HomeMy WebLinkAbout1998/07/20 - ADMIN - Agenda Packets - City Council - Regular 1
7:15 p.m. - Economic Development Authority
AGENDA - CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
July 20, 1998
7:30 p.m.
1. Call to order
2. Presentation
3. Roll Call
4. Approval of Minutes
a. City Council meeting of July 6, 1998
Action: Corrections/amendments to minutes - Minutes approved as presented
b. City Council Executive Session of July 6, 1998
Action: Corrections/amendments to minutes - Minutes approved as presented
5. Approval of agenda
a. Consent agenda
Note: All matters on consent (starred items) are considered to be routine and will be enacted by
one motion approving all. There is no separate discussion of these items. If discussion is
desired, the starred item will be moved to the regular agenda.
Action: Motion to approve - Motion to delete item(s)
b. Agenda
Action: Motion to approve - Motion to add item(s)
*c. Resolutions and Ordinances
Action: By consent, waive reading of resolutions and ordinances
6. Public Hearing
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6a. Public hearing and 1st reading of an ordinance to amend City Charter
Chapter 11.03 (Vacation of Streets) and certain Appendices
St. Louis Park Charter Commission has recommended Charter amendments to
Chapter 11 and certain Appendices for City Council enactment by ordinance.
Recommended
Action:
Conduct public hearing and following the hearing, motion to
waive first reading of the ordinance to amend Charter Section
11.03 and Appendices and set second reading for August 3, 1998
6b Comprehensive Plan Amendment to Trail Designation
Case No. 98-12-CP
The Council initiated a Comprehensive Plan amendment to move a trail designation
from a portion of the former Hutchinson Spur railroad property near Aquila Avenue
and 31st Street onto adjacent public property to the east.
Recommended
Action:
Mayor to close public hearing. Motion to adopt a resolution
amending the Comprehensive Plan to move approximately 1200
feet of trail designation onto Aquila Park property, 31st Street
right-of way, and a portion of Aquila School property.
6c. Vacation of storm sewer easement at 7244 Cedar Lake Road
Case No. 98-17-VAC
Michael And Mary DuPont have petitioned to vacate a storm sewer easement at
7244 Cedar Lake Road.
Recommended
Action:
Mayor to close public hearing. Motion to waive First Reading of
the proposed ordinance vacating that particular storm sewer
easement created in Document No. 3289309 (effective upon
approval and execution of a new storm sewer and sump easement
document and installation of the new storm sewer) and set
second reading for August 3, 1998.
6d. Excelsior Townhomes Conditional Use Permit
Excelsior Townhomes Preliminary Plat with Variances
Case No. 98-20-CUP and 98-19-S
Edina Development Corporation is requesting a Conditional Use Permit for Cluster
Housing and Preliminary Plat with Variances to the Subdivision Ordinance to allow
construction of 38 townhomes on individual building lots plus a private street
system and open space on one common lot in the R-4 Zoning District at 7100-7102
Excelsior Boulevard
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Recommended
Action:
Close the public hearing. Motion to adopt a resolution approving
the Conditional Use Permit for cluster housing subject to the
conditions in the resolution.
Motion to adopt a resolution approving the Preliminary Plat with
Variances subject to the conditions included in the resolution.
7. Petitions, Requests, Communications
8. Resolutions and Ordinances
*8a. Amendment to special permit at 8332 Highway 7 (Knollwood Mall)
Case No. 98-16-CUP
General Growth Properties is requesting a major amendment to the special permit
for Knollwood Mall to allow Cub Foods to occupy the space formerly occupied by
Montgomery Wards and to reconfigure the parking lot and loading area.
Recommended
Action:
Continue until August 3, 1998.
*8b. Electronic Proprietary Database (EPDB) License Agreement with Hennepin
County
The City is requesting, through Council resolution, to enter into a license agreement
with Hennepin County for the purpose of using the portion of the County’s
digitized database that enables production of maps using the City’s Geographical
Information System (GIS).
Recommended
Action:
Motion to adopt the resolution entering into conditional use
license agreement with Hennepin County for use of Electronic
Proprietary Database
8c. Second Reading
Case No. 98-15-ZA
Zoning Code Text Amendment
Text amendment to the Zoning Ordinance to require screening of recreational
vehicles parked in the side and rear yards on lots in residential zoning districts.
Recommended
Action:
Motion to waive second reading of Zoning Ordinance
amendments, approve ordinance, approve summary publication,
and authorize publication.
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8d. Zoning Ordinance amendment to “I-G” General Industrial District.
Case 98-13-ZA
Lund Real Properties is requesting a Zoning Ordinance amendment to allow
offices over 50% of the gross floor area to be Permitted with Conditions in the
“I-G” General Industrial District.
Recommended
Action:
Motion to approve Second Reading of the proposed Zoning
Ordinance amendment, approve Ordinance Summary, and
authorize publication.
*8e. City Engineer’s Report: Alley Paving - 3700 Block of France Avenue to
Glenhurst Avenue - Project No. 94-23.
This report considers paving the alley in the 3700 Block of France Avenue to
Glenhurst Avenue in response to a petition by property owners.
Recommended
Action:
Motion to accept the attached resolution accepting this report,
establishing improvement Project No. 94-23, directing staff to
sponsor an informational meeting with abutting property owners
and setting a Public Hearing and Assessment Hearing date of
August 17, 1998.
8f. Resolution Authorizing the Issuance and Sale by the City of Its Nursing Home
Revenue Bonds, Series 1998 (for the Shalom Home West, Inc. Project),
Authorizing Execution of an Indenture of Trust, a Loan Agreement, a
Purchase Contract and Related Documents, All Relating to Said Bonds, and
Authorizing Other Action to be Taken with Respect to the Issuance, Sale and
Delivery of Said Bonds
The resolution would give final approval to the sale of the revenue bonds and
refunding revenue bonds for the Sholom Home West Project, Inc.
The actual sale will occur during the day on July 20th. Because of this the
resolution attached is only a draft. A final and complete resolution will be
distributed at the Council meeting.
Recommended
Action:
Motion to approve the resolution.
*8g. Resolution Authorizing Execution of Sub-Grant Agreement with FEMA
Resolution authorizing the City Manager or the Fire Chief to enter into a sub-grant
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agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled “Infrastructure Program for
FEMA 1225 DR Minnesota”
Recommended
Action:
Motion to adopt the resolution.
8h. Health System Minnesota (Methodist Hospital) Request for Private Use of
Public Land.
This report considers a request by Health System Minnesota (HSM) to use Public
Property at the Methodist Hospital lift station site for parking purposes.
Recommended
Action:
Motion to adopt the attached resolution approving the request by
HSM to use public property for parking purposes and authorizing
execution of a Lease Agreement for said property.
9. Reports from Officers, Boards, Committees
*a. Housing Authority Minutes of June 10, 1998
Action: By consent, accept report for filing
*b. NRC Minutes of June 10, 1998
Action: By consent, accept report for filing
*c. Planning Commission Minutes of June 17, 1998
Action: By consent, accept report for filing
*d. Vendor Claim Report
Action: By consent, accept report for filing
*e. Human Rights Commission Minutes of June 10, 1998
Action: By consent, accept report for filing
10. Unfinished Business
a. Board and Commission Appointment(s)
Action: Motion to appoint Board and Commission Member(s)
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11. New Business
*11a. Bid Tabulation: City Hall Air Conditioning Condensing Unit Replacement
City Project No. MB-97-05
This report considers the award of bid for the City Hall air conditioning condensing
unit replacement.
Recommended
Action:
Motion to designate Albers Mechanical the lowest responsible
bidder and authorize execution of a contract with the firm in the
amount of $25,250.00.
*11b. Bid Tabulation: Louisiana Court Sidewalk and Street Lighting Improvements
- Project No. 98-06
This report considers the award of Bid for the Construction of Sidewalk and Street
Lighting Improvements on Louisiana Court
Recommended
Action:
Motion to designate Thomas & Sons Construction, Inc. the
lowest responsible bidder and authorize execution of a Contract
with the firm in the amount of $85,144.00.
12. Miscellaneous
13. Claims, Appropriations, Contract Payments
a. Contract payments - None
14. Communications
15. Adjournment
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Item #4a
OFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
July 6, 1998
1. Call to Order
Mayor Dorfman called the meeting to order at 7:30 p.m.
2. Presentations
2a. Parktacular Recognition - Mayor Gail Dorfman briefly commented on the success of
all the Parktacular activities and presented a Certificate of Appreciation to the following
persons for their dedicated service. Parktacular Board Members: Chuck Ostrom, Betty
Danielson, Bob Ramsey, Jim Lanenberg, Pat Markgraf, Phyllis McQuaid, Dave Payne, Jim
Rhodes; Committee Chairs: Yvonne Thomas, Louise Kurzeka, Louis Ryg, Julie Haberman,
Chuck Pfannenstein, Marti Biegler and Park and Recreation Staff, Bridget Wynn
2b. 1998-99 St. Louis Park Royalty were present and made introductions
3. Roll Call
The following Councilmembers were present: Chris Nelson, Sue Sanger, Ron Latz, Robert
Young, Jim Brimeyer, and Mayor Gail Dorfman.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Director of
Community Development (Mr. Harmening); Police Chief (Mr. Luse), Director of Finance
(Ms. McBride); Planning Coordinator (Ms. Erickson) and City Clerk (Ms. Larsen).
Mayor Gail Dorfman announced the recent sudden death of Ernie Peterson, Director of
Inspections and noted that a date for memorial services was yet to be determined.
4. Approval of Minutes
4a. City Council meeting of June 15, 1998 - Minutes were approved as presented.
4b. City Council study session meeting of June 8, 1998 - Minutes were approved as
presented.
4c. City Council study session meeting of June 22, 1998 - With the exception of the
following addition, add Sue Sanger to Roll Call, the minutes were approved as
presented.
4d. Joint City Council/School Board meeting of June 24, 1998 - Minutes were approved
as presented.
4e. City Council special meeting of June 29, 1998 - Minutes were approved as presented.
5. Approval of Agendas
a. Consent Agenda
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It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer to
approve the consent agenda. The motion passed 6-0.
b. Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Sanger to approve
the agenda. The motion passed 6-0.
c. Resolutions and Ordinances
By consent, Council waived reading of resolutions and ordinances.
6. Public Hearing
6a. Public Hearing on the Resolution Giving Preliminary Approval to a Project and Its
Financing Under the Municipal Industrial Development Act; Referring the
Proposal to the Minnesota Department of Trade and Economic Development for
Approval; Authorizing the Execution and Delivery of an Agreement as to
Indemnity and Payment of Expenses; and Authorizing Preparation of Necessary
Documents
Resolution # 98-89
Bruce Kohn, CEO of Sholom Community Alliance was present and thanked the Council for their
consideration.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
It was moved by Councilmember Latz, seconded by Councilmember Brimeyer to approve the
resolution. The motion passed 6-0.
6b. Zoning Ordinance amendment to “I-G” General Industrial District.
Case 98-13-ZA
Ms. Jeremiah, Planning Manager indicated that Staff and the Planning Commission
recommended that offices occupying over 50% of the gross floor area be Permitted with
Conditions (rather than by Conditional Use Permit) in “I-G” General Industrial District subject to
the conditions listed in the staff report.
Ron Lund, owner of Lund Real Properties, 6520 Nordic Drive, Edina was present and thanked
the Planning Commission and Council for their consideration.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Sanger asked staff why the entire ordinance was being amended rather than
completing a CUP for this specific property.
Ms. Jeremiah stated that the proposal under current ordinance would require both a CUP and a
variance to the intensity limitation, thus the proposal would change the code so that a variance
would not be required or nor would require a CUP along as certain additional conditions were
met that were currently not spoken to in the code, with the assurance that they are meeting the
parking requirement for an office use. It also retains other conditions that are currently in the
code that traffic not be on local residential streets and architectural codes be met.
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Councilmember Sanger asked if the architectural codes apply to the entire building or just the
portion that are offices.
Ms. Jeremiah stated that the architectural codes would apply to the entire building.
Councilmember Nelson asked how this change compared to the change that was introduced on a
temporary basis in 1994 to allow this similar use in the same building.
Ms. Jeremiah stated that there was a proposal for churches or other religious institutions in
industrial districts that was considered in the past and this property was never used for that
purpose, but subsequent to that, the school of communication arts came in and operated
consistent with code requirements.
Mr. Meyer clarified that the request was to allow religious institutions as a permitted use in an “I-
G” District that was approved and at a later point in time the Council removed that permitted use
from the “I-G” District.
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to waive First
Reading of the proposed ordinance amendment and set second reading for July 20, 1998.
Councilmember Brimeyer asked if there was a reason not to change the ordinance.
Ms. Jeremiah stated that the strongest argument not to change the ordinance would be to preserve
industrial districts for pure industrial uses.
The motion passed 6-0.
6c. First Reading
Case No. 98-15-ZA
Zoning Code Text Amendment
Ms. Erickson, Planning Coordinator presented a staff report and explained the two conditions
which required screening that had been recommended by Planning Commission.
Mayor Dorfman asked if the Planning Commission reviewed the practical enforcement issue.
Ms. Erickson stated that the Planning Commission did not focus on enforcement, but rather what
they felt would be neighborhood complaints.
Mr. Harmening indicated that the while the provision that dictates the type of screening required
was easier to understand, it would be more difficult to practically enforce. He suggested that the
Council consider the ordinance as the Council had originally looked at it before being sent to the
Planning Commission.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Nelson stated that his original concern was to require screening if a property
abutted a park and was pleased with this addition to ordinance, and didn’t believe screening was
required if property was abutting residentially zoned but undeveloed property.
Councilmember Sanger didn’t believe there was an enforcement problem if the amendments
remained as Planning Commission had drafted it.
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Councilmember Young supported the Planning Commission expanding the screening provisions
to include screening from adjacent parks and abutting residential properties.
It was moved by Councilmember Sanger, seconded by Councilmember Young, to waive first
reading of Zoning Ordinance amendments, approve ordinance, and set second reading for July
20, 1998. The motion passed 6-0.
6d. Amendment to special permit at 8332 Highway 7 (Knollwood Mall)
Case Number 98-16-CUP
Ms. Jeremiah, Planning Manager presented a staff report and stated that staff and Planning
Commission recommended approving the amended special use permit subject to the conditions
outlined in the staff report.
Bill Mauston, General Growth Properties was present and thanked staff and Council for their
consideration.
Bob Shattuck of Jerry’s Foods and SuperValue Representatives who would be the operations of
the new site were present and stated that exterior remodeling would begin soon and possibly
open February, 1999.
Christopher Erickson, 3533 Virginia Avenue South, was concerned about the store being open 24
hours per day, additional noise, proposed screening, traffic off of 36th Street, pedestrian use of
residential roads, security, police protection, and recommended a screen wall be built on the
north side of 36th Street.
Mayor Dorfman asked what the resolution said in terms of regulating the loading dock trash
compactor noise in the middle of the night and pedestrian traffic.
Ms. Jeremiah stated that the resolution didn’t speak specifically to this, but a noise ordinance in
city code was applicable to this use. She indicated that the inspections department regulated and
administered this code. She stated that the traffic study did not examine the pedestrian access.
She stated that it was a possibility to add another retaining wall, but this had not been considered.
Craig Mevisson of SuperValue stated that the building loading dock was lower than the profile of
the area relative to the adjacent grade. He addressed the noise issue, direct store deliveries,
perishable dock on north side with early morning hour deliveries, main grocery receiving docks,
trash compactor on the north side with ram inside building to minimize noise, and construction
had camera on exterior parking lot and was monitored to minimize security issues.
Bill Mauston, clarified that changes had been made to accommodate loading, trucks would be
turned off while unloading, and security meets requirements necessary to provide the security for
a 24 hour store.
John Luse, Police Chief stated that when Byerly’s opened its 24 hours store security was not an
issue, however traffic congestion was more of a problem and had to be considered. He indicated
that there were no considerable changes in crime patterns.
Councilmember Brimeyer asked if the proposed wall would cover the current lighting in the lot
and was it going to be upgrading.
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Bill Mauston stated that the parking lot lights would be upgraded, but met requirements and did
not negatively impact the residential area.
Alan Averto, 3536 _______ Avenue, was concerned with the type of wall being proposed and
asked if the wall would help prevent noise to the neighborhood. He raised some issues with
landscaping and drainage and asked if survey of neighborhood would be conducted after the
opening of the supermarket to see how the neighborhood had been impacted.
Ms. Jeremiah stated that the wall would help shield some noise, but not be engineered for
acoustics. She reviewed plans for increased landscaping.
Mayor Dorfman stated that the City would like to hear from residents who had concerns that
were not addressed or foreseen at the time of approval.
Mr. Meyer stated that the City’s Inspection Department would be responsible for monitoring the
operations.
Orville Jenson, 3537 Wyoming, was concerned about length of screen wall and asked where
placement was in conjunction with present access from mall to 36th street. He suggested
extending wall to consider further screening because of other disruption from other businesses at
Knollwood.
Kaye Hayes, 3544 Utah Avenue South, was concerned that the screening wall would have little
or no effect for her because her house was located on an incline.
Ms. Jeremiah indicated that evergreen landscaping being planted would take some years to tower
over retaining wall and provide additional view and sound protection.
Jeff Gunderson, 3532 Virginia Avenue South, was concerned about the landscaping, store being
open 24 hours, and inadequacy of the corner of Texas Avenue and 36th Avenue to accommodate
traffic.
Ms. Jeremiah reviewed traffic study results of p.m. peak and noted there would be access for
west bound traffic on Highway 7 to enter CUB foods.
Marcia McDermaid, 3545 Wyoming Avenue South, was in support of the addition of a grocery
store in the area, but was concerned about the increased traffic and noise in the area and
wondered what the impact of this new additional would be. She suggested further study on the
impact of the noise and use of screening.
Kim Jacobson, 3533 Virginia Avenue South, was opposed to the addition of a 24 hour store. She
was concerned with increased pedestrian traffic, issue of noise and sound wall.
Gay Swenson, 8814 Stanlen Road, was in support of the addition of Cub Foods, but sympathetic
of residents in the area.
Mayor Dorfman asked if there were any Cub Food stores in the metro area that weren’t 24 hour
operations.
Bob Shattuck stated that they were all 24 hour operation and indicated they were sensitive to
neighborhood issues. He provided some information about the development of Cub Foods at
60th and Nicollet site, and stated with controlling the hours of truck deliveries, that no complaints
had been received to date.
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Donna Vassar, 3544 Virginia Avenue, was concerned about that Cub would bring more traffic
than Montgomery Ward did and did not like change of loading dock to north side.
Mr. Shattuck indicated that the loading dock issue was examined and safety was the major factor
for relocating receiving docks to north side.
Councilmember Sanger asked Mr. Shattuck if all the truck would be entering and existing off
36th Street.
Mr. Shattuck stated that this was the case, approximately 6 large trailers and 12-24 small delivery
trucks or vans per day.
Mayor Dorfman asked staff if pedestrian bike issues could be addressed.
Ms. Jeremiah reviewed the present amount of sidewalks, and suggested extending a sidewalk
along the area near to the screening wall and transit stop.
John Wilson, 3544 Utah Avenue South, was concerned about the increased traffic.
Ms. Jeremiah indicated that the traffic study compared the existing Wards store to the proposed
new grocery store. The p.m. peak time generated 30 direct trips to and from the store, where the
grocery store would generate 170 direct trips. A 5 fold increase.
Mayor Dorfman recommended that the timing of the lights at Texas and 36th be modified to
accommodate pedestrian traffic.
Bill Mauston stated that they were willing to work together in solving pedestrian traffic issues.
Donna Vassar, 3544 Virginia Avenue, recommended that a retaining wall spanning the length
from Texas to Aquila down 36th be considered to reduce noise. She didn’t want the value of the
properties decrease and desired to see the neighborhood survive.
Mayor Dorfman closed the public hearing with right of the Council to reopen it at a future date.
Councilmember Latz questioned the accuracy of the traffic study and asked if the proposed
alterations in the intersections were based upon the total volume anticipated or based upon the
total trips to be added.
Ms. Jeremiah stated that the study examined the total trips that would be projected from the
supermarket being open in the future and some background growth. She indicated that the Public
Works department did speak directly with Benshoof during the preparation of this study and did
have some questions, but this was reviewed with traffic engineers before it was finalized and
would require review by MN Department of transportation before approved.
Councilmember asked if traffic study results were determined by visual conclusions rather than
computer analysis.
Ms. Jeremiah stated that it was her understanding that they went out and made counts, considered
background traffic, and the type of traffic of other standard supermarkets.
Councilmember Latz, asked if traffic using right turn off Highway 7 into site was calculated in
study.
Ms. Jeremiah stated that the study didn’t strongly favor factoring this into study in order to
consider worse case scenario if all turned right off Highway 7 on to Texas Avenue at signal.
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Councilmember Latz was concerned about traffic congestion and safety of the right turn access
off of Highway 7 to the supermarket, that the screening wall was not adequate and needed to
consider other ways to absorb noise from Knollwood Mall, lack of limitation on hours of truck
deliveries. He recommended that staff further consider these issues and provide a response to
Council.
Mayor Dorfman asked Mr. Shattuck what impact a delay would have on project.
Mr. Shattuck indicated that the time was critical for project, but believed a two week delay would
not interfere with current construction schedule.
It was moved by Councilmember Latz to continue discussions of issues raised.
Ms. Jeremiah indicated that staff could examine pedestrian access issues, noise concerns,
primarily through additional screening or perhaps limitation on hours of loading, and addition of
retaining wall on north side of 36th Street.
Councilmember Latz withdrew the motion to continue discussions.
Councilmember Sanger asked what the applicable architectural standards were for the store and
if proposal was in compliance. She asked staff to make suggestions on how congestion with left
turns off of 36th Street could be minimized, and pedestrian and bicycle access to the site from
adjoining neighborhoods exist. Also recommended that pedestrian and bicycle safety within the
parking lot area to assure safe transit.
Ms. Jeremiah indicated that the proposal was in compliance with City code for architectural
standards, but further design changes, i.e. painting brick a new color, may need to be examined.
She stated that traffic study did look in detail at all movements and impacts on number of
vehicles, and conflicts would not be great enough to warrant additional traffic lights and since
this was an overall general renovation of the store, new standards have not affected the
renovation and staff did see that they would have to meet special requirements.
Councilmember Sanger asked if such requirements could be written in as part of the special
permit.
Ms. Jeremiah stated that this was a possibility.
Councilmember Brimeyer raised the issue of what the special permit ought to be. He explained
that the final result should be a successful retail operation which was as compatible with the
neighborhood as possible, recognizing that 100% compatibility was not possible. He believed
the plan was deficient in that it was not bicycle or pedestrian friendly. Therefore, the
compatibility with the neighborhood had diminished and may also mean noise absorbing walls
are a part of this project.
It was moved Councilmember Latz, seconded by Councilmember Brimeyer to table issue until
next City Council Meeting on July 20, 1998. The motion passed 6-0.
7. Petitions, Requests, Communications
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7a. Presentation on Wolfe Park Improvements by Community Development Staff
Bruce Cornwall, St. Louis Park architect made a brief presentation on all of the proposed
improvements to be made to Wolfe Park, and gave a status report on these improvements.
8. Resolutions and Ordinances
8a. Approval of a 1998 Labor Agreement between the City of St. Louis Park and Law
enforcement Labor Services (LELS) Local #218 covering Police Sergeants.
Resolution # 98-90
Mr. Meyer, City Manager indicated that the most significant features were that this contract
didn’t include the position of Lieutenant and Captain, and approval was late due in part to the
turnover of Personnel Director, Wally Wysopal and the retirement of the Union Steward, Larry
Sewall thus ended up with an extension.
John Luse, Police Chief stated that the contract gave him ability to reorganize staff, was
consistent with other labor grants in the City, and affirmed commitment to community policing
commitment. He thanked the City Manager for his tremendous effort to help out with this
agreement.
It was moved Councilmember Brimeyer, seconded by Councilmember Young, to adopt the
attached resolution approving the labor Agreement for 1998 for Police Sergeants, LELS #218.
The motion passed 4-0. (Councilmembers Latz and Nelson absent)
8b. CDBG Third Party Agreement Perspectives, Inc.
Resolution # 98-91
It was moved Councilmember Brimeyer, seconded by Councilmember Young to adopt a
resolution authorizing the Mayor and City Manager to execute a Third Party Agreement with
Perspectives, Inc. The motion passed 4-0. (Councilmembers Latz and Nelson absent)
8c. Second Reading of Ordinance to Amend Section 9-113, Restrictions on Water
Use
Ordinance #2122-98
It was moved Councilmember Brimeyer, seconded by Councilmember Young to waive the
second reading, adopt the ordinance amendment relating to water restrictions, and approve the
summary of the ordinance for publication. The motion passed 4-0. (Councilmembers Latz and
Nelson absent)
8d. Change Order No. 1 to Contract No. 16-98 with Hardrives, Inc.W. 35th Street -
Raleigh Avenue to cul-de-sac east of Highway 100 -Project No. 16-98
Resolution # 98-92
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By consent, Council adopted the attached resolution authorizing execution of Change Order No.
1 in the amount of $20,748.00 to Contract No. 16-98 with Hardrives, Inc., increasing the total
contract amount from $143,011.00 to $163,759.00.
8e. Resolution authorizing Metropolitan Council Livable Communities Grant
Application
Resolution # 98-93
Mayor Dorfman asked if adopting resolution completed application.
Ms. Jeremiah stated that additional work on the application was needed related to the financial
aspects and exact housing mix, which would be discussed in more detail at next study session,
and noted the application was due July 22, 1998.
It was moved Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt a
resolution authorizing application for the Livable Communities Demonstration Program
requesting funding for Park Commons Redevelopment Phase One, Block 1. The motion passed
5-0. (Councilmember Latz absent)
9. Reports from Officers, Boards, Committees
9a. Planning Commission Minutes May 20, 1998 By consent, Council accepted report for
filing.
9b. Planning Commission Minutes June 3, 1998: By consent, Council accepted report for
filing.
9c. Housing Authority Minutes May 13, 1998: By consent, Council accepted report for
filing.
9d. NRC Minutes May 13, 1998: By consent, Council accepted report for filing.
9e. Vendor Claim Report: By consent, Council accepted report for filing.
10. Unfinished Business
10a. Board and Commission Appointment(s)
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to appoint
Herbert Isbin to the Human Right Commission and to re-appoint Bridget Gothberg for another
term to the Housing Authority. The motion passed 5-0 (Councilmember Latz absent).
11. New Business
11a. DKH Settlement
It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve
settlement of DKH claim involving excavation work at the Recreation Center with a city
contribution of $309,190 subject to review and approval of final settlement documents by the
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City Attorney and authorizing the Mayor and City Manager to execute all necessary settlement
documents. The motion passed 5-0 (Councilmember Latz absent).
11b. Authorization of Trail and Sidewalk Plan
Ms. Erickson, Planning Coordinator briefly explained the request for authorization to undertake
the preparation of a City-wide trail and sidewalk plan for inclusion into the Comprehensive Plan.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve the
scope of work for the City-Wide Trail and Sidewalk Plan project and to authorize the Mayor and
City Manager to execute a contract with Close Landscape Architecture for professional services
to complete the Plan. The motion passed 5-0 (Councilmember Latz absent).
12. Miscellaneous - None
13. Claims, Appropriations, Contract Payments
a. Contract payments
Payment - Final
Hardrives, Inc. - Contract No. 4086 $49,129.40
Park Place Boulevard/W. 16th Street & Gamble Drive
Matt Bullock Contracting - Contract No. 4165 $8,654.55
Twin Lakes/Oak Park Village
By consent, Council adopted resolutions # 98-94 and 98-95
Partials
Midwest Asphalt Corporation - Contract No. 17-98 $243,634,11
Ford Road/Shelard Parkway/Ford Lane
Hardrives, Inc. - Contract No. 14-98 $151,481.80
Construction of Excelsior Boulevard - Phase 2
Monterey Ave. to France Ave.
Ron Kassa Construction, Inc. - Contract No. 19-98 $11,987.40
Random concrete repair
Hardrives, Inc. - Contract No. 16-98 $73,728.45
W. 35th/W. 36th/W. 23rd/W. 24th Street/Utica Avenue
By consent, Council approved and authorized payments
14. Communications
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Councilmember Brimeyer asked what the effective date was for the Zoning Ordinance screening
requirement.
Judie Erickson stated that it was July 1, 1999 because if the screening requirement was put in
before July 1, 1999 there wouldn’t be enough time to notify residents of the requirement or for
residents to take appropriate action to be in compliance.
15. Adjournment
A motion to adjourn was made by Councilmember Brimeyer, and seconded by Councilmember
Sanger. The meeting adjourned at 10:05 p.m.
City Clerk Mayor
18
Item #4b
UNOFFICIAL MINUTES
CITY COUNCIL EXECUTIVE SESSION
ST. LOUIS PARK, MINNESOTA
July 6, 1998 - 6:30 p.m.
Mayor Dorfman called the meeting to order at 6:30 p.m.
The following Councilmembers were present at the meeting: Chris Nelson, Sue Sanger, Ron
Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott), Consulting Attorney
(Mr. Hoff) and City Clerk (Ms. Larsen).
Council met in closed session to discuss a proposed settlement agreement in the matter of DKH
vs. City of St. Louis Park.
The meeting was adjourned at 6:50 p.m.
City Clerk Mayor
19
City of St. Louis Park
City Council Agenda Item #6a
Meeting of July 20, 1998
6a. Public hearing and 1st reading of an ordinance to amend City Charter
Chapter 11.03 (Vacation of Streets) and certain Appendices
St. Louis Park Charter Commission has recommended Charter amendments to
Chapter 11 and certain Appendices for City Council enactment by ordinance.
Recommended
Action:
Conduct public hearing and following the hearing, motion to
waive first reading of the ordinance to amend Charter Section
11.03 and Appendices and set second reading for August 3, 1998
Background:
As part of the Charter Commission’s comprehensive review of the City Charter provisions, the
Charter Commission unanimously voted on March 11, 1998 to recommend to Council an
amendment to Section 11.03 Vacation of Streets as well as amendments to move a Certificate in
Chapter 11 to an appendix and to redesignate Chapters 13 and 14. The rationale for the
amendments were unanimously approved on May 26, 1998.
These amendments are being referred to the Council for ordinance adoption. An affirmative vote
of all Councilmembers is necessary to adopt an ordinance amending the Charter.
Minnesota statute provides for four methods to amend the Charter which are summarized below.
The Charter Commission is submitting these recommended amendments in conformance with
the 4th method.
1. Upon submission of a petition, the Charter Commission submits amendments to voters.
2. Charter Commission directly submits amendment to referendum at regular or special
election.
3. City Council proposes amendment, subject to Charter Commission review, and submits
to referendum.
4. Charter Commission recommends amendment to the City Council for unanimous
enactment by ordinance. After notice, public hearing , no petition calling for a
referendum, and necessary waiting period, the ordinance/amendment takes effect.
A Study Session Report on this proposed amendment was submitted for Council review on June
8, 1998. Two weeks public notice of this public hearing was published in the official newspaper
on June 24 and July 1. The 2nd reading of the ordinance is tentatively scheduled for August 3.
The ordinance would take effect 90 days after unanimous adoption by Council and publication.
20
Proposed Amendments
The proposed amendment to Section 11.03 inserts in the last sentence the words “or the Registrar
of Titles” and “as appropriate.”
The proposed Charter Section would read (additions bolded and italicized):
Section 11.03. Vacation of Streets. The Council shall have the exclusive power, by
ordinance passed by a vote of at least five (5) members of the Council, to vacate or
discontinue highways, streets and alleys within the City. Such vacations may be only after
notice to affected property owners after hearing, upon such further terms, and by such
procedure as the Council may, by ordinance, prescribe. A record of each such vacation
shall be filed in the office of the County Recorder or the Registrar of Titles of Hennepin
County, as appropriate.
The Charter Commission’s rationale for the amendment is to correctly reflect the County offices
where vacations are filed. Abstract titles must be filed with the County Recorder and torrens or
registered properties must be filed with the Registrar of Titles.
In addition, the Charter Commission recommended: 1) moving Page 32 (Certificate of
Commission adopted in 1954) in Chapter 11 to become a new Appendix A entitled “Content of
Original Certificate of Commission”; 2) moving the Amendments (P. 58) to become Appendix
B; and
3) revising the Table of Contents accordingly (i.e.; delete Chapter 14 Amendments, add Appendix
A Content of Certificate of Commission and Appendix B List of Amendments, and drop the Index
designation as Chapter 13 Index). The rationale is to place the historical certificate in the back of
the Charter as an appendix rather than being part of the Charter provisions and to clarify the
Table of Contents to show the 12 substantive Chapters and related appendices.
The City Attorney has reviewed the proposed amendments and does not have any legal concerns.
Next Steps
Unless a Councilmember requests to refer the proposed amendments back to the Charter
Commission for further consideration, it is recommended that Council waive the first reading of
the ordinance and set the second reading for August 3.
The tentative schedule for enactment of an ordinance amending Section 11.03 and creating the
recommended appendices is as follows:
June 8 - Study Session Report
June 24, July 1 - two weeks public notice of hearing published in official newspaper
July 20 - public hearing, 1st reading of proposed ordinance
August 3 - 2nd reading of proposed ordinance
August 12 - publish in official newspaper
November 10 - amendment effective 90 days after passage and publication
Attachment: Proposed Ordinance
Prepared by: Joanne Kutzler, Deputy City Manager
Approved by: Charles W. Meyer, City Manager
21
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE CHARTER
CHAPTER 11 AND APPENDICES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. The St. Louis Park Home Rule Charter Chapter 11 - Miscellaneous Provisions
Section 11.03 is hereby amended to read:
Section 11.0. Vacation of Streets. The Council shall have the exclusive power, by
ordinance passed by a vote of at least five (5) members of the Council, to vacate or
discontinue highways, streets and alleys within the City. Such vacations may be made
only after notice to affected propoerty owners after hearing, upon such further terms, and
by such procedure as the Council may, by ordinance, prescribe. A record of each such
vacation shall be filed in the office of the County Recorder or the Registrar of Titles of
Hennepin County, as appropriate.
SECTION 2. The St. Louis Park Home Rule Charter Chapter 11 - Miscellaneous Provisions is
hereby amended by moving the Certificate of Commission from Chapter 11 (P. 32) to a new
appendix entitled Appendix A: Content of Certificate of Commission.
SECTION 3. The St. Louis Park Home Rule Charter Chapter 13 - Index is hereby amended to
remove the designation of the Index as a Chapter.
SECTION 4. The St. Louis Park Home Rule Charter Chapter 14 - Amendments is hereby
amended to remove the designation of the Amendments as a Chapter and to add a new appendix
entitled Appendix B: List of Amendments.
SECTION 5. Effective Date.
This ordinance shall be in force and take effect in the City Charter ninety (90) days after its
passage and publication.
Ordsig
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
22
City of St. Louis Park
City Council Agenda Item #6b
Meeting of July 20, 1998
6b Comprehensive Plan Amendment to Trail Designation
Case No. 98-12-CP
The Council initiated a Comprehensive Plan amendment to move a trail designation
from a portion of the former Hutchinson Spur railroad property near Aquila Avenue
and 31st Street onto adjacent public property to the east.
Recommended
Action:
Mayor to close public hearing. Motion to adopt a resolution
amending the Comprehensive Plan to move approximately 1200
feet of trail designation onto Aquila Park property, 31st Street
right-of way, and a portion of Aquila School property.
Background: The City of St. Louis Park Comprehensive Plan currently designates the former
Hutchinson Branch of Burlington Northern’s railroad corridor (the “Hutchinson Spur”) as a
proposed major pedestrian/bicycle route. The “Hutchinson Spur” extends through St. Louis Park
from Highway 7 northeast to where it joins with the Burlington Northern main line east of
Virginia Avenue. The proposed trail is designated in the Comprehensive Plan as following the
Hutchinson Spur alignment from the Hopkins border to Virginia Avenue. East of Virginia
Avenue, it is shown as following either the Burlington Northern main line corridor or public
streets to where it links with the Cedar Lake trail system in Minneapolis. The intent is to provide
a regional trail system that would link Minneapolis with St. Louis Park, Hopkins, Minnetonka,
and west to Victoria.
The City of St. Louis Park has been awarded a Federal ISTEA grant and State bond funding to
help offset costs relating to constructing the trail provided it meets certain design criteria (e.g., it
must be at least 10 feet wide and include at least 2 feet of buffer/maintenance area on either side).
The City Council has expressed its willingness to commit additional funds for acquiring the
necessary property or easements and for certain other costs associated with the trail project. SRF
Consulting Group has been retained by the City to help design the trail and coordinate with all of
the affected property owners.
On April 28, 1998, the City held a neighborhood meeting to discuss the proposed trail project
and receive public comment. On May 4, 1998, the City Council took formal action to initiate the
proposed amendment to the Comprehensive Plan.
On June 30, 1998, the City purchased a significant portion of the Hutchinson Spur property for
the trail. McCullough Companies and Deborah McCullough retained certain portions for
development. The portion south of 36th is being considered for small office buildings. The City
purchased an easement over a portion of that property for the trail. North of 36th Street, the City
23
purchased a substantial portion of the Hutchinson Spur property. However, the portion which
has public street access from Aquila Avenue and Aquila Lane is the subject of an application for
Preliminary Plat approval for eleven single-family lots. The plat is being considered by the
Planning Commission on July 15, 1998 and will likely be considered by the Council on August
3, 1998. This is the area from which the trail designation is proposed to be moved.
On June 17, 1998, the Planning Commission considered the proposed Comprehensive Plan
amendment and recommended approval on a vote of 4-1 commensurate to review and approval
by the Park and Recreation Commission and School Board.
The Park and Recreation Commission was scheduled to consider the request on July 8, 1998. A
quorum was not possible, and the Commission decided not to hold a meeting. Staff distributed
information about the proposal to the Commissioners and requested comments by July 13, 1998.
The Commissioners did not submit any specific comments regarding the proposal. Their next
regular meeting date is August 12, 1998.
During a detailed analysis of the potential trail alignment north of 31st Street, our consultant
indicated that the trail could be located outside of the School District fence if it was located
partially on School District property and partially on the proposed single-family development lots
north of 31st Street. The City purchased the easement from the proposed single-family property
as part of the June 30th transaction. The School District approved the trail easement on July 13,
1998.
Issues:
• Why is the trail designation proposed to be moved off a portion of the former Hutchinson
Spur railroad right-of-way?
• What are the impacts of designating a portion of the Aquila Park property for the trail?
• What are the impacts of designating a portion of the 31st Street right-of-way for the trail?
• What are the impacts of designating a portion of the Aquila School property for the trail?
Analysis of Issues:
• Why is the trail designation proposed to be moved off a portion of the former
Hutchinson Spur railroad right-of-way?
Two reasons for moving the proposed trail alignment include cost and tree impacts.
Cost: The acquisition negotiations did not result in the conveyance of the necessary 14 feet
easement in the area in question. As a result, any conveyance by the property owner of this
easement, even through the platting process, could result in additional expense to the City. This
seemed unnecessary due to the proximity of public property and ability to locate the trail on
adjacent public land.
24
Tree Impacts: If an easement were conveyed by the property owner, it would likely be provided
on the easterly edge of the property to allow the single-family homes to be built. This trail
alignment would result in significant tree removal. Fewer trees would be lost by utilizing an
existing trail alignment through a portion of Aquila Park.
In light of the above, realignment of the proposed trail onto adjacent public property was deemed
to have merit. The public property alignment is currently being used by our consultants for
design purposes.
• What are the impacts of designating a portion of the Aquila Park property for the trail?
The Aquila Park property currently includes a trail that parallels the Hutchinson Spur property
just south of 31st. Our consultant has indicated that it is feasible for the regional trail to use the
Aquila Park trail alignment for a distance of about 700 feet south of the 31st curb. However, the
existing park trail does not meet the minimum standards for the regional trail. It would have to
be widened and improved. It does not appear that the widening would have significant impacts
on the park, provided the construction process remained sensitive to existing trees on either side
of the trail. Beyond the 700 feet, the regional trail would diverge west and move back onto the
Hutchinson Spur property south to 36th Street. It appears difficult to accommodate the regional
trail from the existing park trail alignment back onto the Hutchinson Spur property without some
impacts on trees. However, losses could be minimized with a sensitive design. Any trees that
had to be removed would have to be replaced according to our tree ordinance. The City
purchased the portion of the Hutchinson Spur property that will be needed for the continuation of
the regional trail between Aquila Park and 36th Street.
• What are the impacts of designating a portion of the 31st Street right-of-way for the
trail?
The 31st Street right-of-way widens out to form a triangle where it abuts the Hutchinson Spur
property. Therefore, it is possible to align the regional trail on this portion of the right-of-way
without impacting private property. The trail would cross the existing street at grade. Therefore,
stop signs would be needed along the trail on both sides of 31st Street.
• What are the impacts of designating a portion of the Aquila School property and
proposed single-family lots for the trail?
Immediately north of the 31st Street right-of way, it is possible to align the trail on School
District and Hutchinson Spur property without moving the school fence or otherwise impacting
the school parking lot and playground improvements. However, there are some difficult grades
and drainage issues in that area that will need to be resolved to prevent any negative drainage
impacts on School District or other adjacent property. A minimum of 14 feet of trail easement
width is needed to ensure that there is an adequate buffer for maintenance, drainage, etc. on
either side of the 10 feet wide trail. A part of the trail easement will encroach on the proposed
single-family lots in that area. Certain limitations on improvements to those lots are
recommended to ensure that a safe distance is maintained from fences and there is adequate
25
space to maintain the trail. The proposed limitations will be identical for all lots and
recommended as part of any preliminary plat approval for the single-family lots.
Recommendation:
Staff and the Planning Commission recommend moving the trail designation from the
Hutchinson Spur property to adjacent public property for a distance of about 1200 feet.
Attachments:
• Proposed Resolution
• Proposed Summary Resolution
Prepared by: Janet Jeremiah, Planning Manager
Tom Harmening, Community Development Director
Approved by: Charles W. Meyer, City Manager
26
RESOLUTION NO.____________
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 1990 TO THE YEAR 2010 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
PORTION OF FORMER HUTCHINSON SPUR RAILROAD PROPERTY
NEAR AQUILA AVENUE AND 31ST STREET
WHEREAS, the Comprehensive Plan 1980-2000 was adopted by the City Council on March
5, 1984 and amended on April 1, 1991 as Comprehensive Plan 1990-2010, and provides the
following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and work
and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful, interesting,
and efficient community by serving the interests of the community at large rather than the
interests of individual or special groups within the community if their interests are at variance
with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby
bringing about significant savings in both private and public expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of
adjacent units of government, and
WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning
Commission of the City of St. Louis Park and amendments made, if justified according to
procedures, rules, and laws, and provided such amendments would provide a positive result and
are consistent with other provisions in the Comprehensive Plan, and
27
WHEREAS, the Comprehensive Plan currently designates the former Hutchinson Branch of
the Burlington Northern’s railroad corridor (the “Hutchinson spur”) as a proposed major
pedestrian/bicycle route, and
WHEREAS, the intent is to provide a regional trail system that would link Minneapolis
with St. Louis Park, Hopkins, Minnetonka and west to Victoria, and
WHEREAS, on June 30, 1998, the City purchased a significant portion of the Hutchinson
Spur property for the trail, and
WHEREAS, McCullough Companies and Deborah McCullough retained certain portions of
the Hutchinson Spur property for development, and
WHEREAS, it is necessary to move approximately 1200 feet of trail designation onto Aquila
Park property, 31st Street right-of-way, and a portion of Aquila School property, and
WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption
of an amendment to the Comprehensive Plan 1980-2000 on June 17, 1998 on a vote of 4-1, based
on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the
interests of citizens and public agencies;
NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the
Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is
hereby amended as follows:
Move the trail designation from the former Hutchinson Spur property onto
adjacent Aquila Park property, 31st Street right-of-way, and a portion of Aquila
School property for a distance of about 1200 feet.
Adopted by the City Council July 20, 1998
Contingent upon approval by the Metropolitan Council
Attest:
City Clerk Mayor
Reviewed for Administration:
City Manager
98-12:RES12
28
SUMMARY
RESOLUTION NO.____________
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 1990 TO THE YEAR 2010 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
PORTION OF FORMER HUTCHINSON SPUR RAILROAD PROPERTY
NEAR AQUILA AVENUE AND 31ST STREET
This resolution states that the trail designation shall be moved from a portion of
the former Hutchinson Spur property onto adjacent Aquila Park property, 31st
Street right-of-way, and a portion of Aquila School property for a distance of
about 1200 feet.
Adopted by the City Council on July 20, 1998
Contingent upon approval by the Metropolitan Council
Gail Dorfman /s/
Mayor
A copy of the full text of this resolution is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 29, 1998
29
City of St. Louis Park
City Council Agenda Item # 6c
Meeting of July 20, 1998
6c. Vacation of storm sewer easement at 7244 Cedar Lake Road
Case No. 98-17-VAC
Michael And Mary DuPont have petitioned to vacate a storm sewer easement at
7244 Cedar Lake Road.
Recommended
Action:
Mayor to close public hearing. Motion to waive First Reading of
the proposed ordinance vacating that particular storm sewer
easement created in Document No. 3289309 (effective upon
approval and execution of a new storm sewer and sump easement
document and installation of the new storm sewer) and set
second reading for August 3, 1998.
Background: On March 18, 1998, the Planning Commission considered Michael DuPont’s
request for a Conditional Use Permit to rebuild an existing service station and to add a
convenience store and car wash at 7200 and 7244 Cedar Lake Road. The former Sol’s building
at 7244 Cedar Lake Road would be demolished to accommodate the new use. The Planning
Commission recommended approval of the Conditional Use Permit subject to several conditions.
One of the conditions involved execution of a new storm sewer and sump easement prior to
abandoning the old storm sewer line. The City Council approved the Conditional Use Permit on
April 20, 1998 subject to the same conditions recommended by the Planning Commission.
The existing storm sewer easement runs along the east side of the 7244 Cedar Lake Road
property. The proposed building will be located over this line. Therefore, the storm sewer must
be moved further west and a new easement must be created to accommodate it. The old
easement must be vacated so that the new building does not encroach on a utility easement. An
ordinance must be adopted to vacate the existing storm sewer easement. There is also an existing
storm water sump easement (recorded under the same document number) over the northern one-
third of the 7244 Cedar Lake Road property (abutting the City park property). This easement
must be expanded. Public Works staff have reviewed a draft of the proposed storm sewer and
easement locations. However, the documents have not yet been finalized.
On June 17, 1998, the Planning Commission considered the proposed easement vacation and
recommended approval on a vote of 4-0.
Issues:
There are no issues other than ensuring that the new storm sewer and sump easements are
approved by Public Works and properly executed, and the improvements made, prior to vacating
the old easement. This could potentially be completed before Council acts on Second Reading of
30
the proposed ordinance. Otherwise, the effective date of the ordinance will need to be delayed
until the new easements are properly executed and the new storm sewer installed.
Attachment:
• Proposed Ordinance
• Survey showing easement to be vacated (on file in City Clerk’s office)
Prepared by: Janet Jeremiah, Planning Manager
Approved by: Charles W. Meyer, City Manager
31
ORDINANCE NO.___________
AN ORDINANCE VACATING A STORM SEWER EASEMENT
7244 CEDAR LAKE ROAD
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all property
abutting upon both sides of the storm sewer easement proposed to be vacated has been duly filed
with the City Clerk, requesting vacation of the storm sewer 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 July 8, 1998 as directed by the said notice and has
conducted a public hearing upon said petition and has determined that the storm sewer easement
is not needed for public purposes, and that it is for the best interest of the public that said storm
sewer easement be vacated.
Section 2. The following described storm sewer easement created in Document No.
3289309, as now dedicated and laid out within the corporate limits of the City of St. Louis Park,
is vacated:
Lot 9, Home Addition to St. Louis Park, except that part lying East of a line drawn
parallel to the East line of said Lot 9 from a point on the North line thereof distant
150 feet West from the Northeast corner thereof, and except the Southerly 7 feet of
said Lot 9, according to the recorded plat thereof. Hennepin County, Minnesota
and
That part of Lot 9, Home Addition to St. Louis Park lying South of North 87.1 feet
thereof, front and rear and lying East of a line drawn parallel with the East line of
said Lot 9 from a point on the North line thereof distant 150 feet West from the
Northeast corner thereof. Hennepin County, Minnesota
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
32
Sec.4. This Ordinance shall take effect upon approval and execution of a new
storm sewer and sump easement document and installation of the new storm sewer
improvements.
Attest: Adopted by the City Council August 8, 1998
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
98-17-RES12
33
City of St. Louis Park
City Council Agenda Item # 6d
Meeting of July 20, 1998
6d. Excelsior Townhomes Conditional Use Permit
Excelsior Townhomes Preliminary Plat with Variances
Case No. 98-20-CUP and 98-19-S
Edina Development Corporation is requesting a Conditional Use Permit for Cluster
Housing and Preliminary Plat with Variances to the Subdivision Ordinance to allow
construction of 38 townhomes on individual building lots plus a private street
system and open space on one common lot in the R-4 Zoning District at 7100-7102
Excelsior Boulevard
Recommended
Action:
Close the public hearing. Motion to adopt a resolution approving
the Conditional Use Permit for cluster housing subject to the
conditions in the resolution.
Motion to adopt a resolution approving the Preliminary Plat with
Variances subject to the conditions included in the resolution.
Zoning: R-4, Multiple Family Residence District
Comprehensive Plan Designation: Residential up to 30 units per acre
Background:
Edina Development Corporation is proposing to build 38 townhome units on a 4.06 acre parcel
along Excelsior Boulevard, directly west of Meadowbrook apartments. The proposal includes
five buildings with between six and ten townhomes per building. The units are all two story
homes with a two car attached garage, finished with a stucco exterior. They are anticipated to
sell for approximately $130-140,000. Each unit would be situated on a small privately owned
lot, with the remainder of the parcel put into one common lot (Outlot A). A private road system
would connect with Excelsior Boulevard and provide access within the site. The main road was
originally proposed at 24 feet wide, and side roads extending to individual driveways at 20 feet
wide. Staff has recommended widening the main road to 30 feet to accommodate guest parking,
and adding sidewalks along one side of all roads. A small portion of City-owned parkland at the
northeast corner of the site is proposed to be utilized by the subdivision to accommodate a
needed turnaround for fire trucks.
There are existing easements for sewer and water and storm sewer across the front of the parcel
along Excelsior Boulevard, and along the west side of the property. Also proposed is a ten foot
utility easement along the west side of the property, and five foot drainage and utility easements
34
around the perimeter of each block. The townhomes abut two wetlands on the west side of the
lot, and one of the buildings (Building 1) encroaches slightly on the 100-year floodplain. A small
amount of filling in the floodplain and in the wetland in the southwest corner of the lot is needed.
The floodplain area would be replaced on the site. The developer has received positive feedback
on the proposal from the Watershed District staff, but still needs to obtain formal approval,
including a variance to reduce the wetland buffer in some areas. Some of the ponding
requirements have been waived in lieu of paying a fee to the Watershed District.
This project requires a Conditional Use Permit for cluster housing. The overall density of the
project, at 9.36 units per acre, is well within the 30 units per acre maximum for the R-4 zoning
district. Variances from the Subdivision Ordinance are being requested, to allow the side roads
extending from the main private road to be 20 feet wide rather than the required 24 foot width,
and for dead end streets with no cul de sacs. L-shaped turnarounds are proposed as alternatives
to cul de sacs.
The Planning Commission considered this request on July 1, 1998 and recommended approval
on a vote of 4-2. Commissioners expressed concern over the side roads being 20 feet wide, in
terms of emergency vehicle access and the potential for illegal parking along these roads. Staff
responded that police were prepared to tag and tow all illegally parked vehicles, that ambulances
and fire trucks could utilize the 20 foot roads, with the fire trucks backing up, and that the Fire
Department had approved the project contingent upon all the townhome units being sprinklered.
Concern was also expressed over the amount of open space provided and where children who
lived in the subdivision would play. Staff stated that the minimum amount of usable open space
is provided on the site, not including wetlands or other exempt areas, though the Park and
Recreation Commission could, in their review of the project, determine that additional play area
was desirable.
The Park and Recreation Commission unfortunately did not have a quorum for the July 8
meeting, and did not hold the meeting. Commissioners were given the opportunity to provide
written comments as well, and no written comments were received back. The main issues
relating to parks were park dedication fees and available play space for the site. It is
recommended by Planning staff that the developer contribute the standard park and trail
dedication fees, in lieu of providing parkland, given the limited space on the parcel. Regarding
play space, there is a playground and tot lot available for public use which is directly adjacent to
this site, on the west side of the Meadowbrook apartment property. (Staff did not know that the
Meadowbrook playground was open to public use at the time of the Planning Commission
meeting.) The playground could be accessed via sidewalks along Excelsior and Meadowbrook
Lane, or possibly via rough dirt trails that go between Meadowbrook and this site.
As requested by staff, the developer has provided revised plans showing the 30 foot wide main
road, 13 guest parking stalls, 32 foot wide main entry driveway, and sidewalks on one side of all
roads. The developer also provided plans showing existing and proposed floodplain boundaries.
A consultant is currently reviewing the floodplain plans for compliance with the Zoning
Ordinance, and staff will provide a verbal update to the Council on July 20.
35
Issues:
• Does the proposal meet the Conditional Use Permit requirements for cluster housing and
other applicable provisions of the zoning ordinance?
• Does the proposal comply with the Subdivision Ordinance and what variances are
required?
• What issues exist with regard to access, circulation, pedestrian movement, and parking for
this development?
• What other requirements are imposed on this development?
Issues Analysis:
Does the proposal meet the Conditional Use Permit requirements for cluster housing and
other applicable provisions of the zoning ordinance?
While the R-4 zoning district typically requires 8,000 square foot lots and lots of at least 60 feet
wide, the district also contains provisions for cluster housing as a Conditional Use Permit and
special setback provisions for condominium developments. For the purpose of interpreting the
zoning ordinance, this development meets the definition for both cluster housing and
condominium. Conditions for a CUP for cluster housing are as follows:
a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial
or shall be otherwise located so that access can be provided without generating significant
traffic on local residential streets.
The only access to the site is via Excelsior Boulevard, which is identified in the Comprehensive
Plan as a major collector street. Accessing the site will therefore not generate any additional
traffic on local streets.
b. Building lots shall contain a minimum 400 square feet of usable open space per dwelling
unit, and no more than 1/2 can be located in the front yard.
The site contains the minimum of 400 square feet of usable open space per dwelling unit. With
38 dwelling units, a total of 15,200 square feet is required, and there are 15,536 square feet of
usable open space shown on the site, not including any front yard areas of individual units.
c. The minimum spacing between building shall be the average heights of the buildings.
This condition is met. The average heights of the buildings is 16.5 feet. All buildings are spaced
54 feet apart.
d. Side and rear yards may be reduced to zero feet where dwellings are designed to share
common walls.
36
This provision is complied with. Where dwellings are contained in a single building and share
common walls, side and rear yard setbacks are zero. Otherwise, the setbacks of the dwellings
comply with the setback provisions for condominiums (see compliance with general R-4
provisions).
e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal
private roadways or parking lots.
The development meets the 15 foot setback requirement on all areas of the site. The townhouse
buildings are set back 15 feet from the main private road, and 17 feet from the private side roads
from which the driveways extend.
f. No portion of the required 20 foot road system may be used to satisfy the off-street parking
requirements.
This provision is met. The parking requirement is two off-street parking spaces per dwelling
unit. Each dwelling unit has two enclosed spaces in an attached garage, which meets Code.
There are two additional spaces on each driveway. Staff is also recommending 13 guest parking
spaces be provided along the main drive, and the developer has agreed to comply with this
recommendation.
Other applicable provisions of the zoning ordinance:
Other R-4 District Standards: The proposal meets the dimensional standard and density
requirements for the R-4 district in all respects. As is consistent with the provisions for
condominiums, the front, side, and rear yard setbacks for individual units are reduced from those
normally required in the R-4 district, but required setbacks are maintained from streets and from
the common lot property line. The dimensional standards and density requirements which do
apply to condominium developments, such as height, floor area ratio, and overall density, are
also met.
Landscaping: The proposal is required to comply with the City’s standards for buffering from
adjacent uses and general landscaping requirements. The site is bordered by an existing
residential development to the east of a higher density, for which there will be modest buffering
requirements. To the north is vacant property zoned R-4, for which the buffering requirements
are also very modest. To the west is vacant property zoned office and industrial, but with an
approximately 200 foot wide wetland between this development and any future development to
the west. The Zoning Administrator has stated that any new office or industrial development
would be required to buffer that use on the side facing these townhomes, but that the townhomes
are not required to provide a buffer on the west side. To the south is Excelsior Boulevard, with a
golf course across the road. A bufferyard “B” is required along this property line. The proposed
landscaping and buffering plan which has been submitted by the developer complies with the
City’s requirements for buffering and landscaping.
37
Architectural Standards: The townhouse units are to have stucco exteriors, which complies with
the City’s architectural standards. Attached elevation drawings show the facades and materials to
be used.
General Residential Standards: The development must comply with all residential performance
standards, including trash storage, vehicle storage, curbing standards, and underground utilities.
The standards state that interior pedestrian circulation and pedestrian linkage to any existing
public trails or sidewalks shall be provided where practically possible. Staff is recommending
sidewalks on one side of all streets in the development, which will then connect with sidewalks
on Excelsior Boulevard.
Standards for Conditional Use Permit: The proposed development complies with the conditions
for issuing a Conditional Use Permit. The plans are consistent with the Comprehensive Plan and
the Zoning Ordinance; do not adversely impact surrounding properties or the community as a
whole; and comply with the design and other requirements as imposed by City ordinances (see
variances to the Subdivision Ordinance requested as exceptions). Staff is recommending 16
additional conditions to the preliminary plat and CUP to ensure the development is consistent
with City goals and standards.
Does the proposal comply with the Subdivision Ordinance and what variances are
required?
The Design Standards set forth in the Subdivision Ordinance lay out the design requirements for
blocks, lots, streets, easements and related requirements for all new subdivisions. The Excelsior
Townhome proposal is consistent with these requirements generally. The exceptions are street
width and cul de sacs for the side streets leading to individual buildings. In addition, the
Ordinance requires sidewalks on all new streets, which were not originally included in the
developer’s proposal but which are included in the developer’s revised plans as recommended by
staff.
Variances: Two variances are being requested from the Subdivision Ordinance. The developer
is proposing 20 foot wide streets with L-shaped turnarounds at the ends for the side streets which
lead to individual buildings. The Subdivision Ordinance requires a minimum width of 24 feet
for private streets serving single family attached dwellings, and also requires cul de sacs for dead
end streets. Variances from the Subdivision Ordinance may be recommended by the Planning
Commission when, in its opinion, undue hardship may result from strict compliance. The
Commission shall take into consideration the nature of the proposed land use and existing land
use in the vicinity, the number of persons expected to reside in the subdivision and the probable
effect upon traffic conditions in the vicinity. The variance may only be recommended for
approval when four conditions are met. Below are the four conditions and staff’s assessment that
all of the conditions are met in this case:
1. That there are special circumstances or conditions affecting the property such that the strict
application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of
the reasonable use of the land.
38
The lot is a long and narrow parcel with access only to Excelsior Boulevard, so that it must create
its own roadway system. There are wetlands on the west and southwest portions of the property
which limit the available area for development even further. In order to minimize impact to the
wetlands and accommodate a reasonable density, roads and impervious surface have been
reduced where possible. There have been unsuccessful attempts to develop this property for
residential townhomes in the past, which indicates that there are challenges in developing this
property.
2. That the granting of the variance will not be detrimental to the public health, safety and
welfare or injurious to other property in the territory in which property is situated.
The roads in question are very minor roads which would serve six to nine townhouse units each.
Therefore, traffic on the roads would be minimal. The Zoning Ordinance allows for 20 foot wide
roads within cluster housing developments, although the Subdivision Code does not differentiate
cluster housing and general residential streets. The Fire and Police Departments have reviewed
the proposed road widths and turnarounds, and have noted that the narrower width could limit
access for emergency vehicles if cars are illegally parked along the roads. The Police Department
questioned whether additional guest parking could be provided so that guests would not be
forced to park illegally if driveways are occupied. This is particularly important since there are
no other nearby streets where guests could park legally (Excelsior Boulevard is “no parking” in
this area). To address this concern, staff is proposing a modification to the site design which
includes 13 guest parking spaces along the main private road’s eastern edge. In addition, staff is
recommending that five foot wide sidewalks be required along one side of all the private roads,
to be consistent with Code requirements and to minimize use of the narrower road by
pedestrians. To ensure the fire safety of the units, the Fire Department is requiring that all units
be sprinklered. The reduced street widths and dead ends will have no impact on surrounding
properties, as no other properties access these streets.
3. That the variance is to correct inequities resulting from an extreme physical hardship such
as topography, etc.
As stated in #1, the long and narrow shape of the lot and the wetlands make it a challenging
parcel to develop. It should be noted that the proposal is being accomplished without variances
to the Zoning Ordinance, and that these two minor variances are the only variances requested.
4. That the variance is not contrary to the intent of the Comprehensive Plan.
The Comprehensive Plan guides this parcel for up to 30 units per acre of housing. The
alternative to granting these variances would be to reduce the number of units on the site. As the
proposed density is already below 10 units per acre, this does not appear to be a desirable
alternative. Granting the variances is consistent with the goal of utilizing this parcel for medium
density residential development. It is also consistent with “Vision St. Louis Park” housing goals.
39
Overall, granting of the variances will allow the developer to make use of a difficult piece of land
for housing, which supports the City’s goals without adversely impacting surrounding properties
or reducing safety or aesthetics within the subdivision.
Other requirements of the Subdivision Ordinance:
The Subdivision Code regulates easements, erosion and sediment control, storm drainage, and
provisions for protected areas. The proposed easements have been accepted by the Public Works
department, although they still need to receive final approval from the City, as the City has not
yet received comments back from the utility companies. Final plans for erosion and sediment
control and storm drainage calculations must also be approved. Regarding Park and Trail
Dedication requirements, the developer will be required to contribute a fee per dwelling unit in
lieu of parkland dedication and an additional fee per unit for trails, at the standard rate stated in
the Subdivision Code. The required fee is $900 per unit for park dedication and $225 per unit for
trail dedication, for a total fee for the subdivision of $42,750. Staff believes the cash
contribution is preferable given the limited space on the site. While the Park and Recreation
Commission did not meet in July due to lack of a quorum, the Commissioners did have the
opportunity to send written comments to Planning staff, and none were received. The developer
has requested that park dedication fees be collected on each unit prior to issuing the Certificate of
Occupancy, which is acceptable to staff. The Development Agreement will include this
requirement.
The development must also comply with the City’s Tree Preservation Ordinance. Staff
conducted a preliminary inspection of the site and there do appear to be 5-10 significant trees
which would be removed. The developer is therefore required to submit tree inventory and tree
replacement plans as part of the plat conditions, which will be field verified by staff prior to any
site clearing or issuance of building permits.
What issues exist with regard to access, circulation, pedestrian movement, and parking for
this development?
As mentioned, access to the site is via Excelsior Boulevard only. Because Excelsior Boulevard is
divided by a concrete median with no break in the median at the point of access to this
subdivision, vehicles will be able to access the site going westbound only. Eastbound traffic will
need to turn around at Louisiana Avenue and then backtrack to enter the site. Traffic that is
eastbound from the site can turn around at Meadowbrook Road and travel east on Excelsior
Boulevard, or turn north on Meadowbrook and travel east using another road. These issues do
not appear to be a major concern given the size of the development, and the fact that most traffic
entering the site will probably be westbound (given that Highway 100, the major commercial
centers of the city, and the central cities are all to the east). In addition, the city engineer has
approved access to and from the site as shown on the site plan.
Because Excelsior Boulevard is a county road, Hennepin County is required to review the plat
proposal and comment. Their comments, received in a letter June 19, 1998, state that the
proposed plat is acceptable as designed. However, County staff has verbally recommended
40
widening the entry drive to 32 feet at the intersection with Excelsior Boulevard. The developer
has agreed to make this change. As noted, staff is also recommending widening portions of the
remainder of the main entry drive to accommodate guest parking.
As a result of widening the main access road, all buildings would be moved one foot to the west,
which is towards the wetlands. Apparently, some of the buildings are currently at or slightly over
the Watershed District’s minimum wetland setback, therefore the modification must be approved
by the Watershed District. The minimum setback of any building from the wetlands would be at
least ten feet.
As discussed above, this development would have sidewalks along one side of all internal streets.
These sidewalks will connect to existing sidewalks along Excelsior Boulevard and become part
of the city’s overall pedestrian walkway system.
What other requirements are imposed on this development?
The developer has requested permission from the City to utilize about 1,100 square feet of park
land at the northeast corner of the site to provide space for a turnaround bump on the north end of
the main access drive. An Encroachment Agreement is required to be executed between the City
and the developer prior to construction of the road over city property.
As mentioned above, the developer is also required to contribute park dedication fees, and to
comply with the city’s tree preservation ordinance.
The Fire Department is requiring that all buildings be sprinklered.
Finally, utility companies have not yet commented on placement of utility easements. Final
approval on easements will be contingent upon compliance with any utility company
requirements.
Recommendation:
Staff recommends approval of the Preliminary Plat and Conditional Use Permit subject to the
following conditions of approval:
1 Prior to Final Plat approval, applicant shall submit landscaping plans which comply with
tree replacement, bufferyard, and landscaping requirements, and at least one canopy tree
shall be provided per lot.
2 Prior to Final Plat approval, developer shall provide evidence that placement of easements
comply with any requirements of utility companies.
3 The Final Plat shall be consistent with the minimum lot areas, widths, and setbacks as shown
on the preliminary plat.
4 Dedication of drainage and utility easements as approved.
5 Approval of variances to the Subdivision Regulations to allow 20 foot wide streets on all but
the main access street and allowing dead end streets with no cul de sacs.
41
6 Permits from the Minnehaha Creek Watershed District, Hennepin County Transportation,
and other agencies shall be obtained by the applicant as required prior to site work.
7 Park dedication and trail fees shall be required in lieu of dedicating land, at the rate specified
in the Subdivision Ordinance The Development Agreement shall state that park and trail
dedication fees shall be collected prior to issuance of the Certificate of Occupancy for each
building.
8 Fire sprinklers to be included in all townhome units per Fire Department requirements
9 Final grading, utility plans, and stormwater calculations are to be approved by the Public
Works Department prior to issuance of any building permits.
10 An erosion and sedimentation control plan is to be approved by the Public Works
Department prior to any site work.
11 Approval of the Conditional Use Permit is contingent upon filing of the final plat.
12 Compliance with the General Residential District Regulations is required.
13 A development agreement, homeowner’s association and declaration of covenants is
required to ensure that all improvements are installed in a timely manner, parking is
prohibited on the private street system except where designated, and common areas
(including wetlands, open space, landscaping, ponds and private streets) are adequately
maintained in perpetuity. Approval of the Conditional Use Permit is contingent upon review
and approval of said documents by the City Attorney.
14 An Encroachment Agreement is to be executed between the developer and the City for
developer’s use of City land for turnaround area.
15 “No Parking Fire Lane” signs shall be installed per Fire Marshall’s determination.
16 Lighting and irrigation plans are to be approved by the Zoning Administrator prior to
issuance of building permits.
Attachments:
• Conditional Use Permit Resolution
• Preliminary Plat Resolution
• Exhibit A, Revised Preliminary Plat and Utility Plan*
• Exhibit B, Preliminary Grading Plan*
• Exhibit C, Existing and Proposed Floodplain Delineation*
• Exhibit D, Revised Exterior Elevations*
• Exhibit E, Landscape and Buffering Plans*
*On file at City Clerk’s office
Prepared by: Sacha Peterson
Approved by: Charles W. Meyer, City Manager
42
RESOLUTION NO. _____
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 14:5-4.5.D.1 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT CONSTRUCTION OF 38
TOWNHOMES FOR PROPERTY ZONED R-4, MULTIPLE FAMILY
RESIDENCE DISTRICT LOCATED AT 7100-7102 EXCELSIOR
BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Edina Development Corporation (Nader Nooryshokry) has made application to the City
Council for a Conditional Use Permit under Section 14:5-4.D.1 of the St. Louis Park Ordinance
Code for the purpose of constructing 38 townhomes within a R-4 Multiple Family Residence
District located at 7100-7102 Excelsior Boulevard for the legal description as follows, to-wit:
Together with that part of the Southeast Quarter of the Northwest Quarter of
Section 20, TWP 117, R21 Hennepin County described as beginning at the
Northeast corner of Tract A RLS 1674; thence North 25.00 feet along said East
Line of the Southeast Quarter of the Northwest Quarter; thence north 89 degrees
29 minutes 50 seconds west 32.00 feet; thence south 00 degrees 30 minutes 10
seconds west parallel with said East line, a distance of 5.00 feet; thence south
54.00 degrees 28 minutes 15 seconds west 34.00 feet to said Line A; thence south
89 degrees 29 minutes 50 seconds east 59.50 feet along said Line A to the point of
beginning. Tract A of Registered Land Survey 1674, Hennepin County,
Minnesota
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 98-20-CUP) and the effect of the proposed 38 townhomes on the health,
safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on the
Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
43
3. The Council has determined that the 38 townhomes will not be detrimental to the health,
safety, or general welfare of the community nor will it cause serious traffic congestion nor
hazards, nor will it seriously depreciate surrounding property values, and the proposed 38
townhomes is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File are hereby entered into and made part of the public
hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit the construction of 38 townhomes at the location
described is granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits A
through E, with Exhibit E revised to comply with tree replacement requirements as
outlined in Section 14:4-11 of the Zoning Ordinance; such documents incorporated by
reference herein.
2. The Final Plat shall be consistent with the minimum lot areas, widths, and setbacks as
shown on the preliminary plat.
3. Approval of the Conditional Use Permit is contingent upon filing of the final plat.
4. Prior to Final Plat approval, applicant shall submit landscaping plans which comply
with tree replacement, bufferyard, and landscaping requirements, and at least one canopy
tree shall be provided per lot.
5. Prior to Final Plat approval, applicant shall submit evidence that placement of
easements comply with any requirements of utility companies.
6. Dedication of drainage and utility easements as approved.
7. Fire sprinklers to be included in all townhome units per Fire Department requirements.
8. Compliance with the General Residential District Regulations is required.
9. A development agreement, homeowner’s association and declaration of covenants is
required to ensure that all improvements are installed in a timely manner, parking is
prohibited on the private street system except where designated, and common areas
(including wetlands, open space, landscaping, ponds and private streets) are adequately
maintained in perpetuity. Approval of the Conditional Use Permit is contingent upon
review and approval of said documents by the City Attorney.
10. An Encroachment Agreement is to be executed between the developer and the City
for developer’s use of City land for turnaround area.
11. “No Parking Fire Lane” signs shall be installed per Fire Marshall’s determination.
12. Permits from the Minnehaha Creek Watershed District, Hennepin County
Transportation, and other agencies shall be obtained by the applicant as required prior to
site work.
13. Final grading, utility plans, and stormwater calculations are to be approved by the
Public Works Department prior to issuance of a building permit.
14. An erosion and sedimentation control plan is to be approved by the Public Works
44
Department prior to any site work.
15. Lighting and irrigation plans are to be approved by the Zoning Administrator prior to
issuance of building permits.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration:
City Manager
98-20:RES12
45
RESOLUTION NO.
RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF
EXCELSIOR TOWNHOMES
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Nader Nooryshokry and Edina Development Corporation, owner and subdividers of the
land proposed to be platted as Excelsior Townhomes have submitted an application for approval
of preliminary plat of said subdivision in the manner required for platting of land under the St.
Louis Park Ordinance Code, and all proceedings have been duly had thereunder.
2. Except for the variances noted later in this resolution, the proposed preliminary plat has
been found to be in all respects consistent with the City Plan and the regulations and
requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis
Park.
3. The proposed plat is situated upon the following described lands in Hennepin County,
Minnesota, to-wit:
Together with that part of the Southeast Quarter of the Northwest Quarter of
Section 20, TWP 117, R21 Hennepin County described as beginning at the
Northeast corner of Tract A RLS 1674; thence North 25.00 feet along said East
Line of the Southeast Quarter of the Northwest Quarter; thence north 89 degrees
29 minutes 50 seconds west 32.00 feet; thence south 00 degrees 30 minutes 10
seconds west parallel with said East line, a distance of 5.00 feet; thence south
54.00 degrees 28 minutes 15 seconds west 34.00 feet to said Line A; thence south
89 degrees 29 minutes 50 seconds east 59.50 feet along said Line A to the point of
beginning. Tract A of Registered Land Survey 1674, Hennepin County,
Minnesota
46
Conclusion
1. The proposed preliminary plat of Excelsior Townhomes (including attached
Exhibit A-Revised Preliminary Plat and Utility Plan and Exhibit B, Preliminary Grading
Plan), is hereby approved and accepted by the City as being in accord and conformity
with all ordinances, City plans and regulations of the City of St. Louis Park and the laws
of the State of Minnesota, subject to the following conditions:
1. Prior to Final Plat approval, applicant shall submit landscaping plans which comply with
tree replacement, bufferyard, and landscaping requirements, and at least one canopy tree
shall
be provided per lot.
2. Prior to Final Plat approval, developer shall provide evidence that placement of
easements
comply with any requirements of utility companies.
3. The Final Plat shall be consistent with the minimum lot areas, widths, and setbacks as
shown on the preliminary plat.
4. Dedication of drainage and utility easements as approved.
5. Approval of variances to the Subdivision Regulations to allow 20 foot wide streets on
all but the main access street and allowing dead end streets with no cul de sacs in
accordance with the following findings:
a) That there are special circumstances or conditions affecting the property such
that the strict applicant of the provisions of the Subdivision Ordinance would
deprive the applicant/owner of the reasonable use of the land.
b) That the granting of the variance will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which property
is situated.
c) That the variances are in harmony with the intent of the Comprehensive Plan.
6. Permits from the Minnehaha Creek Watershed District, Hennepin County
Transportation, and other agencies shall be obtained by the applicant as required prior to
site work.
7. Park dedication and trail fees shall be required in lieu of dedicating land, at the rate
specified in the Subdivision Ordinance. Development Agreement shall state that park and
trail dedication fees shall be collected prior to issuance of the Certificate of Occupancy for
each building.
8. Fire sprinklers to be included in all townhome units per Fire Department requirements.
9. Final grading, utility plans, and stormwater calculations are to be approved by the
Public Works Department prior to issuance of a building permit.
10. An erosion and sedimentation control plan is to be approved by the Public
Works Department prior to any site work.
11. Compliance with the conditions of approval in the resolution approving a
Conditional Use Permit for the property including required revisions to the plan
exhibits (see attached CUP resolution).
47
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration:
City Manager
98-19:RES12
48
City of St. Louis Park
City Council Agenda Item # 8a*
Meeting of July 20, 1998
*8a. Amendment to special permit at 8332 Highway 7 (Knollwood Mall)
Case No. 98-16-CUP
General Growth Properties is requesting a major amendment to the special permit
for Knollwood Mall to allow Cub Foods to occupy the space formerly occupied by
Montgomery Wards and to reconfigure the parking lot and loading area.
Recommended
Action:
Continue until August 3, 1998.
Background:
On July 6, 1998, the City Council held a public hearing regarding the proposed Special Permit
amendment to allow Cub to locate in Knollwood Mall (copies of the July 6 report are available
from the Community Development Department). The City Council heard public testimony and
closed the public hearing. The Council requested that staff and the applicant provide additional
information regarding pedestrian/bicycle connections and impacts of the proposed loading area
on the adjacent residential neighborhood. Specifically, the Council asked if an acoustic engineer
could review the proposal and determine the extent of noise impacts and potential mitigation.
On July 14, 1998, the applicant informed staff that additional time is needed to review options
relating to the loading docks. The applicant suggested that the item not be discussed on July 20,
1998, since additional information will not yet be available. Staff recommends continuing the
item until August 3, 1998.
Prepared By: Janet Jeremiah, Planning Manager
Approved by: Charles W. Meyer, City Manager
49
City of St. Louis Park
City Council Agenda Item # 8b*
Meeting of July 20, 1998
*8b. Electronic Proprietary Database (EPDB) License Agreement with Hennepin
County
The City is requesting, through Council resolution, to enter into a license agreement
with Hennepin County for the purpose of using the portion of the County’s
digitized database that enables production of maps using the City’s Geographical
Information System (GIS).
Recommended
Action:
Motion to adopt the resolution entering into conditional use
license agreement with Hennepin County for use of Electronic
Proprietary Database
Background: The City’s Geographical Information System (GIS) is a computerized mapping
system that allows for the display of data on various features of parcels, streets, and other land-
related features. The base map that incorporates specific parcel boundaries, street rights-of-way,
and other digitized geographical attributes is maintained by Hennepin County in the Electronic
Proprietary Database. Because of the proprietary nature of the EPDB, the County requires cities
that wish to use the database to enter into an agreement which essentially limits use of the EPDB
to City purposes. The County restriction pertains to the computerized code that is used to
maintain the database, so that it is not sold or otherwise disseminated to non-City entities. It does
not extend to products, such as maps, that are developed by the City using its GIS in conjunction
with the EPDB. These may be freely distributed. While the requirement for a formal agreement
with the County is new, the agreement does reflect the actual County-City relationship with
respect to use of the EPDB which has been in place for over 10 years. Other entities that wish to
acquire a copy of the County’s EPDB may contact the County directly.
Attachments:
• Proposed Resolution
Prepared by: Clint Pires, Acting Deputy City Manager, 924-2517
Approved by: Charles W. Meyer, City Manager
50
RESOLUTION NO.____________
RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONDITIONAL USE
LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR USE OF THE
ELECTRONIC PROPRIETARY DATABASE
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Acting Deputy City Manager with respect to the nature and benefits of entering into an
agreement with Hennepin County for use of the Electronic Proprietary Database.
NOW, THERFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the Mayor and City Manager are authorized to enter into a Conditional Use
License Agreement with Hennepin County for use of the Electronic Proprietary Database.
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration:
City Manager
51
City of St. Louis Park
City Council Agenda Item # 8c
Meeting of July 20, 1998
8c. Second Reading
Case No. 98-15-ZA
Zoning Code Text Amendment
Text amendment to the Zoning Ordinance to require screening of recreational
vehicles parked in the side and rear yards on lots in residential zoning districts.
Recommended
Action:
Motion to waive second reading of Zoning Ordinance
amendments, approve ordinance, approve summary publication,
and authorize publication.
Background:
On July 6, 1998, the City Council passed first reading Zoning Ordinance amendments consistent
with the recommendation of the Planning Commission requiring the following:
1. Screening of small recreational vehicles parked in the non-driveway side of a house with a 6-
foot fence.
2. Screening of large recreational vehicles parked in the back yard from adjacent streets, parks,
and abutting residentially developed property with a 6-foot fence and landscaping.
Effective date for the proposed screening is July 1, 1998. This will give residents about 10
months to construct the required fencing and plant the required landscaping.
After the screening provisions are adopted, staff will prepare a pamphlet which will describe all
regulations relating to vehicle parking in residential zoning districts for distribution to residents.
Staff will also attempt to undertake other steps to educate the public on the proposed Ordinance
including articles in the Park Perspective and the Sailor.
Attachments: Proposed Ordinance
Summary Publication
Prepared by: Judie Erickson, Planning Coordinator
Approved by: Charles W. Meyer, City Manager
52
ORDINANCE NO. ______
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO
ZONING BY AMENDING SECTIONS
14:5-4.1 RELATING TO
SCREENING OF RECREATIONAL VEHICLES
IN RESIDENTIAL ZONING DISTRICTS.
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 Nos. 96-7-ZA & 98-15-ZA) and has adopted, contemporaneous with new
ordinance, the findings of City staff.
Sec. 2. The St. Louis Park Ordinance Code, Section 14:5-4.1 Residential Restrictions and
Performance Standards is hereby amended to read as follows:
Section 14:5-4.1 RESIDENTIAL RESTRICTIONS AND PERFORMANCE STANDARDS
C. General Provisions (Amend No. 9 by adding c. and No. 10.l)
9. One recreational vehicle which exceeds any of the limits set forth in paragraph 8 and is
owned by the occupant of the premises can be parked in the back yard area if:
a. The vehicle is parked no closer than 5 feet from any property line.
b. If the property is a multifamily property, the vehicle must be stored on a concrete
or bituminous surface and the parking space must be in excess of the minimum
number of parking spaces required by this Ordinance Code.
c. The vehicle shall be screened using a 90% opaque fence which is 6 feet high and
plant materials which at maturity have the ability to screen 100% of the height and
100% of the length of the vehicle with a minimum of 50% opacity from view
from:
• any park,
• any abutting residentially developed property
• any street which abuts the back yard.
The fence and plant materials shall be located in such a manner that visibility is
maintained as required in Section 14:4-10. A six-foot high gate may be placed in
the fence to allow for ingress and egress. Plant materials may be omitted at points
53
of ingress and egress but the gap in landscaping may not exceed the width of the
vehicle plus 2 feet.
10. Parking and storage of vehicles in the R-1, R-2, and R-3 Zoning Districts. The following
provisions shall apply to the parking and storage of vehicles on residential parcels.
l. Recreational vehicles 6 feet in height or less at their highest points may be parked
in one non-driveway side yard on a residentially zoned lot provided that they are
10 feet or more from the adjacent residence, do not extend beyond the front
building wall of the house, and are screened from the street and from the adjacent
neighbor with a 90% opaque fence with a height at least equal to the height of the
highest point of the vehicle to be screened. A fence-height gate may be placed in
the fence to allow for ingress and egress.
Sec. 3 The contents of Planning Case Files 96-7-ZA & 98-15-ZA are hereby entered into
and made part of the public hearing record and the record of decision for this case.
Sec. 4 This Ordinance shall take effect July 1, 1999.
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
98-15:RES12
54
SUMMARY
ORDINANCE NO. ______
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO
ZONING BY AMENDING SECTIONS
14:5-4.1 RELATING TO
SCREENING OF RECREATIONAL VEHICLES
IN RESIDENTIAL ZONING DISTRICTS.
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
This ordinance states that recreational vehicles over 8 feet high, 22 feet long, and 6,500 pounds
in weight which are parked in a back yard in residential zoning districts shall be screened from
adjacent residental properties, parks, and any street which abuts the back yard. Recreational
vehicles parked on the non-driveway side of the house in residential zoning districts shall be
screened consistent with the regulations stated in the zoning ordinance.
This ordinance shall take effect July 1, 1999.
Adopted by the City Council July 20, 1998
Gail Dorfman /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 29, 1998
55
City of St. Louis Park
City Council Agenda Item # 8d
Meeting of July 20, 1998
8d. Zoning Ordinance amendment to “I-G” General Industrial District.
Case 98-13-ZA
Lund Real Properties is requesting a Zoning Ordinance amendment to allow
offices over 50% of the gross floor area to be Permitted with Conditions in the
“I-G” General Industrial District.
Recommended
Action:
Motion to approve Second Reading of the proposed Zoning
Ordinance amendment, approve Ordinance Summary, and
authorize publication.
Background: Lund Real Properties has purchased the former School of Communication Arts
building at 5051 Highway 7 (at the southeast quadrant of Highway 7 and Highway 100). Data
Source Hagen renovated the lower level of the building for office and warehouse use and would
like to renovate the upper level into office for its own use and additional leasable space. The
upper level renovation would put them in excess of the 50% floor area limitation on office as a
permitted accessory use in the “I-G” General Industrial District. Currently, offices over 50% of
the gross floor area in the “I-G” District can be considered by Conditional Use Permit. However,
there are certain conditions that must be met. One of the conditions is that the floor area ratio
(FAR) of the office use cannot exceed 0.5. Floor area ratio is derived by calculating the total
floor area of the use and dividing it by the total area of the property. The proposed renovation
would exceed the 0.5 FAR limitation for offices in the “I-G” District. It would not exceed the
1.0 FAR limitation for other allowable uses in the “I-G” District. The applicant is requesting an
ordinance amendment to remove the 0.5 FAR limitation for office uses in the “I-G” District.
Rather than being considered through a Conditional Use Permit process, the applicant is also
requesting that the use be Permitted with Conditions. This means that the conditions of approval
would be written into the Code. If a proposal met all of the conditions, it would receive a
building permit and/or occupancy permit without any public hearing or Council action.
The Planning Commission considered the proposed ordinance amendment on June 3, 1998 and
recommended approval on a vote of 6-0 subject to the conditions in the staff recommendation.
The recommended conditions have been included in the proposed ordinance language. The City
Council held a public hearing on First Reading of the ordinance on July 6, 1998 and set Second
Reading for July 20, 1998.
56
Issues:
• What are the potential adverse impacts of allowing offices over 0.5 FAR in the “I-G”
District?
• Can the impacts be controlled by Code requirements, thereby eliminating the need for a
public hearing?
Analysis of Issues:
• What are the potential adverse impacts of allowing offices over 0.5 FAR in the “I-G”
District?
Traffic: Offices generally have more employees compared to industrial uses occupying the same
size building. As such, offices generate more traffic. One concern would be if the additional
traffic would affect residential streets.
Parking: Since offices involve more employees, they also require more parking than industrial
uses. If the site does not have enough parking, people might park in drive aisles, fire lanes, or on
streets that may not be appropriate for parking. Therefore, inadequate parking would be a
concern.
Architectural Standards: Office districts are held to a higher architectural standard than industrial
districts. If offices were allowed to locate in industrial districts without being held to the higher
standard, it would raise equity issues and may provide a disincentive for offices to locate in
office districts.
Preservation of Industrial Areas: It is generally deemed important to preserve areas for industrial
uses, so that the employment and tax base of the City is diverse and can withstand economic
changes. Allowing offices over 0.5 FAR in the General Industrial District may diminish
opportunities for industrial uses to locate in the City, since office uses generally command higher
rents and therefore increase the value of the property above what industrial uses might be able to
pay. However, the higher property value also provides higher taxes for the City.
• Can the impacts be controlled by Code requirements, thereby eliminating the need for a
public hearing?
Staff believes the potential adverse impacts relating to traffic, parking, and architectural
standards can be adequately controlled by imposing strict conditions of approval within the Code.
Those conditions would be reviewed by the Zoning Administrator to ensure compliance before a
building permit or occupancy permit would be issued. Staff believes there will be few instances
where all of the conditions will be met to allow numerous large offices in General Industrial
Districts. Therefore, staff does not believe the issue of preserving industrial areas is a major
concern with regard to this request.
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Recommendation:
Staff and the Planning Commission recommend that offices occupying over 50% of the gross
floor area be Permitted with Conditions (rather than by Conditional Use Permit) in the “I-G”
General Industrial District subject to the following conditions:
a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. The uses must meet all off-street parking requirements.
c. The building must meet exterior surface material requirements for non-industrial districts
as specified in Section 14:6-6.2(F)(2).
Attachment:
• Proposed Ordinance
• Proposed Ordinance Summary
Prepared by: Janet Jeremiah, Planning Manager
Approved by: Charles W. Meyer, City Manager
58
ORDINANCE NO.______
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTION 14:5-7.3
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. 98-13-ZA)
Sec. 2. The St. Louis Park Ordinance Code, Section 14:5-7.3 is hereby amended to read as
follows:
Add to C. USES PERMITTED WITH CONDITIONS
(Page 197)
14. OFFICE - (50% or more of gross floor area)
Conditions:
a. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
b. The uses must meet all off-street parking requirements.
c. The building must meet exterior surface material requirements for non-
industrial districts as specified in Section 14:6-6.2(F)(2).
Delete the following from D. USES PERMITTED BY CONDITIONAL USE
PERMIT:
(Page 198-199)
3. OFFICE - (50% or more of gross floor area)
Conditions: a through c
Renumber 4 to 3
Sec. 3. The contents of Planning Case File 98-13-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.
Attest: Adopted by the City Council July20, 1998
City Clerk Mayor
Reviewed for Administration: Approved as to Form and Execution:
City Manager City Attorney
98-13:RES12
60
SUMMARY
ORDINANCE NO.______
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTION 14:5-7.3
This ordinance states that Offices with over 50% of the gross floor area shall be permitted with
conditions in the “I-G” General Industrial District.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council July 20, 1998
Gail Dorfman /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: July 29, 1998
61
City of St. Louis Park
City Council Agenda Item # 8e*
Meeting of July 20, 1998
*8e. City Engineer’s Report: Alley Paving - 3700 Block of France Avenue to
Glenhurst Avenue - Project No. 94-23.
This report considers paving the alley in the 3700 Block of France Avenue to
Glenhurst Avenue in response to a petition by property owners.
Recommended
Action:
Motion to accept the attached resolution accepting this report,
establishing improvement Project No. 94-23, directing staff to
sponsor an informational meeting with abutting property owners
and setting a Public Hearing and Assessment Hearing date of
August 17, 1998.
Background: The alley in the 3700 block of France Avenue to Glenhurst Avenue has been
petitioned twice before in 1994 and in 1996. Previous petitions never reached the City Council
as residents withdrew their signatures when informed that City Policy requires abutting property
owners pay 100 percent of the cost. Residents recollect that many years ago (possibly 15 to 30) a
bituminous pavement did exist in the alley and that the City should consider picking up some of
the cost. The petition just received does not contain any provisions for City participation and is
presented as being in compliance with existing City Policy.
Discussion: On June 18, 1998 the City received a petition from over 80% of the abutting
property owners to construct a standard ten foot concrete alley in the 3700 block of France
Avenue to Glenhurst Avenue. Included in the proposed project is construction of driveway apron
connections between the paved alley and abutting paved driveways. Private driveways outside
the alley right of way are the responsibility of the property owner. In accordance with City
Policy, the alley paving project will match the existing materials and grades. It is proposed that
pavement grades be established to provide positive drainage without requiring storm sewer
construction. It will also be necessary to obtain easements for the alley toward the north end as
the existing properties jog and the alley, as used, crosses private property. It is staffs
recommendation that the property owners grant the easements at no cost to the City to
accommodate the proposed alley.
Financial Considerations: The City’s policy for funding alley improvements requires the
abutting property owners to pay 100% of the improvement costs. Due to the age and non-
existence of the old bituminous pavement, staff recommends the existing assessment policy be
followed. The policy also provides for the assessments to be levied as direct and indirect benefits
62
based upon abutting frontage. A summary of the estimated costs and proposed assessments,
based upon the City’s assessment policy for alley improvements is as follows:
Estimated Costs
Construction Costs $34,000.00
Contingency (20%) $7,000.00
Subtotal $41,000.00
Engineering/Administration (12%) $5,000.00
Capitalized Interest (8%) $4,000.00
Subtotal $9,000.00
TOTAL $50,000.00
Revenue Sources
Special Assessments $50,000.00
Alley Improvement Project Timetable:
Should the City approve the City Engineer’s Report, it is anticipated that the following schedule
could be met:
- City Engineer’s Report to City Council, Council sets date July 20, 1998
for Public hearing and Assessment Hearing.
- Staff holds informational meeting with residents Early August
- City Council holds Public Hearing and Assessment Hearing August 17, 1998
- Advertise for Bids August / September
- Bid Opening September 15, 1998
- End of 30 day appeal period on assessments September 17, 1998
- Bid Tab Report to Council, Council can award the Bid and order September 21, 1998
the Project or delay the Project if there are any assessment appeals
- Construction September 28 thru
October 30, 1998
Feasibility: The project, as proposed herein, is necessary, cost effective and feasible under the
conditions noted and at the costs estimated.
63
Note: Staff will schedule an informational meeting prior to the Public Hearing / Assessment
Hearing, and will notify the City Council of the meeting place and time.
Attachments: Resolution
Plan
Property Owner List with Estimated Assessments
Prepared by: Carlton B. Moore
Approved by: Charles W. Meyer, City Manager
64
RESOLUTION NO. __________
RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 94-23,
ESTABLISHING IMPROVEMENT HEARING AND ASSESSMENT HEARING
FOR AUGUST 17, 1998, AND AUTHORIZING STAFF TO
SPONSOR A NEIGHBORHOOD INFORMATIONAL MEETING
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer related to the alley paving in the 3700 Block of France Avenue and Glenhurst
Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City Engineer’s Report regarding the alley paving in the 3700 Block of France
Avenue and Glenhurst Avenue - Project No. 94-23 is hereby accepted.
2. The proposed project, designated as Project No. 94-23 is hereby established.
3. Establish an improvement hearing and assessment hearing to be held on August 17, 1998
for affected property and business owners.
4. Authorize staff to hold a neighborhood meeting for those owners.
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration:
City Manager
65
66
City of St. Louis Park
City Council Agenda Item # 8f
Meeting of July 20, 1998
8f. Resolution Authorizing the Issuance and Sale by the City of Its Nursing Home
Revenue Bonds, Series 1998 (for the Shalom Home West, Inc. Project),
Authorizing Execution of an Indenture of Trust, a Loan Agreement, a
Purchase Contract and Related Documents, All Relating to Said Bonds, and
Authorizing Other Action to be Taken with Respect to the Issuance, Sale and
Delivery of Said Bonds
The resolution would give final approval to the sale of the revenue bonds and
refunding revenue bonds for the Sholom Home West Project, Inc.
The actual sale will occur during the day on July 20th. Because of this the
resolution attached is only a draft. A final and complete resolution will be
distributed at the Council meeting.
Recommended
Action:
Motion to approve the resolution.
Background:
The City Council approved a resolution on July 6th which gave preliminary approval to the
project and its financing. Proceeds from the sale of the bonds will be used, together with funds
supplied by Shalom Home West, Inc., to refinance an existing real estate mortgage loan, fund a
debt service reserve and pay issuance costs.
The City first authorized the issuance of $8,000,000 in mortgage revenue bonds for this project in
1989. The refunding bonds will become subject to the City’s administrative fee for private
activity bonds of 1/8 of 1% of the outstanding balance.
Paul Tietz, the City’s Bond Counsel, and representatives from Shalom Community Alliance will
attend the Council meeting and be available to answer any questions.
Attachments: Resolution
Prepared by: Kathleen McBride, Director of Finance
Approved by: Charles W. Meyer, City Manager
67
RESOLUTION NO. 98-____
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF ITS
NURSING HOME REVENUE BONDS SERIES 1998 (SHOLOM HOME WEST, INC.
PROJECT) AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, A LOAN
AGREEMENT, A PURCHASE CONTRACT AND RELATED DOCUMENTS, ALL
RELATING TO SAID BONDS, AND AUTHORIZING OTHER ACTION TO BE
TAKEN WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SAID
BONDS
BE IT RESOLVED by the City Council (the “Council”) of the City of St. Louis Park,
Minnesota (the “City”), as follows:
1. It has been proposed that the City issue, under its Home Rule Charter (its
“Charter”), Minnesota Statutes, Chapter Sections 469.152 through 469.1651, as amended (the
“Act”), its Nursing Home Revenue Bonds Series 1998 (Sholom Home West, Inc. Project) (the
“Series 1998 Bonds”), to refinance a Project located in the City by loaning the proceeds thereof
to Sholom Home West, Inc., a Minnesota nonprofit corporation, (the “Borrower”), which will
use the proceeds to (i) refinance the current outstanding principal amount of an existing taxable
mortgage in the current outstanding principal amount of $6,076,139.96 (the “Existing
Mortgage”); (ii) fund a reserve fund for the benefit of the Series 1998 Bonds; and (iii) pay certain
expenses incurred in connection with the issuance of the Series 1998 Bonds and the refunding of
the Existing Mortgage. The Council adopted a resolution on July 6, 1998, giving preliminary
approval to the issuance of bonds under the Act to finance the Project and that approval is hereby
confirmed and ratified. Drafts of the following documents relating to the Project and the Series
1998 Bonds have been submitted to the Council and are now, or shall be placed, on file with the
City Clerk:
(a) Loan Agreement to be dated as of July 1, 1998 (the “Loan Agreement”),
proposed to be made and entered into between the City and the Borrower;
(b) Bond Trust Indenture to be dated as of July 1, 1998 (the “Bond Indenture”),
proposed to be made and entered into between the City and Firstar Bank of Minnesota,
N.A., as trustee (the “Bond Trustee”);
(c) Mortgage, Security Agreement and Fixture Financing Statement dated as of
July 1, 1998 (the “Mortgage”) by and between the Borrower and the City, to be assigned
by the City to the Trustee;
(d) Assignment of Leases and Rents, dated as of July 1, 1998 (the “Assignment”)
by and between the Borrower and the Issuer, to be assigned by the Issuer to the Trustee;
(e) Preliminary Official Statement (the “Preliminary Official Statement”), relating
to the Series 1998 Bonds.
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2. It is hereby found, determined and declared that:
(a) the real and personal property comprising the Project constitutes a “project”
authorized by the Act, and the refinancing of the Project, including without limitation the
refunding of the Existing Mortgage, constitutes a public purpose not prohibited by law for
which the City may authorize and issue its revenue bonds;
(b) the purpose of the Project is, and the effect thereof will be, to retain and
improve necessary health care facilities so that adequate health care services are available
to residents of the State of Minnesota, including residents of the City, at a reasonable cost
and to promote the public welfare by the attraction, encouragement, retention and
development of economically sound industry and commerce so as to prevent, so far as
possible, the emergence of blighted and marginal lands and areas of chronic
unemployment; the development and retention of industry to use the available resources
of the community in order to retain the benefit of its existing investment in resources of
the community in order to retain the benefit of its existing investment in educational and
public service facilities; and halting the movement of talented, educated personnel of
mature age to other areas and thus preserving the economic and human resources needed
as a base for providing governmental services and facilities;
(c) the Project, prior to the issuance of the Series 1998 Bonds, has been or shall be
approved by the Department of Trade and Economic Development of the State of
Minnesota;
(d) the refinancing of the Project, the issuance and sale of the Series 1998 Bonds,
the execution and delivery of the Loan Agreement, the Bond Indenture, the Purchase
Contract, the Mortgage and the Assignment and the performance of all covenants and
agreements of the City contained in the Loan Agreement, the Bond Indenture, the
Mortgage, the Assignment and the Purchase Contract and of all other acts and things
required under the City’s Charter and the Constitution and laws of the State of Minnesota
to make the Loan Agreement, the Mortgage, the Assignment, the Bond Indenture, the
Purchase Contract, and the Series 1998 Bonds valid and binding obligations of the City in
accordance with their terms are authorized by the Act and the City’s Charter;
(e) the loan payments provided for in the Loan Agreement are fixed, and required
to be revised from time to time as necessary, so as to produce income and revenue
sufficient to provide for prompt payment of principal of, premium, if any, and interest on
the Series 1998 Bonds when due, and the Loan Agreement also provides that the
Borrower is required to pay all expenses of the operation and maintenance of the Project;
(f) the payments under the Loan Agreement are secured by the Mortgage and the
Assignment;
(g) it is desirable that the Series 1998 Bonds issued by the City upon the terms set
forth herein and in the Bond Indenture, under the provisions of which the City will pledge
and grant a security interest in the City’s interest in the Loan Agreement and the
69
payments thereunder (except for certain expenses and indemnification), and will assign
and endorse the Mortgage and the Assignment (without recourse or warranty) to the Bond
Trustee as evidence of and security for the payment of principal of, premium, if any, and
interest on the Series 1998 Bonds;
(h) under the provisions of Minnesota Statutes, Section 469.162(1), and as
provided in the Loan Agreement and Bond Indenture, the Series 1998 Bonds are not to be
payable from nor charged upon any funds of the City other than the revenue pledged to
their payment, nor is the City subject to any liability thereon; no holders of the Series
1998 Bonds shall ever have the right to compel any exercise of the taxing power of the
City to pay any of the principal of, premium, if any, or interest on the Series 1998 Bonds;
the Series 1998 Bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City; and each Series 1998 Bond issued under the
Bond Indenture shall recite that the Series 1998 Bonds, including interest thereon, are
payable solely from the revenue pledged to the payment thereof and that no Series 1998
Bond shall constitute a debt of the City within the meaning of any constitutional or
statutory limitation; and
(i) the Series 1998 Bonds are not issued to run for longer than the reasonable life
expectancy of the property or improvement for which the Series 1998 Bonds are
authorized within the meaning of the City’s Charter, and, in any case, the Series 1998
Bonds are not issued to run for more than thirty years.
3. The forms of Loan Agreement, Bond Indenture, Purchase Contract, Mortgage,
Assignment and Preliminary Official Statement referred to in paragraph 1 are approved. The
Loan Agreement, Bond Indenture, Mortgage, Purchase Contract and Assignment, the Official
Statement (the “Official Statement”), in substantially the form of the Preliminary Official
Statement, with such variations, additions and deletions, not inconsistent with this resolution, the
City’s Charter, the Act or other law, as the executing officers may hereafter deem appropriate,
such determination to be conclusively evidenced by the execution and delivery thereof, are
hereby approved and the Mayor and the City Manager are hereby authorized and directed to
execute and deliver such documents in final form in the name and on behalf of the City with or
without the official seal of the City impressed thereon and attested to by the City Clerk. The
Council ratifies, confirms and approves the circulation of the Preliminary Official Statement, and
authorizes the distribution of the Official Statement, by the Underwriters to dealers and
prospective purchasers of the Series 1998 Bonds. For purposes of Section 147(f) of the Internal
Revenue Code of 1986, as amended, the Series 1998 Bonds are hereby approved by the Council,
an elected legislative body of the City, after a public hearing held July 6, 1998, for which
reasonable public notice was given.
4. In anticipation of the collection of payments under the Loan Agreement, the City
shall proceed forthwith to issue the Series 1998 Bonds, in one or more series, in the maximum
aggregate principal amount of $7,000,000, plus such additional principal amount, if any, which
results from the issuance of Series 1998 Bonds at an original issue discount. The form and terms
of the Series 1998 Bonds shall be as set forth in the Bond Indenture including, without limitation,
70
the extraordinary optional redemption provisions, which terms are for this purpose incorporated
in this resolution and made a part hereof. The Series 1998 Bonds shall be subject to optional
redemption but may contain provisions limiting optional redemption for up to ten years from the
date of issuance and may require an optional redemption premium not greater than four percent
(4%) of the principal amount of Series 1998 Bonds to be redeemed. The Series 1998 Bonds shall
bear interest at rates such that the average stated interest rate of all the Series 1998 Bonds does
not exceed 5.75% or the maximum rate otherwise provided by law. No Series 1998 Bond shall
be initially offered to the public at a discount greater than 2.0% of the original principal amount
thereof. The specific maturities of the Series 1998 Bonds, principal amount per maturity of the
Series 1998 Bonds, and mandatory sinking fund installment amounts of the Series 1998 Bonds
which are term bonds, shall be set forth in the Purchase Contract as executed and delivered by
the Obligated Group, and shall be in such years and in such amounts as is necessary to provide
approximately level debt service through the life of the Series 1998 Bonds. In no event shall the
Series 1998 Bonds be issued to run for more than thirty years. The aggregate principal amount of
the Series 1998 Bonds herein authorized may be reduced to an amount deemed sufficient by the
Borrower to refund the Existing Mortgage, to fund a reserve fund as provided in the Bond
Indenture, and to pay expenses incurred in connection with the issuance of the Series 1998
Bonds. The Series 1998 Bonds shall contain a recital that they are issued pursuant to the City’s
Charter and the Act and such recital shall be conclusive evidence of the validity and regularity of
the issuance thereof. The Mayor, the City Manager and City Clerk are authorized and directed to
prepare and execute by manual or facsimile signature the Series 1998 Bonds as prescribed in the
Bond Indenture and to deliver them to the Bond Trustee, together with a certified copy of this
resolution and other documents required by the Bond Indenture, for authentication and delivery
to the Underwriters. The Bond Trustee is hereby appointed authenticating agent with respect to
the Series 1998 Bonds pursuant to Minnesota Statutes, Section 475.55, and the certificate of
authentication on the Series 1998 Bonds shall evidence authentication of the Series 1998 Bonds
under this authority.
5. The Mayor, City Manager, City Clerk and any other officers of the City are
authorized and directed to prepare, execute and furnish, upon issuance of the Series 1998 Bonds,
certified copies of all proceedings and records of the City relating to the Series 1998 Bonds, and
such other affidavits and certificates as may be required to show the facts relating to the legality
of the Series 1998 Bonds as such facts appear form the books and records in the officers’ custody
and control or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, may be executed by one or more of such officers
and shall constitute representations of the City as to the truth of all statements contained therein.
The Mayor, City Manager, City Clerk and any other officers of the City are further authorized to
execute, deliver and receive all such other documents, certificates and agreements which are
required by the Bond Indenture, the Loan Agreement, the Series 1998 Bonds, the Mortgage, the
Assignment or the Purchase Contract, or which are necessary or desirable to carry out, give effect
to and consummate the transactions contemplated therein or herein or described in the
Preliminary Official Statement or the issuance of the Series 1998 Bonds.
6. The approval hereby given to the various documents referred to above includes an
approval of such additional details therein as may be necessary and appropriate and such
71
modifications thereof, deletions therefrom and additions thereto, not inconsistent with this
resolution, the City’s Charter, the Act or other law, as may be necessary and appropriate and
approved by the City’s Bond Counsel prior to the execution of the documents. The execution of
any instrument by the appropriate officer or officers of the City herein authorized shall be
conclusive evidence of the approval of such documents in accordance with the terms hereof. In
the absence of the Mayor, City Manager or City Clerk, any of the documents authorized by this
resolution to be executed may be executed by the Acting Mayor, Acting City Manager or Acting
City Clerk, respectively.
7. The proposal of the Underwriters to purchase the Series 1998 Bonds upon the terms
and conditions set forth in the proposed Purchase Contract, and at a purchase price equal to an
amount not less than 98% of the aggregate original principal amount of the Series 1998 Bonds
issued less original issue discount to be initially offered to the public (subject to the limitations
provided herein) plus accrued interest, is hereby found and determined to be reasonable and is
hereby accepted and the execution and delivery thereof by the Mayor and City Manager in the
name and on behalf of the City is hereby authorized, directed and approved.
8. It is hereby found and determined that the reasonably anticipated amount of tax-
exempt obligations, other than obligations described in Section 265(b)(3)(c)(ii) of the Internal
Revenue Code of 1986, as amended (the “Code”), which will be issued by the City in calendar
year 1998 does not exceed $10,000,000. The City does hereby designate not to exceed
$3,000,000 aggregate principal amount of the Bonds for the purposes of Section 265(b) of the
Code, which designated amounts shall be such whole maturities in such final principal amounts,
not to exceed $3,000,000 in the aggregate as set forth in the Bond Indenture.
9. This resolution shall be effective immediately upon its final adoption.
PASSED by the City Council of the City of St. Louis Park, Minnesota, this 20th day of
July, 1998.
Attest:
City Clerk Mayor
Reviewed for Administration:
City Manager
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City of St. Louis Park
City Council Agenda Item # 8g*
Meeting of July 20, 1998
*8g. Resolution Authorizing Execution of Sub-Grant Agreement with FEMA
Resolution authorizing the City Manager or the Fire Chief to enter into a sub-grant
agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled “Infrastructure Program for
FEMA 1225 DR Minnesota”
Recommended
Action:
Motion to adopt the resolution.
Background:
All state and local governments, school districts, certain private non-profit organizations, and
Indian tribes are eligible to receive financial assistance under the Federal Emergency
Management Agency (FEMA) Public Assistance (Infrastructure) Program.
Under the current Presidential Declaration of Disaster that includes St. Louis Park, this assistance
is for storm-related damage that occurred between May 15-30, 1998. Under the Public Assistance
(Infrastructure) Program, the City could be reimbursed for up to 90% of eligible expenditures
(75% federal, 15% state).
Preliminary estimates of public costs, including damage to public property (buildings and
grounds), labor and equipment, are $200,000.00. This is a conservative estimate. The cost of
200 trees lost in the storm is not reimbursable by FEMA. Approximately half of the labor and
equipment expense incurred by the City as a result of storm damage may be recoverable through
this Sub-grant agreement. An application is being prepared for reimbursement of eligible
expenditures. Actual cost estimates are being tabulated by the different departments involved in
this process and will be included on the application to FEMA.
FEMA requires the City to formally identify those persons authorized to execute documents on
behalf of the City.
Attachments: Resolution
Prepared by: Robert Gill, Fire Chief
Bridgette Boche, Administrative Analyst
Approved by: Charles W. Meyer, City Manager
73
STATE OF MINNESOTA
SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB-GRANTEES
Granter Program: Federal Disaster Assistance DR-1225
EXHIBIT V
RESOLUTION
RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT
Be it resolved that the City of St. Louis Park enter into a Sub-grant Agreement with the Division
of Emergency Management in the Minnesota Department of Public Safety for the program
entitled Infrastructure Program for FEMA 1225 DR MINNESOTA.
Charles W. Meyer, City Manager or Robert Gill, Fire Chief are hereby authorized to execute and
sign such Sub-grant Agreements and amendments as are necessary
to implement the project on behalf of the City of St. Louis Park .
I certify that the above resolution was adopted by the City Council of St. Louis Park on July 20,
1998.
Attest:
City Clerk Mayor
Reviewed for Administration:
City Manager
74
City of St. Louis Park
City Council Agenda Item # 8h
Meeting of July 20, 1998
8h. Health System Minnesota (Methodist Hospital) Request for Private Use of
Public Land.
This report considers a request by Health System Minnesota (HSM) to use Public
Property at the Methodist Hospital lift station site for parking purposes.
Recommended
Action:
Motion to adopt the attached resolution approving the request by
HSM to use public property for parking purposes and authorizing
execution of a Lease Agreement for said property.
Background: In April 1998 the City received an application from HSM to use public property at
the Methodist Hospital Sanitary Sewer Lift Station Site for parking purposes. The application is
in accordance with the City’s private use of Public Property Policy and is being presented to the
City Council for consideration. Over the last few months the proposed site plan has undergone
several revisions to meet all City zoning ordinances and comply with the City’s needs for access
and maintenance on the lift station.
Discussion: HSM has proposed to use the Methodist Hospital lift station site for a 71 stall
parking lot. The proposed lot is located just north of their existing parking lot and south of the
railroad tracks. The proposed parking lot is designed to allow City crews continued access to the
Lift Station for maintenance. The proposed plan has been reviewed by the Inspections
Department and they have determined that all City codes have been met. HSM will obtain any
other necessary approvals for the proposed lot and construct the lot at their own cost.
Lease Agreement: In accordance with the City’s policy on Private use of Public Land, HSM has
requested a Lease Agreement be executed.
The general terms of the lease agreement with HSM provide for a twenty year term with the City
having the right to terminate the lease by giving one year written notice. The lease authorizes
HSM to use the property for parking and incidental uses.
For the initial lease term, the annual rent is $9,000 ($750 per month) and was negotiated by the
Finance Department. The initial rent amount was the mid-point between the City’s average
comparable of $800 per month and HSM’s of $700. Every five years the rent is increased by
15%. This is similar to the terms of the antenna leases which provide for escalators every five
years.
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HSM will also be responsible for the payment of property taxes on the parcel. A copy of the
proposed Lease Agreement is available in the City Manager’s office. The lease agreement was
developed and reviewed by the City Attorney.
Recommendation: It is recommended the City Council adopt the attached resolution approving
the request for Private Use of Public Land by Health System Minnesota at the Methodist Hospital
Lift Station Site, and authorize execution of a Lease Agreement for said property.
Attachments: Resolution
Site Location
Plan (On file with City Clerk)
Lease Agreement (On file in City Manager’s Office)
Prepared by: Carlton B. Moore, Superintendent of Engineering
Mac McBride, Finance Director
Approved by: Charles W. Meyer, City Manager
76
RESOLUTION NO. __________
RESOLUTION APPROVING THE REQUEST BY
HEALTHSYSTEM MINNESOTA (HSM)
TO USE PUBLIC PROPERTY AT THE
METHODIST HOSPITAL LIFT STATION
SITE FOR PARKING PURPOSES
WHEREAS, the City Council of the City of St. Louis Park wishes to enter into a lease
agreement with Health System Minnesota (Methodist Hospital), for the use of public property for
parking purposes located at 3901 Edgewood Avenue South; and
WHEREAS, the Director of Finance has negotiated a lease agreement with terms acceptable
to the City Council;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager be and
hereby are authorized to enter into a lease agreement with Health System Minnesota for the
leasing of public property located at 3901 Edgewood Avenue South for the purpose of parking
and incidental uses.
BE IT FURTHER RESOLVED that such lease term shall be for a period of twenty (20)
years commencing immediately with the right to increase by 15% every five (5) years with an
initial term annual rent amount of $9.000.
Attest: Adopted by the City Council July 20, 1998
City Clerk Mayor
Reviewed for Administration:
City Manager
77
Item 9a*
MINUTES
HOUSING AUTHORITY
St. Louis Park, Minnesota
June 10, 1998 - 5:00 p.m.
Council Chambers
MEMBERS PRESENT: Catherine Courtney, William Gavzy, Bridget Gothberg,
Walter Hartman, Shone Row
STAFF PRESENT: Sharon Anderson, Joanna Brownstein, Tom Harmening,
Nancy Sells, Cindy Stromberg
OTHERS PRESENT: Matthew Foli, Campbell Knutson
1. Call to Order
Chairperson Gavzy called the meeting to order at 5:03 p.m.
2. Approval of Minutes of May 13, 1998
Commissioner Courtney moved approval of the minutes of May 13, 1998. Commissioner
Hartman seconded the motion, and the motion passed on a vote of 5-0 with
Commissioners Courtney, Gavzy, Gothberg, Hartman and Row voting in favor.
3. Hearings: None
4. Reports and Committees: None
5. Unfinished Business: None
6. New Business
a. Public Housing Leases
Mr. Foli said that he and Ms. Anderson met with HUD staff to discuss revisions
and concerns raised at the May 13 Housing Authority meeting. Mr. Foli and Ms.
Anderson incorporated most revisions into the lease but explained that there were
some areas where federal regulations dictate the lease language. That language
includes "serious or repeated," and the definition of drug-related activity
specifically relating to the language, "possession with the intent to manufacture,
sell, distribute, or use."
78
There was a discussion about adding language regarding lease termination and
possession of illegal drugs. Commissioners agreed to amend item 17.s. as
follows:
Failure to assure that the Tenant, any member of the household, a
guest, or another person under the Tenant's control, shall not
engage in any drug-related criminal activity or possess illegal drugs
on or off the premises, not just on or near the premises.
The Commissioners also discussed other possible amendments to the lease,
including adding language regarding drug paraphernalia. However, no additional
changes were proposed to be made.
Commissioner Gothberg moved that the Authority approve the public housing
leases for Hamilton House and the scattered site units as amended. Commissioner
Hartman seconded the motion, and the motion passed on a vote of 5-0 with
Commissioners Courtney, Gavzy, Gothberg, Hartman and Row voting in favor.
Ms. Anderson said that the next step would be submission of the leases to HUD
for final review, to be followed by a 30-day comment period by residents. She
explained that the revised Leasing and Occupancy Plan, which is currently being
drafted, must be finalized and adopted before the lease becomes effective.
b. Update on Home Renewal Program
Ms. Brownstein reported that developers for 2916 Maryland and 2814 Blackstone
properties have been identified. She explained that staff, the Housing Authority
attorney and the builders are currently working on development agreements. Ms.
Brownstein said that staff is looking at changing the way it originally proposed the
program as both developers have indicated a strong preference for purchasing the
lots up front. Ms. Brownstein has been working with the attorney to develop
some controls to ensure performance and protection. She added that there is a
possibility that a special meeting of the Authority will need to be called prior to
July 14 to execute development agreements, particularly for 2916 Maryland.
Commissioner Gavzy noted that he would be out of town June 26 - June 30.
Ms. Brownstein said that the 2814 Blackstone house is scheduled for demolition
between June 12 and July 15. She said that the administrative zoning change is
proceeding regarding the 20 feet of property which will be sold to the adjoining
property owner.
Ms. Brownstein presented preliminary plans and sketches for the Maryland house.
She also presented photographs of homes constructed by the builder of the
Blackstone house, Al Stobbe Homes.
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Ms. Brownstein said that the 2916 Maryland house, which will be built by Sussel
Homes, has a buyer. Staff has been speaking directly with the buyer about design
issues. Ms. Brownstein shared some of staff's design concerns and suggestions
for improvement.
Mr. Harmening commented on a goal of the program to create move-up housing
with certain amenities and aesthetic features which are compatible with the
neighborhood.
There was a discussion about the value of the two proposed homes. Mr.
Harmening and Ms. Brownstein suggested that the Authority may want to
consider reducing the price of the lots slightly to allow for more aesthetic
amenities. Ms. Brownstein commented on the difference between negotiating
with a homebuyer and a developer building on spec.
Commissioner Gavzy indicated that he was in favor of lowering lot prices
somewhat to ensure the use of aesthetic design elements. He noted that he favors
emphasis on design elements rather than on materials.
There was a discussion about how the program administered by the City of
Richfield works with controls and ownership during construction. Ms.
Brownstein said that Richfield typically will do different deals with different
builders.
Ms. Brownstein said that she is currently looking for a third house to include in
the pilot round of the program. She mentioned that she is also looking for houses
for the Habitat for Humanity program.
Commissioner Hartman mentioned some St. Louis Park properties which are
currently for sale.
c. Housing Authority Action Plan
Commissioner Courtney asked if the one year plan was overly ambitious for that
time period. Ms. Brownstein responded that many of the items outlined are
already in place or are on-going discussion items. Mr. Harmening responded that
while the program may seem ambitious, staff felt that it was a reasonable
assessment of what could be accomplished. He agreed to let the Board know if
any parts of the plan became unmanageable as the year goes on.
Ms. Brownstein commented on her recent meeting with the Mpls. Public Housing
Authority regarding Hollman funds. She said that her impression is that obtaining
the Hollman funds won't be difficult, but figuring out how to use them will be the
challenge.
80
Commissioner Hartman requested that the Authority discuss the possibilities for
Hollman funds at upcoming meetings.
In regards to the Action Plan, Ms. Brownstein said that she is beginning to
investigate expanding the City's/Housing Authority's housing rehab programs.
Mr. Harmening added that the Council expects several new programs to get
underway in the next year.
Ms. Brownstein identified other action items currently in discussion which
include the monitoring of 4d properties, TRAILS funding, administrative fee
analysis, institution of uniform program policies, welfare reform programming,
and reorganization of staff structure. New action items include community
outreach and work with neighborhood associations.
Commissioner Gavzy suggested that the Authority be provided with a monthly
report updating progress on the one year action items.
Mr. Harmening said that staff would provide such a report.
Mr. Harmening said he would try to schedule the Housing Authority for the
August 10, City Council study session to present the Authority's final mission
statement, vision elements document and action plan for Council review.
The Housing Authority Board accepted the Action Plan as presented.
d. Monitoring Services - Minnesota 4d Property Tax Classification
Mr. Harmening reported that by providing monitoring services of participating 4d
units in St. Louis Park, the Authority could generate about $3,000 this year, and
about $6,000 in the first full year of operation (1999). He said that Ms. Stromberg
has agreed to conduct monitoring visits each year of 25% of the 4d properties in
St. Louis Park. The supplemental income will assist in budgetary constraints
associated with the Section 8 program.
Commissioner Gothberg moved that the Authority authorize execution of the 4d
Property Tax Monitoring Agreement with the Minnesota Housing Finance
Agency. Commissioner Hartman seconded the motion, and the motion passed on
a vote of 4-0 with Commissioners Courtney, Gavzy, Gothberg and Hartman
voting in favor. (Note: Commissioner Row left the meeting at 6:05 p.m.)
e. Public Housing Management Assessment Program - Resolution No. 445
Commissioner Courtney requested that item 3 of Resolution No. 445 be amended
to read as follows:
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3. That the Chairman is hereby authorized to execute the attached
HUD Form 50072 and that the Executive Director is hereby
authorized to attest to the signature and such execution is hereby
ratified and affirmed.
Commissioner Courtney moved adoption of Resolution No. 445 as amended.
Commissioner Gavzy seconded the motion, and the motion passed on a vote of 4-
0 with Commissioners Courtney, Gavzy, Gothberg and Hartman voting in favor.
f. TRAILS - Authorization of Contract and Update
Mr. Harmening reviewed the remarks regarding TRAILS fundraising which were
made by consultant Curt Peterson at the Authority's May meeting. He reported
that staff has met twice with Employment Action Center and Plymouth HRA
since the Authority's May meeting. Mr. Harmening said that staff is proposing
running a dual track approach for TRAILS: 1) solicit HUD funding for a
transitional period and, 2) investigate ways to fundamentally change how
TRAILS operates such as transferring the administration of the program to a non-
profit agency with the Authority providing the escrow. Mr. Harmening reported
that EAC has been asked if the agency would consider this approach. EAC will
meet again with staff to continue this discussion. He explained that EAC
understands the contract is being extended for one more year so that HUD funding
can be pursued and to provide time to reshape the program if HUD funding is not
available. Mr. Harmening said that all parties understand that even if HUD
funding becomes available, long term funding still needs to be addressed.
Commissioner Gavzy moved that the Authority authorize renewal of the TRAILS
contract for one year at a total budget amount not to exceed $50,000.
Commissioner Hartman seconded the motion, and the motion passed on a vote of
4-0 with Commissioners Courtney, Gavzy, Gothberg and Hartman voting in favor.
g. Administrative Plan for Section 8 Certificate and Voucher Programs
Ms. Stromberg said that staff is presenting the plan for initial review and
questions, with the intention that it be adopted at the July meeting.
Commissioners asked that the item be placed on the July agenda for formal
adoption.
h. Section 8 Consolidated Annual Contributions Contract Amendment
Commissioner Courtney moved that the Authority authorize execution of the
Section 8 Consolidated Annual Contributions Contract Amendment.
Commissioner Gavzy seconded the motion, and the motion passed on a vote of
4-0 with Commissioners Courtney, Gavzy, Gothberg and Hartman voting in favor.
82
i. Application for CIAP Funding
Ms. Anderson explained that the report was provided in anticipation of a proposed
funding application to HUD for CIAP monies to allow for physical improvements
to be made to Authority properties. Ms. Anderson said that the detailed list of
work items attached to the report represents a total amount of $681,400. She said
there may be one or two additional work items which will be added, as well as
dollars allocated for architectural fees and administrative costs.
Mr. Harmening said that Ms. Anderson and a consultant identified the work items.
Commissioner Courtney commented that some of the dollar figures seem quite
high. Ms. Anderson responded that the Authority is required to use Bacon Davis
wage rates which can increase the cost somewhat. Ms. Anderson said that specs
and bids would be prepared for the work items. Bids will then be solicited and
certainly could come in under the estimates.
Commissioner Gavzy asked if staff time for preparing specs and bids could be
reimbursable. Ms. Anderson responded that specs and bids would be prepared by
the architect and that the budget would include a line item for architectural fees
and administrative staff time.
Commissioner Hartman asked about CIAP's status with HUD. Ms. Anderson said
that CIAP funds have been reduced but she hasn't heard that the program is in
jeopardy of being cut entirely.
Commissioner Gothberg moved that the Authority authorize submittal of a CIAP
application to HUD. Commissioner Hartman seconded the motion, and the
motion passed on a vote of 4-0 with Commissioners Courtney, Gavzy, Gothberg
and Hartman voting in favor.
7. Communications from Executive Director
a. Claims List No. 98-6
Commissioner Hartman moved approval of Claims List 98-6 in the amount of
$154,856.69. Commissioner Gothberg seconded the motion. Commissioner
Gavzy asked for a breakdown of fees for the Campbell Knutson claim. He asked
also for the total amount of legal fees for the eviction proceeding. Mr. Harmening
said he needed to compile the total for eviction proceedings and would provide
that amount to Commissioner Gavzy. Mr. Harmening said that $780.00 in the
June claim was for eviction proceedings, $1,800 was for lease review, and the
remainder was for miscellaneous items.
83
The motion to approve the claims list passed on a vote of 4-0 with Commissioners
Courtney, Gavzy, Gothberg and Hartman voting in favor.
b. Communications
(1) Monthly Report for June, 1998
The report was accepted and filed.
(2) Scattered Site Houses and Hamilton House Update
Mr. Harmening and Ms. Anderson reported on recent storm related issues.
8. Other
Mr. Harmening reported that the reorganization analysis with AVI has begun. AVI met
with staff on June 8 and 9 and will return to St. Louis Park to meet with staff two more
times before providing recommendations to Mr. Harmening in mid-August.
9. Adjournment
Commissioner Hartman moved to adjourn the meeting at 6:40 p.m. Commissioner
Gothberg seconded the motion, and the motion passed on a vote of 4-0 with
Commissioners Courtney, Gavzy, Gothberg and Hartman voting in favor.
Respectfully submitted,
________________________
Walter Hartman
Secretary
min-june:c\hsg
84
Item 9b*
MINUTES
NEIGHBORHOOD REVITILIZATION COMMISSION
JUNE 10, 1998 – 7:00 P.M.
Community Room
MEMBERS PRESENT: Shirley Bell, Kellene Campbell-Duerksen, Dorothea Moga, Belinda
Pinney, and Tom Powers
MEMBERS ABSENT: Julie Hart
STAFF PRESENT: Jan Loftus, Administrative Secretary; and Rebecca Belz, Recording
Secretary
1. Call to Order/Roll Call:
Co-chair Pinney called the meeting to order at 7:03 p.m. Mrs. Belz, the Recording
Secretary, called roll. Julie Hart was absent.
Co-chair Pinney made note of the times allotted for each topic and appointed Commissioner
Moga as the process observer.
2. Approval of Agenda:
Co-chair Pinney requested that item A. under Unfinished Business be removed from the
agenda.
Commissioner Moga noted that she had spoken with Mayor Gail Dorfman, the City Council
Liaison, that day who concurred with Commissioner Bell’s observation that it is not
appropriate or legal for the Commission to remove a Commissioner or ask them to resign.
Mayor Dorfman said that it is the place of the City Council to appoint and remove
Commissioners.
The Commission concurred that the discussion regarding Tom Powers’ place on the
Commission is monopolizing too much time that could be spent on other business. The
Commission agreed that the situation had been discussed, Commissioners are informed, and
that no further action or discussion would be necessary.
Shirley Bell moved, seconded by Kellene Campbell-Duerksen to remove item A.,
Commissioner Powers’ status on the NRC, under Unfinished Business from the agenda.
Motion carried unanimously.
85
Co-chair Pinney requested to add item C. under Miscellaneous to discuss a proposed letter
to past neighborhood leaders recruiting their service as commissioners on the NRC.
Dorothea Moga moved, seconded by Shirley Bell to accept the agenda as amended.
Motion carried unanimously.
3. Reports/Comments:
A. Staff
Mrs. Loftus reported that to-date, the City has received 19 applications for the
Community Outreach Liaison and several more should be received before the
closing date.
Mrs. Loftus also reported attending a Neighborhood Block Captain meeting where
the main topics were to organize participants in the Parktacular parade and to
promote National Night Out August 4, 1998.
B. Commissioners
No reports from the Commissioners.
C. Subcommittee Reports – Committee goals and work plans:
1. Communication Committee:
Commissioner Moga reported that Widdy Shreves has agreed to participate
on the committee. She has also contacted the City Cable office for their
interest to serve on the committee. John McHugh and Reg Dunlap will be
getting back to her.
Commissioner Moga also reported that she had met with the Co-chairs to
review some forms and information that may help coordinate and organize
the subcommittees.
2. Grants Committee:
Commissioner Pinney reported that in response to the discussion at the last
meeting regarding the importance of holding a forum for grant information,
she and Commissioner Bell identified four main areas of concern from the
surveys. These areas include:
1. Effective recruitment.
2. Legal issues.
3. How-to book referring to who to contact at the City, etc.
4. List of resources and ideas to keep organized.
86
Co-chair Pinney acknowledged that the only connection between the surveys
and questions about grants was that there were requests for ideas and
activities for neighborhoods.
Commissioner Campbell Duerksen suggested looking at the minutes from
the last Leaders’ Forum for additional information.
Commissioner Powers entered the meeting at 7:23 p.m.
Commissioner Bell suggested the idea to recognize the neighborhood
volunteers with a dinner of some kind. She believed that each neighborhood
has a core group that does most of the serving and believed that recognition
will help enthusiasm and encourage continued service. Mrs. Loftus
explained that the the City held a recognition event for Board and
Commission members last December and suggested that the neighborhood
leader recognition could be combined with such an event if it is to be an
annual affair.
Commissioner Bell also noted her support in continuing financial support to
help neighborhoods in continuing their newsletters and communication
efforts. She posed a question regarding the grant program and whether
funds for that category are tiered to discontinue after a set amount of time.
She suggested this be confirmed and re-visited when the grant program is
reviewed.
A question was also raised regarding the Browndale neighborhood’s request
for funds for a walking path and if it had been denied. It was clarified that
the Commission approved the request contingent on the letter of
feasibility/approval from the Parks and Recreation department.
3. Neighborhood Organization Committee:
Co-chair Campbell-Duerksen had nothing to report
4. Approval of Minutes of May 27, 1998:
Hearing no changes, Dorothea Moga moved, seconded by Kellene Campbell-Duerksen, to
approve the minutes of the May 27, 1998 Neighborhood Revitalization Commission
Meeting as presented. The motion carried unanimously.
5. Unfinished Business:
The Commission briefed Tom Powers that the Commission concurred to consider the
matter of his involvement with the Commission closed. The Commissioners did not
believe it was the place of the Commission to appoint or remove commissioners.
87
Finalization of Goals of Subcommittees:
1. Communication Committee:
Commissioner Moga reported that she is having some difficulty finalizing
the goals and work plan of the subcommittee because she believes the
committee should be formed and consulted first. She reported that Widdy
Shreeves has agreed to participate and that she is waiting to hear back from
the Cable TV office if John McHugh or Reg Dunlap would participate. She
also noted that Shirley Bell might be a part of the subcommittee.
Commissioner Moga reported that her subcommittee might participate in
producing a newsletter that would include information from neighborhoods
that would be distributed to all residents. She explained that it could be
coordinated by a member of her subcommittee and recognized that it would
have to be coordinated through certain City staff.
The Commission discussed this topic and some possibilities in publishing
such a newsletter. Several suggestions were offered and will be further
addressed by the subcommittee.
2. Grant Committee
Commissioner Pinney reported that the goals of the subcommittee
have changed since the original draft mainly due to Joanna
Brownstein’s excellent execution of the program. She and
Commissioner Bell had streamlined the plan to include the
following:
a.) Meet with Joanna Brownstein to discuss the evaluation program.
b.) Decide whether a forum on the grant program is appropriate,
then organize if deemed so.
c.) Attend any grant-related meetings.
d.) Define other possible duties during the off season to be:
i.) Generally strengthen weaker neighborhoods.
ii.) Possible newsletter.
iii.) Recognition idea.
iv.) Consult with Parks and Recreation to follow-up on grant
issues.
Commissioner Bell verbalized a conversation she had with several
residents of her neighborhood and how they will invite friends and
members of the mother’s group of the Minikahda Vista
neighborhood to their next party. There, they will suggest a
partnership with the neighborhood. They all seemed excited about
the prospect.
88
Commissioner Campbell-Duerksen noted that she has received calls
from lapsed neighborhoods like Minikahda Vista who would like to
reorganize. She believed reorganizing lapsed neighborhoods should
be high on the subcommittee’s list of priorities.
3. Neighborhood Organization Committee:
Commissioner Campbell-Duerksen reported that, at the time, there
were only two members on the subcommittee, herself and
Commissioner Powers. She reviewed the goals and work plan they
had devised as follows:
a.) Organize remaining neighborhoods.
b.) Reorganize/revitalize lapsed neighborhoods.
c.) Give active support to neighborhoods.
d.) Obtain evaluations on each neighborhood from Council
members and other contacts to discern areas of need.
Commissioner Powers reported speaking with Councilmember, Sue
Sanger, who told him that the Blackstone neighborhood seemed
interested in getting organized. The subcommittee will try to arrange
a meeting in July for that neighborhood.
Commissioner Powers also noted that follow-up is an important
aspect of the organizing process. He believed the committee and/or
Commission should continue efforts in this area.
Commissioner Campbell-Duerksen added that the subcommittee
might try to conduct more than two organizational meetings for the
remainder of the year. They may try to conduct two in September if
possible. They were thinking of possibly holding an organizational
type meeting and perhaps a re-organization meeting for a lapsed
neighborhood.
This topic was concluded by Commissioner Moga confirming that the original
intent of the subcommittee concept was to eliminate having to hold a formal
meeting the second part of the month by having subcommittees address items during
the remainder of the month. The subcommittees would then make a report of their
progress at the regular business meeting. It was also requested that the
subcommittee heads provide a written outline of the goals and work plans as stated
for the next meeting.
6. New Business
A. Letter Regarding Recruiting Past Neighborhood Leaders to Serve on the
Commission:
89
Commissioner Bell verbalized her idea to send a letter to past neighborhood leaders
inviting them to serve on the Commission or to refer individuals who may be
interested. The Commission was in agreement that this was a good idea and
believed that it should be done as soon as possible given the current vacancy and the
additional position that will be open in August.
Mrs. Loftus will check with Tom Harmening on the proper procedure, check
whether it should come from staff or Council, draft a letter, review it with
Commissioner Bell and mail it prior to the next meeting.
7. Miscellaneous:
A. Neighborhood Watch Newsletter:
This was attached for information. Again, the Commission commended the single-
handed efforts of Lori Dreier.
B. Resignation Letter:
Belinda Pinney’s letter of resignation was included in the packet for information.
Her last meeting will be July 22, 1998. The Commission thanked Commissioner
Pinney for her service and commended her efforts on the Commission.
8. Agenda:
Items for discussion at another meeting include but are not limited to:
A. Finalization of Goals and work plans of the subcommittees.
B. Update on the letter to past neighborhood leaders.
C. Update on Volunteer Recognition Party.
8. Evaluation:
The Commission briefly evaluated the meeting. Most agreed this meeting ran smoothly and
that times were accurately outlined. Commissioner Campbell-Duerksen noted that
meetings are constantly improving. Commissioner Moga noted that she missed
Commissioner Hart’s input and believed more effort should be made in raising hands to be
recognized. Commissioner Bell believed that raising hands was distracting and interrupted
the flow of meetings but believed this meeting ran smoothly. Co-Chair Pinney believed the
hand-raising issue was not a distraction at this meeting and that improvement could still be
made in abiding by the agenda. Commissioner Powers believed the meeting ran smoothly.
9. Adjournment:
Co-chair Pinney adjourned the meeting at 8:45 p.m.
90
Respectfully Submitted,
Rebecca L. Belz
Recording Secretary
ATTEST:
Jan Loftus
Administrative Secretary
91
Item 9c*
MINUTES
PLANNING COMMISSION
JUNE 17, 1998 --7:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette (arrived at 7:10 p.m.), Ken Gothberg,
Dennis Morris, Sally Velick, Michael Garelick
MEMBERS ABSENT: Deb Bohn, Paul Carver
STAFF PRESENT: Judie Erickson, Tom Harmening, Janet Jeremiah, Janice Loftus
1. Call to Order - Roll Call
Chair Morris called the meeting to order at 7:00 p.m.
2. Approval of Minutes of June 3, 1998
Ms. Velick referred to page 3, paragraph 8, and said that she recollects that Mr. Mevissen
stated the hours of night deliveries would be 9:00 p.m. to 6:00 a.m. Mr. Garelick
concurred. The secretary was asked to check the tape to clarify the times for night
deliveries.
Mr. Garelick moved approval of the Planning Commission Minutes of June 3, 1998 with
a clarifiction of the hours of night deliveries noted above. Mr. Gothberg seconded the
motion and the motion passed on a vote of 3-0-1 with Gothberg, Garelick and Velick
voting in favor and Chair Morris abstaining.
3. Public Hearing
A. Case No. 98-12-CP -- Amendment to Comprehensive Plan which would
redesignate a portion of the Hutchinson Spur property to relocate a future trail to
adjacent City park property and, if necessary, School District property.
Janet Jeremiah, Planning Manager, presented a staff report and asked Barry Warner of
SRF Consulting to make a presentation on the regional trail to view the context of the
proposed Comprehensive Plan amendment.
Mr. Warner made a presentation of the proposed trail and explained the design
refinements since the meeting at Aquila School on April 28, 1998. He stated that a
portion of the funding for the project came from Federal transportation funds. The
$500,000 Federal grant that the City received for the trail sunsets at the end of the year.
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Submission and full approval of the plan from the Minnesota Department of
Transportation must be obtained by the end of 1998 to prevent the funds from sun setting.
At this point, the project is at the preliminary design stage. He identified the alignment of
the trail and stated the need to refine the alignment, establish a profile, survey topography
and mapping by the end of July, 1998. He said they need to proceed with preparing a
detailed design and hopefully submit the first draft of the final design on or about
September, 1998. The plan would be reviewed and final approval is expected by January,
1999. If that schedule is adhered to, there would be public bids for contractors and
construction would commence in spring, 1999 with completion estimated for November,
1999.
Ms. Jeremiah indicated that a Comprehensive Plan Amendment was necessary to move a
current trail designation that is in the Comprehensive Plan, a land use policy document.
Staff is recommending that the designation be moved from a portion of the Hutchinson
Spur property onto the adjacent public property. In looking at the potential impact of this
Comprehensive Plan amendment, staff had considered the impacts of designating the trail
onto Aquila Park property, 31st Street right-of-way and Aquila School property. Since
there is an existing park trail through Aquila park, it appeared that the regional trail could
be aligned with the current trail alignment. However the existing trail would need to be
widened and improved and be sensitive to the existing trees on either side of the current
trail. With regard to impacts on 31st Street, Ms. Jeremiah noted that there would be stop
signs on the trail to ensure that trail users are aware of the street crossing. With regard to
impacts on Aquila School property, Ms. Jeremiah noted that the trail could be
accommodated outside of the school fence. Therefore, the school parking lot and play
courts would not be affected. Part of the trail easement north of 31st Street would also be
on the proposed single family lots.
Ms. Jeremiah explained that a housing subdivision would be considered at a public
hearing on July 1, 1998 to discuss the impacts of such a development. She indicated that
Vision St. Louis Park recommendations for move-up housing and a variety of other types
of housing are consistent with the housing proposal.
Ms. Jeremiah stated that staff recommends that the Planning Commission forward a
recommendation to the Council to redesignate a portion of the trail from the Hutchinson
Spur property on to Aquila Park, 31st Street right-of-way and Aquila school property.
However as Mr. Warner noted, it looks like North of 31st Street, a portion of the trail
would remain on the Hutchinson Spur, so it would be partially on school property and
partially Hutchinson Spur property.
In response to a question regarding the alignment of the trail south of 36th Street, Mr.
Warner had some information about the alignment of the area in question. South of 36th
Street, a portion of the trail would also be moved off of the Hutchinson Spur and onto
Phillips Parkway right-of-way.
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Ms. Bissonnette asked how active the Burlington railroad line is which is within 25 feet
of the proposed trail.
Ms. Jeremiah stated that the railroad line is very active and the design would need to be
sensitive to the impact of railroad on the trail.
Mr. Warner explained that the required 25 foot setback is determined by National
standards which allows an adequate setback from an active corridor and that, with
placement of a 54 inch fence, there can be safe compatibility between the corridor and
trail and indicated that they have met or surpassed the railroad’s requirements. He
indicated that prior to the railroad signing off with the City, the formal plan set must be
submitted for their concurrence and this will happen once a preliminary plan set is put
together in July.
Ms. Bissonnette ask how long the trail ran parallel to the railroad and stated she recently
attended a Burlington Northern safety meeting and desired that this issue be addressed by
staff.
Mr. Warner stated that the trail would parallel the Burlington Northern corridor from
about 2 blocks west of Louisiana to Highway 100 and one half of it would be within a 25-
30 foot setback.
Ms. Velick asked if the City Council was willing to use funds to acquire necessary
property or easements, what type of funds were available and how does this impact
property owners.
Tom Harmening, Community Development Director, explained that the total estimated
cost, from a construction perspective, for this project from Highway 7 to Highway 100,
including consulting fees, engineering fees and construction cost, is approximately 1.3
million. The cost of acquiring a sizable amount of the Hutchinson Spur through fee title
and easement is $506,500. It may be necessary to acquire other easements estimated at
$100,000 for a total of $1.9 million dollars. The City has received $500,000 from the
Federal government and $500,000 from the State government. The source of funds which
is proposed to fill the gap of $900,000 would consist of City/EDA dollars. The City is
contemplating using about $200,000 from the City’s utility fund (determined by City
Assessor where utility easements from the Hutchinson Spur land owner are provided as
part of the acquisition) and about $700,000 from tax increment funds which are being
received from the Victoria Ponds development project. The Tax Increment Finance (TIF)
District includes the 100 foot corridor between Victoria Ponds and Highway 7. The TIF
District was developed so that taxes from the Victoria Ponds project could be used to help
fund the trail. Mr. Harmening indicated that staff had been meeting with property
owners along the corridor from Highway 100 to Highway 7 as a means to explain the
proposed trail and the implications of the project.
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Mr. Garelick asked if there are any statistics to determine how many persons would be
utilizing the trail.
Mr. Warner stated that the City of Minneapolis had used loop detectors to determine the
amount of trail use that was there, but there were no projections on use of a future trail.
He explained that the system that was emerging would provide connections that have not
existed to date.
Mr. Gothberg asked if the proposal had been reviewed with the School Board and Park
and Recreation Commission and, given the issues of whether or not the Comprehensive
Plan amendment is approved, what happens to the funding if there are delays.
Ms. Jeremiah stated that informal discussions have taken place with School Board and
formal discussions would take place in the future. The Park and Recreation Commission
would review the plan on July 8, 1998.
Mr. Harmening stated that the project would be in jeopardy if there are any significant
delays or an inability to acquire the Hutchinson Spur property that had been agreed to by
the City and the land owner.
Mr. Gothberg asked what the status of the purchase agreement is with the land owner.
Mr. Harmening stated that negotiation had taken place with Mr. McCollough and
indicated that on June 15,1998 the City Council authorized the execution of a purchase
agreement for the acquisition of a portion of the Hutchinson Spur and easements for
$506,500 with a closing no later than June 30, 1998. If the closing is after June 30, 1998,
the City would be obligated to pay property taxes for 1999 because it would not be
considered tax exempt at that time.
Ms. Bissonnette asked Mr. Warner to explain the impact of a trail on residential areas in
other neighborhoods with an existing trail.
Mr. Warner indicated that, in his 10 years of experience, people have questioned what
affect a trail would have on property values, amount of crime and quality of life within
the community. The information gathered indicates that a trail was seen as an amenity to
home owners, and railroad corridors that have been developed as trails have seen a
decrease in crime. The communities that have backbone regional trails and systems that
are complementary provided more opportunities for community open space, connections
to schools and commercial areas from transportation and recreating capabilities.
Mr. Harmening noted that during the informational meeting held on April 28, 1998, a
large majority of the comments were positive and in favor of the development of the trail.
Chair Morris opened the public hearing at 7:55 p.m.
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Sherman Friedman, 3219 Aquila Lane was present and deferred his comments to Marcia
Oleisky of 8905 W. 34th Street.
Marcia Oleisky, 8905 W. 34th Street, President of the Aquila Neighborhood Trail
Association stated that she was not objecting to the development of the trail. She is
objecting to changing the Comprehensive Plan to move the trail from the original
designation from 1984. She presented a newspaper article from 1984 that explained the
reason for the placement of the trail. She stated that when this developer bought the land,
he knew it was designated as a trail. He knew that the trail was designated on 17 feet on
either side of the railroad spur. On his first proposal to the neighborhood he said he
would incorporate the trail as part of his building plans. Now he has changed his mind
and wants the City to move it off his property. Why should the property owner get
special treatment? We are all property owners who pay taxes, vote and are long time
citizens of St. Louis Park who will be here for a long time. This developer doesn’t live in
St. Louis Park. As citizen’s, if we came and asked for this, we wouldn’t get it. We want
to know why he is. He has been trouble since he purchased the land. He has harassed
neighbors and put up fence on the property near a resident who took him to court. He
defaced the Sholom Alliance at their entrance. He threatened and intimidated other
property owners. Why would the City consider giving a man like this special privileges?
She stated that she hopes that the property owner would sell the entire property to the
City.
Sherman Friedman, 3219 Aquila Lane, concurred with Marcia Oleisky and questioned the
favorable treatment of one individual. He raised concern for increased traffic on Aquila
Lane and believed that further study was needed to examine the impacts of the project.
He suggested tabling the issue until additional information on the total concept was
acquired.
Chair Morris asked for clarification of the 25 foot offset and where an additional track
would be placed in the future.
Mr. Warner stated that the trail was on the south side of the Burlington Northern track
and if, Burlington Northern put in an additional track, it would be placed on the north side
of the existing track.
Bill Ballweber, 3235 Aquila Lane stated that near Victoria Ponds, it is his understanding,
that the trail narrows down to just 8 feet. He noted that some of the areas around Lake
Harriet have dual trails for safety; trails for different types of path users (walking versus
bicycles and roller blades).
Mr. Harmening clarified that in the Victoria Ponds development there is a 14 foot
easement on the far south border of the project which was dedicated at the approval of the
project. That would be the minimum easement that would be needed for a 10 foot wide
trail. Other parts of the corridors are very tight, but when plans were designed, there was
room to put the trail through.
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Mr. Warner stated that although tight, the trail would be a uniform 10 foot width through
Victoria Ponds.
Len Aberly, 3345 Decater Lane, questioned the proposed 10 feet and whether or not safe
traffic flow would be possible.
Mr. Warner stated that over the past ten years, the width has evolved from an initial width
of 6 feet to 10 feet. He stated that the trail would be designed to the Minnesota
Department of Transportation bicycle guidelines which would be the most conservative
bike design.
Michael Raymond, 3200 Cavell Lane, was speaking on behalf of Kathy Wiggins
Nordstrom, 3031 Aquila Avenue South who was unable to attend. Mr. Raymond
presented pictures to the Planning Commissions and read a statement prepared by Ms.
Wiggins. Her statement expressed concern about flooding and questioned the impacts of
the development of a trail on the natural water collection areas.
Allen Oleisky, 8905 W. 34th Street, raised concern about the development of 11 homes
and changing the Comprehensive Plan to allow the trail to be moved. He desires to see
the neighborhood preserved and suggested that the City turn down the owner’s offer and
attempt to buy him out after researching available funds.
Chair Morris stated that there would be plat filings on the July 1, 1998 Planning
Commission meeting and the public would be able to speak to the issue of the 11 homes
at that time.
Karen Cieminski, 3354 Virginia Avenue South, stated that there are issues that are being
glossed over to make residents more likely to accept a change to the Comprehensive Plan
which would leave it wide open for the developer to develop the area. She stated that the
positive comments received at the public meeting on April 28th may have occurred when
residents were unaware that changes to the Comprehensive Plan would occur with
possible encroachment on school property and prior to realizing the cost of having that
trail designation changed. She pointed out that although diverting the trail into Aquila
Park would make the trail not affect the trees, putting 11 homes in the area where the
trees are makes those trees gone. She does not want these points to be glossed over. She
asked if ISTEA funds would available at a future date after the funds reference to sunset
at the end of 1998.
Lloyd Dowell, 2915 Wyoming Avenue South, believed that the development of a trail
was trying to be accomplished so that the developer has room to build. He indicated that
the trail was set many years ago, and questioned why the City would consider giving it to
someone who has not given to the community. The trail is much more important and
those few houses would take away what the trail should really represent and would make
room for those houses that the community does not need.
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Marlys Ballweber, 3235 Aquila Lane, stated that she is concerned about the preservation
of green space and trees in the designated area.
Ozzie Way, 3301 Aquila Lane, questioned the movement of the trail and asked
consultants to clarify the area of reconnection. He believed that change was not always
for the better and this area could be mistakenly changed for a different end result.
Mr. Warner addressed the issues raised about flooding, vegetation removal, funding
sunset and alignment of trail.
Mr. Warner agreed that in the vicinity of the school parking area and onto the Hutchinson
Spur there are some storm water run off problems. He noticed that there are two breaks
within the school parking lot that actually deliver the stormwater onto the Hutchinson
Spur area. He suggested bringing that to the school districts attention, but noted that it
could be rectified in a simple manner without causing the problem that exists. He would
review the photos and obtain historical data on the ponding of water after a storm event.
In regards to the trail alignment, Mr. Warner indicated that the trail is 10 feet in width and
there has to be a 2 foot buffer on either side of the trail to any fixed element. In order to
go through a wooded area, a 14 feet wide clear area would be required and this would
determine the amount of tree and vegetation removal one could expect.
Regarding the funding sunset, Mr. Warner explained that $500,000 would be coming
from Federal ISTEA funds that sunset at the end of this year, and stated that there were
other agencies waiting for the money if the City of St. Louis Park didn’t step up to the
plate. The consistent design standard that is being adhered to for the Federal ISTEA
money is a 10 foot trail and some of the movement of the park trail wouldn’t allow
keeping it even if the design was to stay at an 8 foot width. The widening would occur in
one of two ways. Either the trail would be expanded 1 foot in either direction or
expanded to the west and not to the east. In terms of the south end, the trail would be
brought back to the existing Hutchinson spur alignment as soon possible. He said the
survey data is still being refined and utilities and sensitivity to vegetation will be
considered.
Mr. Harmening pointed out that the Comprehensive Plan generally indicates the
Hutchinson Spur alignment for the location of a trail. The Comprehensive Plan did not
designate exactly where the trail has to be located on the former railroad line. He
explained that it is important to understand that by not relocating the trail in this area
would not stop the developer from submitting a plat and the plat process is going to
proceed. Some of the reasons why it is proposed that the trail be located on Aquila Park
is that it does not make sense to have a trail on the Hutchinson spur property and then
have another trail in Aquila Park 15-20 feet away. The idea is to consolidate the two
trails in that area and that would require the trail to go off of the Hutchinson Spur as the
plan illustrates. Secondly, along the easterly border of the Hutchinson Spur, there are a
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lot of trees and if the land owner chooses to provide an easement along the easterly border
for the City and still be consistent with the Comprehensive Plan, the City would have to
remove trees in order to build that trail. The third reason is related to budget. The City
has to provide $900,000 of their own funds to build this trail from Highway 7 to
Minneapolis. The cost will be higher if additional easements are needed from private
property owners.
Doby Hunning, 8907 Minnehaha Circle, commented on the impact of a development of
move-up housing on the current residents. She is concerned about the safety of seniors
walking on a multi-use trail. She stated that the City had an option to buy all of this
property for the same price that the developer did and this is an issue with residents.
John Iacono, 8900 W. 34th Street, stated that promises were made in the past and
consolidated in a Comprehensive Plan based on the fact that the City would acquire the
land after the railroad vacated the land. He stated that if the City Council agrees to pay
$500,000 for land that can’t be developed, they were providing the funds that the property
owner could use to develope the move-up housing proposed. He commented on the
history of the trail development and recommended holding tight and not being bull dozed
into making a decision. He is opposed to changing the Comprehensive Plan.
Sherman Friedman, 3219 Aquila Lane, believes the decision to adopt a resolution
amending the Comprehensive Plan should be tabled because a conflict with the residents
in the neighborhood exists and the whole issue should be examined. He stated that
everyone has an obligation to do what is right for the City and not for anybody else.
Karen Cieminski, 3354 Virginia Avenue South, does not believe that the changes to the
Comprehensive Plan to move the trail is for the convenience of the trail, but is because
the developer wants to develop the land that is being moved around and this issue has
been glossed over. She explained the current traffic at Aquila Park and questioned the
validity of the purchase agreement including an easement and wonders if a portion of the
school property would still be needed after the fact. She believed there is an underlying
tone in that the next meeting to consider housing development was set for July 1st, yet the
purchase agreement would be in affect on June 30, 1998. She stated that although
development may occur on the property whether or not the Comprehensive Plan is
changed, if the Comprehensive Plan is not changed, the lots would be less desirable. Why
not make the developer work with what the City’s Comprehensive Plan was at the time of
purchase.
Lloyd Dowell, 2915 Wyoming Avenue South, stated that the flood plain area for
Minnetonka Boulevard was designated from 31st to the North and a water problem could
occur if housing is developed in that area.
Chair Morris closed public hearing at 8:55 p.m.
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Mr. Garelick indicated that it is apparent to him that most of those present liked the idea
of a trail and stated it would improve the quality of life, however there are feelings that
the residents have been wronged by the developer and that the City is being taken
advantage of.
Mr. Harmening explained that after the Comprehensive Plan designated the Hutchinson
Spur for a trail, the property was made available for sale by the railroad. The City had an
opportunity to buy the land, but the City did not buy it.
Mr. Garelick stated that move-up housing is needed and people desire to live near a trail.
He is concerned what the development of trail would do to the neighborhood and trees.
Ms. Velick apologized that she was unaware of any underlying issue related to this matter
and suggested more information on the effect of trees on the neighborhood be obtained
and asked staff if the City is locked into changing the Comprehensive Plan because of an
agreement at this time.
Mr. Harmening stated that if the City desired to acquire an easement on those 11 lots, that
could reopen negotiations and the land owner could be unwilling to sell. There would be
a ripple effect that would ultimately result in the trail project not proceeding which would
not stop this development plan from proceeding. It is important to understand that there
is going to be a preliminary plat submitted for this property regardless of whether or not
the Comprehensive Plan is amended or delayed. The property owner owns that property
and has rights to make certain requests of the City, and the plat itself, with the exception
of adding sidewalks, meets City code requirements. If the Comprehensive Plan is not
amended, the land owner could meet the Comprehensive Plan requirements by selling the
City a 14 foot easement on the east side of the property and the City couldn’t stop the
development. Mr. Harmening stated that assuming that not amending the Comprehensive
Plan is going to stop the development from proceeding is a mistake.
Chair Morris stated that this identical issue requesting a change in the Comprehensive
Plan and moving the trail came before the Commission approximately five years ago.
Ms. Bissonnette agreed and stated that the previous request contained more development
including single family homes and a senior high rise.
Chair Morris said he would like to clarify regarding the comments that the Commission is
unaware of what is going on are incorrect. The Commissioners address the issues by
reviewing the staff report and taking the time at the meeting to to discuss, ask for
clarification and hear the public comment. This is a Commission that makes
recommendations to the City Council.
Mr. Garelick asked staff to clarify that regardless of a decision to change or not change
the Comprehensive Plan, the developer could develop property.
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Mr. Harmening stated that the developer owns a piece of property that appears to have the
capability of being platted into single family lots and meet zoning code requirements.
Mr. Garelick stated that he is focusing on the issue of making a continuous trail to
improve the quality of neighborhoods in St. Louis Park.
Mr. Gothberg stated he lives in the neighborhood and he said that the key point is that the
owner could build on the property. He said that the proposal does save the most green
space and is the best situation at the present time.
Chair Morris stated that the City has a land subdivision ordinance and a tree preservation
ordinance. Whether the trail designation is altered or not, those trees that were going to
be destroyed under development would be destroyed and what had to be saved, would be
saved. He stated that it is not realistic to save green space when it is involving private
property and the designation of the trail is still keeping a continuous trail through the
Hutchinson Spur.
Mr. Gothberg moved that the Commission recommend that the City Council adopt a
resolution to change the Comprehensive Plan to realign the trail as recommended by staff
commensurate to review and approval by the Park and Recreation Commission and
School Board. Mr. Garelick seconded the motion and the motion passed on a vote of 4-1
with Bissonnette, Gothberg, Garelick and Morris voting in favor and Velick opposing.
The Planning Commission took a 5 minute recess. Ms. Velick left at 9:10 p.m.
4. Old Business
A. Case No. 98-15-ZA -- Amendment to Zoning Ordinance regulating screening of
recreational vehicles in Residential Zoning Districts. (deferred 6-3-98)
Judie Erickson indicated that alternative language had been developed since the last
meeting which responded to the Planning Commission’s concerns for neighboring
property, for the need to move a recreational vehicle on and off of a property, and for
maintaining visibility at street and alley intersections.
The Planning Commission asked questions of staff regarding implementation date,
notification to residents and Mr. Gothberg commented on the excellent job by staff on the
rewording of the ordinance.
Kathy Benshoof, 1631 Virginia Avenue South, was present and asked for clarification of
the type of properties where screening is required. She was given a copy of the proposed
ordinance.
Mr. Garelick moved to accept the proposed Zoning Ordinance amendments consistent
with the staff recommendation in the staff report regulating the screening of recreational
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vehicles in Residential Zoning Districts in St. Louis Park. Ms. Bissonnette seconded the
motion and the motion passed on a vote of 4-0 with Bissonnette, Gothberg, Garelick and
Morris voting in favor.
5. New Business:
A. Consent Agenda: None
B. Other New Business:
Bi. Case No. 98-17-VAC -- Request of Michael Dupont to vacate a storm
sewer easement for property located at 7200 Cedar Lake Road
Janet Jeremiah presented the staff report and recommended that the Planning
Commission recommend that the City Council adopt an ordinance vacating the
particular storm sewer easement created in Document No. 3289309, but that the
ordinance shall not become effective until a new storm sewer and sump easement
document has been approved by Public Works and properly executed. Ms.
Jeremiah noted that Public Works had already reviewed a draft of the new
easement.
Mr. Garelick indicated that he had met with Michael Dupont and his architect and
stated that, although at the beginning he was leery of the development, he is now
convinced the project is good and it has his recommendation.
Chair Morris asked a question about timing of construction.
Ms. Jeremiah stated that it is her understanding from the Public Works staff that
before the actual sewer line could be abandoned, the new sewer had to be in place
and no work could start until the new easement to the west was in place.
Chair Morris asked if the City would withhold the construction activity because it
would take place over the old line until the new line was in service.
Ms. Jeremiah concurred.
Mr. Garelick moved that the Planning Commission recommend that the City
Council adopt an ordinance vacating the particular storm sewer easement created
in Document No. 3289309. Ms. Bissonnette seconded the motion and the motion
passed 4-0 with Bissonnette, Gothberg, Garelick and Morris voting in favor.
Bii. Informal Discussion - No Action Required -- Preliminary Plat - Aquila
Place
Mr. Gothberg requested that following issues be addressed by staff:
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1) Lighting on section of street where Boone Avenue joins Aquila.
2) Encroachment issues - lot 5 encroaches on lot A and 1st proposed lot on
north side, proposed lots 7 and 8 and curve verses the property line, and angle
portion if city property and potential problem of resident improvements
3) Traffic flow on to Minnetonka Boulevard
4) Screening and buffers from lighting at Aquila Park.
Ms. Bissonnette concurred with Mr. Gothberg.
Ms. Jeremiah indicated that on July 1st, full size plans would be available for
easier review of the proposed plans. She stated that the encroachments on lot 5
are entirely on Outlot A and there are not any encroachments on the proposed
developable lots at this juncture. She said she appreciates the comments on
lighting, and noted that the triangular piece of property adjacent to lots 7 and 8
was originally part of the residential plat and was a remnant that went tax forfeit.
It appears that the City picked it up for street purposes and this would be
confirmed by City Attorney and options discussed. She agreed with comments on
the difficulty to enter Minnetonka Boulevard and the Aquila Park lights issue.
Ms. Bissonnette suggested that the Aquila lighting issue perhaps be included and
stated on the truth in housing disclosure.
Mr. Garelick disagreed. He noted that anyone looking at the property should see
the lights and recognize they are next to ballfields.
Chair Morris requested that the Hennepin County Surveyor review the legal
description. He questioned if the legal description proposed in the preliminary
plat was going to be sufficient for the County surveyor to accept. The notation on
the plat was that all dimensions were rounded to the nearest foot and all areas are
rounded to the nearest 100 square feet and didn’t know if that was a legitimate
dimensional factor on a plat. He questioned if this conformed to State and County
requirements. He raised a question if the land sub-division requirements
mandated a dedication of further right of way to bring the plat up to the 60 foot
frontage as required.
Ms. Jeremiah stated that she believes the right of way is 60 feet in that area, and
the road way is not that wide so there is additional right of way beyond the curb.
She stated she would revisit this issue to ensure that there was room to put the
sidewalk in the current right-of-way.
Chair Morris indicated that the State of Minnesota is willing to sell tax forfeited
land and recommended that this be explored along with the Hennepin County tax
issue.
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Ms. Jeremiah stated that the issue is whether or not it would remain a municipal
use or it would become part of the development parcel. She preferred to make the
area part of the developer use so the buildings could be moved forward and
become more consistent with the streetscape in that area. However, if the
property was deeded for street purposes, the City could not automatically be able
to sell it for development.
Mr. Garelick asked if there is any possibility of developing townhouses or
duplexes in that area.
Ms. Jeremiah stated that town homes or duplexes would require a conditional use
permit. The plat has been submitted for single family homes, however there is a
possibility that the owner could live off site and rent the property.
Chair Morris indicated that this issue would be revisited on July 1st.
Mr. Garelick recommended that the Planning Commission receive notices of
informational meeting within a given neighborhood in order to research issues
more thoroughly before having to make a decision.
Ms. Bissonnette indicated that residents she has had contact with were in favor of
the trail despite the conflict with the developer in the past.
6. Communications
A. Recent City Council Action -- June 15, 1998
B. Other - None
7. Miscellaneous - None
8. Adjournment
Chair Morris adjourned the meeting at 9:55 p.m.
Respectfully Submitted,
Janice Loftus
Administrative Secretary
Prepared by:
Shirley Olson
Recording Secretary
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Item 9d*
July 10, 1998
VENDOR NAME DESCRIPTION AMOUNT
AARCEE PARTY RENTAL GENERAL SUPPLIES 120.86
ADVANTA FINANCIAL CORPORATION OTHER CONTRACTUAL SERVICES 97.45
AIRTOUCH CELLULAR MILEAGE-PERSONAL CAR 1,816.07
ALDERSGATE UNITED METHODIST CH GENERAL SUPPLIES 212.19
ANCHOR PAPER CO OFFICE SUPPLIES 470.73
ANDERSEN TRUCKING, KEN OTHER CONTRACTUAL SERVICES 95.00
ANDERSON, SCOTT TRAINING/CONFERENCES/SCHOOLS 728.57
BATTERIES PLUS GENERAL SUPPLIES 74.53
BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 215.42
BROADWAY RENTAL RENTAL EQUIPMENT (1.66)
CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 233.75
CENTER COURT GENERAL SUPPLIES 161.07
CHUBB & ASSOCIATES GENERAL SUPPLIES 553.60
CMI INC GENERAL SUPPLIES 261.46
COLICH & ASSOCIATES PROFESSIONAL SERVICES 14,588.94
COMMUNITY COVENANT CHURCH GENERAL SUPPLIES 257.46
CUMMINS NORTH CENTRAL INC EQUIPMENT MTCE SERVICE 1,588.02
D'AMICO CATERING OTHER CONTRACTUAL SERVICES 4,505.92
DECISION RESOURCES LTD OTHER CONTRACTUAL SERVICES 5,000.00
ECFE ADVISORY COUNCIL GENERAL SUPPLIES 161.80
ELIASON, ERIC INSPECTION-SINGLE/DOUBLE 25.00
FEDERAL EXPRESS CORP POSTAGE 20.75
FEDERAL WARNING SYSTEMS OFFICE FURNITURE & EQUIPMENT 383.55
FELIX, ANNE MARIE YOUTH RECREATION 30.00
FOUR SEASONS TRAVEL INC TRAINING/CONFERENCES/SCHOOLS 324.00
GOODWAY TECHNOLOGIES CORPORATI OTHER IMPROVEMENTS 2,603.00
GOPHER SPORT GENERAL SUPPLIES 55.94
HENNEPIN COUNTY SHERIFF SUBSISTENCE SERVICE 867.54
HINES PRODUCTS CORP GENERAL SUPPLIES 182.00
HINES, ROSEMARY INSPECTION-SINGLE/DOUBLE 25.00
HUMPHREY, CAROLE GENERAL SUPPLIES 105.96
IACP TRAINING/CONFERENCES/SCHOOLS 160.00
ICE SKATING INSTITUTE OF AMERI SUBSCRIPTIONS/MEMBERSHIPS 225.00
IKON OFFICE SOLUTIONS RENTAL EQUIPMENT 50.00
INDUSTRIAL SUPPLY CO INC EQUIPMENT PARTS (75.85)
INTERSTATE BEARING COMPANY EQUIPMENT PARTS (166.20)
KANSAS STATE BANK OF MANHATTAN NOTES PAYABLE 1,994.31
KENNEDY ENTERPRISE INC GENERAL SUPPLIES 1,212.25
KONICA BUSINESS MACHINES RENTAL EQUIPMENT 39.41
LARSEN, CYNTHIA MILEAGE-PERSONAL CAR 9.91
LENOX NEIGHBORHOOD ASSOCIATION MEETING EXPENSE 100.00
LONG LAKE TRACTOR & EQUIPMENT EQUIPMENT PARTS (13.53)
MC GRAW, JERRY YOUTH RECREATION 30.00
MEADOWBROOK COLLABORATIVE GENERAL SUPPLIES 40.27
105
MILLERBERND, DENNIS LICENSES/TAXES 211.45
MINN CHIEFS POLICE ASSOCIATION OFFICE SUPPLIES 7.33
MINN DEPT OF ADMINISTRATION RADIO COMMUNICATIONS 3,160.64
MINNEGASCO HEATING GAS 8,288.95
MINNESOTA GFOA TRAINING/CONFERENCES/SCHOOLS 195.00
MINUTEMAN PRESS PRINTING & PUBLISHING 125.95
MN PIPE & EQUIPMENT OTHER IMPROVEMENT SUPPLIES 2,117.17
MOSBY-YEAR BOOK INC GENERAL SUPPLIES 39.52
NORTHERN WATER TREATING CO GENERAL SUPPLIES 42.16
NSP CO NOTES PAYABLE 64,372.28
OPM INFORMATION SYSTEMS EQUIPMENT MTCE SERVICE 154.05
PALM BROTHERS CONCESSION SUPPLIES 210.98
PALMS BAKERY MEETING EXPENSE 65.13
PARKLYNN BUILDERS COMPANY OTHER CONTRACTUAL SERVICES 2,657.00
PARR EMERGENCY PRODUCT SALES I SUBSISTENCE SUPPLIES 63.99
PARTS PLUS-NORTHSTAR AUTOMOTIV EQUIPMENT PARTS (240.01)
PIONEER PRODUCTS INC CLEANING/WASTE REMOVAL SUPPLY 171.84
PRYOR RESOURCES INC TRAINING/CONFERENCES/SCHOOLS 195.00
RAINBOW FOODS SUBSISTENCE SUPPLIES 64.75
ROGERS, RANDY INSPECTION-SINGLE/DOUBLE 25.00
ROLLER GARDEN GENERAL SUPPLIES 234.00
RUGGIERO, WENDY OTHER REVENUE 35.00
SAVIN CORPORATION EQUIPMENT MTCE SERVICE 87.32
SCHEAR, MORRIS INSPECTION-SINGLE/DOUBLE 25.00
SCHOELL & MADSON INC PROFESSIONAL SERVICES 387.75
SLP ROTARY FOUNDATION GENERAL SUPPLIES 99.95
SLP SCHOOL DISTRICT 283 MEETING EXPENSE 26.00
ST LOUIS PARK EMERGENCY PROGRA GENERAL SUPPLIES 149.45
STEVENS, JEANNE MEETING EXPENSE 9.60
SWANSON & YOUNGDALE INC OTHER CONTRACTUAL SERVICES 8,320.00
THORNTON, ANN OTHER REVENUE 35.00
U S POSTAL SERVICE BUILDING RENTAL 20.00
UNITOG RENTAL SERVICE GENERAL SUPPLIES 90.11
VAN WATERS & ROGERS INC GENERAL SUPPLIES 2,159.09
VAUGHAN, JIM GENERAL SUPPLIES 33.80
VICTORIA DANCE TEAM GENERAL SUPPLIES 109.87
VIKING OFFICE PRODUCTS OFFICE SUPPLIES 54.64
VISIONARY SYSTEMS LTD COMPUTER SERVICES 3,555.00
VOELKER, STACY M PETTY CASH 170.00
WALDOR PUMP COMPANY EQUIPMENT PARTS 2,027.76
YES KIDS GENERAL SUPPLIES 90.10
ZEE MEDICAL SERVICE GENERAL SUPPLIES 267.73
139,284.84
106
July 15, 1998
VENDOR NAME DESCRIPTION AMOUNT
AETNA LIFE INSURANCE & ANNUITY DEDUCTIONS PAYABLE 1,433.38
ALLINA DEDUCTIONS PAYABLE 27,356.15
BULLOCK CONTRACTING CO, MATT OTHER IMPROVEMENTS 8,654.55
COMMISSIONER OF REVENUE DEDUCTIONS PAYABLE 203.00
FORTIS BENEFITS DEDUCTIONS PAYABLE 2,039.53
GREAT-WEST LIFE & ANNUITY DEDUCTIONS PAYABLE 4,151.00
HARDRIVES INC OTHER IMPROVEMENTS 274,339.65
HEALTHPARTNERS DEDUCTIONS PAYABLE 55,313.26
HENNEPIN COUNTY SUPPORT & COLL DEDUCTIONS PAYABLE 1,012.82
ICMA RETIREMENT TRUST-401 DEDUCTIONS PAYABLE 236.44
ICMA RETIREMENT TRUST-457 DEDUCTIONS PAYABLE 10,068.01
KANSAS STATE BANK OF MANHATTAN CAPITALIZED INTEREST 642.43
KASSA CONSTRUCTION, RON OTHER IMPROVEMENTS 11,987.40
MIDWEST ASPHALT CORP OTHER IMPROVEMENTS 243,634.11
MINNESOTA BENEFIT ASSOCIATION DEDUCTIONS PAYABLE 601.90
MINNESOTA MUTUAL LIFE DEDUCTIONS PAYABLE 321.00
MN DEPT OF REVENUE MOTOR FUELS 249.12
MN STATE RETIREMENT SYSTEM DEDUCTIONS PAYABLE 1,515.00
PARK NATIONAL BANK GENERAL CUSTOMERS 106,262.00
PERA DEDUCTIONS PAYABLE 44,606.12
PERA FIREMEN'S RETIREMENT ASSO DEDUCTIONS PAYABLE 3,203.95
PERA LIFE INSURANCE DEDUCTIONS PAYABLE 105.00
PERA POLICE RETIREMENT ASSOC DEDUCTIONS PAYABLE 8,094.06
SLP CREDIT UNION DEDUCTIONS PAYABLE 30,495.95
UNITED WAY OF MINNEAPOLIS AREA DEDUCTIONS PAYABLE 157.00
UNUM LIFE INSURANCE DEDUCTIONS PAYABLE 3,652.82
USCM / MIDWEST DEDUCTIONS PAYABLE 6,921.22
WESTBRIDGE CAPITAL CORP INSURA DEDUCTIONS PAYABLE 68.12
847,324.99
July 15, 1998
VENDOR NAME DESCRIPTION AMOUNT
ANDERSON, CARA INJURY PAY 346.68
GROUP HEALTH PLAN INC WORKERS COMPENSATION INSURANCE 171.13
PARK NICOLLET MEDICAL CENTER WORKERS COMPENSATION INSURANCE 653.63
PAULOUSKI, WADE INJURY PAY 880.04
SEDGEWICK MANAGED CARE WORKERS COMPENSATION INSURANCE 9.50
THOMPSON, JIM INJURY PAY 1,288.47
TWIN CITIES ORTHO PA WORKERS COMPENSATION INSURANCE 1,702.03
5,051.48
107
July 17, 1998
VENDOR NAME DESCRIPTION AMOUNT
1ST LINE BEVERAGE INC CONCESSION SUPPLIES 156.00
911 MAGAZINE SUBSCRIPTIONS/MEMBERSHIPS 18.95
A THOUSAND FRIENDS OF FROGS GENERAL SUPPLIES 12.00
AARCEE PARTY RENTAL GENERAL SUPPLIES 74.56
ADELMANN, DORREE YOUTH RECREATION 36.00
AIRTOUCH CELLULAR OTHER CONTRACTUAL SERVICES 1,066.92
ALBINSONS OFFICE SUPPLIES 127.80
ALLIED PLASTICS INC GENERAL SUPPLIES 225.78
ALMSTED'S NEW MARKET CONCESSION SUPPLIES 230.32
AMERIPRIDE LINEN AND APPAREL S CLEANING/WASTE REMOVAL SERVICE 136.29
ANCHOR PAPER CO GENERAL SUPPLIES 715.46
ANDERSON, DONALD GENERAL SUPPLIES 127.99
ANN'S TOOL SUPPLY EQUIPMENT PARTS 132.67
APACHE GROUP OF MINNESOTA GENERAL SUPPLIES 310.77
ASPLUND COFFEE COMPANY GENERAL SUPPLIES 96.00
AT&T WIRELESS SERVICES TELEPHONE 508.80
BACHMANS BUILDING MTCE SERVICE 107.57
BARTLEY SALES CO INC BLDG/STRUCTURE SUPPLIES 79.88
BEARCOM RADIO COMMUNICATIONS 124.65
BIFFS INC OTHER CONTRACTUAL SERVICES 3,256.51
BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 1,290.56
BOB BARKER COMPANY INC POSTAGE 252.49
BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 25.40
BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES 1,563.60
BRENTS SIGNS GENERAL SUPPLIES 215.13
BROADWAY RENTAL RENTAL EQUIPMENT (1.66)
BROWN TRAFFIC PRODUCTS INC OTHER IMPROVEMENT SUPPLIES 2,108.70
BRUNSWICK EDEN PRAIRIE LANES OTHER CONTRACTUAL SERVICES 550.00
CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 269.16
CARTEGRAPH SYSTEMS INC. OFFICE FURNITURE & EQUIPMENT 1,000.00
CHENEY SIGNS GENERAL SUPPLIES 97.04
CLOSE LANDSCAPE ARCHITECTURE PROFESSIONAL SERVICES 1,062.50
COLLINS COMMUNICATIONS EQUIPMENT MTCE SERVICE 707.67
COLLISYS ELECTRIC CO PROFESSIONAL SERVICES 644.87
COLVIN, DONALD ADULT ATHLETICS 110.00
COMPRESSAIR & EQUIPMENT CO GENERAL SUPPLIES 79.55
CROWN FENCE & WIRE CO OTHER IMPROVEMENT SUPPLIES 20.54
CUSTOM PRODUCTS & SERVICES LANDSCAPING SERVICE 1,393.25
DATABASE TECHNOLOGIES INC OTHER CONTRACTUAL SERVICES 13.65
DELEGARD TOOL CO GENERAL SUPPLIES 8.23
DENNYS ROLL-OFF SERVICES OTHER CONTRACTUAL SERVICES 770.00
DEVOE & RAYNOLDS BLDG/STRUCTURE SUPPLIES 162.20
DIAMOND VOGEL PAINT CENTER GENERAL SUPPLIES 3,804.56
DUNDEE NURSERY LANDSCAPING MATERIALS 74.54
ELECTRO MECHANICAL CONTRACTING OTHER IMPROVEMENT SUPPLIES 352.00
ELECTRONIC DESIGN COMPANY EQUIPMENT MTCE SERVICE 229.00
108
EMPIRE MANUFACTURING INC EQUIPMENT MTCE SERVICE 354.00
ENERGY MASTERS INTERNATIONAL ELECTRICAL 508.00
ERV'S LAWN MOWER REPAIR EQUIPMENT PARTS 26.83
EVERGREEN LAND SERVICES CO ENGINEERING SERVICES 189.90
FANTASIA CHARTERS INC OTHER CONTRACTUAL SERVICES 226.00
FEDERAL EXPRESS CORP POSTAGE 29.00
FORTMEYER, BRIAN GENERAL CUSTOMERS 110.43
G & K SERVICES BUILDING MTCE SERVICE 67.38
GALAXY COMPUTER SERVICES EQUIPMENT MTCE SERVICE 163.50
GALLAGHER & CO OF MN INC, A J WORKERS COMPENSATION INSURANCE 91.00
GASMAN, TOM GENERAL SUPPLIES 19.40
GENUINE PARTS COMPANY EQUIPMENT PARTS 155.41
GPN GENERAL SUPPLIES 39.95
GREENMAN TECHNOLOGIES OF MN IN CLEANING/WASTE REMOVAL SERVICE 147.60
GUST, MARCY MISCELLANEOUS 20.00
HACH COMPANY GENERAL SUPPLIES 289.10
HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 1,036.43
HENNEPIN COUNTY PUBLIC WORKS D CLEANING/WASTE REMOVAL SERVICE 7,660.76
HENNEPIN PARKS GENERAL SUPPLIES 25.00
HENNEPIN TECHNICAL COLLEGE TRAINING/CONFERENCES/SCHOOLS 5,223.75
HEWLETT-PACKARD CO OFFICE FURNITURE & EQUIPMENT 959.03
HIGGINS, ANN PROGRAMMING 62.00
HOFF BARRY & KUDERER P.A. PROFESSIONAL SERVICES 37.50
HOME DEPOT/GECF GENERAL SUPPLIES 50.25
HOME HARDWARE GENERAL SUPPLIES 743.86
HOWARD R. GREEN COMPANY PROFESSIONAL SERVICES 17,257.12
HRENO, PATRICIA MILEAGE-PERSONAL CAR 90.81
HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 3,841.14
IKON OFFICE SOLUTIONS OFFICE SUPPLIES 514.40
IN THE LINE OF DUTY INC GENERAL SUPPLIES 765.00
INDELCO EQUIPMENT PARTS 35.10
INDEPENDENT BLACK DIRT CO LANDSCAPING MATERIALS 598.06
INDUSTRIAL SUPPLY CO INC EQUIPMENT PARTS (75.85)
INTERSTATE BEARING COMPANY EQUIPMENT PARTS (166.20)
INTL ASSN ASSESS OFFICERS SUBSCRIPTIONS/MEMBERSHIPS 130.00
INTOXIMETERS INC NON-CAPITAL EQUIPMENT 2,620.00
JUSTUS LUMBER CO OTHER IMPROVEMENT SUPPLIES 195.62
KAMAN INDUSTRIAL TECHNOLOGIES EQUIPMENT PARTS 8.52
KIENENBERGER, BRIDGET GENERAL SUPPLIES 28.00
KNOX LUMBER COMPANY GENERAL SUPPLIES 51.63
LAGERQUIST CORPORATION BUILDING MTCE SERVICE 600.00
LAKELAND ENGINEERING EQUIPMENT EQUIPMENT PARTS 196.81
LAMOTTE COMPANY GENERAL SUPPLIES 49.90
LANGEFELS, DOUGLAS GENERAL SUPPLIES 209.25
LARSON COMPANY BLDG/STRUCTURE SUPPLIES 77.89
LATHROP PAINT SUPPLY COMPANY BLDG/STRUCTURE SUPPLIES 579.50
LOGIS COMPUTER SERVICES 25,636.85
LONG LAKE TRACTOR & EQUIPMENT EQUIPMENT PARTS (13.53)
M & M HYDRAULIC CO EQUIPMENT MTCE SERVICE 253.92
109
MAIER, JOHN GENERAL CUSTOMERS 53.36
MAIL BOXES ETC # 1236 GENERAL SUPPLIES 1,102.28
MALIBU PRINT GALLERY BUILDING MTCE SERVICE 67.15
MATTHEWS LAWN SERVICE OTHER CONTRACTUAL SERVICES 782.78
MC CASHIN, BRENDAN D MILEAGE-PERSONAL CAR 57.20
MC LAUGHLIN, JOANNA L SALARIES - TEMPORARY EMPLOYEES 200.00
METRO SALES INC EQUIPMENT MTCE SERVICE 402.38
METRO SYSTEMS NON-CAPITAL EQUIPMENT 1,505.15
MIDWEST MAILING SYSTEMS INC GENERAL SUPPLIES 12.72
MINN SUN PUBLICATIONS LEGAL NOTICES 295.32
MINNEAPOLIS WINDOW SHADE CO BLDG/STRUCTURE SUPPLIES 45.00
MINUTEMAN PRESS PRINTING & PUBLISHING 506.18
MN DEPT OF LABOR & INDUSTRY LICENSES/TAXES 25.00
MN RURAL WATER ASSOCIATION SUBSCRIPTIONS/MEMBERSHIPS 185.00
MORGAN, PAM OTHER IMPROVEMENT SUPPLIES 73.18
MPLS DEPT OF HEALTH/FAMILY SUP OTHER CONTRACTUAL SERVICES 46.40
MTI DISTRIBUTING CO GENERAL SUPPLIES 530.66
NATIONAL LEAGUE OF CITIES SUBSCRIPTIONS/MEMBERSHIPS 2,679.00
NEENAH FOUNDREY OTHER IMPROVEMENT SUPPLIES 1,669.92
NORTH STAR TURF SUPPLY OTHER IMPROVEMENT SUPPLIES 176.46
NORTHERN WATER TREATING CO GENERAL SUPPLIES 46.51
OFFICE DEPOT OFFICE SUPPLIES 298.26
OFFICE MAX GENERAL SUPPLIES 238.88
OLSON, JILL K MILEAGE-PERSONAL CAR 45.57
OPM INFORMATION SYSTEMS EQUIPMENT MTCE SERVICE 207.95
ORKIN PEST CONTROL OTHER CONTRACTUAL SERVICES 60.92
PALMS BAKERY MEETING EXPENSE 6.74
PARKLYNN BUILDERS COMPANY OTHER CONTRACTUAL SERVICES 354.00
PARTNERS IN PERSONNEL SALARIES - REGULAR EMPLOYEES 1,170.00
PARTS PLUS-NORTHSTAR AUTOMOTIV EQUIPMENT PARTS (225.99)
PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 80.07
PRESTIGE LINCOLN MERCURY EQUIPMENT PARTS 126.50
PROEX PHOTO SYSTEMS GENERAL SUPPLIES 80.50
PUBLIC SAFETY EQUIPMENT CO EQUIPMENT MTCE SERVICE 332.00
QEC-MN POSTAGE 786.99
QUINLAN PUBLISHING CO INC SUBSCRIPTIONS/MEMBERSHIPS 66.76
RAINBOW FOODS SUBSISTENCE SUPPLIES 100.02
RANDY'S SANITATION INC GARBAGE/REFUSE SERVICE 2,821.16
RAPPORT LEADERSHIP INTERNATION TRAINING/CONFERENCES/SCHOOLS 4,035.00
RELIABLE OFFICE SUPPLIES 144.02
REYNOLDS WELDING SUPPLY CO GENERAL SUPPLIES 89.19
RIGID HITCH INCORPORATED EQUIPMENT PARTS 218.20
ROBINSON, MARY OTHER CONTRACTUAL SERVICES 66.50
RODNER, LANA SEASON TICKET-RESIDENT 30.00
ROLLINS OIL CO MOTOR FUELS 124.31
ROTO-ROOTER OTHER IMPROVEMENT SUPPLIES 482.00
SAFETY SERVICE SYSTEMS GENERAL SUPPLIES 222.75
SAVIN CORPORATION EQUIPMENT MTCE SERVICE 1,847.32
SCHUMACHER, TODD SEASON TICKET-RESIDENT 15.00
110
SEARS & ROEBUCK CO SMALL TOOLS 880.97
SHEKELS FAMILY TRUST GENERAL CUSTOMERS 85.91
SMITH PARKER PROFESSIONAL SERVICES 322.88
SOKKIA MEASURING SYSTEMS OFFICE SUPPLIES 16.24
STANDARD PLUMBING BUILDING MTCE SERVICE 227.19
STAR TRIBUNE OTHER ADVERTISING 487.50
STAT MEDICAL GENERAL SUPPLIES 52.79
SUBURBAN FEED & SUPPLY GENERAL SUPPLIES 118.43
SUBURBAN TIRE CO EQUIPMENT PARTS 325.63
SWEENEY BROS TRACTOR EQUIPMENT PARTS 173.61
TEENS ALONE OTHER CONTRACTUAL SERVICES 2,000.00
THE LAWN RANGER INC OTHER IMPROVEMENT SUPPLIES 592.73
THYMES TWO CATERING MEETING EXPENSE 447.30
TKDA PROFESSIONAL SERVICES 180.48
TRIARCO ARTS & CRAFTS GENERAL SUPPLIES 26.06
TRUCK UTILITIES MFG CO EQUIPMENT PARTS 40.26
TWIN CITY OXYGEN CO GENERAL SUPPLIES 4.80
U S WEST COMMUNICATIONS TELEPHONE 2,995.48
UNIFORMS UNLIMITED GENERAL SUPPLIES 4.74
UNITOG RENTAL GENERAL SUPPLIES 285.80
UNITOG RENTAL SERVICE GENERAL SUPPLIES 940.83
VANN, DAVE GENERAL SUPPLIES 20.00
VESSCO INC EQUIPMENT MTCE SERVICE 399.80
VIKING OFFICE PRODUCTS OFFICE SUPPLIES 20.68
VOGT HEATING & A/C HEATING 42.60
WARNING LITES OF MN INC PROFESSIONAL SERVICES 164.78
WATSON CO INC CONCESSION SUPPLIES 14,737.76
WILD MOUNTAIN OTHER CONTRACTUAL SERVICES 53.50
WRITE STUFF COMMUNICATIONS GENERAL SUPPLIES 487.50
ZEP MANUFACTURING GENERAL SUPPLIES 113.59
ZIP PRINTING GENERAL SUPPLIES 200.22
ZIP SORT POSTAGE 226.59
147,030.84
111
Item #9e*
City of St. Louis Park
Human Rights Commission
Meeting Minutes - June 10, 1998
First Floor Community Room - City Hall
______________________________________________________________________________
Present:
Commission members: John Archbold, Marc Berg, Michael Brandt, Barry Dunayer, Laurel
Higgins, Judith Moore and Teri Reitan.
Guests: Dr. Barbara Pulliam, St. Louis Park School Superintendent, and Diane Murphy,
representative from the School District’s Diversity Plan Committee
Interim staff liaison: Lorin Kramer
Recording secretary: Lynn Schwartz
Prior to calling the meeting to order, introductions were made. The meeting called to order at
7:08 p.m.
1. Approval of Minutes
Moved by Marc Berg and seconded by Laurel Higgins to approve the May minutes. Motion
passed unanimously.
2. Old Business
School District Diversity Plan: Judith Moore provided background on the development of the
School District’s diversity plan. Moore and Diane Murphy reiterated their concerns about the
School District’s commitment to the plan and the decision not fill the diversity coordinator
position formerly held by Gail Toatley.
Dr. Barbara Pulliam shared some of her personal and professional background with commission
members and then responded to the concerns raised by Moore and Murphy. Pulliam cautioned
that diversity planning cannot occur in a vacuum or be rushed. Without staff and community
buy-in, any plan to address diversity will not be effective. Pulliam said diversity goals must be
integrated into the larger discussion of the School District’s overall strategic plan; it cannot stand
alone as a separate effort. Pulliam explained her goal of revisiting the strategic planning process.
This process, she explained, might involve community members in a conversation or dialogue
about diversity. Noting that individuals need to feel comfortable to ask questions and engage in
meaningful dialogue, Pulliam said she is not overly concerned that such an effort may begin
small. She believes these small discussions will grow. She added that these discussions are a
more logical starting point than the top-down curriculum approach. Pulliam then outlined the
planning and committee structure the strategic planning process would utilize. She anticipates
that the majority of the strategic planning process would be completed by January or February,
1999.
112
Judith Moore added that she hopes that some of the ideas in the Diversity Plan will be brought
into the strategic planning process.
Pulliam also said that she does not intend to appoint anyone to fill Diversity Coordinator position
because diversity issues cannot be seen as one person’s special assignment. Rather than having
staff turn to a Diversity Coordinator to handle diversity issues, she prefers to see that all staff
have the understanding, training and tools to handle these issues themselves.
Barry Dunayer said he appreciated Pulliam’s intent to integrate diversity into the strategic
planning process rather than relegating diversity to a separate effort. Dunayer suggested that
representatives from the Children First initiative be involved in the strategic planning process.
He also asked whether it would be worthwhile to finish work on the diversity plan over the
summer or whether it should be set aside until the strategic planning process is underway. Moore
raised the concern that the School District is out of compliance with State law because it has not
completed a diversity plan.
Pulliam responded that Jim Martin, the District’s Human Resources Director, would take
responsibility for complying with the State law mandating diversity plans. Pulliam also said she
would take the Diversity Plan to a principals meeting to discuss whether there are any items that
could be implemented during the upcoming school year.
Citing her belief that the District is not aggressively recruiting minority staff members, Moore
asked about Pulliam’s plans to recruit a more diverse staff. Pulliam responded that the District
has sent staff to other areas of the country to recruit minority staff members; however, this kind
of approach is not comprehensive enough to be successful. She explained that people do not
relocate only for a job: they must believe they have a community where they can make a home
for themselves. People who do not have a “community” to become part of will simply leave the
area. Pulliam said it might make sense for several school districts to join forces and pool their
recruiting efforts so that 30 or 40 jobs--rather than 3 or 4 jobs--could be involved.
Teri Reitan asked how the Human Rights Commission could get involved in the School
District’s strategic planning process. Pulliam said that the School District’s Communications
Coordinator will be drafting a list of individuals who might be asked to be a part of the initial
strategic planning process. Although this will be a small group, Pulliam said these people would
be asked to represent many interests within the community. Pulliam added that the Human
Rights Commission could perform a valuable service by being involved in the town meetings
that will be a part of the planning process and becoming knowledgeable ambassadors for the
diversity issues facing Minneapolis and the metropolitan area.
Marc Berg asked for clarification on the Human Rights Commission’s role with the School
District. Reitan responded that the commission should serve as a community support to the
School District and stand ready to help as needed rather than push the commission’s own agenda.
Diane Murphy asked that Pulliam report back to the School District’s Diversity Committee on
any plans to incorporate portions of the diversity plan into the strategic planning process as well
113
as the results of her discussion with principals on implementing portions of the diversity plan.
Pulliam agreed to respond to the Human Rights Commission on these issues.
Because it was nearly 9 p.m., members voted to postpone the remainder of the agenda--with the
exception of the election of a vice-chair--to the July meeting.
3. New Business
Vice-Chair: Moved by Judith Moore and seconded by Barry Dunayer to nominate Laurel
Higgins as Human Rights Commission vice-chair. Motion passed unanimously.
4. Adjournment
With no further business, the commission adjourned at 8:58 p.m.
Respectfully submitted,
Lynn Schwartz
Recording Secretary
114
City of St. Louis Park
City Council Agenda Item # 11a*
Meeting of July 20, 1998
*11a. Bid Tabulation: City Hall Air Conditioning Condensing Unit Replacement
City Project No. MB-97-05
This report considers the award of bid for the City Hall air conditioning condensing
unit replacement.
Recommended
Action:
Motion to designate Albers Mechanical the lowest responsible
bidder and authorize execution of a contract with the firm in the
amount of $25,250.00.
Background: City Council approved Project No. MB-97-05 on March 16, 1998 giving staff the
option of replacing the City Hall air conditioning condenser unit after spring start up evaluation
or at a later date. The initial survey indicated the unit would survive the season. City Hall took a
lightening strike during the electrical storm of June 24, 1998. One result of that hit was that this
air conditioning condenser suffered a partial failure necessitating immediate replacement. Bids
were received on July 9, 1998 for the City Hall air conditioning condensing unit replacement -
Project No. MB-97-05. Advertisement for bids were published in the St. Louis Park Sun-Sailor
on July 1, 1998. A summary of the bid results is as follows:
Bidder Bid Amount
Albers Mechanical $25,250.00
Alliance Mechanical $33,215.00
Vogt Heating & Air Conditioning $34,987.00
Cronstrom’s Heating & Air Conditioning $36,440.00
Evaluation of Bids: Chasney and Associates, the City’s consultants on this project, reviewed
the bids received and after direct contact with representatives of Albers Mechanical to review
the scope of the installation have qualified them as the lowest responsible bidder for this project.
Financial Considerations: This project is fully funded at $55,000 in the 1998 Adopted
Municipal Building Fund budget. The budget estimate was based on the 1995 replacement cost
of the second floor air conditioning condenser at $42,500 plus consultant and miscellaneous costs
plus 10% contingency. The third floor installation will require considerably less piping, control
wiring, etc. as the condenser unit is only 30 feet from the air handler vs. running down to second
floor plus the fact that the City got a very favorable bid on the installation at $25,250 compared
to the average of the other three (3) bids at $33,880.
Prepared by: John Altepeter, Facilities Superintendent
Approved by: Charles W. Meyer, City Manager
115
City of St. Louis Park
City Council Agenda Item # 11b*
Meeting of July 20, 1998
*11b. Bid Tabulation: Louisiana Court Sidewalk and Street Lighting Improvements
- Project No. 98-06
This report considers the award of Bid for the Construction of Sidewalk and Street
Lighting Improvements on Louisiana Court
Recommended
Action:
Motion to designate Thomas & Sons Construction, Inc. the
lowest responsible bidder and authorize execution of a Contract
with the firm in the amount of $85,144.00.
Background: Bids were received on July 14, 1998 for the construction of Sidewalk and Street
Lighting Improvements on Louisiana Court - Project No. 98-06. Advertisement for bids were
published in the St. Louis Park Sun-Sailor on July 1 and 8, 1998 and in the Construction Bulletin
on June 26 and July 3, 1998. A summary of the bid results is as follows:
Bidder Bid Amount
Thomas & Sons Construction, Inc. $85,144.00*
Progressive Contractors, Inc. $88,200.30
Nadeau Utility, Inc. $88,622.10*
Ron Kassa Construction, Inc. $93,802.76
Lakeland Nurseries, Inc. $113,961.50*
Engineer’s Estimate $85,000.00
* Denotes engineer’s correction upon extension
Evaluation of Bids: A total of five (5) companies submitted bids. A review of the bids
indicates Thomas & Sons Construction, Inc. submitted the lowest bid. Thomas & Sons
Construction, Inc. has constructed a number of utility and concrete alley paving projects for the
City in recent years. All work was performed satisfactorily. Staff has determined that Thomas &
Sons Construction, Inc. submitted the lowest responsible bid and recommends a Contract be
awarded to the firm in the amount of $85,144.00.
Financial Considerations: The following is a summary of the funding sources for the Sidewalk
and Street Lighting Improvements for Project No. 98-06:
Revenue Source
CDBG Funds $32,903.00
Special Assessments $52,241.00
TOTAL $85,144.00
Prepared by: Carlton B. Moore, Superintendent of Engineering
Approved by: Charles W. Meyer, City Manager