HomeMy WebLinkAbout2001/10/03 - ADMIN - Agenda Packets - City Council - Regular 1
AGENDA - CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 3, 2001
7:30 p.m.
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Presentation of the proclamation for Minnesota Cities Week, October 7 – 13.
b. Proclamation for Indoor Air Quality Month, October
3. Approval of Minutes
a. City Council Special Meeting Minutes of September 24, 2001
b. Study Session Minutes of September 24, 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 adopt resolution designating polling places and appointing election
judges for the General Election on November 6, 2001.
2. Motion to adopt resolution allowing Park Nicollet Health Services to issue up to
$10,000,000 in Private Activity Revenue Bonds and approve all documents in
connection with the bond issue.
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3. Motion to adopt second reading of an ordinance to vacate an old utility easement
in Park Commons East area, approve Summary Ordinance and authorize
publication. Case No. 01-08-VAC
4. Motion to adopt the second reading of an ordinance that authorizes the
conveyance of City-owned property along the south boundary of the
“Westmoreland Park” plat to the St. Louis Park EDA.
5. Motion to adopt second reading of an ordinance to rename a portion of 38th and
39th Street west of Monterey Drive to its terminus at the Park Nicollet Clinic
Park Commons Drive effective April 1, 2002, approve Summary Ordinance and
authorize publication.. Case No. 01-48-ST
6. Motion to adopt resolution authorizing the city to participate in Livable
Communities local housing incentives account program in 2002
7. Motion to approve second reading of Miscellaneous Zoning Ordinance
amendments to Sections 14:7-3(A)(1) and 14:8-4.1 to extend the rights of non-
conforming uses from 6 months to 1 year and change the adoption requirements
for zoning code and map amendments in accordance with State Law, approve
summary ordinance and authorize its publication. Case No. 01-42-ZA.
8. Bid Tabulation: Motion to designate S.M. Hentges & Sons, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the
amount of $1,559,418.75 for stormwater improvements at W. 33rd Street and
Dakota Avenue – City Project No. 00-07 (Area #15), W. 33rd Street and Texas
Avenue – City Project No. 01-08 (Area #13B), and W. 40th Street and Yosemite
Avenue – City Project No. 01-09 (Area #19)
9. Motion to accept the following reports for filing.
a. Human Rights Commission Minutes of August 15, 2001
b. Planing commission Minutes of September 5, 2001
c. Vendor Claim Report
Action: Motion to approve Consent Items
5. Public Hearings
5a. Public Hearing to consider reallocation of Community Development Block
Grant Funds and authorize execution of any Third Party Agreements.
Resolution approving reallocation of CDBG funds for renovations to the Lenox
Community Center and authorizing signature of any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the Resolution
approving reallocation of Urban Hennepin County Community
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Development Block Grant funds, and authorizing execution of any
related Third Party Agreements.
6. Requests, Petitions, and Communications from the Public
7. Resolutions, Ordinances, Motions
7a. Resolution to consider the Removal of Parking and the Installation of Lane
Striping on Minnetonka Boulevard from Texas Avenue to Huntington Avenue
This action would remove parking on both sides of Minnetonka Boulevard from
Texas Avenue to Huntington Avenue and direct Hennepin County to install lane
striping as appropriate.
Recommended
Action:
1. Motion to adopt a resolution authorizing the removal of
parking on both sides of Minnetonka Boulevard from Texas
Avenue to Huntington Avenue
2. Motion to adopt a resolution rescinding and amending
resolutions related to traffic control on Minnetonka Boulevard
between Texas Avenue and Huntington Avenue
7b. The request of Burlington Coat Factory for a Minor Amendment to a Special
Permit to allow changes to the building façade.
Case No. 01-49-CUP
Recommended
Action:
Motion to adopt a resolution approving a minor amendment to a
Special Permit for Burlington Coat Factory subject to the
conditions in the resolution.
8. Boards and Committees
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department) at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
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Item #2a
PROCLAMATION
Minnesota Cities Week
October 7-13, 2001
Building Quality Communities
WHEREAS, Minnesota Cities Week is sponsored by the League of Minnesota
Cities to recognize each city’s work in developing communities, and to encourage
citizen understanding of and participation in local government; and
WHEREAS, key values and priorities of citizens include safety, family, job
opportunities, health, the well-being of children, and recreational opportunities and
many city services directly enhance those citizen priorities; and
WHEREAS, the events of September 11, 2001 highlight the role cities play in
responding to the most demanding of circumstances and in meeting community needs
through front-line service delivery; thereby illustrating the true value and meaning
local governments and their employees bring to the people they serve; and
WHEREAS, it is the shared responsibility of citizens and city officials to respect
and honor each other through on-going communications that makes cities strong,
resilient, and vital places to live, work, and play; and
WHEREAS, it is the responsibility of city officials to ensure that legislators, media
and citizens understand their governments through open and frequent communication
using various avenues and means; and
WHEREAS, it is important to encourage citizens to actively participate in city
government, to share their views, and work in partnership with city officials to ensure
that the needs of the community are met; and
WHEREAS, partnerships developed between citizens and city officials can result
in greater understanding of the connection between Minnesota’s high quality of life
and the services provided by Minnesota cities, as well as in greater trust by citizens in
the efforts of their city government.
NOW THEREFORE, let it be known that the Mayor and City Council of the City of
St. Louis Park proclaim October 7-13 Minnesota Cities Week 2001, and encourage
citizens to continually learn more about their local government and participate in
building a quality community. FURTHER, LET IT BE KNOWN that the City of St. Louis
Park honors and supports its fellow citizens and colleagues in all cities, worldwide, as
they too continue to deliver the finest services possible, recover and grow stronger from
adversity and challenge, and build peaceful and vital places for all.
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WHEREFORE, I set my hand and cause
the Great Seal of the City of St. Louis
Park to be affixed this 3rd day of
October, 2001.
__________________________
Jeffrey W. Jacobs, Mayor
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Item #2b
PROCLAMATION
National Home Indoor Air Quality
Action & Awareness Week
WHEREAS, The International City/County Management Association (ICMA) and
the National Association of County & City Health Officials (NAACHO) including the
City of St. Louis Park have designated October 2001 as "National Home Indoor Air
Quality Action & Awareness Month"; and
WHEREAS, National Home Indoor Air Quality Action & Awareness Month
provides a reminder that the City continually provides information promoting
awareness on secondhand smoke and children, asthma & children's health, radon
awareness and general indoor air quality;
WHEREAS, National Home Indoor Air Quality Action & Awareness Month
reminds residents that the City of St. Louis Park has established a permanent Radon
Awareness Program to educate it's residents and schools about the hazards and health
implications of radon; and recommends that you test for radon;
NOW THEREFORE, let it be known that the Mayor and City Council of the City of
St. Louis Park wish to join in declaring October 2001 as National Home Indoor Air
Quality Action & Awareness Month for the community of St. Louis Park, and encourage
it’s residents to take advantage of the Indoor Air Quality Booth located at City Hall
during the month of October.
WHEREFORE, I set my hand and cause the
Great Seal of the City of St. Louis Park to be
affixed this 3rd day of October 2001.
__________________________
Jeffrey W. Jacobs, Mayor
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Item #3a
UNOFFICIAL
SPECIAL MEETING MINUTES
CITY OF ST. LOUIS PARK, MINNESOTA
September 24, 2001
1. Call to Order
The meeting was called to order at 7:30 p.m.
The following Councilmembers were present at the meeting: Ron Latz, Chris Nelson, Susan
Sanger, Sue Santa, Robert Young and Mayor Jeff Jacobs.
Also present at the meeting were the Deputy City Manager (Mr. Pires); City Attorney (Mr.
Scott); Director of Community Development (Mr. Harmening); Planner (Mr. Smith); Parks and
Recreation Director (Ms. Walsh); Nature Center Manager (Mr. Oestreich); Community Outreach
Coordinator (Ms. McDonell); and City Clerk (Ms. Reichert)
2. Presentations
2a. Presentation of the City of St. Louis Park Year 2001 Evergreen Award.
Ms. McDonell and the Mayor made presentations to Loffhagen State Farm Insurance, 4801
Excelsior Blvd; the Fairchild Household, 3200 Dakota Ave S; the Maldonados, 3243 Dakota
Ave S; and the Lindblads, 3025 Aquila Ave S.
3. Approval of Minutes
a. City Council Minutes of September 4, 2001 – Approved as presented
b. Study Session Minutes of August 27, 2001 – Approved with a correction to indicate that
Councilmember Nelson was present at the meeting
c. Study Session Minutes of September 10, 2001 – Approved with the following
correction:
Page 19, Item 2 should be changed to read, “Councilmember Nelson felt that the
funding source should be identified immediately. He added that he was not in support
of having the developer dedicate part of their money to public art when the subject
development is funded in part with City assistance, saying that the percentage which
would be directed toward public art would only increase the project’s dependence on
city financing.”
d. Special Meeting Minutes of September 10, 2001 – Approved as presented.
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4. Approval of Agenda and Consent Items
a. Approval of Agenda
It was motioned by Councilmember Nelson, seconded by Councilmember Latz, to approve the
agenda. The motion passed unanimously.
b. Consent Item (s)
It was motioned by Councilmember Nelson, seconded by Councilmember Latz, to approve the
consent agenda. The motion passed unanimously. The consent items approved are as follows:
1. Approve second reading of Ordinance No. 2207-01 for the Jewish Community
Center to change the zoning classification at 4330 South Cedar Lake Road from
R-4 Multi-Family Residential to R-1 Single Family Residential, approve summary
ordinance, and authorize publication.
2. Bid Tabulation: designate Ron Kassa Construction, Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$61,979.75 for City-wide random sidewalk repair – City Project No. 01-02
3. Bid Tabulation: designate Standard Sidewalk, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $187,026.30
for the 2001 Sidewalk Improvement Project-Phase A – City Project No. 99-07
4. Bid Tabulation: designate Ron Kassa Construction, Inc. the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$80,693.00 for the Louisiana Avenue Bus Bay Improvement Project – City
Project No. 01-17
5. Adopt Resolution No. 01-104 accepting work and approving payment for Flood
Grant projects at 6708 W. 26th Street and 6712. W. 26th Street.
6. Approve Resolution No. 01-105 allowing Newport on 7 to issue up to
$12,924,832 in Private Activity Revenue Bonds and approve all documents in
connection with the bond issue.
7. Approve second reading of Ordinance No. 2208-01 modifying Mayor and City
Councilmembers compensation, approve the ordinance summary and authorize
publication.
8. Accept the following reports for filing:
a. Planning Commission Minutes of August 15, 2001
b. Housing Authority Minutes of August 8, 2001
c. Charter Commission Minutes of July 11, 2001
d. Vendor Claims
5. Public Hearings
5a. Public Hearing and First Reading of an ordinance to rename a portion of 38th
and 39th Street west of Monterey Drive to its terminus at the Park Nicollet
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Clinic. Case No. 01-01-ST
Mr. Harmening gave a brief presentation to Council stating that this item had received a
great deal of attention in previous discussions and that the ordinance before Council would
be the next step in approval of the new street name for 38/39th Streets. He also informed
Council that the effective date was still a subject of discussion.
The Mayor opened the public hearing.
Jean Jones, 4530 West 38th Street, addressed the Council stating that she did not understand
why the street was being renamed. She felt the change would be inconvenient for residents.
Mr. Harmening responded with the rationale Council had used in making this decision and
discussed how the process had taken place, involvement by the neighborhood and steps the
city is proposing to take to mitigate the inconvenience to the affected property owners and
neighbors.
Harriet Sundet, 4530 West 38th Street said that the effective date should be after the holiday
season so that residents could include a notice to their friends and relatives of the change.
Mr. Harmening again responded saying that the developer is open to whatever date is most
convenient for the affected parties. He suggested a date sometime after January 1, 2002.
Fran Rutherford, 4820 West 39th Street #318 inquired as to whether the name would be
subject to further change by the council. She felt that the effective date was not of great
concern, but the name should be decided so that notification could be made to the proper
parties.
Mr. Harmening assured her that the name would be final and that staff would discuss an
appropriate effective date and present that name and effective date together with the 2nd
reading of the ordinance.
Mayor Jacobs closed the public hearing.
A motion to approve First Reading of an ordinance renaming a portion of 38th and 39th
Street to Park Commons Drive and to set Second Reading for October 3, 2001 was made by
Councilmember Nelson, seconded by Councilmember Latz.
Motion approved 6-0.
5b. Public Hearing to Consider the Conveyance of City Owned Property Along
the Northern Boundary of the Proposed Park Commons East Plat.
Mr. Harmening stated that Council was being asked to adopt the first reading of an
ordinance that would authorize the transfer of certain City-owned property in the
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“Westmoreland Park” plat that may overlap the proposed Park Commons East plat. This
action was intended to clean up certain title issues.
With no one wishing to speak, the Mayor closed the public hearing.
A motion to adopt first reading of an ordinance authorizing conveyance of City-owned land
along the south boundary of the “Westmoreland Park” plat to the St. Louis Park EDA and
to set the second reading of the ordinance for October 3, 2001 was made by Councilmember
Nelson and seconded by Councilmember Sanger.
Motion passed 6-0.
5c. Public hearing on proposed ordinance to vacate an old utility easement in
Park Commons East. Case No. 01-08-VAC
Mr. Harmening stated that this easement I is located in the Park Commons development
area and was not needed by the City or any other utility. Staff was recommending the
vacation
With no one wishing to speak the Mayor closed the public hearing.
A motion to approve First Reading of an ordinance to vacate a utility easement in Park
Commons East and to set Second reading for October 3, 2001 was made by Councilmember
Nelson and seconded by Councilmember Sanger.
Motion passed 6-0.
5d. Public hearing to consider resolution authorizing application for Outdoor
Recreation Grant Program. Resolution No. 01-106
Ms. Walsh addressed the Council stating that they were being asked to adopt the attached
resolution that would authorize City staff to submit a grant application to the Department of
Natural Resources to secure funding for accessibility improvements to two boardwalks on
the Marsh Trail at Westwood Hills Nature Center. The funding was authorized by the
legislature earlier this year and now the City is required to apply for that funding in the form
of a grant application. Ms. Walsh was unsure as to whether the city would be asked to
provide a match to the grant and, if so, if that match would need to come in the form of
monetary or in-kind contributions.
There being no one wishing to speak to the issue, the mayor closed the public hearing.
Councilmember Nelson asked about the trail’s construction, if it would be out of service
during repairs, and if the problem of goose droppings on the boardwalk would be addressed.
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Mr. Oestreich responded by sharing with Council a plan showing placement of the
boardwalks. He indicated that the trails would not be closed as the new boardwalks would
be in place prior to removal of the old boardwalks. Work was expected to begin very soon
with completion expected sometime in 2002. He also said that the goose problem was being
addressed through design of the boardwalk which restricted their direct access from the
water.
Councilmember Sanger asked about funding resources should a monetary grant match be
required. Ms. Walsh said that the CIP did contain an item for boardwalk replacement and
that the city would have funds available should it be a requirement.
A motion to adopt Resolution No. 01-106 authorizing City staff to submit a grant
application to the Department of Natural Resources to secure funding for accessibility
improvements to two boardwalks on the Marsh Trail at Westwood Hills Nature Center was
made by Councilmember Sanger and seconded by Councilmember Latz.
Motion passed 6-0.
6. Requests, Petitions, and Communications from the Public - None
7. Resolutions, Ordinances, Motions
7a. Miscellaneous Zoning Ordinance amendments to Sections 14:7-3(A)(1) and
14:8-4.1(C)(7) to extend the rights of non-conforming uses from 6 months to 1
year and change the adoption requirements for zoning code and map
amendments in accordance with State Law. Case No. 01-42-ZA
Patrick Smith, City Planner stated that the proposed changes to the zoning ordinance were
in response to changes made in the most recent Legislative session.
Councilmember Sanger asked if cities had a choice as to whether or not they wanted to
comply or if it was optional.
Mr. Scott said that he and other attorneys at his firm had interpreted the legislation to be a
mandate and that cities had no choice but to comply.
A motion to approve first reading of rezoning ordinance and set second reading for October
3, 2001 was made by Councilmember Latz and was seconded by Councilmember Santa.
Motion passed 6-0
7b. School District #283 request for funding from Cable TV franchise fees
Mayor Jacobs stated that this was a payment made each year to the School District and asked if
there was anything unusual about the request for this year.
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Mr. Pires responded that sales of the cable provider’s internet access service had actually
increased revenues over past years.
A motion to approve payment to the School District of an operating grant of $35,000 and a
special equipment grant of $15,000 for 2001 was made by Councilmember Latz and seconded by
Councilmember Young.
Motion passed 6-0
Mayor Jacobs asked staff to look into resident complaints about the internet service he had
received from some residents.
8. Boards and Committees - None
9. Communications - None
11. Adjournment
The meeting adjourned at 8:20 p.m.
City Clerk Mayor
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Item #3b
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
September 24, 2001
The meeting convened at 7:05 p.m.
Present at the meeting were Councilmembers Ron Latz, Chris Nelson, Susan Sanger, Robert
Young, Jeff Jacobs and Sue Santa.
Staff present: Deputy City Manager (Mr. Pires), City Engineer (Ms. Hagen), Director of Public
Works (Mr. Rardin), and City Clerk (Ms. Reichert).
1. Minnetonka Boulevard Striping Improvements
Ms. Hagen presented to the council a graph showing traffic accident figures on Minnetonka Blvd
in a six block range east of highway 100. She said that these figures represent a significant
danger to persons parking on the street in the subject six-block area. She said that the focus at
the neighborhood meeting held earlier had been on bicycle travel on Minnetonka and striping
options that could be used. She felt the real issue that Council would be addressing by removing
the parking is public safety.
Council and staff discussed options for parking east of 100 including angle parking and assigned
parking in adjacent lots to address the needs of businesses that may be affected.
Councilmember Sanger said that she recalled that studies were done a few years ago on parking
for the businesses at Mtka and Ottawa and suggested that staff research that data for historical
perspective.
Councilmember Nelson suggested that since it sounded as though Council was in agreement that
parking east of Highway 100 should be removed, tonight’s discussion should continue as to the
status of parking west of Highway 100 where the situation presents different, and sometimes
conflicting, interests.
Councilmember Santa said that residents west of Highway 100 along Minnetonka Blvd,
expecially around the Lenox Community Center, perceived that loss of parking will be
detrimental to their quality of life, but felt the same persons also believed that parking on
Minnetonka was increasingly more dangerous.
Councilmember Sanger noted that she had received very little in the way of public comments
about the issue either prior to or after the public meeting.
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Ms. Hagen stated that there was a small area near Dakota where staff would recommend parking
be allowed, but the configuration of the street in that area was wide enough that safety was not
an issue as it is on the rest of Minnetonka Blvd.
Ms. Hagen asked for direction from Council as to who should be sent direct notice of the
meeting to occur on October 3rd. Council felt all affected property owners should be notified.
7. Adjournment - The meeting was adjourned at 7:30 p.m.
City Clerk Mayor
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City of St. Louis Park
City Council Agenda Item #5a
Meeting of October 3, 2001
5a. Public Hearing to consider reallocation of Community Development Block
Grant Funds and authorize execution of any Third Party Agreements.
Resolution approving reallocation of CDBG funds for renovations to the Lenox
Community Center and authorizing signature of any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the Resolution
approving reallocation of Urban Hennepin County Community
Development Block Grant funds, and authorizing execution of any
related Third Party Agreements.
Background:
The City annually receives about $280,000 in federal Community Development Block Grant
(CDBG) funds via Hennepin County. Federal statutes and regulations determine what activities
are eligible under the CDBG program. The national objectives of the program are:
• Benefit low and moderate income persons (moderate is defined as up to 80% of median
income or about $52,500 for a family of four, and low is defined as up to 50% of median
income or about $37,350 for a family of four).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
At the Study Session on September 10, 2001 the Council considered a proposal from the St.
Louis Park School District to assist with improvements to the Lenox Community Center. These
improvements include renovation of 4 bathrooms and installation of a movable wall in the main
cafeteria to maximize use of space. The cost of the improvements is estimated to be $130,000.
The Council determined that the use of CDBG funds to assist with the renovations was
appropriate, and that CDBG funds should be allocated for this project. In order to allocate
$130,000 of funds for this project, $50,000 from the Single Family Rehab Target Neighborhood
project and $110,000 from the Multifamily Revitalization Pilot project would be reallocated.
The reallocated dollars would be within the 2000 Grant Year. The remaining $30,000 will be
reallocated to the Single Family Emergency Repair Program. Community Action for Suburban
Hennepin County, which administers the program, has expended all the 2000 grant year funds
and has committed all the funds for the 2001 grant year. An additional $30,000 would serve
approximately 12 more households.
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Next Steps:
Upon adoption of the Resolution, staff will submit the reallocation to Hennepin County. Staff
will work with the school district to facilitate its use of the CDBG funds.
Attachments: Resolution
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Clint Pires, Deputy City Manager
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RESOLUTION NO. 01-110
RESOLUTION TO REALLOCATE URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE EXECUTION OF ANY
THIRD PARTY AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County
Community Development Block Grant Program; and
WHEREAS, pursuant to the Subrecipient Agreement between the City of St. Louis Park
and Hennepin County, the city agrees to assume certain responsibilities for the utilization of
Community Development Block Grant funds; and
WHEREAS, the City of St. Louis Park would now like to reallocate Community
Development Block Grant funds previously allocated to the city pursuant to the Subrecipient
Agreement.
BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the
reallocation of Community Development Block Grant funds by reallocating $50,000 from the
2000 Single Family Targeted Neighborhood Program and $110,000 from the 2000 Multifamily
Revitalization Pilot Program and allocating $130,000 to the Lenox Community Center
Rehabilitation Project and $30,000 to the Single Family Emergency Repair Program. The
Emergency Repair Program is an approved existing program.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
Mayor and its City Manager to execute any required Third Party Agreement on behalf of the
City.
Reviewed for Administration: Adopted by the City Council October 3, 2001
City Manager Mayor
Attest:
City Clerk
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City of St. Louis Park
City Council Agenda Item #7a
Meeting of October 3, 2001
7a. Resolution to consider the Removal of Parking and the Installation of Lane
Striping on Minnetonka Boulevard from Texas Avenue to Huntington Avenue
This action would remove parking on both sides of Minnetonka Boulevard from
Texas Avenue to Huntington Avenue and direct Hennepin County to install lane
striping as appropriate.
Recommended
Action:
3. Motion to adopt a resolution authorizing the removal of
parking on both sides of Minnetonka Boulevard from Texas
Avenue to Huntington Avenue
4. Motion to adopt a resolution rescinding and amending
resolutions related to traffic control on Minnetonka Boulevard
between Texas Avenue and Huntington Avenue
BACKGROUND:
On September 12, 2001, the City held a meeting to gather input on a proposed plan to re-stripe
Minnetonka Boulevard and eliminate on-street parking. Approximately 12 business owners,
residents and property owners attended the meeting. Many expressed concerns about losing on-
street parking especially if it was being done only to accommodate bicyclists on the road.
Unfortunately, the letter that was mailed to residents, inviting them to that meeting, did not
clearly explain the underlying reasons why the City is considering a change in striping and
parking on Minnetonka Boulevard. The real impetus for this change is that people driving,
parking, biking along the street, or walking across the street, are not safe.
The lack of striping on Minnetonka Boulevard creates an ambiguous situation for motorists.
This road carries more than 18,000 vehicles per day and accidents have been increasing as
people become frustrated and more aggressive in their driving behavior. For example, in the last
2 ½ years, the area between Natchez Avenue and Salem Avenue has experienced 33 accidents.
This is higher than the average crash rate for this type of roadway.
Traffic is expected to generally increase on this road, as it is increasing in all places across the
metro area. Thus accidents are expected to increase also if the roadway stays the same.
Safety can be increased by channeling the traffic into 2 lanes west of TH 100 (1 lane in each
direction) and 4 lanes east of TH 100 (2 lanes in each direction) through the use of striping.
Traffic lanes can be clearly defined therefore allowing vehicles to travel more safely only in
designated lanes. This will reduce the potential for accidents between moving vehicles and
between moving vehicles and parked ones. The remaining space would be used as a shoulder
area for bicyclists, stopping busses, and delivery vehicles.
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ANALYSIS:
The City and County would be remiss in not raising this safety concern and striping issue at this
time. By providing roadways with proper signage, marking, and parking, driver uncertainty can
be minimized and the risk of error-induced accidents reduced.
This re-striping plan will not solve all of the problems. Several people at the meeting
commented that it is difficult to cross Minnetonka Boulevard as a pedestrian due to the high
volume and speed of the vehicles. Striping will not improve this situation. However, motorists
will be more likely to see pedestrians if they are not confused about where they should be
traveling in the roadway.
Installing the proposed striping would eliminate parking in front of most homes and businesses
along Minnetonka Boulevard. Currently, no parking on Minnetonka Blvd west of Texas Avenue
or east of Huntington is allowed. City staff does not desire to remove resident and business
parking, but rather provide for it in safe areas. It appears that adequate off-street parking is
available to meet resident and business needs if the Council approves the re-striping plan. More
information on accident history and off-street parking for the businesses near Ottawa Avenue
will be provided at the meeting.
PUBLIC PARTICIPATION:
Council disussed this issue in depth at their study session of September 24th and at that time
directed staff to notify affected parties of staff’s recommendation and to invite the public to
speak at the October 3rd meeting. A letter was subsequently mailed on Tuesday, September 25.
This public input will provide Council and staff with an opportunity to hear from the affected
parties and will help to formulate steps the City can take to mitigate any negative impacts that
may occur as a result of removing parking.
RECOMMENDATION:
Staff recommends that Council adopt the resolution removing parking on both sides of
Minnetonka Boulevard from Texas Avenue to Huntington Avenue and directing Hennepin
County to install lane striping as appropriate.
It is further recommended that Council adopt a second resolution which rescinds or amends
previous resolutions concerning parking restrictions on Minnetonka Boulevard.
(Note: Because many of these older resolutions are available only in microfilm format, the
Clerk’s office will work to restate the resolutions and will present them to the Council in a more
modern format at a future meeting. Council’s action on October 3rd to amend the resolutions
will meet legal requirements and future action is intended only to maintain integrity of the city’s
records.)
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Clint Pires, Deputy City Manager
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE REMOVAL OF PARKING ON BOTH SIDES OF
MINNETONKA BOULEVARD FROM TEXAS AVENUE TO HUNTINGTON AVENUE
WHEREAS, the City of St. Louis Park, Minnesota, in conjunction with Hennepin
County, has determined that the removal of parking will facilitate safer traffic movement along
Minnetonka Boulevard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St.
Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the
following controls:
• “No Parking” restrictions on both sides of Minnetonka Boulevard from Texas Avenue to
Huntington Avenue.
• Certain areas near the intersections of Minnetonka Boulevard with Dakota Avenue,
Louisiana Avenue, and Texas Avenue will be signed to allow parking as approved by
Hennepin County.
Reviewed for Administration: Adopted by the City Council October 3, 2001
City Manager Mayor
Attest:
City Clerk
21
RESOLUTION NO. _________
RESOLUTION RESCINDING AND AMENDING RESOLUTIONS RELATED TO
TRAFFIC CONTROL ON MINNETONKA BOULEVARD BETWEEN TEXAS AVENUE
AND HUNTINGTON AVENUE
WHEREAS, the City of St. Louis Park, Minnesota, in conjunction with Hennepin
County, has determined that the removal of parking will facilitate safer traffic movement along
Minnetonka Boulevard, and
WHEREAS, several existing resolutions relating to parking restrictions on Minnetonka
Boulevard are in force, and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St.
Louis Park, Minnesota, that the following resolutions relating to traffic control be rescinded:
Resolution # Resolution Date
1267 05/02/60
6449 12/17/79
6570 06/02/80
7406 06/06/83
99-98 08/16/99
And, that the following resolutions be amended as listed:
• Amend Resolution #1021 to remove 30-Minute Parking limits from the north side of
Minnetonka Boulevard from Glenhurst Avenue to 137 feet east of Inglewood Avenue, and
remove 15-Minute Parking limits from the North side of Minnetonka Boulevard from
Inglewood Avenue to 137 feet east
• Amend Resolution #2757 to remove “No Parking 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to
6:00 p.m.” limits on the north side of Minnetonka Boulevard from Vernon Avenue to
Colorado Avenue, from 66 feet West of Dakota Avenue to Kentucky Avenue, and from
Maryland Avenue to Sumter Avenue.
• Amend Resolution #2757 to remove “No Parking 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to
6:00 p.m.” limits on the south side of Minnetonka Boulevard from Lake Street to 175 feet
East of Dakota Avenue, from Maryland Avenue to Sumter Avenue, from Idaho Avenue to
146 feet east of Louisiana Avenue, and from Edgewood Avenue to Hampshire Avenue.
• Amend Resolution #3395 to remove No Parking limits on the north side of Minnetonka
Boulevard from 90 feet east of Inglewood Avenue to Monterey Avenue and on the south side
from Huntington Avenue to 90 feet west of Lynn Avenue
• Amend Resolution #3443 to remove “No Parking from 4:00 p.m. to 9:00 a.m.” limits on the
north side of Minnetonka Boulevard from Monterey Avenue to 250 feet east
(INSERT SIGNATURE BLOCK)
22
City of St. Louis Park
City Council Agenda Item #7b
Meeting of October 3, 2001
7b. The request of Burlington Coat Factory for a Minor Amendment to a Special
Permit to allow changes to the building façade.
Case No. 01-49-CUP
Recommended
Action:
Motion to adopt a resolution approving a minor amendment to a
Special Permit for Burlington Coat Factory subject to the
conditions in the resolution.
Background:
Burlington Coat Factory is requesting approval to alter the façade of their portion of the building
(Micro Center is also in the building). Burlington is proposing to increase the parapet around
their main entrance. They were also proposing to paint the brick and stucco on their portion of
the building. Staff has recommended against the painting for reasons included in the analysis of
this report. Burlington has agreed not to paint the existing brick and stucco. The proposed
building change to the entrance parapet requires a minor amendment to the existing Special
Permit, which entails City Council review and approval.
Issues:
• What are the requirements for a minor amendment to a Special Permit?
• Does the proposed change to the building comply with Zoning Ordinance
requirements?
• Are nonconformities on the site proposed to be brought into greater or complete
compliance with Code requirements to the extent reasonable and possible?
• Is the proposed change consistent with the Comprehensive Plan?
Issues Analysis:
What are the requirements for a minor amendment to a Special Permit?
A minor amendment requires City Council approval but no review by the Planning Commission.
The Zoning Ordinance states that minor amendments shall not be granted for modifications
having an effect on building height. For buildings with flat roofs, height is measured to the top
of the parapet. In this case, most of the parapet height is not changing. Burlington is simply
proposing a new entrance feature, which increases the parapet height in a small area. Staff
believes the intent of the minor amendments provision is for changes to a property that do not
involve increases in building square footage, required parking, or other intensifications of the use
of the property. Staff does not believe increasing a small section of the parapet height is
23
considered intensifying the site or the building. Therefore, staff has not required a public hearing
or Planning Commission review.
The requirements for amending a Special Permit are as follows:
a) Any expansion, alteration or modification shall comply in all respects with applicable
provisions of this ordinance, and shall not result in an increase or intensification of any
existing non-conformities (with certain exceptions).
b) Any nonconformities existing on the site shall be brought into greater or complete
compliance with other provision of this ordinance to the extent reasonable and possible,
except that this is not required for certain provisions (including lot area, lot width, usable
open space, floor area ratio and certain other provisions).
c) The expansion, alteration or modification shall be consistent with the Comprehensive Plan.
These items are addressed below.
Does the proposed change to the building comply with Zoning Ordinance requirements?
The existing front facade comprises 100% of brick, glass and concrete stucco, which are all
Class I materials. The proposed new entrance feature consists of EIFS which is a Class II
material; however, the modification is minor and will not bring the front façade lower than the
60% Class I material requirement.
The building plans submitted depict the existing stucco and brick on the Burlington Coat Factory
portion of the building to be painted to match the new main entrance feature. Although the
architectural ordinance does not anticipate the painting of brick and other Class I materials, other
surface painted building materials are categorized as Class III materials, which are limited to no
more than 10% of the building façade. Such materials are limited to 10% because they require a
high level of continued maintenance and often detract from the quality appearance of
commercial buildings. Staff believes the intent of the Class I building material requirements is to
ensure a high quality façade with minimum maintenance. In addition, the architectural ordinance
requires alterations to conform to the original architectural design and general appearance of the
principal building. Painting just the Burlington portion of the building would appear to violate
that condition. Therefore, staff is recommending a condition of approval that the stucco and
brick not be painted. Staff has discussed this with the architect, who was amendable to the
condition. Burlington has also agreed.
Are nonconformities on the site proposed to be brought into greater or complete
compliance with Code requirements to the extent reasonable and possible?
There are a number of nonconformities that exist on the site today. These include the north and
west building façades not meeting the minimum Class I or II building material requirements,
building façade not meeting the building wall deviation standards, parking stalls not meeting the
24
total number required, some drive aisle widths not meeting the minimum width requirements,
and perimeter landscaping not meeting the bufferyard requirements.
The applicant is not proposing any changes to bring the building and site into greater compliance
with the Zoning Ordinance. Staff believes it may be appropriate to allow these nonconformities
to remain because the property is not proposed to be expanded or intensified and the request does
not involve any changes to the uses or their operation. In addition, staff and City Council
reviewed these nonconformities in 1999 with the site and building alterations associated with the
Microcenter plans. At that time, it was deemed that the amount of parking was sufficient for the
existing uses, the perimeter landscaping was sufficient, and the reduced drive aisle widths were
reviewed and approved by the Fire Department.
Is the proposed change consistent with the Comprehensive Plan?
The existing use of this site as commercial/retail is consistent with the Comprehensive Plan land
use designation of commercial. The Comprehensive Plan notes that a land use study of this area
is desirable and may result in proposed changes. The City is currently working with Hennepin
County on a work program for a land use and transportation study of the Elmwood commercial
and industrial area. However, the study will not be completed for another year.
Recommendation:
Motion to adopt a resolution amending Resolution No. 6671 granting a Special Use Permit to
allow modifications to the Burlington Coat Factory building at 3700 Highway 100, subject to the
conditions and stipulations listed in said Resolution.
Attachments:
• Proposed Resolution
• Proposed Building Elevations
Prepared by: Patrick Smith, Planner
Approved by: Clint Pires, Deputy City Manager
25
RESOLUTION NO. 01-111
AMENDS AND RESTATES RESOLUTION NO. 99-138
A RESOLUTION AMENDING RESOLUTION NO. 99-138
ADOPTED ON DECEMBER 6, 1999 GRANTING
AMENDMENT TO A CONTINUED SPECIAL USE PERMIT
UNDER SECTION 14:8-6 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO ALLOW
MODIFICATIONS TO THE BUILDING FOR PROPERTY
ZONED C-2 GENERAL COMMERCIAL AT 3700
HIGHWAY 100 SOUTH
FINDINGS
WHEREAS, Peninsula Industrials (Micro Electronics, Inc.) has made application to the
City Council for an amendment to a continued special use permit under Section 14:8-6 of the St.
Louis Park Ordinance Code to allow modifications to the building at 3700 Highway 100 South
within a C-2 General Commercial District having the following legal description:
See Attached Legal Description
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 80-74-SP, 99-26-CUP, and 01-49-CUP and the effect of the proposed modifications to the
building on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, the effect on values of properties in the surrounding area and the
effect of the use on the Comprehensive Plan; and
WHEREAS, an amendment to a continued special use permit was issued regarding the
subject property pursuant to Resolution No. 99-138 of the St. Louis Park City Council dated
December 6, 1999 which contained conditions applicable to said property; and
WHEREAS, a special use permit was issued regarding the subject property pursuant to
Resolution No. 6671 of the St. Louis Park City Council dated October 6, 1980 which contained
conditions applicable to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special use permit; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No. 99-138 to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution;
WHEREAS, the contents of Planning Case Files 80-74-SP, 99-26-CUP, and 01-49-CUP
are hereby entered into and made part of the public hearing record and the record of decision for
this case.
26
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 99-138 is hereby restated
and amended by this resolution which continues and amends a special use permit to the subject
property for the purposes of permitting modifications to the building within the C-2 General
Commercial District at the location described above based on the following conditions:
1. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan;
Exhibit B, Landscape Plan; Exhibit C, Floor Plan; and Exhibit D, Building Elevations.
(Amended by conditions 7 and 8.)
2. The compactor shall be screened and shielded from view.
3. All signage shall comply with ordinance requirements.
4. All dead landscape stock shall be replaced, and the landscape irrigation system be repaired
and made operational.
5. Within thirty days of approval of an interchange plan for 36th Street and Highway No. 100,
the parking lot plan, with any necessary revisions, shall be resubmitted for approval.
6. All construction and alteration activities shall be completed by July 15, 1981.
7. The conditional use permit shall be amended on December 6, 1999 (Case No. 99-26-CUP) to
incorporate all of the preceding conditions and add the following conditions:
a. The site shall be developed, used and maintained in accordance with Exhibits E through
K, such documents incorporated by reference herein. Prior to signing, Exhibit E, Site
Plan to be revised to show a minimum of 30 handicapped parking stalls, Exhibit I,
Landscape plan to be revised to move 5-6 trees to east parking lot perimeter, and Exhibit
J, Lighting Plan to be revised to comply with City lighting standards.
b. Prior to any site work, the applicant shall comply with the following:
1) Assent forms and official exhibits to be signed by applicant and owner.
c. Issuance of a building permit, which may impose additional requirements.
d. Sign permits are required for all new signs.
e. Automatic irrigation is not required for site landscaping. Irrigation shall be provided for
a period of two years following installation for all new plants. Any dead or dying plants
shall be replaced with similar species for a period of two years following installation.
f. Prior to issuance of a Certificate of Occupancy:
1) All phase one improvements are to be completed.
2) Submit letter of credit covering Phase Two improvements. Phase Two
improvements, including screening of rooftop equipment, shall be completed
within two years of passage of this resolution.
27
g. Prior to obtaining a permanent Certificate of Occupancy, the parking lot encroachment
and MnDOT right of way shall be resolved. If permission is not obtained or the land not
conveyed, that portion of the parking lot shall be removed.
8. The conditional use permit shall be amended on October 3, 2001 (Case No. 01-49-CUP) to
incorporate all of the preceding conditions and add the following conditions:
a. The building shall be developed, used and maintained in accordance with Exhibit L,
Building Elevation, which shall be revised to prohibit painting the existing brick and
stucco.
b. Prior to beginning any exterior building changes, the applicant shall comply with the
following conditions:
1) Sign assent forms and official exhibits.
2) Obtain a building permit, which may impose additional requirements.
3) Obtain sign permits for all new signs.
Reviewed for Administration: Adopted by the City Council October 3, 2001
City Manager Mayor
Attest:
N:res/01-49-CUP
City Clerk
28
CITY COUNCIL MEETING
October 3, 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 adopt resolution designating polling places and appointing election judges for the
General Election on November 6, 2001.
2. Motion to adopt resolution allowing Park Nicollet Health Services to issue up to $10,000,000 in
Private Activity Revenue Bonds and approve all documents in connection with the bond issue.
3. Motion to adopt second reading of an ordinance to vacate an old utility easement in Park
Commons East area, approve Summary Ordinance and authorize publication. Case No. 01-08-
VAC
4. Motion to adopt the second reading of an ordinance that authorizes the conveyance of City-
owned property along the south boundary of the “Westmoreland Park” plat to the St. Louis Park
EDA.
5. Motion to adopt second reading of an ordinance to rename a portion of 38th and 39th Street west
of Monterey Drive to its terminus at the Park Nicollet Clinic Park Commons Drive effective
April 1, 2002, approve Summary Ordinance and authorize publication.. Case No. 01-48-ST
6. Motion to adopt resolution authorizing the city to participate in Livable Communities local
housing incentives account program in 2002
7. Motion to approve second reading of Miscellaneous Zoning Ordinance amendments to Sections
14:7-3(A)(1) and 14:8-4.1 to extend the rights of non-conforming uses from 6 months to 1 year
and change the adoption requirements for zoning code and map amendments in accordance with
State Law, approve summary ordinance and authorize its publication. Case No. 01-42-ZA.
8. Bid Tabulation: Motion to designate S.M. Hentges & Sons, Inc. the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of $1,559,418.75 for stormwater
improvements at W. 33rd Street and Dakota Avenue – City Project No. 00-07 (Area #15), W. 33rd
Street and Texas Avenue – City Project No. 01-08 (Area #13B), and W. 40th Street and Yosemite
Avenue – City Project No. 01-09 (Area #19)
9. Motion to accept the following reports for filing.
a. Human Rights Commission Minutes of August 15, 2001
b. Planing commission Minutes of September 5, 2001
c. Vendor Claim Report
29
CONSENT ITEM # 1
St. Louis Park City Council
Meeting of October 3, 2001
1. Motion to adopt the attached resolution designating polling places and appointing
election judges for the General Election on November 6, 2001.
Background:
Minnesota Statutes and City Charter require that election judge appointments be made at least 25
days before the election at which the election judges will serve. The attached resolution contains
the names of individuals who have been selected to serve as election judges at the General
Election on November 6, 2001.
The City Clerk’s office has completed updating and verifying the City’s election judge
availability list. All individuals who have previously served as an election judge, were on the list
submitted to the County Auditor by the major political parties, or have expressed an interest in
serving as an election judge were sent a questionnaire to determine their interest and availability.
The very high voter turnout of the presidential election held last fall required the use of 251
judges to adequately staff our 21 precincts. Many of those judges worked split shifts and 76
students from Benilde and SLP Senior High worked as judges. Voter turnout for our election
this fall is anticipated to be only 10-15% and therefore only minimum staffing will be required.
Desire to serve as an election judge is growing in our community. A recent legislative change
which allows citizens to serve as judges without a loss in pay is providing us with a greater pool
of workers to choose from, many of which are experienced in operation of computers and in
managing personnel in the workplace. We received applications from 146 persons this year and
were unfortunately only able to place 84. Selection was made based upon the attached criteria.
Election Judge wages in St. Louis Park have been very low when compared to other metropolitan
communities and the wage range has been increased this year from $6.00–$7.50 to $7.50–$9.00.
This increase brings us into alignment with other cities in our area.
Attachments: Resolution
Appointment Criteria
Prepared by: Cindy Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
30
ELECTION JUDGE PLACEMENT CRITERIA
2001 Election Year
Statutory Requirements:
• Live in Hennepin County
• Party Balance at Polls
Required Qualifications for Election Judge:
• Ability to sit or stand for long periods of time
• Ability to understand and follow City, County, State and Federal election laws, regulations
and procedures
• Ability to interact appropriately with the public, co-workers and election staff
• Ability to clearly communicate rules, regulations, answer questions and resolve
problems and conflicts
Required Qualifications for Chair and Co-Chair:
• Ability to supervise and direct activities of others in the polling place
• Ability to interpret rules and procedures and apply in practical situations
• Experience operating computerized equipment
• Ability to maintain composure and focus in stressful situations
• Ability to resolve problems and conflicts
Other Considerations:
• Resident of St. Louis Park
• Local election is opportunity to train new judges, co-chairs and chairs during less active
election
• Appointments made to home precinct when possible
• Past performance in the polling place
• Comments received from public and co-workers in previous elections
• Completeness and legibility of application materials
• Placement of experienced SLP judges is based on qualifications and past performance
• Placement of new judges is based upon qualifications and telephone or in-person interview
31
RESOLUTION NO. 01-108
A RESOLUTION DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 6, 2001
WHEREAS, a General Election will be held on November 6, 2001 and the City must
designate precinct polling places by resolution of the City Council; and
WHEREAS, the City must appoint judges 25 days before each election by resolution of
the City Council:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, that said election shall be held at the polling places as herein appear specified:
Ward 1 Precinct 1 - Torah Academy, 2800 Joppa Ave S
Ward 1 Precinct 2 - Peter Hobart Primary Center, 6500 26th St W
Ward 1 Precinct 3 - Central Community Center, 6300 Walker
Ward 1 Precinct 4 - Lenox Community Center, 6715 Minnetonka Blvd.
Ward 1 Precinct 5 - Lutheran Church of Reformation, 2544 St. Hwy No. 100 S
Ward 1 Precinct 6 - City Hall, (Community Room) 5005 Minnetonka Blvd.
Ward 2 Precinct 1 - St. Louis Park Rec Center, 3700 Monterey Drive
Ward 2 Precinct 2 - Susan Lindgren Intermediate Center, 4801 41st St. W.
Ward 2 Precinct 3 - Brookside CommunityCenter, 4100 Vernon Ave S
Ward 2 Precinct 4 - Union Congregational Church, 3700 Alabama Ave S
Ward 2 Precinct 5 - City Hall (Council Chambers) 5005 Minnetonka Blvd
Ward 3 Precinct 1 - Prince of Peace Lutheran Church, 8115 State Hwy 7
Ward 3 Precinct 2 - Knollwood Church of Christ, 3639 Quebec Ave S
Ward 3 Precinct 3 - SLP Senior High, 6425 33rd St W
Ward 3 Precinct 4 - Aquila Primary Cneter, 8500 31st St W
Ward 3 Precinct 5 - Aquila Primary Center, 8500 31st St W
Ward 4 Precinct 1 - Cedar Manor Intermediate Center, 9400 Cedar Lake Road
Ward 4 Precinct 2 - Westwood Lutheran Church, 9001 Cedar Lake Road
Ward 4 Precinct 3 - Peace Presbyterian Church, 7624 Cedar Lake Road
Ward 4 Precinct 4 - St. Louis Park Junior High School, 2025 Texas Ave. S.
Ward 4 Precinct 5 - Elliot Community Center, 6800 Cedar Lake Road
and, that the following persons have agreed to serve as election or alternate judges and are
appointed for the General Election to be held November 6, 2001:
32
ELECTION JUDGES Parties: (D)=Democrat (R)=Republican (G)=Green (I)=Independence
WARD ONE
1-1, Torah Academy
(D) Berthene, Sandra-Chair
(I) Gleekel, Barbara Co-chair
(I) Wallentine, Sandra
(D) Ruhl, Barb
WARD TWO
2-3, Brookside Community
(I) Karnitz, Esther-Chair
(R) Plumeri, Margaret Co-chair
(I) Cox, JoAnn
(D) Linder, Juanita
WARD FOUR
4-1, Cedar Manor Int. Ctr.
(D) Stulberg, Jean-Chair
(R) Posz, Con CoChair
(R) Wheeler, Mary
(D) Tanick, Paul
1-2, Peter Hobart
(R) Baker, Ruth-Chair
(I) Rheinhart, Ethel, Co-chair
(D) Muszynski, Mary Ann
(D) Vaughan, Joan
2-4, Union Church
(I) Carlson, Donna-Chair
(R) Ranelle, Michelle Co-chair
(D) Siegle, Anne
(R) Moxham, Florence
4-2, Westwood Lutheran
(D) Kamman, Elizabeth-Chair
(R) Quilling, Shirley Co-chair
(R) Johnson, Nona
(I) Larson, Sharon
1-3, Central Community
(I) LaPray, Jami-Chair
(D) Novotney, Dolores Co-chair
(R) Johnson, Millie
(D) McGown, Joyce
2-5, City Hall
(I) Juntunen, Jan-Chair
(D) Ross, Louise Co-chair
(R) Bleecker, Arlene
(D) Schroeder, Vernette
4-3, Peace Presbyterian
(D) Maier, John- Chair
(R) J.Hamilton Kurtz Co-chair
(D) Skelton, Bonnie
(I) Bierma, Shirley
1-4, Lenox Comm. Center
(D) Maier, Marjory-Chair
(I) Bratland, Rose Co-chair
(D) Lundeen, Marian
(I) Gormley, Maureen
WARD THREE
3-1, Prince Of Peace Church
(D) Tape, William-Chair
(I) Deane, Betty Co-chair
(R) Hill, Geraldine
(D) Johnson, Carol
4-4, SLP Junior HS
(R) Martens, Brenda- Chair
(I) Christensen,Mary Co-chair
(D) Evers, Carol
(D) Hartman, Michelle
1-5, Luth Church Reformation
(D) Schoen, Lou-Chair
(I) Bell, Dorothy Co-chair
(D) Bloom, Janice
(R) Ploof, Patricia
3-2, Knollwood Church
(I) Kusnetz, Robert-Chair
(D) Lawless, Agnes Co-chair
(R) Byrd, Kathleen
(D) Hill, Bernice
4-5, Elliot Comm. Center
(R) Ryks, Margery-Chair
(D) Kohan, George Co-chair
(D) Marsden, Rick
(I) Noyes, Patsy
1-6, City Hall
(I) Morris, Gloria-Chair
(R) Otterblad, Pat Co-chair
(R) Olson, Ferda
(D) Polach, Janet
3-3, SLP Senior HS
(I), Nelson Dorothy Chair
(D) Nelson, Mabel Co-chair
(R) Cornelius, Jane
(D) Gabraith, Ardis
Alternates
(D) Lund, Luella
(R) Grosscup, Marian
(R) Desens, Helen
(I) Dell, Ed
WARD TWO
2-1, SLP Rec Center
(D) Wagner, Catherine- Chair
(I) Jones, Jeanne Co-chair
(D) Holden, Agnes
(R) Laird, Marilyn
3-4, Aquila Primary Center
(I) Williams, Michael-Chair
(R) Grove, Henry Co-chair
(D) Weinstein, Sheldon
(D) Finnerud, Chester
2-2, Susan Lindgren
(D) Bloom, Jon-Chair
(I) Steege, Richard Co-chair
(R) Welch, Rita
(R) Keedy, Joanne
3-5, Aquila Primary Center
(R) Anderson, Mary-Chair
(D) Corcoran, Margaret Co-chair
(G) Stapleton, Kris
(I) Tangley, Alice
33
BE IT FURTHER RESOLVED that the effective date of this Resolution is October 3, 2001.
Reviewed for Administration: Adopted by the City Council October 3, 2001.
City Manager Mayor
Attest:
City Clerk
34
CONSENT ITEM # 2
St. Louis Park City Council
Meeting of October 3, 2001
2. Motion to adopt resolution allowing Park Nicollet Health Services to issue up to
$10,000,000 in Private Activity Revenue Bonds and approve all documents in
connection with the bond issue.
Background:
Preliminary approval for this bond issue was given at the September 4, 2001 City Council
meeting. A Public Hearing was also held on September 4, 2001 to consider the issuance of this
Private Activity Revenue Bond for Park Nicollet Health Services.
This is the final approval needed in order to proceed with the issuance of these bonds. The total
bond issue is not to exceed $10,000,000 and the proceeds will be used to purchase equipment.
This debt is to be repaid over a period of seven (7) years.
This bond issue is considered conduit debt and, therefore, the City is not liable for the repayment
of the debt. Park Nicollet Health Services is required to pay the City an administrative fee of
1/8th of 1% of the outstanding principle balance of the debt.
Attachments:
• Resolution authorizing the issuance and approving the execution of documents in connection
with the bond issue
Prepared by: Jean D. McGann, Director of Finance
Approved by: Clint Pires, Deputy City Manager
35
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK, MINNESOTA APPROVING AND
AUTHORIZING THE ISSUANCE OF ITS REVENUE
BONDS (PARK NICOLLET HEALTH SERVICES
PROJECT), SERIES 2001, UNDER MINNESOTA
STATUTES, SECTIONS 469.152 THROUGH 469.165, AS
AMENDED, TO FINANCE PROPERTY FOR THE
BENEFIT OF PARK NICOLLET HEALTH SERVICES,
PARK NICOLLET CLINIC, METHODIST HOSPITAL
AND PNMC HOLDINGS; APPROVING THE FORM AND
AUTHORIZING THE EXECUTION OF THE REVENUE
BONDS AND RELATED DOCUMENTS; AND
PROVIDING FOR THE SECURITY, RIGHTS AND
REMEDIES WITH RESPECT TO THE REVENUE
BONDS
WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 469.152 through 469.165, as amended (the “Act”), each municipality and
redevelopment agency of the State of Minnesota (as defined in the Act), including the City of
St. Louis Park, Minnesota (the “City”), is authorized to issue its revenue obligations to finance
capital equipment and improvements to land and buildings for the benefit of a revenue producing
enterprise to be owned by a contracting party (as defined in the Act); and
WHEREAS, the City has proposed to issue is revenue obligations (the “Obligations”),
and loan the proceeds derived from the issuance of the Obligations to Park Nicollet Health
Services, a Minnesota nonprofit organization, Park Nicollet Clinic, a Minnesota nonprofit
corporation, Methodist Hospital, a Minnesota nonprofit corporation, and PNMC Holdings, a
Minnesota nonprofit corporation, or related entities (collectively, the “Corporations”) to finance
the acquisition of various assets and hospital improvements, including, but not limited to,
hospital and medical equipment, and computer equipment, all to be located at facilities owned by
the Corporations, in the City (the “Project”); and
WHEREAS, the Obligations are proposed to be purchased by GE Capital Public Finance,
Inc., (the “Lender”) and the proceeds derived from the sale of the Obligations will be loaned to
the Corporations pursuant to the terms of a Master Financing Agreement, dated as of October 1,
2001 (the “Master Financing Agreement”), among the Lender, the City and the Corporations,
Schedule No. 1 to Master Financing Agreement, dated as of October 1, 2001 (“Schedule No 1”),
among the Lender, the City and the Corporations, and Schedule No. 2 to Master Financing
Agreement, dated as of October 1, 2001 (“Schedule No 2”), among the Lender, the City and the
Corporations; and
36
WHEREAS, the payment of the principal of, premium, if any, and interest on the
Obligations will be secured by: (i) the revenues derived from the Master Financing Agreement,
Schedule No. 1 and Schedule No. 2 (the “Agreements”) to be assigned to the Lender; and
(ii) certain other security granted by the Corporations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ST. LOUIS PARK, MINNESOTA, THAT:
1. The City acknowledges, finds, determines, and declares that the issuance of the
Obligations is authorized by the Act and is consistent with the purposes of the Act and that the
issuance of the Obligations and the other actions of the City under the Agreements and this
resolution constitute a public purpose and are in the best interests of the City.
2. For the purposes set forth above, there is hereby authorized the issuance, sale and
delivery of the Obligations in the aggregate principal amount of $10,000,000. The Obligations
shall bear interest, shall be numbered, shall be dated, shall mature, shall be in such form, and
shall have such other terms, details, and provisions as are prescribed in the form of Agreements
now on file with the City. The City hereby authorizes the Obligations 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 Agreements, 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
Obligations shall have the terms set forth in the Agreements substantially in the form on file with
the City, which are hereby approved, with such necessary and appropriate variations, omissions
and insertions (including changes to the principal amount of the Obligations, the determination
of the interest rates on the Obligations, and other terms of the Obligations) as the Mayor and the
City Manager of the City (the “Mayor” and “Manager,” respectively), in their discretion shall
determine. The execution of the Agreements with the manual signatures of the Mayor and the
Manager and the delivery of the Agreements by the City shall be conclusive evidence of such
determination.
3. The Obligations shall be special obligations of the City payable by the City solely
from the revenues derived by the City from the Agreements, as assigned to the Lender.
4. The City Council of the City hereby authorizes and directs the Mayor and the
Manager to execute and deliver the Agreements in the form now on file with the City, the
Escrow Agreement with respect to Schedule No 1, dated as of October 1, 2001 (the “Schedule
No. 1 Escrow Agreement”), between the Lender, the City, the Corporations and National City
Bank of Minneapolis, as escrow agent (the “Escrow Agent”), and the Escrow Agreement with
respect to Schedule No 2, dated as of October 1, 2001 (the “Schedule No. 2 Escrow
Agreement”), between the Lender, the City, the Corporations and the Escrow Agent. All of the
provisions of the Agreements, Schedule No. 1 Escrow Agreement and Schedule No. 2 Escrow
Agreement (the “Obligation Documents”), 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
37
and shall be in full force and effect from the date of execution and delivery thereof. The
Obligation Documents shall be substantially in the forms on file with the City, which are hereby
approved, with such necessary and appropriate variations, omissions and insertions as the Mayor
and the Manager in their discretion shall determine. The execution of the Obligation Documents
with the manual signatures of the Mayor and the Manager and the delivery of the Obligation
Documents by the City shall be conclusive evidence of such determination.
5. The Obligations shall be revenue obligations of the City the proceeds of which
shall be disbursed pursuant to Schedule No. 1 Escrow Agreement and Schedule No. 2 Escrow
Agreement, and the principal, premium, and interest on the Obligations shall be payable solely
from the revenues derived from the Obligation Documents, and the other sources set forth in the
Agreements.
6. The Lender is hereby appointed as Paying Agent and Bond Registrar for the
Obligations.
7. The Mayor and 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 Obligations, including the City Tax Certificate, the
Information Return for Tax-Exempt Private Activity Bond Issues, and all other documents and
certificates as shall be necessary and appropriate in connection with the issuance, sale, and
delivery of the Obligations. 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 Obligations.
8. All covenants, stipulations, obligations, and agreements of the City contained in
this resolution and the aforementioned documents shall be deemed to be the covenants,
stipulations, obligations, and agreements of the City to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the
City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred
and duties and liabilities imposed upon the City 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 Obligations shall be liable personally on the Obligations 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
Obligations or in any other document relating to the Obligations, 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
38
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 Obligation Documents which are to be applied to the payment of the Obligations.
9. 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, other than the City or any holder of the Obligations 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 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 Obligations issued under the provisions of this
resolution.
10. In case any one or more of the provisions of this resolution, other than the
provisions contained in Section 3 hereof, or of the aforementioned documents, or of the
Obligations 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 Obligations, but this resolution, the aforementioned documents, and the
Obligations shall be construed and endorsed as if such illegal or invalid provisions had not been
contained therein.
11. The Agreements, when executed and delivered, shall contain a recital that the
Obligations are issued pursuant to the Act, and such recital shall be conclusive evidence of the
validity of the Obligations 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 Obligations, 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.
12. 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 Obligations for
the full, punctual and complete performance of all the terms, covenants and agreements
contained in the Obligations, 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 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 Manager, with the same force and effect as if such
documents were executed and delivered by the Manager of the City.
13. The City Council elects not to qualify the Obligations as “qualified tax-exempt
obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the “Code”).
39
14. The Agreements will include covenants of the Corporations to pay the
administrative fees of the City and pay, or upon demand, reimburse the City for payment of, any
and all costs incurred by the City in connection with the Project and the issuance of the
Obligations, whether or not the Obligations are issued.
15. This resolution shall be in full force and effect from and after its passage.
Reviewed for Administration: Adopted by the City Council October 3, 2001
City Manager Mayor
Attest:
City Clerk
40
City of St. Louis Park
City Council Agenda Item 3
Meeting of October 3, 2001
3. Motion to adopt second reading of an ordinance to vacate an old utility
easement in Park Commons East area, approve Summary Ordinance and
authorize publication. Case No. 01-08-VAC
Background:
During a title search for the transfer of property, an old utility easement was discovered south of
39th Street and west of the town green in Park Commons East. This easement was not vacated
when the previous ordinance was considered to vacate streets subject to recording the plat. The
utility easement is not needed for any purpose and needs to be vacated to clear up the title.
Notice has been sent to property owners within 350 feet. A letter has also been sent to utility
companies. Reliant Energy Minnegasco has responded that it has no interest in the easement and
does not object to the vacation.
On September 5, 2001, the Planning Commission considered the easement vacation and
recommended approval on a vote of 6-0. On September 24, 2001, the City Council held a public
hearing and approved first reading of the vacation ordinance on a vote of 6-0.
The plat for Park Commons East cannot be recorded until this easement is vacated and the title is
cleared up. Until the plat is recorded, no work other than excavation can take place on the site.
Since there were no concerns raised with the vacation, publication of the summary ordinance
will appear the same day as this Council meeting.
Recommendation:
Staff and the Planning Commission recommend approval of an ordinance to vacate the utility
easement with no conditions. The summary ordinance has been published on October 3rd. If the
Council approves Second Reading on October 3rd, the ordinance will become effective on
October 18th.
Attachment:
Proposed Ordinance
Proposed Summary Ordinance
Prepared by: Janet Jeremiah, Planning & Zoning Supervisor
Approved by: Clint Pires, Deputy City Manager
41
ORDINANCE NO. 2209-01
AN ORDINANCE VACATING A UTILITY EASEMENT
IN “Minikahda Vista 2nd Addition, Hennepin County”
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all the owners of all property
abutting upon both sides of the utility easement proposed to be vacated has been duly filed with
the City Clerk, requesting vacation of the utility 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 September 12, 2001, as directed by the said notice and has conducted a
public hearing upon said petition and has determined that the utility easement is not needed for
public purposes, and that it is for the best interest of the public that said utility easement be
vacated.
Section 2. The City hereby vacates that certain utility easement contained in that
certain Warranty Deed dated February 27, 1961, filed May 8, 1961, as Document No. 656726 in
the Office of the Hennepin County Registrar of Titles, in favor of the City of St. Louis Park,
legally described as follows:
A Utility Easement only, for any and all public or privately owned public utilities including but
not limited to water, sewer, storm sewer, electric, telephone, telegram and gas, in and over a strip
of land described as follows:
The Southerly five (5) feet of Lot Six (6), the Northerly five (5) feet of Lot Seven (7), the
Northerly five (5) feet of Tract A, Registered Land Survey No. 915, files of the Registrar of
Titles of Hennepin County, the Westerly five (5) feet of Lot Six (6), the Westerly five (5) feet of
Tract A, Registered Land Survey No. 915, and the Westerly five (5) feet of Tract B, Registered
Land Survey No. 915, except the Southerly two (2) feet thereof, Block Five (5), Minikahda Vista
2nd Addition, according to the recorded plat thereof.
Section 3. The City Clerk is instructed to file a certified copy of this ordinance in the
Office of the Hennepin County Registrar of Titles.
Section 4. This Ordinance shall take effect fifteen days after publication.
INSERT SIGNATURE BLOCK HERE
42
SUMMARY
ORDINANCE NO. 2209-01
AN ORDINANCE VACATING A UTILITY EASEMENT
Minikahda Vista 2nd Addition
This ordinance states that a certain utility easement located south of 39th Street and west of the
future town green in Park Commons East shall be vacated.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council October 3, 2001
Jeffrey Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: October 3, 2001
N:res/01-08-VAC util sum
43
CONSENT ITEM # 4
St. Louis Park City Council
Meeting of October 3, 2001
4. Motion to adopt the second reading of an ordinance that authorizes the
conveyance of City-owned property along the south boundary of the
“Westmoreland Park” plat to the St. Louis Park EDA.
Background:
On September 24, 2001 the City Council approved the first reading of an ordinance authorizing
the land conveyance outlined above.
Recommendation:
Staff recommends adoption of the second reading of an ordinance that authorizes the sale of
City-owned property located along the south boundary of the “Westmoreland Park” plat to the
St. Louis Park EDA.
Attachments: Ordinance
Summary Ordinance
Prepared by: Tom Kleve, Economic Development Coordinator
Approved by: Clint Pires, Deputy City Manager
44
ORDINANCE NO. 2210-01
AN ORDINANCE AUTHORIZING CONVEYANCE OF CITY-OWNED-LAND ALONG
THE SOUTH BOUNDARY OF THE WESTMORELAND PARK PLAT TO THE
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. The conveyance of city-owned land along the south boundary of the
Westmoreland Park Plat to the St. Louis Park Economic Development Authority is hereby
authorized.
The property proposed to be conveyed is legally described as follows:
That part of the plat of “Westmoreland Park”, according to the recorded plat thereof, Hennepin
County, Minnesota lying southeasterly of the following described line:
Commencing at the Southeast corner of the Southwest Quarter of Section 6, Township
28, Range 24, Hennepin County, Minnesota; thence on an assumed bearing of North 89
degrees 31 minutes 56 seconds West a distance of 783.73 feet along the south line of said
Southwest Quarter to the point of beginning of the line to be described; thence North 63
degrees 41 minutes 04 seconds East a distance of 850.92 feet to the west right-of-way
line of Natchez Avenue South and said line there terminating.
The transfer shall occur in accordance with the terms of a Development Agreement executed by
the City and the EDA dated July 23, 2001, on file with the City Clerk.
SECTION 2. This ordinance shall be effective fifteen (15) days after its passage and
publication.
Adopted by the City Council October 3, 2001
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
45
SUMMARY
ORDINANCE NO. 2210-01
AN ORDINANCE AUTHORIZING CONVEYANCE OF CITY PROPERTY
TO THE ST. LOUIS PARK EDA
This ordinance states that the sale of city-owned property along the south boundary of the
Westmoreland Park plat to the St. Louis Park Economic Development Authority (EDA) is
hereby authorized.
The sale shall occur in accordance with the terms of a Development Agreement executed by the
City and the EDA dated July 23, 2001, on file with the City Clerk.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council October 3, 2001
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in the St. Louis Park Sailor: October 17, 2001
N:res/landtransfer sum
46
CONSENT ITEM # 5
St. Louis Park City Council
Meeting of October 3, 2001
5. Second Reading of an ordinance to rename a portion of 38th and 39th Street
west of Monterey Drive to its terminus at the Park Nicollet Clinic Park
Commons Drive effective April 1, 2002, approve Summary Ordinance and
authorize publication.. Case No. 01-48-ST
Background:
As part of the PUD and platting process for Park Commons East, TOLD Development Company
suggested renaming 38th/39th Street from Monterey Drive west to its terminus at the HSM/Park
Nicollet Clinic. At that time, TOLD suggested renaming the street “Grand Place”. The Council
expressed an interest in renaming the street but wanted to consider other names.
On June 25, 2001, staff sent a survey to residents of Wolfe Lake and Westmoreland Hills
condominiums. More than half of the condominium owners responded to the survey, and several
new names were suggested. One of the names suggested by condominium residents was “Park
Commons Drive”.
During Study Sessions on August 13th and August 27, 2001, the Council discussed the results of
the survey and subsequent input. Although there was not unanimous agreement, the Council
directed staff to advertise a public hearing to consider renaming 38th/39th Street to “Park
Commons Drive”. The Council also expressed an interest in providing assistance to
condominium residents and their associations in making the necessary changes.
Individual hearing notices were sent to all owners of the adjacent condominiums as well as to
Duane Spiegle at HSM/Park Nicollet. On September 24, 2001, the Council held a public
hearing, heard testimony from residents, and voted 6-0 to approve First Reading of the renaming
ordinance with an effective date of January 1, 2002.
The Post Office and effected residents have revealed some problems with a January 1st effective
date. The Post Office noted that tax information mailed early in the year might get lost due to
the change. Residents have also noted that they may not be able to get their condominium
identification signs installed by January 1st, due to lack of time and frozen ground. Staff has
discussed alternatives with the Ward Councilmember (who made the motion regarding the
January 1st effective date) and representatives of the condominium owners. Both have agreed to
delay the effective date until April 1, 2002. Therefore, the proposed ordinance includes an April
1, 2002 effective date.
Issues:
What are the advantages of renaming 38th/39th Street “Park Commons Drive”?
47
What are the disadvantages?
What is being done to help residents and their associations with the name change?
What are the advantages of renaming 38th/39th Street “Park Commons Drive”?
Renaming 38th/39th Street “Park Commons Drive” would reinforce the town center area name.
“Park Commons” was selected as the town center name after several residents suggested it
during a town center naming “contest”. “Park Commons Drive” was also suggested by residents
and would therefore continue the tradition of using a grassroots approach to determine names for
the area.
The Park Commons West Task Force recommended extending 38th/39th Street through the
HSM/Park Nicollet campus in the future. Therefore, 38th/39th will become the main east-west
local connection through the Park Commons area. It seems appropriate for a major public street
in the area to carry the name.
Park Commons Drive does not conflict with any other street names. It would be located entirely
within the Park Commons area, and therefore should not create any confusion regarding its
location. Since the roadway does not follow a true east-west or north-south alignment, it seems
appropriate to use something other than “Street” or “Avenue”.
Staff has not heard any major objections from residents regarding the name (see disadvantages
below for minor concerns and other preferences). The developer is accepting of the name, since
they cannot use it for its private project. A variance has already been granted to allow streets in
the Park Commons area to use the word “park”.
What are the disadvantages?
Some residents have noted that the name is a little long. Others have indicated a preference for a
more historical name (dating back to the City’s origin rather than Vision St. Louis Park). During
the public hearing, one resident questioned the need to rename the street at all.
What is being done to help residents and their associations with the name change?
Delaying the effective date until April 1, 2002 will allow residents time to make the appropriate
changes, use printed materials with their old address, etc. The Post Office has also noted that the
delay will help prevent important mailings, such as tax information and credit card bills, from
becoming lost.
Martha McDonell, Community Outreach Coordinator, will act as the staff liaison to coordinate
with residents, the Post Office, and other entities as needed to help with the transition. Martha is
currently setting up a meeting with residents and a Post Office employee. Martha will also be
available to help answer questions as they arise later in the process.
48
Based upon positive feedback during the Council Study Sessions, the City is also offering to pay
up to $3,000 to each condominium association to reimburse them for costs associated with
replacing their project signs.
Attachments:
Proposed Ordinance
Proposed Summary Ordinance
Prepared by: Janet Jeremiah, Planning & Zoning Supervisor
49
ORDINANCE 2211-01
AN ORDINANCE RENAMING A PORTION OF 38TH and 39TH STREET
IN ST. LOUIS PARK TO PARK COMMONS DRIVE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. PARK COMMONS DRIVE
That the street heretofore designated 38th and 39th Street lying west of
Monterey Drive to its terminus at the Park Nicollet Clinic is hereby
designated Park Commons Drive.
Section 2. Effective Date
This ordinance shall take effect on April 1, 2002
Adopted by the City Council October 3, 2001
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
N/res:01-48-ST
50
SUMMARY
ORDINANCE NO. 2211-01
AN ORDINANCE RENAMING A PORTION OF 38th/39th STREET
TO PARK COMMONS DRIVE
This ordinance states the street designated 38th/39th Street lying west of Monterey Drive to its
terminus at the Park Nicollet Clinic will be renamed Park Commons Drive.
The ordinance shall take effect on April 1, 2002.
Adopted by the City Council October 3, 2001
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: October 17, 2001
N:res/01-48-sum
51
CONSENT ITEM # 6
St. Louis Park City Council
Meeting of October 3, 2001
6. Motion to adopt resolution authorizing the city to participate in Livable
Communities local housing incentives account program in 2002
Background:
In order to be eligible to access funds authorized each year by the Metropolitan Livable
Communities Act (LCA), the Council is required to adopt annually a resolution agreeing to
participate in the Local Housing Incentives Account Program. This resolution is due to the
Metropolitan Council by November 15 of each year. The grants available through the LCA
include the Tax Base Revitalization Account (polluted sites), the Livable Communities
Demonstration Account (projects that demonstrate livable communities characteristics), and the
Local Housing Incentives Account (creation of affordable housing). The City has received
grants through both the Tax Base Revitalization Account and the Livable Communities
Demonstration Account.
Failure to participate also renders St. Louis Park ineligible to receive certain funds for polluted
site clean-up from the Department of Trade and Economic Development (DTED).
In order to qualify to receive grants authorized by the Metropolitan Livable Communities Act,
cities are required to participate annually in the Local Housing Incentives Account Program
(Minnesota Statutes Section 473.254) by Council resolution (due November 15 of each year).
This resolution constitutes a commitment by the City to fund programs, such as CDGB, directed
at preserving affordable housing.
If the City Council wishes to continue the City’s participation in the Local Housing Incentives
Account Program for the year 2002, the attached resolution must be adopted by November 15,
2001.
Attachments: Resolution Electing to Continue Participating in the Local Housing
Incentives Account Program under the Metropolitan Livable Communities
Act for Calendar Year 2001
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Clint Pires, Deputy City Manager
52
RESOLUTION NO. 01-109
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2002
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section
473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to
address housing and other development issues facing the metropolitan area defined by Minnesota
Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local Housing
Incentives Account, and the Inclusionary Housing Account is intended to provide certain funding
and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and Economic Development unless
the municipality is participating in the Local Housing Incentives Account Program under the
Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle housing goals
for that municipality that are consistent with and promote the policies of the Metropolitan
Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the
municipality plans to take to meet the established housing goals through preparation of the
Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in
the Local Housing Incentive Account Program during the calendar year 2001, can continue to
participate under Minnesota Statues section 473.254 if: (a) the municipality elects to participate
in the Local Housing Incentives Program by November 15, 2001; and (b) the Metropolitan
Council and the municipality have successfully negotiated affordable and life-cycle housing
goals for the municipality.
53
NOW, THEREFORE, BE IT RESOLVED THAT the City of St. Louis Park hereby
elects to participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 2002.
Reviewed for Administration: Adopted by the City Council October 3, 2001
City Manager Mayor
Attest:
City Clerk
54
CONSENT ITEM # 7
St. Louis Park City Council
Meeting of October 3, 2001
7. Motion to approve second reading of Miscellaneous Zoning Ordinance
amendments to Sections 14:7-3(A)(1) and 14:8-4.1 to extend the rights of non-
conforming uses from 6 months to 1 year and change the adoption
requirements for zoning code and map amendments in accordance with State
Law, approve summary ordinance and authorize its publication. Case No. 01-
42-ZA.
Background:
The State Legislature recently adopted new laws that extended the rights for terminated non-
conforming uses and also amended the requirements for adoption of new ordinances and map
amendments. Staff is proposing these amendments so the Zoning Ordinance does not conflict
with the recently adopted state law.
On September 5, 2001, the Planning Commission held a public hearing and considered the
Zoning Ordinance amendments. No one was present from the public. The Planning Commission
voted 6-0 to recommend approval of the amendments.
On September 24, 2001, the City Council voted 6-0 to approve the first reading of the Zoning
Ordinance amendments. There was an error in one of the section references, which has been
corrected.
Issues:
• Should the code be amended to reflect the proposed changes?
Analysis of Issues:
Should the code be amended to reflect the proposed changes?
As mentioned above the State recently adopted new law pertaining to the non-conforming rights
when a use has been terminated and the adoption requirements for both ordinance and map
amendments. The City Attorney recommends amending our ordinance for consistency with State
Law.
The code currently permits the continuation of non-conforming uses for a period of six-months
after the use has ceased operations. The new law states that when a non-conforming land use
ceases operations for more than one year, the non-conforming rights associated with the property
shall be terminated after that time. This is an extension of 6 months from the current
requirement.
55
Currently, amendments to the Zoning Ordinance require a vote of 2/3 of the City Council. The
new law states that a single majority vote of the City Council is sufficient to adopt amendments
to the Zoning Ordinance. However, an amendment to change the zoning map from residential to
either commercial or industrial would still require a two-thirds (2/3) majority vote of all the
Council members.
Recommendation:
Motion to approve Second Reading of a Zoning Ordinance amendment extending the rights of
non-conforming uses from 6 months to 1 year and changing the adoption requirements for
zoning code and map amendments in accordance with State Law, approve Summary Ordinance
and authorize publication.
Attachments:
• Proposed Ordinance
• Proposed Summary Ordinance
Prepared by: Patrick Smith, Planner
Approved by: Clint Pires, Deputy City Manager
56
ORDINANCE NO. 2212-01
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 14:7-3(A)(1) and 14:8-4.1
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 01-42-ZA)
Sec. 2. The St. Louis Park Ordinance Code, Sections 14:7-3(A)(1) and 14:8-4.1 are
hereby amended to read as follows:
Section 14:7-3(A)(1) – Non-Conforming Land Use
“Termination of rights through discontinuation of the use - If a legal non-
conforming land use terminates operations or use for a period of time exceeding
one year or if the land or building is vacant for a period of time exceeding one
year the City may infer an intent to abandon the use and the non-conforming
rights granted by this section are terminated and any future use of the land must
comply fully with this Ordinance.”
(Remainder of Section 14:7-3(A)(1) to remain unchanged.)
Section 14:8-4.1 General
“The City Council may, by an affirmative vote of a majority of all its members,
adopt amendments to this Ordinance. Amendments which change all or part of
the existing classification of a zoning district from residential to either
commercial or industrial require a two-thirds (2/3) majority vote of all members
of the City Council.”
(Subsections A. and B. to remain unchanged.)
Sec. 3. The contents of Planning Case File 01-42-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
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Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council October 3, 2001
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
N:res\01-42-ZA
58
SUMMARY
ORDINANCE NO. 2212-01
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS
14:7-3(A)(1) and 14:8-4.1
This ordinance extends the rights of non-conforming uses from 6 months to 1 year and changes
the adoption requirements for zoning code and map amendments in accordance with State Law.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council October 3, 2001
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: October 17, 2001
N:res/01-42-SUM
59
CONSENT ITEM #8
St. Louis Park City Council
Meeting of October 3, 2001
8. Bid Tabulation: Motion to designate S.M. Hentges & Sons, Inc. the lowest
responsible bidder and authorize execution of a contract with the firm in the amount
of $1,559,418.75 for stormwater improvements at W. 33rd Street and Dakota Avenue
– City Project No. 00-07 (Area #15), W. 33rd Street and Texas Avenue – City Project
No. 01-08 (Area #13B), and W. 40th Street and Yosemite Avenue – City Project No.
01-09 (Area #19)
Background: Bids were received on September 20, 2001 for three (3) stormwater improvement
projects at W. 33rd Street and Dakota Avenue – City Project No. 00-07 (Area #15), W. 33rd
Street and Texas Avenue – City Project No. 01-08 (Area #13B), and W. 40th Street and Yosemite
Avenue – City Project No. 01-09 (Area #19)
The City received a total of eight (8) bids for these projects. Advertisement for bids were
published in the St. Louis Park Sun-Sailor on August 29, 2001 and in the Construction Bulletin
on August 24, 31, and September 7, 2001. A summary of the bid results is as follows:
Contractor Area #15 Area #13B Area #19 Total
S.M. Hentges & Sons, Inc. $1,015,175.60 $444,550.15 $ 99,693.00 $1,559,418.75*
Palda & Sons, Inc. $1,112,015.37 $483,268.03 $100,881.45 $1,696,164.85
Richard Knutson, Inc. $1,171,654.55 $557,347.20 $106,814.80 $1,835,816.55
Thomas & Sons Const., Inc. $1,146,911.95 $586,556.80 $107,746.50 $1,841,215.25
Lametti & Sons, Inc. $1,244,978.50 $545,838.00 $125,674.00 $1,916,490.50*
C.S. McCrossan Const., Inc. $1,245,035.20 $559,854.20 $112,547.00 $1,917,436.40
ARNT Const Co., Inc. $1,333,373.94 $577,681.86 $125,149.00 $2,036,204.80*
G.L. Contracting, Inc. $1,722,316.16 $665,222.97 $138,749.20 $2,526,288.33*
Engineer’s Estimate $1,138,864.75 $447,629.85 $ 73,694.00 $1,660,188.60
* Denotes engineer’s correction upon extension.
Evaluation of Bids: A total of eight (8) companies submitted bids. A review of the bids
indicates S.M. Hentges & Sons, Inc. submitted the lowest bid. S.M. Hentges & Sons, Inc. has
satisfactorily completed a number of major projects in other suburban communities including
Shakopee and Savage. Staff has determined that S.M. Hentges & Sons, Inc. submitted the lowest
responsible bid and recommends a contract is awarded to the firm in the amount of
$1,559,418.75.
Prepared By: Carlton Moore, Superintendent of Engineering
Approved By: Clint Pires, Deputy City Manager
60
Item #9a
City of St. Louis Park
Human Rights Commission
Meeting Minutes – August 15, 2001
Westwood Room - City Hall
_____________________________________________________________________________
Present
Commission Members: Marc Berg, Cassandra Boddy, Jake Feldman, Patrick Rogers, Kristin
Siegesmund, Chris Smith, and Emily Wallace-Jackson
Staff: Martha McDonell, Commission Liaison and Lynn Schwartz, Recording Secretary
Call to Order
Chairperson Kristin Siegesmund called the meeting to order at 7:08 p.m.
August Minutes: Moved by Marc Berg and seconded by Cassandra Boddy to approve the July
minutes with a minor correction. Motion passed unanimously.
September Agenda: Members agreed on the evening’s agenda without revision.
Reports
Commissioner Reports: Marc Berg reported on plans for a KKK rally and anti-KKK rally set
for August 24 at the State Capitol. Members agreed to encourage acquaintances to attend the
anti-KKK rally.
Chris Smith reported on a call received on the Human Rights Commission Phone Line. The
caller, a former block captain and gay man, reported that he felt discriminated against when he
was not invited to the block’s National Night Out gathering and when conservative Christian
fliers were placed on the windshield of neighborhood cars, including his vehicle. Martha
McDonell added that Debra Strege, Block Captain Coordinator, and Sergeant Lori Dreier were
going to contact the block captain to learn more about the situation and whether an intentional or
inadvertent exclusion did occur. Commissioners said they appreciated the Police Department’s
willingness to look into the allegation. After discussing possible follow-up actions—training for
block captains, referring the issue to mediation, etc.—commissioners agreed it was best to wait
to take any action until they learned whether the allegation was founded. Moved by Marc Berg
and seconded by Patrick Rogers that Chris Smith monitor the situation, speak with the caller to
determine whether the issue has been resolved, and report back at the September meeting.
Motion passed unanimously.
Emily Wallace-Jackson suggested that the commission consider participating in the block
captain training and offer information on gay/lesbian issues and perceptions. Kristen
Siegesmund suggested that the commission could also write another article for the block
captains’ newsletter.
Marc Berg asked whether the call raises the issue of how the commission should respond to
phone line calls. Martha McDonell responded that the commission has a set a protocol, and the
61
commissioner who took the call followed the protocol. Emily Wallace-Jackson added that it’s
her understanding that the commission’s role is to refer the caller to the appropriate person or
agency, and follow up with education to the community, when appropriate.
Staff Report: Martha McDonell reported that the Minnesota Department of Human Rights
dismissed the case raised by Thomas Cole stemming from his letter alleging that being unable to
park his van on the street constituted discrimination.
McDonell also reported that a City Council member, after reading the commission’s minutes,
expressed concern about the commission endorsing causes. The council member stated that the
commission is not empowered to endorse causes on behalf of the City of St. Louis Park.
McDonell responded that these discussions are usually informational updates from the
commissioners, and the commission is aware that it does not typically endorse causes. She
added that the City Council would be advised if the Human Rights Commission plans to pursue a
controversial issue or endorse a cause.
Martha McDonell reported that Herb Isbin, who could not be at tonight’s meeting, submitted a
written report on the League of Minnesota Human Rights Commissions. Commenting on the
report, Kristen Siegesmund suggested that the commission send to the League the signed copies
of the Personal Action Pledge that it has collected to date.
McDonell also reported that Isbin suggested that the High School’s Human Mosaic group
participate in the University of Minnesota’s Human Rights, Diversity and Leadership Week set
for September 17 through 21 at the U of M campus.
.
Old Business
Cultural Competency Forums: Martha McDonell told commissioners that she would be
meeting with Community Education Director Linda Savaried as part of the commission’s plan to
help the School District plan a series of forums aimed at helping the community learn more
about its demographic composition and live in a more diverse community.
Marc Berg asked that McDonell bring his proposal to the planning team. Berg proposed a forum
where new immigrants could ask a panel of long time suburbanites about suburban culture.
Kristen Siegesmund said she liked the idea of reversing the roles of the panel and the audience
but questioned whether new immigrants would be able to know what to ask. Emily Wallace-
Jackson suggested a mix of panelists with a facilitator asking prepared questions to get the
discussion rolling. Siegesmund added that the forum could also break into small groups to
actively engage participants.
Siegesmund suggested that the commission offer to help find a facilitator or panelists. She asked
commissioners to bring suggestions to the September commission meeting. Wallace-Jackson
added that commissioners could come to the September meeting with ideas for three forums to
pass along to the School District. She added that the third session should have a practical
orientation—such as suggesting ways that parents talk to kids about diversity issues. Martha
McDonell agreed, noting that people want to do the right thing and appreciate having some
practical pointers.
62
Patrick Rogers asked how the forums can reach out to people on the fringe so the sessions aren’t
simply ‘preaching to the choir.’ McDonell noted that this was a good point and suggested that
smaller follow-up presentations could be brought to local civic groups, churches and synagogues.
Wallace-Jackson offered to revise Marc Berg’s proposal to incorporate some of the evening’s
suggestions. Martha McDonell noted she would also mention the idea at the upcoming forum
planning meeting with School District Superintendent Dr. Barbara Pulliam and Linda Savareid.
Personal Action Pledge: Martha McDonell shared a draft of the modified pledge and members
agreed to use the revised format in future efforts.
Letter of Support For Staff: Commissioners reviewed the letter drafted by Herb Isbin. Marc
Berg suggested that the letter be revised to commend Martha McDonell on her leadership and
participation. Any additional revisions should be sent to Kristen Siegesmund and these will be
forwarded to Herb Isbin so he can finalize the content and send it to the City Council.
Vision St. Louis Park Follow-Up: Patrick Rogers volunteered to advise the Outcomes
Committee on how it might conduct focus groups to measure the community’s acceptance of
diversity. Rogers will attend the upcoming August 22 meeting to get oriented on the
committee’s plans and goals.
New Business
Human Rights Award: Members agreed that they need to do more marketing to increase the
number of nominations. One suggestion was to give the winner $50 to $100 for donation to the
winner’s favorite organization or charity. Emily Wallace-Jackson suggested that commission
send out a letter to targeted social service organizations; afterward, commissioners would follow
up on the mailing with at least one personal phone call. Martha McDonell suggested that the
four-page packet could be edited so it is not so likely to discourage people from submitting
nominations. Members agreed to come to next month’s meeting prepared with at least one
organization that they would be willing to personally contact as well as some marketing ideas.
Set Agenda For Next Meeting
Members agreed to add the following items to the September 12 agenda:
Review of draft of commission’s recruiting flier
Follow-up on phone line caller’s concern
Cultural competency forums
Vision St. Louis Park
Human Rights Award guidelines, marketing and community partners.
Martha McDonell reminded commissioners that the September meeting is one week early to
accommodate observance of Rosh Hashanah.
Adjournment
Moved by Jake Feldman and seconded by Patrick Rogers to adjourn. Motion passed
unanimously. With no further business, the commission adjourned at 8:55 p.m.
63
Item #9b
OFFICIAL MINUTES
PLANNING COMMISSION
CITY OF ST. LOUIS PARK
SEPTEMBER 5, 2001--6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Ken Gothberg, Dennis Morris,
Carl Robertson, Jerry Timian, Sally Velick
MEMBERS ABSENT: Michael Garelick
STAFF PRESENT: Janet Jeremiah, Patrick Smith, Nancy Sells
1. Call to Order - Roll Call
Chair Velick called the meeting to order at 6:00 p.m.
2. Approval of Minutes of August 15, 2001
Commissioner Morris moved approval of the minutes and the motion passed on a vote of
4-0 with Commissioners Bissonnette, Gothberg, Morris, Robertson, Timian and Velick
voting in favor.
3. Hearings
A. Case No. 01-42-ZA – Miscellaneous Zoning Ordinance Amendments to Sections
14:7-3(A)(1) and 14:8-4.1(C)(7) to extend the rights of non-conforming uses from
6 months to 1 year and change the adoption requirements for zoning code and
map amendments in accordance with State Law.
Mr. Smith presented a staff report.
Chair Velick opened the public hearing. With no one wishing to speak, she
closed the public hearing.
Commissioner Morris moved approval and recommended adoption of the
proposed code amendments. The motion passed on a vote of 6-0 with
Commissioners Bissonnette, Gothberg, Morris, Robertson, Timian and Velick
voting in favor.
B. Case No. 01-43 CUP – Request of the City of St. Louis Park for a Conditional
Use Permit to permit the placement of fill for property zoned R-4 Multi-Family
Residential District located at Oak Park Village Park (northwest quadrant of
Louisiana Avenue and Walker Street)
64
Mr. Smith presented a staff report.
Chair Velick opened the public hearing.
Florence Flugaur, 3320 Louisiana Ave., stated that her condominium property
adjoins the newly made park. She said that the association is concerned about
drainage. She said currently water can gather near the building as there is a slope
towards the building. Currently the underground garage is free of seepage and
drainage. When the grading is done, the City needs to make sure the building is
protected from drainage.
Ms. Flugaur asked about the quality of the fill as she has heard there may have
been a garbage dump located at the excavation site.
Ms. Jeremiah responded that a substantial amount of environmental review work
has been done on the soils in Park Commons East. It was never a dump area.
Soil borings testing has been done. She commented that the material is very
granular which will allow a lot of drainage. Ms. Jeremiah said the fill is
expected to be entirely clean.
Ms. Flugaur said she understands that there will be dust control and that
arrangements will be made so that residents can continue to have access to the
garage.
Ms. Flugaur said the association would like to have a contact and phone number
provided for concerns.
Ms. Flugaur asked if winter sports would be affected by the stockpiled fill.
Cindy Walsh, Parks and Recreation Director, reported that she and the City
Engineer met with the association board members recently. Ms. Walsh stated that
a snow fence will be placed on the park side along the condominium property so
that trucks will not be on condominium property. She commented that a snow
fence or straw bales will be placed near the slide so the fill won’t be close enough
to interfere with winter uses.
Ms. Walsh said staff is trying to anticipate what may happen in the spring
regarding drainage. She commented that the granular material will absorb a lot of
water. Ms. Walsh said fill may be spread out to the south more so it doesn’t
come out as far to the east which would help with drainage concerns. She said
most of the water ponds on the park side of the trail and they want to make sure
they are not filling right up to the trail line. So to address the drainage issue, they
may adapt the plan a bit by staying away from the east side of the park. Ms.
Walsh said her name and number can be used as a contact.
65
Tony Gozola, 3300 Louisiana Ave., commented that the fill at the Park Commons
site appears to be very flaky to him. He asked why the clean soil from the
Highway 7 project, one and one-half blocks away from Oak Park Village park,
couldn’t be used for fill.
Ms. Jeremiah responded that the Hwy. 7 soil belongs to the Minnesota Dept. of
Transportation for road construction and was not available for the Oak Park
Village park project.
Chair Velick closed the public hearing.
Commissioner Bissonnette asked if it made sense to grade the soil this fall.
Ms. Walsh said the grading portion of the project has not yet been bid out. She
said the development money for grading and seeding is part of the 2002 Capital
Improvement Project. Ms. Walsh said the granular fill will be used as a base and
additional topsoil will be brought in to create proper ball fields.
Chair Velick commented on glass that is in the soil. Ms. Walsh responded that
the site was capped many years ago but there are tires and railroad ties in the
ground that are emerging. That soil will not be disturbed and the fill will be
added and compacted on top of the existing soil.
Chair Velick asked about dust control.
Ms. Walsh said a tanker truck will be on site for hosing down piles of dirt as it is
dumped. She said it is expected the soil will be quite dusty due to existing dry
soil conditions.
Commissioner Gothberg said that during the review of the planning for the park,
one of the concerns regarded installation of items and digging into the existing
soil. He asked if the fill would facilitate some of that activity.
Ms. Walsh said that is one of the main reasons fill is being graded. It will make
the development process much easier for trenching, irrigation lines, light poles,
and trails. She commented that the hill on the southwest corner is the area that
has the most contaminants. Active use is not planned for that area. She said the
outline of the pond will remain intact.
Commissioner Timian asked if fill could be placed along the hillside. Ms. Walsh
responded that they hope to drop some soil there during this process.
Commissioner Morris asked for a definition of the contaminants.
66
Ms. Walsh responded it is solid debris such as railroad ties and tires. She said
she was on site with MPCA staff and they are not seeing signs of black, gritty soil
where creosote or oils are coming to the top.
Commissioner Morris asked how long it will take before debris starts coming to
the top. He asked if the proposed work is a band-aid approach or is it a final
solution.
Ms. Walsh said the proposal is a final solution. She said in addition to the
40,000 cubic yards that will be placed and graded, there will also be a topsoil mix
added to the top. She said in the past the park was filled inconsistently, and this
proposal will provide a consistent cap over the site.
Commissioner Morris asked about debris in the Park Commons soil due to
demolition. He asked if it will be inspected on site as dumped. He referenced
Wolfe Park soil problems.
Ms. Walsh said numerous soil borings have been done on site. She said there
may be some concrete that will be picked out during grading, but she said there
have been no other traces of debris in the soil. She added the demolition contract
included removal of demolition debris.
Commissioner Morris inquired if TOLD was entering into an agreement with the
City regarding potential soil problems.
Ms. Walsh responded that there is not an agreement and staff will be examining
the fill as it is dumped.
Commissioner Morris commented on the cost savings to TOLD and asked if the
cost benefit was reflected in TOLD’s cost estimates for the project.
Ms. Jeremiah said there are benefits to both parties in the arrangement as good
quality fill is needed for the park and the City could have had to conceivably pay
for the fill and the hauling. She added that there was always an assumption that
TOLD would be able to give the soil away.
Commissioner Morris suggested that enforcement beyond signage be provided
regarding construction hours. He suggested that a contact name and number and a
hotline number be provided to residents.
Ms. Walsh said that staff is confident that the hauling contractor will be
responsive to City policy, since the City is paying the contractor.
In response to Commissioner Timian’s question about the depth of the topsoil
layer, Ms. Walsh said that figure wasn’t available at this time. She said it can be
provided when plans and specifications are completed.
67
Ms. Jeremiah said it is very likely the park project will need a conditional use
permit in the future for the placement of black dirt.
Ms. Walsh said she can return and go through the master plan process with the
Planning Commission in the future.
Chair Velick moved approval of the request and recommended that the City
Council adopt a resolution approving the request of the City for a conditional use
permit to place 40,000 cubic yards of fill at Oak Park subject to conditions with
additional request that a contact name and number be provided to residents. The
motion passed on a vote of 6-0 with Commissioners Bissonnette, Gothberg,
Morris, Robertson, Timian and Velick voting in favor.
4. Unfinished Business
5. New Business:
A. Consent Agenda
B. Other New Business
i. Case No. 01-08-VAC – Proposed ordinance to vacate an old utility
easement in Park Commons East
Ms. Jeremiah presented a staff report.
Commissioner Morris said it appeared that there was no petitioner for the
easement and the Planning Commission is initiating the petition for the
vacation.
Ms. Jeremiah said that the City still owns the property so the City
Manager as Executive Director of the EDA is petitioning in this case.
Commissioner Morris moved approval of the ordinance and the motion
passed on a vote of 6-0 with Commissioners Bissonnette, Gothberg,
Morris, Robertson, Timian and Velick voting in favor.
6. Communications
A. Recent City Council Action – August 20, September 4
B. Other
i. Reminder – September 11 Joint Planning Commission Mtg. – Richfield
7. Miscellaneous
68
Commissioner Morris discussed conflicts regarding recent PUD amendments. He stated
that he was concerned with the finger-pointing that took place during the Costco/Home
Depot and CSM/Rottlund approval process. He asked if staff and commissioners
shared his impression that a PUD is one entity and if one party isn’t performing,
amendments to other parties won’t necessarily be approved. Commissioner Morris
expressed concern about various parties and the future phases of the large Park Commons
PUD. He asked if the zoning ordinance or development agreements need to be clarified
to prevent future misunderstandings. Commissioner Morris inquired if the Planning
Commission needs to discuss these matters, if staff needs to make changes to the
ordinance, or if developers need to be educated about the PUD responsibilities.
Chair Velick said that she also has questions about PUDs and the responsibilities of the
various tenants. She asked about enforcement responsibilities.
Ms. Jeremiah responded that this has been a serious concern to staff and that numerous
conversations have been held with the City Attorney. She said enforcement is getting
tougher with fines but there are still some problems with existing projects. She said staff
has learned and continues to improve in this process. Ms. Jeremiah remarked that the
Park Commons project won’t have numerous owners as TOLD owns the project overall.
She went on to say that projects with multiple property owners have become complicated
and she will continue discussions with the City Attorney regarding anything that can be
done by ordinance to make the amendment and enforcement process easier. Ms.
Jeremiah stated that Commissioner Morris’ comments were well taken and that it is a
serious concern to staff and has resulted in an exorbitant amount of staff time.
Commissioner Morris asked if staff would develop a paper on the subject for presentation
or if staff would continue exploring problems. He said he would like the Planning
Commission to get a grasp of what it should be doing when PUD applications come
before them. He commented that in the case of the Honeywell site perhaps there should
have been covenants on each property restricting and mandating cooperation in terms of
traffic circulation, deliveries, and hours of operation.
Ms. Jeremiah said staff had not anticipated developing a paper but could certainly report
back to the Planning Commission after further exploration with the City Attorney. She
said that the City Attorney is very comfortable with the idea that the City has the right to
enforce the PUD as a whole. Ms. Jeremiah said she doesn’t know how to lessen finger-
pointing between property owners. But if there is something that can be done to tighten
up language that would require greater cooperation, she would be in favor of it and she
will talk further with the attorney about that.
Chair Velick discussed the concern of a resident at the Lou Park apartments, 1351
Hampshire. He appeared before the Planning Commission in April, 2000, to discuss
polluted soil, which was excavated by a developer behind his apartment complex. The
soil has been covered by tarp since that time. Chair Velick reported that she recently
visited the site and observed many weeds, insects and ponding of water on the tarp. The
69
resident has asked if anything can be done about these conditions which have continued
since November, 1999.
Ms. Jeremiah said that she did contact City staff about the site. She said the status from
the permit and approval perspective is that the MPCA has signed off on the site that all
clean up has been done and construction can proceed. Ms. Jeremiah said that the owner
needs to rebid the construction. She said generally if construction isn’t started within one
year of receiving a conditional use permit, an extension will need to be considered. Ms.
Jeremiah stated that the owner did put out bids on the project about six weeks ago. She
said that she would follow-up with City staff about enforcement regarding the condition
of the site.
Ms. Jeremiah reported that the Assistant Zoning Administrator, Scott Moore, has
resigned effective August 30. Zoning inquiries can be directed to Ms. Jeremiah and Mr.
Smith. She expects that a new person will be on staff in late October.
There was a discussion about the Louisiana Courts construction. Ms. Jeremiah said she
would discuss the project with staff and provide follow-up to the Planning Commission
about the construction timeline.
8. Adjournment
Chair Velick adjourned the meeting at 6:55 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
70
Item #9c.
September 28, 2001
VENDOR NAME DESCRIPTION AMOUNT
A R M A SUBSCRIPTIONS/MEMBERSHIPS 165.00
AIM ELECTRONICS EQUIPMENT MTCE SERVICE 294.63
AIRTOUCH CELLULAR TELEPHONE 150.48
ALEX, HEATHER M TRAINING/CONFERENCES/SCHOOLS 119.85
ALL STAR SPORTS INC GENERAL SUPPLIES 125.50
ANCHOR PAPER CO GENERAL SUPPLIES 406.99
ANDERSEN INC, EARL F OTHER CONTRACTUAL SERVICES 819.39
ANOKA-HENNEPIN TECHNICAL COLLE TRAINING/CONFERENCES/SCHOOLS 3,000.00
APACHE GROUP OF MINNESOTA CLEANING/WASTE REMOVAL SUPPLY 2,007.95
ARAMARK UNIFORM CORPORATE
ACCT
GENERAL SUPPLIES 331.15
ARMADILLO TRUCKVAULT INC. MACHINERY & AUTO EQUIPMENT (150.00)
ASAP TOWING & EQUIP REMOVAL CLEANING/WASTE REMOVAL SERVICE 135.00
AWWA GENERAL SUPPLIES 129.00
BATTERIES PLUS GENERAL SUPPLIES (48.50)
BATTERY ZONE RADIO COMMUNICATIONS 466.00
BECKER ARENA PRODUCTS BUILDING MTCE SERVICE 532.50
BERGERSON CASWELL NON-CAPITAL EQUIPMENT 1,845.00
BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 4,930.25
BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 211.93
BROADWAY RENTAL RENTAL EQUIPMENT (1.66)
CAHNERS BUSINESS INFORMATION OTHER CONTRACTUAL SERVICES 118.99
CAMPBELL KNUTSON PROFESSIONAL LEGAL SERVICES 274.75
CDW GOVERNMENT INC. NON-CAPITAL EQUIPMENT 2,211.85
CENTER FOR ENERGY & ENVIRONMEN OTHER CONTRACTUAL SERVICES 4,282.04
COLLISYS ELECTRIC CO PROFESSIONAL SERVICES 3,217.47
COMMUNITY REINVESTMENT FUND OTHER CONTRACTUAL SERVICES 15.00
CONCEPT SEATING INC GENERAL SUPPLIES (180.00)
CONSECO FINANCE VENDOR SERV CO OTHER CONTRACTUAL SERVICES 1,544.26
CONTECH GENERAL SUPPLIES 173.06
COULTER, MARY PROGRAMMING 55.80
CROWN TROPHY GENERAL SUPPLIES 238.56
DALCO CLEANING/WASTE REMOVAL SUPPLY 2,053.20
DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 123.54
DOUBLETREE PARK PLACE HOTEL MEETING EXPENSE 410.72
ED M. FELD EQUIPMENT CO. NON-CAPITAL EQUIPMENT 2,335.00
ELECTRIC PUMP WALDOR GROUP EQUIPMENT PARTS 208.21
EMPLOYMENT NEWS OTHER ADVERTISING 346.00
ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 9,161.41
ENTERTAINMENT PUBLICATIONS MEETING EXPENSE 765.00
FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67)
FEDERAL EXPRESS CORP PROFESSIONAL SERVICES 1,852.31
GARELICK STEEL CO GENERAL SUPPLIES (2.57)
GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83)
GOLDEN OPENINGS INC. OTHER CONTRACTUAL SERVICES 325.00
GREAT LAKES WEATHER SERVICE OTHER CONTRACTUAL SERVICES 581.75
HAMILTON, MAXINE CERTIFICATE OF COMPLIANCE 25.00
HANSON, JEFFERSON CERTIFICATE OF COMPLIANCE 25.00
71
HASSELMAN, CHRIS CERTIFICATE OF COMPLIANCE 25.00
HAWKINS WATER TREATMENT GROUP GENERAL SUPPLIES 4,221.83
HEIMAN FIRE EQUIPMENT INC. GENERAL SUPPLIES 1,099.88
HOME HARDWARE GENERAL SUPPLIES 21.28
HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 277.49
ICI DULUX PAINT CENTERS GENERAL SUPPLIES 375.08
J & F REDDY RENTS GENERAL SUPPLIES 10.65
J H LARSON COMPANY GENERAL SUPPLIES 1,095.22
J-CRAFT INC. EQUIPMENT PARTS 59.20
JOSCHKO, RAYMOND CERTIFICATE OF COMPLIANCE 25.00
KEVITT EXCAVATING INC OTHER IMPROVEMENTS 69,238.62
LACAL EQUIPMENT INC EQUIPMENT PARTS (235.63)
LAUMANN, CECILIA CERTIFICATE OF COMPLIANCE 25.00
LEAGUE MN CITIES INS TRUST PUBLIC LIABILITY INSURANCE 196.00
M A H C O TRAINING/CONFERENCES/SCHOOLS 225.00
MACQUEEN EQUIP CO EQUIPMENT PARTS 353.42
MASTERCRAFT CONST CORP ADULT SOFTBALL 60.00
MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,929.90
MATTHEW'S LAWN SERVICE OTHER CONTRACTUAL SERVICES 1,437.75
METROCALL TELEPHONE 7.23
MIDWEST ASPHALT CORP OTHER IMPROVEMENT SUPPLIES 1,611.78
MILLER HANSON WESTERBECK BERGE OTHER CONTRACTUAL SERVICES 800.00
MILLER, CAROL GENERAL SUPPLIES 36.52
MINNESOTA STATE FIRE CHIEFS AS OTHER ADVERTISING 85.00
MINUTEMAN PRESS PRINTING & PUBLISHING 535.08
MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00)
MORTENSON, AL & HARRIET CERTIFICATE OF COMPLIANCE 25.00
MVTL LABORATORIES INC PROFESSIONAL SERVICES 431.00
NAPA GENUINE PARTS CO/FINANCE LUBRICANTS/ADDITIVES 138.46
NASSIF, BRIDGET SKATING LESSONS-tax exempt 55.80
NATL RECREATION & PARKS ASSOC TRAINING/CONFERENCES/SCHOOLS 290.00
NEENAH FOUNDREY OTHER IMPROVEMENT SERVICE 12,311.40
NSP CO ELECTRIC SERVICE 61,772.13
OFFICE DEPOT OFFICE SUPPLIES 199.36
ON SITE SANITATION OTHER CONTRACTUAL SERVICES 50.65
OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00)
PALMS BAKERY MEETING EXPENSE 11.90
PARK NICOLLET CLINIC HSM PROFESSIONAL SERVICES 490.85
PEEK, TROY TRAINING/CONFERENCES/SCHOOLS 175.15
PEPSI-COLA COMPANY CONCESSION SUPPLIES (15.89)
PRINTERS SERVICE EQUIPMENT MTCE SERVICE 140.30
PRO PRODUCTS INC GENERAL SUPPLIES (92.32)
PROGRESSIVE CONTRACTORS INC OTHER IMPROVEMENT SERVICE 8,839.30
QUALITY REFRIGERATION EQUIPMENT MTCE SERVICE 464.05
RAMNARINE, BARSHAW CERTIFICATE OF COMPLIANCE 25.00
RAMRUP, VIDYA REC CENTER RENTAL-TAXABLE 35.00
RC INDENTIFICATIONS GENERAL SUPPLIES 5.33
RELIABLE HIGH PERFORMANCE PROD OFFICE SUPPLIES 129.91
RELIANT ENERGY HEATING GAS 120.34
RESCUE ONE EQUIPMENT PARTS 308.46
RIGID HITCH INCORPORATED EQUIPMENT PARTS (55.35)
RIVERS, MARY CERTIFICATE OF COMPLIANCE 25.00
72
SAM'S CLUB CONCESSION SUPPLIES 2,276.19
SCHARBER & SONS INC EQUIPMENT PARTS (3.51)
SCHWAAB INC GENERAL SUPPLIES 62.85
SECURITYLINK FROM AMERITECH OTHER CONTRACTUAL SERVICES 36.10
SEDGWICK CMS PROF/CONSULT SERVICES 590.50
SIGN ART CO INC PROFESSIONAL SERVICES 400.00
SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00
STAT MEDICAL GENERAL SUPPLIES 65.54
STATE CHEMICAL MFG CO LANDSCAPING MATERIALS 161.11
STEGER, DON & WENDY CERTIFICATE OF COMPLIANCE 25.00
STRAND MFG COMPANY EQUIPMENT MTCE SERVICE 222.00
STREICHER'S EQUIPMENT MTCE SERVICE 1,569.15
SWEENEY BROS TRACTOR EQUIPMENT PARTS (138.42)
TARGET/DAYTONS GENERAL SUPPLIES 56.95
TIME WARNER CABLE TELEPHONE 147.41
TWIN CITY OXYGEN CO GENERAL SUPPLIES 4.96
U S WEST COMMUNICATIONS TELEPHONE 954.77
UNITED STATES POSTAL SERVICE POSTAGE 125.00
UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 585.00
VALLEY-RICH CO INC OTHER IMPROVEMENT SERVICE 13,693.76
WATSON CO INC CONCESSION SUPPLIES 294.70
WELLS FARGO REMITTANCE CTR GENERAL SUPPLIES 343.31
WM H MC COY PETROLEUM FUELS MOTOR FUELS 19.17
ZIP SORT POSTAGE 137.25
236,481.23