Loading...
HomeMy WebLinkAbout2001/06/04 - ADMIN - Agenda Packets - City Council - Regular 1 AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 4, 2001 7:30 p.m. 7:25 p.m. - Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Recognition presentation for Jan Loftus 3. Approval of Minutes a. Study Session Minutes of May 14, 2001 b. Special Meeting Minutes of May 21, 2001 c. City Council Minutes of May 21, 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 amend the financial terms of City Agreement No. 1897, between the City and AT&T Wireless (AT&T) for space on the water tower at 2500 Nevada Avenue for communications antenna. 2 2. Motion to adopt the Resolution granting the minor amendment to the existing Special Permit for Park Glen Apartment at 4401 Park Glen Road to permit the construction of a foyer addition, subject to the conditions in the resolution. Case # 01-23-SP 3. Motion to accept the following report for filing: a. Vendor Claims Action: Motion to approve Consent Items 5. Public Hearings 5a Public Hearing – Groves Academy Private Activity Revenue Bonds Public Hearing to consider issuing Private Activity Revenue Bonds for Groves Academy to finance the expansion of the existing schoolhouse facility and renovate a existing building. Recommended Action: Mayor to close the public hearing. 5b. Public Hearing and First Reading of an ordinance to vacate portions of Natchez Avenue, Ottawa Avenue, 38th Street, Princeton Avenue, an alley and an existing sidewalk easement in Park Commons East. Case No. 01-08-VAC Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance to vacate portions of streets, an alley, and a sidewalk easement in Park Commons East and set Second Reading for June 18, 2001. 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 7a. TOLD Development Company is requesting approval of a Preliminary Plat and Preliminary PUD with certain variances for Park Commons East Case No. 01-06-S and 01-07-PUD and 01-19-Var Recommended Action: Motion to adopt a resolution approving the Preliminary Plat, Preliminary PUD and variances subject to the conditions included in the resolution. 7b. 2001 Sojourner Contract Renewal of existing contract with Sojourner Project, inc., to perform advocacy 3 services for victims of domestic violence. Recommended Action: Authorize Mayor and City Manager to execute contract with Sojourner Project, Inc. in the amount of $39,159.00 for advocacy services for the period January 1 through December 31, 2001. The contract has been reviewed by the City Attorney. 7c. Wolfe Park Amphitheater This report considers approving a contact with Damon Farber Associates for the design of the Wolfe Park Amphitheater. Recommended Action: Motion to approve the contract with Damon Farber Associates for the design of the Wolfe Park Amphitheater in an amount not to exceed $40,825. 7d. City Engineer’s Report: Storm Water Flood Area No. 15 – Improvements at Keystone, Roxbury and Lake Street Parks and Storm Sewer construction on Dakota Avenue and W. 33rd Street. City Project No. 00-07 This report considers Storm Water and Park improvements at Keystone, Roxbury, and Lake Street Parks and Storm Sewer construction on Dakota Avenue and W. 33rd Street to alleviate flooding in Area No. 15. Recommended Action: Due to the significant increased cost of this project, it is recommended the City Council defer action and schedule this for the June 25, 2001 Study Session. 7e. City Engineer’s Report: Alley Paving – 2700 block between Brunswick Avenue and the C.P. Railroad tracks – Project No. 01-xx This report considers paving the alley in the 2700 block between Brunswick Avenue and the C.P. Railroad tracks in response to a petition by the adjacent property owners. Recommended Action: Motion to adopt the attached resolution that accepts this report, establishes Improvement Project No. 01-xx, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of July 2, 2001. 8. Boards and Committees 9. Communications 10. Adjournment 4 Item # 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION May 14, 2001 The meeting convened at 6:02 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Councilmember Ron Latz arrived at 7:21 p.m. Staff present: City Manager (Mr. Meyer), Director of Community Development (Mr. Harmening), Economic Development Coordinator (Mr. Kleve), Planning and Zoning Supervisor (Ms. Jeremiah), Director of Public Works (Mr. Rardin), Superintendent of Engineering (Mr. Moore), City Engineer (Ms. Hagen), Director of Parks and Recreation (Ms. Walsh), Community Outreach Coordinator (Ms. McDonell), and City Clerk (Ms. Reichert) 1. Park Commons Bob Cunningham from TOLD was present at the meeting. He presented an overview of the project, noting the absence of the Bally’s property because of the inability to reach a purchase or lease agreement. Mr. Cunningham reviewed the height changes of certain buildings. He reported that there will be a delay in the construction of one building due to changes in the market. A three dimensional model was shown of the project as well as various artist sketches. Council discussed the phasing of the project as well as the progress on the leasing of retail space. Mayor Jacobs questioned the amount of parking spaces. Ms. Jeremiah explained the phasing involved with the parking and how the numbers were created. She reported that staff is comfortable with the amount. Councilmember Sanger expressed her disappointment in the delay of owner-occupied housing. Mr. Cunningham assured Councilmember Sanger that despite the delay in the initial phase, the owner-occupied housing that had been called for in later phases of the project would be completed earlier than had been origianally anticipated . Councilmember Nelson commented that it would be in TOLD’s best interest to also complete future phases. He stated that the return on investment is lower on Phase I than the subsequent phases. He also felt that there is a significant demand for owner-occupied housing. He questioned how the Tax Increment Financing district would be affected by owner-occupied units versus rental units. Mr. Cunningham replied that the revenue generated from owner-occupied units is as little as one half the amount that would be generated by rental units. Mr. Harmening explained that even though the construction of owner occupied units is now farther into the project, completion of all units will actually be done more quickly. 5 Councilmember Nelson was concerned with how the empty building site would be treated as it is very visible as the entrance to the project. Ms. Jeremiah agreed with his concerns and reported that staff is currently working to create an attractive appearance during the construction. Councilmember Nelson stated that he would like to receive information on public notices. Staff replied they would mail more notices for upcoming meetings. Councilmember Sanger was concerned the Hollman units would become concentrated over time. She asked staff to include in the development agreement a plan for retaining space in the future. Mr. Harmening explained how affordable housing units would be structured with Section 8 versus Hollman units. He further explained how the change in programs would affect the developer and the City. Mr. Harmening stated that staff would bring an amended development agreement to Council on June 4th. Council discussed the future development of the Bally’s site. They also discussed sight lines in relation to the revised building heights. Councilmember Santa inquired about street naming near the project and Councilmember Nelson replied that he thought the City had an official street naming policy. 2. Human Rights Commission Commissioners Kristin Siegesmund, Herb Isbin and Student Commissioner Cassandra Body were present at the meeting. The Commissioners informed the Council of their involvement with the Human Rights Essay Award as sponsors of the event. A flyer was passed out inviting the community to a public forum to end violence and discrimination and to learn about human rights. They briefly reviewed the handbook that was compiled and made by the League of Women Voters and the Human Rights Commission to inform new residents of services and resources within the community. The handbooks are available in Spanish, Russian, and English. Councilmember Brimeyer inquired about reaching out to the various communities within the City on how to communicate among each other. Ms. McDonell stated that she would provide the materials for the Human Rights Essay Award at the meeting on May 21st. The Commission asked Council if they would be interested in monitoring the Viking Council’s pledge not to discriminate and Council agreed they would not be interested in such efforts. However, they would be interested in information from the local Boy Scouts and urged the Human Rights Commission to offer their services to those who feel they have been discriminated against. The commission recognized Lynn Schwartz and Martha McDonell for their staff efforts. 6 3. Excelsior Blvd. Corridor Traffic Study Mr. Harmening introduced Mr. Forslund of BRW. Mr. Harmening informed Council that the development scenarios as presented are extremely aggressive and should be looked at as worst case scenarios. Mr. Forslund went through the traffic study executive summary that was presented to Council. Council discussed neighborhood issues and the impact that cut through traffic would have on the surrounding neighborhoods. Councilmember Nelson inquired about using plate identifications to track the destination of traffic traveling on Kipling Ave. Councilmember Sanger felt there was cut through traffic throughout the city and did not perceive this situation to be more of a problem. Councilmember Brimeyer appreciated the identification of ‘trigger points’ as development occurs. Council asked that staff establish thresholds and triggers for the implementation of potential traffic controlling measures that can be assessed to determine future roadway changes. Councilmember Sanger suggested that this study could provide standards to be applied to other areas in the city. Mr. Forslund suggested that discussion take place very soon with the neighborhoods. Councilmember Sanger asked how bicycling could be made easier on Excelsior Boulevard. Councilmember Nelson stated that Excelsior Boulevard is not part of the trail and sidewalk plan. He would prefer to discourage rather than encourage bicycling on Excelsior Boulevard. Mr. Harmening reported that a neighborhood meeting notice is in the process of being sent and the meeting will take place in the near future. 4. Stormwater Management Project Impacts on Keystone, Roxbury, and Lake Street Parks Pete Willenbring was in attendance at the meeting. Staff explained the proposed stormwater projects that would affect Lake Street, Keystone, and Roxbury Park. The plan would utilize local parks to alleviate flooding in the most severe rainstorms. This proposal will return Lake Street Park to its natural state as a wetland, thereby eliminating the hockey rinks. Rinks would then be placed at Parkview and Nelson parks. A sun shelter and playground equipment would be removed from Roxbury Park and accommodated at Keystone Park as well as a basketball court and an open space to be used for football or soccer. The playground equipment at Roxbury Park will remain there. Council discussed the depth of pond proposal. They also discussed how to prevent persons from moving over the tracks and the expense of that option. 7 Councilmember Brimeyer suggested that the playground equipment be placed at both parks and that any link between the two parks be eliminated as a cost effective alternative to the proposal . Ms. Walsh stated that hockey could be accommodated at other parks. Councilmember Sanger was concerned what the neighborhood’s reaction would be to moving the hockey rinks to Nelson Park. Staff was directed to move forward with the changes to the stormwater management plan and to address other needs at a later time. 5. Communications Mr. Rardin introduced the new City Engineer, Maria Hagen, to the City Council. Mayor Jacobs inquired if Council would like to pursue an issue brought to his attention regarding continuing non-conforming uses. Councilmember Santa stated that she was concerned about an ordinance of that type and did not believe it to be good policy. Councilmember Young was receptive to looking into the issue. Councilmember Brimeyer stated that the city’s goal is to eliminate non-conforming uses and would not support an ordinance which allowed them to continue. He added that the City needs a provision that can provide incentive to bring uses into conformance. Councilmember Sanger felt security should be placed to provide incentives to bring uses in conformance. She was concerned about discretionary allowances. Councilmember Nelson said that non-conforming use needs to be stopped and a monetary security would not do that. Councilmember Latz would prefer to see a staff report and the legal ramifications involved with each option. Mr. Harmening replied they will consider the staff resources needed to complete the requested research. He asked for clarification from the Council on the extent of the information they want. Councilmember Brimeyer would like a written report and research, stating it could be a one-page summary. Mr. Meyer stated that would involve in-depth research for a future study session. Mayor Jacobs inquired about a change of hours at the Rec Center. Mr. Meyer replied that staff is looking into the issue. 6. Adjournment The meeting was adjourned at 9:40 p.m. City Clerk Mayor 8 Item # 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL MEETING ST. LOUIS PARK, MINNESOTA May 21, 2001 The meeting convened at 7:00 p.m. The following Councilmembers were present: Chris Nelson, Sue Santa, Ron Latz, Robert Young, Jim Brimeyer; Sue Sanger, and Mayor Jeff Jacobs. Council met briefly prior to their regular meeting to discuss appointment of board and commission members. The meeting adjourned at 7:19 p.m. City Clerk Mayor 9 Item # 3c UNOFFICIAL MINUTES ST. LOUIS PARK, MINNESOTA May 21, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer), City Attorney (Mr. Scott), Director of Community Development (Mr. Harmening), Director of Inspections (Mr. Hoffman), Manager of Grounds and Natural Resources (Mr. Vaughan), Human Resource Manager (Ms. Gohman), Economic Development Coordinator (Mr. Kleve), and Deputy City Clerk (Ms. Stroth). 2. Presentations a. Human Rights Essay presentation Mayor Jacobs congratulated the contest winner Shalisa Wilson and recognized the runners up to the Human Rights Essay Award. Human Rights Commissioner Kristin Rudelius-Palmer spoke about the statewide campaign to advance Human Rights and counter hate and bigotry. Mayor Jacobs congratulated the Human Rights Commission for their good work and contributions. 3. Approval of Minutes a. City Council Minutes of May 7, 2001 The minutes were approved with the following changes. Item 7a, Paragraph 3, change sentence to read “Councilmember Sanger disagreed with the assumption that this would be a safety hazard and not see the difference between buses stopping on Louisiana Ave versus buses stopping on Minnetonka Blvd. and Cedar Lake Rd. Item 7a, Paragraph 5, 1st sentence, change Minnetonka Blvd. to Cedar Lake Rd. and add the sentence “ Councilmember Santa made similar comments about Minnetonka Blvd.” after the first sentence. Item 7b, Paragraph 8, change sentence to read “He stated, based on information presented at earlier meetings by the City’s forestry department, that the overwhelming source of 10 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.” Item 7b, Paragraph 9, change 2nd sentence to read “ Ms. Jeremiah stated that the ordinance requires tree replacement after completion of construction or the City would exercise a letter of credit to do the replacement. 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 Councilmember Sanger would like to see the placement of the consent item # 2, property sale to the JCC, placed on the regular agenda as Item # 7d. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the agenda with the indicated change. Motion passed 6-0. c. Approval of Consent Items It was moved by Councilmember Santa, seconded by Councilmember Nelson, to approve the consent agenda with the removal of item 2. Motion passed 6-0. 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; 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 11 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 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 5. Public Hearings - None 6. Requests, Petitions, and Communications from the Public - None 7. Resolutions, Ordinances, Motions 7a. Public Safety Dispatch Contract for 1/1/01 – 12/31/01 Ms. Gohman gave a staff report outlining the details of the proposed contract. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the contract. Motion passed 7-0. Councilmember Latz felt it was a fair and mutual process where both parties look to maximize their benefit and come to an agreement. Councilmember Nelson wanted to congratulate both parties on a the contract agreement. 12 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 Mr. Harmening presented a staff report as well as an aerial view map. He stated that the Zoning Ordinance does permit this development, there are no variances being requested or requirement waivers for PUD or plats. He stated that there is one condition that still must be addressed prior to issuing an occupancy certificate, which is non-emergency medical calls. Fire department personnel are working on the issue and ways are being explored throughout the City to address it. Mr. Harmening stated then that the applicant is replatting the site. The Planning Commission had voted unanimously to approve both the preliminary and final plat and PUD subject to the conditions in the resolution. Mr. Harmening introduced Robert Feller, project architect, and Herb Margolis, consultant for Sholom Alliance. Councilmember Santa stated that in the staff report, the project is required to 176 parking spaces and the proposed number is 311. She felt this was excessive and wondered if this was to be used as shared parking. Mr. Feller commented this would be shared parking among the entire facility. Councilmember Brimeyer inquired how the non-emergency calls were treated. Mr. Harmening replied they are actual calls made for service and City personnel do show up, mostly for calls that are not highly critical. He stated that the number of calls has been increasing while more of these facilities being in built in St. Louis Park. Hew reporrted that the Fire Department is interested in working with the applicants to find ways to reduce the number of those calls by having on site medical personnel at the facilities. Mr. Margolis explained that they have experienced a problem of this sort before and part of the resolution to it is in the facility they would develop. He stated the different medical needs of senior housing, nursing homes, and assisted living. Their intent is for the Knollwood facility go back to the original intent of an adult living facility for the building. He said they hope that they can have a facility that is used for those truly in need of assistance and that the number of residents in nursing homes will go down due to an increase of assisted living options. He stated that assisted living facilities are receiving a large, favorable response locally and nationally. He added they would be a help to the fire department because their assisted living facilities have nurses on each floor that know how to respond to these situations and hopefully the fire department will receive less calls, therefore resolving that problem. Councilmember Brimeyer did not want city personnel to not respond to a call because nursing staff was on duty. He felt that when facilities of that nature are in the community you must attend to the calls received even if the call is non-emergency. Mr. Margolis state that by having nurses on staff, they keep the situation monitored and they know whether it’s something they can handle on their own. He hoped that the calls for service would decrease around sixty-five percent by taking this measure. 13 Councilmember Nelson asked the Mayor and City Manager if the issue of non- emergency calls will be brought forward to Council since the city personnel are looking into the situation and he felt it is a citywide problem. Mr. Meyer replied that staff have hopes to do so. However, as development proposals come in, assertions are made that medical staff will be on site but seem to fade out as time goes on or efforts are not made to contact medical staff, though that is not necessarily the case with this application. Mr. Meyer stated that with the number of calls that go out to the facilities all over St. Louis Park, staff will work with the facilities so that they have adequate staff and procedures so that staff and residents would be able to properly handle situations as they arise. It was moved by Councilmember Santa, seconded by Councilmember Latz, 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. The motion passed 7-0. 7c. Approve Sholom Community Alliance Private Activity Revenue Bonds Mr. John Utley, bond counsel, was in attendance to answer any questions Mayor Jacobs wanted clarification about the percentage of money the City receives from issuing these bonds. Mr. Meyer replied that the ordinance states that one-eighth of one percent of the outstanding bonds that are issued are paid over to the City. That fee could be used for general revenue but is now used to fund neighborhood revitalization instead. He added that this fee doe apply to this bond application as well. Councilmember Sanger asked for an explanation of the financial interest or any other interests that the City has in issuing these bonds. Mayor Jacobs stated it was his understanding that the City has no particular interest or obligation in the interest of the bonds. Mr. Utley stated that these transactions are structured for the City to issue the bonds and proceeds are loaned to the borrower with the borrower agreeing to pay the City in amounts that are sufficient for the City to pay the bonds. When speaking of a conduit between the bond holder and the borrower, the City passes the proceeds and loan payments through. The interest of the City in the obligations of the borrower to make those payments. Mayor Jacobs wanted it to be clear that since this is a revenue bond, it does not obligate the full faith and credit of the City of St. Louis Park. Mr. Utley clarified that the payments and revenue come directly from the facility and the City is procluded from using other assets to pay the bond. Councilmember Nelson asked what security is provided to the bond holder in the event of a default. Mr. Utley replied, that in this case, the bonds will be secured by the pledge of revenue to the City as well as the mortgage. It was moved by Councilmember Santa, seconded by Councilmember Latz, 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. 14 7d. Approve 2nd Reading of ordinance relating to the Sale of City Property located south of the Jewish Community Center at 4326 Cedar Lake Road and authorize execution of the amendment Councilmember Sanger explained that she removed this item from the consent agenda in response to calls that she had received in which they inquired to what the use of the property will be. She stated that the land in question provided a good buffer. Councilmember Sanger stated that she is highly supportive of selling land to the JCC though she understands the concern that has been expressed. Mr. Harmening explained why the price reduction came to be as well as the need for a new ordinance for the sale of land. He stated that no other changes are being proposed for the purchase agreement. He said the agreement allowed both the JCC and the City from closing on the property until all land use and planning approvals are given. He added approvals that will be needed in the future are a plat, rezoning, and an amendment to their special permit. Mr. Harmening stated that the proposed use for this property is fairly limited. Based upon conversations with the JCC, they hope to use a portion for parking lot extension. Notifications will be sent out when plans come before Council. Martha Abbott Lamar, 1414 Tyrol Trail (Golden Valley), informed Council that she was a member of the the South Tyrol Hills Neighborhood Association and they had met with Jeff Hachtman, director of the JCC, who told them that they do not intend to construct a building on the land and would like to expand the parking lot. She felt that the land in question provided a nice edge to the trail. She added that the neighborhood would like Council to add a condition to the purchase agreement, a conservation requirement that the land be maintained as a naturally wooded buffer that shields the JCC from the trail. She stated that if that land were sold again that it forever be maintained as a buffer. She had concerns over any future sale of the land. She hoped, if the land is later sold, this buffer will be preserved and maintained by any and all future owners, and be a condition of any sale. Mr. Harmening noted that the anyone who wanted to development or sell the land for residential use must first have the property re-guided. Councilmember Nelson stated that the purchase price was even with market value and tha twith a condition such as the one suggested, they could not receive the same purchase price. He felt that if the City wanted this land as a park, it should not be sold at all. He noted that the tree replacement policy would apply to land and any trees destroyed in the building of a parking lot would need to be replace in St. Louis Park. Mr. Harmening explained the tree replacement policy to Ms. Lamar. Councilmember Sanger stated that her understanding was that the JCC voluntarily is willing to leave a majority of the trees for a buffer strip. She asked Mr. Harmening what would be needed to see the land was not built upon and whether it would need to be rezoned. Mr. Harmening replied that the JCC requested that the land be guided as civic rather than residential. He added that the JCC had an incentive to leave as many trees as possible, as it is very expensive to replace them.. 15 Mayor Jacobs inquired about inserting a new clause into the agreement now. Mr. Harmening replied that there is not currently anything with that type of condition now and if it were to be done, the matter must go back to the JCC. Mr. Harmening informed Ms. Lamar that there is public access to the land. He added that developments could be placed on the site, however, there is an utility the runs along the middle of the land. Mr. Chachtman stated that it is the JCC’s intention to do as little with the property that they can other than using it for . He would like to assure the neighbors that the JCC has no desire to buy and then develop and sell the property. Mr. Margolis, development consultant for the JCC, stated that the property has very large amounts of rocks on it that would be very hard to move. He said that they would be affecting less than ten percent of the trees and only one and a quarter acre of land on the six acre lot. Mr. Margolis said that he was very concerned about the citizens to the north in Golden Valley and providing the proper buffers. They are prepared to have neighborhood meetings or on an individual basis. He stated they would be somewhat uncomfortable placing other restrictions on the property because they do not know what may happen in the future and feels there are enough measures in the approval process to deal with anything that happens in the future. Don Weiss, 1500 Alpine Pass (Golden Valley), inquired where the easement runs in relation to his neighborhood. Mr. Harmening replied that the City’s easement runs east to west through the middle of the property and is not near to the northern edge of the property. Mr. Meyer stated that they have a sanitary sewer on the northern side of the property that runs east to west. Mr. Weiss wanted Council to think about adding additional conditions to the agreement because of the fact that the future for the property is vague. Councilmember Latz stated that there will be more time to look at buffer zones. He asked for clarification on the sale price of $303,750.00 and he believed that it was a fair and justifiable price. Councilmember Sanger agreed that the additional steps in the approval process will allow them to be sure than an adequate number of trees were placed on this property in the process. She would like to give notice to the public on the expected timeline for this process. Mr. Margolis stated that their intent is to apply for zoning and platting permits almost immediately. The preliminary plans are being formalized. He anticipated that they may start construction in September. Mr. Harmening asked Council if they would be willing to extend the purchase agreement deadline for closing for a small amount of time to allow for the planning process to be completed. The deadline is in August. Mayor Jacobs stated they would address the issue at a later date. 16 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, 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 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. Councilmember Latz inquired if a closing date could be addressed tonight. Mr. Scott said they could address the issue tonight, but it would not be necessary. Councilmember Latz did not want to rush the approval process and feels it would be appropriate to extend the purchase agreement deadline. Councilmember Nelson did not want to extend purchase agreement but does agree with the purchase price that was set. Councilmember Sanger supported an extension of the deadline. Mayor Jacobs stated that he had not yet made a decision to extend the deadline, and there were other options he would like to explore. Councilmember Sanger did not feel that this needed to be decided tonight. Mayor Jacobs agreed and did not feel comfortable going forward at this time. Councilmember Santa agreed. 8. Boards and Committees a. Appointments to Boards and Commissions Mayor Jacobs thanked all applicants who volunteered to serve on a board or commission. It was motioned by Councilmember Young, seconded by Councilmember Brimeyer, to appoint the applicants below to the boards and commissions list below. Stephen Simon Community Education Advisory Council Kirk Hawkinson Parks and Recreation Advisory Commission Pat Rogers Human Rights Commission John Mann Human Rights Commission Tim Dornfield Board of Zoning Appeals Mayor Jacobs stated that they still have one vacancy on the Human Rights Commission. 9. Communications Mayor Jacobs reminded everyone of the conference at the High School on diversity that was sponsored by the Human Rights Commission. 10. Adjournment The meeting was adjourned at 8:50 p.m. 17 City Clerk Mayor City of St. Louis Park City Council Agenda Item # 5a Meeting of May 21, 2001 5a Public Hearing – Groves Academy Private Activity Revenue Bonds Public Hearing to consider issuing Private Activity Revenue Bonds for Groves Academy to finance the expansion of the existing schoolhouse facility and renovate a existing building. Recommended Action: Mayor to close the public hearing. Background: The City has been asked to consider the issuance of revenue bonds under Minnesota Statutes, Chapter 462C for a program consisting of the expansion of the existing schoolhouse facility by approximately 45,000 square feet and renovating the existing approximately 35,0000 square fool building located at 3200 Highway 100 South in St. Louis Park. The project will be owned and operated by Groves Academy. The aggregate face amount of revenue bonds proposed to be issued to finance the Project is presently estimated not to exceed $6,500,000. 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 May 14, 2001 study session. Final approval of the Private Activity Revenue Bond Issue will be requested at the June 18, 2001 City Council meeting. Attachment: Resolution Prepared by: Jean D. McGann, Director of Finance Approved by: Charles W. Meyer, City Manager 18 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS EDUCATIONAL FACILITY REVENUE BONDS (GROVES ACADEMY PROJECT), SERIES 2001; PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds or other obligations to make a loan to finance a revenue producing enterprise, including the financing of the costs of the acquisition and preparation of a site and the construction of a new educational facility; and WHEREAS, the City received an application for private activity revenue bond financing from Groves Academy, a Minnesota nonprofit corporation (the “Corporation”), with respect to the renovation, expansion, and improvement of its independent co-educational day school facilities located at 3200 Highway 100 South in the City (the “Project”); and WHEREAS, the City has prepared an Application to the Minnesota Department of Trade and Economic Development (“DTED”) for approval of the Project pursuant to the requirements of Section 469.154 of the Act. WHEREAS, a notice (the “Public Notice”) of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued with respect to the Project, the identity of the initial owner, operator, or manager of the Project, and the location of the Project by street address) was published in a newspaper circulating generally in the City at least fifteen (15) days before the regularly-scheduled meeting of the City Council of the City on June 4, 2001, the City Council has conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the proposed issuance of the Bonds (as defined below), and the location and nature of the Project; and WHEREAS, the proceeds derived from the sale of revenue bonds to be issued to finance the Project (the “Bonds”) will be loaned to the Corporation pursuant to the terms of a Loan 19 Agreement, dated as of June 1, 2001 (the “Loan Agreement”), between the City and the Corporation; and WHEREAS, the loan under the terms of the Loan Agreement will be secured by a Combination Mortgage, Security Agreement, and Fixture Financing Statement and Assignment of Leases and Rents, dated as of June 1, 2001 (the “Mortgage”), executed by the Corporation in favor of the City; and WHEREAS, the Bonds will be issued under a Trust Indenture, dated as of June 1, 2001 (the “Indenture”), between the City and Wells Fargo Bank Minnesota, National Association, as trustee (the “Trustee”), and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Project and the Loan Agreement; and WHEREAS, the loan repayments required to be made by the Corporation under the terms of the Loan Agreement will be assigned to the Trustee under the terms of the Indenture and the City’s rights as mortgagee under the Mortgage will be assigned to the Trustee under the terms of an Assignment of Mortgage and Security Agreement, dated as of June 1, 2001 (the “Assignment of Mortgage”), between the City and the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS: 1. The publication of the Public Notice is hereby ratified and approved in all respects. 2. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to prepare and submit the application to DTED required by the terms of the Act and to take all other actions related thereto and required by any other applicable laws and regulations. 3. The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 4. The City understands that the Corporation will pay directly or through the City any and all costs incurred by the City in connection with the Project, whether or not the Project is completed, and whether or not the Bonds are issued. 5. In order to apply all or a portion of the proceeds of the Bonds to reimburse the Corporation for Project expenditures paid prior to the date of issuance of the Bonds, Treasury Regulations, Section 1.150-2 (the “Regulations”), require that the City adopt a statement of 20 official intent to reimburse such original expenditures not later than sixty days after payment of the original expenditures. The Regulations also generally require that the Bonds be issued and the reimbursement allocation made from the proceeds of the Bonds occur within eighteen months after the later of: (i) the date the expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the Bonds. The City expects to reimburse the Corporation for the expenditures made for costs of the Project from the proceeds of the Bonds in an estimated maximum aggregate principal amount not to exceed $1,000,000 after the date of payment of all or a portion of the costs of the Project. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. 6. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in one or more series in the maximum aggregate principal amount not to exceed $5,000,000. The Bonds shall bear interest at a rate not to exceed 8.00 percent per annum. The Bonds shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued as “tax- exempt bonds” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the forms in the Indenture on file with the City, which forms are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds and the maturity dates, the interest rates on the Bonds, the terms of redemption of the Bonds, and variation from City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 7. The Bonds shall be special limited obligations of the City payable solely from the revenues provided by the Corporation pursuant to the Loan Agreement, and other funds pledged pursuant to the Indenture. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds, the City and the Trustee as set forth therein. 21 All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 8. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement, the Assignment of Mortgage, and the Bond Purchase Agreement, between the City, Miller Johnson Steichen Kinnard, Inc. (the “Underwriter”), and the Corporation (the “Bond Purchase Agreement”). All of the provisions of the Loan Agreement, Mortgage, Assignment of Mortgage, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, Assignment of Mortgage, and Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 9. The Bonds shall be revenue obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Indenture and the Loan Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under the terms of the Mortgage and the Assignment of Mortgage, and the other sources set forth in the Indenture. 10. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 11. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the City Tax Certificate, the Tax Exemption Agreement, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds. The City hereby approves the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Bonds that require execution by the Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Bonds. 12. The City has not participated in the preparation of the Preliminary Official Statement or the Official Statement relating to the offer and sale of the Bonds (the “Official Statement”), and has made no independent investigation with respect to the 22 information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bonds of the Official Statement, in the form on file with the City. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. The City hereby approves the Continuing Disclosure Agreement, dated as of June 1, 2001 (the “Continuing Disclosure Agreement”), between the Corporation and the Trustee, in the form now on file with the City, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. The Bonds are not rated but will be publicly offered in minimum denominations of $5,000 to individuals and other non-institutional investors. The City Council elects to depart from its guidelines (as set forth in Part III - Miscellaneous Matters of its Procedure for Application to City of St. Louis Park, Minnesota for Private Activity Revenue Bond Financing) with respect to the public offer and sale of non-rated bonds due to the level of merit and public purpose of the Project, the good standing of the Corporation in the City, and the reputation and experience of the Underwriter. 13. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, Mortgage, and Assignment of Mortgage which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 14. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents 23 and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Bonds issued under the provisions of this resolution. 15. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 16. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 17. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the City shall be authorized to act in his capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 18. This resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of St. Louis Park, Minnesota, this 4th day of June, 2001. Mayor City Manager 24 City of St. Louis Park City Council Agenda Item # 5b Meeting of June 4, 2001 5b. Public Hearing and First Reading of an ordinance to vacate portions of Natchez Avenue, Ottawa Avenue, 38th Street, Princeton Avenue, an alley and an existing sidewalk easement in Park Commons East. Case No. 01-08-VAC Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance to vacate portions of streets, an alley, and a sidewalk easement in Park Commons East and set Second Reading for June 18, 2001. Background:A Redevelopment Plan for Park Commons East was adopted by the City Council on December 4, 2000 and approved by the Metropolitan Council as part of our Comprehensive Plan in late December. The Redevelopment Plan shows the realignment of certain streets in the Park Commons East area. Implementation of the plan requires vacation of portions of streets and dedication of new street right-of-ways. There is also an existing alley that would need to be vacated as well as on old sidewalk easement along Excelsior Boulevard. The new street right-of- ways are being dedicated through the platting process (see Park Commons East Preliminary PUD, Plat and variances report). New sidewalk easements are also being required prior to execution of the final plat. Notices of the public hearing for the street vacations and Council consideration of the Preliminary PUD, Plat and variances have been mailed to a list of 1800 property owners. The Planning Commission considered the proposed vacations on May 16, 2001 and recommended approval on a vote of 5-0 subject to the following conditions: 1. The legal descriptions of the proposed vacations shall be approved by the City Attorney prior to City Council consideration. 2. The ordinance vacating the streets, alley and sidewalk easement shall be subject to final plat approval for Park Commons East and shall not become effective until evidence has been submitted to the City that the final plat and required easements have been recorded. The City Attorney is currently reviewing the legal descriptions. Since the proposed ordinance requires two readings, staff recommends that the City Attorney verifies the accuracy prior to Second Reading. The proposed ordinance states that it does not become effective until the final plat and required easements have been recorded. Attachment: Proposed Ordinance Map of Streets Being Vacated Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Charles W. Meyer, City Manager 25 ORDINANCE NO.___________ AN ORDINANCE VACATING CERTAIN STREETS, AN ALLEY AND A SIDEWALK EASEMENT IN PARK COMMONS EAST East of Quentin Avenue, North of Excelsior Boulevard to the Southern Portion of Wolfe Park, and West of Monterey Drive THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the streets, alley and sidewalk easement proposed to be vacated has been duly filed with the City Clerk, requesting vacation of the streets, alley and sidewalk easement and the City Clerk has furnished a copy of said petition to the City Manager who has required filing of same to the newspaper, the St. Louis Park Sailor, on May 23, 2001, as directed by the said notice and has conducted a public hearing upon said petition and has determined that the streets, alley and sidewalk easement are not needed for public purposes, and that it is for the best interest of the public that said streets, alley and sidewalk easement be vacated. Section 2. The following described streets, alley and sidewalk easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: See Attached Legal Description reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and public utility purposes. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect upon evidence of recording the final plat and required easements for Park Commons East. Adopted by the City Council June 18, 2001 Reviewed for Administration City Manager Mayor Attest: City Clerk 26 City of St. Louis Park City Council Agenda Item # 7a Meeting of June 4, 2001 7a. TOLD Development Company is requesting approval of a Preliminary Plat and Preliminary PUD with certain variances for Park Commons East Case No. 01-06-S and 01-07-PUD and 01-19-Var Recommended Action: Motion to adopt a resolution approving the Preliminary Plat, Preliminary PUD and variances subject to the conditions included in the resolution. Background: On December 4, 2000, the City Council approved a Redevelopment Plan and land use designations for Park Commons East as amendments to the Comprehensive Plan. The Metropolitan Council approved the Comprehensive Plan amendments on December 13, 2000. The City Council then rezoned the properties on January 16, 2001 for consistency with the Comprehensive Plan land use designations. The City currently owns all of the properties in the 16 acre Park Commons East area except Bally’s, which is not included in the proposed plat and PUD. The Preliminary PUD site is bounded by Bally’s and Wolfe Lake condominiums on the west, Excelsior Boulevard on the south, Westmoreland condominiums and Monterey Drive on the east, and the southern portion of Wolfe Park on the north. TOLD is currently proposing 660 housing units, 37,500 square feet of office, and 82,200 square feet of retail in a phased project (see attached Project Description for details). On May 2, 2001, the Planning Commission opened the public hearing for the Preliminary Plat, PUD and variances. Notices of the May 2nd public hearing had been mailed to a list of 1800 property owners. The Planning Commission heard testimony from several residents. One resident raised a concern regarding fire response time to the Minikahda Vista neighborhood. A memo from the City Fire Marshal responding to that concern is attached to this report. The Planning Commission continued the public hearing until May 16 to allow completion of a parking study and a full analysis of the plans. On May 16, 2001, the Planning Commission considered a complete staff review and heard additional testimony. The Planning Commission recommended approval of the Preliminary Plat, PUD and variances on a vote of 5-0 subject to conditions recommended by staff and one additional condition. The Planning Commission recommended naming the park edge road “Wolfe Parkway” instead of “Walden Parkway” as proposed by the developer. Notice has been sent to the list of 1800 property owners that the City Council is considering the Preliminary Plat, PUD, variances and vacations (see separate report) on June 4, 2001. 27 Issues:  Does the Preliminary Plat meet the requirements of the Subdivision Ordinance?  Are there any agency or utility comments that need to be addressed?  How will the phasing of construction be handled at final plat?  Is the Preliminary PUD information complete?  Is the Preliminary PUD generally consistent with the adopted Redevelopment Plan?  How are the park edge and town green designs being refined?  What are the traffic recommendations and how have they been integrated into the plans?  What are the parking study recommendations and how have they been integrated into the plans?  How is pedestrian/bicycle/transit circulation being handled? Analysis of Issues:  Does the Preliminary Plat meet the requirements of the Subdivision Ordinance? Future Phase Lots: Those lots in future development phases that will include for-sale townhome or condominium units do not currently include enough preliminary plat information relative to the condominium lots. Therefore, those lots will need to apply for subsequent preliminary and final plat approval. This has been included as a condition of approval. Tree Replacement: The Planning Commission required submission of a tree replacement plan prior to City Council consideration. The plan has been submitted and is included in your packets. It does not yet include the impact on trees in Wolfe Park, due to the construction of the new park edge road. Plans for that area are being revised based upon input from the Park and Recreation Director. A new tree replacement plan is being required as part of the Final PUD submittal for Phase 1. This is included as a condition of approval. Blocks and Pedestrianways: The Subdivision Ordinance specifies that in blocks longer than 300 feet, pedestrianways or easements may be required near the center of the blocks. Block 1 (Phase One West and Future Phase W) and Block 2 (Phase One East and Future Phase E) are over 300 feet. Private access drives with pedestrian sidewalks are shown between the lots of these blocks, although the drives/sidewalks are not centered in the blocks. The widest individual lots are Phase One West, which is over 500 feet wide and Phase One East, which is over 400 feet wide. Neither include internal “pedestrianways” or easements. However, public parking ramps are shown near the center of these lots. Since most people will be parking in these central ramps and using them to gain pedestrian access to the rest of the development, staff believes the intent of the provision has been met. Street ROW widths and street sections Variances are requested to the Subdivision Ordinance to allow street right-of-way widths and street sections as shown on the Preliminary Plat and PUD plans. The street right-of-way width along 38th/39th (shown as Grand Avenue) is less than the 60 feet usually required. However, sidewalk easements will be conveyed to the City along both 28 sides of the right-of-way. Therefore, staff believes the widths are adequate and when combined with the easements, meet the intent of the ordinance provisions. The street sections require variances to approve the one-way design along the town green as well as the angled parking on the town green and park edge road. The Fire Marshal has approved the proposed street widths and the angled parking is shown on the adopted Redevelopment Plan. Therefore, staff believes the street sections are adequate and in keeping with the Comprehensive Plan for the area. Street names: The City Clerk has researched the issue of naming streets and has determined that the City does not have a street naming policy, other than the provisions included in the Subdivision Ordinance. Any street name with the word “park” in it requires a variance to the Subdivision Ordinance. The developer has requested to use the name Walden Parkway for the park edge road and Parker Street for the roadway bisecting Block 2. Staff believes “parkway” is the most appropriate name for the park edge road, and therefore supports the variance. The Planning Commission also supports the variance for use of “parkway”. However, the Planning Commission has recommended naming the street “Wolfe Parkway” to eliminate confusion. This has been included as a condition of approval. Parker Street is currently shown as a private road. However, the City may require it to be dedicated as right-of-way as part of the final plat. Therefore, the proposed variance would also apply to Parker Street. The developer is also requesting approval for the one-way streets on either side of the town green to be named Market Street. The Subdivision Ordinance states that any street that is a logical extension of an existing street shall use the same name. Although the town green streets could be considered a logical extension of Natchez, the section north of Excelsior Boulevard was previously named Ottawa. There is also existing right-of-way named Natchez north of 38th on the west side of the Westmoreland Hills Condominiums. Therefore, staff does not believe it is appropriate to use Natchez around the town green. However, “streets” run east and west in St. Louis Park, and “avenues” run north and south. Therefore, staff recommends naming the town green streets “Market Avenue”. The developer is also requesting renaming 38th/39th Street. The Preliminary Plans show it as “Grand Avenue”. However, that name is associated with St. Paul, so the developer is now requesting naming it “Grand Place”. The idea of renaming 38th/39th was raised at a meeting that included about 35 residents of the Wolfe Lake and Westmoreland Hills condominiums. At that time, there was not a specific proposal, and there was no consensus regarding whether or not the street should be renamed. If the Council is interested in exploring this further, staff recommends sending a survey to the condominium residents to determine interest in renaming 38th/39th to “Grand Place”. Staff could bring the results of the survey to the Council prior to action on the final plat. Drainage/utility easements: The Subdivision Ordinance requires drainage and utility easements around the perimeter of all lots. The developer is not showing such easements and they have been deemed unnecessary by the Public Works Department and utility companies. Therefore, staff and the Planning Commission support a variance to the Subdivision Ordinance to eliminate this requirement. 29 Lot sizes: The Preliminary Plat shows Lot 2, Block 2 with a minimum width of 68 feet. That parcel is zoned R-C, which has a minimum lot width requirement of 80 feet. This is in Future Phase E, which will have to come back through Preliminary Plat approval, since it will likely be subdivided as condominium lots. Additional R-C lot width variances may also be needed for future Phase W and NE. The Planning Commission has recommended approval of all of the proposed variances based upon the following findings: 1) that there are special circumstances or conditions affecting the property such that strict application of the ordinance would deprive the applicant of the reasonable use of the land; 2) that the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property; 3) that the variance is to correct inequities resulting from an extreme physical hardship; and 4) that the variance is not contrary to the intent of the Comprehensive Plan. Preliminary Grading and Utility Plans: The Preliminary Grading Plan for the park edge has not yet been approved by the City. The developer, Park and Recreation Director and other staff have met at the site and discussed potential changes, which are being made and will be part of the Final PUD/Plat submittal for Phase 1. The Preliminary Grading and Utility Plan for 38th/39th Street has also not yet been approved. There is a utility issue (see below) as well as potential impacts on Westmoreland condominium property trees with the proposed plan. The grading plan for 38th/39th is also being revised for the Final PUD/Plat submittal. Approval of the plans by Public Works and the Park and Recreation Director has been included as a condition of approval.  Are there any agency or utility comments that need to be addressed? Hennepin County has submitted letters indicating their acceptance of the plan provided the appropriate permits are obtained for work in the right-of-way. Qwest has raised a concern regarding the potential effects of the proposed Preliminary grading plan on a fiberoptic line that is under 38th/39th Street. Staff has included a condition requiring this issue to be resolved by protection of the existing location or relocation of the fiberoptic line, which may need to be buried deeper under the street.  How will the phasing of construction be handled at final plat? As noted, future phase lots will need to reapply for preliminary as well as final approval to address condominium lots. Final Plat submittals will be phased. The Final Plat for Phase 1 will show all future development lots as outlots. Building construction will not be allowed to commence on the future development lots until all final approvals are received. Construction of access drives, interim parking, and other interim improvements, such as temporary sidewalks and landscaping, will be allowed on the future development lots subject to City approval.  Is the Preliminary PUD information complete? 30 At the time of Planning Commission consideration, there were a few minor outstanding issues. The Planning Commission recommended revision of certain plans prior to City Council consideration. Most of the changes have been made and are included in your packets. There is still an inconsistency with the Utility Plan showing development on Future Phase W. This can be rectified with a note on the official exhibit.  Is the Preliminary PUD generally consistent with the adopted Redevelopment Plan? The Preliminary PUD appears to be generally consistent with the Redevelopment Plan that was adopted as part of the Comprehensive Plan. Density: The amount of retail has decreased compared to the Redevelopment Plan, due in part to Bally’s no longer being included. The amount of office has also decreased compared to the Redevelopment Plan, due to the Bally’s site not being included at this time for redevelopment as office. The number of proposed residential units is consistent with the Redevelopment Plan (see attached Project Description for proposed uses). Height: The Redevelopment Plan states that building heights south of 38th/39th Street will generally be 2-4 stories, while building heights north of 38th/39th Street will generally be 6-8 stories. TOLD’s current proposal includes mostly 4 story buildings south of 38th/39th Street with a portion of the future boutique office building at the corner of Monterey and Excelsior Boulevard shown as 2-stories. North of 38th Street, TOLD is proposing a 7-story building on the west side of the town green. This is consistent with the 6-8 stories anticipated by the Redevelopment Plan. On the east side of the town green, TOLD is currently proposing a 4 story building, which is somewhat lower than what was anticipated by the Redevelopment Plan. However, TOLD has indicated that they would like some flexibility in that block to address a market study that is currently underway and may recommend additional for-sale units in a somehat taller condominium building. This could be considered under the 6-8 story guidance of the Redevelopment Plan. Number of stories and heights of the for-sale townhomes are not yet included and will need to go through subsequent preliminary review and approval. The City has previously indicated a desire for more for-sale units by stacking them in 3-4 story buildings. The heights as proposed are generally consistent with the Redevelopment Plan. Mixed-Use Criteria: The Redevelopment Plan notes that daycare can be considered a retail/service use for meeting ground floor mixed-use criteria, and a fitness center (Bally’s) can be considered an office for meeting upper story mixed-use criteria. A daycare is still being considered and will likely occupy the ground floor of Building 1B. This is a change from the Redevelopment Plan, which showed the daycare close to the park. As noted, a new location is no longer proposed for Bally’s. Access to Multiple-Family: The Redevelopment Plan states that access to residential units will be approved through the PUD process. Westmoreland Hills condominium owners have expressed some concern over previous proposals that showed an entry drive to the new apartments directly west of their building. Their concern was that headlights would shine into their units. TOLD’s current proposal shows the entry drive on the east side of Future Phase NE, 31 which may need to be redesigned or effects mitigated. This should be addressed when that future phase applies for preliminary and final approvals. Right-of-Way: The Redevelopment Plan states that design of public right-of-ways, including exact location and width of streets, on-street parking design, and width of boulevards and sidewalks will be approved through the PUD and platting process. As noted, TOLD is requesting certain variances to the street right-of-way widths and sections to accommodate one- way designs and angled parking. Existing right-of-way will be vacated subject to dedication of the new platted right-of-ways. Exact dimensions and designs of boulevards, sidewalks and transit stops will be further addressed in Final PUD plans. Open Space: Open space has been significantly increased compared to the Redevelopment Plan to incorporate courtyards in the center of buildings south of 38th/39th Street. Total usable open space in this plan is 1.4 acres more than the Redevelopment Plan. This is the net gain after considering the impacts of additional for-sale townhomes that are conceptually proposed along the park edge road in these plans. The townhomes will have to go through subsequent preliminary and final PUD and Plat approval. FAR and GFAR: The Redevelopment Plan states that Floor Area Ratio (FAR) and Ground Floor Area Ratio (GFAR) shall be generally consistent with the redevelopment concept plan and as specifically approved by PUD. TOLD’s current proposal is generally consistent with the previous plan, except that the FAR of the building north of 38th Street and east of the town green has decreased, while the GFAR of that building has increased. In other words, the building has less overall floor space, since the height has been reduced, but it covers more ground area, because the footprint has been increased. Ground floor area on Excelsior Boulevard has decreased, due to spaces between buildings to allow access to new above-ground parking structures (see Off-Street Parking section). Building Setbacks: The Redevelopment Plan states that building setbacks, including distances for internal roadways and parking lots, should be generally consistent with the redevelopment concept plan and as approved by PUD. Building setbacks are generally consistent with the redevelopment concept plan. Building lot lines have generally been placed 5-8 feet from the building facades to eliminate potential Building Code problems with balconies, door openings, etc. Landscaping and Bufferyards: The Redevelopment Plan states that landscaping and bufferyards will be as specifically approved by PUD. A general landscape plan is required for Preliminary PUD consideration and is included with the submittal. As noted, more information is needed to adequately determine tree replacement requirements. Detailed landscape plans are required for Final PUD consideration. Off-Street Parking: The Redevelopment Plan states that parking should be generally consistent with the redevelopment concept plan and as specifically approved by PUD. TOLD’s current proposal includes a significant change in the off-street parking design compared to the redevelopment concept plan. Rather than surface lots between the buildings leading to additional underground parking for the retail south of 38th/39th Street, the majority of retail parking would 32 be provided in above-ground structures between the buildings. This was done to accommodate the courtyard design and increase the amenities for apartment dwellers. Residential parking and most of the office parking would still be below ground, but in a single level below ground, rather than two levels as previously proposed. Below-ground residential parking is proposed at 1.2 spaces per unit for the buildings south of 38th/39th Street and 1.4 spaces per unit for the buildings north of 38th/39th Street. Some residents and guests would share on-street or ramp parking with other uses. The townhomes are proposed to have 2 reserved spaces per unit, which should be adequate. The overall number of parking spaces has been reduced compared to the previous plan. In order to verify that there is adequate parking for all uses, including park and town green events, the City has contracted with Walker Parking Consultants to undertake a detailed parking analysis. That study is complete and is included as an attachment. It is discussed further below.  How are the park edge and town green designs being refined? The proposed design of the park edge has not yet been approved by the Park and Recreation Director. Staff and the developer have met at the site and the plans are being revised based upon staff comments. The proposed conditions of approval require the preliminary plans to be approved by the Park and Recreation Director and more detailed plans for the park edge to be submitted as part of the final PUD and plat applications. The detailed town green design will also be part of the Final PUD submittal. The proposed town green design was recommended by a task force and has been accepted in concept by the City Council. Details regarding public art and specific site materials are still being considered by the design professionals.  What are the traffic recommendations and how have they been integrated into the plans? Signal at Excelsior Boulevard and Natchez/Market Street (Town Green): A traffic signal has been a recommendation for this intersection since the town center community design process in 1996. The traffic signal has also been recommended by the traffic study that was included in the previous packet and by the MPCA as part of their review of the EAW. The signal has been approved by Hennepin County subject to an agreement that is currently being reviewed by the City. Town green traffic recommendations: The traffic study recommends two lanes of approach southbound on the west side of the town green at Excelsior Boulevard. The study recommends an exclusive left-turn lane and a through/right-turn lane. The plans are currently showing an increased street width to accommodate this improvement. Staff has also asked the traffic consultant for recommendations regarding traffic control around the town green, due to the proposed angled parking and traffic circle. The traffic consultant has recommended that there not be a passing lane around vehicles waiting to park in the angled parking, because such passing would cause vehicular and pedestrian safety issues. It appears that the proposed size of that lane (approximatley 16 feet) would not accommodate passing. The traffic consultant is comfortable with the proposed traffic circle, provided stop signs are also included at that intersection to ensure pedestrian safety. A traffic control/signage plan is being required as part of the final PUD submittal. 33 Actuated-coordinated timing plans on Excelsior Boulevard: Sensitive timing of signals on Excelsior Boulevard will allow efficient movement of vehicles on the County road while accommodating pedestrian crossings at signalized intersections. The coordinated system currently ends at Quentin Avenue. The traffic study recommends developing timing plans to include the signals east to Monterey Drive. The City will work with the County on this recommendation. Access at Monterey Drive/38th–39thStreet: The traffic study recommends a full movement one way stop controlled intersection, as existing, at the Monterey Drive/38th-39th Street entrance to the project area. The traffic study recommends modifying Monterey Drive to add a northbound left-turn lane onto 38th-39th Street from Monterey Drive. This does not appear to be shown on the Preliminary PUD plans but has been addressed in the proposed conditions of approval. The Traffic Study also recommends having one through lane and one through/right-turn lane from southbound Monterey Drive onto 38th-39th Street. The plans attempt to reflect these improvements, but details of the exact lane widths are currently being refined, and some revisions to the plans may be made. Details to address pedestrian and bicycle provisions along Monterey and elsewhere are also being required as part of the final PUD submittal. Excelsior Boulevard/Monterey Drive Intersection: The traffic study recommends reconstruction of the Excelsior Boulevard/Monterey Drive intersection to better accommodate southbound traffic on Monterey Drive. Recommendations include two left turn lanes onto Excelsior Boulevard This should help prevent unnecessary cut-through traffic into the neighborhood to the south, especially with a long left-turn signal time. There would be only one through lane and one right-turn lane. Again, the developer has attempted to show these improvements in the plans, but further details are being required for final PUD. Eliminate On-Street Parking on Portion of Monterey: The traffic study recommends eliminating on-street parking for the section of Monterey Drive between 36-1/2 Street/Rec. Center entrance and 38th-39th Street to accommodate three to four traffic lanes and to improve sight lines and safety. The study recommends two lanes in the southbound direction and one or two lanes in the northbound direction depending upon space availability. The City is considering this further. Parking on Monterey between 38th/39th and Excelsior Boulevard will also be eliminated. The City is working on plans to address the needs of the businesses immediately east of Monterey.  What are the parking study recommendations and how have they been integrated into the plans? The parking study looks at two alternative scenarios. Scenario One assumes future redevelopment of the Bally’s parcel (which is not currently proposed), and Scenario Two includes redevelopment as currently proposed without the Bally’s parcel. The study analyzes available parking at different times of the day and days of the year for all of the combined uses and by individual phase. The study concludes that the overall planned parking supply is adequate to meet the projected demand under peak annual conditions and endorses the current proposal. 34 The study shows that the current proposal includes about 9% more parking at build-out than peak demand. Often, a 15% “cushion” is built into projects to alleviate potential problems when parking is lost due to inadequate snow plowing, one car taking 2 spaces, temporary construction closures, etc. However, most of the parking in this project will be below-ground or in covered portions of ramps. Therefore, very little parking should be lost during snow plowing, and the 9% “cushion” should be adequate. If not, an additional 70 stalls could be added to the Phase One West ramp by adding a level. The structure is being designed to accommodate the expansion if needed, and this has been addressed in a condition of approval. Interim parking (temporary surface lots) might also be necessary to accommodate park and town green uses if either Future Phase NW or Future Phase NE is built prior to the boutique office (which will provide shared evening/weekend spaces with park users). This has also been addressed in a condition of approval.  How is pedestrian/bicycle/transit circulation being handled? Sidewalks are being shown and are required to be constructed along both sides of all streets and access drives. Bicycles will have the option of riding on-street through most of the area or using off-street facilities being designed on Monterey Drive. Details on pedestrian and bicycle provisions are being required as part of the final PUD submittal. The transit circulators and one mainline bus are currently using Natchez/Ottawa from Excelsior Boulevard north to 38th/39th and are then going west on 39th and south on Quentin to service the area and turn around. Temporary transit routes will have to be devised for the area during street construction. Permanent transit stops and waiting areas for connections between circulators and mainline routes will be addressed as part of the final PUD submittal. Recommendation: Staff and the Planning Commission recommend approval of the Preliminary Plat, Preliminary PUD and variances subject to the conditions included in the attached resolution. Attachments:  Proposed Resolution  Memo from John Lindstrom, Fire Marshal  Project Description Submitted by TOLD  Parking Study by Walker Parking Consultants  Reduced Preliminary Plat and PUD Drawings Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Charles W. Meyer, City Manager 35 RESOLUTION NO. 01-049 A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “M-X” MIXED USE, “R-C” MULTIPLE FAMILY RESIDENTIAL, AND “R-3” TWO-FAMILY RESIDENTIAL LOCATED EAST OF THE BALLY’S PROPERTY AT QUENTIN AVENUE, WEST OF MONTEREY DRIVE, AND NORTH OF EXCELSIOR BOULEVARD TO THE SOUTHERN PORTION OF WOLFE PARK, COMMONLY KNOWN AS PARK COMMONS EAST AND PRELIMINARY PLAT – PARK COMMONS EAST AND VARIANCES TO THE “R-C” LOT WIDTH REQUIREMENTS AND SUBDIVISION ORDINANCE REQUIREMENTS REGARDING RIGHT-OF-WAY WIDTHS, STREET SECTIONS/NAMES AND UTILITY EASEMENTS WHEREAS, applications for approval of a Planned Unit Development (PUD), Preliminary Plat and variances for Park Commons East were received from the applicant on January 16, 2001 (accepted as complete applications on May 9, 2001), and WHEREAS, notice of a public hearing on the Preliminary PUD and Plat and Variances was mailed to 1800 property owners including all owners of property within 500 feet of the subject property plus additional property owners, and WHEREAS, notice of public hearing on the Preliminary PUD and Plat and Variances was published in the St. Louis Park Sailor on February 7, 2001, and WHEREAS, the Planning Commission opened the public hearing at the meeting of February 21, 2001, and continued discussion to the March 21, 2001 meeting, and WHEREAS, notice of public hearing was published in the St. Louis Park Sailor on April 4, 2001, and WHEREAS, notice of the public hearing scheduled for April 18, 2001 was rescinded, and WHEREAS, notice of a public hearing on the Preliminary PUD and Plat and variances was mailed to 1800 property owners including all owners of property within 500 feet of the subject property plus additional property owners, and WHEREAS the notice of public hearing 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, heard testimony and continued discussion to May 16, 2001, and 36 WHEREAS, on May 16, 2001, the Planning Commission heard additional testimony and recommended approval of the Preliminary PUD and Plat and Variances on a 5-0 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. TOLD Development Company 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 M-X, R-C, and R-3 districts located east of the Bally’s property at Quentin Avenue, west of Monterey Drive, and north of Excelsior Boulevard to the southern portion of Wolfe Park, commonly known as Park Commons East and TOLD Development Company, and the City of St. Louis Park, owners and subdividers of the land proposed to be platted as Park Commons East have submitted an application for approval of preliminary plat of said subdivision with variances 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: See Attached Legal Description 2. The proposed preliminary 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. 01-06-S, 01-07-PUD, and 01-19-VAR) and the effect of the proposed PUD, Plat, and Variances 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, Plat, and Variances 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, Plat, and Variances are in harmony with the general purpose and intent of the Zoning Ordinance and the 37 Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 5. Consideration has been given to the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect of the variances upon the Comprehensive Plan. 6. Because of special conditions on the subject property and surrounding property that are peculiar to such property or immediately adjoining property, it has been found that applying the strict requirements of the Subdivision Ordinance will cause a demonstrable hardship or difficulty to the property owner. 7. The contents of Planning Case Files 01-06-S, 01-07-PUD, and 01-19-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development, Preliminary Plat for Park Commons East and Variances at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The Preliminary Plat is approved subject to Final Plat and PUD approvals and the following conditions: a. future phase lots that are required or proposed to include owner-occupied units, including Lot 2, Block 2, Lot 2, Block 3 and possibly Lot 1, Block 3, must reapply for preliminary approval of such condominium lots prior to or concurrent with final plat applications for those phases. b. all street right-of-way (R.O.W.) shall be dedicated to the City or Hennepin County as shown subject to approval of the final plat, and vacation of existing City streets, an alley, and an existing sidewalk easement along Excelsior Boulevard; Final Plat approval of Lot 2, Block 1 and Lots 2 and 3, Block 2 are subject to future right-of- way dedication or public easements for access drives on those lots. c. Outlots A, B and C shall be retained for public purposes. d. proposed street names shall be revised as follows: “Walden Parkway” shall be revised as “Wolfe Parkway” and “Market Street” shall be revised as “Market Avenue”; all proposed street names are subject to further consideration and final approval. e. The Phase 1 Final Plat shall show all future development parcels as outlots; such outlots shall be subject to future final plat approval prior to any permanent building construction; construction of access drives, interim parking and transit facilities is permitted on Phase 1 Final Plat outlots provided City approval is obtained and any necessary access easements or agreements are executed. f. Preliminary grading plans are subject to the approval of the Director of Public Works and Park and Recreation Director; preliminary utility plans are subject to the approval of the Director of Public Works and must accommodate protection or relocation of the existing fiberoptic line in 38th/39th Street. 38 g. The Preliminary Plat approval includes the following variances to the Subdivision Ordinance: i) Street right-of-way and street sections shall be as shown on the approved preliminary plat subject to the conditions of final plat and PUD approval for each phase; street names may include the word “park” subject to final plat and PUD approval. ii) Drainage and utility easements shall not be required around the perimeter of all lots. iii) Lots sizes may be less than the “R-C” Zoning District requirement per Preliminary and Final PUD approval. h. Minimum building setbacks are subject to Preliminary and Final PUD approval for each phase. i. Prior to execution of the Final Plat for each phase: i) the existing development agreement shall be amended as necessary and a new planning development agreement shall be executed between the developer and City/EDA. ii) public sidewalk easements shall be approved by the City Attorney for those areas of private development lots between the public street and building setback. j. Prior to any site work, the Final Plat and PUD for Phase 1 shall be approved, the Final Plat for Phase 1 shall be executed, and required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed District and any other required agencies; prior to any grading in Wolfe Park, MPCA shall be informed of the plans and MPCA approval shall be received, if required. k. All street improvements shall be completed and sidewalks shall be installed along all public and private streets and access drives subject to Preliminary and Final PUD approval and City approval of detailed construction drawings. l. Prior to issuance of any building permits, which may impose additional conditions: i.) Evidence of recording the final plat and easements shall be submitted to the City. ii.) . the Indirect Source Permit shall be approved by the MPCA 2. Future phases of the Preliminary PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b. A minimum of 35 stacked townhomes for owner-occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. c. The City may consider proposals for permanent use of Future Phase W either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. 39 d. Variances to the 80 feet minimum lot width of the “R-C” District may be approved subject to Preliminary and Final Plat and PUD approvals. e. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. f. Approval for construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 3. Phase 1 of the Preliminary PUD is approved subject to Final PUD and Plat approval and the following conditions: a. Phase 1 shall include construction of all streets, on-street parking, utilities, sidewalks and private access drives within the entire PUD area; Phase 1 shall include completion of streetscape adjacent to all Phase 1 properties and Wolfe Park; Phase 1 shall include construction of temporary sidewalks along the side of streets and drives that are adjacent to future phases; curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed during construction of each future phase. b. Phase 1 shall include regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, and streetscape subject to the approval of the Park and Recreation Director. c. Phase 1 shall include construction of the entire town green from Excelsior Boulevard to Wolfe Park with temporary sidewalks north of 38th/39th until permanent sidewalks/streetscape are completed during construction of each future phase d. Phase 1 buildings shall include a police substation and adjacent public restrooms as approved by the City. e. Code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, landscaping/bufferyards, and off-street parking as shown are approved based upon a finding of general consistency with the approved Redevelopment Plan and subject to final PUD approval. f. outdoor seating is permitted in association with restaurants and food service uses subject to Final PUD approval, easement provisions, and subsequent City approval of specific outdoor seating plans. g. all parking shall be open to the general public at all times except as follows: on-street parking may be restricted by the City, and below-ground parking may be restricted to building residents as indicated by Final PUD approval. h. if parking is deemed inadequate by the Zoning Administrator based upon evidence of parking in fire lanes, drive aisles or other inappropriate areas, the developer shall be required to rectify the situation by construction of interim parking, an additional level to the Phase 1 West ramp, or other means as approved by the City subject to any pertinent provisions of the development agreements. i. proposed “Market Street” north of 38th/39th (proposed Grand Avenue/Place) may be closed for events as approved by the City. j. the developer is required to comply with all provisions of the Final Plat resolution, development agreements, Metropolitan Council LCDA grant agreement, Indirect Source Permit, and other MPCA and Watershed District approvals. 4. Phase 1 Final Plat and PUD plans shall include the following: 40 a. all requirements of the Subdivision Ordinance for Final Plat submittal. b. all requirements of the Zoning Ordinance for Final PUD submittal. c. final plans and cross sections of the park edge improvements based upon recommendations of the Park and Recreation Director. d. plans for dispersion of 18 income-assisted two-bedroom rental units throughout the Phase 1 East and West buildings. e. plans for the police substation and public restrooms. f. plans for construction of traffic improvements in conformance with recommendations of the traffic study, including a left-turn lane from northbound Monterey Drive to 38th Street (proposed Grand Avenue). g. traffic control and directional signage plans. h. plans to accommodate an off-street pedestrian/bicycle connection on the west side of Monterey Drive between Excelsior Boulevard and 38th Street (proposed Grand Avenue); plans for bicycle parking within the entire Phase 1 PUD area. i. plans to accommodate temporary and permanent transit stops, connections, and bus parking as necessary in conformance with Metro Transit recommendations. j. town green and streetscape plans for local streets, private access drives, and Excelsior Boulevard in conformance with plans from the City’s streetscape consultant. k. plans for location of newspaper boxes. l. detailed tree replacement and landscape plans. m. lighting and photometric plans. n. building elevations, proposed building materials and colors, and proposed private signage locations. o. construction phasing and mitigation plans including plans for any necessary temporary access or proposed permanent changes to adjacent properties. p. interim maintenance plans for future phase properties. 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 development agreement shall address those issues which the City Council deems appropriate and necessary. Reviewed for Administration: Adopted by the City Council June 4, 2001 City Manager Mayor Attest: City Clerk 01-06-S-01-07-pud-01-19-var-prelim 41 MEMO DATE: 05/10/01 7:35 AM TO: Janet Jeremiah FROM: JOHN LINDSTROM, FIRE MARSHAL SUBJECT: Park Commons Traffic JANET: After reviewing the proposed plans for the Park Commons project, I do not see anything in the street designs that would impede the response of fire department apparatus through this area. It is my understanding that a number of the new intersections will be equipped with the Opticom (Optical Traffic Control) devices, which should, actually, enhance our response through this area. John A. Lindstrom Fire Marshal 42 City of St. Louis Park City Council Agenda Item # 7b Meeting of June 4, 2001 7b. 2001 Sojourner Contract Renewal of existing contract with Sojourner Project, inc., to perform advocacy services for victims of domestic violence. Recommended Action: Authorize Mayor and City Manager to execute contract with Sojourner Project, Inc. in the amount of $39,159.00 for advocacy services for the period January 1 through December 31, 2001. The contract has been reviewed by the City Attorney. Background: The City has allocated funding to Sojourner Project, Inc., since 1989. During that time, Sojourner has provided the advocacy component to the victims of domestic violence within the City. These services are available 24 hours a day, 365 days per year. In 1997, funding for Sojourner was transferred from the General Services budget unit to the police department for review of service needs and development of a contract. The first annual contract with Sojourner was executed in 1997. The 2001 contract has been modified with the addition of an automatic renewal provision. There are no automatic rate increases in the provision. Analysis: Intervention case statistics in St. Louis Park for the last five years are: 1996 1997 1998 1999 2000 Police/Sojourner Interventions: 124 153 135 138 177 City Funding: $38,204 $38,204 $39,159 $39,159 $39,159 For the purpose of this report, an intervention has been defined as an arrest, or a request for complaint charge in which Sojourner, Inc. provided follow up services or counseling. According to Sojourner, Inc., from 1996 through 2000, there were 727 interventions done in St. Louis Park. During that same time period, the City paid $193,885 for those services. Averaging those figures shows that the City has paid approximately $267 per intervention over the last five years. These figures do not include non-arrest counseling and services provided to City residents. 43 Staff is aware that the City Council wishes departments to competitively bid services whenever possible to do so. The domestic abuse advocacy contract has not been put out for competitive bids for the following reasons: 1. Sojourner Project, Inc. has been performing the advocacy work for the City since 1989 and is aware of the City’s policy for the deliverance of these services. 2. Sojourner Project, Inc. has adequate staff to meet the City’s needs for an advocacy program. 3. There are a very limited number of advocacy organizations in the metro area that could meet the requirements of the contract, and these organizations focus their service delivery on specific geographic pieces of the metro area. Attachments: Proposed 2001 Agreement with Sojourner Project Inc. Request for Funding dated 12/11/00 (on file in Clerk’s office) Prepared by: John D. Luse, Chief of Police Approved by: Charles W. Meyer, City Manager 44 AGREEMENT This AGREEMENT is effective January 1, 2001, between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and SOJOURNER PROJECT, INC., a duly organized Minnesota non-profit corporation ("Sojourner"). WHEREAS, Sojourner has organized a Domestic Assault Intervention Project within the Hennepin County suburban area for the general purpose of intervening in domestic assault cases by providing information and advocacy for victims of domestic assault and by advocating appropriate responses to assailants within the criminal justice and human services systems; and WHEREAS, City, recognizing its commitment to the exploration and development of appropriate community actions in response to domestic violence has pledged the sum of Thirty Nine Thousand One Hundred Fifty-nine and 00/100 Dollars ($39,159.00) for 2001, to contract with Sojourner for the services of Sojourner in accordance with its Domestic Assault Intervention Project. NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: 1. Initial Term and Automatic Renewal Provision. Sojourner shall render services to City in accordance with its Domestic Assault Intervention Project, for a period of one year, beginning January 1, 2001, and ending December 31, 2001 and continuing thereafter on an annual basis under the same terms and conditions unless either party gives written notice to the other by November 30 of any year of its intent to terminate the contract at year end. 2. Duties of Sojourner. Sojourner shall provide the following services: a) Administer and supervise its Domestic Assault Intervention Project in the City of St. Louis Park, as more fully described in Exhibit "A" attached hereto. b) Work with the City Attorney and the court system to seek court outcomes that offer maximum safety for victims and hold assailants accountable for violent behavior. Assist the City Attorney in the development and annual review of a domestic assault prosecution plan. Work with the City's Police Department as set forth in this Agreement. c) Recruit, train, and supervise volunteers in accordance with its Domestic Assault Intervention Project. 45 d) Upon notification by the City Police Department, trained volunteers or Sojourner staff will follow domestic assault arrests with telephone contact with the victim within one hour of receiving notice from the City. If the victim does not have a telephone, Sojourner shall make reasonable efforts to contact the victim; taking into consideration the safety of the victim and availability of Sojourner staff and volunteers. e) Throughout the arrest and court process, trained volunteers or Sojourner staff will provide domestic assault victims with information concerning emergency shelter, protective orders, legal services, and support/educational groups available to domestic assault victims. f) Maintain a twenty-four hour telephone service to be staffed by trained volunteers or Sojourner staff. Sojourner through its twenty-four hour telephone service shall (1) provide information to callers regarding services and alternatives available to victims of domestic assault, and (2) contact the appropriate Sojourner staff or volunteers as soon as domestic assaults are called in by the City Police Department. g) Provide support/educational groups for victims. Provide community education designed to inform residents about the problem of domestic assault and the services available through Sojourner. In conjunction with designated City staff, provide educational sessions to young adults concerning the legal and social aspects of domestic assault. h) Develop and provide a training program to the City Police Department on the Domestic Assault Intervention Project, if requested by the City Police Department. The training program shall include policy/procedure updates, judicial and legislative actions affecting domestic assault arrests. i) Sojourner staff and volunteers may not advocate to the Court or to the City Attorney on behalf of any individual who is identified as a suspect or defendant in any criminal matter involving the City. Sojourner may contact another advocacy organization regarding said individual. If Sojourner is unable to arrange advocacy through another individual or organization, a Sojourner representative who is not a primary advocate assigned to City cases may be present in court to support a defendant in a criminal matter involving the City. The volunteer shall not publicly announce their presence or affiliation with Sojourner. Sojourner shall not use its relationship with the City, the City Police Department, or the City Attorney's office to obtain information on a defendant in a criminal matter involving the City. If Sojourner desires public data on such defendant, the request shall be in writing, and shall disclose that it is on behalf of such defendant. 46 j) Act as a support network for City domestic assault victims and their children. k) Provide quarterly reports to the City within 30 days after the end of each quarter. The quarterly reports must contain data on referrals from the City Police Department, actual service numbers, staff time, studies and other data requested by City Staff to verify that the funding provided by the City is used for City residents. Upon request, Sojourner will allow City staff reasonable access to all of its records for the purpose of verifying information submitted in quarterly reports. l) The Community Team Coordinator of Sojourner shall meet at least annually with designated City staff. Additional meetings may be held as deemed necessary. All of the above duties shall be performed by Sojourner in consultation with the City Police Chief or designee. 3. Consideration. The total annual obligation of the City for all reimbursements to Sojourner in the year 2001 and any automatic renewal year thereafter shall not exceed Thirty Nine Thousand One Hundred Fifty-nine and 00/100 Dollars ($39,159.00). 4. Terms of Payment. Consideration for all services performed by Sojourner pursuant to this Agreement shall be paid by the City as follows: a) Reimbursement shall be four payments of Nine Thousand Seven Hundred Eighty-nine and 75/100 Dollars ($9,789.75). b) Payments shall be made by the City within thirty (30) days after Sojourner's presentation of invoices for services performed. c) Invoices shall be submitted to the City by Sojourner quarterly, no later than the 10th day of the month following the end of the quarter. 5. Conflict Resolution/Termination. The City and Sojourner agree to contact each other if there is a disagreement or the services or information provided are unsatisfactory, describe the problem in writing, and make a good faith effort to resolve the problem. If the problem cannot be resolved, this Agreement may be terminated by the City or Sojourner, in the terminating party’s sole discretion, upon thirty (30) days written notice to the other party. In the event of such a termination, Sojourner shall only be entitled to payment determined on a pro rata basis for work or services performed up to the date of 47 termination. This paragraph does not apply to a decision by either party to terminate at year end pursuant to Paragraph 1. 6. Liability. Sojourner is acting as an independent contractor. All Sojourner staff or volunteers provided hereunder, or other agents, or employees of Sojourner shall not be employees of City, and Sojourner agrees to be responsible for any and all worker's compensation, employee benefits, withholding, F.I.C.A., and taxes applicable to such persons. Nothing contained in this Agreement shall render either party an agent of the other for any purpose, or either party liable for any debts, liabilities, or obligations of the other, whether now or existing or incurred in the performance of this Agreement, and neither party shall have the authority by virtue of this Agreement to represent or bind the other in any manner whatsoever. 7. Insurance. Sojourner shall carry and keep in force insurance including but not limited to general liability and automobile liability insurance and worker's compensation insurance in compliance with applicable statutes. Said insurance policies shall be from an insurance company licensed to do business in Minnesota. 8. Indemnification. Sojourner agrees to indemnify and keep indemnified and defend, hold and save City harmless from and against any and all actions or cause of action, claims, demands, loss, damage or expenses, including reasonable attorney's fees, which City shall or may at any time sustain, precipitate, or incur arising out of or in relation to the conduct of Sojourner or employees, agents, volunteers or servants of Sojourner acting within the scope of and in connection with Sojourner's Domestic Assault Intervention Project. 9. Non-Assignability. This Agreement is personal to the parties specified herein and may not be transferred or assigned by either party hereto. 10. Integration. This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the City and Sojourner. This Agreement shall not be altered or modified except by an instrument in writing signed by the parties. 11. Equal Opportunity. Services to be rendered pursuant to this Agreement shall be provided regardless of race, color, national origin, religion or sex. Sojourner shall require its staff and volunteers to receive ongoing training to increase awareness and sensitivity to racial, cultural and religious diversity. 48 IN WITNESS WHEREOF, the parties have caused the execution of this Agreement on their behalf by their duly authorized representatives. SOJOURNER PROJECT, INC. BY: ________________________________ Its Executive Director CITY OF ST. LOUIS PARK BY: ________________________________ Its Mayor AND _______________________________ Its City Manager Attest: City Clerk 49 City of St. Louis Park City Council Agenda Item # 7c Meeting of June 4, 2001 7c. Wolfe Park Amphitheater This report considers approving a contact with Damon Farber Associates for the design of the Wolfe Park Amphitheater. Recommended Action: Motion to approve the contract with Damon Farber Associates for the design of the Wolfe Park Amphitheater in an amount not to exceed $40,825. Background: The Wolfe Park amphitheater design and construction has been on hold until the Park Commons development plans were refined. It was critical that the location of Park Edge Road was established before the design of the amphitheater continued. Since the road alignment is close to being finalized, staff would like to proceed with the design of the amphitheater. Selection of a Landscape Architect Staff is recommending that Damon Farber Associates be hired to complete the design and construction documents. Staff has worked with this firm on the landscape plans for the Town Green and Park Commons areas and has been impressed with the creativity of the staff at Damon Farber Associates. Damon Farber will be the lead staff person working on this project and has also worked on other amphitheater projects in the Minneapolis/St.Paul area. Some of these projects include: • Black Dog Amphitheater in Burnesville • City of Plymouth Amphitheater • ADA improvements to the Minnesota Zoological Garden Amphitheater • Central Park Bandshell and Amphitheater concepts in Eagan Scope of the Project and Costs Staff will direct Damon Farber Associates to work within the original scope of the project. As the site was not laid out in a manner that is conducive to a "band shell" type structure, it will be designed to have a hard surface area for performers and a terraced seating area for visitors. The original budget for the project was $405,000 ($315,000 from the State and $90,000 from the Wolfe Park project). Damon Farber's contract for design fees will not exceed $40,825. Staff would like to proceed and present conceptual design concepts to the City Council at a Study Sessions in July. At that time the consultant should have some idea of what can be constructed for $364,175, which is the money remaining after consulting fees. If staff and the consultant believe that the budgeted amount of money will compromise the design of the amphitheater, staff will bring the issue to Council for discussion. 50 Timelines Staff would like to begin working with Damon Farber Associates in June of 2001. At this time, staff is estimating the construction of the project would happen in the Spring of 2002. This would allow for the area to be under construction at the same time as the first phase of Park Commons. Staff will bring this item to the City Council at a Study Session in July once an initial design has been developed and cost estimates have been refined. Attachments: Attachment A outlining the consultant fees Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager 51 Attachment A Our work will be prepared using a survey plan, which will be supplied by the City of St. Louis Park. The design process and products must be tied to a realistic bidding and construction schedule. The materials and construction methods for the amphitheater will have a major impact on the schedule and the budget. Site Analysis Fee Fee 1. Evaluate context of Amphitheater site $ 225 2. Prepare an existing Conditions and opportunities assessment $ 1,500 3. Review Precedent Studies $ 600 4. Meet with Parks and Recreation Department to discuss Scope and Schedule $ 450 Site Analysis Subtotal $ 2,775 Schematic Design 1. Prepare three preliminary options $ 3,600 2. Meet with Parks and Recreation Department to review preliminary layouts $ 450 3. Revise consensus choice and prepare preliminary cost estimate $ 2,400 4. Meet with Parks and Recreation Department to review revised layout $ 450 Schematic Design Subtotal $ 6,900 Design Development 1. Refine design of Amphitheater $ 2,400 2. Coordinate design of Town Green terminus $ 1,200 3. Prepare detailed cost estimate of entire project $ 800 4. Meet with Parks and Recreation Department to review detail layouts $ 450 5. Revise detail designs based on Parks and Recreation Department input $ 1,500 6. Prepare preliminary details & specifications $ 1,600 7. Prepare illustrative plan drawings of preliminary layout $ 600 8. Meet with Parks and Recreation Department to review $ 450 Design Development Subtotal $ 9,000 52 Construction Documents 1. Demolition plans – 1 sheet $ 600 2. Construction plans – 2 sheets $ 2,400 3. Layout & grading plans – 2 sheets $ 2,400 4 Restoration & planting plans – 2 sheets $ 1,200 5. Details – 2 sheets $ 2,400 6. Specifications $ 800 7. Meeting to review 50% CD $ 450 8. Prepare final construction budget $ 600 9. Meeting to review 95% CD $ 450 10. Submit 100% CD plans and specs $ 600 11. Print 20 sets of Contract documents for bidding $ 800 Construction Document Subtotal $ 12,700 Construction Assistance 1. Twelve weekly meetings and site construction visits $ 2,100 Construction Assistance Subtotal $ 2,100 Subtotal of Landscape Architectural Design Services $ 33,475 Approx. Reimbursable Expenses (to be billed at cost) $ 1,350 Total of Landscape Architectural Design Services $ 34,825 Electrical and Structural Engineering Services (if needed) $ 6,000 Total Design Services not to exceed $ 40,825 53 City of St. Louis Park City Council Agenda Item # 7d Meeting of June 4, 2001 7d. City Engineer’s Report: Storm Water Flood Area No. 15 – Improvements at Keystone, Roxbury and Lake Street Parks and Storm Sewer construction on Dakota Avenue and W. 33rd Street. City Project No. 00-07 This report considers Storm Water and Park improvements at Keystone, Roxbury, and Lake Street Parks and Storm Sewer construction on Dakota Avenue and W. 33rd Street to alleviate flooding in Area No. 15. Recommended Action: Due to the significant increased cost of this project, it is recommended the City Council defer action and schedule this for the June 25, 2001 Study Session. Background: As a result of severe storms and subsequent flooding in 1997, the City initiated a Storm Water Management Program to address flooding in 22 problem areas. A number of homes in the area of W. 31st and 32nd Streets and Dakota Avenue experience frequent flooding. After studying this area, the City’s Engineering consultant has recommended using nearby Parks for temporary storm water storage to alleviate flooding during the more intense and severe rainstorms. Construction to relieve flooding also presents an opportunity to upgrade the affected parks. As part of this, it is also proposed to construct a new storm sewer on Dakota Avenue and W. 33rd Street to divert storm water to Lake Street Park. Discussion: Following is a description of the impacts on the three parks: Keystone Park – The existing ballfield would be eliminated and the field lowered approximately five (5) feet. The sliding hill on the South side of the park would be extended to the elevation of the new multi-use field. A bituminous trail would circle the field and connect to a volleyball court, play area, swing set and sun shelter in the Southwest corner of the park. The trail would also extend South and connect to Blackstone Avenue. Lights will be included around the trail at the request of the residents. The multi-use field would be designed with a sub-grade drain tiles and a granular base to provide a more stable and better draining surface. The parking lot on Alabama Avenue will be enlarged with an area for portable toilets and a drinking fountain on the South end. The estimated cost for improvements to Keystone Park is $632,755. Roxbury Park – The North end of the park would be excavated approximately eight (8) feet to provide storm water storage. A storm sewer pipe will connect Roxbury to Keystone to equalize storm water storage and drainage. The existing trail would be reconstructed to match proposed grades and encircle the storm water storage area. There will be lighting 54 included around the trail. There would also be an area for a swing set and a separate play area on the South end of the park. The estimated cost for improvements to Roxbury Park is $157,696. Lake Street Park – The two (2) hockey rinks at Lake Street Park would be eliminated. One rink will be moved to Parkview Park and the other location is yet to be determined. Lake Street Park would be excavated approximately fifteen (15) to eighteen (18) feet and returned to its original state as a wetland. The edges of the wetland will have 10 to 1 slopes to encourage growth of wetland vegetation and aquatic plants. This will also provide some filtering and nutrient absorption for the wetland. Connections to the storm sewer system will also be constructed. The estimated cost for improvements to Lake Street Park is $284,222. In summary, the Storm Water Improvement Project impacts on the three parks are:  Eliminate the two hockey rinks at Lake Street Park. One rink will be moved to Parkview Park and the other rink location is unknown at this time.  Excavate Lake Street Park to return it to its original state as a wetland  Construct the playground equipment at Roxbury Park  Move the basketball court and sun shelter from Roxbury Park to Keystone Park  Reconstruct Keystone Park to accommodate a sun shelter, playground equipment and a basketball court and create an open space that could be used for football and soccer. After this summer, Keystone would no longer be used for adult softball.  Abandon the pedestrian underpass at this time.  Move the trail to the bottom of the hill on the South side of Keystone Park.  Eliminate parking on the south side of Keystone Park off the cul-de-sac.  Add lights adjacent to the trails at both Keystone and Roxbury Parks. Storm Sewer Construction The storm sewer construction consists of installing a new storm sewer trunk line beginning at the intersection of West 33rd Street and Edgewood Avenue and carrying this line easterly to the intersection of 33rd Street and Dakota Avenue. From this point, the storm sewer will be installed north along Dakota Avenue to West 33rd Street and then continue east to Lake Street Park. This project will also include installing additional catch basins on Dakota Avenue and along Colorado Avenue north of West 33rd Street to further alleviate flooding problems in these locations and to allow for the diversion of storm water runoff from existing systems north of this area back to Lake Street Park. The trunk storm sewer line will range in size from a 36-inch to a 42-inch diameter reinforced concrete pipe. The estimated cost for improvements to the storm trunk system is $554,400. Public Meetings: 55 On April 18, 2001, the plans for the park revisions were presented to the City’s Park and Recreation Commission and were approved. On April 24, 2001, the proposed plans were presented to area residents. Although the general concept plans were acceptable, residents did request minor revisions. Some of the revisions included relocating trails, providing input on the selection of playscape equipment, lighting locations, landscaping, parking, and eliminating the pedestrian underpass at this time. Financial Considerations: During the preliminary Feasibility Study for Storm Water Food Area #15, three alternatives were developed. Alternative No. 1 provided for flood proofing homes and garages and some redirection of storm water. This alternative was estimated to cost $172,000. Alternative No. 2 provided for the excavation of Lake Street Park for storm water storage and construction of storm sewer pipe to divert water to Lake Street Park. The estimated cost of this alternative is $410,000. Alternative No. 3 was to purchase homes impacted by the flooding. The estimated cost of this alternative is $875,000. During the design process, it was determined that Alternative No. 1 would not remedy the flooding situation in Area #15 and it was decided to pursue Alternative No. 2. During the design/development process, Alternative No. 2 evolved into the proposal described above at the cost of $1,629,074. Project Costs Keystone Park Roxbury Park Lake Street Park Storm Sewer Total Construction Costs $513,600 $128,000 $230,700 $450,000 $1,322,300 Contingency (10%)$51,360 $12,800 $23,070 $45,000 $132,230 Subtotal $564,960 $140,800 $253,770 $495,000 $1,454,530 Consultant Eng/Adm (12%)$67,795 $16,896 $30,452 $59,400 $174,544 Total $632,755 $157,696 $284,222 $554,400 $1,629,074 Revenue Sources General Obligation Revenue Bonds Summary and Recommendation Based upon the increased scope of the project beyond which was planned and budged for, staff recommends the City Council accept comments from any members of the public in attendance at the meeting (they had been told this would be on the June 4th agenda). Upon review of the cost estimates from the City’s consultant we further recommend that the Council direct City staff and consultant to review the project scope and determine if a more cost effective alternative can be developed, and schedule this for the June 25, 2001 Council Study Session. Attachments: Plan Prepared by: Carlton B. Moore/Maria A. Hagen, City Engineer Approved by: Charles W. Meyer, City Manager 56 57 City of St. Louis Park City Council Agenda Item # 7e Meeting of June 4, 2001 7e. City Engineer’s Report: Alley Paving – 2700 block between Brunswick Avenue and the C.P. Railroad tracks – Project No. 01-xx This report considers paving the alley in the 2700 block between Brunswick Avenue and the C.P. Railroad tracks in response to a petition by the adjacent property owners. Recommended Action: Motion to adopt the attached resolution that accepts this report, establishes Improvement Project No. 01-xx, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of July 2, 2001. Background: On September 15, 2000 the residents in the 2700 block between Brunswick Avenue and the C.P. Railroad tracks submitted a petition to the City requesting the alley be paved in accordance with the City’s standard for alleys. The petition was signed by more property owners (54.15%) than the 51% needed to advance the project. City Alley Paving Special Assessment Policy: The following is the City’s Alley Paving Special Assessment Policy: A. The cost of alley improvements for residential properties shall be assessed as follows when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if, no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. Discussion: The City’s standard design for alley paving includes six (6)-inch thick concrete pavement 10 feet in width with driveway apron connections between the paved alley and abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility of the property owner. In accordance with City practice, the driveway connections will match existing materials 58 and grades. It is proposed that pavement grades be established to provide positive drainage without requiring storm sewer construction. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. The Policy also provides for the assessments to be levied as direct and indirect benefits based upon abutting frontage. Since this alley abuts the C.P. Railroad tracks, the City’s practice, in similar situations, is to fund the railroad portion of the alley cost which amounts to 50%. Estimated assessments and an estimated payment schedule have been attached for informational purposes. A summary of the estimated costs and proposed assessments, based upon the City’s Assessment Policy for alley improvements is as follows: Estimated Costs: Construction Costs $ 50,000 Contingency (10%) $ 5,000 Subtotal $ 55,000 Engineering & Administrative (12%) $ 6,000 TOTAL $ 61,000 Revenue Sources: Special Assessments $ 30,500 City G. O. Bonds $ 30,500 TOTAL $ 61,000 Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council, June 4, 2001 Council sets date for Public Hearing and Assessment Hearing • Staff holds informational meeting with residents June • City Council holds Public Hearing & Assessment Hearing July 2, 2001 • Advertise for bids July • Bid Opening Late July • End of 30 Day Appeal on Assessments August 2, 2001 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals August 6, 2001 • Construction August/September Feasibility: The project, as proposed herein, is necessary, cost effective, and feasible under the conditions noted and at the costs estimated. 59 Note: Staff will schedule an informational meeting prior to the Public Hearing/Assessment Hearing and will notify the City Council of the meeting place and time. Attachments: Resolution Plan Property owner list with estimated assessments Prepared by: Carlton Moore/Michael P. Rardin, Public Works Approved by: Charles W. Meyer, City Manager 60 RESOLUTION NO. __________ RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 01-xx, DIRECTING STAFF TO SPONSOR AN INFORMATIONAL MEETING, AND SET A PUBLIC HEARING AND ASSESSMENT HEARING DATE OF JULY 2, 2001 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the alley paving in the 2700 block between Brunswick Avenue and the C.P. Railroad tracks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the alley paving in the 2700 block between Brunswick Avenue and the C.P. Railroad tracks Project No. 01-xx is hereby accepted. 2. The proposed project designated as Project No. 01-xx is hereby established. 3. An improvement hearing is to be held on July 2, 2001 for affected property owners. 4. Staff is authorized to hold a neighborhood meeting for those owners. Attest: Adopted by the City Council June 4, 2001 City Clerk Mayor Reviewed for Administration: City Manager 61 PROPOSED ALLEY PAVING 2700 BLOCK BETWEEN BRUNSWICK AVE AND THE C P RAILROAD ESTIMATED COST: 50% Total $30,500 A. 70% DIRECT BENEFIT direct $21,350 ( garage, or drive access ) B. 30% INDIRECT BENEFIT indirect $9,150 (reduction of dust, noise, and mud; improvement in service ) PAYMENT SCHEDULE FOR ESTIMATED ASSESSMENT TYPICAL ASSESSMENT = = $1,550 INTEREST RATE = 0.07 YEARS = = = = = = = 20 PRINCIPAL PRINCIPAL INTEREST YEAR BALANCE PAYMENT PAYMENT TOTAL 1 $1,550 $78 $109 $186 2 $1,473 $78 $103 $181 3 $1,395 $78 $98 $175 4 $1,318 $78 $92 $170 5 $1,240 $78 $87 $164 6 $1,163 $78 $81 $159 7 $1,085 $78 $76 $153 8 $1,008 $78 $71 $148 9 $930 $78 $65 $143 10 $853 $78 $60 $137 11 $775 $78 $54 $132 12 $698 $78 $49 $126 13 $620 $78 $43 $121 14 $543 $78 $38 $115 15 $465 $78 $33 $110 16 $388 $78 $27 $105 17 $310 $78 $22 $99 18 $233 $78 $16 $94 19 $155 $78 $11 $88 20 $78 $78 $5 $83 TOTAL $1,550 $1,139 $2,689 62 CITY COUNCIL MEETING June 4, 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 amend the financial terms of City Agreement No. 1897, between the City and AT&T Wireless (AT&T) for space on the water tower at 2500 Nevada Avenue for communications antenna. 2. Motion to adopt the Resolution granting the minor amendment to the existing Special Permit for Park Glen Apartment at 4401 Park Glen Road to permit the construction of a foyer addition, subject to the conditions in the resolution. Case # 01-23-SP 3. Motion to accept the following report for filing: a. Vendor Claims 63 CONSENT ITEM # 1 St. Louis Park City Council Meeting of June 4, 2001 1. Motion to amend the financial terms of City Agreement No. 1897, between the City and AT&T Wireless (AT&T) for space on the water tower at 2500 Nevada Avenue for communications antenna. Background: In 1988, the City negotiated an antenna lease agreement with AT&T for placement of a communications antenna on our water tower. This was the first water tower antenna lease in the City and numerous others have occurred since. The financial terms of this agreement required the monthly rent remain fixed for the initial five-year term of the Agreement and for the rent to be adjusted based upon the Consumer Price Index (CPI) for the remainder of the Agreement. In all other City antenna lease agreements, the rent adjustment is based on an annual percent (%) increase and not the CPI. Issue: The City and AT&T have historically had a problem agreeing on the CPI adjustment calculation. While the agreement clearly defines the CPI and region of the country to be used for the calculation, we have continually had minor differences in the adjustment amount to be used. In addition, the CPI adjustment methodology requires some administrative effort to implement annually. The City Finance Department calculated the average annual rent increase using the CPI over the past years to be approximately 2.4%. In an effort to eliminate this administrative problem, the Finance Department has recommended elimination of the CPI adjustment and simply provide for an annual rent increase of 3%. This change has been proposed to AT&T and is acceptable to them. Recommendation: Staff recommends approving the amendment which changes the method of rent adjustment by eliminating the CPI adjustment in favor of an annual 3% increase for the remainder of City Agreement No. 1897 with AT&T, as outlined in attached Exhibit A. Attachments: Amendment No. 1 Rent Schedule Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Jean McGann, Director of Finance Approved by: Charles W. Meyer, City Manager 64 CITY OF ST. LOUIS PARK AMENDMENT NO. 1 TO WATER TOWER LEASE AGREEMENT CONTRACT NO. 1897 THIS AMENDMENT NO. 1 to Water Tower Lease Agreement (this “Amendment”) is entered into as of the _____________ day of _______________, 20_______, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “LANDLORD”, and AT&T WIRELESS SERVICES OF MINNESOTA, INC. d/b/a AT&T Wireless, a Nevada corporation successor-in-interest to Minnesota Cellular Telephone Company, a Minnesota corporation hereinafter referred to as “Tenant”. WHEREAS, Landlord and Tenant entered into that certain Water Tower Lease Agreement dated December 13, 1988 (the “Agreement”); and WHEREAS, Landlord and Tenant desire to amend the Agreement to provide for an annual Rent increase of three percent (3%); and WHEREAS, Landlord and Tenant hereby express their mutual desire and intent to amend the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, Landlord and Tenant hereby agree as follows: 1. Landlord and Tenant hereby acknowledge and agree that the current Rent under the Agreement is Eight Hundred Sixteen and 49/100 Dollars ($816.49) per month. 2. Paragraph 3(02) of the Agreement is hereby replaced in its entirety with the following paragraph. (02) Beginning on January 1, 2002, and each January 1 thereafter, including throughout any renewal terms exercised, the Rent payable by Tenant shall be increased by three percent (3%) over the previous year’s Rent. 3. All capitalized terms not herein defined shall have the same definitions as in the Agreement. 4. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence. 65 5. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified, remains in full force and effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. IN WITNESS WHEREOF, the parties below have caused this Amendment to be executed as of the date first written above. CITY OF ST. LOUIS PARK AT&T WIRELESS SERVICES OF MINNESOTA, INC., d/b/a AT&T WIRELESS ___________________________________ Jeffery W. Jacobs, Mayor ___________________________________ Theodore P. Broich Its System Development Manager ___________________________________ Charles W. Meyer, City Manager By ________________________________ Its ________________________________ Attest: __________________________________ Cynthia D. Reichert, City Clerk 66 Exhibit A CITY CONTRACT NO. 1897 RENT SCHEDULE Term Term Monthly % Year Start Year Amount Due Increase 1988 11-28-88 signed agreement 1989 Initial 1994 Renewal 1 1999 Renewal 2 2001 3 $816.49 2002 4 $840.98 3% 2003 5 $866.21 3% 2004 Renewal 3 1 $892.20 3% 2005 2 $918.97 3% 2006 3 $946.54 3% 2007 4 $974.93 3% 2008 5 $1,004.18 3% 2009 Renewal 3 1 $1,034.31 3% 2010 2 $1,065.33 3% 2011 3 $1,097.29 3% 2012 4 $1,130.21 3% 2013 5 $1,164.12 3% Agreement No. 1897 expires Dec. 31, 2013 67 CONSENT ITEM # 2 St. Louis Park City Council Meeting of June 4, 2001 2 Motion to adopt the Resolution granting the minor amendment to the existing Special Permit for Park Glen Apartment at 4401 Park Glen Road to permit the construction of a foyer addition, subject to the conditions in the resolution. Case # 01-23-SP Background: On February 18, 1986, the City Council heard Case # 86-003-SP and adopted Resolution #86-24 to permit the construction of two (2) apartment buildings containing a total of 290 dwelling units. The apartment units were constructed in accordance with the approved plans and are currently in compliance. The applicant wishes to construct a foyer with the dimension of 11 feet x 14 feet. This addition will be located completely within the “courtyard” of the building and will not encroach into any required setback or the existing parking lot. Issues: • Does the proposed addition comply with the Zoning Ordinance? Analysis of Issues: • Does the proposed addition comply with the Zoning Ordinance? The proposed addition will not add leasable space or dwelling units; therefore, additional parking is not required. The proposed addition will not encroach into the required setback since it is located within the building’s perimeter and it will not reduce the usable open below what is required. The addition will be constructed of glass and brick for exterior materials, so it will also meet the architectural requirements of the code. Recommendation: Staff recommends approval of the minor amendment to the existing Special Permit, subject to the conditions in the resolution. (The amendments to the original resolution are underlined.) Attachments: Addendum to Exhibit A - Site Plan Addendum to Exhibit G - Elevations Proposed Resolution Prepared by: Scott Moore, Assistant Zoning Administrator, 952-924-2592 Approved by: Charles W. Meyer, City Manager 68 RESOLUTION NO. 01-048 AMENDING RESOLUTION 86-24 A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-195(3) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A 290- UNIT APARTMENT DEVELOPMENT FOR PROPERTY ZONED R-4, MULTIPLE FAMILY RESIDENCE DISTRICT, LOCATED AT THE PROPOSED INTERSECTION OF BELT LINE BOULEVARD EXTENDED AND PARK GLEN ROAD AND A FOYER ADDITION BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings WHEREAS, the City Council adopted Resolution 86-24 approving the Special Permit on February 18, 1986 and, WHEREAS, the property owner has applied for a minor amendment to the Special Permit to allow a foyer addition, NOW THEREFORE: 1. Franz Klodt and Son, Inc. has made application to the City Council for a special permit under Section 14-195(3) of the St. Louis Park ordinance code for the purpose of constructing a 290-unit apartment development for property zoned R-4, located at the proposed intersection of Belt Line Boulevard extended and Park Glen Road for the legal description as follows, to-wit: That of the West Half of Section 6, Township 28, Range 24, lying Northerly of Belt Line Industrial Park and Belt Line Industrial Park 2nd Addition, according to the recorded plats thereof and lying Easterly of the Easterly right-of way line if State Highway no. 100 and Southerly of the following described line: Commencing at the center of said Section 6: thence on an assumed bearing of North 1 degree 14 minutes 46 seconds East along the East line of said West Half 822.58 feet to the point of beginning of said line; thence South 65 degrees 20 minutes 12 seconds West 2566.30 feet to the intersection with the centerline of State Highway No. 100 and said line there terminating. ALSO That part of the Northeast Quarter of Section 6, Township 28, Range 24 lying Southerly of the first described line described as follows: Commencing at the Southwest corner of said Northeast Quarter; thence on an assumed bearing of North 1 degree 14 minutes 46 seconds East, along the West 69 lone said Northeast Quarter 822.58 feet to the point of beginning at said first line; thence Northeasterly 272.51 feet along a non-tangential curve, concave to the Southeast, having a radius of 2926.07 feet and a central angle of 5 degrees 20 minutes, 10 seconds, the chord of said curve bears North 73 degrees 54 minutes 17 seconds East; thence North 70 degrees 40 minutes 22 seconds East, tangent to last described curve, concave to the Southeast, having a radius of 2507.46 feet and a central angle of 18 degrees 59 minutes 38 seconds; thence North 89 degrees 39 minutes 59 seconds East, tangent to last described curve, 340.32 feet; thence Easterly 395.11 feet along a tangential curve, concave to the North having a radius of 2015.74 feet and a central angle of 11 degrees 13 minutes 51 seconds to the intersection with the East line of said Northeast Quarter and said first line there terminating. And North of the second described line described as follows: Commencing at the Southwest corner of the Northeast Quarter of the Southwest Quarter of said section 6; thence on an assumed bearing of South 88 degrees 47 minutes 27 seconds East along the South line of said Northeast Quarter of the Southwest Quarter 618.28 feet to the point of beginning; thence North 30 degrees 44 minutes 36 seconds East 1185.78 feet; thence South 59 degrees 15 minutes 24 seconds East 40.00 feet; thence Northeasterly 572.29 feet along a non-tangential curve concave to the Southeast, having a radius of 1286.71 feet and a central angle of 25 degrees 29 minutes 00 seconds, the chord of said curve bears North 43 degrees 29 minutes 06 seconds East; thence North 56 degrees 13 minutes 36 seconds East, tangent to last described curve, 49.40 feet; thence Northeasterly 1177.25 feet along a tangential curve, concave to the Southeast, having a radius of 9582.80 feet and a central angle of 7 degrees 02 minutes 20 seconds; thence North 26 degrees 44 minutes 04 seconds West, not tangent to last described curve, 50.00 feet; thence Northeasterly 1206.77 feet along a non-tangential curve, concave to the Southeast, having a radius of 9632.80 and a central angle of 7 degrees 10 minutes 40 seconds, the chord of said curve bears North 66 degrees 51 minutes 16 seconds East; thence North 70 degrees 26 minutes 35 seconds East, tangent to last described curve 237.52 feet to the intersection with the East line of said Section 6 and said second line there terminating. (Also to be known as Lot 1, Block 1, Belt Line Business Park, a new subdivision approved by the City Council on February 3, 1986 by Resolution No. 86-21. Said plat is required to be filed under Condition No. 2.) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 86-03-SP) and the effect of the 290-unit apartment development 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 areas, the effect of use on the comprehensive plan, and compliance with the intent of the Zoning Ordinance. 70 3. The Council has determined that the proposed 290-unit apartment development will not be detrimental to the health, safety or general welfare of the community, nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate the surrounding property values, and the proposed 290-unit apartment development is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Conclusion The special permit to permit the construction of a 290-unit apartment development at the location described is granted based on the finding set forth above and subject to the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A – Site Plan; Exhibit B – Landscape plan; Exhibit C – Grading Plan; Exhibit D – Utility Plan; Exhibit E – Garage Plan, Building One and Building Two (to generally show the location of the parking stalls and trash facilities); Exhibit F – Floor Plan Typical, Building One and Building Two (to generally show the location of the units, exterior walls, building geometric and balconies); Exhibit G – Building One and Building Two Elevation Plans, as modified by the following: (Exhibits are on file in the City Development Department at the City of St. Louis Park.). (Amended by Condition 15) 2. That the plat of Belt Line Business Park be filed with the County and that the applicant and subdivider execute the subdivision contract providing for the dedication of roadway, utility, and drainage easements, and providing for the construction of roadway and public improvements as specified and required in the ordinance and subdivision regulations. 3. That easements for pond, wetland and pedestrian ways, sidewalks and trails shall be granted to the City. The developer shall be responsible for construction maintenance and preservation in accordance with exhibits described in Condition No. 1 above. The City shall be responsible only for the removal of silt from the pond. 4. That erosion protection measures be taken to protect the slope on the South and Southwest sides of the site and the adjacent wetlands and a plan consistent with City policies be submitted with construction plans at the time the applicant seeks a building or construction permit. 5. That the applicant and its successors and assigns understand that the proposed Park Glen Road is not designed or to be used to include onstreet parking. 6. That the applicant and its successors and assigns recognize that the landscape plan identified above is considered minimal and agree to augment such plan with additional landscaping to provide at least 20% more plantings. 7. That all driveways and parking lots are to be delineated by poured in place concrete curbing measuring six inches above and below the grade. 8. That at least 2.0 parking spaces per dwelling unit be provided on the site 71 9. That all trash and trash containers be stored in the building. 10. That all onsite lighting is directed perpendicular to the ground and not measure more than 25 feet in height unless globe lighting is used. 11. That all rooftop equipment be screened or painted to match the colors of the roof and that any outside transformers or similar equipment is screened with landscaping. 12. That all utilities to the building are provided underground, including but not limited to, electrical, gas, water, sewer and cable TV. 13. That the grades within the parking lot not exceed 4%. 14. That all improvements including buildings, parking lots, landscaping, walkways, open space improvements, and other improvements as contained on the exhibits, be completed by May 15, 1987. 15. The special permit shall be amended on June 4, 2001 to incorporate all of the preceding conditions and add the following conditions: a) Exhibit “A” – Site Plan shall incorporate addendum “A.1” illustrating the addition of the foyer onto the building b) Exhibit “G” – Building One and Two Elevations shall incorporate addendum “G.1”, illustrating the elevation of the foyer addition. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney 72 CONSENT ITEM # 3 May 25, 2001 VENDOR NAME DESCRIPTION AMOUNT 3CMA TRAINING/CONFERENCES/SCHOOLS 530.00 AASEN, PAM YOUTH ATHLETICS/LEAGUES-exempt 40.50 ABARA, JENNIFER CERTIFICATE OF COMPLIANCE 25.00 ADVANCED TECHNOLOGY SYSTEMS IN POSTAGE 9.00 AIRTOUCH CELLULAR TELEPHONE 135.81 ALBRECHT MARY TRAINING/CONFERENCES/SCHOOLS 55.00 ANCHOR PAPER CO GENERAL SUPPLIES 94.12 APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 451.29 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 164.43 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) BALLENGER, KRISTEN YOUTH ATHLETICS/LEAGUES-exempt 40.50 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS 398.95 BETH HOLIDA GENERAL SUPPLIES 98.73 BIG RIVER DELI & SANDWICHES MEETING EXPENSE 48.56 BIOSYSTEMS INC. OTHER IMPROVEMENT SUPPLIES 471.18 BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 331.62 BOBS PERSONAL COFFEE SERVICE OFFICE SUPPLIES 254.30 BOYER TRUCK PARTS EQUIPMENT PARTS 114.80 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) CAMPBELL KNUTSON PROFESSIONAL LEGAL SERVICES 924.00 CARLSON TRACTOR & EQUIP CO EQUIPMENT PARTS (59.08) CARTER, JEREMY STUDY INCENTIVE & MERIT PAY 275.25 CARTRIDGE CARE EQUIPMENT MTCE SERVICE 540.28 CENTER FOR ENERGY & ENVIRONMEN OTHER CONTRACTUAL SERVICES 24,525.59 CHENEY SIGNS OFFICE SUPPLIES 14.48 CITY OF GOLDEN VALLEY GENERAL CUSTOMERS 248.30 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) COSTELLO, JAIMEE CERTIFICATE OF COMPLIANCE 25.00 CSC CREDIT SERVICES INC PROFESSIONAL SERVICES 123.65 DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 31.72 DUNDEE NURSERY LANDSCAPING MATERIALS 71.94 E GROUP INC GENERAL SUPPLIES 1,669.16 ECONOMIC DEVELOPMENT AUTHORITY PROFESSIONAL SERVICES 2,046.15 EDTECH COMPUTER SUPPLIES 420.11 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 204.33 ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 3,287.35 ERV'S LAWN MOWER REPAIR NON-CAPITAL EQUIPMENT 2,980.35 EVERGREEN LAND SERVICES CO PROFESSIONAL SERVICES 3,319.00 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) GEARS GROUP LIMITED OTHER CONTRACTUAL SERVICES 350.00 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS 59.64 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GOEBEL, KIM OTHER CONTRACTUAL SERVICES 250.00 GOODYEAR BRAD RAGAN TIRE & SER EQUIPMENT MTCE SERVICE 357.90 GRAINGER INC, W W BLDG/STRUCTURE SUPPLIES 233.71 HALLMAN OIL LUBRICANTS/ADDITIVES 187.27 HEEREN, ANNIE LANDSCAPING SERVICE 44.63 HOISINGTON KOEGLER GROUP INC PROFESSIONAL SERVICES 212.50 73 HOME DEPOT/GECF SMALL TOOLS 244.94 HPI INTERNATIONAL INC GENERAL SUPPLIES 275.00 INDEPENDENT BLACK DIRT CO INC GENERAL SUPPLIES 668.48 INTL SECURITY PRODUCTS OTHER IMPROVEMENT SUPPLIES 58.87 J & F REDDY RENTS OTHER CONTRACTUAL SERVICES 219.84 JOHNSON, DANIEL R. YOUTH ATHLETICS/LEAGUES-exempt 40.00 JUSTUS LUMBER COMPANY OTHER IMPROVEMENT SERVICE 35.38 KENNEDY & GRAVEN LEGAL SERVICES 1,817.06 KENNETZ, DEBRA YOUTH ATHLETICS/LEAGUES-exempt 40.00 KNOX LUMBER GENERAL SUPPLIES (36.84) KROOG, RACHEL OTHER CONTRACTUAL SERVICES 150.00 KULICK, DAVID CERTIFICATE OF COMPLIANCE 25.00 LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LARSEN, KATHY MILEAGE-PERSONAL CAR 69.89 LARSON SPORTS INC, GREG GENERAL SUPPLIES 1,467.25 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 4,162.09 LECLERCQ, DEBORAH CERTIFICATE OF COMPLIANCE 25.00 LINHOFF PHOTO & DIGITAL IMAGIN GENERAL SUPPLIES 22.42 LUCEY, ANDREW BUILDING PERMIT 55.40 MACQUEEN EQUIP CO EQUIPMENT PARTS 55.06 MAEDER, PHYLLIS AQUATIC PARK SEASON TICKETS 4.00 MAIL BOXES ETC # 1236 PRINTING & PUBLISHING 21.09 MASTERSON PERSONNEL INC SALARIES - TEMPORARY EMPLOYEES 622.88 MC DONELL, MARTHA STUDY INCENTIVE & MERIT PAY 1,068.75 MCNULTY, KYLE CERTIFICATE OF COMPLIANCE 25.00 MENARDS GENERAL SUPPLIES 179.31 MERKLEY, SCOTT MILEAGE-PERSONAL CAR 86.25 METRO CASH REGISTER SYSTEMS EQUIPMENT MTCE SERVICE 175.00 METROCALL MILEAGE-PERSONAL CAR 53.19 MIDWEST MAILING SYSTEMS INC POSTAGE 38.05 MIND SHARP TRAINING/CONFERENCES/SCHOOLS 50.00 MINN SAFETY COUNCIL TRAINING/CONFERENCES/SCHOOLS 320.00 MINUTEMAN PRESS OFFICE SUPPLIES 52.00 MN BOARD OF ASSESSORS SUBSCRIPTIONS/MEMBERSHIPS 165.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MTI DISTRIBUTING CO EQUIPMENT PARTS 811.05 MUNICILITE EQUIPMENT PARTS 9.69 NORTHERN TOOL & EQUIPMENT OFFICE SUPPLIES 4.94 NORTHSTAR REPRO PRODUCTS INC GENERAL SUPPLIES 103.39 NSP CO ELECTRIC SERVICE 372.75 OFFICE DEPOT OFFICE SUPPLIES 199.85 OLSON, JEAN YOUTH ATHLETICS/LEAGUES-exempt 67.50 ORKIN PEST CONTROL OTHER CONTRACTUAL SERVICES 372.75 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PARK NICOLLET CLINIC HSM PROFESSIONAL SERVICES 565.70 PHASOR ELECTRIC COMPANY PROFESSIONAL SERVICES 2,925.00 PIRES, CLINTON E TRAINING/CONFERENCES/SCHOOLS 172.39 POTTERS INDUSTRIES (ALBERTA) OTHER IMPROVEMENT SUPPLIES 2,988.00 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 75.21 PRINT GRAPHICS PRINTING & PUBLISHING 660.30 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) R & R SPECIALTIES EQUIPMENT PARTS 83.22 74 RADIO SHACK GENERAL SUPPLIES 13.61 RARDIN, MICHAEL MILEAGE-PERSONAL CAR 86.24 RELIANT ENERGY HEATING GAS 3,976.34 RHODES ,BRUCE CERTIFICATE OF COMPLIANCE 25.00 S & S WORLDWIDE GENERAL SUPPLIES 231.69 SCHARBER & SONS EQUIPMENT PARTS 94.63 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SEARS SMALL TOOLS 18.05 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 STAT MEDICAL GENERAL SUPPLIES 135.41 STATE OF MINNESOTA OTHER CONTRACTUAL SERVICES 53.50 STREICHER'S GENERAL SUPPLIES 275.90 SUBURBAN PROPANE MOTOR FUELS 68.48 SUBURBAN TIRE CO TIRES 515.33 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 54.30 TIME WARNER CABLE TELEPHONE 147.41 TREMAINE, DAVID CERTIFICATE OF COMPLIANCE 25.00 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) TWIN CITY OXYGEN CO GENERAL SUPPLIES 4.80 U S WEST INTERPRISE TELEPHONE 777.08 VISU-SEWER CLEAN & SEAL INC PROFESSIONAL SERVICES 3,008.75 VITALE, MICHAEL & HOURLY YOUTH ATHLETICS/LEAGUES-exempt 35.00 WALSER FORD EQUIPMENT PARTS 102.09 WARNING LITES OF MN INC TRAINING/CONFERENCES/SCHOOLS 232.00 WASTE MANAGEMENT GARBAGE/REFUSE SERVICE 59.02 WELIN, SPENCER CERTIFICATE OF COMPLIANCE 25.00 WELLS FARGO REMITTANCE CTR GENERAL SUPPLIES 233.79 WM H MC COY PETROLEUM FUELS MOTOR FUELS 36.00 WSB ASSOCIATES INC PROFESSIONAL SERVICES 22,950.06 ZEBEC OF NORTH AMERICA INC BLDG/STRUCTURE SUPPLIES 1,496.57 ZIP PRINTING GENERAL SUPPLIES 191.70 101,294.39 June 1, 2001 VENDOR NAME DESCRIPTION AMOUNT A T S S A INC SUBSCRIPTIONS/MEMBERSHIPS 154.00 AIR CHEK INC MERCHANDISE PURCH FOR RESALE 1,875.00 ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 1,998.00 AMERIPRIDE LINEN AND APPAREL S CLEANING/WASTE REMOVAL SERVICE 160.90 APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 725.39 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 663.70 ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00) AUDIO-TECH BUSINESS BOOK SUMMA SUBSCRIPTIONS/MEMBERSHIPS 158.69 AUTOMATIC SYSTEMS INC EQUIPMENT MTCE SERVICE 201.00 BACHMANS OTHER CONTRACTUAL SERVICES 2,786.64 BAHR, MARK CERTIFICATE OF COMPLIANCE 25.00 BIG RIVER DELI & SANDWICHES TRAINING/CONFERENCES/SCHOOLS 91.06 BOBS PERSONAL COFFEE SERVICE CONCESSION SUPPLIES 422.32 BOWLING, DEBORAH FACILITY RENTALS - taxable 25.00 BRENTS SIGNS BLDG/STRUCTURE SUPPLIES 47.93 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) 75 BRONX PARK NEIGHBORHOOD ASSOCI OTHER CONTRACTUAL SERVICES 455.82 CAHNERS BUSINESS INFORMATION OTHER IMPROVEMENT SUPPLIES 114.10 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 423.79 CARLSON TRACTOR & EQUIP CO EQUIPMENT PARTS (59.08) CARTRIDGE CARE EQUIPMENT MTCE SERVICE 571.24 CARY, ROBERT CERTIFICATE OF COMPLIANCE 25.00 CENTRAL POOL SUPPLY GENERAL SUPPLIES 94.02 COLLISYS ELECTRIC CO PROFESSIONAL SERVICES 501.00 COLOR TILE BLDG/STRUCTURE SUPPLIES 128.77 COMMUNICATION SRVC FOR DEAF/VI GENERAL SUPPLIES 100.00 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CUB FOODS SUBSISTENCE SUPPLIES 253.40 CUMMINS NORTH CENTRAL INC GENERAL SUPPLIES 38.72 CUSTOM PRODUCTS & SERVICES LANDSCAPING SERVICE 8,186.88 D'FENCE CO OTHER IMPROVEMENT SUPPLIES 410.00 DALSIN & SON INC, JOHN A BUILDING MTCE SERVICE 211.16 DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 248.58 DOBESH, MICHAEL TRAINING/CONFERENCES/SCHOOLS 59.50 DOCK RITE INC BUILDINGS & STRUCTURES 7,085.23 EDTECH OFFICE FURNITURE & EQUIPMENT 889.58 ELAN GENERAL SUPPLIES 29.00 ELEMENT K JOURNALS SUBSCRIPTIONS/MEMBERSHIPS 109.00 EMI AUDIO GENERAL SUPPLIES 11,708.38 ERV'S LAWN MOWER REPAIR EQUIPMENT PARTS 72.42 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FEDERAL EXPRESS CORP PROFESSIONAL SERVICES 1,395.76 FLOYD TOTAL SECURITY GENERAL SUPPLIES 12.98 G & K SERVICES CLEANING/WASTE REMOVAL SUPPLY 100.00 GARELICK STEEL CO OTHER IMPROVEMENT SUPPLIES 29.10 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GRAINGER INC, W W PROFESSIONAL SERVICES 8.26 GRAYBAR ELECTRIC CO BLDG/STRUCTURE SUPPLIES 322.41 HASLERUD, CARRIE MEETING EXPENSE 67.88 HENNEPIN COUNTY PUBLIC WORKS D PROFESSIONAL SERVICES 194.37 HENNEPIN COUNTY SHERIFFS DEPT SUBSISTENCE SERVICE 530.69 HIRSHFIELDS BLDG/STRUCTURE SUPPLIES 87.10 HOME DEPOT BUILDINGS & STRUCTURES 396.87 HOME DEPOT/GECF GENERAL SUPPLIES 319.39 HORTON SALES COMPANY INC OTHER IMPROVEMENT SUPPLIES 125.23 HPI INTERNATIONAL INC GENERAL SUPPLIES 667.60 HUIRAS, SHIRLEY OFFICE SUPPLIES 283.90 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 4,585.33 IOS CAPITAL RENTAL EQUIPMENT 686.93 IOWA PAINT MFG CO INC BLDG/STRUCTURE SUPPLIES 1,827.38 J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 782.36 JUSTUS LUMBER COMPANY BLDG/STRUCTURE SUPPLIES 3.18 KDV PROFESSIONAL SERVICES 10,000.00 KIEFER, ADOLPH & ASSOC GENERAL SUPPLIES 1,628.75 KNOX LUMBER GENERAL SUPPLIES (36.84) LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63) LANGEFELS, DOUGLAS MILEAGE-PERSONAL CAR 41.57 MASON-CUTTERS GENERAL SUPPLIES 180.00 76 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,532.25 MENARDS GENERAL SUPPLIES 179.45 METROCALL TELEPHONE 7.23 METROPOLITAN COUNCIL CLEANING/WASTE REMOVAL SERVICE 208,305.40 MIDWEST LANDSCAPES TREE REPLACEMENT 3,400.00 MIND SHARP TRAINING/CONFERENCES/SCHOOLS 129.00 MINN DEPT LABOR & INDUSTRY LICENSES/TAXES 15.00 MINN HIGHWAY SAFETY CENTER TRAINING/CONFERENCES/SCHOOLS 1,476.00 MINNESOTA NURSERY AND LANDSCAP TRAINING/CONFERENCES/SCHOOLS 75.00 MINNESOTA PLAYGROUND INC GENERAL SUPPLIES 1,298.47 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MOBIUS INC OTHER CONTRACTUAL SERVICES 60.00 MOTOROLA RADIO COMMUNICATIONS 72.94 NATIONAL EAGLE CENTER OTHER CONTRACTUAL SERVICES 250.00 NORTH STAR TURF SUPPLY MACHINERY & AUTO EQUIPMENT 6,203.63 NSP CO ELECTRIC SERVICE 25,986.37 OFFICE DEPOT OFFICE SUPPLIES 218.52 OFFICE TEAM SALARIES - TEMPORARY EMPLOYEES 1,389.60 ONE CALL CONCEPTS INC RADIO COMMUNICATIONS 120.00 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PALM BROTHERS EQUIPMENT MTCE SERVICE 549.96 PALM'S HOME BAKERY MEETING EXPENSE 104.65 PAZDERA, TODD PLUMBING PERMIT 28.00 PELI GENERAL SUPPLIES 257.00 PEPSI-COLA COMPANY FIRE PREVENTION SUPPLIES 186.38 POST BOARD OTHER CONTRACTUAL SERVICES 90.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) PROPANE GAS PRODUCTS OTHER IMPROVEMENT SUPPLIES 27.68 QUANTERRA INC PROFESSIONAL SERVICES 3,400.00 RICE WORKS CONSULTING OTHER CONTRACTUAL SERVICES 975.00 ROTH, MICHAEL J STUDY INCENTIVE & MERIT PAY 325.00 ROTO-ROOTER BUILDING MTCE SERVICE 273.70 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SECURITYLINK FROM AMERITECH OTHER CONTRACTUAL SERVICES 36.10 SEDGWICK CLAIMS GMT SERVICES PROF/CONSULT SERVICES 560.00 SHARE, JOHN OTHER CONTRACTUAL SERVICES 51.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES 40,486.78 STEMMER, LUKE FIRE PREVENTION SUPPLIES 73.41 SUBURBAN PROPANE MOTOR FUELS 46.19 TARGET/DAYTONS GENERAL SUPPLIES 34.06 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 91.00 TWIN CITY OPTICAL CO TREE MAINTENANCE (12.86) U S WEST COMMUNICATIONS TELEPHONE 38.95 UNITED RENTALS OTHER IMPROVEMENT SUPPLIES 2,009.50 VEIT & COMPANY CLEANING/WASTE REMOVAL SERVICE 1,950.00 VOELKER, STACY M PETTY CASH 597.80 WASTE MANAGEMENT-BLAINE CLEANING/WASTE REMOVAL SERVICE 155,078.10 WELLER'S DISPOSAL INC OTHER CONTRACTUAL SERVICES 1,000.00 WELLS FARGO REMITTANCE CTR GENERAL SUPPLIES 3,114.67 WENGER MACHINERY & AUTO EQUIPMENT 1,912.29 WHEELER LUMBER OPERATIONS OTHER IMPROVEMENT SUPPLIES 776.75 77 WILSONS NURSERY TREE REPLACEMENT 7,730.84 WSB ASSOCIATES INC PROFESSIONAL SERVICES 5,581.10 ZEE MEDICAL SERVICE GENERAL SUPPLIES 621.25 ZIMMERMAN, JEAN OTHER CONTRACTUAL SERVICES 5.28 ZIP PRINTING GENERAL SUPPLIES 327.52 ZIP SORT POSTAGE 278.77 543,716.45