applicant has agreed to modify the Landscape Plan to reflect the additional trees prior to the City Council reviewing the application. Revised plans have been submitted. Tree Replacement: Construction of the new building and pond will require the removal and relocation of several trees. The applicant is meeting the requirement for tree replacement. PUD Ordinance: The Ordinance states the PUD projects shall meet certain objectives outlined below. A. The design shall consider the whole of the project and shall create a unified environment within project boundaries by insuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient design and use of utilities. Staff believes this condition is met. Architectural compatibility is achieved through use of similar materials, colors, and building massing. Pedestrian circulation is good throughout the site and includes both exterior sidewalks and interior walkways connecting buildings. Vehicular circulation is adequate. Regarding landscape and site features, a significant amount of landscaping already exists on the site. A required pond within the project has been developed as a site amenity complete with walking paths, benches, and landscaping. Other site features include a natural wooded area. B. The design of the PUD shall achieve the maximum compatibility of the project with surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The proposed PUD encompasses a senior campus including existing elderly apartments and a nursing home. The proposed assisted living facility provides a much-needed component and completes the campus. Elderly housing is not a high traffic generator and is not anticipated to have an adverse impact on traffic in the area. C. The design shall take into account any modifications of Ordinance requirements permitted by Section 14:6-7.4 of this Ordinance and provide appropriate solutions to eliminate the adverse impacts of any modification required for approval of the PUD. No Ordinance modifications are being requested. • How can the volume of emergency medical calls be reduced from this facility? 18 Data from the Fire Department shows that elderly housing facilities and nursing homes account for a large proportion of the total emergency calls that City Fire and Police handle on an annual basis. Currently, all of the units in the high-rise building have emergency systems that automatically dial 911 if triggered by a resident. This system has replaced an in-house medical professional, and has generated high numbers of emergency medical calls that the City responds to. The existing Sholom West nursing home also generates a high numbers of 911 calls. The City responds to each emergency medical call with a police officer and two firemen. Frequently these calls are non-emergency in nature, involving helping people get up who have fallen down and are not injured. The Fire Department estimates that as many as 50% of the calls are non- emergency in nature. There is a desire by the City to control the number of “non-emergency” medical calls because the numbers and costs are escalating. Staff is recommending that public safety and planning staff work with the Sholom Community Alliance to agree on a plan to reduce these calls. To ensure that any plan to reduce calls remains in place into the future, one or more of the following methods would be employed: 1. A written agreement between the City and Shalom Community Alliance, either written into a Development Agreement or by separate agreement 2. Tie the plan to the multi-family licensing program, i.e. if an inspection reveals the plan is not being followed the annual license would not be renewed. 3. Explore the possibility, in addition to one of the methods above, of some type of charge for an extraordinary volume of emergency calls. The Fire Department is exploring a way to address non-emergency calls for similar facilities citywide. Recommendation: Staff and the Planning Commission recommend approval of the preliminary and final plat and preliminary and final PUD for Sholom Community Alliance, subject to the following conditions. A. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised to meet the recommended conditions. B. Prior to City Council consideration, the following conditions must be met: 1. Revise landscape plan to meet City Ordinance requirements regarding the bufferyard along Phillips Parkway. 2. Revise the Final Plat drawing to reflect perimeter utility easements or request and receive a variance. 3. Revise the Site Plan to reflect a continuous sidewalk along the Philips Parkway on the east side of proposed Lot 2. C. Final plat and PUD approval and development is contingent upon developer meeting all conditions of final approval including all MNDOT requirements. D. Before a final plat is signed by the City, the developer shall comply with the following requirements: 19 1. Submit to the City a copy of owner’s policy of title insurance that insures the City’s interest in the plat, in an amount to be determined by the City. 2. A development agreement shall be executed between the developer and the City that covers at a minimum conditions for sidewalk construction and repair and cleaning of public streets. 3. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk installation and repair/cleaning of public streets. 4. Submit all cross-easement agreements for access, utility, and drainage for the 4 lots within the PUD. 5. Reimbursement of City attorney’s fees in drafting/reviewing such documents. E. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. F. Prior to any site work, the developer shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT, if required. 2. A copy of the Watershed District permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign Assent form and official exhibits. 5. Meet conditions of City signing final plat. 6. Meet any other conditions as required by the Development Agreement. G. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. The subdivider shall furnish the City with evidence of having submitted the final plat. 3. Building materials samples to be submitted to and approved by City. 4. Lighting plans to be submitted to and approved by the City for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. 5. Signage plans to be submitted and approved. 6. Meet any other conditions as required by the Development Agreement. J. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. K. Prior to issuance of an occupancy permit: 1. Six-foot concrete sidewalk along the west side of Phillips Parkway adjacent to the proposed Lot 2l is to be installed in accordance with plans approved by the City Engineer; such sidewalk shall be maintained by the developer. 20 2. The applicant and the City shall execute an agreement to reduce non-emergency calls. Attachments: • Proposed resolution • Development plans • Proposed preliminary plat documents • Proposed final plat documents Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager 21 RESOLUTION NO. 01-044 A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED RC, HIGH DENSITY RESIDENTIAL LOCATED AT 3600-3630 PHILLIPS PARKWAY AND PRELIMINARY AND FINAL PLAT – SHOLOM COMMUNITY ALLIANCE 1st ADDITION WHEREAS, applications for approval of a Planned Unit Development (PUD) and Preliminary Plat for Sholom Community Alliance 1st Addition were received on April 14, 2001 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary PUD and Plat was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity and WHEREAS, notice of public hearing on the Preliminary PUD and Plat was published in the St. Louis Park Sailor on April 18, 2001, and WHEREAS, the Planning Commission opened the public hearing at the meeting of May 2, 2001, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD and Plat on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sholom Community Alliance has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the district located at 3600-3630 Phillips Parkway; and Sholom Community Alliance, owners and subdividers of the land proposed to be platted as Sholom Community Alliance 1st Addition, have submitted an application for approval of preliminary plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal description as follows, to-wit: 22 Lots 1, 2, 3 and 4, The Federation Addition, Hennepin County, Minnesota (Torrens) 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 01-17-S and 01-18-PUD) and the effect of the proposed PUD and Plat on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 4. The City Council has determined that the PUD and Plat will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD and Plat are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 5. The contents of Planning Case Files 01-17-S and 01-18-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development and Preliminary and Final Plat for Sholom Community Alliance 1st Addition at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Official Exhibits, as revised to meet bufferyard, easement, and sidewalk requirements. 2. Final plat and PUD approval and development is contingent upon developer meeting all conditions of final approval including all MNDOT requirements. 3. Before a final plat is signed by the City, the developer shall comply with the following requirements: a. Submit to the City a copy of owner’s policy of title insurance that insures the City’s interest in the plat, in an amount to be determined by the City. b. A development agreement shall be executed between the developer and the City that covers at a minimum conditions for sidewalk construction and repair and cleaning of public streets. c. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public sidewalk installation and repair/cleaning of public streets. d. Submit all cross-easement agreements for access, utility, and drainage for the 4 lots within the PUD. 23 e. Reimbursement of City attorney’s fees in drafting/reviewing such documents. f. 4. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. 5. Prior to any site work, the developer shall meet the following requirements: a. A drainage permit shall be obtained from MNDOT, if required. b. A copy of the Watershed District permit(s) shall be forwarded to the City. c. Any other necessary permits from other agencies shall be obtained. d. Sign Assent form and official exhibits. e. Meet conditions of City signing final plat. f. Meet any other conditions as required by the Development Agreement. 6. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. The subdivider shall furnish the City with evidence of having submitted the final plat. b. Building materials samples to be submitted to and approved by City. c. Meet any Fire Department emergency access requirements for during construction. d. Lighting plans to be submitted to and approved by the City for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. e. Signage plans to be submitted and approved. f. Meet any other conditions as required by the Development Agreement. 7. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 8. Prior to issuance of an occupancy permit: 24 a. Six-foot concrete sidewalk along the west side of Phillips Parkway adjacent to the proposed Lot 2l is to be installed in accordance with plans approved by the City Engineer; such sidewalk shall be maintained by the developer. b. The applicant and the City shall execute an agreement to reduce non-emergency calls. Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The Mayor and City Council are authorized to execute this agreement. The development agreement shall address those issues which the City Council deems appropriate and necessary. Reviewed for Administration: Adopted by the City Council May 21, 2000 City Manager Mayor Attest: City Clerk 25 City of St. Louis Park City Council Agenda Item # 7c Meeting of May 21, 2001 7c. Approve Sholom Community Alliance Private Activity Revenue Bonds This is the final approval needed for Sholom Commuity Alliance to issue up to $19,000,000 of Private Activity Revenue Bonds. Recommended Action: Motion to approve resolution allowing Sholom Community Alliance to issue up to $19,000,000 in Private Activity Revenue Bonds and approve all documents in connection with the bond issue. Background: The City has been asked to consider the issuance of revenue bonds under Minnesota Statutes, Chapter 462C for a program consisting of the acquisition, construction, and equipping of a seventy-six-unit assisted-living rental housing development for seniors at 3610 Phillips Parkway. The Project will be owned by Sholom Community Alliance, a Minnesota nonprofit corporation, or Sholom Community Alliance St. Louis Park Assisted Living Project, a Minnesota nonprofit corporation. The aggregate face amount of revenue bonds proposed to be issued to finance the Project is presently estimated not to exceed $19,000,000. The revenue bonds will be issued by the City and will be limited obligations of the City payable solely from the revenues pledged to the payment thereof. The revenue bonds will not be general or moral obligations of the City and will not be secured by or payable from any assets, revenues, or other property of the City (except the interests of the City in the Project) and will not be secured by or payable from any revenues derived from any application of the taxing powers of the City. The application material and financial statements were provided to the City Council at the April 23, 2001 study session. The public hearing to solicit comments from the public was held on May 7, 2001. Final approval of the Private Activity Revenue Bond Issue is now being requested. Prepared by: John Brooks, Interim Finance Director Approved by: Charles W. Meyer, City Manager 26 CITY COUNCIL MEETING May 21, 2001 ITEMS TO BE ACTED UPON BY CONSENT Consent items are 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. 1. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Tom Lehman Charities for the Dayton’s Challenge Golf Tournament to be held June 2- 4 at the Minneapolis Golf Club, 2001 Flag Ave S, St. Louis Park. 2. Motion to approve second reading of an ordinance which amends Ordinance No. 2154-00 relating to the sale of certain City owned property located at 4326 Cedar Lake Road, adopt ordinance, approve summary and authorize publication. Motion to authorize the Mayor and City Manager to execute an Amendment to Real Estate Purchase Agreement between the City of St. Louis Park and the Jewish Community Center to adjust the sale price for the subject property. 3. Motion to approve Second Reading of proposed zoning ordinance amendment for Section 14: 4-11 regarding restrictions for tree removal and standards for replacement and section 14: 3-1 definitions, adopt summary ordinance and authorize publication. Motion to adopt a resolution establishing a fee of $90 per caliper inch for cash-in- lieu of trees. Case number: 01-16-ZA 4. Motion to Vending Machine License and Various Temporary Use Permits; approve the summary, and authorize summary publication. Motion to adopt the accompanying resolution setting fees for those licenses and permits 5. Bid Tabulation: Motion to designate (TBD – See report) ___________as the lowest responsible bidder, and authorize execution of a contract for the 2001 removal and replacement of the four tennis courts at Aquila Park in an amount not to exceed $ (TBD) for Capital Improvement Project – Removal and Replacement of four Tennis Courts at Aquila Park 6. Bid Tabulation: Motion to designate F. F. Jedlicki, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $60,044.00 for stormwater improvement project at 8911 Westmoreland Lane – Area No. 3 – City Project No. 01-13 27 7. Bid Tabulation: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder for conventional and driveway bituminous mixture No. 2340, and Midwest Asphalt the lowest responsible bidder for bituminous cold patch material and authorize execution of contracts with the firms in the amount of $58,250.00 and $4,900.00, respectively. 10. Motion to adopt the attached Resolution to enter into an Agreement with Hennepin County for the installation of a traffic signal system at the intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue 11. Motion to accept the following reports for filing: g. Planning Commission Minutes of May 2, 2001 h. Housing Authority Minutes of April 11, 2001 i. Police Civil Service Commission minutes from May 15 to December 21, 2000 j. Fire Civil Service Commission Minutes from March 15 to December 21, 2000 k. Vendor Claims l. Human Rights Commission Minutes of April 18, 2001 28 CONSENT ITEM # 1 St. Louis Park City Council Meeting of May 21, 2001 1. Motion to approve a Temporary On-Sale Intoxicating Liquor License for Tom Lehman Charities for the Dayton’s Challenge Golf Tournament to be held June 2-4 at the Minneapolis Golf Club, 2001 Flag Ave S, St. Louis Park. Background: Tom Lehman's annual charity golf tournament, the Dayton’s Challenge, is being held June 2 – 4 at the Minneapolis Golf Club in St. Louis Park. The tournament benefits the Children's Cancer Research Fund and since it’s inception in 1995, has raised more than $3,800,000 for the Children’s Cancer Research Fund. The Minneapolis Golf Club, currently holds a Club Liquor License and no additional license has been requested in the past. This year the Dayton’s Challenge wishes to provide an outdoor wine tasting event, which requires a temporary on-sale intoxicating liquor license to be approved by the City Council and by the MN Department of Public Safety. The temporary license is issued for the duration of the event only and no public hearing is required. Staff has administratively approved all other licenses required in connection with this event. The principles of the Dayton’s Challenge organization and the vendors supplying the wine have been investigated and no record or warrants were found. Staff recommends approval of the license. Prepared by: Cynthia D. Reichert, City Clerk Approved by: Charles W. Meyer, City Manager 29 CONSENT ITEM # 2 St. Louis Park City Council Meeting of May 21, 2001 2. Motion to approve second reading of an ordinance which amends Ordinance No. 2154-00 relating to the sale of certain City owned property located at 4326 Cedar Lake Road, adopt ordinance, approve summary and authorize publication. Motion to authorize the Mayor and City Manager to execute an Amendment to Real Estate Purchase Agreement between the City of St. Louis Park and the Jewish Community Center to adjust the sale price for the subject property. Background: In February of 2000, the City of St. Louis Park entered into a purchase agreement for the sale of 6.24 acres of property to the JCC. The JCC is interested in acquiring this property to assist in an expansion to its campus. The sale price in the purchase agreement is $399,444.57. As permitted by the purchase agreement, the JCC undertook soil tests on the property. Based on these tests the JCC has requested an adjustment in the purchase price. The City had its own soil consultant and appraiser review the JCC request. Based upon this review, the City’s outside appraiser did recommend an adjustment down in the sale price. Based upon the appraiser’s recommendations, City staff has negotiated a sale price of $303,750.00 to take into consideration the soil conditions on the site. The JCC has agreed to this price. City Charter requires the City Council to authorize the sale of land via the adoption of an ordinance. Since the original ordinance contained the $399,444.57 sale price, the City is required to adopt a new ordinance to reflect the revised sale price. On May 7 the City Council adopted first reading of an ordinance reflecting the new sale price. Recommendation: Staff recommends adoption of the second reading of this ordinance and also requests the City Council to authorize the Mayor and City Manager to sign an amendment to the purchase agreement to reflect the new sale price. No other changes are being made to the purchase agreement originally executed. Attachments: Ordinance Ordinance Summary Amendment to Purchase Agreement Prepared By: Tom Harmening, Community Development Director Approved By: Charles W. Meyer, City Manager 30 ORDINANCE NO. 2100-01 AN ORDINANCE AMENDING ORDINANCE NO. 2154-00 RELATING TO THE SALE OF CITY PROPERTY TO THE JEWISH COMMUNITY CENTER THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. On February 7, 2000 the City Council adopted Ordinance No. 2154-00 which authorized the sale of 6.24 acres of property by the City to the Jewish Community Center of Greater Minneapolis for a total sale price of $399,444.57. SECTION 2. Ordinance 2154-00 is amended to authorize the sale of 6.24 acres of property by the City to the Jewish Community Center of Greater Minneapolis for a total sale price of $303,750.00. The property is located on South Cedar Lake Road and its crossing with the Burlington Northern Railroad and is legally described as follows: Commencing at the Northeast corner of the South One Half of the Southeast One Quarter of Section 30, Township 29, Range 24; thence South 00 degrees 16 minutes 42 seconds East assumed bearing along the east line of said South One Half of the Southeast One Quarter a distance of 459.71 feet to a point 57.16 feet northerly of the Burlington Northern Railroad tracks centerline as now laid out; thence South 74 degrees 04 minutes 36 seconds East 57.16 feet northerly and parallel to said centerline of tracks a distance of 254.46 feet to the point of beginning; thence continuing South 74 degrees 04 minutes 36 seconds East a distance of 1365.79 feet; thence northwesterly along a non-tangential curve concave to the southwest having a radius of 327.96 feet, a central angle of 53 degrees 43 minutes 35 seconds, an arc length of 307.53 feet, a chord distance of 296.38 feet and a chord bearing of North 54 degrees 52 minutes 52 seconds East; thence North 82 degrees 45 minutes 05 seconds East non-tangential to said curve a distance of 268.34 feet; thence North 74 degrees 04 minutes 36 seconds East a distance of 1286.87 feet; thence South 15 degrees 55 minutes 24 seconds East a distance of 190.00 feet to the point of beginning. The sale shall occur in accordance with the terms of a Purchase Agreement executed by Buyer dated February 8, 2000, and an Amendment to Real Estate Purchase Agreement dated _______________, both on file with the City Clerk. 31 SECTION 3. This ordinance shall be effective fifteen (15) days after its passage and publication. Adopted by the City Council May 21, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 99-32-RE-amend/N/res/ord 32 SUMMARY ORDINANCE NO. 2199-01 CITY OF ST. LOUIS PARK MINNESOTA AN ORDINANCE AMENDING AN ORDINANCE RELATING TO THE SALE OF CITY PROPERTY TO THE JEWISH COMMUNITY CENTER The ordinance states that the ordinance authorizing the sale of 6.24 acres of property by the City to the Jewish Community Center of Greater Minneapolis for a total sale price of $399,444.57 has been amended. The amended ordinance authorizes the sale for a total sale price of $303,750.00. The property is located on South Cedar Lake Road at its crossing with the Burlington Northern Railroad. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 21, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: May 30, 2001 33 CONSENT ITEM # 3 St. Louis Park City Council Meeting of May 21, 2001 3. Motion to approve Second Reading of proposed zoning ordinance amendment for Section 14: 4-11 regarding restrictions for tree removal and standards for replacement and section 14: 3-1 definitions, adopt summary ordinance and authorize publication. Motion to adopt a resolution establishing a fee of $90 per caliper inch for cash-in- lieu of trees. Case number: 01-16-ZA Background: The Zoning Code includes a section called “Restrictions for Tree Removal and Standards for Replacement.” The primary purpose of the Code is to provide incentives for private property developers to protect trees by giving credit for trees left on site. If a substantial number of trees are left on site, the replacement ratio for those that are lost due to construction is very low. However, if most of the trees are lost due to construction, the replacement ratio is very high. In this manner, the City attempts to protect as many trees as possible and replace them when a significant number must be lost to development. Reasons outlined in the ordinance for protecting and replacing trees include: the environmental, health, aesthetic, economic and energy efficiency benefits of having a substantial number of trees in the community. Due to the need for soil corrections and regrading, it is not always possible to protect trees. In these cases such as the Mill City redevelopment and CSM/Rottlund projects, the replacement ratios have been high, and it has not been possible to plant all the required replacement trees on site. The Code allows replacement trees to be planted on public property and the Park and Recreation Department has been responsible for planting those trees. Rather than have developers deliver trees, the Park and Rec. Department prefers to have money to purchase trees, so that they can control the timing and selection of the trees. The Code and fee resolution does not currently address this policy. Staff has also found some other areas of the tree replacement policy that may warrant changes. These include specifics on the size and types of significant trees as well as allowing other required tree plantings to count toward tree replacement requirements. After meeting with the City Council at a Study Session on February 26, 2001, it was also suggested that the formula used to determine tree replacement should be slightly adjusted. This is reflected in the current proposal. The Council also asked whether the program to provide discount trees to homeowners is still in effect. Jim Vaughan, City Forester, has indicated that discount trees are still offered to 34 homeowners who lose trees due to disease. Jim also administers a program to inoculate trees against Dutch Elm disease. On April 18, 2001, the Planning Commission held a public hearing on the proposed ordinance amendments. The Planning Commission discussed the ordinance at length and addressed a question from a citizen. The Planning Commission then recommended approval of the proposed ordinance amendment and adoption of a resolution that would establish a $90 per caliper inch fee for cash in-lieu of replacement trees on a vote of 3-0 with one member abstaining. On May 7, 2001, the City Council approved First Reading of the proposed ordinance amendment, set Second Reading for May 21, 2001 and directed staff to prepare a resolution establishing a $90 per caliper inch fee for cash-in-lieu of replacement trees. Recommendation: Staff and the Planning Commission recommend approval of the attached ordinance amendment and fee resolution. If the City Council approves the proposed ordinance, it will be published on May 30, 2001 and will become effective on June 14, 2001. Attachments: Proposed Ordinance Proposed Summary Ordinance Proposed Resolution Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Charles W. Meyer, City Manager 35 ORDINANCE NO. 2197-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:3-1, 14:4-11.3(B) THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01-16-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:3-1 and 14:4-11(B)(2)(3) are hereby amended to read as follows: Section 14:3-1 Significant Tree: Significant trees shall fall under two categories. Category A shall include the following species: Siberian Elm (Ulmus pumila) All Populus species (Aspen, Cottonwood) All Salix species (Willow) Boxelder (Acer negundo) Silver Maple (Acer sacharinum) Black Locust (Robinia pseudoacacia) Category B shall include all other tree species. A significant tree is any Category A tree having a Diameter Breast Height (DBH) of ten (10) inches or more that is alive and healthy or a Category B tree having a DBH of four (4) inches or more if deciduous or six (6) feet in height if an evergreen. (Amended by Ord. No. 2096-97 7-7-97) Section 14:4-11.3B(2)(3) 2. The owner or developer shall replace the loss or reasonably anticipated loss due to destruction, grading or building of all live significant trees. The amount of trees to be provided in replacement shall be determined by the following formula: ((A/B)-.20) x C x A = D A = Total diameter inches of significant trees lost as a result of land alteration or removal. 36 B = Total diameter inches of significant trees situated on the land. C = Tree replacement constant (1.5) D = Replacement Trees (Number of caliper inches). 3. Location of replacement trees. Replacement trees shall be planted on: a. restoration areas including steep slopes b. common areas c. bufferyards between different land uses or activities d. Project entrance areas e. Any other part of the parcel except that dedicated or conveyed to the City, unless the City consents in writing. f. If there is insufficient area within the project to plant the required replacement trees, these may be planted within any park, open space, or boulevard within the City as determined by the City provided the City consents in writing. The City may also elect to receive cash-in-lieu of trees based on a fee per caliper inch determined by the City Council. (Amended by Ord. No. 2096-97 7-7-97) Sec. 3. The contents of Planning Case File 01-16-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council May 21, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 01-16-ZA:N\res-ord 37 SUMMARY ORDINANCE NO. 2197-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:3-1, 14:4-11.3(B) This ordinance states that the Zoning Ordinance shall be amended relative to the following: definition of significant tree, restrictions for tree removal and standards for replacement. The ordinance shall take effect 15 days after publication. Adopted by the City Council May 21, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: May 30, 2001 01-16-ZA-sum:N\res-ord 38 RESOLUTION NO. 01-040 AMENDMENT TO CITY’S FEE RESOLUTION FOR ADMINISTRATIVE ACTIVITIES RELATED TO PLANNING AND ZONING TO ESTABLISH A FEE FOR CASH-IN-LIEU OF REPLACEMENT TREES WHEREAS, various sections of the City Code authorize the City Council to establish fees for specified administrative procedures, and WHEREAS, the City Council adopted Ordinance No. _____ allowing cash-in-lieu of replacement trees based on a fee per caliper inch, NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Sections 14:3-1, 14:11.3(B) and other Sections as may be applicable, the following fee for cash-in-lieu of replacement trees is hereby established: ACTIVITY FEE Cash-in-lieu of replacement trees $90.00 per caliper inch Reviewed for Administration: Adopted by the City Council May 21, 2001 City Manager Mayor Attest: City Clerk 39 CONSENT ITEM # 4 St. Louis Park City Council Meeting of May 21, 2001 4. Motion to Vending Machine License and Various Temporary Use Permits; approve the summary, and authorize summary publication. Motion to adopt the accompanying resolution setting fees for those licenses and permits. Background On May 7, 2001 Council approved first reading of an ordinance amending Chapter 16 of the St. Louis Park Ordinance Code as follows: • Food Vending Machine License This license provides for regulation of certain types of food vending machines as required by the MN Department of Health. Periodic spot inspections will be performed. • Change Article IV Language to Temporary Use “Permits” This change will help to distinguish between annual operating licenses for businesses and contractors and authorization to operate a temporary use for limited time activities. Language originally adopted with Chapter 16 identified the section as Temporary Use “Licenses”. The word “license” has changed to “permit” in all of Article IV to achieve consistent language with the zoning chapter of the code. • Special Event on City Property – Temporary Use Permit This permit regulates temporary uses of a temporary nature which occur on city property, on the public right of way or when street closure is requested. The special event permit provides for a staff review of all planned activities. The permit process allows for recovery of city costs associated with the use where deemed appropriate. • Television or Movie Production on City Property – Temporary Use Permit This permit regulates commercial film productions in St. Louis Park. The permit process allows for recovery of actual city costs incurred with the event through the applicant submitting a cash deposit held in escrow. • Other Temporary Use Permits Proposed Allow for permits for construction debris containers (dumpsters) and special parking permits for persons with disabilities and for persons residing near the SLP Senior High School. 40 Fees The following fees are proposed Type Fee Business License Class V-Food Vending Machine (each) $15.00 Temporary Use Permits Television or Movie Production Application $50.00 Fee (non-refundable) Construction Debris Container (dumpster) $15.00 No fee is proposed for the Special Event Permit, as the application process is merely a mechanism for identifying associated licenses and required city services which may warrant payment of a fee. Attachments: Ordinance Ordinance Summary Resolution Setting Fees Prepared By: Cindy Reichert, City Clerk Brian Hoffman, Director of Inspections Approved by: Charles W. Meyer, City Manager 41 ORDINANCE NO. 2198-01 AN ORDINANCE AMENDING PORTIONS OF CHAPTERS 16 CONCERNING LICENSING OF BUSINESSES AND ACTIVITIES WITHIN THE CITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Ordinance Code, Section 16-102 is hereby amended to read as follows: 16-102: Definitions. The following definitions when used in this Chapter shall have the meanings ascribed to them in this Section: AIR Any gaseous matter or particulate matter which, when present in the CONTAMINANT: outdoor atmosphere contributes to a condition of air pollution, including, but not limited to gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders, and odors. AIR POLLUTION: The presence in the atmosphere of one or more air contaminant or combinations thereof which is or, may tend to be injurious to human health or welfare or injurious to human, plant, or animal life or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business. AMUSEMENT A business at one location devoted primarily to the operation of ARCADE mechanical or electrical amusement devices and open for public use and participation. AMUSEMENT A mechanical or electrical machine which, upon the insertion of a DEVICE: coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, checks, tokens, or merchandise, or which provides for no such devices, and shall include pin-ball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and similar games, which may be used solely for amusement and not as gambling devices. ATMOSPHERE: The air that envelopes or surrounds the earth. BILLBOARD: A sign which is used for the primary purpose of selling space advertising a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. 42 BOARDING A food and beverage service establishment where food or beverages, HOUSE: or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more. CITY: The City of St. Louis Park, Minnesota. CITY PROPERTY: Any property owned by the city, including but not limited to municipal buildings, parks or city right of way. COMMERCIAL An amusement arcade, when the arcade is the principal operation of ENTERTAINMENT the business establishment, a roller skating rink, or a movie theater. ESTABLISHMENT: CONSTRUCTION Any roll-off four (4) sided steel container for temporary storage of DEBRIS construction and demolition materials. CONTAINER CONSTRUCTION Any waste building materials, packaging, and rubble resulting DEMOLITION from construction, repair and demolition of buildings. MATERIALS: COURTESY Any bench or seat located on any public sidewalk along a street or BENCH: thoroughfare or on any public right-of-way along a street or thoroughfare or on private property dedicated to public use or authorized for public use by owner. DOG KENNEL: Any place where four or more dogs over the age of 9 weeks are kept for a period longer than 24 hours or any business engaged in the breeding, health care, boarding or sale of dogs. EMISSION: Discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. ENCLOSED An enclosed building or structure, or part thereof, used for parking, PARKING storage, or maintenance of motor vehicles. FACILITY: FOOD OR Any building, room, stand, enclosure, vehicle, space, area or other BEVERAGE place wherein food or beverages are manufactured, prepared, ESTABLISHMENT: stored, distributed, served, sold or offered for sale to the public at retail, regardless of whether there is a charge for the article, or otherwise provides foods or beverages, or both, for human consumption. 43 FOOD Food vending machines as defined in the Minnesota Statutes VENDING Annotated Agriculture Chapter 28A.09. MACHINE: GARBAGE: Animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. HEALTH The duly appointed health officials of the City of St. Louis Park. AUTHORITY: HEALTH If used at any place in this Chapter and in the requirements adopted DEPARTMENT, by reference shall mean the Health Authority of St. Louis Park. HEALTH OFFICER, STATE BOARD OF HEALTH, BOARD: HEALTH/SPORTS A business, the primary purpose of which is health and fitness, of ESTABLISHMENT: which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the City for inspection. HIGH IMPACT Any business with materials or entertainment provided to the SEXUALLY- public which are principally related to sexual stimulation or ORIENTED gratification other than a limited impact sexually-oriented business. BUSINESS: Examples of a high impact sexually-oriented business include the following: a. a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; b. a business where specified sexual activities (as defined herein) are explicitly verbally described or shown; c. a business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; d. a business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as a limited impact sexually-oriented business; and e. a business providing sexually-oriented materials for off-site use or entertainment where the sexually-oriented materials are dispersed within the business rather than isolated in a separate area. 44 HOTEL OR MOTEL: A building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week. LIMITED IMPACT: A business where sexually-oriented materials are sold, bartered, SEXUALLY- distributed, leased, furnished or otherwise provided to the public ORIENTED and which meets the following restrictions: BUSINESS: a. all sexually-oriented materials must be provided for use or entertainment off the business premises only; b. all sexually-oriented materials must be provided from a separate area to which person under the age of 18 are prohibited access; c. the separate area may not exceed a maximum of 20% of the retail floor area of the establishment, or 300 square feet, whichever is less; d. no person outside the separate area shall be able to perceive or observe and sexually-oriented materials at any time, including when someone is entering or exiting the separate area, shopping or purchasing sexually-oriented materials; e. a sign must be displayed on the entrance to the separate area which shall read: “No person under the age of 18 is allowed in this area.” The sign letters shall be a minimum of 2 inches high: and f. the entry into the separate area shall be visible to a employee of the business at all times. LODGING A building, structure, enclosure, or any part thereof used as, ESTABLISHMENT: maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers, for periods of one week or more, and having five or more beds to let to the public. MASSAGE: The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health-care referral, relaxation, beautification and for no other purpose. MASSAGE A place providing to the public at large massage services, other THERAPY than a hospital, sanatorium, rest home, nursing home, boarding 45 ESTABLISHMENT: home, or other institution licensed under the provisions of Minnesota Statutes §§ 144.50 - .69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. MULTI-LEVEL A building or structure, or part thereof, in which a structural level PARKING other than a slab on grade is used for parking, storage, or FACILITY: maintenance of motor vehicles. OFF-SITE Any limited impact sexually-oriented business or any high impact CONSUMPTION: sexually-oriented business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. ON-SITE Any high impact sexually-oriented business where sexually- CONSUMPTION: oriented materials or entertainment, which are principally related to sexual stimulation or gratification, are offered on the business premises. PAWNBROKER: A person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this Chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this Chapter. PEDDLER: Any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to purchasers of the same. PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity. POOL: Any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools. PRIVATE A pool connected with a single-family residence or owner- RESIDENTIAL occupied duplex, located on private property under the control of 46 POOL: the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool is not a pool used as part of a business. PROCESS: Any action or operation: (a) which by physical action results in a change in location, form, or physical properties of a material; (b) which by chemical action results in a change in chemical composition, chemical properties, or physical properties of a material; or (c) which creates or establishes a condition or situation which produces air contaminants. PUBLIC SANITARY A pool, whirlpool, sauna (dry or steam), public bath or shower, FACILITY: tanning beds, or similar facility. PUBLIC Any pool, other than a private residential pool, intended to be used SWIMMING POOL: collectively by numbers of persons for swimming and bathing, operated by any person as defined herein, whether that person be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. A public pool includes, but is not limited to, pools operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, apartment building, club, condominium, hotel, manufactured home park, or political subdivision. REFUSE: All wastes (except body wastes), including but not limited to rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jar and bottles, and wood normally resulting from the operation of a household or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. RESIDENTIAL Any sale conducted at a residential premises where the property GARAGE/YARD sold consists only of items owned by the owner or renter of the SALE: premises at which the sale takes place or by friends of such owner or renter, and where the sale is conducted by the owner of the premises or friends, not by an agent or any other person to whom a commission or fee is paid. RIGHT OF WAY: The property owned by the City for the construction and maintenance of the roadway and the improvements of the roadside. 47 ROLLER Any room, place, or space open to public patronage where SKATING RINK: facilities are available for roller skating, wherein the public may participate, and at which admission may be had by the public by payment directly or indirectly of an admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. SAFETY MANUAL: Shall mean the current edition of the Temporary Traffic Control Zone Layouts Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). SAUNA: Any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam or heat as a cleaning, reducing or relaxing agent. SELF-SERVICE Self-service merchandising shall mean open displays of tobacco, MERCHANDISING: tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premise maintaining the merchandising. Self-service merchandising shall not include vending machines. SEXUALLY- Any limited impact sexually-oriented business or any high impact ORIENTED sexually-oriented business. BUSINESS: SEXUALLY- Visual, printed or aural materials and other objects or devices ORIENTED which: MATERIALS: a. contain, depict or describe specified sexual activities or specified anatomical areas; b. are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities described in the following subsections of the definition of “specialized sexual activities”: subsections b, c, f or as part of the binding, fettering, or other physical restraint described in subsection e. SOLICITOR: Any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or eleemosynary organization. 48 SOLID WASTE: Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. SOLID WASTE Any person who shall offer to, or engage in the collection of COLLECTOR: solid waste from any public or private institution, commercial establishment, or residential dwelling located within the City of St. Louis Park. SPECIFIED Means: ANATOMICAL AREAS: a. less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the tope of the aerola; and b. human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. SPECIFIED Means: SEXUAL ACTIVITIES: a. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; b. actual or simulated masturbation; c. actual or simulated sadism or masochism; d. actual or simulated sexual stimulation of any kind; e. situations involving a person who is nude, clad in undergarments, or in a revealing costumes, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and f. sexually-oriented touching of an animal by a human. 49 SPECIAL A pool intended to accommodate a use other than normal PURPOSE POOL: swimming, diving, or wading. A special purpose pool includes, but is not limited to, spa pools, pools used for water therapy, dedicated plunge pools, flume water slides, and wave pools. TANNING A location, place, area, structure, or business or a part thereof FACILITY: which provides consumers access to tanning equipment. Tanning facility includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. TEMPORARY The outdoor sale of goods or merchandise to the general public for OUTDOOR RETAIL personal or household consumption at a single location for less SALES: than 180 days, excluding residential garage/yard sales. TOBACCO OR Any substance or item containing tobacco leaf, including but not TOBACCO limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and PRODUCT: other forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking. TOBACCO Any tobacco product as well as any pipe, rolling papers, or other RELATED devices used in a manner which enables the chewing, sniffing, or DEVICES: smoking of tobacco or tobacco products. TOBACCO Tobacco Vending machine shall mean any type of device which VENDING dispenses tobacco, tobacco products, or tobacco related devices upon MACHINE: the insertion of money, tokens, or other form of payment directly into the machine. TRANSIENT: Any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. WADING POOLS: Any pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 24 inches. 50 SECTION 2. The St. Louis Park Ordinance Code, Section 16-304 is hereby amended to read as follows: 16-304: Food and Beverage Establishments. A. License Required: 1. It is unlawful for any person to operate a food or beverage establishment or food vending machine without obtaining a license from the City. 2. One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same. 3. Each food vending machine must have a valid city-issued license decal affixed in a visible location. B. Classification of Food and Beverage Establishments and Food Vending Machines. The City will classify each food and beverage establishment based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: Class H Plus - Multiple use license permitting 3 or more uses of any risk class to operate. Class H – High risk use license permitting: up to 2 high risk uses or a single high risk use with a single low or medium risk use. Class M – Medium risk use license permitting a single medium risk use. Class L – Low risk use license permitting a single low risk use. Class V – Food vending machines. C. Regulations and Standards. All food and beverage establishments and food vending machines licensed under this Section shall comply with the City's Food Code under Section 11-1201 of the City Code SECTION 3. The St. Louis Park Ordinance Code, Sections 16-401 through 16-405 of Article IV is hereby amended to read as follows: Replace “License” with “Permit” throughout. SECTION 4. The St. Louis Park Ordinance Code is hereby amended to add: 16-406: Special Event on City Property 51 A. Purpose and Intent. This article is intended to provide for the issuance of permits for any festival, fair, art fair, parade, community gathering, or promotional event held on city property or on any right of way in the city. B. Permit Required No person shall hold or operate a special event as described above on any public street, road, alley, right-of-way, public facility or public place owned by the city, or over which the city has the right of control for a special event as described above, without having first obtained a permit for such use from the city. C. Exceptions 1. Activities conducted by or held by the city are exempt from all provisions of this section. 2. Community gathering applications for block parties are exempt from the seven (7) day advance application submittal requirement. D. Application. 1. Applications for a permit under this division shall be made to the city in accordance with section 16-106. 2. Applications must be submitted at least seven (7) working days prior to the scheduled special event and or use of the right of way. 3. All permitees shall agree by obtaining a permit to defend, indemnify and hold harmless the city from any and all losses, costs, damages and expenses on account of activity of the permitee on the public property which is the subject of the permit. 4. A permit issued under this division may require the permitee to reimburse the city for costs incurred in the use of city equipment or any assignment of municipal employees, including police and fire personnel, to duty in connection with the activities which are the subject of the permit. The issuing authority shall provide the permit applicant with a list of anticipated costs after conducting the review provided for. E. Regulations Adopted. 1. A permit will not be issued by the city, if it is determined that the activity would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. 2. The city may require that the actual conduct of a particular activity or any portion thereof only be accomplished with the direct approval and/or supervision of the 52 police department and/or fire officials, or any other technical advisors deemed necessary to protect persons or property as it relates to the activity for which the permit has been issued. 3. The public property to which the permit relates shall at all times be made accessible to fire, police and other emergency personnel. The permit in no way shall limit the authority of fire, police, or emergency personnel to protect the public health, safety or welfare. 4. The permitee shall be responsible for restoring any area used pursuant to a permit issued under this division to an equal or better condition as was prior to use by the permitee. 5. The city may prepare an invoice to the permitee for services provided during the event. Permitee must submit payment for services in accordance with statute. 6. Receiving a special event permit does not waive any other license, permit or other requirements of this code. 16-407: Television or Movie Production on City Property A. Purpose and intent. This article is intended to provide for the issuance of permits for any and all activity related to television or movie production on city property or public right of way. For the purposes of this article, motion picture or television production includes but is not limited to, setup, staging, filming, videotaping or tearing down materials or equipment, relating to the production of visual materials to be used in connection with a commercial undertaking, including, but not limited to, motion pictures, film shorts, music or entertainment videos, television presentations, advertising, or commercial materials of any kind of motion picture or television production. B. Permit Required No person shall use any public street, road, alley, right-of-way, public facility or public place owned by the city, or over which the city has the right of control for motion picture or television production, without having first obtained a permit for such use from the city. C. Exceptions 1. The provisions of this section shall not apply to the filming or videotaping of persons, scenes, occurrences or events, which is done for news gathering purposes in the general public interest, for use in criminal investigations by law enforcement agencies or for use in any judicial proceedings. 2. The provisions of this section do not apply to, nor are they intended to affect, any motion picture or television studio operating at an established or fixed place of business within the city. 53 3. Activities conducted or held by the city are exempt from the provisions of this section. D. Application. 1. Applications must be submitted to the City seven (7) business prior to the scheduled event. 2. A security deposit in the amount of the city estimate of services will be collected before a permit is issued and held in escrow until after the scheduled event is complete. The deposit shall be either cash or a cashiers check. 3. No permit shall be issued under this article until the applicant for the permit provides a certificate of insurance to the city, showing combined single limit coverage for bodily injury and property damage of not less than one million dollars ($1,000,000.00), and basic workers’ compensation insurance, as provided in the laws of the state. This certificate of insurance shall name the city as additionally insured. If the city determines that the risks inherent in the proposed activity would not adequately be covered by the basic coverage stated herein, the city may require that a higher level of insurance coverage be obtained prior to issuance of the permit. 4. All permitees shall agree by obtaining a permit to defend, indemnify and hold harmless the city from any and all losses, costs, damages and expenses on account of activity of the permittee on the public property which is the submit of the permit. 5. The city shall review the application with the assistance of fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required by the nature of the activity proposed for the permit. 6. Any permit issued under this article shall require the permittee to reimburse the city for any costs incurred in the use of city equipment or any assignment of municipal employees, including police and fire personnel, to duty in connection with the activities which are the subject of the permit. The issuing authority shall provide the permit applicant with a list of anticipated costs after conducting the review before a permit is issued. E. Application Fee. A non-refundable permit application fee, as set by city council resolution, must be submitted at the time of application. F. Regulations Adopted. 1. The city may impose reasonable general conditions to govern the relationship of the city and the permittee in respect to the health, safety, and general public 54 welfare as it relates to the activity for which the permit has been issued. The city may require that the actual conduct of a particular activity or any portion thereof only be accomplished with the direct approval and/or supervision of the police department and/or fire officials, or any other technical advisors deemed necessary to protect persons or property. 2. The public property to which the permit relates shall at all times be made accessible to fire, police and other emergency personnel. The permit in no way shall limit the authority of fire, police, or emergency personnel to protect the public health, safety or welfare. 3. The permittee shall be responsible for restoring any area used pursuant to a permit issued under this division to equal or better condition as was prior to use by permittee. 4. The information required by subsection (a) may be amended by the authorized agent of the permit holder, provided that such amendments be submitted in writing and receive the written approval of the city. 5. A permit will not be issued by the city, if it is determined that the activity would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given. 16-408: Construction Debris Container (Dumpsters) A. Purpose. The purpose of this ordinance is to establish minimum standards for construction debris containers (dumpster) for the storage of any construction or demolition debris and require permits for placement on city property. B. Permit Required. Any construction debris container placed on city property must have a permit. C. Application. 1. Application shall be made to the city on a form provided by the city. The city shall review the application with the assistance of fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required. 2. When the applicant has complied with the requirements of this article, a permit shall be issued by the city, unless it is determined that the activity would result in 55 undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given. D. Fees. The permit fee, as determined by resolution adopted by City Council, must be submitted by the applicant prior to issuance of a permit. E. Regulations Adopted. 1. The construction debris container shall be as follows: four (4) sided industry standard steel container; water tight; clearly labeled with the name and phone number of the container owner. The construction and demolition debris stored within the construction debris container shall not exceed three (3) feet in height from the top of the construction debris container; shall not be used for storage of any refuse other than construction or demolition debris. If to be located in the roadway, the construction debris container shall be placed on 2” x 12” timber pads to avoid having direct roller contract with the payment. 2. The construction debris container shall be located outside of the city right-of-way whenever possible. The construction debris container shall not be located in the city right-of-way without first obtaining a permit for the same from the city. The construction debris container shall not be located on an individual lot or parcel for more than six (6) months during any twelve month period; the construction debris container shall not be located on the city right-of-way for more than seven (7) days. 3. The construction debris container shall be placed in a location that will assure the least possible obstruction to pedestrian and vehicular traffic, as well as provide for the safety of the general public and residents living in the area. Any construction debris container located on city property or any vehicle driving surface must have reflective safety material on all corners. Other Safety related items may be required as a condition of the permit and may include flashers, delineation devices, signage, cones, etc. Should temporary traffic lane closures be required, the procedures for start term stationary closures, as stated in the safety manual, shall be followed. 16-409: Special Parking Permit for Persons with Disabilities and for Persons Residing in the Vicinity of the St. Louis Park Senior High School. A. Purpose. The purpose of this section is to provide a permit exempting residents from “no parking” restrictions on streets immediately adjacent to the homes of disabled persons and persons residing in the vicinity of the St. Louis Park Senior High School. B. Application. The person requesting the permit shall make application to the city on a form provided by the city. The city shall review the application with the assistance of 56 fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required. C. Regulations Adopted. When the applicant has complied with the regulations of this article, a permit shall be issued by the city, unless it is determined that parking in the no- parking zone would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given D. Exception. This permit does not exempt vehicles from the provisions of section 30- 153 regarding 12 hour parking restrictions. SECTION 5. Effective Date. This Ordinance shall take effect July 1, 2001. Reviewed for Administration Adopted by the City Council _________ City Manager Mayor Attest:: Approved as to Form and Execution: City Clerk City Attorney 57 SUMMARY ORDINANCE NO. 2198-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO LICENSING BY AMENDING CHAPTER 16 This ordinance amends the city’s licensing ordinance by: Changing Article IV language to read temporary use “Permits”; addiing additional permits for Special Event on City Property and Television or Movie Production on City Property and Other Temporary Use Permits. This ordinance shall take effect July 1, 2001. Adopted by the City Council May 21, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: May 30, 2001 58 RESOLUTION NO. 01-041 A RESOLUTION ESTABLISHING FEES FOR FOOD VENDING MACHINE LICENSE AND VARIOUS SPECIAL USE PERMITS ISSUED BY THE CITY WHEREAS, the Municipal Code authorizes the City Council to establish fees for licenses and permits by resolution, and WHEREAS, License and permit fees are set by individual municipalities taking into account the cost of program administration and fees charged by other municipalities in the metropolitan market. NOW, THEREFORE, BE IT RESOLVED, that effective upon passage, the following license and permit fees are hereby established: Type Fee Business License Class V-Food Vending Machine (each) $15.00 Temporary Use Permits Television or Movie Production Application $50.00 Fee (non-refundable) Construction Debris Container (dumpster) $15.00 Reviewed for Administration: Adopted by the City Council May 21, 2001 City Manager Mayor Attest: City Clerk 59 City of St. Louis Park City Council Agenda Item # 5* Meeting of May 21, 2001 NOTE: Because the bid opening for this item does not occur until 3:00 p.m. on Thursday, May 17 and the agenda will already have gone to print by that time, this item is being placed on the agenda with no lowest responsible bidder identified. All other information contained in the report is accurate and council will be provided with the bid summary sheet prior to Monday evening’s meeting. 5. Motion to authorize ___________as the lowest responsible bidder, and authorize execution of a contract for the 2001 removal and replacement of the four tennis courts at Aquila Park in an amount not to exceed $ _______________ for Capital Improvement Project – Removal and Replacement of four Tennis Courts at Aquila Park Background: The City is in the midst of implementing a rotational tennis court improvement plan. Under this plan, each of the tennis courts that are directly and indirectly (shared costs with the St. Louis Park School District or Benilde- St. Margaret’s) managed by the City are being resurfaced or reconstructed. The Aquila Park tennis courts are scheduled for reconstruction in 2001. The City currently owns and directly manages four tennis courts at Aquila Park, three courts at Carpenter Park, two courts at Northside Park and one court at Shelard Park. In agreement with the St. Louis Park School Board, the City indirectly manages the seven courts at the Senior High School and four courts at the Junior High School. The City is financially responsible for a prorated portion of each of these tennis courts. There are also six courts at Bass Lake Park. These courts are maintained by the City with half of all costs shared with Benilde-St. Margaret’s School. Senior tennis leagues share the tennis courts at Aquila Park along with Benilde-St. Margaret’s School, St. Louis Park Schools and Parks and Recreation programming. The courts have been evaluated by several tennis court experts and need to be repaired. Staff has determined the tennis courts at Aquila Park have the greatest need for replacement in 2001. If no action is taken this year, the Park and Recreation Department may need to consider closing these courts in 2002, or until they are repaired or replaced. Bid Analysis: Bid packages for the 2001 Aquila Tennis court removal and replacement were mailed out on April 27, 2001 to ten contractors and bids are to be opened May 17, 2001 at City Hall. Prepared by: Jim Vaughan, Manager of Grounds & Natural Resources Cindy Walsh, Director of Parks & Recreation Approved by: Charles W. Meyer, City Manager 60 CONSENT ITEM # 6 St. Louis Park City Council Meeting of May 21, 2001 6. Bid Tabulation: Motion to designate F. F. Jedlicki, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $60,044.00 for stormwater improvement project at 8911 Westmoreland Lane – Area No. 3 – City Project No. 01-13 Background: Bids were received on April 26, 2001 for two (2) stormwater improvement projects, Area No. 19 (in the 4000 block of Yosemite Avenue) and Area No. 3 (at 8911 Westmoreland Lane). The City received only one (1) bid for these projects. Advertisement for bids were published in the St. Louis Park Sun-Sailor on April 4, 2001 and in the Construction Bulletin on April 6, 13, and 20, 2001. A summary of the bid results is as follows: Contractor Area No. 3 - #01-13 Area No. 19 - #01-09 Total Bid F.F. Jedlicki, Inc. $60,044.00 $107,525.50 $167,569.50 Engineer’s Estimate $57,500.00 $ 78,000.00 $135,500.00 Evaluation of Bids: Upon review of the bid it was determined that the bid for Area No. 19 was approximately $30,000 above the Engineer’s estimate. The bid for Area No. 3 was $2,500 above the Engineer’s estimate. After reviewing this with the City Attorney, it is recommended the bid for Area No. 19 be rejected and the bid for Area No. 3 be awarded. The contractor, F. F. Jedlicki, Inc., has agreed to the deletion of Area No. 19 from the contract and has provided a letter documenting this. The City Attorney and Public Works staff feel that awarding this single project and rebidding Area No. 19 with other larger projects is acceptable and in the best interests of the City. Staff has determined that F. F. Jedlicki, Inc. submitted the lowest responsible bid and recommends a contract be awarded to the firm in the amount of $60,044.00. Prepared By: Carlton Moore, Superintendent of Engineering Approved By: Charles W. Meyer, City Manager 61 CONSENT ITEM # 7 St. Louis Park City Council Meeting of May 21, 2001 7. Bid Tabulation: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder for conventional and driveway bituminous mixture No. 2340, and Midwest Asphalt the lowest responsible bidder for bituminous cold patch material and authorize execution of contracts with the firms in the amount of $58,250.00 and $4,900.00, respectively. Background: Bids were received on May 14, 2001 for furnishing bituminous patching materials used for street repair as provided in the Street Division’s 2001 Operating Budget. An advertisement for bids was published in the St. Louis Park Sun-Sailor on May 2, 2001 and in the Construction Bulletin on April 27, 2001. A summary of the bid results is as follows: Plant Mix Bituminous Mixtures (Price Per Ton) Vendor Bituminous Mix 2340 Type 41B Bituminous Mix 2340 Type 41A Bituminous Cold Patch * Bituminous Roadways $ 22.50 $ 23.50 $ 50.00 * Midwest Asphalt $ 24.50 $ 24.90 $ 49.00 C.S. McCrossan, Inc. $ 23.00 $ 24.00 No Bid Commercial Asphalt $ 26.20 $ 27.30 No Bid 2000 Price $ 23.25 $ 24.25 $ 47.50 Basis of Bids 500 tons 2,000 tons 100 tons * Recommended Low Bid 62 Financial Considerations: As stipulated in the bid documents, travel time to and from the asphalt plant is significant to the bid award. Current rates for a truck and operator are $56.41 per hour. Following is an analysis of the bids considering plant location: 1. Round trip drive time from Louisiana Avenue and Minnetonka Boulevard to: Midwest Asphalt 36 minutes = 0.60 hour C.S. McCrossan, Inc. 43 minutes = 0.72 hour Commercial Asphalt Company 45 minutes = 0.75 hour Bituminous Roadways, Inc. 46 minutes = 0.77 hour 2. Cost per trip: Midwest Asphalt 0.60 hour x $56.41/hour = $33.85 C.S. McCrossan, Inc. 0.72 hour x $56.41/hour = $40.62 Commercial Asphalt Company 0.75 hour x $56.41/hour = $42.31 Bituminous Roadways, Inc. 0.77 hour x $56.41/hour = $43.44 3. Total cost per ton: Basis of calculation - 8 tons per trip. Vendor Bituminous Mix 2340 Type41B 500 tons Bituminous Mix 2340 Type 41A 2000 tons Bituminous Cold Patch 100 tons * Bituminous Roadways, Inc. $27.93 $28.93 $55.43 (($22.50x8)+$43.44)÷8) (($23.50x8)+$43.44)÷8) (($50.00x8)+$43.44)÷8) * Midwest Asphalt Corp. $28.73 $29.13 $53.23 (($24.50x8)+$33.85)÷8) (($24.90x8)+$33.85÷8) (($49.00x8)+$33.85)÷8) C.S. McCrossan, Inc $28.08 $29.08 No Bid (($23.00x8)+$40.62)÷8) (($24.00x8)+$40.62)÷8) Commercial Asphalt Co. $31.49 $32.59 No Bid (($26.20x8)+$42.31)÷8) (($27.30x8)+$42.31)÷8) * Lowest Cost in Bold 63 Based upon the information provided, the lowest total cost for the two (2) 2340 specification bituminous mixtures is when the mixtures are picked up at Bituminous Roadways facility. The lowest total cost for bituminous cold patch is when the material is picked up at the Midwest Asphalt Corporation facility. Accordingly, staff recommends the 2340 specification bituminous mixture supply contract be awarded to Bituminous Roadways, Inc. and the bituminous cold patch supply contract be awarded to Midwest Asphalt Corporation. If the contracts are awarded as recommended, the total 2340 specification bituminous mixture cost for 2001 will be $58,250.00, as bid by Bituminous Roadways, and the total bituminous cold patch material will be $4,900.00, as bid by Midwest Asphalt Corporation. When the 2340 specification bituminous mixture cost is combined with the cost of bituminous cold patch material, the 2001 estimated bituminous material expenditures will be approximately $63,150.00. The 2001 Street Division Operating Budget for the bituminous materials is $59,029. The bid amount is derived using the estimated quantities and the bid unit price. The actual quantity to be used shall be reduced so as not to exceed the budget amount. If this is not possible, a budget revision will be requested to cover the additional expenses. Prepared by: Scott Merkley, Public Works Coordinator Through: Michael Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager 64 CONSENT ITEM # 8 St. Louis Park City Council Meeting of May 21, 2001 8. Motion to adopt the attached Resolution to enter into an Agreement with Hennepin County for the installation of a traffic signal system at the intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue Background: The intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue was identified as the main entrance/exit to the proposed Park Commons redevelopment area. Last year, city staff initiated discussions with Hennepin County requesting the installation of a new traffic signal system at this intersection to facilitate ingress and egress and to accommodate pedestrian traffic across Excelsior Boulevard. The site does not meet the technical warrants for a signal and, therefore, installation cannot be approved by County staff. However, the Minnesota Pollution Control Agency (MPCA), through their review of the Environmental Assessment Worksheet (EAW) prepared for the Park Commons site, has specified that a traffic signal would be a condition of the issuance of an Indirect Source Permit (ISP) for the development. A Traffic Impact Study conducted by URS/BRW indicates that efficient traffic flow on Excelsior Boulevard can be maintained through modifications in signal timing. A resolution outlining these facts was adopted by the City Council in March 2001 and forwarded to the County for consideration. Discussion: County staff have prepared a cooperative agreement outlining terms and conditions of the signal installation. Important aspects of the agreement include the following: • Signal system will be designed and constructed by the city; it will include Emergency Vehicle Preemption (EVP) and interconnection capabilities • All costs of the installation will be borne by the city including on-going electrical and maintenance costs • County staff will be responsible for establishing signal timing; requests by the city for changes in the timing must be submitted to the County for approval • If the redevelopment does not occur or if the redevelopment plans change significantly, the County can withdraw its authorization for the signal installation The City Attorney has reviewed the agreement. It was approved by the Hennepin County Board of Commissioners on April 17, 2001. Recommendation: Adoption Attachment: Resolution Prepared by: Maria Hagen / Mike Rardin, Public Works Approved by: Charles W. Meyer, City Manager 65 RESOLUTION NO. 01-042 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR A NEW TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF EXCELSIOR BOULEVARD (CSAH 3) AND NATCHEZ AVENUE WHEREAS, the City Council of the City of St. Louis Park has requested of the County the installation of a permanent traffic control signal system at the intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue in relation to the Park Commons redevelopment project, and WHEREAS, the County has indicated its willingness to provide authorization to the City for the installation of a traffic signal at said intersection under the terms and conditions outlined in a cooperative construction agreement, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; now therefore, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute Hennepin County Agreement No. PW 13-05-01 for installation of a new traffic control signal system at the intersection of Excelsior Boulevard (CSAH 3) and Natchez Avenue in accordance with the terms and conditions set forth in Agreement No. PW 13-05-01. Reviewed for Administration: Adopted by the City Council May 21, 2001 City Manager Mayor Attest: City Clerk 66 CONSENT ITEM # 9A OFFICIAL MINUTES PLANNING COMMISSION May 2, 2001--6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian, Sally Velick MEMBERS ABSENT: Michael Garelick STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells 1. Call to Order - Roll Call Chair Velick called the meeting to order at 6:00 p.m. 2. Approval of Minutes of April 18, 2001 Mr. Gothberg moved approval of the minutes and the motion passed on a vote of 5-0 with Gothberg, Morris, Robertson, Timian and Velick voting in favor. (Note: Ms. Bissonnette arrived shortly after the vote.) 3. Hearings: A. Request of TOLD Development Company for approval of a Preliminary Plat and Preliminary PUD for Park Commons East, exclusive of the Bally’s property with variances to the R-C lot width requirements and Subdivision street and utility requirements. Case Nos: 01-06-S, 01-07-PUD, and 01-19-VAR Janet Jeremiah, Planning and Zoning Supervisor, presented a staff report. She concluded by saying that the revised Preliminary PUD and Plat plans are still being reviewed by staff and the City Attorney. Revisions have been requested and are expected early the week of May 7. She added that a parking study of the revised plans is also being completed. For these reasons, she stated that staff is recommending continuance of the public hearing until the review and recommendations are complete. Bob Cunningham, of TOLD Development, commented on the site plan. He highlighted items which have changed and will change by May 16. He stated that the most important change involves the Bally Health Club property. Previously the site had been shown as an office development and the health club had been shown as a potential tenant in the second level of a building along the town green. Mr. Cunningham said that 67 TOLD has been unable to enter into a lease or purchase agreement with Bally’s and has run out of time to include the site and its use in the plan in order to maintain the August 1 ground breaking schedule. As a result, TOLD moved some of the residential units to the second, third and fourth levels of the building, making it residential above retail which is consistent with the balance of the space along Excelsior Boulevard and the space adjacent to the town green on the west. Mr. Cunningham noted a revision of condominiums so that TOLD can meet its commitment to the City to deliver not less than 35 owner occupied housing units. They have been moved because the traffic study recently completed by BRW suggested some major road modifications at Monterey Drive and Excelsior Blvd. which narrowed the site considerably and removed some of the owner occupied housing opportunities. Mr. Cunningham displayed elevations of Phase I and noted that there is a residential flavor which includes balconies, building articulation, monumental corners, and a variety of accent materials and colors. Mr. Cunningham pointed out that the Phase I boutique office building has been excluded from the Phase I application because of the softening of the office market in the Twin Cities, specifically in western and southwestern suburbs. Commissioner Timian asked Mr. Cunningham to review housing types, number of housing units, and types of retail and office in Phase I. Mr. Cunningham responded that Phase I will not include office other than the residential management office. Retail square footage in Phase I is approximately 60,000 sq. ft. in the elevations along Exc. Blvd. and the town green on both sides. Building amenities, property management and building leasing offices have been moved from future phase to Phase I located along 38th/39th Street. When some residential units were moved from future phase to Phase I, it was deemed important to have the building amenities up and running early in the project. Mr. Cunningham said that the total amount of residential units included in the first phase is about 350 to 355 units. All 18 affordable housing units are included in Phase I. Mr. Cunningham said the housing mix would be 5% studio, 40% one bedroom, and 55% two bedroom in Phase I. Mr. Cunningham added that the rents are being projected one year to one and ½ years out as being $1.30 per square foot. Mr. Robertson commented that he sees a lot of repetition in the elevations. He said he would hope to see more variety in window size, placement and roof lines rather than relying only on different materials and colors for variation. Mr. Cunningham said that in addition to different materials and colors, there will be some arched windows and corner elements in the retail. He said the actual floor to floor height will change from 14 feet to 20 feet along the street. Mr. Cunningham said he accepted Mr. Robertson’s remarks but would like to come back later with color documents so that changes are easier to visualize. Mr. Cunningham mentioned a seven foot massing Styrofoam model of the project. Chair Velick asked for details about the town green plaza in Phase I. 68 Mr. Cunningham said the entire town green from Excelsior Boulevard to Wolfe Park is included in Phase I. The area not completed would be streetscape between the curb and the future building so as not to damage the streetscape during future construction. Temporary sidewalks will be constructed. Not all facades of the streetscape will be complete until all phases are finished. Mr. Timian said there is not a high trust value currently in the community about the project because of changes and delay. He asked Mr. Cunningham to comment on the remaining phases. Mr. Cunningham said no development will be suggested in the revision area. He referred to the area of 196 housing units with grade level retail. Mr. Cunningham stated that his expectation is that construction would get underway in early August 2001. He went on to say that mass grading and curb work will be done during 2001. Landscaping and sidewalks won’t be complete until August 2002. It is hoped that the first retailers will open in September 2002 and the first housing units will be occupied in 2002. Housing units will be phased in during Phase I. Mr. Gothberg asked if open spaces reserved for later phases will be cleaned out and maintained with grading, seeding, and mowing. Mr. Cunningham responded that the future phase areas will be cleared of debris, graded, seeded, and sidewalks will be installed where necessary. Responsibility for mowing will be determined soon. Chair Velick opened the public hearing. Ms. Jeremiah remarked that some interim parking may be developed in some of the future phase blocks if it seems like a good idea to address any overflow that might have been accommodated by parking in the future phases. Recommendations should be available at the May 16 Planning Commission meeting. Josh Gruber, 4608 W. 39th St., said he is a ten year resident and has followed the project since the charrette stage. He said he commends the City for the Park Commons initiative. He stated his concerns began regarding density issues. He commented on the development at 50th and France in Edina and noted that none of the development is over four stories in height. He asked why the Edina development was able to be economically viable under four stories. Mr. Gruber asked why Bally’s was replaced with a second, third and fourth story. Mr. Gruber said he does not feel confident about the developer’s presentation. He is concerned about how the proposed town green has changed over time. He understands how technically everything is in compliance but said he is concerned that the interests of the residents are being compromised. Chair Velick said she wanted to reassure residents that the main concern of the Planning Commission is to do its best volunteer work in representing residents and the City. 69 Betsy Baker, 3905 Kipling, said she believed the reason Bally’s was part of the mix was because of a cost gap in developing the project. She stated her understanding was that that building couldn’t be built without Bally as a tenant. She thought last summer TOLD stated that apartment rentals would be $1.50 per square foot. She commented on the 25 year TIF. Ms. Baker said one of the neighborhood concerns is for the financial stability of the rest of the City. She commented on the soft market and rental rates going down to $1.30 per square foot. Ms. Baker asked if the cost gap has widened. Mr. Cunningham responded that he did not recall ever underwriting the project at $1.50 rent for the residential units. He said it is $1.30 per square foot per month that is being discussed. He stated that when TOLD was selected for the project last July they were projecting out two years. Currently TOLD is projecting out one plus year on rents. He said he believes that TOLD has consistently talked about $1.30 - $1.35 per square foot per month on residential units. Mr. Cunningham said the inclusion of a redevelopment at the Bally’s location would be economically advantageous and the gap did grow when TOLD had to move on without that site. He said the site is still economically viable for redevelopment and TOLD is excited about getting underway in August. Mr. Cunningham said the residential components north of 38th/39th Street are economically viable and the office building will be economically viable too. Mr. Morris asked about Mr. Gruber’s question regarding Bally’s as a second floor tenant. Mr. Cunningham said when Bally’s was proposed as a second level tenant, the second floor would have had approximately a 20 ft. floor to floor height. When time ran out with negotiations and TOLD had to move on, the Bally’s proposal was replaced with residential, adding about 8 feet of height to the building. He said the change is not substantial in terms of its building façade. He explained that when TOLD started to revamp the site plan and looked at where the density could be transferred it worked out in very round numbers to be a four level building. Claudia Madison, 3931 Joppa Ave. S., asked when the new plans would be presented at a City Council meeting. Ms. Jeremiah responded that staff is recommending continuance of the public hearing to the next Planning Commission meeting, making additional information available for a full analysis. She explained after that the preliminary plans could go on to the City Council on June 4. Ms. Jeremiah added that TOLD is also working on the Final PUD and Final plat for Phase I which would be coming back to Planning Commission and the City Council. She explained that generally public hearings are not held for the final phase although the City Council can call a public hearing. Ms. Jeremiah said that she expects future phases will probably go through another public hearing process. Ms. Madison stated that residents would probably want to talk to the City Council again about the project. Ms. Madison said she isn’t comfortable with the changes and she is concerned about the gap. Ms. Madison stated that residents need to see a full accounting 70 of the figures in regard to the changes. Ms. Madison expressed concern that major tenants have not been identified. She stated that she agreed with Mr. Robertson’s remarks concerning repetition of design. She said she didn’t believe the buildings were four stories from the street, and are closer to a five story building in height. Mr. Cunningham said TOLD is entirely confident in the project and is moving forward in planning and lease agreements. He went on to say that TOLD is meeting with retailers almost daily. Mr. Cunningham added that TOLD is confident that all phases of the project are financially viable. Steven Steuck, 8812 West 36th St., inquired about new roadways in the project. Ms. Jeremiah responded that new roadways are being proposed which are consistent with past plans. These include the new roadways on either side of the town green as well as Park Edge Road. Ms. Jeremiah added that improvements to Monterey Drive, which would add some southbound capacity, have been recommended as part of the traffic study. She explained that the remainder of the connections to the project are proposed as private roads that would mainly serve the private development, but could be used as public streets. Jim Rocklin, 4724 Vallacher, thanked Chair Velick for her comments about the Planning Commission’s work. Mr. Rocklin referred to an article that appeared in the Sun Sailor. Mr. Rocklin stated that residents of the 55 homes on Vallacher are very upset with the City Council. He commented on neighborhood reaction to changes in story height and density. He said trust level among residents is very low. Mr. Rocklin said he understood that rental for the 7 story building would be $1.50 per square foot and rental for the buildings in front would be $1.30. Mr. Rocklin continued by saying that residents had always been concerned about height on Excelsior Blvd. and they didn’t understand why the 4 story buildings couldn’t be kept back by the park. He asked why Bally’s negotiations had fallen apart. He expressed concern about the cost gap. Mr. Cunningham said when he had spoken about a $1.30 - $1.35 rent, he meant Phase One. He said that in public hearings TOLD did say that rents for a 7 story building would have to be higher than that. In regards to the Bally’s transaction, Mr. Cunningham said that TOLD tried to make it happen but ran out of time to include the site and its use in the plan in order to maintain the August ground breaking schedule. Mr. Cunningham said there is a possibility of still including the site in the project. Mr. Morris asked Mr. Cunningham to explain the typical per story height and to discuss the height of the 4 story building. Mr. Cunningham responded that the 4 story buildings vary. He said the height of the residential floors is relatively consistent at 9 feet from floor to ceiling and 10 feet from the floor to the floor above. He said the retail floor to floor heights on buildings located to the east and west of the parking ramps are 14 feet. The floor to floor height of the 71 building located on the town green on the east side is 20 feet. Mr. Cunningham said these buildings are generally about 50 feet in height. Mr. Rocklin asked what the bank’s height is for comparison purposes. Ms. Jeremiah said she will bring that information to the next public hearing. She said a good example would be Fern Hill Place, next to City Hall, which has ground floor retail and three stories of residential above. She said she would check the ground floor height of that building. She mentioned a substantial grade difference in the back of the building. Steve Buffington, 3800 Huntington, said he believes the total elevation of the Excelsior Blvd. buildings will be 50 feet. He stated that Councilmember Nelson told Ms. Madison that the Citizen’s bank building is 45 feet high. Mr. Buffington said he is concerned that there will be three or four blocks of buildings of that height on Excelsior Boulevard. He asked if the Planning Commission and the City Council have visited the new site lines from the neighborhood. Mr. Buffington went on to say that residents are concerned about changes in apartment pricing and he doesn’t believe a distinction was made in pricing between phases in the past. He said he wonders what the lowering of rents means for the viability of the project. Mr. Buffington concluded by saying he is very concerned about the ability of Fire vehicles to respond to the neighborhood given traffic congestion at rush hour. The only major intersection to get into the neighborhood from the north is at Monterey Drive. He believes it is a significant safety problem and the two extra lanes proposed will not help. Mr. Morris asked that the Planning Commission incorporate this concern into a recommendation for staff by requesting that the Fire Dept. review the traffic impacts and concerns to determine if there is a safety issue. Mr. Rocklin said he would like to know the height of the Lang Nelson office building. He commented that residents were told a building of that height would never be built again on Excelsior Boulevard. Mr. Gothberg asked if TOLD could bring the model to City Hall for a period of time prior to and during the next Planning Commission meeting. Mr. Gothberg commented that relative to the changes in the second phase, TOLD has been very good at improving green space. He mentioned concern about changes to the second phase in the far corner where green space has been lost and concern about town home arrangement where there was green space. Mr. Gothberg stated that he is concerned about those arrangements in future phases and thinks it needs to be looked at very closely. Mr. Timian asked Mr. Cunningham if the Lang Nelson building and the Wells Fargo bank building could be included on the model for a reference point. Mr. Cunningham said if staff could provide building dimensions, he would try to do that. 72 Mr. Morris moved that the public hearing be continued to May 16, 2001 and the motion passed on a vote of 6-0 with Bissonnette, Gothberg, Morris, Robertson, Timian and Velick voting in favor. B. Request of Sholom Community Alliance for preliminary and final plat and PUD approval for Assisted Living Building with Alzheimer’s Pavilion Case Nos. 01-07-S and 01-18-PUD 3610 Phillips Parkway Ms. Erickson presented a staff report. Ms. Erickson noted that prior to City Council consideration the applicant needs to revise the landscape plan regarding bufferyard along Phillips Parkway, revise the final plat drawing to reflect perimeter utility easements, and add sidewalk along public ways. Chair Velick asked commissioners for their comments. Mr. Morris asked about shading to the east of Phillips Parkway. Ms. Erickson responded that she doesn’t believe there will an issue with shading. Ms. Erickson stated that staff is working with the Fire Dept. to look at their standards for emergency calls for nursing home and elderly buildings. Staff will be discussing this with the applicant. Chair Velick opened the public hearing. Herb Margolis, development consultant for Sholom Alliance, said that sidewalk and landscape plans should be received by staff very soon. He described front and rear driveway access to the building. Steven Steuck, 8812 W. 36th St., asked for the building dimensions. Ms. Erickson replied that the height is 47 feet. Mr. Margolis said the Alzheimer’s building is one story and the profile from Phillips Parkway is very low. Mr. Steuck asked if the trail could pose a safety problem for patients. Chair Velick commented on security precautions generally practiced by Alzheimer’s facilities. Ms. Bissonnette stated that Sholom is a great asset to the neighborhood. Chair Velick closed the public hearing. Mr. Morris moved approval of the request of the Sholom Community Alliance for preliminary and final plat and PUD approval for an assisted living building with Alzheimer’s Pavilion subject to conditions recommended by staff. The motion passed 73 on a vote of 6-0 with Bissonnette, Gothberg, Morris, Robertson, Timian and Velick voting in favor. 6. Communications A. Other Chair Velick thanked staff for providing commissioners with the Minikahda Vista neighborhood newsletter. Chair Velick also thanked the City for permitting her to attend a conference on environmental planning and a conference on zoning. 7. Miscellaneous 8. Adjournment Chair Velick adjourned the meeting at 7:30 p.m. Respectfully submitted, Nancy Sells Administrative Secretary 74 CONSENT ITEM # 9B MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, April 11, 2001 Council Chambers 5:00 p.m. MEMBERS PRESENT: Catherine Courtney, William Gavzy, Anne Mavity, Shone Row (5:20 p.m.), Judith Moore (5:22 p.m.) STAFF PRESENT: Michele Schnitker, Sharon Anderson, Cindy Stromberg, Sue Wiseman, Nancy Sells and Tamra Bokal OTHERS PRESENT: Bridget Gothberg, former Commissioner Steve Wischmann, Kern, DeWenter, Viere Ltd. 1. Call to Order The meeting was called to order at 5:15 p.m. 2. New Business a. Resolution No. 489 – Recognition of Appreciation of Bridget Gothberg Commissioner Gavzy stated that Ms. Gothberg had served as a Commissioner on the board for 8 years and that the board members and staff wished to express their appreciation to her. Commissioner Gavzy read the resolution to Ms. Gothberg and the Board, and presented her with a plaque. Ms. Gothberg acknowledged she enjoyed serving as a part of the Board. She further stated that she thought the Board is full of bright people who are enthusiastic about providing housing solutions in St. Louis Park. Ms. Anderson expressed that she thought Ms. Gothberg brought a lot of passion to her position as Commissioner. In addition, she thanked her for her hard work and dedication. Ms. Gothberg stated that when she began she was the only woman on the Board. She shared that she learned a great deal and it provided a very rich experience for her. She thanked the Board and Staff for the plaque. 75 Ms. Schnitker thanked Ms. Gothberg on behalf of the Authority, and stated that her contributions would be seen for years to come. An example Ms. Schnitker gave of one of the great contributions was Louisiana Court. Commissioner Gavzy moved that the Board pass the resolution thanking Ms. Gothberg for her service. Commissioner Courtney seconded the motion, and the motion passed on a vote of 3-0 with Commissioners Courtney, Gavzy and Mavity voting in favor. Ms. Gothberg expressed her thanks to the Board and Staff. 3. Approval of Minutes for March 14, 2001 Commissioner Courtney moved approval of the minutes of March 14, 2001. Commissioner Row seconded the motion, and the motion passed on a vote of 4-0 with Commissioners Courtney, Gavzy, Mavity and Row voting in favor. 4. Hearings: None 5. Reports and Committees: None 6. Unfinished Business: None 7. New Business (Cont.): b. Audit Services Discussion – Kern, DeWenter, Viere Ltd. Steve Wischmann, accountant in-charge, was introduced. Ms. Schnitker explained that the Board approved the contract with Kern et al. during the March 11, 2001 meeting to perform the Authority audits for the next three years. She invited Mr. Wischmann to discuss the role of his firm and the unique services that they will offer. Commissioner Gavzy expressed that the Board is relying on the auditors to provide the fiduciary oversight that the Board members are charged with. Mr. Wischmann gave a firm overview. He is personally staffed out of the St. Cloud office and is 100% dedicated to performing audits on governmental organizations including housing authorities. He went on to discuss the services that the firm would provide during the first year under the contract. These include providing an opinion on the audited financial statements which is required by HUD. They will also provide a management letter, which will go through the Authority's management controls and accounting procedures. The accounting firm will provide ways to streamline and improve systems in order to promote efficiency. They will also do a detailed analysis of the entity structure to 76 determine any efficiencies that could be implemented. Mr. Wischmann expressed that his firm is employed by and for the Board and that it is their duty to give the "good housekeeping" seal of approval for the tasks and standards that the Authority is required to follow through the various HUD programs. Mr. Wischmann indicated they planned to be in to begin the audit in the middle of May. They will make a preliminary presentation to management and the Board to go over results and recommendations and then would schedule the final presentation to the Board. Mr. Wischmann stated that the audit firm is not required to provide an opinion on internal controls but that they will document the controls based on their findings and make recommendations based on those findings. Commissioner Gavzy asked the difference between a report and opinion. Mr. Wischmann explained that an opinion is a higher level of assurance. Commissioner Gavzy asked whether HUD required an opinion on the internal controls. Mr. Wischmann answered no. Commissioner Gavzy asked what the timeframe would be for presenting the audit. Mr. Wischmann indicated that he hoped for a June meeting for at least the preliminary meeting. Ms. Schnitker stated that July would be the latest that the Board would want the final presentation and that the preference would be June. Commissioner Gavzy asked if any of the Commissioners should attend the preliminary meeting. Commissioner Mavity indicated she didn't think that would be necessary unless there was a major problem. Mr. Wischmann responded that it would be informal, so if anyone feels uncomfortable with reading financial statements it would be a great meeting to attend. Commissioner Gavzy stated that the Board Members would be interested in having notification of the preliminary meeting. Commissioner Gavzy asked if any formal action was required at this time. Ms. Schnitker responded that no formal action needed to be taken. Mr. Wischmann stated that his firm will be doing the audit for the City of St. Louis Park as well and that they have been on-site already working on that audit. Commissioner Mavity asked about the separation of the audit between the City and the Housing Authority. Mr. Wischmann responded that his understanding is that there is separation between the City and the Housing Authority. Ms. Schnitker stated that the Housing Authority has a contract with the City to provide financial accounting services but that all systems are completely separate. Mr. Wischmann indicated that they would not rely on the audit from the City. They will make sure that the duties of finance staff to both the City and the Housing Authority are compatible. 77 Mr. Wischmann stated he is looking forward to working on the audit and will be in touch. He promised a marked improvement over the timing of the previous audit firm. c. Revenue Recapture Ms. Schnitker updated the Board on where the Housing Authority is with Revenue Recapture. She indicated that they would like to update the Board on an annual basis and that the end of the fiscal year would be the best time to do so. She went on to talk about the results, which include the submission of 39 accounts by staff for a total of $47,000. They have collected almost $27,000 of this to date. This program began in July of 1996. Ms. Moore asked what fees we pay for this service. Ms. Schnitker responded that no fees are paid for this service. It is a program through the Department of Revenue for governmental agencies. She went on to explain that while this is a great tool, the Housing Authority does everything they can to work with the individuals to collect the money up front and that this is a tool of last resort. d. Section 8 Project-Based Assistance Program Ms. Schnitker requested the Board's approval to explore the new Section 8 Project-Based Assistance Program. This would include project-basing up to 15% or 40 Section 8 units. The Authority will look at it on a case-by-case basis. She explained that this program is similar to tenant-based Section 8 except that the units would be tied to certain properties. This would mean a contract with a private owner of a development for them to operate a percentage of project-based units. The Housing Authority would establish the waiting list and everyone on the current waiting list would be given the opportunity to be added to the new list. The landlord would still need to screen the tenants and the rents would be income based like the standard Section 8 program. Commissioner Moore asked what the incentive would be for the landlord. Ms. Schnitker explained that the individuals that would be interested would have a mission to provide affordable housing. She also talked about incentives offered such a vacancy payment. Commissioner Mavity asked at what percentage was the vacancy payment. Ms. Schnitker stated that it was at the same rate as the rent payment for up to 60 days. Commissioner Moore asked whether any rental owners have been surveyed about their willingness to participate. Ms. Schnitker talked about the interest shown by Vail Place and Wayside House. PPL has also indicated interest. Commissioner Mavity questioned how we meet the housing needs of the entire population when these programs target a particular group of people such as single women with children. Ms. Schnitker stated she was not able to answer the question at this time. 78 She explained that she is looking for the Board's approval to begin looking at this program so that the Authority can develop selection criteria. She went on to explain that exploring the program further does not mean that the Authority would have to award any contracts. Ms. Schnitker then talked about how utilization has become an issue to not only the St. Louis Park Housing Authority, but with other Housing Authorities across the nation as well. She discussed that we could, through the selection criteria, address whether we want to utilize new construction or major rehabilitation projects for this program. She explained a contract can be entered into for up to 10 years and this could be tied into TIF monies, including automatic renewals. Commissioner Moore questioned how a standard apartment owner would find this program valuable. Commissioner Gavzy explained that with Park Commons development, as an example, the City is contributing millions of dollars to the project on the condition that Park Commons provides a certain percentage of rental units as affordable housing. Commissioner Moore stated another concern that the landlords would allow the properties to deteriorate. Ms. Schnitker explained that the Authority would have control on whether to enter a contract with a landlord/developer. The contracts would also include conditions by which the contracts could be terminated. Ms. Schnitker talked about the Park Commons project. TOLD Development is participating because they have a commitment to the City. We would be able to lock into a contract for 20 years. She also discussed Louisiana Court and that with this program they would be able to set aside a certain number of units for low-income housing and therefore could attract more renters. Not more than 25% of a building can be project-based housing unless it is a special needs building. Commissioner Gavzy questioned whether the Authority would seek Board approval for each contract. Ms. Schnitker clarified that the Authority would obtain Board approval for the selection criteria chosen, in addition to each contract. Ms. Schnitker stated that the HA's utilization rates are creeping up, but have been a struggle. HUD had a "fair share" allocation this year for additional Section 8 vouchers, but the Authority did not participate because of the difficulty of utilizing what we currently have. Ms. Schnitker explained that in the future, all housing authorities would be graded on utilization. Commissioner Courtney stated that for her, the increased utilization through project basing is the deciding factor. Commissioner Moore questioned how project basing would increase utilization. Ms. Schnitker gave an example that we currently have 230 people using Section 8. If we give an additional 18 project-based units to Park Commons, this would bring the total number up to 248. Commissioner Moore brought up the 18 Hollman units. Ms. Schnitker explained that Hollman units fell through because they could not obtain financing due to the 79 40-year contracts that were required for affordable housing. Ms. Schnitker further stated that the project-based housing contracts would be 10 to 20 year contracts. The TOLD project would be a 20-year contract tied to the TIF money. Commissioner Gavzy stated that the Housing Authority would not risk anything by exploring project-based housing. Ms. Schnitker stated that the Authority might look at utilizing the Minneapolis waiting list to reduce the number of Hollman units that they have to develop. Commissioner Gavzy questioned that HUD allows up to 20% project-based housing but that the Authority is requesting only 15%. Ms. Schnitker explained that 15% is a large number of units to utilize and that if the Authority needed more, they would be able to come back to the Board for authorization. Commissioner Moore asked if other developments are being considered besides Park Commons. Ms. Schnitker responded that she is not aware of any other developments under consideration, however, project-basing might be a tool for the City to use to create more affordable units. Ms. Schnitker reiterated that the Authority is still in the research phase and wants the Board's approval before developing selection criteria. In addition, the selection criteria would need to be approved by the Board, as well as any contracts. Commissioner Courtney moved to approve Section 8 Project-Based Assistance. Commissioner Mavity seconded the motion. The motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. 8. Communications a. Claims List No. 04-2001 Commissioner Courtney asked about the Brooklyn Park Budget Car item. Ms. Schnitker explained this was a TRAILS interim disbursement due to the purchase of a vehicle by a TRAILS participant. Commissioner Gavzy asked that the pages be labeled to separate public housing, TOP and Section 8. Commissioner Courtney moved ratification of Claims List No. 04-2001. Commissioner Moore seconded the motion, and the motion passed on a vote of 5- 0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Communications Ms. Schnitker introduced Tamra Bokal as the new housing secretary. 80 Ms. Schnitker mentioned an article in the paper on Section 8 home ownership. She stated that very few communities are participating because of the criteria. She talked about CASH which is a program to help purchase homes for low- income individuals. The City funds CASH through CDBG funds, and that we may want to look at partnering with CASH in the future to participate in this program. Ms. Anderson updated the Board on an eviction proceeding at Hamilton House. 9. Adjournment Commissioner Courtney moved to adjourn the meeting at 6:25 p.m. Commissioner Row seconded the motion and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. Respectfully submitted, ________________________ Shone Row, Secretary 81 CONSENT ITEM #9C MINUTES POLICE CIVIL SERVICE COMMISSION MAY 15, 2000 THIRD FLOOR CONFERENCE ROOM - CITY HALL 1. The meeting was called to order at 11:45 a.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present were Staff Liaison/Human Resources Manager Nancy Gohman and Durell Vieau, HR Technician. 2. The Commission discussed the Police Officer eligibility register. Review was made of the background summary materials as well as discussion with Chief Luse. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to remove Police Officer candidate Mark Pearson from the eligibility register based on his failure of the background investigation. The motion carried. 3. A motion was made by Commissioner Trummer, seconded by Commissioner Leary to approve the minutes of March 27, 2000. The motion carried. 4. The Commission reviewed and discussed changes to the by-laws in regard to the top three. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to adopt the changes to the by-laws sections 11 & 12. The motion carried. 5. The Commission discussed certification of the Police Officer candidates. A motion was made by Commissioner Trummer, seconded by Commissioner Leary to certify the fourteen candidates. 1) Jay Forester 2) Gregory Lease 3) Scott Schultz 4) Sarah Gorman 5) Mark Kampa 6) Jerrold Martin 7) Hilary Harris 8) Chris Ludgate 9) Hugh Curry 10) Thomas Diaz 11) Sean Zauher 12) Carra Otten 13) Vladmir Bronshteyn 14) Riccardo Munoz The motion carried. 6. The Commission adjourned at 12:00p.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 82 MINUTES POLICE CIVIL SERVICE COMMISSION MAY 24, 2000 THIRD FLOOR CONFERENCE ROOM - CITY HALL 1. The meeting was called to order at 1:02 p.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present were: Staff Liaison/Human Resources Manager Nancy Gohman and Police Lieutenant Kirk DiLorenzo. 2. A motion was made by Commissioner Trummer, seconded by Commissioner Leary to approve the minutes of May 15, 2000. The motion carried. 3. The Commission discussed the Sergeant eligibility register. Review was made of the background summary materials as well as discussion with Lieutenant DiLorenzo. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the eligibility register. The motion carried. 4. The Commission adjourned at 1:10p.m. Respectfully submitted, Nancy Gohman City Staff Liaison to the Police Civil Service Commission 83 MINUTES POLICE CIVIL SERVICE COMMISSION JUNE 19, 2000 SECOND FLOOR CONFERENCE ROOM - CITY HALL 1. The meeting was called to order at 9:03 a.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present were Police Chief John Luse and Staff Liaison/Human Resources Technician Durell Vieau. 2. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the minutes of May 24, 2000. The motion carried. 3. The Commission discussed the Police Officer eligibility register. Review was made of the background summary materials as well as discussion with Chief Luse. A motion was made by Commissioner Trummer, seconded by Commissioner Leary to remove Police Officer candidate Hilary Harris from the eligibility register based on her failure of the background investigation. The motion carried. 4. The Commission discussed the memo dated June 13, 2000-Recruitment Process. Durell Vieau, Human Resources Technician and John Luse, Chief, discussed the examination process. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the Police Officer Recruitment Process. The motion carried. 5. Chief Luse discussed Department reorganization. He presented an article entitled, “Problem- Solving Detectives: Some Thoughts on Their Scarcity” and discussed the future plans for the Police Department organization. The Commission supported the reorganization based on the information presented. 6. The Commission discussed the Charter Commission’s review of Police and Fire Civil Service Commissions. Commissioner Trummer volunteered to write a letter to the Charter Commission on behalf of the Police Civil Service Commission with the recommendation that the Charter Commission keep citizen involvement in police processes to ensure the continuance of community policing in St. Louis Park. 7. The Commission adjourned at 10:05 a.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 84 MINUTES POLICE CIVIL SERVICE COMMISSION AUGUST 24, 2000 ST. LOUIS PARK POLICE DEPARTMENT 1. The meeting was called to order at 8:14 a.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present were Staff Liaison/Human Resources Technician Durell Vieau. 2. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the minutes of June 19, 2000. The motion carried. 3. The Commission adjourned for Police Officer interviews at 8:15 a.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 85 MINUTES POLICE CIVIL SERVICE COMMISSION SEPTEMBER 13, 2000 2ND FLOOR SOUTH, CITY HALL 1. The meeting was called to order at 9:05 a.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present was Staff Liaison/Human Resources Technician Durell Vieau. 2. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the minutes of August 24, 2000. The motion carried. 3. The Commissioners discussed the certification of the Police Officer candidates. A motion was made by Commissioner Leary and seconded by Commissioner Trummer to certify the 21 candidates. 1. Michael Rasmussen 2. Michael Fix 3. Sarah Gorman 4. Jerold Martin 5. Donald Lewis 6. Jeffrey Guest 7. Mikael Garland 8. Matthew Evans 9. Sean Zauhar 10. Steve Hane 11. Cindy Foreman 12. Daniel Bianconi 13. Vladmir Bronshteyn 14. Hugh Curry 15. Thomas Diaz 16. Denise Rogers 17. Anthony Pacholke 18. Carra Otten 19. John Raether 20. Farhad Barukzoy 21. Riccardo Munoz 86 4. A motion was made by Commissioner Leary, seconded by Commissioner Trummer requesting that staff have a representative from the Police Department speak at the next Civil Service meeting to update and inform the Commissioners of activity within the Police Department. Motion carried. Durell Vieau agreed to have a representative from the Police Department present at the next meeting to provide Commissioners with an update and the opportunity to have a question/answer period. 5. The Commission adjourned at 9:25 a.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 87 MINUTES POLICE CIVIL SERVICE COMMISSION OCTOBER 11, 2000 2ND FLOOR SOUTH, CITY HALL 1. The meeting was called to order at 3:30 p.m. The following were present: Chair Jim Lanenberg, Commissioner Linda Trummer, and Commissioner Brian Leary. Also present was Staff Liaison/Human Resources Technician Durell Vieau. 2. A motion was made by Commissioner Leary, seconded by Commissioner Trummer to approve the minutes of September 13, 2000. The motion carried. 3. The Commission discussed the memo dated October 11, 2000-Promotional Process-Support Services Agent. Durell Vieau, Human Resources Technician and John Luse, Chief, discussed the examination process. A motion was made by Commissioner Trummer, seconded by Commissioner Leary to approve the Support Services Agent Promotional process. The motion carried. 4. Chief Luse gave the Commission an update of activities taking place within the Police Department and noted that Commendations would be given out on December 19, 2000 at 4:30 p.m. 5. The Commission adjourned at 4:15 p.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 88 MINUTES POLICE CIVIL SERVICE COMMISSION NOVEMBER 14, 2000 THIRD FLOOR CONFERENCE ROOM - CITY HALL 1. The meeting was called to order at 1:55 p.m. The following were present: Chair Jim Lanenberg and Commissioner Linda Trummer. Commissioner Brian Leary was excused. Also present was Staff Liaison/Human Resources Technician, Durell Vieau and Police Captain Rodney Walker. 2. A motion was made by Commissioner Trummer, seconded by Commissioner Lanenberg to approve the minutes of October 11, 2000. The motion carried. 3. The Commission adjourned at 2:00 p.m. to conduct Support Services Agent interviews. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 89 MINUTES POLICE CIVIL SERVICE COMMISSION NOVEMBER 30, 2000 2ND FLOOR CONFERENCE ROOM - CITY HALL 1) The meeting was called to order at 10:35 a.m. The following were present: Chair Jim Lanenberg, Commissioner Bryan Leary and Commissioner Linda Trummer. Also present was Staff Liaison/Human Resources Coordinator Durell Vieau. 2) A motion was made by Commissioner Trummer, seconded by Commissioner Leary to approve the minutes of November 14, 2000. The motion carried. 3) The commission discussed eligibility list for the Support Services Agent position. A motion was made by Commissioner Trummer and seconded by Commissioner Leary to certify the following eligibility list for Support Services Agent: 1) Todd Hinz 2) Mary Strauss 3) Chris Bomer 4) Bob Baumgartner 5) Terry Reuvers 6) Matt Reilly 7) Doug Pieper The motion carried. 4. The Commission adjourned at 10:55 a.m. to conduct Support Services Agent interviews. Respectfully submitted, Durell Vieau City Staff Liaison to the Police Civil Service Commission 90 CONSENT ITEM # 9D MINUTES FIRE CIVIL SERVICE COMMISSION March 15, 2000 FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 8:04 a.m. by Chair William MacMillan. 2) In attendance were Chair William McMillan, and Commissioners David Lee and John Mann. Also present were Nancy Gohman, Staff Liaison/Human Resources Manager, Durell Vieau Human Resources Technician and Bob Gill, Fire Chief. 3) A motion was made by Commissioner David Lee, seconded by Commissioner John Mann to approve the minutes of February 7, 2000. 4) The Commissioners discussed the certification of the Firefighter candidates. A motion was made by Commissioner John Mann and seconded by Commissioner David Lee to certify the 9 candidates. 1. Wayne Kewitsch 2. Michael McMurtry 3. Mark Nelson 4. Lyle Frederickson 5. Michael Rumpza 6. Eva Schlegel 7. Eric Curran-Bakken 8. Matthew Anderson 9. Ted Lamson 5) A motion was made by Commissioner David Lee, seconded by Commissioner John Mann to adjourn the meeting. The Commission adjourned at 8:20 a.m. Respectfully submitted, Nancy Gohman City Staff Liaison to the Fire Civil Service Commission 91 MINUTES FIRE CIVIL SERVICE COMMISSION October 24, 2000 FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 4:33 p.m. by Chair William MacMillan. 2) In attendance were Chair William McMillan, and Commissioners David Lee and John Mann. Also present were Durell Vieau Staff Liaison/Human Resources Technician, Bob Gill, Fire Chief, Luke Stemmer, Deputy Fire Chief and Paul Steinhilber, Union President/Firefighter. 3) A motion was made by Commissioner John Mann, seconded by Commissioner David Lee to approve the minutes of March 15, 2000. 4) The Commission discussed the memo dated October 24, 2000-Promotional Process- Lieutenant. Bob Gill, Luke Stemmer and Durell Vieau discussed the examination process. A motion was made by Commissioner Mann, seconded by Commissioner Lee to approve the Lieutenant promotional process. The motion carried. 5) A motion was made by Commissioner Mann, seconded by Commissioner Lee to adjourn the meeting. The Commission adjourned at 4:52 p.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Fire Civil Service Commission 92 MINUTES FIRE CIVIL SERVICE COMMISSION December 21, 2000 FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 3:14 p.m. by Chair William MacMillan. 2) In attendance were Chair William McMillan, and Commissioners David Lee and John Mann. Also present were Durell Vieau Staff Liaison/Human Resources Coordinator, Bob Gill, Fire Chief, Luke Stemmer, Deputy Fire Chief and Paul Steinhilber, Union President/Firefighter. 3) A motion was made by Commissioner Lee, seconded by Commissioner Mann to approve the minutes of October 24, 2000. 4) The Commission discussed the Lieutenant Promotional Process and the reviewed the scores of the candidates. A motion was made by Commissioner Lee, seconded by Commissioner Mann to certify the Lieutenant eligibility list of 12/00. The motion carried. 5) A motion was made by Commissioner Mann, seconded by Commissioner Lee to adjourn the meeting. The Commission adjourned at 3:35 p.m. Respectfully submitted, Durell Vieau City Staff Liaison to the Fire Civil Service Commission 93 CONSENT ITEM # 9E May 11, 2001 VENDOR NAME DESCRIPTION AMOUNT ABLE COURIER OTHER CONTRACTUAL SERVICES 7.20 AIRTOUCH CELLULAR TELEPHONE 71.41 ALBINSONS GENERAL SUPPLIES 222.37 ALMSTEAD'S SUPERVALU CONCESSION SUPPLIES 39.52 ANCHOR PAPER CO GENERAL SUPPLIES 607.48 ANN'S TOOL SUPPLY GENERAL SUPPLIES 110.15 ANOKA-HENNEPIN TECHNICAL COLLE TRAINING/CONFERENCES/SCHOOLS 500.00 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 493.10 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) ASPEN WASTE SYSTEMS SUBSCRIPTIONS/MEMBERSHIPS 179.02 AUTODESK INC. EQUIPMENT MTCE SERVICE 45.00 BARR ENGINEERING COMPANY TRAINING/CONFERENCES/SCHOOLS 375.00 BARTON SAND & GRAVEL CO OTHER IMPROVEMENT SUPPLIES 1,245.64 BENDING SPECIALISTS OTHER CONTRACTUAL SERVICES 1,665.00 BERNDT ELECTRIC SERVICE BLDG/STRUCTURE SUPPLIES 811.72 BIRNO, RICK TRAINING/CONFERENCES/SCHOOLS 8.00 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 456.62 BOYER FORD TRUCKS EQUIPMENT MTCE SERVICE 402.96 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES 2,663.00 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BRYAN ROCK PRODUCTS GENERAL SUPPLIES 239.04 CALL ONE INC GENERAL SUPPLIES 461.62 CAMBAR GENERAL SUPPLIES 352.08 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 450.23 CARLSON TRACTOR & EQUIP CO EQUIPMENT PARTS (59.08) CARTRIDGE CARE EQUIPMENT MTCE SERVICE 669.82 CHRISTIAN, SANDRA CERTIFICATE OF COMPLIANCE 25.00 CITY ENGINEERS ASSOCIATION OF SUBSCRIPTIONS/MEMBERSHIPS 100.00 CITY OF BLOOMINGTON TRAINING/CONFERENCES/SCHOOLS 125.00 COLICH & ASSOCIATES LEGAL SERVICES 12,862.10 COMM CENTER RADIO COMMUNICATIONS 55.38 COMMISSIONER OF TRANSPORTATION PROFESSIONAL SERVICES 98.54 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CONSECO FINANCE VENDOR SERV CO OTHER CONTRACTUAL SERVICES 751.89 DANKO EMERGENCY EQUIPMENT CO NON-CAPITAL EQUIPMENT 5,153.16 DATABASE TECHNOLOGIES INC OTHER CONTRACTUAL SERVICES 155.00 DAY-TIMERS INC GENERAL SUPPLIES 44.38 DIAMOND VOGEL PAINTS OTHER IMPROVEMENT SUPPLIES 10,323.84 ELAN OTHER CONTRACTUAL SERVICES 230.15 ELVIN SAFETY SUPPLY, INC. GENERAL SUPPLIES 24.64 ENGELMAN, CHERYL L GENERAL SUPPLIES 28.24 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 72.06 EPA AUDIO VISUAL INC EQUIPMENT MTCE SERVICE 792.41 EVERGREEN LAND SERVICES CO PROFESSIONAL SERVICES 957.75 F.F. JEDLICKI INC. OTHER IMPROVEMENTS 3,000.00 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FEDERAL EXPRESS CORP POSTAGE 46.97 FIRESIDE CORNER FOOD AND BEVERAGE PERMIT 40.00 94 FLEXIBLE PIPE TOOL EQUIPMENT PARTS 364.45 FRIESEN, KEELYN CERTIFICATE OF COMPLIANCE 25.00 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS 58.84 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GOODYEAR BRAD RAGAN TIRE & SER EQUIPMENT MTCE SERVICE 166.63 GOPHER SIGN OTHER IMPROVEMENT SUPPLIES 515.99 HASLERUD, CARRIE GENERAL SUPPLIES 135.29 HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 2,466.31 HENN CO TREASURER SUBSISTENCE SERVICE 3,390.70 HENNEPIN COUNTY PUBLIC WORKS D CLEANING/WASTE REMOVAL SERVICE 7,417.08 HENNEPIN COUNTY SHERIFFS DEPT SUBSISTENCE SERVICE 1,051.75 HOISINGTON KOEGLER GROUP INC PROFESSIONAL SERVICES 127.50 HOME DEPOT OTHER IMPROVEMENT SUPPLIES 165.27 HOME DEPOT/GECF GENERAL SUPPLIES 381.25 HOME HARDWARE GENERAL SUPPLIES 197.41 HUMPHREY, JOHN OTHER CONTRACTUAL SERVICES 215.00 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 777.45 I C B O SUBSCRIPTIONS/MEMBERSHIPS 195.00 INDELCO BLDG/STRUCTURE SUPPLIES 41.30 INFRASTRUCTURE TECHNOLOGIES IN SMALL TOOLS 417.48 INST FOR FORENSIC PSYCHOLOGY PROFESSIONAL SERVICES 350.00 INTERNATIONAL SCHOOL OF MN OTHER ADVERTISING 125.00 IOS CAPITAL RENTAL EQUIPMENT 1,078.85 JERRY STAMM SMALL TOOLS 4.57 KDV AUDITING SERVICES 10,025.00 KNUTSEN, GREG TRAINING/CONFERENCES/SCHOOLS 75.90 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LAKE SUPERIOR COLLEGE TRAINING/CONFERENCES/SCHOOLS 160.00 LANGLOIS, CARMINE TRAINING/CONFERENCES/SCHOOLS 86.46 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 2,819.52 LEAGUE OF MN CITIES TRAINING/CONFERENCES/SCHOOLS 270.00 LUSE, JOHN TRAINING/CONFERENCES/SCHOOLS 27.82 M/A ASSOCIATES INC GENERAL SUPPLIES 95.18 MACQUEEN EQUIP CO GENERAL SUPPLIES 432.65 MASTERSON PERSONNEL INC SALARIES - TEMPORARY EMPLOYEES 1,003.13 MATHWIG, MELISSA CERTIFICATE OF COMPLIANCE 25.00 MC KENNA, SEAN M STUDY INCENTIVE & MERIT PAY 555.00 MENARDS SMALL TOOLS 16.37 METRO ATHLETIC SUPPLY SMALL TOOLS 390.43 METRO SALES INC EQUIPMENT MTCE SERVICE 368.00 METROPOLITAN COUNCIL SEWER AVAILABILITY CHARGE 2,777.00 MINN BLUE DIGITAL GENERAL SUPPLIES 768.64 MINN DEPT OF ADMINISTRATION TELEPHONE 4,153.86 MINNESOTA ASPHALT PAVEMENT ASS TRAINING/CONFERENCES/SCHOOLS 20.00 MINNESOTA FIRE SERVICE SUBSCRIPTIONS/MEMBERSHIPS 10.00 MINNESOTA PIPE & EQUIPMENT OTHER IMPROVEMENT SUPPLIES 3,302.55 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) N.T.O.A. TRAINING/CONFERENCES/SCHOOLS 50.00 NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 1,874.58 NORTHSTAR TURF GENERAL SUPPLIES 2,404.93 NOVASPECT INC. EQUIPMENT PARTS 239.62 NSP CO ELECTRIC SERVICE 18,495.64 95 NYSTROM PUBLISHING PRINTING & PUBLISHING 2,757.00 OFFICE DEPOT OFFICE SUPPLIES 917.31 OFFICE MAX OFFICE SUPPLIES 4.25 OFFICE TEAM SALARIES - TEMPORARY EMPLOYEES 714.10 OLSEN CHAIN & CABLE CO INC OTHER CONTRACTUAL SERVICES 234.70 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PANASONIC SERVICES COMPANY EQUIPMENT MTCE SERVICE 196.08 PARR EMERGENCY PRODUCT SALES I SUBSISTENCE SUPPLIES 181.91 PARROTT, MARK CERTIFICATE OF COMPLIANCE 25.00 PARSONS, AMY SPECIAL PROGRAMS 40.00 PENCO GRAPHIC SUPPLY INC GENERAL SUPPLIES 367.50 PETERSON, CLAIR CERTIFICATE OF COMPLIANCE 25.00 PINKERTON SERVICES GROUP PROFESSIONAL SERVICES 400.00 POSTMASTER MILEAGE-PERSONAL CAR 106.00 POWERPHONE INC. TRAINING/CONFERENCES/SCHOOLS 189.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) RC INDENTIFICATIONS GENERAL SUPPLIES 5.33 RELIANT ENERGY HEATING GAS 11,139.03 RILEY DETTMANN & KELSEY PROFESSIONAL SERVICES 384.71 RLK-KUUSISTO LTD ENGINEERING SERVICES 289.05 ROGERS, KELLY SPECIAL PROGRAMS 36.00 ROTARY CLUB OF SLP SUBSCRIPTIONS/MEMBERSHIPS 312.00 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SEH PROFESSIONAL SERVICES 877.42 SELLS, NANCY POSTAGE 28.76 SHOWCASE ENTERPRISES GENERAL SUPPLIES 750.00 SIMPLEX TIME RECORDER CO BUILDING MTCE SERVICE 408.96 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SOJOURNER PROJECT INC OTHER CONTRACTUAL SERVICES 9,789.75 SPS COMPANIES INC GENERAL SUPPLIES 11.55 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES 1,360.85 STAR TRIBUNE OTHER ADVERTISING 4,728.80 STATE TREASURER TRAINING/CONFERENCES/SCHOOLS 1,659.67 STEMMER, LUKE GENERAL SUPPLIES 69.17 STREICHER'S GENERAL SUPPLIES 1,740.08 SUBURBAN PROPANE MOTOR FUELS 189.28 SUN NEWSPAPERS OTHER ADVERTISING 277.20 SURGE WATER CONDITIONING EQUIPMENT MTCE SERVICE 310.56 SWEENEY BROS TRACTOR EQUIPMENT PARTS 216.43 TARGET/DAYTONS GENERAL SUPPLIES 13.83 TEKSYSTEMS PROFESSIONAL SERVICES 1,267.00 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 91.00 THYSSEN LAGERQUIST ELEVATOR BUILDING MTCE SERVICE 190.00 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) TWIN WEST CHAMBER OF COMMERCE MEETING EXPENSE 125.54 UNIVERSITY OF MINN TRAINING/CONFERENCES/SCHOOLS 150.00 VIKING COUNCIL JUVENILE DIV PR DUE FROM OTHER GOVTS 6,200.00 VIKING INDUSTRIAL CENTER GENERAL SUPPLIES 98.21 VIKING OFFICE PRODUCTS OFFICE SUPPLIES 30.37 WELLS FARGO BANK MINNESOTA OTHER CONTRACTUAL SERVICES 705.00 WELLS FARGO REMITTANCE CTR PROFESSIONAL SERVICES 2,170.09 WM H MC COY PETROLEUM FUELS OTHER IMPROVEMENT SUPPLIES 222.37 96 WSB ASSOCIATES INC PROFESSIONAL SERVICES 2,782.00 ZARNOTH BRUSH WORKS INC SMALL TOOLS 213.00 ZEE MEDICAL SERVICE GENERAL SUPPLIES 301.29 ZEP MANUFACTURING GENERAL SUPPLIES 1,124.44 172,592.92 May 18, 2001 VENDOR NAME DESCRIPTION AMOUNT A W W A TRAINING/CONFERENCES/SCHOOLS 50.00 AIRTOUCH CELLULAR TELEPHONE 2,896.44 ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 4,651.00 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 495.86 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) ASPEN ENVIRONMENTAL OTHER CONTRACTUAL SERVICES 972.00 AUTOMATIC GARAGE DOOR CO BUILDING MTCE SERVICE 681.17 BACHMANS BUILDING MTCE SERVICE 106.50 BATTERIES PLUS GENERAL SUPPLIES 89.24 BCA/FORENSIC SCIENCE LABORATOR TRAINING/CONFERENCES/SCHOOLS 480.00 BERNIER, DEB PROGRAMMING 9.00 BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 367.46 BOETTCHER, DARLENE CERTIFICATE OF COMPLIANCE 25.00 BREEZY POINT RESORT TRAINING/CONFERENCES/SCHOOLS 287.55 BRIEFINGS PUBLISHING GROUP TRAINING/CONFERENCES/SCHOOLS 104.00 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) CAHNERS BUSINESS INFORMATION PRINTING & PUBLISHING 1,354.53 CALL ONE INC GENERAL SUPPLIES 183.29 CAMPBELL KNUTSON PROFESSIONAL LEGAL SERVICES 19,111.64 CARLSON TRACTOR & EQUIP CO EQUIPMENT PARTS (59.08) CARVER COUNTY SHERIFF'S OFFICE TRAINING/CONFERENCES/SCHOOLS 40.00 CHENEY SIGNS OFFICE SUPPLIES 76.88 COLOR TILE BLDG/STRUCTURE SUPPLIES 395.09 COMPUTER FORENSICS INC. OTHER CONTRACTUAL SERVICES 700.00 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CRAGUNS CONFERENCE CENTER TRAINING/CONFERENCES/SCHOOLS 299.00 CRILEY, KATHI L MEETING EXPENSE 241.83 DARLEY & CO, W S OTHER IMPROVEMENT SUPPLIES 205.11 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GRAINGER INC, W W PROFESSIONAL SERVICES 241.75 GRAYBAR ELECTRIC CO BLDG/STRUCTURE SUPPLIES 1,656.64 HANSON CONCRETE PRODUCTS INC OTHER IMPROVEMENT SUPPLIES 170.17 HANSON, JILL MILEAGE-PERSONAL CAR 140.26 HASLERUD, CARRIE GENERAL SUPPLIES 70.34 HAZELDEN EDUCATIONAL MATERIALS PRINTING & PUBLISHING 18.69 HENN CO INFORMATION TECHNOLOGY COMPUTER SERVICES 427.51 HENNEPIN COUNTY TREASURER LICENSES/TAXES 100.00 HOME DEPOT SMALL TOOLS 10.51 HOME HARDWARE GENERAL SUPPLIES 174.48 HYDRANT SPECIALIST OTHER IMPROVEMENT SERVICE 1,300.00 IKON OFFICE SOLUTIONS RENTAL EQUIPMENT 54.00 INFRASTRUCTURE TECHNOLOGIES IN EQUIPMENT PARTS 177.74 97 IRON MOUNTAIN GENERAL SUPPLIES 158.52 J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 189.90 JADE CATERING TRAINING/CONFERENCES/SCHOOLS 28.00 JENNINGS LIQUOR INC. GENERAL CUSTOMERS 466.93 JERRY STAMM GENERAL SUPPLIES 18.88 JUSTUS LUMBER COMPANY OTHER IMPROVEMENT SERVICE 336.10 KOHN, HERB ELECTRIC COMPANY FOOD AND BEVERAGE PERMIT 60.81 LABOR RELATIONS ASSOCIATES PROFESSIONAL SERVICES 1,845.00 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LASKE, ANDREW CERTIFICATE OF COMPLIANCE 25.00 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 2,766.62 LOWELLS AUTOMOTIVE/PAINT PLUS GENERAL SUPPLIES 73.19 M A C T A TRAINING/CONFERENCES/SCHOOLS 210.00 M. LEE SMITH SUBSCRIPTIONS/MEMBERSHIPS 157.00 MARTIN, JIMMY UNREALIZED REVENUE 250.00 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,372.58 MEDSOFT CORPORATION OTHER CONTRACTUAL SERVICES 348.50 MENARDS BLDG/STRUCTURE SUPPLIES 328.29 MERRILL CORPORATION GENERAL SUPPLIES 193.72 METRO CISM PROGRAM TRAINING/CONFERENCES/SCHOOLS 75.00 METRO SYSTEMS NON-CAPITAL EQUIPMENT 1,103.83 METROCALL GENERAL SUPPLIES 325.62 METROPOLITAN COUNCIL LICENSES/TAXES 3,000.00 MIDWEST AQUA CARE LICENSES/TAXES 200.00 MILLER HANSON WESTERBECK BERGE OTHER CONTRACTUAL SERVICES 800.00 MINN DEPT OF HEALTH & FAMILY S OTHER CONTRACTUAL SERVICES 49.00 MINNESOTA DEPARTMENT OF LABOR LICENSES/TAXES 15.00 MN ASSN ASPHALT PAVEMENT TECH TRAINING/CONFERENCES/SCHOOLS 10.00 MN DEPT OF PUBLIC SAFETY LICENSES/TAXES 725.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) NADEAU UTILITY INC PROFESSIONAL SERVICES 4,920.00 NORTHLAND ELECTRIC SUPPLY CO BLDG/STRUCTURE SUPPLIES 1,028.20 NORTHSTAR REPRO PRODUCTS INC GENERAL SUPPLIES 138.75 NSP CO ELECTRIC SERVICE 20,901.45 OETTMEIER CONSULTING SERVICES PROFESSIONAL SERVICES 3,170.00 OFFICE DEPOT OFFICE SUPPLIES 518.00 OFFICE TEAM SALARIES - TEMPORARY EMPLOYEES 772.00 ONYX ENVIRONMENTAL SRVCS CLEANING/WASTE REMOVAL SERVICE 1,194.14 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PAGE ELECTRICAL CONTRACTING IN EQUIPMENT MTCE SERVICE 645.90 PALM'S HOME BAKERY MEETING EXPENSE 23.10 PANNING, CRAIG GENERAL SUPPLIES 86.44 PRINTERS SERVICE EQUIPMENT MTCE SERVICE 160.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) PRYOR RESOURCES INC TRAINING/CONFERENCES/SCHOOLS 159.00 QUICKSILVER EXPRESS COURIER POSTAGE 851.18 RAUCHMAN, DENISE PROGRAMMING 5.50 RELIANT ENERGY HEATING GAS 3,179.72 REYNOLDS WELDING SUPPLY CO GENERAL SUPPLIES 387.46 SAM'S CLUB MEETING EXPENSE 90.31 SAVIN CORPORATION EQUIPMENT MTCE SERVICE 2,032.20 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) 98 SCHOELL & MADSON INC PROFESSIONAL SERVICES 372.90 SHOEMAKER, DAVID STUDY INCENTIVE & MERIT PAY 911.25 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SONUS INTERIORS INC BUILDING MTCE SERVICE 5,915.00 STATE OF MINNESOTA LICENSES/TAXES 20.00 STROHMYER, TOM OTHER CONTRACTUAL SERVICES 250.00 SURVIVALINK GENERAL SUPPLIES 207.70 SWANSON FLO-SYSTEMS CO BUILDING MTCE SERVICE 292.00 TACTICAL & SURVIVAL SPECIALTIE GENERAL SUPPLIES 292.32 TARGET/DAYTONS GENERAL SUPPLIES 107.07 THE FLYERS OTHER CONTRACTUAL SERVICES 300.00 TKDA PROFESSIONAL SERVICES 883.31 TUNE INTO KIDS OTHER CONTRACTUAL SERVICES 500.00 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) U S WEST COMMUNICATIONS TELEPHONE 4,605.94 UHL CO INC BUILDING MTCE SERVICE 512.00 UNIFORMS UNLIMITED GENERAL SUPPLIES 2,421.87 VISIONICS CORPORATION EQUIPMENT MTCE SERVICE 485.00 ZIP PRINTING PRINTING & PUBLISHING 115.03 111,040.35 99 CONSENT ITEM # 9F City of St. Louis Park Human Rights Commission Meeting Minutes - April 18, 2001 Second Floor Conference Room - City Hall Present Commission Members: Marc Berg, Cassandra Boddy, Betty Merritt, Kristi Rudelius-Palmer, Kristin Siegesmund, Chris Smith and Maya Winoker Staff: Martha McDonell, staff liaison, and Lynn Schwartz, recording secretary Call to Order Chair Kristin Siegesmund called the meeting to order at 7:05 p.m. March Minutes: Moved by Marc Berg and seconded by Betty Merritt to accept the March minutes with a minor correction. Motion passed unanimously. April Agenda: Members agreed to add the following items to the evening’s agenda: use of mobile City Hall as a mobile Human Rights library service. Members agreed to postpone discussion of the following items to a future meeting: guidelines for the statewide essay contest, Vision St. Louis Park community survey, and a response plan for incidents of illegal discrimination. Commissioner Reports Although Herb Isbin could not attend tonight’s meeting, he submitted a memo commenting on the commission’s role in responding to illegal discrimination, offering suggestions for future speakers, and recommending that the commission carefully review the description of the Human Rights Commission contained in the League of Women Voters’ Handbook. Maya Winoker told members about a human rights-related poem that the commission might be able to use in promotional materials or at events. Winoker will send a copy of the poem to Martha McDonell. Martha McDonell reported that the commission received one phone call on the Human Rights Phone Line. Because the call related to a car damaged in a parking lot due to poor lot maintenance, McDonell referred the caller to their auto insurance company. Kristi Rudelius-Palmer reported on a campaign aimed at protesting Xcel Energy’s use of power purchased from a firm in Manitoba which is alleged to exploit the Cree Indians. The campaign urges Xcel customers to pay all but $5 of their monthly utility bill and note that the $5 100 underpayment is to make a statement about Manitoba Hydro’s policies. Rudelius-Palmer also reported that she was in Iowa doing training related to “taking the temperature” of a school; commissioners may be interested in pursing a similar needs assessment for St. Louis Park. Rudelius-Palmer will send materials to Martha McDonell who will place the materials in next month’s agenda packet. New Business Diversity Week: Students reported that they’re still confirming speakers and activities; however, some activity will occur each day. Members discussed having the Human Rights Commission sponsor an evening forum to dovetail with the day’s activities. Members discussed a number of topics including: applying for asylum, Israeli dancing, and how human rights can decrease school violence. Members agreed that school violence has people’s attention and is often the result of what happens when kids are marginalized or harassed. Kristi Rudelius-Palmer reported that the Midwest has the highest rate of harassment around lesbian/gay issues and that the school staff are often not willing to respond to the harassment. Members agreed that a school violence forum is a good idea. Members felt the session should focus on getting people to examine their own behavior and be less passive when witnessing this behavior. Kristi Rudelius-Palmer offered to facilitate the session and shared some materials she recently used for a similar presentation on stopping hurtful ridicule. Members felt a short presentation of one or one and one-half hours was appropriate. Although the time frame is short, members felt it would be worthwhile to try and organize something in time for Diversity Week. Rudelius-Palmer agreed to take the lead in organizing the session, and members selected May 23 from 7 to 8:30 p.m. at the high school for the event. Kristen Siegesmund agreed to work on the publicity. Siegesmund asked the students to add a notice of the forum to their Diversity Week promotional materials. Rudelius-Palmer offered to forward the wording from the Iowa City promotion to Siegesmund to help with publicity. Martha McDonell suggested that the author of “Children Who Care” would be a good speaker on harassment; Kristen Siegesmund will try to contact her about speaking at the forum. Children First Ice Cream Social: Betty Merritt reported on the efforts made last year, and members agreed to offer similar activities at this year’s Children First Ice Cream Social. The commission will have a booth where kids can make diverse finger puppets and use crayons with a wide representation of skin colors. Human rights materials will be available for parents. Martha McDonell will check with Emily Wallace-Jackson to see what craft materials were left over from last year’s event. Maya Winoker suggested doing balloon animals and offered to help with the project. Staffing for the afternoon will be: Betty Merritt, Maya Winoker, Emily Wallace-Jackson and Martha McDonell. Betty Merritt will check on the availability of the Shoreview books and Kristen Siegesmund will pick up craft supplies. Kristen Siegesmund will do a flier about the school violence forum so it can be distributed at the ice cream social. Maya Winoker will explore putting the poem she mentioned on a bookmark that could be given out at the social. Parktacular Parade: Martha McDonell reports that Mobile City Hall would be available for use in the Parktacular parade. Members need to determine a parade theme and decide whether this 101 large vehicle is appropriate for parade use. (It can be used as a mobile billboard, but riders can’t be seen by parade watchers.) Members are committed to participating in the parade, and Martha will submit an application on behalf of the Human Rights Commission. Members also suggested making puppets—similar to those made by Heart of the Beast for the May Day parade in Minneapolis. Members will look into doing a workshop at the Rec Center; Kristen will call Heart of the Beast to find out about cost and availability. Old Business Meeting With City Council: The commission will present its 2000 Year End Report and discuss its 2001 draft work plan at the May 14 City Council meeting. Kristen Siegesmund and Marc Berg said they would be able to attend. Essay Contest Winner Recognition: The student essay contest winner will be honored at the May 21 City Council meeting. Cassandra Boddy and Marc Berg said they would attend this meeting. Kristen Siegesmund had to leave so Marc Berg chaired the remainder the meeting. Work Plan: Several commission members said they were unclear on the purpose of continuing to discuss the work plan. Kristi Rudelius-Palmer asked whether the commission has concrete goals for the work plan, and she offered to draft sample goals for commission to consider. Betty Merritt asked whether the work plan should state what would be achieved by completing the activities. Members agreed that the work plan would benefit from a cover sheet listing goals and outcomes. Martha McDonell added that the work plan might also take the Vision St. Louis Park goals into consideration. Rudelius-Palmer suggested incorporating the commission’s mission statement into the work plan. Kristi Rudelius-Palmer also suggested having an annual message or campaign theme so that all activities reinforce an annual message. Betty Merritt felt the theme should be voiced in a positive manner; for example, a school outreach theme could be centered around “promoting acceptance” versus being “against violence.” Although members liked a theme favoring acceptance, Rudelius-Palmer pointed out that it’s hard to quantify “acceptance” than measure incidents of violence. Martha McDonell noted that the Vision St. Louis Park goals do have measurable indicators and this might be a source of assistance. McDonell noted that one of Vision St. Louis Park’s goals was “building a welcoming community,” and this might become a theme for the commission. Marc Berg suggested that, if the commission takes a thematic approach to developing the work plan, the commission should decide on a theme first and then set the activities. Since the commission already has a list of activities, it make more sense to go ahead with the current list and look at themes for future years. Chris Smith and Betty Merritt agreed that they liked setting the theme first and felt this should be done next year. Members agreed that the idea of a theme needed further discussion. Martha McDonell also pointed out that the City Council may wish to have input on the commission’s theme. Set Agenda For Next Meeting A speaker on illegal discrimination will be sought for an upcoming meeting. 102 Adjournment Moved by Cassandra Boddy and seconded by Maya Winoker to adjourn. Motion passed unanimously. With no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Lynn Schwartz, Recording Secretary