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HomeMy WebLinkAbout2015/07/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA JULY 20, 2015 (City Manager Harmening Out) 7:00 p.m. SPECIAL STUDY SESSION – Community Room Discussion Item 1. 20 min. Former Lutheran Church of the Reformation Site – Property Guidance 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes July 6, 2015 4. Approval of Agenda 5. Reports -- None 6. Old Business – None 7. New Business 7a. Resolution of Support Authorizing a Grant Application to the Metropolitan Council Livable Communities Transit Oriented Development Program for PLACE Recommended Action: Motion to Adopt EDA Resolution authorizing a grant application to the Metropolitan Council Livable Communities Transit Oriented Development Program for development activities for PLACE. 8. Communications -- None 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations 2b. Playground Junior Leader Recognition 3. Approval of Minutes 3a. Special Study Session Meeting Minutes July 6, 2015 3b. City Council Meeting Minutes July 6, 2015 Meeting of July 20, 2015 City Council Agenda Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions – None 6. Public Hearings -- None 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Approve Plans and Specifications for Construction of an Outdoor Rink at The Rec Center and Authorize Advertisement for Bids Recommended Action: Motion to Adopt Resolution accepting this report, establishing and approving plans and specifications, and authorizing advertisement for bids for the construction of an Outdoor Rink at The Rec Center. 8b. Resolutions Regarding SWLRT Contribution and Trail Underpass Request Recommended Action: • Motion to Adopt Resolution committing local funds from the City of St. Louis Park to the SWLRT Project. • Motion to Adopt Resolution adding the Louisiana Station Trail Underpass to the SWLRT Project with local funding provided by the City of St. Louis Park. 8c. 2nd Reading of Zoning Text Amendment Related to Signs Recommended Action: Motion to approve the second reading and Adopt Ordinance amending City Code Sec. 36-362 related to signs and to approve the summary ordinance for publication. 9. Communications -- None Meeting of July 20, 2015 City Council Agenda CONSENT CALENDAR 4a. Approve for filing Environment & Sustainability Commission: Sustainable SLP Meeting Minutes of June 3, 2015. 4b. Approve Temporary Liquor License Premises Extensions for the Frank Lundberg American Legion Post 282, 5605 36th St. W., for their Party on the Pavement Anniversary event to be held August 15, 2015, and for their Annual Hockey Association Golf and Fundraising event to be held September 19-20, 2015. Both occasions will be held in the parking lot at the American Legion. 4c. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3243 Dakota Avenue South, St. Louis Park, MN P.I.D. 16-117-21-23-0107. 4d. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3335 Virginia Avenue South, St. Louis Park, MN - P.I.D. 18-117-21-14-0034. 4e. Adopt Resolution supporting the City of St. Louis Park as a host site for the Minnesota Green Corps program and authorize staff to enter into an agreement with the Minnesota Pollution Control Agency (MPCA). 4f. Adopt Resolution approving acceptance of a donation from Jay Jaffee and Bob Fields to Westwood Hills Nature Center of a Trail Camera (Value $129) to be installed and monitored at Westwood Hills Nature Center for wildlife observation. 4g. Adopt Resolution approving acceptance of donations from Sam’s Club and Nordic Ware to the City of St. Louis Park for the August 13, 2015, Highway 7 and Louisiana Avenue Ribbon Cutting (Value $492) to be given away to event guests. 4h. Adopt Resolution authorizing the submission of a grant application to the Metropolitan Council Livable Communities Demonstration Account (LCDA) for the redevelopment of Arlington Row. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: Special Study Session Meeting Date: July 20, 2015 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Former Lutheran Church of the Reformation Site – Property Guidance RECOMMENDED ACTION: Staff desires direction on the policy question noted below. POLICY CONSIDERATION: Should the EDA submit an offer to purchase the Lutheran Church of the Reformation property located at 2544 S. Highway 100 in order to preserve the community garden and facilitate construction of single family homes on the site. What should future land use and zoning be for this property? SUMMARY: At the June 8th Study Session, it was noted that the former Lutheran Church of the Reformation property (located at 2544 S. Highway 100) was for sale. Staff was asked to provide basic information about the property to inform a City Council discussion as to whether the EDA should purchase the property in order to ensure the future use of the property would be single family homes. The land use guidance for the subject property is Civic within the Comprehensive Plan reflecting its existing use as a religious institution. It is zoned R-1 single family residence which allows Civic uses such as churches as Conditional Uses. If it is the Council’s preference to see the property redeveloped exclusively as single family homes then the City could initiate a Comprehensive Plan amendment to guide it for low density residential. Or, the Council could await a proposal to subdivide the parcel and the applicant would need to initiate a Comprehensive Plan amendment. Another option would be for the EDA to acquire the parcel. Any redevelopment proposal for the subject property that does not conform to its current land use and zoning would require review and approval by the City Council. The City Council has broad discretion over how the subject property is redeveloped, and there are relatively few uses that would meet both the current Comprehensive Plan and zoning designations. FINANCIAL OR BUDGET CONSIDERATION: If the EDA wishes to acquire the 2544 S. Highway 100, the city would need to negotiate a Contract for Deed or Purchase Agreement for the property and funds for the purchase would need to be identified. The EDA would incur holding costs (building and grounds maintenance) until such time as the EDA found a suitable developer and the property was transferred to them. This process would take staff time and expense to negotiate and execute the purchase of the property, prepare and distribute a Request for Proposals to find a single family home builder to buy the property, evaluate the proposals, prepare documents for the transfer of the property to the developer and complete the transaction. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Birchwood Neighborhood Letter Prepared by: Greg Hunt, Economic Development Coordinator Sean Walther, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Special Study Session Meeting of July 20, 2015 (Item No. 1) Page 2 Title: Former Lutheran Church of the Reformation Site – Property Guidance DISCUSSION BACKGROUND: On October 27, 2013, the members of the Lutheran Church of the Reformation located at 2544 S. Highway 100 (“subject property”) voted to dissolve as a congregation and deed the property to the Evangelical Lutheran Church in America’s (ELCA) Minneapolis Area Synod. The subject property is situated on the east side of the Birchwood neighborhood. The rectangular-shaped parcel is 3.85 acres. It is occupied by a significant number of trees on the west, an 11,700 square foot church building with 80 parking stalls to the east, and a community garden on the southwest corner of the property along Vernon Ave. The 2-story building was originally constructed in 1968. The main level has a small office and conference room, gathering space with commercial kitchen, and restrooms. The lower level has a sanctuary (300 person seating capacity), private office, wheelchair lift, children's wing with 5 classrooms and storage. The property is bounded by single family and multi-family residences to the north; Highway 100 and Beth El Synagogue to the east; and single family residences to the west and to the south. More than one acre of the north side of the lot is included in FEMA flood hazard maps. Sound walls are not planned to be constructed adjacent to the property with the current reconstruction of Highway 100. The site is approximately ¼ mile from Birchwood Park and ½- mile from bus service. Recently, TE Miller Development (based in Eden Prairie) met with Staff regarding its interest in redeveloping the property and would like to meet with the Council regarding its proposed plans. Land Use, Zoning, and Other Requirements The land use guidance for the subject property is Civic within the Comprehensive Plan. Thus, the property’s current use conforms to the required land use category of the Comprehensive Plan. The Civic land use category is intended for public buildings and uses such as schools, government buildings, places of assembly, community centers, libraries and non-profit institutions. Special Study Session Meeting of July 20, 2015 (Item No. 1) Page 3 Title: Former Lutheran Church of the Reformation Site – Property Guidance The subject property is zoned R-1 under the Zoning Ordinance. Permitted uses under this category include: 1. Single-family dwellings 2. State-licensed residential facilities serving six or fewer persons 3. Parks and open spaces Uses permitted with conditions include: 1. Group home 2. Community centers 3. Educational facilities with 20 or fewer students 4. Libraries 5. Park and recreation, police and fire facilities 6. Bed and breakfast establishments Uses permitted by conditional use permits include: 1. Public service structures 2. Educational (academic) facilities with 20 or more students 3. Religious institutions Any religious institution that wished to purchase the subject property and utilize the building for religious purposes would be a permitted to do so under the Zoning Ordinance. Any change of the site’s use other than to the three permitted uses in the R-1 district would require some type of conditional use approval. If the use is not Civic, then the City may require a Comprehensive Plan amendment. In addition, use of the property for single family homes would require subdivision of the property into lots via the platting process. A plat must be reviewed and approved by the City Council. Any subdivision of the property would trigger parkland dedication requirements, which would be an opportunity to set aside land for a community garden and/or collection of a parkland dedication fee. The use of the site for anything other than the uses listed for the R-1 district would require the City Council to agree to re-guide the use of the property in the Comprehensive Plan and rezone the property. The City Council could also re-zone the property to R-2 single-family which would allow smaller single family lots. The City Council has broad discretion over how the subject property is guided in the Comprehensive Plan and zoned. Based only on the minimum lot size of 9,000 sq. ft. in the R-1, a maximum of 18 lots could be created, but that crude calculation does not take into account site impediments, land dedications, stormwater management requirements, etc. that would likely reduce the number of lots that could be created. Similarly if the property was rezoned to R-2 the site could yield a maximum of 22 lots because the minimum lot size for the R-2 district is on 7,200 sq. ft. Again this estimate does not take into account any site impediments etc. These estimates are merely for rough comparison and are not what precisely could be created on the site. In all likelihood far fewer standard single family lots are likely to fit on the site. If the City Council decides to explore this approach further, more detailed subdivision plans would be prepared alone with a more accurate estimate of the number of lots and homes that could be created would be generated. Beyond the number of lots that could be created is the question of the marketability of the lots. It seems reasonable to assume that at least some lots would be marketable for single family homes especially lots facing Vernon Ave. However single family houses fronting on Hwy 100 or Special Study Session Meeting of July 20, 2015 (Item No. 1) Page 4 Title: Former Lutheran Church of the Reformation Site – Property Guidance situated adjacent to the parking lot for the apartment building on the north may be less marketable. Substantial buffering of the homes from Hwy 100 and the adjacent parking lot may counteract the negative impacts of these adjacent uses, but would increase development costs and reduce the number of lots that could be created. In speaking with the broker for the property there have been numerous expressions of interest in the property but none of them included constructing a single family subdivision over the entire property. Given the land use to the north (high density multifamily residential) and the highway and civic uses to the east, the Council may want to consider the introduction of other residential or commercial uses on the subject property besides single-family homes. A case could be made for a mix of uses. The site has good visibility from Highway 100 and reasonable access to the site from and to Hwy 100 South Bound. Care would need to be taken to ensure that traffic did not unnecessarily drive through the neighborhood. Such a mix could involve perhaps four or five single family homes along Vernon to the west and other complementary uses to the east. Requiring single family homes along Vernon would be consistent with the other single family homes along the street immediately to the north, west and south and would be in keeping with the character of the neighborhood. The eastern portion of the site could remain institutional (i.e. place of worship), incorporate medium density housing such as townhouses or similar medium-density attached housing, which the City Council has previously commented is underrepresented in the City’s housing stock. Also, a “group daycare/nursery school” use may fit in with the site. Group daycare is a permitted accessory use for religious institutions or schools in the R-1 district. In order for all or a portion of the land to be used exclusively for a group daycare (as the principal use), the site would need to be zoned either R-4 multiple family residential or commercial. The R-4 zoning district would open up the possibility of a day care use, single-family, two-family, or multiple- family housing. Allowing the above possible uses on the eastern portion of the site could be a reasonable transition given the land uses to the north and the east. Such a mix would require an amendment to the Comprehensive Plan and a rezoning. The lack of convenient access to transit makes the subject property less attractive for low-income housing, senior housing, or human service institutional uses. Whether only single family residences or a combination of uses is allowed on the subject property any potential redevelopment of the subject property should consider the following: • Potential conservation/relocation of all or a portion of the community garden • Potential preservation of some of the significant trees on the site • Providing a trail connection between Utica and Vernon (to the pedestrian bridge over Highway 100) • Construction of a trail along Utica Avenue • Construction of a sidewalk along Vernon Avenue • Meeting with the Birchwood neighborhood in advance of any applications Summary If it is the City Council’s direction that the subject property’s current land use (Civic) and zoning (R-1) should remain unchanged then there is no need for the Council to take further action and staff feels it is unnecessary for the EDA to pursue purchasing the property in order to preserve the property for single family housing or civic uses. If the Council desires to explore a Special Study Session Meeting of July 20, 2015 (Item No. 1) Page 5 Title: Former Lutheran Church of the Reformation Site – Property Guidance combination of other potential uses on the property, such as those mentioned above, Staff can inform the synod and any potential purchaser of this potential option. Since any potential redevelopment of the subject property other than those currently allowed under the R-1 zoning require some Council approval, the Council has full discretion to determine how the property is redeveloped and therefore it is not seem necessary for the EDA to attempt to purchase the subject property. Therefore, given that the Council currently has controls in place to require single family houses on the subject property, staff does not recommend offering to purchase the property to control its future use. Special Study Session Meeting of July 20, 2015 (Item No. 1) Page 6 Title: Former Lutheran Church of the Reformation Site – Property Guidance From: Birchwood Neighborhood Steering Committee Re: Development of parcel containing Lutheran Church of the Reformation Date: July 5, 2015 We were saddened by the closing of the church which was an outstanding community partner in our Birchwood neighborhood. We are hopeful that development of the parcel will be done in a way that preserves as much of the natural beauty as possible, including the mature trees. We are delighted to hear retention of the community garden is part of the plan. Given the expense and effort that gardeners have expended to develop and maintain their plots, it would be ideal if it could be retained in its original location. In keeping with our neighborhood character and to prevent traffic/congestion issues, we would like the property to retain its current single family home zoning instead of being changed to a multifamily or commercial zoning. We welcome the opportunity to work with the city and developer to make this project one that enhances our city and our neighborhood. Kathryn McKeen Sharon Lehrman Janet Weivoda Thom Miller Clark and Noni Eichelberger Rick Dworksky Nancy Gertner Jennie Edstrom Meeting: Economic Development Authority Meeting Date: July 20, 2015 Minutes: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA JULY 6, 2015 1. Call to Order President Mavity called the meeting to order at 7:31 p.m. Commissioners present: President Anne Mavity, Tim Brausen, Steve Hallfin, Jeff Jacobs, Gregg Lindberg, Susan Sanger, and Jake Spano. Commissioners absent: None. Staff present: Executive Director (Mr. Harmening) and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes June 15, 2015 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports 5a. Approval of EDA Disbursements It was moved by Commissioner Hallfin, seconded by Commissioner Spano, to accept for filing EDA disbursement claims for the period of March 28, 2015, through June 26, 2015. The motion passed 7-0. 6. Old Business - None 7. New Business - None 8. Communications - None 9. Adjournment President Mavity adjourned the meeting at 7:32 p.m. ______________________________________ ______________________________________ Secretary President Meeting: Economic Development Authority Meeting Date: July 20, 2015 Action Agenda Item: 7a EXECUTIVE SUMMARY TITLE: Resolution of Support Authorizing a Grant Application to the Metropolitan Council Livable Communities Transit Oriented Development Program for PLACE RECOMMENDED ACTION: Motion to Adopt EDA Resolution authorizing a grant application to the Metropolitan Council Livable Communities Transit Oriented Development Program for development activities for PLACE. POLICY CONSIDERATION: Does the EDA support the submission of a grant application to the Metropolitan Council Livable Communities Act-Transit Oriented Development (LCA-TOD) program to fund development activities by PLACE for its proposed project near the proposed SWLRT Wooddale Station at the site, including the former McGarvey Coffee Plant? SUMMARY: The Metropolitan Council has made funding available for development projects in Metropolitan Council identified Transit-Oriented Development (TOD) areas. This funding can be used for a variety of activities including site assembly, public infrastructure, stormwater, and energy efficiency systems. The PLACE project concept was first introduced to the Council November 25, 2013, and most recently on May 11, 2015 where it received a favorable reception. At that time PLACE introduced the concept of a mixed-use, mixed-income development that incorporated a number of renewable energy sources, including an anaerobic digester. PLACE is currently completing pre-development activities under a grant from the Met Council. The principal activities of this LCA-TOD Development grant include: stormwater improvements, site acquisition and fuel cells related to the anaerobic digester. A resolution authorizing the grant application is attached. The resolution has been written to reflect the specific language required by the Metropolitan Council. Grant applications were due July 1, 2015 and require a resolution from the governing body of the city where the project is located, in support of the project. Resolutions of support may be submitted within 30 days of the application due date. The grant period ends three years from the date of the grant award, by which time construction must begin. FINANCIAL OR BUDGET CONSIDERATION: The grant request is for the maximum amount of $2,000,000. There is no match requirement for LCA-TOD Development grants. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager Economic Development Authority Meeting of July 20, 2015 (Item No. 7a) Page 2 Title: Resolution of Support Authorizing Grant Application to Met Council LCA-TOD Program for PLACE RESOLUTION NO. 15-____ RESOLUTION AUTHORIZING AN APPLICATION TO THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT FUNDING ON BEHALF OF PLACE WHEREAS, the St. Louis Park Economic Development Authority (EDA) is eligible to apply for Livable Communities Demonstration Account funds on behalf of cities participating in the Livable Communities Act’s (“LCA”) Housing Incentives Program for 2015 as determined by the Metropolitan Council; and WHEREAS, the EDA has identified a proposed TOD Project within the City of St. Louis Park that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS, the EDA has the institutional, managerial and financial capability to adequately mana ge an LCA TOD grant; and WHEREAS, the EDA certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the EDA acknowledges TOD grants are intended to fund projects or project components that can serve as models, examples or prototypes for TOD development or redevelopment elsewhere in the region, and therefore represents that the proposed TOD Project or key components of the proposed TOD Project can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible TOD Projects that would not occur without the availabilit y of TOD grant funding. NOW THEREFORE BE IT RESOLVED that, the EDA after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City’s development goals and priorities to pursue the proposed TOD Project at this particular site and at this particular time. 2. Finds that the TOD Project component(s) for which Livable Communities TOD funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will occur within the term of the grant award only if Liv able Communities TOD funding is made available for this TOD Project at this time. Economic Development Authority Meeting of July 20, 2015 (Item No. 7a) Page 3 Title: Resolution of Support Authorizing Grant Application to Met Council LCA-TOD Program for PLACE 3. Authorizes its City staff to submit on behalf of the City an application for Metropolitan Council Livable Communities TOD grant funds for the TOD Project component(s) identified in the application, and to execute such agreements as may be necessary to implement the TOD Project on behalf of the City. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the following donations being accepted at the meeting and listed on the Consent Agenda: From Amount For Jay Jaffee and Bob Fields Trail Camera (Value $129) Trail Camera to be installed and monitored at Westwood Hills Nature Center for wildlife observation. Sam’s Club Cookie Trays ($42 Value) Food for the Hwy 7 & Louisiana Ave. Ribbon Cutting Event Nordic Ware 50 Mini Bundt Pans ($450 Value) Souvenirs for guests attending the Hwy 7 & Louisiana Ave. Ribbon Cutting Event Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 20, 2015 Presentation: 2b EXECUTIVE SUMMARY TITLE: Playground Junior Leader Recognition RECOMMENDED ACTION: The Mayor is asked to recognize the Junior Leaders for their service this summer. Junior Leader Coordinator Matt Terry will be in attendance to provide background and current information on the summer program. Summer Playground Director Katie Lee will also be in attendance to assist with the presentation. POLICY CONSIDERATION: None at this time. SUMMARY: There were 38 youth volunteers that completed the program this summer and collectively they have volunteered over 1,520 hours. Several of these volunteers have been involved for many years. The Junior Leaders Program has been part of the Parks and Recreation Department for over 21 years. Junior Leaders for the St. Louis Park Parks and Recreation Department volunteer during June and July in the Summer Playground Program. The goal of this program is to offer 7th through 9th grade youth an opportunity to maintain their relationship with the summer playground program, while gaining valuable on-the-job experience assisting full-time leaders with other youth, ages 6 to 12. Job responsibilities included assisting leaders with program activities, set-up and clean-up, and initiating activities for playground participants. Junior Leaders demonstrated responsibility, positive attitudes and a willingness to spend part of their summer volunteering their time at a neighborhood park. During their time in the parks this summer, they became role models for the program participants they worked with, as well as excellent helpers for the full-time leaders. This summer there were 13 playground sites with a total of 968 kids registered. Along with playground staff, Junior Leaders play a key role in providing a positive experience for each participant. Junior Leaders were required to work a minimum of 40 hours during the Summer Playground Program. The Junior Leaders are rewarded with this special recognition, a letter of recommendation, and passes to The Rec Center’s ice arena and Aquatic Park. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Stacy Voelker, Senior Office Assistant Lisa Abernathy, Recreation Coordinator Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 20, 2015 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA JULY 6, 2015 The meeting convened at 6:15 p.m. Councilmembers present: Mayor Pro Tem Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Director of Engineering (Ms. Heiser), Principal Planner (Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), and Recording Secretary (Ms. Hughes). 1. Southwest LRT Update Ms. McMonigal presented the staff report and discussed the cost reductions voted on by the CMC and forwarded to Met Council. She explained that it was important to Eden Prairie that the line go to the Southwest Transit Station and Eden Prairie agreed to defer the Town Center station and delete the Mitchell Road station. She stated it was important to Hopkins to keep the Shady Oak park and ride and it was important to St. Louis Park to keep the trail bridge over Beltline, adding that this allows Hennepin County to retain the Federal grant it received for the trail separations at Wooddale and Blake. She stated the park and ride at Beltline was reduced to 268 spaces versus 541 spaces and staff continued to work with the SPO on a possible joint development in this area. She advised that Hennepin County offered to donate the Rail Authority right-of-way, totaling $30 million, and this amount would be matched by the Federal government. She stated that Hennepin County also offered another $8 million in environmental response funds and Community Works Funds, and the County was looking to the cities to make up the remaining gap of approximately $9.5 million. Mr. Locke stated that the parking lot at the Beltline park and ride incorporated a large portion of the frontage road right-of-way and the SPO was looking to the City to vacate that land for free. Councilmember Sanger asked if there had been any discussion about the parcel of County land adjacent to the Beltline station area and whether the SPO would turn over this parcel to the City in exchange. Mr. Locke replied that had not been discussed with the SPO. He stated any items deleted from the budget that any of the cities were willing to pay for, could go back into the budget. One of the items being considered by the City was the trail underpass at the Louisiana Avenue station at a cost of $600,000. If the City wanted this trail connection, the City would need to come up with half the money and the FTA would pay for the other half. It was the consensus of the City Council to include the trail underpass at the Louisiana Avenue station at a cost to the City of $300,000. City Council Meeting of July 20, 2015 (Item No. 3a) Page 2 Title: Special Study Session Minutes of July 6, 2015 Councilmember Spano provided a summary of the recent CMC meetings to address the $341 million gap in funding. He advised there was discussion about whether the cities would be willing to put cash on the table to help reduce the budget and whether St. Louis Park was willing to contribute $2 million, whether Minnetonka was willing to contribute $2 million, and whether Hopkins was willing to contribute $500,000. He stated that Eden Prairie did not offer any cash but agreed it would donate land and Minneapolis indicated it would not object to the Cedar Lake trail bridge separation. He pointed out that no firm commitments were made at the time of these discussions. Councilmember Mavity felt that a City contribution of $2 million was reasonable. Councilmember Sanger agreed that a $2 million contribution was reasonable but felt it was unreasonable that Minneapolis refused to contribute any cash, especially since Minneapolis had the highest number of stations and received a $30 million incentive that would cover the Cedar Lake trail bridge. She stated she was willing to have the City contribute $2 million contingent on Minneapolis making a contribution in cash. She acknowledged that Eden Prairie was not making a cash contribution either, but noted the biggest budget cuts were affecting Eden Prairie. Councilmember Lindberg did not think that a contingency that Minneapolis must contribute cash was in the best interests of what the City had tried to accomplish throughout the course of this project. He was reluctantly supportive of having the City contribute $2 million and stated it was important to find a funding source for this regional project because the City would enjoy significant long-term benefits from an economic standpoint. Councilmember Hallfin expressed frustration that other cities were not willing to contribute as much to see this project completed. He stated he considered giving up on the project because of all the roadblocks put in front of the City. He indicated he was still willing to try, but if there were any more roadblocks going forward he was prepared to walk away from the project. Mayor Pro Tem Brausen spoke in favor of contributing $2 million and stated the project would provide substantial benefits to the community and region as a whole. He opined at some point the State was going to have to pay some of the additional cost. Councilmember Mavity asked about funding sources and how the $2 million might impact the budget. Councilmember Spano stated that the $2 million contribution could be paid out over a number of years and would not have to be paid all at once. Mr. Harmening stated that SPO is identifying those parts of the project that, in the end, will be owned by the City, e.g., sidewalks and trails, the underground infrastructure, etc., and there are funding sources available to the City versus using the property tax levy to pay for the potential $2 million contribution. Councilmember Lindberg stated it would be important for Council to consider all funding sources as well as to reprioritize the budget to find the most efficient way to fund this so that a significant levy increase was not needed. It was the consensus of the City Council to direct staff to prepare a resolution of support for the $2 million local pledge for consideration at the July 20, 2015, City Council meeting. City Council Meeting of July 20, 2015 (Item No. 3a) Page 3 Title: Special Study Session Minutes of July 6, 2015 Councilmember Sanger asked if a provision could be included that cities who make local contributions would have first claim on receiving a pro rata reimbursement of any available contingency funds. Councilmember Spano advised that this was discussed by the CMC and received support, adding that Met Council has cut the number of rail cars on the line to decrease the budget and this would be the first thing added back into the project. 2. Xenwood Avenue Update Mr. Sullivan presented the staff report and provided a description of the potential west and east alignment for Xenwood Avenue and associated costs and impacts. He advised that the east alignment had challenges associated with it, including the substantial grade change to get under the railroad tracks and Camerata Way would not align with Xenwood under this alignment. He stated that the Cityscape Apartments would lose approximately 50 parking stalls and this would need to be discussed with the Cityscape Apartments. He stated the east alignment also impacted the McGarvey site and the road would be about 15’ lower than the existing grade at this location. He described the west alignment recommended by staff and stated there were better sight lines with this option, adding that the west alignment required a taking of the automotive service company and a portion of the McGarvey site. Councilmember Sanger asked if it was true that Met Council or Hennepin County was going to insist on closing off the median on Wooddale so that people coming from the eastbound ramp would not be able to get across. Mr. Sullivan replied in the affirmative. Councilmember Sanger stated if that was the case, she did not think the Xenwood underpass was worth it because a good portion of traffic would not be able to use this if they were coming from the north or west and given the fact that the price had skyrocketed so much. Councilmember Mavity stated that Cityscape had approximately 160 apartments and another 300+ apartments and a hotel planned for this area. If the Xenwood underpass was not constructed, all that traffic would come in and out of the service road on a right in/right out and would become one of the busier intersections in the City. She felt the City needed to move forward on this and agreed that the price was more than Council wanted to see and requested that the City move forward with the neighborhood meetings before any final decisions are made. She added the City just put in the traffic light at 36th and Xenwood and she was surprised to learn there is no left turn arrow for traffic coming down 36th Street. Councilmember Spano spoke in favor of the west alignment alternative and to continue working on the costs and impacts of this alignment. Councilmember Lindberg felt the west alignment made the most sense but was concerned that the cost had increased from $13 million to $18 million. He felt that Council would need to consider whether to put 300 units on the McGarvey site because the cost of this LRCI was driven significantly by the fact that the PLACE development was so dense. He also suggested that Council take a good look at the Wooddale and Highway 7 intersection and whether to use this money to solve that problem as opposed to the Xenwood underpass. City Council Meeting of July 20, 2015 (Item No. 3a) Page 4 Title: Special Study Session Minutes of July 6, 2015 Councilmember Hallfin agreed with Councilmember Lindberg and felt the City should stop working on the Xenwood underpass all together. Mayor Pro Tem Brausen spoke in favor of the west alignment alternative and to continue working on the costs and impacts of this alignment. Councilmember Mavity reminded Council that they had indicated several times over the last two or three years that they wanted development on the McGarvey site and Council was on the record as supporting transit oriented development and recently approved a resolution supporting the City’s application for a grant to facilitate that development. Mayor Pro Tem Brausen adjourned the meeting at 7:27 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Tim Brausen, Mayor Pro Tem Meeting: City Council Meeting Date: July 20, 2015 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 6, 2015 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), City Clerk (Ms. Kennedy), Chief Information Officer (Mr. Pires), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Finance Supervisor (Mr. Heintz), Civic TV Coordinator (Mr. Dunlap), Communications and Marketing Manager (Ms. Larson), and Recording Secretary (Ms. Hughes). Guest: Brian Grogan (Moss & Barnett). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations Mayor Jacobs expressed the City Council’s thanks and appreciation to Northland Aluminum/Nordic Ware for its $350 donation for food and supplies for the 2015 Fire Department Open House and to Cub Foods for its $200 gift card for the purchase of food and supplies for the 2015 Fire Department Open House. 3. Approval of Minutes 3a. Study Session Meeting Minutes June 8, 2015 The minutes were approved as presented. 3b. Special Study Session Meeting Minutes June 15, 2015 The minutes were approved as presented. 3c. City Council Meeting Minutes June 15, 2015 The minutes were approved as presented. City Council Meeting of July 20, 2015 (Item No. 3b) Page 2 Title: City Council Meeting Minutes of July 6, 2015 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Accept for filing City Disbursement Claims for the period of April 25, 2015 through June 26, 2015 4b. Moved to 8e 4c. Adopt Resolution No. 15-088 accepting donations to the Fire Department 4d. Adopt Resolution No. 15-089 authorizing installation of stop signs on Kentucky Avenue & W. 18th Street 4e. Adopt Resolution No. 15-090 authorizing the revision of parking restrictions on 5320 W. 23rd Street Councilmember Lindberg requested that Consent Calendar item #4b be removed and placed on the Regular Agenda. It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item #4b to the Regular Agenda as item #8e; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing – Private Activity Revenue Bond Refunding & Approval of Resolution – Jones Harrison Residence Project. Resolution No. 15-091. Mr. Heintz presented the staff report and explained that Jones Harrison Residence issued private activity revenue bonds in 2005 through the City of Minneapolis and is proposing to reissue the bonds in an amount up to $13 million. He advised that Minneapolis agreed to grant host approval to allow the bonds to be issued by the City of St. Louis Park and the bonds will provide an administrative fee to the City of approximately $240,000 over the 25-year life of the bonds and the City uses this administrative fee in its Housing Rehabilitation Fund. He introduced the City’s bond counsel, Ms. Julie Eddington from Kennedy & Graven. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger requested further information regarding why the City would issue bonds to benefit an organization outside the City. City Council Meeting of July 20, 2015 (Item No. 3b) Page 3 Title: City Council Meeting Minutes of July 6, 2015 Ms. Eddington explained that Jones Harrison asked the City of Minneapolis to refinance the bonds and Minneapolis had a new requirement that bonds be issued in $100,000 denominations and the 2005 bonds were issued in $5,000 denominations. She stated the underwriter wanted to keep the bonds in $5,000 denominations in order to sell them to those who currently own the 2005 bonds. She stated Jones Harrison had provided security, including a promise to pay the bonds under a mortgage agreement and the obligations were secured by a guarantee of the Jones Harrison Foundation, which has approximately $8 million in funds available. She stated the City can issue tax exempt bonds for facilities in other cities as long as the host city provides host approval. The City of Minneapolis held a public hearing in June and was scheduled to provide final approval on Friday, July 10th. Councilmember Lindberg asked about the City’s risk, if any, in issuing this debt in return for an administrative fee. Ms. Eddington replied the City can no longer issue bank qualified bonds for the rest of the year and it was her understanding the City had no plans to issue additional debt this year. She stated the City was a conduit borrower so all risk would be on the borrower and the borrower promised to fully indemnify the City with respect to any default. Councilmember Brausen requested confirmation that this transaction would have no impact on the City’s bond rating. Ms. Eddington replied that this was correct. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to adopt Resolution No. 15-091 Authorizing the Issuance, Sale, and Delivery of the City’s Revenue Bonds for the Benefit of Jones-Harrison Residence, which shall be Payable Solely from Revenues Pledged Pursuant to the Indenture and the Loan Agreement; Approving the Form of and Authorizing the Execution and Delivery of the Revenue Bonds and Related Documents. The motion passed 7-0. 6b. Public Hearing Liquor Barrel Off-Sale Liquor License – New Ownership Ms. Kennedy presented the staff report and stated the existing liquor establishment, owned by MM Liquor Barrel, Inc., was in the process of selling the business to Yayin Gadol, LLC. The new owner submitted an application to obtain an off-sale intoxicating liquor license. She advised that the Police Department conducted a full background investigation and found nothing to warrant denial of the license. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve Off-Sale Intoxicating Liquor License for Yayin Gadol, LLC, dba Liquor Barrel, located at 5111 Excelsior Boulevard, for the license term through March 1, 2016. The motion passed 7-0. City Council Meeting of July 20, 2015 (Item No. 3b) Page 4 Title: City Council Meeting Minutes of July 6, 2015 6c. Inchin Corporation dba Blue Fox Bar & Grill – On-Sale Intoxicating and On-Sale Sunday Liquor License Ms. Kennedy presented the staff report and explained that Inchin Corporation dba Blue Fox Bar & Grill applied for an on-sale intoxicating and on-sale Sunday liquor license for a restaurant located at 5377 W. 16th Street. She advised that the Police Department conducted a full background investigation and did not find anything that would warrant denial of the license. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Brausen, seconded by Councilmember Lindberg, to approve application from Inchin Corporation, dba Blue Fox Bar & Grill, for an On-Sale Intoxicating and On-Sale Sunday Liquor License to be located at 5377 W. 16th Street, with the license term through March 1, 2016. The motion passed 7-0. 6d. CenturyLink Application for Cable TV Franchise Mr. Dunlap presented the staff report and advised that the City publicized the public hearing through its normal process and also via social media and received 30 comments, copies of which were distributed to the City Council and made part of the official record. He introduced Mr. Toby Keeler from the Telecommunications Commission and Mr. Brian Grogan from Moss & Barnett. Mr. Grogan reminded residents that Moss & Barnett represented the City and was advising the City on the competitive franchise process. The intent of the public hearing was to receive comment on the franchise application and to consider CenturyLink’s financial, legal, and technical qualifications. He referenced the June 2015 report from Moss & Barnett regarding the qualifications of the applicant and recommendations to the City. He stated that CenturyLink is the parent company based in Monroe, Louisiana, and is the third largest telecommunications company in the United States. He explained that the company that applied for the cable TV franchise is a subsidiary known as Qwest Broadband Services, Inc. (QBSI) and as of May 2015, QBSI was registered as a foreign corporation in Minnesota in good standing and not subject to any UCC filings, tax liens, or judgments. He stated that CenturyLink offers a fiber optic IPTV service that will use CenturyLink’s existing infrastructure in the right-of-way to provide their product. He pointed out that customers would have to buy CenturyLink’s broadband service in order to receive the cable TV product. He advised that Moss & Barnett contacted several cities served by CenturyLink and asked a series of questions regarding performance, franchise compliance, billing, and complaints and the responses were fairly clean with the exact answers provided in the staff report. He stated there was no objective criteria to rely upon as it relates to QBSI’s financial qualifications. Moss & Barnett requested information on QBSI but CenturyLink declined to provide standalone financial statements or projected financial information for its future operations. He advised it is Moss & Barnett’s opinion that there is not a basis for the City to deny the request based on a lack of financial qualifications and they believe CenturyLink possesses the requisite City Council Meeting of July 20, 2015 (Item No. 3b) Page 5 Title: City Council Meeting Minutes of July 6, 2015 qualifications and appears to have sufficient funding to finance, operate, and bring its cable system online in the City based on the information reviewed for CenturyLink. Mayor Jacobs opened the public hearing. Mr. Tyler Middleton, CenturyLink Vice President of Operations for Minnesota, stated that CenturyLink is excited about the opportunity to bring competition and choice to this market. He stated that their Prism product is currently available in 14 markets, including LaCrosse, Denver, Phoenix, and Las Vegas. He stated they are trying to leverage as much of their existing infrastructure as possible by using existing copper telephone lines and they have been building the fiber to the home network and have over 100,000 homes enabled for fiber to the home. He stated they have an ordinance in place with Minneapolis for a franchise and on June 1st began offering Prism to Minneapolis residents and they look forward to bringing this opportunity to St. Louis Park residents. He then introduced Mr. Patrick Haggerty, CenturyLink Director of State Regulatory and Legislative Affairs. Councilmember Sanger requested confirmation that customers must sign up for both internet service and cable television. Mr. Haggerty replied this was correct, adding this is purely a marketing strategy and if they find a strong demand to offer the products separately, they can change their strategy. Councilmember Sanger asked if anyone in St. Louis Park who wanted to sign up for internet service and cable TV would be able to do so assuming they had all the required technical connections. She also asked if there were mechanisms in place to connect those areas that do not currently have the required connections. Mr. Middleton replied that anyone would be able to sign up for internet service and cable TV assuming they meet all the technical requirements. He stated that CenturyLink will continue to reinvest in the market and its objective is to upgrade those connections, depending on its success in this market. Councilmember Sanger stated it appears there are some conflicts in the current governing state and federal laws and to the extent that St. Louis Park is drawn into any litigation regarding the conflicting governing statutes, it was her expectation that the City would be indemnified for its legal costs. Mr. Haggerty confirmed that CenturyLink would offer indemnification to the City. Mr. Middleton stated that the franchise agreement would include appropriate language indemnifying the City for its legal expenses. Mayor Jacobs closed the public hearing. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items City Council Meeting of July 20, 2015 (Item No. 3b) Page 6 Title: City Council Meeting Minutes of July 6, 2015 8a. Approve CenturyLink’s Legal, Technical & Financial Qualifications for a Competitive Cable TV Franchise. Resolution No. 15-092. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt Resolution No. 15-092 Regarding Findings of Fact with Respect to the Proposal of Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc., for a Cable Communications Franchise. The motion passed 7-0. 8b. Conditional Use Permit: West End Childcare Center, 2230 Edgewood Avenue South. Resolution No. 15-093. Mr. Morrison presented the staff report and explained that the applicant proposed to operate a group day care in the north end of the multi-tenant building at 2230 Edgewood Avenue South. He stated the property is zoned Industrial Park and a group daycare is allowed in the Industrial Park district by CUP with conditions, including a condition requiring 40 square feet of outside play area per child. The applicant proposed to provide 2,691 square feet of outside play area and met the minimum setbacks for the outside play area. He stated that a parking analysis was completed for all of the uses in the building and the proposed group day care met the City’s parking requirements. He noted that on the south side of the building there is a loading dock that requires trucks to park at an angle and the property owner agreed to modify this area so that access to the site is maintained throughout the day. He stated the Planning Commission reviewed the application and received one comment expressing concern about traffic in the area during drop-off and pickup times. Ms. Sheila Dise, 6700 Elliot View, stated they have tried to get a new playground in the past and were told there is too much truck traffic in the area. She stated they do not believe an industrial area is appropriate for a day care. Mr. Morrison stated that a day care is a legal use allowed in the Industrial Park district by CUP. He stated the majority of the play area is in a fenced-in area in the back protected by a second fence and access to the play area is only available through the building. Councilmember Spano expressed concern about traffic from the businesses in the building and stated those businesses need to be made aware of this new day care use and to urge caution when driving in the area. Councilmember Sanger requested that staff monitor the intersection at Edgewood and Cedar Lake Road to see if a traffic light is warranted at the intersection. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt Resolution No. 15-093 Granting Conditional Use Permit under Section 36-243(d)(4) of the St. Louis Park Ordinance Code Relating to Zoning to Permit a Group Daycare for Property Zoned IP Industrial Park District located at 2230 Edgewood Avenue South. The motion passed 7-0. 8c. First Reading of Zoning Ordinance Amendment Related to Signage City Council Meeting of July 20, 2015 (Item No. 3b) Page 7 Title: City Council Meeting Minutes of July 6, 2015 Mr. Morrison presented the staff report and provided an explanation of the proposed amendments to the Zoning Ordinance to increase the maximum sign area allowed for properties over 100,000 square feet in the Industrial and Business Park zoning districts and to apply the same sign regulations as allowed in the C-2 General Commercial district to the M-X district and to clarify the regulations pertaining to multi-tenant exemption. He stated the Planning Commission held a public hearing regarding the proposed amendments and recommended approval. Councilmember Sanger expressed concern about the amendment to the M-X district and stated the M-X districts are mostly residential and people living in the apartments could be forced to look at unsightly commercial signs. She asked if the language could be modified to assure that residents would not have to stare at visual blight. Mr. Morrison stated that multi-tenant signage can only be applied to a tenant’s wall space and cannot go above the space of the commercial tenant with the only exception being that if a property owner, e.g., Excelsior & Grand, took their general allocation for signage and applied it anywhere on the property. Councilmember Mavity provided an example of the CVS sign at Excelsior & Grand that was not well received by the neighbors and stated she wanted to make sure the proposed amendment was not somehow facilitating additional signs and/or adding blight. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to remove the section of the proposed Ordinance amendment regarding the M-X district in order to have further study session discussion. Councilmember Spano stated that Grand Avenue in St. Paul had a signage district with specific standards that Council might find useful pertaining to this discussion. Mr. Harmening advised that Council could approve the First Reading as submitted and at the time of the Second Reading, staff would provide Council with further information and visual depictions of the proposed amendment and if Council was still not comfortable with the amendment, the portion pertaining to the M-X district could be pulled with the remainder of the Ordinance adopted at Second Reading. Councilmember Sanger withdrew her motion. Councilmember Mavity withdrew her second of the motion. It was moved by Councilmember Spano, seconded by Councilmember Lindberg, to approve First Reading of Ordinance Amending Chapter 36 of the St. Louis Park City Code Pertaining to Signage, and to set Second Reading for July 20, 2015. Councilmember Mavity requested that staff provide Council with sketches in different environments and other options that might be available. Councilmember Sanger requested that the drawings depict the signs and view of the signs from the residential units. The motion passed 7-0. City Council Meeting of July 20, 2015 (Item No. 3b) Page 8 Title: City Council Meeting Minutes of July 6, 2015 8d. Appeal of BOZA Decision – St. Louis Park Properties, Mr. Todd Jones, Chief Manager, 5305 Parkdale Drive. Resolution No. 15-085. Mr. Morrison presented the staff report and provided background information regarding the variance request. He stated the property was being converted into an indoor self- storage facility and the use is allowed in the Industrial Park district. He stated the applicant indicated they would like to enhance the façade of the building as shown in the renderings and plans to remove some of the bituminous on the site and replace it with a rain garden. He stated that BOZA considered the variance request and was not able to pass a motion to deny or approve the variance. As a result, the variance was considered denied and the applicant appealed the BOZA action. Council conducted a public hearing on June 15, 2015, and voted 4-2 to approve the variance with the conditions that the façade improvements be made as presented and that the asphalt be replaced with a rain garden as presented. It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to adopt Resolution No. 15-085 Adopting Findings and Decision Reversing the Board of Zoning Appeals (BOZA) Denial of St. Louis Park Properties’ Application for Variance. Councilmember Sanger stated she did not believe the request met the criteria for granting a variance and did not believe the conditions contained in the resolution met the conditions for granting a variance. She stated that variances were granted based on whether they were necessary for the property owner to make reasonable use of their property and, in this case, a business was making reasonable use of their property. She stated there was no claim that there is anything unusual about the property itself that is contributing to the property owner’s inability to use the property and no claim of hardship. She opined this came down to the property owner wanting to make more money by having more usable floor space in the building. She stated that economic considerations were not a valid basis for granting a variance and if this variance was approved it would provide a competitive advantage to this property owner compared to other property owners in the storage business that are complying with the City’s zoning requirements. Councilmember Spano stated this was a matter of equity and he opposed the variance as well. Councilmember Brausen felt the greenest use of any building was to reuse it and this variance provided an opportunity to repurpose a building and maximize use of the space. He felt that rigidly applying the Zoning Code in this case seemed silly and asked for Council’s support in approving the variance. The motion passed 4-3 (Councilmembers Mavity, Sanger, and Spano opposed). 8e. Designate Polling Places and Appoint Election Judges for 2015 Election. Resolution No. 15-087. Councilmember Lindberg wished to publicly thank the City’s election judges for their willingness to serve in this important public service. It was moved by Councilmember Lindberg, seconded by Councilmember Sanger, to adopt Resolution No. 15-087 Designating Polling Places and Appointing Election Judges for City Council Meeting of July 20, 2015 (Item No. 3b) Page 9 Title: City Council Meeting Minutes of July 6, 2015 the 2015 Municipal Primary and Municipal/School District/State Special General Elections. The motion passed 7-0. Councilmember Mavity wished to note that the City’s primary election typically has a 5% or less turnout, which is another reason for the City to consider ranked choice voting because it would be more efficient. 9. Communications Councilmember Lindberg thanked City staff for another great job on the fireworks at Aquila. He also reminded residents of the ribbon cutting on Thursday, July 16th, at 10:00 a.m. for the Highway 7 and Louisiana Avenue project. Councilmember Sanger also thanked City staff for the excellent fireworks at Aquila and thanked Hollywood Pyrotechnics, the company that puts on the fireworks show. Councilmember Hallfin agreed that the fireworks were great and suggested that the City consider adding choreographed music to the fireworks show. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:53 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4a MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA June 3, 2015 Community Room, City Hall Present: Terry Gips, Paul Zeigle; Alex Sundvall; Judy Voight; Rick Person; Jayne Steveson; Ryan Griffin; Nancy Rose; Cindy Larson O’Neil; Renee McGarvey; Rachel Harris. Also present: Rick Person (Planning Commissioner) Staff Present: Shannon Pinc; Phil Elkin; Kala Fisher (presenter); Scott Merkley (presenter) Not present: Mark Eilers; Chris Anderson; Karen Laumb 1) Minutes of May 6, 2015 meeting were approved. 2) July 1 meeting moved to July 8 approved. 3) Introductions of E&SC members & their work groups and City staff. • Terry- GreenStep Cities; Education & Action; Communications • Paul- Transportation; Energy • Alex- Water Land Wildlife; GreenStep Cities; Communications • Judy- Energy; Organics; Water Land Wildlife; Communications • Rick- Organics (planning commissioner) • Jayne- Organics • Ryan- Energy; EPPP (completed); Transportation • Nancy- Water Land Wildlife • Cindy- Energy • Renee- GreenStep Cities • Rachel- EPPP (completed) • Chris- Communication; Water Land Wildlife • Karen- Water Land Wildlife • Mark- Energy; Transportation 4) Kala Fisher and Scott Merkley provided the process for the plastics and polystyrene policy research and information on SLP organics data. Timeline and research approach was explained. June 22 study session for plastics ban. Commission is invited to attend as is the public, but only the expert’s panel will present and provide Q & A for Council. In July an experts’ panel will present to Council on polystyrene ban. 5) Questions from E&SC members: a. Dedicated City staff time for communications efforts- Shannon to inquire b. Parktacular - signage or banner for parade &/or Paul’s table- Shannon to inquire c. Move July 1 meeting to July 8- Shannon to reserve meeting space on new date 6) Meeting adjourned at 9:05pm Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Temporary Extensions of Licensed Premises - Frank Lundberg American Legion RECOMMENDED ACTION: Motion to Approve Temporary Liquor License Premises Extensions for the Frank Lundberg American Legion Post 282, 5605 36th St. W., for their Party on the Pavement Anniversary event to be held August 15, 2015, and for their Annual Hockey Association Golf and Fundraising event to be held September 19-20, 2015. Both occasions will be held in the parking lot at the American Legion. POLICY CONSIDERATION: Does Council wish to approve the Temporary Liquor License Premises Extensions for the Frank Lundberg American Legion for their events being held August 15, 2015, and September 19-20, 2015? BACKGROUND: The American Legion Post 282 currently holds an On-Sale Club Liquor License for the premises located at 5605 36th St. W. The licensee has requested two temporary extensions of the licensed premises to include the west parking lot for their Party on the Pavement Anniversary event to be held August 15, 2015, and for their Annual Hockey Association Golf and Fundraising event to be held September 19-20, 2015. Food will be prepared and served indoors, though there will be tables for eating outside. Beer is proposed to be sold from a beer trailer within a designated area of the licensee’s west parking lot. The parking lot will be fenced off, with two driveways left open for emergency vehicles. Security will check ID’s and watch the fenced area to control the service of alcohol. There will be music during daytime hours. All activity will be shut down and moved inside no later than 10:00 pm. The City Fire and Police Departments have been notified of the event and did not object to the proposed extension of the licensed premises. The American Legion Post 282 is a service organization with the purpose of promoting Americanism, patriotism, and to provide for the needs of our youth and children. The applicant has met the requirements for the temporary extension of the licensed premises, and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Not Applicable. Attachments: None Prepared by: Kay Midura, Assistant – City Clerk’s Office Reviewed by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Special Assessment – Sewer Service Line Repair at 3243 Dakota Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3243 Dakota Avenue South, St. Louis Park, MN P.I.D. 16-117-21-23-0107. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Ismael and Cynthia Maldonado, owners of the single family residence at 3243 Dakota Avenue South, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $12,275.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4c) Page 2 Title: Special Assessment – Sewer Service Line Repair at 3243 Dakota Avenue South RESOLUTION NO. 15-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 3243 DAKOTA AVENUE SOUTH P.I.D. 16-117-21-23-0107 WHEREAS, the Property Owners at 3243 Dakota Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3243 Dakota Avenue South; and, WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by Inspections and Public Works Departments is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $12,275.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Special Assessment – Sewer Service Line Repair at 3335 Virginia Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3335 Virginia Avenue South, St. Louis Park, MN - P.I.D. 18-117-21-14-0034. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Patrik Tanner and Michelle Robb Tanner, owners of the single family residence at 3335 Virginia Avenue South, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $5,000.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4d) Page 2 Title: Special Assessment – Sewer Service Line Repair at 3335 Virginia Avenue South RESOLUTION NO. 15-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 3335 VIRGINIA AVENUE SOUTH, ST. LOUIS PARK, MN P.I.D. 18-117-21-14-0034 WHEREAS, the Property Owners at 3335 Virginia Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3335 Virginia Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Inspections and Public Works Departments is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $5,000.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Green Corps Host Site Resolution RECOMMENDED ACTION: Motion to Adopt Resolution supporting the City of St. Louis Park as a host site for the Minnesota Green Corps program and authorize staff to enter into an agreement with the Minnesota Pollution Control Agency (MPCA). POLICY CONSIDERATION: Is the City Council supportive of being a host site for the Minnesota Green Corp program. SUMMARY: The Minnesota GreenCorps program is an environmentally focused AmeriCorps program coordinated by the MPCA. Following a competitive solicitation process, St. Louis Park was approved as a host site the for 2015-2016 Minnesota GreenCorps program. MPCA recruits and selects environmentally-focused new college graduates or late year college students as members. They place the student member with various host sites to spend a year of service addressing critical and current environmental issues. The student member gains valuable work and job skills experience, while the host site accomplishes environmental goals and objectives. The commitment is for one year, 40 hours per week. The St. Louis Park Green Corps student member will assist with: • Community Tree inventory – updating current tree inventory and integrating data into Cartegraph asset management program. • Create outreach and education tools using tree inventory data. • Natural resource management, including tree disease control, tree planting, contract implementation and oversight, invasive species monitoring and control. • Public relations, including solid waste, organics and recycling. FINANCIAL OR BUDGET CONSIDERATION: The only expense to the City for this opportunity is for office space, phone and supervision. The MPCA will directly pay and insure the GreenCorps student member. The City of St. Louis Park Natural Resources Coordinator will supervise the member and coordinate requisite logistics with the MPCA. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Jim Vaughan, Natural Resources Coordinator Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4e) Page 2 Title: Green Corps Host Site Resolution RESOLUTION NO. 15-___ RESOLUTION SUPPORTING CITY OF ST. LOUIS PARK BECOMING A 2015-2016 MINNESOTA GREENCORPS MEMBER HOST SITE WHEREAS, the City of St. Louis Park has applied to host an AmeriCorps student member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2015-2016 program year; and WHEREAS, on June 23, the City of St. Louis Park was notified that it has been granted tentative approval to host a Minnesota GreenCorps student member; and WHEREAS, the MPCA requires a Board/Council resolution in support of GreenCorps host site application, indicating the organization’s commitment to host a Minnesota GreenCorps member; and WHEREAS, to realize the opportunity to serve as a host for Minnesota GreenCorps, the City of St. Louis Park must enter a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities; and WHEREAS, the proposed Minnesota GreenCorps student member work plan for the City of St. Louis Park is to include community forestry duties of inventory, public relations and environmental outreach and education. NOW THEREFORE, BE IT RESOLVED THAT, the St. Louis Park City Council supports the City as host to a 2015-2016 Minnesota GreenCorps student member and authorizes staff to enter into an agreement with the MPCA. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Accept Donation to Westwood Hills Nature Center of a Trail Camera (Value $129) RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a donation from Jay Jaffee and Bob Fields to Westwood Hills Nature Center of a Trail Camera (Value $129) to be installed and monitored at Westwood Hills Nature Center for wildlife observation. POLICY CONSIDERATION: Does the City Council wish to accept this gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Jay Jaffee and Bob Fields graciously donated a trail camera to Westwood Hills Nature Center. The donation is given with the restriction that it be installed and monitored at Westwood Hills Nature Center for wildlife observation. FINANCIAL OR BUDGET CONSIDERATION: This donation will be installed and monitored at Westwood Hills Nature Center for wildlife observation VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Carrie Mandler, Secretary Westwood Hills Nature Center Mark Oestreich, Manager of Westwood Hills Nature Center Reviewed by: Cindy Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4f) Page 2 Title: Accept Donation to Westwood Hills Nature Center of a Trail Camera (Value $129) RESOLUTION NO. 15-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION OF A TRAIL CAMERA (VALUE $129) TO BE INSTALLED AND MONITORED AT WESTWOOD HILLS NATURE CENTER FOR NATURE OBSERVATION WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Jay Jaffee and Bob Fields donated a trail camera to Westwood Hills Nature Center; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Jay Jaffee and Bob Fields with the understanding that the trail camera be installed and monitored at Westwood Hills Nature Center for wildlife observation. Reviewed for Administration Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Accept Donation to Highway 7 & Louisiana Avenue Ribbon Cutting (Value $492) RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of donations from Sam’s Club and Nordic Ware to the City of St. Louis Park for the August 13, 2015, Highway 7 and Louisiana Avenue Ribbon Cutting (Value $492) to be given away to event guests. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Sam’s Club donated two trays of cookies valued at $21 each as treats for the event. Nordic Ware donated 50 mini Bundt pans, at a total retail value of $450. Cookies were enjoyed by guests of the event; and the first 50 participants received a Bundt pan as a souvenir of the event. The donations were given with the restriction that they be used at the August 13, 2015, ribbon cutting event. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to host a community event celebrating the successful completion of the Highway 7 and Louisiana Avenue intersection. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Jacqueline Larson, Communications and Marketing Manager Reviewed by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4g) Page 2 Title: Accept Donation to Highway 7 & Louisiana Avenue Ribbon Cutting (Value $492) RESOLUTION NO. 15-____ RESOLUTION APPROVING DONATIONS FOR HIGHWAY 7 AND LOUISIANA AVENUE RIBBON CUTTING (VALUE $492) WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Sam’s Club and Nordic Ware donated items worth a total value of $492; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks Sam’s Club and Nordic Ware with the understanding that these items will be used for the August 13, 2015, Highway 7 and Louisiana Avenue ribbon cutting. Reviewed for Administration Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 20, 2015 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Resolution Authorizing a Metropolitan Council Livable Communities Demonstration Account Grant Application for Arlington Row RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the submission of a grant application to the Metropolitan Council Livable Communities Demonstration Account (LCDA) for the redevelopment of Arlington Row. POLICY CONSIDERATION: Does the Council support the submission of a grant application to the Metropolitan Council LCDA program to fund redevelopment activities by Melrose Development for its proposed project on the vacant properties at 13th Lane and Texas Avenue for a multi-family redevelopment. SUMMARY: The Metropolitan Council has made funding available for development projects that enhance connections in innovative ways that offer demonstration value. This funding can be used for a variety of activities including site acquisition, demolition, grading and basic placemaking public infrastructure such as sidewalks, transit shelters, stormwater improvements and energy conservation practices. The Arlington Row redevelopment project was introduced to the Council February 2, 2015 where it received a favorable reception and the Council indicated they would be willing to consider a Comprehensive Plan Land Use Amendment and Planned Unit Development (PUD) on these sites to facilitate the redevelopment concept. To facilitate this redevelopment project, the City acquired the properties from MnDOT in June 2015 and subsequently sold the two above mentioned vacant properties to Melrose Development. The principal activities of the LCDA grant include: underground stormwater detention, LED based solar powered lighting, and a geothermal heating and cooling system. A resolution authorizing the grant application is attached. The resolution has been written to reflect the specific language required by the Metropolitan Council. Grant applications were due July 1, 2015 and require a resolution from the governing body of the city where the project is located, in support of the project. The grant period ends three years from the date of the grant award, by which time construction must begin. FINANCIAL OR BUDGET CONSIDERATION: The grant request is for $596,000. There is no match requirement for LCDA Development grants. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Concept Image Prepared by: Ryan Kelley, Association Planner Reviewed by: Sean Walther, Planning and Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 4h) Page 2 Title: Resolution Authorizing a Metropolitan Council LCDA Grant Application for Arlington Row RESOLUTION NO. 15-____ RESOLUTION AUTHORIZING AN APPLICATION TO THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT ON BEHALF OF MELROSE DEVEOPMENT WHEREAS, the City of St. Louis Park is a participant in the Livable Communities Act (“LCA”) Housing Incentives Program for 2015 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account (LCDA) funds; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequately project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City acknowledges LCDA grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City’s development goals and priorities to pursue the proposed project at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will occur within three years after a grant award only if Liv able Communities Demonstration Account funding is made available for this project at this time. City Council Meeting of July 20, 2015 (Item No. 4h) Page 3 Title: Resolution Authorizing a Metropolitan Council LCDA Grant Application for Arlington Row 3. Authorizes its City staff to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk elness swenson graham architects 500 washington avenue south m inneapolis m innesota 55415 p. 6 1 2 . 3 3 9 . 5 5 0 8 f. 6 1 2 . 3 3 9 . 5 3 8 2 w w w . e s g a r c h . c o m I hereby certify that this plan, specification, or r e p o r t was prepared by m e or under m y direct supervision and that I am a duly licensed architect under the laws of the State of M innesota Signature Typed or Printed Nam e License # D ate PROJECT NUM BER D RAW N BY CHECKED BY O RIGINAL ISSUE: REVISIO NS KEY P LAN N O T F O R C O N S T R U C T IO N **D R A F T **7/9/2015 9:55:47 AMAS2.1 REFERENCE IM AGES 215515 Author Checker 07/07/15 ARLINGTON ROW ARLINGTON ROW ST. LO UIS PARK, M N PUD / COM P PLAN - 7/10/2015 No.De s cription Date City Council Meeting of July 20, 2015 (Item No. 4h) Title: Resolution Authorizing a Metropolitan Council LCDA Grant Application for Arlington Row Page 4 Meeting: City Council Meeting Date: July 20, 2015 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Approve Plans and Specifications for Construction of an Outdoor Rink at The Rec Center and Authorize Advertisement for Bids RECOMMENDED ACTION: Motion to Adopt Resolution accepting this report, establishing and approving plans and specifications, and authorizing advertisement for bids for the construction of an Outdoor Rink at The Rec Center. POLICY CONSIDERATION: Does the City Council wish to continue with this project? SUMMARY: At the Study Session held on May 26, 2015 Council was presented with the results of the design development phase for an outdoor refrigerated ice rink at The Rec Center. Direction was given to staff to begin working with RSP Architects and RJM Construction on the construction document phase of design. RSP and RJM are in the process of completing the construction document phase of design and are requesting to allow posting for bids in early August. Staff has continued to discuss the details of an agreement with the St. Louis Park Hockey Association for the commitment of $1.55 million towards the project. FINANCIAL OR BUDGET CONSIDERATION: The cost estimates for the entire project, not including bid alternates, is $5,834,911. At this time the Hockey Association is willing to commit a total of $1.55 million to the capital cost of the project. Thus far the Hockey Association has deposited $300,000 with the City and proposes to repay the remaining $1.25 million over the next twelve (12) years a minimum payment of $104,166 per year. The City’s upfront portion of the project will be paid via the issuance of bonds. CONSTRUCTION SCHEDULE Staff is suggesting the following schedule: July 20, 2015 - City Council approval of plans and authorization to bid August 13, 20, 27, 2015 - Advertise bids August 31, 2015 - Bid opening September 8, 2015 - City Council to review bid tab report and award contract September 14, 2015 - Begin project October 14, 2016 - Project completion VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Jason Eisold, Rec Center Manager Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 8a) Page 2 Title: Approve Plans & Specs for Outdoor Rink at The Rec Center and Authorize Advertisement for Bids RESOLUTION NO. 15-____ RESOLUTION ACCEPTING THE PROJECT REPORT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, the City Council of the City of St. Louis Park has received a report related to construction of an Outdoor Rink at The Rec Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 2. The proposed project, designated as Project No. 24145019 is hereby established and ordered. 3. The plans and specifications for the construction of an Outdoor Rink, as prepared under the direction of The Rec Center Manager, or designee, are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 5. The Rec Center Manager, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council July 20, 2015 Thomas Harmening, City Manager Jeffrey Jacobs, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: July 20, 2015 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Resolutions Regarding SWLRT Contribution and Trail Underpass Request RECOMMENDED ACTION: • Motion to Adopt Resolution committing local funds from the City of St. Louis Park to the SWLRT Project. • Motion to Adopt Resolution adding the Louisiana Station Trail Underpass to the SWLRT Project with local funding provided by the City of St. Louis Park. POLICY CONSIDERATION: Are there sufficient benefits for the City to justify contributing funds to the SWLRT project and providing funding enabling the trail underpass at Louisiana Station to be added back into the scope of the SWLRT project? SUMMARY: All the cities along the SWLRT corridor, Hennepin County and Three Rivers Park District are being asked to consider making contributions to help fund the project. St. Louis Park has proposed to contribute $2 million. The precise means and timing of the contribution would be addressed in agreements that will be prepared over the next few months and approved by the City Council in the future. The City would not need to provide the funds until 2017 at the earliest, and the funds would not be needed all at once. It is anticipated that the contributions would be made in a series or partial payments over two to four years, or possibly used to fund needed public improvements that ultimately would be City owned improvements anyway. The benefits of the SWLRT project for St. Louis Park are substantial and include enabling grade separation of the regional trail at both Beltline Blvd and Wooddale Ave (see attached discussion). The benefits more than justify City participation in the funding of the $1.744 billion SWLRT project. The trail underpass at the Louisiana Station was in the base SWLRT plan until the budget for the project needed to be reduced by $341 million. The underpass was removed along with a long list of other elements in order to reduce the project’s cost to an acceptable number. The trail underpass would greatly enhance access to and from both the regional trail in general and access to the Louisiana Station specifically. If the underpass is added back to the base project half the cost of the underpass would be paid for by the FTA and half by the City. The City’s share of the cost would be $300,000 which represents very a cost-effective investment in the City’s trail system. (See attached discussion.) FINANCIAL OR BUDGET CONSIDERATION: $2.0 million contributed in 2017-20 and an additional $300,000 commitment for the trail underpass. Up to 13% of the total cost of the trail underpass, $78,000 would be committed up front for design and environmental review. The remaining $222,000 would be contributed during construction of the underpass in 2017-20. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Regarding St. Louis Park’s SWLRT Contribution Resolution Regarding Louisiana Station Trail Underpass Concept Plan for the Louisiana Station Trail Underpass Prepared by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 8b) Page 2 Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request DISCUSSION BACKGROUND: In order for the SWLRT project to move forward reductions in the projects scope and increases in funding are necessary; and, commitments for local funding need to be in place in time for the SWLRT project’s next submittal to the FTA which is August 3, 2015. St. Louis Park’s resolution committing to contribute $2 million toward the $1.744 billion project is needed at this time for SWLRT to move forward. In the broadest sense, the benefits for our residents and businesses from being one of only 7 cities in the metro area connected to the growing regional light rail transit system are substantial. It will result in increased access and mobility for residents and businesses, as well as development opportunities around our three LRT stations. The SWLRT project includes a trail bridge over the freight rail and SWLRT tracks just east of Beltline Blvd. Construction of this bridge enables resolution of one of the most difficult problems the City has had to address for many years - the regional trail’s at grade crossings of Wooddale and Beltline Blvd. These crossings are unsafe and can only be effectively improved by grade separating the crossings at great expense. Hennepin County and Three Rives Park District have secured grant funds to enable them to extend the SWLRT trail bridge across Beltline and build trail underpasses at both Wooddale Avenue and Blake Road. Constructing SWLRT has several other aspects that are uniquely beneficial to St. Louis Park. 1. Construction of the park and ride facility at Beltline station necessitates improvements to CSAH 25 and starts the process of transforming CSAH 25 into a boulevard rather than as an almost rural highway configuration. It begins eliminating the south frontage road on CSAH 25 and adds a traffic signal at Lynn Avenue and makes it possible for the City establish the road and circulation network in the area that will facilitate redevelopment in the Beltline Station area. 2. The east-west freight rail tracks and street crossings are upgraded throughout the corridor to "Whistle Quiet Zone" standards for smoother, faster, quieter, safer operation in the corridor. 3. All the train car storage tracks in the Bass Lake Spur (along the regional trail corridor) are removed from SLP eliminating the unsightly and potentially hazardous parked rail cars from the corridor. The skunk hollow switching wye is replaced by the new freight rail south connection meaning the complicated, slow, noisy, disruptive process of moving trains from the east-west tracks to the north-south tracks is eliminated and replaced with a new direct connection to the south from the west. 4. The skunk hollow switching wye is eliminated and a new direct connection south bound from the East-west Bass Lake Spur to the North-South MNS tracks will be constructed. This means the complicated, noisy, time consuming transfer of trains from the Bass Lake Spur to the MNS tracks that used to occur on a regular basis cannot happen in the future. Since the late 1990’s this has been a goal. It was judged that while complete elimination of trains in St. Louis Park was not a realistic goal, improvements that meant trains would move smoothly and relatively quickly through the community without complicated and inherently noisy and hazardous switching maneuvers was. The new south freight rail connection serves that goal. City Council Meeting of July 20, 2015 (Item No. 8b) Page 3 Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request 5. Elimination of the switching wye also opens up the opportunity to eventually remove the skunk hollow freight tracks altogether providing redevelopment, trail and amenity opportunities for the Methodist Hospital area. All of these benefits justify the City contributing to the local funding of the SWLRT project. Many of the items listed above would be extremely difficult if not literally impossible for the City to accomplish on its own. Partnering with the County and Met Council on the SWLRT project is a wise and cost effective investment in the City’s future. The Trail Underpass (see attached drawing) at Louisiana Station is a wise, cost effective addition to the City’s Connect the Park trail and sidewalk system. Adding it to the SWLRT project means half the cost of the underpass is paid for by the FTA. St. Louis Park’s benefits from the trail underpass project in several ways including the following. 1. The underpass and ramps provide direct access to the Louisiana Station platform from the regional trail rather than the circuitous connection via Louisiana Avenue and Oxford St which would be the only connection otherwise. 2. The underpass provides the potential for direct access to the Louisiana station platform from future trails and sidewalks as well as any businesses on the north side of the trail/rail/LRT corridor. 3. The underpass provides greatly improved access to Louisiana Avenue and all the businesses south of trail/rail/LRT corridor including Methodist Hospital. 4. The underpass provides a direct link between the regional trail and a future city trail connecting to Methodist Hospital, Minnehaha Creek and Meadowbrook Apartments. PRESENT CONSIDERATIONS: The City’s contribution and adding the Louisiana Station Trail underpass were discussed at the July 6 th special study session. The City Council expressed interest in pursuing both actions. NEXT STEPS: If the resolutions are adopted, the resolutions will be delivered to the SWLRT Project Office to be included in the submittal to the FTA on August 3rd. In the upcoming weeks agreements governing the details of our contribution and the trail underpass will be prepared and brought before the City Council for approval and authorization to execute. City Council Meeting of July 20, 2015 (Item No. 8b) Page 4 Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request RESOLUTION NO. 15-____ RESOLUTION SUPPORTING $2,000,000 IN LOCAL FUNDS TO THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT (METRO GREEN LINE EXTENSION) WHEREAS, the City of St. Louis Park (City) has been working with the Metropolitan Council, host cities, public agencies, and public transit funders in planning for the proposed Southwest Light Rail Transit (SWLRT) Project (METRO Green Line Extension); and WHEREAS, the proposed SWLRT Project is an approximately 14.4 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS, on April 9, 2014, the Metropolitan Council adopted a SWLRT Project scope and budget, which was amended to $1.653 billion on July 9, 2014; and WHEREAS, on April 27, 2015, the Metropolitan Council released an updated SWLRT Project cost estimate of $1.994 billion; and WHEREAS, because of the increased cost estimate, the Metropolitan Council, with input from the five host cities, Hennepin County, and public transit funders, identified certain elements to be eliminated or delayed that do not impact the proposed SWLRT Project’s overall functionality; and WHEREAS, the Metropolitan Council on July 8, 2015, adopted a revised SWLRT Project scope and budget of $1.744 billion, which requires the Metropolitan Council to seek commitments from host cities and public agencies to fund the non-federal share of estimated costs above $1.653 billion; and WHEREAS, the City, our residents, businesses, and workers would benefit from the SWLRT Project as it could provide an attractive transportation option for residents and workers along with increased redevelopment opportunities strengthening the City’s tax base; and WHEREAS, as one of the host cities for the proposed SWLRT Project, the City has been asked to contribute funds towards the SWLRT Project budget to maintain an SWLRT Project design and functionality that benefits the City, its residents, businesses, and workers; and WHEREAS, the City has identified $2,000,000 as the appropriate contribution towards realizing the construction of the proposed SWLRT Project; and WHEREAS, the City understands that the SWLRT Project is undergoing state and federal environmental review and that this identification of funds is not intended to prejudice or compromise any of these environmental review processes or any decisions made under them; and WHEREAS, the SWLRT Project includes construction of a regional trail bridge over the SWLRT tracks and freight rail tracks just East of Beltline Blvd facilitating the extension of the trail bridge over Beltline Blvd itself and grade separation of the regional trail at Wooddale Avenue as well. City Council Meeting of July 20, 2015 (Item No. 8b) Page 5 Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request NOW, THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City of St. Louis Park hereby commits $2,000,000 towards SWLRT Project construction activities anticipated to occur between 2017-2020. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision (ROD) and Determination of Adequacy, the City will address the terms and conditions of this commitment through subsequent resolutions regarding appropriation of funds through one or more subordinate funding or other agreements with the Metropolitan Council. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk RESOLUTION NO. 15-____ RESOLUTION SUPPORTING LOCAL FUNDS TO THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT (METRO GREEN LINE EXTENSION) FOR DESIGN, ENVIRONMENTAL REVIEW, AND POTENTIAL CONSTRUCTION OF A TRAIL AND UNDERPASS AT LOUSIANA STATION WHEREAS, the City of St. Louis Park (City) has been working with the Metropolitan Council, host cities, public agencies, and public transit funders in planning for the proposed Southwest Light Rail Transit (SWLRT) Project (METRO Green Line Extension); and WHEREAS, the proposed SWLRT Project is an approximately 14.4 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS, on April 9, 2014, the Metropolitan Council adopted a scope for the proposed SWLRT Project with a cost estimate of $1.683 billion, which was amended to $1.653 billion on July 9, 2014; and WHEREAS, an underpass of the Bass Lake Spur/North Cedar Lake Trail at Louisiana Station with pedestrian and bicycle connections to the North Cedar Lake Trail in the City (Louisiana Station Trail & Underpass) was included in the amended project scope approved by the Metropolitan Council on July 9, 2014; and WHEREAS, on April 27, 2015, the Metropolitan Council released an updated cost estimate of $1.994 billion for the proposed SWLRT Project; and WHEREAS, because of the increased cost estimate, the Metropolitan Council, with input from the five host cities, Hennepin County, and public transit funders, identified certain elements to be eliminated or delayed that do not impact the proposed SWLRT Project’s overall functionality; and WHEREAS, the Metropolitan Council on July 8, 2015, adopted a revised scope for the proposed SWLRT Project with a cost estimate of $1.744 billion, which included eliminating the Louisiana Station Trail & Underpass; and WHEREAS, the City, our residents, businesses, and workers would benefit from the proposed SWLRT Project as it could provide an attractive transportation option for residents and workers along with increased redevelopment opportunities strengthening the City’s tax base; and WHEREAS, the City, our residents, businesses, and workers would benefit from the proposed SWLRT Project through increased access to employment districts, cultural attractions, educational centers, and shopping and entertainment destinations within and outside the City; and City Council Meeting of July 20, 2015 (Item No. 8b) Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request Page 6 WHEREAS, the City is committed to further expand pedestrian and bicycle connections for its residents and visitors; and WHEREAS, the Metropolitan Council has indicated that inclusion of the Louisiana Station Trail & Underpass would not have an impact on the proposed SWLRT Project’s Cost and Effectiveness Index rating; and WHEREAS, the City believes the Louisiana Station Trail & Underpass should be reinserted into the proposed SWLRT Project scope as it would improve pedestrian and bicycle connections from the Louisiana Station and North Cedar Lake Trail, would provide access to the Louisiana Station from existing and future City trails and sidewalks connecting to Methodist Hospital, Minnehaha Creek, and Meadowbrook Apartments, and would reinforce the City’s commitment for economic growth while being a connected and engaged community; and WHEREAS, the City is committed to providing the required local match to federal funds for the total cost of design, environmental review, and construction of the proposed Louisiana Station Trail & Underpass in the proposed SWLRT Project; and WHEREAS, the cost of the proposed Louisiana Station Trail & Underpass is projected to be $600,000 including the cost of design and environmental review; and, WHEREAS, the City commits to paying half of the cost of the proposed Louisiana Station Trail & Underpass through this resolution by local funds; and WHEREAS, the City is responsible for the upfront cost of the design, environmental review, and project administration and management for the proposed Louisiana Station Trail & Underpass estimated at 13% of the total cost, $78,000; and, WHEREAS, the City will need to execute an agreement by August 31, 2015, that authorizes the City to reimburse the Metropolitan Council’s cost, projected at $78,000 of the estimated $300,000 in local funds, for the design and the environmental review; and WHEREAS, the City understands that the proposed SWLRT Project is undergoing state and federal environmental review and that this resolution does not prejudice or compromise any of these environmental review processes or any decisions made under them. NOW, THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City of St. Louis Park hereby commits to reimburse the Metropolitan Council for the design and environmental review costs related to the proposed Louisiana Station Trail & Underpass during the Project Development and Engineering phases through subsequent resolutions regarding appropriation of City funds through subordinate funding or other agreements with the Metropolitan Council. The subordinate funding or other agreements that authorize reimbursements to the Metropolitan Council for design and environmental review costs related to the proposed Louisiana Station Trail & Underpass does not guarantee that the proposed Louisiana Station Trail & Underpass will be constructed. The City and the Metropolitan Council acknowledge that nothing in this resolution nor any subsequent agreements shall require the Metropolitan Council to take any action or make any decision that City Council Meeting of July 20, 2015 (Item No. 8b) Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request Page 7 will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. BE IT FURTHER RESOLVED that the City of St. Louis Park hereby commits to funding the required local match of federal funds for the design, environmental review and construction of the Louisiana Station Trail & Underpass as part of the proposed SWLRT Project if any, which may be incurred following the Project Development and Engineering Phases. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision (ROD) and Determination of Adequacy, the City will address the terms and conditions of this commitment through subsequent resolutions regarding appropriation of funds for construction costs through one or more subordinate funding or other agreements with the Metropolitan Council. Reviewed for Administration: Adopted by the City Council July 20, 2015 City Manager Mayor Attest: City Clerk City Council Meeting of July 20, 2015 (Item No. 8b) Title: Resolutions Regarding SWLRT Contribution and Trail Underpass Request Page 8 City Council Meeting of July 20, 2015 (Item No. 8b) Title: Resolutions Regarding SWLRT Contribution and Trail Underpass RequestPage 9 Meeting: City Council Meeting Date: July 20, 2015 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: 2nd Reading of Zoning Text Amendment Related to Signs RECOMMENDED ACTION: Motion to approve the second reading and Adopt Ordinance amending City Code Sec. 36-362 related to signs and to approve the summary ordinance for publication. POLICY CONSIDERATION: Does the Council support the proposed changes to the sign section of the zoning ordinance? SUMMARY: Staff is requesting an amendment to Section 36-362 of the Zoning Ordinance. This section regulates signs, and the purpose of the amendment is to: 1. Increase the maximum sign area allowed for properties over 100,000 square feet in the Industrial and Business Park zoning districts. 2. Apply the same sign regulations as allowed in the General Commercial district to the M-X district. 3. Clarify and simplify the regulations pertaining to the multi-tenant exemption. City Council 1st Reading: The City Council approved the first reading on July 6, 2015 with the stipulation that staff present options for signs in the M-X zoning district. Specifically, the Council asked staff to review: 1. Size of signs that would be allowed in the M-X district as a result of the proposed changes. 2. Impact signs have on residential units above retailers. 3. Sketches showing how existing signs compare to existing code. 4. How are window signs regulated? 5. Can businesses turn off signs at a specified hour? As a result of the Council’s concerns expressed at the first reading regarding the maximum size of signs allowed in the M-X district, staff changed the proposed ordinance so that tenant signs in the M-X district will be given the same limits applied to the C-1 Neighborhood Commercial district, instead of the C-2 General Commercial district which was proposed at the first reading, and which has been the practice historically. This change reduces the maximum size sign face allowed from 150 square feet to 100 square feet. It also is more fitting of a store located in a neighborhood rather than in a setting such as Knollwood Mall or Miracle Mile. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Summary Ordinance Exhibits – Existing Signs Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of July 20, 2015 (Item No. 8c) Page 2 Title: 2nd Reading of Zoning Text Amendment Related to Signs DISCUSSION REQUEST: Staff is requesting an amendment to Section 36-362 of the Zoning Ordinance. This section regulates signs, and the purpose of the amendment is to: 1. Increase the maximum sign area allowed for properties over 100,000 square feet in the Industrial and Business Park zoning districts. 2. Apply the same sign regulations as allowed in the General Commercial district to the M-X district. 3. Clarify and simplify the regulations pertaining to the multi-tenant exemption. ANALYSIS: The following is a summary of the two types of sign calculations currently allowed (General and Multi-Tenant Exempt), a description of the proposed amendment, and a response to questions raised by the Council at the first reading. Council First Reading: At the first reading, the Council indicated the proposed amendments pertaining to the Industrial and Business Park district were acceptable, and that the changes made to the multi-tenant exemption were also, for the most part, acceptable with concerns expressed as to how the M-X district fit into these changes. Therefore, staff was directed to review the following concerns and present options to the Council at the second reading. 1. Size of signs that would be allowed in the M-X district as a result of the proposed changes. 2. Impact signs have on residential units above retailers. 3. Sketches showing how existing signs compare to existing code. 4. How are window signs regulated? 5. Can businesses turn off signs at a specified hour? A discussion of the Council’s concerns immediately follows this brief summary of the proposed amendment. Description of Signage Allocation: Signage is currently allocated in two ways, general sign area and multi-tenant exemption signage. The following is a brief description of both types. General Signage: General signage is the amount of signage allocated to a property that can be used in any manner, typically: • Branding the site (Shoppes at Knollwood, Miracle Mile, Excelsior & Grand, Shops at West End). • Constructing a free-standing sign closer to the road with or without tenant signs. • Allocate a portion to a larger tenant. • A combination of the three above. The amount of signage allowed is determined by referring to table 36-362A in the ordinance, which uses the size and zoning of the parcel to determine the total sign area allowed. Larger parcels receive more sign area, as do the more intensely zoned properties. City Council Meeting of July 20, 2015 (Item No. 8c) Page 3 Title: 2nd Reading of Zoning Text Amendment Related to Signs Multi-Tenant Exemption Signage: The multi-tenant exemption allows signage above and beyond the general signage allotment. This signage is allowed in specific “strip mall” settings where each tenant is allowed a sign located on the walls of a tenant’s lease space. The size of the sign is limited to 7% of their exterior walls. Proposed Amendment: Industrial Signage: The property formerly occupied by the Novartis and Nestle companies is in the process of being redeveloped into a multi-tenant industrial property. The existing building currently has three large industrial uses, and several smaller office uses. Each of the industrial uses has a private entrance for customers and employees. The office uses share a common entrance and facilities. Through the course of the redevelopment of this property, it has become apparent that the signage allowed for such a large property is insufficient, especially when utilized as a multi- tenant building. The property is 24.84 acres (1,081,891 square feet) in area. The sign regulations determine the maximum sign area allowed on a property based upon the zoning district and lot size. In the Industrial Park district, the largest property size category covers properties over 100,000 square feet, and allows up to 350 square feet of sign area. The proposed amendment will create another size category for properties over 200,000 square feet, and allow up to 400 square feet of sign area. It will also allow 300 square feet of sign area for properties between 100,000 and 200,000 square feet. Mixed-Use (M-X) district signage: The current code does not specify sign area regulations for properties in the M-X district. Sign rules are determined by the Planned Unit Development (PUD) approval. To date, PUDs approved in the M-X district have been held to the sign code standards applied to the General Commercial (C-2) district. Therefore, staff had previously recommended the M-X standards be changed to incorporate the same standards applied to the C-2 district. The intent of this amendment is to require consistent standards for signs in the M-X District, as opposed to creating standards for each development. It also improves the application of the sign code moving forward as tenants and uses change over time by eliminating the potential for each development having unique sign standards that don’t apply anywhere else in the city. However, in light of the City Council’s comments, staff now recommends applying the C-1 district rules, which will further limit the maximum sign face allowed from 150 square feet to 100 square feet. Multi-Tenant Exemption: This exemption is meant to provide signs for individual tenants occupying a strip mall like Miracle Mile or Texa-Tonka. It exempts the sign installed on the wall of the tenant space as long as it does not exceed 7% of their wall space and does not exceed 150 square feet per sign. The amendment proposes to simplify the existing exemption for multi-tenant signs by: 1. Eliminating the short list of uses the exemption applies to. The exemption currently applies to retail, private entertainment (indoors), restaurants with liquor, restaurants without liquor, services, food services, printing process, banks, studios and showrooms. It does not include office, medical office, or other uses that may be found in a mall. As a result of this list, uses that are not on the list cannot take advantage of the exception and may not be able to install a wall sign. City Council Meeting of July 20, 2015 (Item No. 8c) Page 4 Title: 2nd Reading of Zoning Text Amendment Related to Signs 2. Clarifying that the exemption applies only to uses located on the ground floor with direct and primary access to the outside of the building. This clarification prohibits a multi-tenant building with shared entrances, such as a multi-story office building, from having a wall sign for every tenant located in the building, and avoid sign clutter. If approved, the revised multi-tenant exemption will read as follows: (4) In the C-1, C-2, O, B-P, M-X, PUD, I-G and I-P districts, the total area of all wall signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: a. The building shall be a shopping center, a building containing multiple tenants, or a single- tenant building located on a single lot with other principal buildings and is part of an approved CUP or planned unit development. b. The tenants are located on the ground floor of the building and have a direct and primary access to the outside of the building. c. The sign area of all wall, blade, canopy, or awning signs permitted by this section shall not exceed seven percent of the exterior wall area of the space occupied by the tenant. d. The sign is located on the exterior wall of the space occupied by the tenant from which the seven percent sign area was derived. e. No individual wall sign shall exceed 150 square feet in area, except in the C-1 and M-X districts where the maximum area of any individual sign shall not exceed 100 square feet. Council First Reading: The following is a discussion of the Council’s concerns raised at the first reading. 1. Size of signs that would be allowed in the M-X district as a result of the proposed changes. 2. Impact signs have on residential units above retailers. 3. Sketches showing how existing signs compare to existing code. 4. How are window signs regulated? 5. Can businesses turn off signs at a specified hour? Size of signs that would be allowed in the M-X district as a result of the proposed changes. There are two changes being proposed that affect the M-X district. 1. Allowing the M-X district to have the same amount of general allocation signage as is allowed in the General Commercial district (adding M-X to the same row in Table 36- 362A as C-2). 2. Including the M-X district in the multi-tenant exemption. The concern expressed by the Council was that the maximum size allowed for an individual tenant sign in the M-X district could be too large. This concern is best addressed in the multi- tenant exemption because, as noted above, the general allocation signage is typically utilized for the entire development, not an individual tenant. The CVS sign at Excelsior & Grand was raised as an example of a tenant sign that is too large. Tenant signage in the M-X district, including the CVS sign, has been reviewed and approved under the same provision applied to tenants in the C-2 General Commercial district. In the C-2 district, a tenant in a multi-tenant building can have up to 7% of their tenant lease space wall allocated for signage with a maximum sign face of 150 square feet. The exhibits submitted for the CVS sign permit are attached along with photographs. The CVS sign is 133 square feet. In City Council Meeting of July 20, 2015 (Item No. 8c) Page 5 Title: 2nd Reading of Zoning Text Amendment Related to Signs comparison, a typical sign for a tenant in a multi-tenant mall ranges from 30 – 40 square feet, assuming the tenant’s space is only 20-40 feet wide. CVS, however, has a larger sign because it also has a larger exterior wall than most tenants. CVS has 137 feet of wall on Grand Way and 100 feet of wall along Excelsior Blvd. The sign to wall ratio allows larger tenants more signage. It also keeps an aesthetically pleasing balance between the wall and sign size. Not all signs, however, are placed with aesthetics as a priority. Options: Previously proposed amendment: The multi-tenant exemption presented to the Council in the first reading gave the M-X district the same exceptions given to the C-2 General Commercial district, which is as follows: • 7% of the tenant lease space wall allocated for signage with a maximum sign face of 150 square feet. (Same allocation allowed for the General Commercial district) Alternative amendment: As a result of the Council’s direction to review tenant sign maximum limits in the M-X district, staff has changed the proposed amendment to give the M-X district the same exceptions given to the C-1 Neighborhood Commercial district, which is as follows: • 7% of the tenant lease space wall allocated for signage with a maximum sign face of 100 square feet. (Same allocation allowed for the Neighborhood Commercial district) This change would make the CVS sign legally non-conforming because it is 133 square feet in area instead of the 100 square feet maximum allowed in this proposal. The photos below show how the multi-tenant exemption compares to various developments. Excelsior & Grand is zoned M-X, Knollwood Mall and Miracle Mile are both zoned C-2, and the Highway 7 Corporate Center is zoned Industrial Park (IP). The photos show that the exemption allows adequate signage for the M-X and C-2 districts. The multi-tenant exemption currently is not allowed in the IP district, and the Highway 7 Corporate Center shows the results. The signs are barely legible from Highway 7, and are out of scale to the size of the building. If approved, the proposed amendment will extend the multi-tenant exemption to the industrial districts to alleviate this problem. City Council Meeting of July 20, 2015 (Item No. 8c) Page 6 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 7 Title: 2nd Reading of Zoning Text Amendment Related to Signs Other factors play a role in the effectiveness and impact of tenant signage: • Proximity to the street. The farther away a sign is from the street, the larger the sign should be. Tenants in the M-X district are typically located close to the street; therefore, the maximum size could be reduced from 150 square feet previously recommended to 100 square feet listed in the current proposed amendment. This would be consistent with buildings in the Neighborhood Commercial district which are typically located close to the street, and have a maximum sign face of 100 square feet. Larger sign faces, up to 150 square feet, are justified in the General Commercial district where stores typically have parking lots located between the street and the building. • Landscaping. The streetscape installed in front of buildings in the M-X district typically includes trees that obscure tenant signage. Therefore, even though the signs are located close to the street, care should be taken to allow the signs to be large enough to be visible through and around the streetscape. City Council Meeting of July 20, 2015 (Item No. 8c) Page 8 Title: 2nd Reading of Zoning Text Amendment Related to Signs Impact signs have on residential units above retailers. Tenant signs are required to be located below the window elevation of the residential units located above the store. Therefore, signs that are mounted flat against the wall are not visible from the residence above, and have no impact on them. City Council Meeting of July 20, 2015 (Item No. 8c) Page 9 Title: 2nd Reading of Zoning Text Amendment Related to Signs Tenant signs that project away from the wall (blade signs) at 90 degrees are also required to be located below the lowest window sill of the unit above the store. As a result, the top of the sign may be visible to a resident standing at the window. Signs on upper floors: Staff notes that general signage can be used to identify the development as a whole and/or be allocated by the property owner to a specific tenant. These signs could be located on the upper floors. The rules for the multi-tenant exception do not extend to the general signage. City Council Meeting of July 20, 2015 (Item No. 8c) Page 10 Title: 2nd Reading of Zoning Text Amendment Related to Signs Sketches showing how existing signs compare to existing code. The Council asked for examples of how the existing multi-tenant exempt sign regulations compare to actual signs approved and installed. No changes to the size calculations are recommended in the proposed ordinance. Below are two examples. This is a photograph of Kids Hair, located in Excelsior & Grand. Below it is a portion of the exhibit submitted with the sign permit application. The full size page is attached to the report. The tenant space is 20 feet wide by 16 feet tall, 320 square feet total. Applying the 7% sign exemption gives Kids Hair a maximum of 22 square feet. The wall sign is 18 square feet, approximately 5.5% of the wall elevation. The sign on the awning was not allowed because it, combined with the wall sign, exceeded the 22 square feet maximum. City Council Meeting of July 20, 2015 (Item No. 8c) Page 11 Title: 2nd Reading of Zoning Text Amendment Related to Signs The CVS sign is pictured below. The sign fronts on both Excelsior Blvd and Grand Way. A copy of the exhibits submitted with the sign permit application is attached. The store has 1,846 square feet of tenant wall space along Excelsior Blvd, which yields up to 128 square feet of signage allowed along Excelsior Blvd. It also has 2,466 square feet of tenant wall space along Grand Way, which yields up to 172 square feet of signage allowed along Grand Way. As illustrated in the permit exhibit, the sign wraps around the corner, so half is along Excelsior Blvd, and half is along Grand Way. Therefore, half the sign was counted toward Excelsior Blvd, and the other half toward Grand Way. In total, the store is allowed up to 300 square feet of signage. They used 211 square feet, approximately 5.0% of the tenant wall space. The largest single sign face is 133 square feet, as previously mentioned. City Council Meeting of July 20, 2015 (Item No. 8c) Page 12 Title: 2nd Reading of Zoning Text Amendment Related to Signs How are window signs regulated? Window signs are treated like any other wall signs, and therefore, are included in the maximum signage allowed. In multi-tenant buildings, the window signs are included in the 7% multi- tenant exception. In single use buildings, the window signs are included in the general signage allocation. With regards to some uses such as Firearms stores, Pawnshops, and Payday loan agencies, signage cannot exceed 30 percent of the window area. Liquor stores have a 50% maximum. The 30% and 50% maximums listed above are not in addition to the signage maximums discussed earlier in the report. It is a size restriction placed on window signs to encourage and preserve visibility into the store. Can businesses turn off signs at a specified hour? The city does not have a regulation requiring signs to be turned off at a specified time. If the Council is interested in pursuing a regulation such as this, then staff can look into options and present them to the Council at a future date. City Council Meeting of July 20, 2015 (Item No. 8c) Page 13 Title: 2nd Reading of Zoning Text Amendment Related to Signs ORDINANCE NO.____-15 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 36 OF THE ST. LOUIS PARK CITY CODE PERTAINING TO SIGNAGE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 36 is amended to add the following: ARTICLE V. SPECIAL PROVISIONS Section 36-362 *** TABLE 36-362A SIGN AREA AND HEIGHT Use District &Lot Size (Sq. ft.) Maximum Sign Height (feet) PERMANENT SIGNAGE TEMPORARY SIGNAGE REAL ESTATE SIGNAGE Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) Maximum Total Area (sq ft) Maximum Total Area (sq ft) R-4 6 40 40 25 80 R-C 0 - 20,000 15 40 40 25 80 Over 20,000 15 80 60 25 80 C-1 0 -10,000 25 100 75 80 80 10,000 - 20,000 25 150 100 80 80 Over 20,000 25 200 150 80 80 C-2 / M-X 0 -10,000 25 100 75 80 80 10,000 - 20,000 25 200 100 80 80 20,000 - 50,000 25 250 150 80 80 50,000 - 200,000 25 300 150 80 80 Over 200,000 25 400 300 80 80 O 0 - 20,000 25 100 100 80 80 20,000 - 50,000 25 200 100 80 80 50,000 - 100,000 25 300 150 80 80 Over 100,000 25 500 300 80 80 City Council Meeting of July 20, 2015 (Item No. 8c) Page 14 Title: 2nd Reading of Zoning Text Amendment Related to Signs Use District &Lot Size (Sq. ft.) Maximum Sign Height (feet) PERMANENT SIGNAGE TEMPORARY SIGNAGE REAL ESTATE SIGNAGE Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) Maximum Total Area (sq ft) Maximum Total Area (sq ft) I-P / I-G / BP 0 - 20,000 25 100 75 80 80 20,000 - 50,000 25 200 100 80 80 50,000 – 100,000 25 250 150 80 80 Over 100,000-200,000 25 350 300 300 80 80 Over 200,000 25 400 300 80 80 I-G 0 - 20,000 25 100 75 80 80 20,000 - 50,000 25 200 100 80 80 Over 50,000 25 250 150 80 80 M-X 15 per approval 150 50 80 POS 0 – 30 acres 15 80 60 80 0 Over 30 acres 25 450 150 80 0 *** (g) Adjustments to table 36-362A. Signs which qualify for any adjustment permitted under this section shall conform to all other sections of this chapter. *** (4) In the C-1, C-2, O, BP, M-X, PUD, I-G and I-P districts, the total area of all wall signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: a. The building shall be a shopping center, or a building containing multiple tenants, including and limited to retail, private entertainment (indoors), restaurants with liquor, restaurants without liquor, services, food services, printing process, banks, studios and showrooms or a single-tenant building housing one of the land uses named in this subsection (g)(4)a. if such single-tenant building is located on a single lot with other principal buildings and is part of an approved CUP or planned unit development under the provisions of this chapter. b. The tenants are located on the ground floor of the building and have a direct and primary access to the outside of the building. c.b. The sign area of all wall, blade, canopy, or awning signs permitted by this section shall not exceed seven percent of the exterior wall area of the space occupied by the tenant. building. If a shopping center or multitenant building contains land uses other than those listed in subsection (g)(4)a. of this section, the amount of wall area which may be used to calculate allowable signage shall be determined by multiplying the total wall area of the building by a percentage equal to the percentage of the gross floor area of the building occupied by the land uses listed in subsection (g)(4)a. of this section. City Council Meeting of July 20, 2015 (Item No. 8c) Page 15 Title: 2nd Reading of Zoning Text Amendment Related to Signs d. The sign is located on the exterior wall of the space occupied by the tenant from which the seven percent sign area was derived. e.c. No individual wall sign shall exceed 150 square feet in area, except in the C-1 and M-X districts where the maximum area of any individual sign shall not exceed 100 square feet. SECTION 2. This Ordinance shall take effect fifteen days after its passage and publication. Public Hearing June 3, 2015 First Reading July 6, 2015 Second Reading July 20, 2015 Date of Publication July 30, 2015 Date Ordinance takes effect Aug, 14, 2015 ADOPTED this ______ day of _______________, 2015, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council July 20, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of July 20, 2015 (Item No. 8c) Page 16 Title: 2nd Reading of Zoning Text Amendment Related to Signs Summary for Publication ORDINANCE NO.____-15 AN ORDINANCE RELATED TO SIGNAGE This ordinance will increase maximum sign area allowed for large industrial properties, amend sign regulations in the M-X District, and amend sign regulations pertaining to the multi-tenant exemption to allow more uses and more districts to qualify for the exception. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 20, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 30, 2015 City Council Meeting of July 20, 2015 (Item No. 8c) Page 17 Title: 2nd Reading of Zoning Text Amendment Related to Signs The following photographs are examples of signs approved under the multi-tenant exemption. The signs occupy less than 7% of the tenant wall space. City Council Meeting of July 20, 2015 (Item No. 8c) Page 18 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 19 Title: 2nd Reading of Zoning Text Amendment Related to Signs The photographs on this page show how general signage is used on a multi-tenant property. This is the Ellipse which is zoned M-X. The Ellipse was allowed up to 300 square feet of general signage, and they installed three signs for a total of 149 square feet. Other properties such as Miracle Mile, Knollwood Mall, and West End utilized all available general signage. City Council Meeting of July 20, 2015 (Item No. 8c) Page 20 Title: 2nd Reading of Zoning Text Amendment Related to Signs The following are copies of permits submitted for tenants in the M-X district. These signs were permitted under the multi-tenant exemption. City Council Meeting of July 20, 2015 (Item No. 8c) Page 21 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 22 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 23 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 24 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 25 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 26 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 27 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 28 Title: 2nd Reading of Zoning Text Amendment Related to Signs City Council Meeting of July 20, 2015 (Item No. 8c) Page 29 Title: 2nd Reading of Zoning Text Amendment Related to Signs