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HomeMy WebLinkAbout2014/07/21 - ADMIN - Agenda Packets - City Council - Regular AGENDA JULY 21, 2014 6:30 p.m. BOARDS & COMMISSIONS INTERVIEWS – Community Room 6:45 p.m. SPECIAL STUDY SESSION – Community Room Discussion Items 1. 6:45 p.m. Delinquent Utility Accounts 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Playground Junior Leader Recognition 2b. Communication of Donation Appreciation 3. Approval of Minutes 3a. Study Session Minutes June 23, 2014 3b. City Council Meeting Minutes July 7, 2014 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 6a. Noodles & Company On-Sale Wine and 3.2% Malt Liquor License Recommended Action: Mayor to close public hearing. Motion to approve application from The Noodles Shop, Co. – Colorado, Inc., doing business as Noodles & Company, for an On-Sale Wine and 3.2 Malt Liquor License to be located at 8332 Hwy. 7, Suite 346, with the license term through March 1, 2015. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Dakota Park Field – Conditional Use Permit for Fill Recommended Action: Motion to Adopt Resolution approving the Conditional Use Permit for fill at Dakota Park with conditions recommended by staff. 9. Communications – None 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. Meeting of July 21, 2014 City Council Agenda CONSENT CALENDAR 4a. Adopt Resolutions authorizing installation of “No Parking” restrictions on segments of Morningside Road and 41st Street. 4b. Adopt Resolution accepting this report, establishing and approving plans and specifications, and authorizing advertisement for bids for the resurfacing of the Rec Center Aquatic Park. 4c. Adopt Resolution approving acceptance of a monetary donation from Toro Company in the amount of $200 for maintaining the parks. 4d. Designate Friedges Landscaping, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $115,697.50 for the Dakota Park Baseball Field Renovation (Project No. 20140020). 4e. Accept this report establishing and ordering Improvement Project No. 4014-1300, approving the preparation of plans and specifications, and authorize ordering materials for the improvements. 4f. Environment & Sustainability Commission Minutes June 4, 2014 4g. Approve for filing Fire Civil Service Commission Minutes April 23, 2014 4h. Approve for filing Planning Commission Minutes May 7, 2014 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 21, 2013 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Delinquent Utility Accounts RECOMMENDED ACTION: No formal action required. As requested by the Council, this report and discussion is a follow-up to the 2013 Delinquent Accounts Certification the Council approved last fall. POLICY CONSIDERATION: Would the Council like to consider any policy changes to the certification processes? SUMMARY: At the October 21, 2013 Public Hearing certifying delinquent accounts, the Council expressed interest in the number of utility accounts that were certified on an annual basis, and if there was anything that could be done to encourage customers to pay their bills more timely. Council requested that a study session be scheduled to allow review of the process. Staff analyzed the data related to penalties and certification, and also compared the data to other similar cities. Staff also participated in a follow-up discussion with these cities to discuss their processes. The City’s current processes, findings from the analysis, and options are outlined in the discussion section of the report. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Prepared by: Steven Heintz, Finance Supervisor Reviewed by: Brian Swanson, Controller Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Special Study Session Meeting of July 21, 2014 (Item No. 1) Page 2 Title: Delinquent Utility Accounts DISCUSSION BACKGROUND: Described below are the current processes the City follows related to delinquent utility accounts, which cover accounts from when they first become delinquent to when the City collects them. Certification of delinquent payments consists mainly of utility bills, and could also include false alarms, mowing, trees, and other miscellaneous services the City provides. The information below focuses on utility bills since they are the largest portion of delinquencies. The city bills 14,060 utility accounts that consist of 13,167 residential and 893 non-residential. Penalties- The City allows 21 days to pay each utility bill from the bill date. The City also allows 3 business days as a grace period before applying penalties. A 10% penalty is applied to the current charges if not paid by the due date. Certification- The City certifies all active accounts with a delinquent balance over $150 each November. In addition, these accounts are charged a $30 administrative fee and 13 months of interest at a rate of 5.85%. For example, an unpaid utility bill in December would be charged a 10% penalty and certified the next November with a $30 administrative fee and 5.85% interest for 13 months. The breakdown using an average utility bill of $250 is below: Unpaid bill, January 2014: $250 Penalty of 10%: 25 Admin Fee (if not paid and certified) 30 Interest (5.85% for 13 months) 19 Total Cost to Customer $324 In this scenario, the unpaid balance would be collected by the City with the 2015 property taxes in July and December of 2015. The City would collect an additional $74 over the 24 months it takes to collect the balance for an effective interest rate of approximately 14.8%. Analysis of Penalty and Certification Data Staff conducted an analysis of the penalties charged in 2013, and found that 19.3% of all residential bills were not paid in full and were charged a penalty. The rate of unpaid bills was consistent amongst all residential billing cycles. Non-residential accounts had an unpaid rate of 11.6%. Staff also conducted an analysis of accounts certified from 2008 to 2013. Over this six year period, 4619, or about 6%, accounts were certified. Of those accounts, 78% were made up of accounts that were certified more than once. The table below shows detailed information for accounts certified in 2011 – 2013. The table shows 43% of the accounts certified over this three year period were certified all three years. The number of accounts certified more than once was fairly consistent across all residential cycles, with commercial accounts being lower. Rental and non-rental properties had the same certification rate of 6%. For residential billings, the City is split into six cycles by location. Comparing the number of certified accounts for each cycle to the property values in each cycle revealed no correlation. Special Study Session Meeting of July 21, 2014 (Item No. 1) Page 3 Title: Delinquent Utility Accounts Accounts Certified Dollars Certified 2011 821 $533,669 2012 814 $476,341 2013 778 $470,008 Total 2413 $1,480,018 Average 804 $493,339 Accts Certified all 3 Years 348 Percent Certified all 3 Years 43% Comparison to other Cities Staff conducted a comparison of certification data for the last three years to 12 other cities of similar size and/or location to St. Louis Park. Of those cities, St. Louis Park had the 2nd highest certification percentage of cities that certify their delinquent accounts one time per year. Of those cities, St. Louis Park was in the middle in terms of the administrative fee charged as well as the interest rate charged to certified accounts and the penalty charged on unpaid bills. One item of note is that the cities with the lowest certification rate publish their list of certified accounts in the newspaper. Options and other Items to Consider Below are options for the Council to consider for encouraging more customers to make timely payments and reduce the number of accounts certified each year. The options are presented in order of staff’s recommendation. Publish in Sun Sailor Of the cities surveyed, the one with the lowest certification rate noted that they publish their certification list in the local newspaper along with the notice of the public hearing. The city publishes the address, and dollar amount certified, which is allowed by State Statute. This allows customers to still pay their balance prior to being certified. The City would still send letters to each customer with a delinquent balance. This would be a low-cost option that would not require significant additional City resources. Increase Interest Rate and/or Administrative Fee on Certified Accounts Of the cities surveyed, the 5.85% interest rate that St. Louis Park charges on certified accounts ranked in the middle. One city charges 10%, one city charges 18%, and several cities were in the 6-8% range. Increasing the interest rate may encourage customers to pay their balance prior to the certification deadline and would not require additional costs from the City. The $30 administrative fee that St. Louis Park charges on certified accounts was slightly lower than the $40 average of the cities surveyed, with four of the 12 cities charging $50. Increasing the interest rate and/or administrative fee could possibly encourage customers to pay their balance prior to the certification deadline and would not require the City to incur any additional costs. It would also penalize the customers that are repeatedly certified, and increasing the amount collected would help make up for the revenue not being collected timely. Special Study Session Meeting of July 21, 2014 (Item No. 1) Page 4 Title: Delinquent Utility Accounts The administrative fee could also be escalated for customers who were certified the prior year, creating a larger penalty for those customers that are repeatedly certified, while not adding additional costs to those who are experiencing the certification process for the first time. Notify Credit Bureaus of Late Bills The Council asked specifically if it could report delinquent accounts to the various credit bureaus, which is possible; however it is uncommon for utilities to report. Most utilities that do report are non-municipal utility companies or municipal utilities that cannot collect through a certification process like cities can in Minnesota. The utilities typically hire a collection agency to collect the delinquent accounts. The collection agencies only report negative information, which impacts the credit rating of the customers that are being reported. The credit bureaus prefer full reporting, which includes both positive and negative information. This practice of full reporting allows for customers who pay timely to build credit using their utility bills. The costs associated with credit bureau reporting are not known at this time, as the credit bureaus require application and physical inspection for a fee prior to discussing options. Most reporting is done monthly, and requires special reporting software as well as access to the e-OSCAR system to handle disputes. Staff can work on completing the application and inspection forms to determine what the costs would be, if the Council chooses to pursue this option. Allowing Payment Plans The City of St. Louis Park does not allow payment plans for delinquent utility accounts. Based on staff’s experience, allowing payment plans is a very labor intensive practice, with the majority of customers not following the agreed upon payment plan and being certified the following year. Currently, staff will work with customers who are having challenges paying their bill, which typically includes allowing them to pay what they can and removing penalties for one or two quarters if they have not been late in the past. Shut-off of Water Service The City Charter allows for the City to shut-off water service to any delinquent account and charge the customer for the cost to shut the water off, and subsequently turn it back on once the account is current. This requires significant resources, as two staff members are needed to turn the water off in the event of an unruly customer. It also requires more administrative resources to track and manage these accounts. Per State Statute, the City must give at least a 15 day notice prior to shut-off, and there are special circumstances where the City cannot shut the water off. One example is during extreme heat. A home with no safe drinking water available is also considered uninhabitable, and the City would need to post the house as uninhabitable. NEXT STEPS: Based on Council’s direction, staff can perform any additional analysis needed and provide a timeline for implementing any changes the Council chooses to make to the processes described above. Meeting: City Council Meeting Date: July 21, 2014 Presentation: 2a EXECUTIVE SUMMARY TITLE: Playground Junior Leader Recognition RECOMMENDED ACTION: Mayor Jacobs is asked to recognize the Junior Leaders for their service this summer. Recreation Coordinator Lisa Abernathy 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 31 youth volunteers that completed the program this summer and collectively they have volunteered over 1,240 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 20 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 733 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, Administrative Secretary 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 21, 2014 Presentation: 2b EXECUTIVE SUMMARY TITLE: Communication of Donation Appreciation 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 Toro Company $200 Maintaining the parks. Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 21, 2014 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JUNE 23, 2014 The meeting convened at 6:30 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), Deputy City Manager/Director of Human Resources (Ms. Deno), City Attorney (Mr. Scott), Director of Operations and Recreation (Ms. Walsh), Director of Engineering (Ms. Heiser), Director of Community Development (Mr. Locke), Planning and Zoning Supervisor (Ms. McMonigal), Public Works Services Manager (Mr. Merkley), Environmental Specialist (Ms. Hansen), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Inspection Services Manager (Ms. Boettcher), Organizational Development Coordinator (Ms. Gothberg), Marketing & Communications Coordinator (Mr. Zwilling), Administrative Services Intern (Mr. Chang), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – July 14, 2014 Mr. Harmening presented the proposed study session agenda for July 14, 2014. 2. Pop-Up Event/Health in the Park Mr. Harmening presented the staff report. Ms. Gothberg introduced Mr. Donovan Hart, Ms. Sara Maaske (St. Louis Park resident and Health in the Park Champion), and Mr. Bill Chang (Administrative Services Intern). Mr. Donovan Hart explained that a pop-up event has been proposed on the Dakota Avenue corridor, which has been designated a future bikeway in the Connect the Park plan and would serve as a platform for greater visibility of the Health in the Park project. Mr. Chang explained the proposed route of the pop-up event and stated the event provides an opportunity to experiment and bring attention to the area without interference of motor vehicles. Ms. Maaske stated the pop-up event is a non-traditional way of engaging people in an activity that has a strategic purpose and would serve to engage the neighborhood in future planning for this street. Ms. Gothberg stated that the next step is to contact the neighborhoods in order to answer their questions and discuss any concerns about the proposed pop-up event. Councilmember Sanger was supportive of the concept of holding a pop-up event but was concerned about inadvertently having a negative effect on any of the surrounding businesses. She urged staff to connect with the Bronx Park neighborhood association and to also City Council Meeting of July 21, 2014 (Item No. 3a) Page 2 Title: Study Session Meeting Minutes June 23, 2014 communicate with the neighborhoods about the meaning and intended use of bikeways in the Connect the Park initiative. She noted that Dakota Avenue is the route to the dog park and suggested including some communication about the pop-up event to visitors of the dog park. It was the consensus of the City Council to support the proposed pop-up event planned for Dakota Avenue and to direct staff to engage in further discussions with the neighborhoods, businesses, and schools along the route regarding the event. 3. Southwest LRT Update Mr. Locke presented the staff report and draft resolution of approval of municipal consent and draft Memorandum of Understanding. Councilmember Sanger suggested that the nineteenth “WHEREAS” clause of the resolution be revised to read “WHEREAS, the City of St. Louis Park identifies the following list of issues as outstanding and are needed to facilitate access to and operation of the SW LRT line, some of which may become Locally Requested Capital Investments (“LRCIs”) requiring the identification of funding during the advanced design of the Project.” Councilmember Brausen suggested that the nineteenth “WHEREAS” clause of the resolution be revised to read “WHEREAS, the City of St. Louis Park identifies the following list of issues as outstanding, which are essential to the design and building of a safe and successful multimodal transportation project, some of which may become Locally Requested Capital Investments (“LRCIs”) requiring the identification of funding during the advanced design of the Project.” Councilmember Mavity suggested that the fifth “WHEREAS” clause of the resolution be revised to read “WHEREAS, St. Louis Park and its citizens have dedicated enormous effort, time, and resources into visioning the SW LRT line and the city’s station areas, including planning, engineering, analyzing, discussing, and gaining community input in anticipation of the line,” and stated the intent of this statement is to indicate the City has created visions for the station areas in anticipation of the development that the SW LRT line offers. She also suggested that the sixteenth “WHEREAS” clause of the resolution be revised to read “WHEREAS, the Plans include continuing the routing of freight rail trains along the Bass Lake Spur in St. Louis Park into Minneapolis, and not rerouting them to the MNS line in St. Louis Park, which is consistent with the City of St. Louis Park’s long-standing formal position on this matter.” She also asked about the reference to the “RCSC” form in the last paragraph of the resolution and stated the term is not defined anywhere. Councilmember Sanger requested that the Memorandum of Understanding include an additional paragraph that reads “Council and City acknowledge there have been several professional and independent studies of the potential feasibility of relocating freight rail from the Kenilworth corridor in Minneapolis to the MN&S route in St. Louis Park and no such route has been identified that is safe, operationally effective, and acceptable to the City. Council and City staff will use their best efforts to publicly confirm that Council will not further study the potential feasibility of relocating freight rail traffic from the Kenilworth corridor to the MN&S route through St. Louis Park.” Mayor Jacobs stated he wanted to make sure that including this type of statement is not construed as a denial of municipal consent. City Council Meeting of July 21, 2014 (Item No. 3a) Page 3 Title: Study Session Meeting Minutes June 23, 2014 Councilmember Mavity did not believe that Met Council would agree to state publicly that the agency is not going to further study the issue and felt that including the statement would be a distraction from the other critical components, e.g., grade separation. Councilmember Sanger noted that Chair Haigh indicated that Met Council could not provide this statement at this time but there would be project milestones in the future at which time Met Council might be able to address this issue. Councilmember Mavity noted that when the application for Federal funding is submitted this fall, the application will indicate the route they are proposing and that this route represents the final route chosen for Southwest LRT. Councilmember Spano stated he was okay with including this statement in the Memorandum of Understanding but he had no expectation that Met Council would affirmatively make a statement that this item is off the table. He reminded Council that Mr. Fuhrmann indicated that the project being put forward by Met Council is a statement to the FTA about Met Council’s intent and will state that Met Council has looked at a reroute and decided it is not going to pursue a reroute. Councilmember Brausen stated he would support including a statement that indicates the City understands that the reroute issue has been fully studied and represents the basis for the City entering into municipal consent. The majority of the City Council expressed support for including Councilmember Brausen’s suggested statement regarding the reroute issue. 4. 2015 Budget Discussion Mr. Harmening presented the staff report. Mr. Swanson advised there are no levy limits in place for 2015 and the City will receive $512,466 in LGA for 2015 and those dollars go into the Capital Replacement Fund. He stated that a wage adjustment of 2.5% in 2015 is being used to prepare the 2015 budget and an adjustment to the 2015 employer benefit contribution is likely. He stated that staff is targeting utility rate increases of $45 per year to meet the City’s infrastructure needs and staff has also considered franchise fee adjustments to continue funding the Pavement Management Fund and recommends a $1 increase per utility in 2015, or $24 per year, that will generate $500,000 for the Pavement Management Fund. He discussed trends on valuations of commercial and residential properties and advised that residential valuations are moving up more quickly than commercial valuations resulting in a greater shift in the tax burden to residential properties with some increases of 4-6% from pay 2014 to proposed pay 2015. Councilmember Brausen asked if this shift in valuations to residential stock would result in a decrease in the City’s fiscal disparities contribution. Mr. Swanson replied that information about the City’s fiscal disparities contribution would be available in August or September but did not think the City would see a significant increase in its fiscal disparities contribution. He stated that for the last ten years, the City’s tax levy increase averaged 4.61% and requested input from Council on the proposed property tax levy increase for 2015. He advised that the State recently changed the due date for submitting its preliminary City Council Meeting of July 21, 2014 (Item No. 3a) Page 4 Title: Study Session Meeting Minutes June 23, 2014 property tax levy from September 15 to September 30 and this change will provide more time for the City to adopt its preliminary property tax levy and will mean that the City will have accurate information regarding fiscal disparities at the time it adopts the preliminary property tax levy. He then reviewed the preliminary budget schedule through final adoption of the 2015 budget on December 15, 2014. Councilmember Spano requested information about the City’s insurance program for water main repairs. He stated he continued to believe that the City should include the cost of these repairs as part of its operating costs instead of individually assessing a property owner for these repairs. Mr. Harmening agreed to provide Council with further information about the cost of providing this service to residents. Councilmember Sanger requested that staff perform some analysis on the cost of contracting for snow plowing services on the City’s sidewalks or to hire seasonal staff to perform this work. She expressed concern about staff workloads, particularly in the Inspections and Community Development departments, and questioned whether the budget should include adding more staff in these departments. Councilmember Mavity stated she would like to explore whether opportunities exist for one-time infusions into affordable housing in order to actualize the City’s affordable housing policy. Councilmember Brausen stated he would like to see whether resources could be designated to the retention and development of affordable housing in the City. He also expressed concern about the potential LRCIs associated with Southwest LRT and how those improvements will be funded and felt it would be in the City’s best interest to set aside money for these improvements. He added that the 2015 budget would also need funds dedicated to multi family and business recycling as well as any repackaging initiatives that might be pursued. Councilmember Lindberg stated it was important to him that the City takes care of its staff and keeps its compensation competitive without overburdening staff with cost increases for benefits. Mr. Swanson presented several scenarios about the estimated City share of property taxes based on a 4.5% levy increase with and without debt service as well as a 7% levy increase with and without debt service and discussed the City’s debt service policy. He advised that a 4.5% levy increase with debt service results in the estimated City share of property taxes for a median value home increasing from $932 to $1,048 or 12.5% and a 4.5% levy increase without debt service results in the estimated City share of property taxes for a median value home increasing from $931 to $1,029 or 10.4%. He stated that a 7% levy increase with debt service results in the estimated City share of property taxes for a median value home increasing from $932 to $1072 or 15% and a 7% levy increase without debt service results in the estimated City share of property taxes for a median value home increasing from $932 to $1,053 or 13%. He advised that the impact to a median value residential property owner with the proposed utility rate increases and franchise fee increases assuming a 4.5% levy increase is $185 for the entire year and the impact to a median value residential property owner with the utility rate and franchise fee increases assuming a 7% levy increase is $210. He added that a 7% levy increase would generate approximately $1.79 million in gross revenue. Ms. Deno advised that further budget information would be provided to Council in August. City Council Meeting of July 21, 2014 (Item No. 3a) Page 5 Title: Study Session Meeting Minutes June 23, 2014 5. Update on Solid Waste Program Mr. Merkley presented the staff report. Mr. Merkley reported that Ms. Hansen would be leaving the City on Friday and thanked her for her contributions to the City’s solid waste program. He advised that effective January 1, 2016, a new State law goes into effect requiring owners of businesses and multi-family buildings generating 4CY of garbage per week to provide containers for recyclable materials. He presented staff’s recommendations for improving multi-family recycling, including some revisions to the current Ordinance. He reported that staff recently met with Councilmembers Brausen and Lindberg to discuss the Minneapolis Food Packaging Ordinance and indicated that the Executive Director of the Minnesota Restaurant Association recently sent a letter expressing support for the Minneapolis ban on non-recyclable foam packaging. Mayor Jacobs expressed support for the recommended options for increasing multi-family and business recycling and supported further exploring the possibility of restricting or banning Styrofoam packaging. Councilmember Lindberg expressed support for the recommended options for increasing multi- family and business recycling. He was also supportive of moving toward a ban on Styrofoam packaging and engaging residents in this conversation. Councilmember Mavity also supported the recommended options for increasing multi-family and business recycling and moving toward a ban on Styrofoam packaging. She also supported a ban on plastic bags. Ms. Hansen stated that no local communities have imposed a ban on plastic bags, adding that the Grand Rapids City Council considered the issue and expressed support for the use of reusable bags. Ms. Walsh stated the City might want to consider an educational component with respect to plastic bag use before imposing a ban on plastic bags. Councilmember Sanger supported the recommended options for increasing multi-family and business recycling and felt that recycling in multi-family buildings should not be limited to only three recyclable materials. She also felt that as part of the City’s inspections, staff should require that building management produce a contract indicating that a recycler has been hired to collect the recyclable materials from the multi-family or commercial building. She felt that a ban on Styrofoam packaging was worth exploring but did not want to limit the ban to only foam packaging used by restaurants and should be expanded to include food products sold in convenience stores or grocery stores. She added that there are many non-food products that are packaged in foam, e.g., electronics, and questioned whether there are other sources of Styrofoam that Council should consider. She suggested having retailers charge its customers if they want a plastic bag to encourage people to bring their own reusable bag. Councilmember Spano agreed with the recommended options for increasing multi-family and business recycling. He was also supportive of the ban on Styrofoam packaging but felt that asking the business community to ban foam packaging at the same time as it is being required to comply with the new State law was too much for them to absorb at one time and felt it was City Council Meeting of July 21, 2014 (Item No. 3a) Page 6 Title: Study Session Meeting Minutes June 23, 2014 appropriate to give businesses time to comply with the new requirements before instituting a foam packaging ban. Councilmember Hallfin agreed with the options for increasing multi-family and business recycling. He also was supportive of the ban on foam packaging and plastic bags and felt that the City could be a leader in this area by imposing these restrictions on the business community and multi-family property owners. Councilmember Brausen supported a ban on foam packaging and plastic bags and felt that the City could approach the business and multi-family communities to see how the City can help them comply with the new state law. Mr. Harmening agreed to provide Council with recommendations regarding a foam packaging and plastic bag ban including timelines and suggested Ordinance changes. Communications/Meeting Check-In (Verbal) Mr. Harmening stated that Rep. Keith Ellison recently contacted the City about setting up a meeting in the near future. He added that Rep. Ellison indicated his schedule makes it difficult to attend evening meetings and requested a daytime meeting. It was the consensus of the City Council to schedule a daytime meeting with Rep. Ellison and the City Council and to post the meeting day and time. Mr. Harmening advised that John Basill called him today about the upcoming Taste of Minnesota event and learned that the organizers need to find another site for the event due to the recent flooding and the organizers looked at the former Cavalia site as a possible site for the event. He stated that logistics for this type of event are significant and did not feel that the City should host the event. After further discussion, it was the consensus of the City Council that the City would not host the 2014 Taste of Minnesota event. The meeting adjourned at 8:52 p.m. Written reports provided and documented for recording purposes only: 6. May 2014 Monthly Financial Report 7. Wooddale Avenue and 36th Street Traffic Study/Improvements 8. Joint Cooperation Agreement Between St. Louis Park and Hennepin County 9. West End Redevelopment Contract Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: July 21, 2014 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 7, 2014 1. Call to Order Mayor Pro Tem Mavity called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Pro Tem Anne Mavity, Tim Brausen, Steve Hallfin, Gregg Lindberg, Susan Sanger, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Stroth), Director of Community Development (Mr. Locke), Director of Engineering (Ms. Heiser), Planning and Zoning Supervisor (Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), Civic TV Coordinator (Mr. Dunlap), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Communication of Donation Appreciation Mayor Pro Tem Mavity expressed the City Council’s appreciation for the donations from Nordic Ware, Cub Foods, and Costco for the 2014 Fire Department open house. 3. Approval of Minutes 3a. Study Session Minutes June 9, 2014 The minutes were approved as presented. 3b. Special Study Session Minutes June 16, 2014 The minutes were approved as presented. 3c. City Council Meeting Minutes June 16, 2014 The minutes were approved as presented. 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. City Council Meeting of July 21, 2014 (Item No. 3b) Page 2 Title: City Council Meeting Minutes July 7, 2014 4a. Adopt Resolution No. 14-081 appointing additional Election Judges needed to staff the polls at the State Primary and General Elections to be held August 12 and November 4, 2014. 4b. Approve a Temporary On-Sale Intoxicating Liquor License for Church of the Holy Family at 5900 West Lake Street for August 9, 2014. 4c. Accept for filing City Disbursement Claims for the period of May 24 through June 27, 2014. 4d. Moved to 8d. 4e. Adopt Resolution No. 14-082 authorizing the special assessment for the repair of the water service line at 2721 Louisiana Avenue South, St. Louis Park, MN P.I.D. 08-117- 21-42-0062. 4f. Adopt Resolution No. 14-083 authorizing the special assessment for the repair of the water service line at 1673 Virginia Avenue South, St. Louis Park, MN P.I.D. 06-117- 21-44-0064. 4g. Adopt Resolution No. 14-084 authorizing the special assessment for the repair of the sewer service line at 7900 31st Street West, St. Louis Park, MN P.I.D. 17-117-21-22- 0026. 4h. Approve updates to the Joint Cooperation Agreement between St. Louis Park and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program (CDBG) and the Resolution No. 14-085 required for participation for fiscal years 2015-2017. 4i. Adopt Resolution No. 14-089 approving a minor amendment to the Pointe West Commons Planned Unit Development (PUD) to amend Exhibit A-Site Plan to allow a 28.0 foot minimum front setback instead of 30.0 feet for the Springhill Suites Hotel. 4j. Adopt Resolution No. 14-086 accepting donations to the Fire Department. 4k. Moved to 8c. Councilmember Spano requested that consent calendar item 4k be removed and placed on the Regular Agenda. Councilmember Hallfin requested that consent calendar item 4d be removed and placed on the Regular Agenda. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar items 4k and 4d to the Regular Agenda as items 8c and 8d, respectively; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Mayor Jacobs absent). 5. Boards and Commissions - None 6. Public Hearings 6a. Blackstone Bistro – On Sale Intoxicating and Sunday Sale Liquor License City Council Meeting of July 21, 2014 (Item No. 3b) Page 3 Title: City Council Meeting Minutes July 7, 2014 Ms. Stroth presented the staff report and stated that Blackstone Bistro has requested an on sale intoxicating and Sunday liquor license at 3808 Grand Way and the premises will consist of 4,495 square feet with indoor seating for 120 and patio seating for 20 and the restaurant plans to open in October. She introduced Mr. Sharif Mobasher, sole owner. Mayor Pro Tem Mavity opened the public hearing. No speakers were present. Mayor Pro Tem Mavity closed the public hearing. It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to approve application from Blackstone Bistro, LLC, dba Blackstone Bistro, for an on sale intoxicating and Sunday sale liquor license to be located at 3808 Grand Way with the license term through March 1, 2015. The motion passed 6-0 (Mayor Jacobs absent). 6b. SuperValu – Off Sale Intoxicating and Off Sale 3.2 Malt Liquor Licenses Ms. Stroth presented the staff report and stated that SuperValu, Inc., dba Cub Foods, has requested an off sale intoxicating liquor license for its Cub Liquor Store and an off sale 3.2% malt liquor license for the grocery store opening at 5370 16th Avenue, the site formerly occupied by Rainbow Foods. She stated that Rainbow Foods previously operated with the same liquor licenses since 2009 and the premises will remain the same with separate entrances for the liquor store and grocery store. She then introduced Mr. Pete Korkowsky, SuperValu District Manager, and Mr. Andrew Schinka, Store Manager. Mayor Pro Tem Mavity opened the public hearing. No speakers were present. Mayor Pro Tem Mavity closed the public hearing. Councilmember Spano requested confirmation that Cub would be providing the same services that were offered by Rainbow and that this is essentially a name change. Ms. Stroth stated that Cub would be providing the same service offered by Rainbow; in addition, SuperValu will have to renew its liquor licenses every year. It was moved by Councilmember Brausen, seconded by Councilmember Sanger, to approve applications from SuperValu, Inc., dba Cub Liquor, for an off sale intoxicating liquor license; and from SuperValu, Inc., dba Cub Foods, for an off sale 3.2% malt liquor license located at 5370 16th Avenue with the license term through March 1, 2015. The motion passed 6-0 (Mayor Jacobs absent). 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Southwest LRT Municipal Consent Resolution. Resolution No. 14-__. 8b. Southwest LRT Memorandum of Understanding City Council Meeting of July 21, 2014 (Item No. 3b) Page 4 Title: City Council Meeting Minutes July 7, 2014 Mr. Locke presented the staff reports and stated the municipal consent resolution includes a restatement of the City’s longstanding support for Southwest LRT and support for the current plan and handling of freight rail in the Kenilworth corridor with no rerouting of freight onto the MNS line in St. Louis Park. He explained that seven primary outstanding issues have been identified in the municipal consent resolution and the municipal consent resolution satisfies all statutory requirements and acknowledges the City’s intent to enter into a Memorandum of Understanding (MOU) with Met Council to continue working on outstanding issues in a cooperative fashion toward mutually acceptable solutions. Mr. Harmening advised that Council could approve the municipal consent resolution and MOU this evening with the understanding that staff would present Council with a revised MOU based on further conversations with Met Council. He stated that Met Council staff has not identified any substantive issues with the MOU but Met Council’s legal counsel wants to make some formatting changes and add some boilerplate language. He stated that another option is for Council to approve the municipal consent resolution and defer action on the MOU until the final draft is ready and another option is to table action on the municipal consent resolution until July 14, 2014, the deadline for all cities to provide municipal consent. He noted that the suggestion to defer action on the municipal consent resolution relates to recent media reports about an agreement reached between Minneapolis and Met Council and the fact that a special CMC meeting has been scheduled for July 10th at which time the CMC will receive a briefing on the agreement between Minneapolis and Met Council. He stated that deferring action this evening might provide additional time to answer the City’s questions about the timeline including whether the municipal consent process has to start over if the design plans are changed and the possible impact to the other cities. He added it was not his intent to suggest that Council deny municipal consent and it was his understanding that Council strongly supports Southwest LRT and wants to approve municipal consent and tabling action for one week will provide additional time to learn more about the process going forward. Councilmember Sanger spoke in favor of deferring action on the municipal consent resolution and MOU until July 14, 2014. Councilmembers Spano, Lindberg, Brausen, and Hallfin also spoke in favor of deferring action on the municipal consent resolution and MOU until July 14th. The Mayor entertained requests from the public to address the City Council. Ms. Jami LaPray, 3256 Blackstone, stated she was proud to live in a city where the City Council is concerned about its residents and shows respect for what the residents feel. She stated the current language in the MOU about the reroute is an example of that concern and the language does a good job of telling Met Council that St. Louis Park will not be a backup plan should the tunnels fail, but unfortunately the MOU does nothing to discourage Hennepin County, Mn/DOT, or Met Council from a reroute as part of a different project in the future, adding that while the resolution cannot stop one of these groups from pursuing a reroute, the very fact that the City would clarify its position and have a resolution on the books could have a deterring effect. She stated that residents want a strongly worded resolution that makes it clear to everyone that St. Louis Park will never again entertain the idea of a reroute in St. Louis Park. Mr. Thom Miller, 2900 Yosemite, stated he appreciates what the City Council does for the City and for being attentive to all matters coming before it. He stated there seems to be some hesitation on the part of the City Council to being proactive when dealing with City Council Meeting of July 21, 2014 (Item No. 3b) Page 5 Title: City Council Meeting Minutes July 7, 2014 large entities such as the State, Mn/DOT, or Minneapolis, with an apparent mindset that the City cannot be as proactive as these large entities and is more reactive. He stated that when work was done on this issue in 1999, the City was not clear in its position regarding a reroute and urged the City Council to be crystal clear this time that St. Louis Park is not going to entertain an MNS reroute now or in the future. Ms. Sharon Lehrman, 2610 Vernon Avenue South, thanked Safety in the Park for all the work they have done and agreed with the email from Safety in the Park about having a more strongly worded resolution to make sure a reroute is never entertained again. Mr. Larry Jones, 3000 Highway 100 South, stated he had concerns about the sixth “WHEREAS” clause in the MOU because he was concerned this statement might ruffle some feathers in Minneapolis and delay the Southwest LRT project. He felt the fifth “WHEREAS” clause was strongly worded and suggested that this clause be revised to add the words “at this time” at the end of the sentence. Mr. Bob Carney, Minneapolis resident, presented an alternative municipal consent resolution if Council does not want to grant municipal consent. He stated that Southwest LRT is becoming a political issue statewide and felt it was better to get the issues resolved and delay the project rather than disrupting the entire statewide transit funding mechanism. Mayor Pro Tem Mavity stated that this City Council remains steadfast in its absolute support and enthusiasm for the Southwest LRT project and wants to continue to be a partner in moving the project forward. It was moved by Councilmember Spano, seconded by Councilmember Brausen, to table action on the Resolution Approving the Physical Design Component of the Preliminary Design Plans for the Southwest Light Rail Project within the City of St. Louis Park, Minnesota, until Monday, July 14, 2014, and to table action on the Memorandum of Understanding until Monday, July 14, 2014. The motion passed 6-0 (Mayor Jacobs absent) 8c. Approve an Evaluation of the Legal and Financial Capabilities of Midwest Cable Councilmember Spano stated he requested this item be removed from the consent agenda in order to receive more information about Comcast’s notice that it would no longer be servicing St. Louis Park and to receive further information about Midwest Cable. Mr. Dunlap advised that Midwest Cable is now the current acting name of the company run by Charter Communications that would provide service after Comcast divests itself of two million customers in order to meet Federal guidelines as part of the Time Warner Comcast merger. He stated the City’s role is to examine the legal and financial capabilities of Midwest Cable, adding that Midwest Cable is not yet in existence and few details are available. He stated the purpose of this item is to authorize a legal and financial review of Midwest Cable to determine if the City should authorize the transfer, adding that the City needs to notify Comcast by July 18, 2014, that the financial information provided is incomplete and then the City must approve or deny the transfer within 120 days of June 18, 2014, the initial transfer notice date. City Council Meeting of July 21, 2014 (Item No. 3b) Page 6 Title: City Council Meeting Minutes July 7, 2014 Councilmember Spano asked about the City’s legal authority to accept or reject Midwest Cable. Mr. Dunlap stated this franchise is specifically for the St. Louis Park cable TV franchise and for cable TV customers in St. Louis Park and part of the reason staff is recommending this action is to partner with other cities to provide leverage if Midwest Cable has offered no further information three months from now. Councilmember Sanger asked how long Comcast would be providing cable services to St. Louis Park and whether the new company would be taking over internet service. She stated it is difficult to approve something given the fact that Midwest Cable does not yet exist and asked if Council could provide some kind of contingent approval and then review the entire process once further information is provided. Mr. Dunlap stated the City needs legal expertise on this matter including the questions raised by Councilmember Sanger. Councilmember Brausen asked if the Comcast franchise agreement would stay in place until Council approves termination or transfer of the franchise. Mr. Dunlap replied in the affirmative. Councilmember Hallfin noted that the staff report indicates that Comcast shareholders will own two-thirds of Midwest Cable and stated this leads him to believe that Comcast still owns all the cable in the City and questioned whether the City has any recourse. Mr. Dunlap stated that this transfer allows Comcast to claim they do not manage this territory as part of the merger. It was moved by Councilmember Spano, seconded by Councilmember Sanger, to approve an evaluation of the legal and financial capabilities of Midwest Cable. The motion passed 6-0 (Mayor Jacobs absent). 8d. Designate G.L. Contracting Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $975,630.97 for the Connect the Park! Project No. 4014-2000 and Adopt Resolutions authorizing installation of “No Parking” restrictions on segments of Joppa Avenue (Resolution No. 14-087) and 39th Street (Resolution No. 14-088). Councilmember Hallfin stated he requested this item be removed from the consent agenda to obtain further information about how many bids were received, timing of the project, and the process for deciding whether to remove a tree. He also asked about the process for communicating with residents about underground equipment. Mr. Sullivan advised that the City received one bid for this project from G.L. Contracting, Inc., and staff talked with other bidders who chose not to bid on this project and learned that most contractors are at capacity this season. He stated that G.L. Contracting has done work for the City in the past and staff feels their bid was City Council Meeting of July 21, 2014 (Item No. 3b) Page 7 Title: City Council Meeting Minutes July 7, 2014 competitive. He advised the bid is approximately 10% higher than budgeted because the City added some sidewalk segments north of 39th Street and because of increased material and labor costs. He stated the contractor anticipates starting the project around July 21st and staff has notified residents the project may start sooner than that date. He advised that Mr. Vaughan has been working to determine the vitality of trees, longevity of species, and how to avoid removal of trees and when a tree can be saved, the sidewalk will be placed as far away as possible from the tree to maintain the root structure and more mature trees will have a treatment injected into the root area to give vitality to the structure and reduce stress on the tree. He stated that underground equipment has been discussed with residents during the public process and reinforced in the letters sent to residents informing them that irrigation and pet containment systems are the responsibility of the homeowner. He added staff would appreciate working with residents on these issues adding that if construction were to hit something that was not moved in time, staff would notify the resident and work to make the necessary repairs or temporary repairs to get the system operational. Councilmember Hallfin asked if stop signs would be installed on the corner of 39th and Lynn as part of this project. Mr. Harmening stated the City has previously received three requests for stop signs at this location that were not approved and staff needs to do more work on the issue, including a public process. It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to designate G.L. Contracting, Inc., the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $975,630.97 for the Connect the Park! – Project No. 4014-2000, to adopt Resolution No. 14-087 Authorizing Installation of “No Parking” Restrictions on the West Side of Joppa Avenue between 4300 Sunset Boulevard and 2900 Joppa Avenue, and to adopt Resolution No. 14-088 Authorizing Installation of “No Parking” Restrictions on the North Side of 39th Street from Lynn Avenue to Inglewood Avenue. The motion passed 6-0 (Mayor Jacobs absent). 9. Communications Mr. Harmening expressed appreciation to the Aquila neighborhood during the 4th of July fireworks. 10. Adjournment The meeting adjourned at 8:32 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Anne Mavity, Mayor Pro Tem Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Approve Connect the Park! Traffic Control Resolutions for Morningside and 41st St. RECOMMENDED ACTION: Motion to Adopt Resolutions authorizing installation of “No Parking” restrictions on segments of Morningside Road and 41st Street. POLICY CONSIDERATION: The proposed restrictions are consistent with the City’s Connect the Park! sidewalk, trail and bikeway system plan. SUMMARY: As part of the Connect the Park! sidewalk construction plan, Morningside Road and 41st Street will be narrowed to accommodate the concrete sidewalk. The streets will be narrowed from 28 foot to 24 foot to minimize impacts to vegetation and driveway lengths. The reduction in street width requires “no parking” signs to be installed on the same side of the road as the sidewalk. This information was discussed with the neighborhood during the two open house meetings and the council approval process. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will use Connect the Park! funds. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Location Maps Morningside Road No Parking Resolution 41st Street No Parking Resolution Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of July 21, 2014 (Item No. 4a) Page 2 Title: Approve Connect the Park! Traffic Control Resolutions for Morningside and 41st St. Location Maps MORNINGSIDE ROAD “NO PARKING” REQUEST 41st STREET “NO PARKING” REQUEST City Council Meeting of July 21, 2014 (Item No. 4a) Page 3 Title: Approve Connect the Park! Traffic Control Resolutions for Morningside and 41st St. RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS ON THE SOUTH SIDE OF MORNINGSIDE ROAD BETWEEN MACKEY AVENUE AND BROWNDALE AVENUE WHEREAS, the City of St. Louis Park is installing sidewalk as part of the Connect the Park! initiative, and; WHEREAS, Morningside Road will be narrowed from 28 foot to 24 foot to accommodate the sidewalk, and; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Engineering Director is hereby authorized to install the following controls on the south side of Morningside Road between Mackey Avenue and Browndale Avenue. Reviewed for Administration: Adopted by the City Council July 21, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of July 21, 2014 (Item No. 4a) Page 4 Title: Approve Connect the Park! Traffic Control Resolutions for Morningside and 41st St. RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS ON THE SOUTH SIDE OF 41ST STREET FROM UTICA AVENUE TO SALEM AVENUE WHEREAS, the City of St. Louis Park is installing sidewalk as part of the Connect the Park! initiative, and; WHEREAS, 41st Street will be narrowed from 28 foot to 24 foot between the Utica Avenue and Salem Avenue to accommodate the sidewalk, and; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Engineering Director is hereby authorized to install the following controls on the south side of 41st Street between Utica Avenue and Salem Avenue. Reviewed for Administration: Adopted by the City Council July 21, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Approve Plans & Specs for the Resurfacing of the Rec Center Aquatic Park and Authorize Receipt of Bids RECOMMENDED ACTION: Motion to Adopt Resolution accepting this report, establishing and approving plans and specifications, and authorizing advertisement for bids for the resurfacing of the Rec Center Aquatic Park. POLICY CONSIDERATION: Does the City Council wish to continue to move forward with this project? SUMMARY: The Rec Center Aquatic Park pool surface is the original surface from the 1997 construction of the Aquatic Park. It is starting to fail in areas and has developed some pot markings in the deep end, encouraging algae growth. Resurfacing the pool will rectify these issues and provide a new quality pool surface. FINANCIAL OR BUDGET CONSIDERATION: There is $260,000 budgeted in the 2014 CIP budget for this project. CONSTRUCTION SCHEDULE: Staff is suggesting the following schedule: July 21, 2014 - City Council approval of plans and authorization to bid July 24 & 31, 2014 - Advertise bids August 11, 2014 - Bid opening (11 a.m.) August 18, 2014 - City Council to review bid tab report and award contract Mid-April 2015 - Begin project May 29, 2015 - Project completion VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary 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 21, 2014 (Item No. 4b) Page 2 Title: Approve Plans & Specs for Resurfacing of the Rec Center Aquatic Park & Authorize Receipt of Bids RESOLUTION NO. 14-____ 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 the resurfacing of The Rec Center Aquatic Park. NOW, THEREFORE, BE IT RESOLVED by the Cit y 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. 20140070 is hereby established and ordered. 3. The plans and specifications for resurfacing of The Rec Center Aquatic Park, 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 21, 2014 Thomas Harmening, City Manager Jeffrey Jacobs, Mayor Attest: Nancy Stroth, City Clerk Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Accept Monetary Donation from Toro Company for Park Maintenance ($200) RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from Toro Company in the amount of $200 for maintaining the parks. 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. Rick Beane, Park Superintendent, participated in market research study conducted by Toro Company. For his participation, Toro Company graciously donated $200. The donation is given with the restriction that it be used to maintain the parks. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to maintain the parks. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Rick Beane, Park Superintendent Reviewed by: Cindy Walsh, Director of Parks & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of July 21, 2014 (Item No. 4c) Page 2 Title: Accept Monetary Donation from Toro Company for Park Maintenance ($200) RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $200 FROM TORO COMPANY FOR PARK MAINTENANCE 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, Toro Company donated $200 to maintain the parks; and 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 Toro Company with the understanding that it must be used to maintain the park. Reviewed for Administration Adopted by the City Council July 21, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Bid Tabulation: Dakota Park Baseball Field Renovation – Project No. 20140020 RECOMMENDED ACTION: Motion to designate Friedges Landscaping, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $115,697.50 for the Dakota Park Baseball Field Renovation (Project No. 20140020). POLICY CONSIDERATION: Does Council wish to approve this contract? BACKGROUND: The Dakota Park Baseball field is our main baseball field used by St Louis Park High School along with many other groups. The current condition and playability of the field are compromised due to poor soil and drainage conditions. This project will address those issues along with other water issues in the general vicinity adjacent to the baseball field. Bids were received on July 15, 2014 for the renovation of the baseball field at Dakota Park. An advertisement for bid was published in the Sun-Sailor on June 11, 2014. In addition, plans and specifications were noticed on the City Website and made available electronically via the internet by our vendor QuestCDN.com. Email notification is provided to five minority associations and final printed plans are made available for viewing. SUMMARY: A total of six (6) bids were received for this project. The bid included an additional alternate option only if the project is delayed for the growing season. The additional alternate amount covers sodding the field versus seeding. A summary is as follows: CONTRACTOR BID AMOUNT Alternate Friedges Landscaping, Inc. $ 115,697.50 $ 25,315.00 Cobalt Contracting, Inc. $ 150,995.73 $ 40,225.77 Urban Companies $ 181,267.00 $ 15,768.00 Max Steininger, Inc. $ 198,000.00 $ 30,844.00 Veit & Company, Inc. $ 213,525.50 $ 33,372.00 Peterson Companies, Inc. $ 223,850.04 $ 20,758.48 A review of the bids indicates Friedges Landscaping, Inc. submitted the lowest bid. Friedges Landscaping, Inc. is a reputable contractor that has worked for the City in the past. Staff recommends that a contract be awarded to the firm in the amount of $115,697.50. Construction is scheduled to begin July 28 and is anticipated to be completed by November 1. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program with an estimated budget of $300,000. This contract is part of the total project cost. We anticipate this coming in on budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Stacy Voelker, Administrative Secretary Rick Beane, Park Superintendent Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Wooddale Avenue and 36th Street Intersection Improvements RECOMMENDED ACTION: Motion to accept this report establishing and ordering Improvement Project No. 4014-1300, approving the preparation of plans and specifications, and authorize ordering materials for the improvements. POLICY CONSIDERATION: Does Council wish to move forward with ordering materials for construction? SUMMARY: Staff included Signal/ Intersection Improvements at Wooddale and 36th Street in the 2014 Capital Improvement Program. This improvement includes removal of center islands, replacing the signal cabinet, remove and replace signal poles, remove and replace intersection islands and signal optimization. The new signal would include protected- permitted left turn phasing on all approaches (with the potential for flashing yellow arrow) and improving overall intersection operations. The engineering staff recommends moving forward with this project so that construction is completed before traffic is redirected to this intersection as part of the MnDOT TH 100 improvement project. To accomplish this goal, the city needs to order the steel necessary to construct new traffic signals 12 weeks prior to construction. FINANCIAL OR BUDGET CONSIDERATION: The proposed intersection project is included in the 2014 CIP and has an estimated cost of $380,000. Funding would be provided by the Elmwood TIF District. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Figure 1 – Proposed Intersection Re-alignment Layout Prepared by: Phillip Elkin, Sr. Project Manager Reviewed by: Debra M. Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of July 21, 2014 (Item No. 4e) Page 2 Title: Wooddale Avenue and 36th Street Intersection Improvements DISCUSSION Background: In recent years, the Wooddale Avenue/36th Street study area has experienced many changes, including the construction of the TH 7/Wooddale Avenue interchange, improvements to the Southwest Regional Trail crossing at Wooddale Avenue, and development growth along Wooddale Avenue and 36th Street. In April of 2008, the City hired SRF consulting to analyze the operational and safety concerns of the area surrounding the Wooddale Avenue and 36th Street intersection identified through community feedback. A meeting was held in October 2012 with the Elmwood neighborhood that resulted in a follow up traffic analysis in February of 2013 to review how the travel patterns and peak hour volumes changed since the TH 7/ Wooddale Avenue interchange has been open to traffic. The study also took a look at several Elmwood neighborhood traffic concerns. The main objective of the traffic analysis update was to determine how travel patterns and peak hour volumes have changed since the TH 7/Wooddale Avenue interchange has been open to traffic, the operational impacts on Wooddale Avenue and 36th Street, and any necessary modifications to improve the overall safety and operations for vehicular, pedestrian and bicycle traffic in the study area. The 2013 report recommends that many of the Elmwood neighborhood traffic concerns would be addressed with the implementation of improvements at the Wooddale Avenue/ 36th Street intersection. A public meeting was held on July 10, 2014 from 5:30 -7:30 p.m. at Fire Station #1 to discuss the changes recommended in the 2013 traffic report and solicit feedback from the neighborhood. There were about 50 residents in attendance. The meeting covered a number of traffic and pedestrian travel concerns throughout the neighborhood. Ultimately, there was support the intersection improvement. Based on this meeting additional items will be incorporated into the intersection design: • Crosswalk striping on west side of Wooddale • Synchronizing of left turn movements by signal turn arrows • Striping the northbound lane past the intersection SIGNAL/ INTERSECTION IMPROVEMENTS AT WOODDALE AND 36TH STREET Staff included Signal/Intersection Improvements at Wooddale and 36th Street in the 2014 Capital Improvement Program. Several factors were considered in the selection of improvements, such as the future SWLRT stations and the anticipated re-development and traffic modifications which will accompany the construction of SWLRT. In addition to the importance of improving this intersection ahead of the LRT design, the need for the improvements is made more immediate by the TH100 project. This section of Wooddale Avenue will be designated as a detour route during the closure of the Hwy 7 bridge in 2016. The intersection project includes: • Install a crosswalk on the west approach and corresponding signal improvements • Remove the west approach median, modify northwest pork-chop island, and restripe to dedicated left-, though, and right-turn lanes - Requires signal modification to align signal heads City Council Meeting of July 21, 2014 (Item No. 4e) Page 3 Title: Wooddale Avenue and 36th Street Intersection Improvements • Restripe the south approach to include a dedicated left-turn lane and modify southeast pork-chop island to allow the northbound to eastbound movement to travel in its own lane - The right-turn movement should have yield control to assist pedestrian crossings - Results in one lane exiting the intersection on the east approach - The northbound lanes may need to be modified to 11 foot lanes to limit curb impacts • Revise/optimize signal timing (assumes new controller and cabinet) - Pedestrian crossing times - Install protective-permitted phasing on all approaches (i.e. flashing yellow arrow) • Modify the northwest curb line to accommodate southbound to westbound truck movements • Modify the southwest curb line to accommodate westbound to southbound movement Benefits: • Improves/maintains overall intersection operations • Improves eastbound/westbound and northbound/southbound left-turn lane offset and westbound through lane alignment • Improves pedestrian access • Upgrades entire signal and provides more timing flexibility OTHER CONCERNS The following topics were discussed at the neighborhood meeting as well. Staff anticipates additional meetings with the neighborhood to follow up on these items. • Oxford street potential conversion (from one way to two way) • Xenwood and 36th Signal installation • 36th Street pedestrian crossing at Alabama • Stop sign at 36th Street and Alabama • Sight lines off of HWY 7 onto Wooddale • Trail crossing at Wooddale • Truck traffic speeds AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FTREM 35 SFAREA 15 SFPERIMETER 30 FTREM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'HH T E DI T W HH HH HH HHHH G E HH HH HH HH W HH HH HH HH T HH T T T T T T T T TTAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 'PERIMETER 30 FTREM 3 5 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERI METER = 30 ' PERIMETER 30 FTREM 35 SFAREA 15 SF 200 40 scale in feet WO O D D A L E A V E W 36TH ST LEGEND (TOE OF SLOPE) PRELIMINARY CONSTRUCTION LIMITS RAISED MEDIANS & CURBS PAVED ROADWAY EXISTING TRAFFIC SIGNAL EXISTING RIGHT OF WAY BITUMINOUS TRAILS & BIKEWAYS City Council Meeting of July 21, 2014 (Item No. 4e) Title: Wooddale Avenue and 36th Street Intersection Improvements Page 4 Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4f MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA June 4, 2014 Community Room, City Hall MEMBERS PRESENT: Terry Gips, Rachel Harris, Whitney Thesing, Ryan Griffin, Chris Anderson, Tom Hillstrom, Renee McGarvey, Cindy Larson O’Neil, Judy Voigt, Caitlin Glennon and Alex Sundvall MEMBERS ABSENT: Mark Eilers (excused), Mary Karius (resigned) STAFF PRESENT: Phillip Elkin GUESTS: Jim Vaughan - Environmental Coordinator, City of St. Louis Park Sean Walther – Senior Planner, City of St. Louis Park Deb Heiser – Director of Engineering, City of St. Louis Park 1. The meeting was called to order at 6:35 p.m. 2. Roll Call was taken 3. May meeting minutes were moved by Commissioner Thesing and seconded by Commissioner Glennon and unanimously approved. 4. New Business: Jim Vaughan began the discussion by reviewing the history of GreenStep Cities in St. Louis Park and reviewing energy efficiency in City buildings, green purchasing policies and natural resources. Sean Walther continued the discussion from the Community Development standpoint. He detailed how a Green Building policy had been adopted by the City, which was employed during the planning and construction of the City’s new fire stations. “Complete Streets,” Form Based Codes and higher density along the anticipated Green Line train transit line were also cited as programs designed to improve sustainability. Deb Heiser detailed improvements to street lighting; sidewalk projects; bicycle and train transit projects; and water treatment as ways the Public Works and Engineering Departments were enhancing the sustainability of the City. When asked by the Commissioners in what ways the Commission could help staff, City staff responded that the Commission could support City-wide initiatives such as: • Adopt-a-Park Program • Volunteering at Westwood Hills Nature Center -Jr. Naturalist Program • Taking part in Home Energy Audit programs City Council Meeting of July 21, 2014 (Item No. 4f) Page 2 Title: Environment and Sustainability Commission: Sustainable SLP Meeting Minutes of June 4, 2014 • Support “Connect the Park” projects - attend public meetings and speak in support of City efforts • Support “Form Based Code” efforts to set land use guidance 5. Communications a. Commissioner Harris introduced a proposal from Commissioner Gips to move the July meeting date from the first Wednesday, July 2, to the second Wednesday of the month, due to the fourth of July holiday. A show of hands was taken to determine which meeting would have the higher turnout, and is was decided to change the meeting date as proposed. b. Commissioner Gips asked that the Commission vote on his proposal introduced at the May meeting to extend the Commission meetings (up to an additional half hour) until the Commission is up to speed on each of the areas of the GreenStep Cities. This motion was approved unanimously. c. Commissioner Hillstrom noted that he was expecting Jamie Zwilling to attend tonight’s meeting. He noted that the Sustainable SLP Brand Work Group had a productive meeting with Jamie and requested that he be invited to the next commission meeting. d. Phil Elkin requested that commissioners, who wish to propose agenda items, send these items two weeks in advance of the meetings for consideration. e. Commissioner Gips requested that his work group, Education and Behavior Change, had previously submitted items that have yet to be included for commission discussion. f. Chairperson Harris announced that Mike Lamb’s contract was up with the City, and that he would no longer be attending commission meetings. She thanked him for his past contributions. She will send him a thank-you card and would be inviting the rest of the commissioners to sign. g. Chairperson Harris also announced that commissioner Karius had submitted her resignation from the commission earlier in the day and also thanked her for her contributions to the commission. It was noted that it was too early to know when a replacement for her position would be found. 6. Chair Harris adjourned the meeting at 8:15. Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4g FIRE CIVIL SERVICE COMMISSION MINUTES April 23, 2014 – 8:30 a.m. FIRE STATION 1 CONFERENCE ROOM 1. The meeting was called to order at 8:32 a.m. by President MacMillan. 2. In attendance were Commissioners David Lee, Bill MacMillan, and Jim Rhodes. Also present were Ali Fosse, HR Coord/Staff Liaison; Steve Koering, Fire Chief; Mark Windschitl, Rodger Coppa, and Cary Smith, Assistant Chiefs; Eric Curran-Bakken, Local 993 Union President; Mark Nelson, Captain; and Eva Hansen and Shawn Glapa, Lieutenants. 3. A motion was made by Commissioner Lee, seconded by Commissioner Rhodes, to approve the minutes from the March 14, 2014 meeting. Motion carried unanimously. 4. Chief Koering presented the recommended recruitment process for the new position of Deputy Fire Chief. With the anticipated May 30 retirement of Assistant Chief Mark Windschitl, Chief Koering has reorganized the job description and organizational chart. The vacant position has been reclassified as Deputy Fire Chief, and will serve as second in command. The recruitment process involves an application period in which both internal and external candidates may apply, then two rounds of oral interviews. Special attention will be paid to interview panelists and questions to ensure quality candidates rise to the top. Commissioners expressed support for the structure and the process. A motion was made by Commissioner Lee, seconded by Commissioner Rhodes, to approve the recruitment process for Deputy Fire Chief as presented. Discussion ensued about the importance of succession planning in the Fire Department. Union President Bakken stated the union’s position is to prefer promotions from within but understands that external candidates may bring good qualities to the department, and also stressed the importance of labor relations experience in the successful candidate. Motion carried unanimously. 5. In other business, Commissioner Lee commended Firefighter/Union President Bakken and POC FF Nathan Janiga for their response to his home in a timely and professional manner. The commission noted Assistant Chief Windschitl’s upcoming retirement and thanked him for his service and wished him well. A celebration for AC Windschitl is scheduled for May 28 from 2-4 pm at Fire Station 1. 6. The Commission adjourned at 9:12 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Meeting: City Council Meeting Date: July 21, 2014 Consent Agenda Item: 4h OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 7, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Lisa Peilen, Richard Person, Joe Tatalovich MEMBERS ABSENT: Carl Robertson Charlie Dixon (youth member) STAFF PRESENT: Ryan Kelley, Meg McMonigal, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of April 23, 2014 Commissioner Johnston-Madison made a motion to approve the minutes of April 23, 2014. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 3-0-2 (Commissioners Kramer and Peilen abstained; Commissioner Person was not present for the vote.) 3. Public Hearings A. D & D Autoworks – Conditional Use Permit Location: 6407 W. Lake Street Applicant: Loni Strassman and Will DuBois Case No.: 14-09-CUP Gary Morrison, Assistant Zoning Administrator, presented the report. He stated that the applicant would like to construct two additional service bays, add some landscaping, screen some rooftop equipment, meet architectural material regulations, and rescind the existing Special Permit. Commissioner Kramer asked if there would be any changes to signage on the property. Mr. Morrison said signage is not a part of the application. He said a sign permit would be required if additional signage was requested. Commissioner Kramer said anything the applicant could do to make the signage look more contemporary would be appreciated. Commissioner Kramer suggested that replacing windshield fluid be added to condition 5 as an allowed outdoor task. City Council Meeting of July 21, 2014 (Item No. 4h) Page 2 Title: Planning Commission Minutes May 7, 2014 Loni Strassman, architect, said he would take any questions regarding drawings or the presentation. Chair Carper opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Person made a motion to recommend approval of the Conditional Use Permit (CUP) subject to conditions recommended by staff. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-0. B. Preliminary and Final Plat of Frauenshuh Addition Location: 4951 & 4959 Excelsior Boulevard Applicant: DRF Dental Buildings, LLC Case No.: 14-10-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He said there are two existing buildings on the property, the Diagnostic Imaging Center (DIC) and a Wells Fargo Bank. The imaging center is on proposed Lot 1 and the bank is on proposed Lot 2. Mr. Morrison stated that as a result of a subdivision a non-conformity cannot be created. All buildings on the property have to meet the setbacks to the new property line. Because the imaging center is commercial property adjacent to commercial property there isn’t a minimum setback requirement. The applicant is proposing a 5 ft. setback. So there will be room for sidewalk alongside the building. The bank itself is a lot further away from the property line at about 50 ft. Mr. Morrison discussed the canopy for the drive-thru which comes within 2 feet of the property line. Mr. Morrison described the access/parking easements which will be provided and recorded with the plat. Mr. Morrison said as a result of the subdivision a sidewalk will be installed from Excelsior Blvd. down to the end of the property. This will also fill in a gap that is missing for sidewalk. Chair Carper asked if the imaging center and the bank are tenants of DRF Dental Buildings. Mr. Morrison responded they are tenants. He said the applicant could explain the relationship between the entities. Commissioner Johnston-Madison asked if the sidewalk gap was addressed in Connect the Park. She said there was a concern about the trees along the gap which protect the residents to some degree on Quentin from viewing the bank, parts of Miracle Mile and the parking lot. She said prior to City Council consideration she would like to be able to let the neighbors know what is going to happen regarding the trees. City Council Meeting of July 21, 2014 (Item No. 4h) Page 3 Title: Planning Commission Minutes May 7, 2014 Commissioner Person asked if the subdivision would be an opportunity to require additional landscaping. He said the report indicated that no new construction, renovation or redevelopment is proposed with the application. He asked if there are any plans for redevelopment that staff is aware of. Mr. Morrison responded the application is strictly a subdivision application and staff is not aware of any proposed redevelopment. Meg McMonigal, Planning and Zoning Supervisor, discussed the cross access easement. She said both properties will be able to use each other’s property to circulate around the site as it is a very tight site. Ross Hedlund, Frauenshuh, explained that the bank building has a dental clinic on the 2nd floor and the ownership of that building is in partnership with Frauenshuh. Commissioner Johnston-Madison asked the applicant if there are any redevelopment plans. Mr. Hedlund said there are no plans currently. He added that the reason for the subdivision is that the property is currently under a land lease and the subdivision would allow for a change in ownership. Chair Carper opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Johnston-Madison asked what height would be allowed on the imaging center site if redevelopment were to occur. Mr. Morrison said the property is zoned C-2 which allows several stories. He added that the limiting factor is always parking. The site is currently parked out. Even adding a second story would require a significant amount of parking. Commissioner Person asked that tree replacement along the east property line be addressed in the conditions of approval. Mr. Morrison said under the ordinance there is a replacement requirement. Commissioner Johnston-Madison spoke about tree survival and the sidewalk. She said she didn’t think there was enough room on the other side to plant additional trees. Mr. Morrison said it is a priority to keep the tree replacement in the same location as much as possible. He said the green area would be utilized for tree replacement. Commissioner Johnston-Madison asked that more information on this be provided to the affected residents. City Council Meeting of July 21, 2014 (Item No. 4h) Page 4 Title: Planning Commission Minutes May 7, 2014 Mr. Morrison said staff would look at the issue prior to City Council consideration. He said the sidewalk and landscape isn’t designed at this point but planning staff will discuss it with engineering and environmental staff to see what can fit in. Commissioner Kramer made a motion to recommend approval of the Preliminary and Final Plat of Frauenshuh Addition, subject to conditions recommended by staff. Commissioner Peilen seconded the motion, and the motion passed on a vote of 6-0. 4. Other Business Ms. McMonigal stated that the May 21 Planning Commission meeting will be canceled. Updates were provided on recent project proposals. 5. Communications 6. Adjournment The meeting was adjourned at 6:37 p.m. A study session regarding Business Park zoning began at 6:45 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: July 21, 2014 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Noodles & Company On-Sale Wine and 3.2% Malt Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from The Noodles Shop, Co. – Colorado, Inc., doing business as Noodles & Company, for an On-Sale Wine and 3.2 Malt Liquor License to be located at 8332 Hwy. 7, Suite 346, with the license term through March 1, 2015. POLICY CONSIDERATION: Does the Council wish to approve the liquor license for Noodles & Company? SUMMARY: The City received an application from The Noodle Shop, Co. – Colorado, Inc., dba Noodles & Company, for an On-Sale Wine and 3.2 Malt Liquor License. The establishment plans to open the first week in September, 2014, in the Knollwood Mall development. The premise to be licensed is approximately 2,800 square feet, consisting of 88 seats inside and an enclosed patio with 22 seats. The main principals are as follows: Keith Kinsey - President/Chief Operating Officer; Paul Stassen - Executive Vice President/General Counsel; and Luke Boyd - Area Restaurant General Manager. Boyd will be the store manager until another manager is named. The Police Department has run a full background investigation, and nothing was discovered during the course of this investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published July 10, 2014. Should Council approve the liquor license, no actual license is issued until all required compliance is met with the City Inspections Department and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $2,750 for the On-Sale Wine and 3.2% Malt Liquor yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: July 21, 2014 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Dakota Park Field – Conditional Use Permit for Fill RECOMMENDED ACTION: Motion to Adopt Resolution approving the Conditional Use Permit for fill at Dakota Park with conditions recommended by staff. POLICY CONSIDERATION: Is the proposed grading and hauling activity consistent with the requirements of the Zoning Ordinance? SUMMARY: A Conditional Use Permit (CUP) is requested to import approximately 730 cubic yards of fill to the northernmost baseball field at Dakota Park, located at 2643 Dakota Avenue South near Peter Hobart Elementary School. The fill is required to complete soil corrections that will improve drainage of the field, making it more usable throughout the season. The Planning Commission recommended approval on July 2, 2014. If approved, the Operations and Recreation Department anticipates that construction at Dakota Park would begin in July 2014. FINANCIAL OR BUDGET CONSIDERATION: There is no financial impact related to consideration of the Conditional Use Permit. 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: Discussion Resolution Draft Minutes – July 2, 2014 Planning Commission Site Plan Haul Route Map Prepared by: Emily Goellner, Community Development Intern Reviewed by: Sean Walther, Senior Planner Meg McMonigal, Planning & Zoning Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of July 21, 2014 (Item No. 8a) Page 2 Title: Dakota Park Field – Conditional Use Permit for Fill DISCUSSION Project Background: A Conditional Use Permit (CUP) is required when importing more than 400 cubic yards of fill to a site. The City’s Operations and Recreation Department is seeking a CUP to import 730 cubic yards of fill to Dakota Park in order to improve drainage and make the northernmost baseball field more usable. Approximately 3,700 cubic yards of material will be excavated from the baseball field. Most of it will be screened, mixed with imported material, and reincorporated into the field. The 730 cubic yards of imported material will include 520 cubic yards of sand to mix with existing topsoil and 210 cubic yards of limestone aggregate for the infield. Location: Dakota Park is located in the Bronx Park neighborhood at 26th Street and Dakota Avenue. Peter Hobart Elementary School is located directly to the west. The field reconstruction will take place on the northernmost baseball field closest to the Burlington Northern Santa Fe railroad line to the north and the Canadian Pacific railroad line to the east. City Council Meeting of July 21, 2014 (Item No. 8a) Page 3 Title: Dakota Park Field – Conditional Use Permit for Fill CUP and Zoning Analysis: The CUP would allow for placement of fill on the northernmost baseball field at Dakota Park. The park activities on the site are a permitted use under the Zoning Ordinance. The CUP requirements for excavation and fill include an analysis of the following criteria: • Hauling Duration & Hours of Operation • Hauling Route & Material Type • Erosion Control • Stormwater • Storage & Waste Removal • Trail Connection • Process • Recommendation Hauling Duration & Hours of Operation: • Approximately 85 truck loads are needed to haul 730 cubic yards to the field over the course of a two to three month period. • Hauling is expected to begin in late July with 10-20 trucks on a given day. Hauling will continue at a diminishing pace through mid-September. City Code allows hours of operation between 7:00 AM and 10:00 PM on weekdays and 9:00 AM to 10:00 PM on weekends and holidays. The proposed hours of operation are 7:00 AM to 7:00 PM on weekdays and 9:00 AM to 7:00 PM on weekends and holidays. The hours were reduced to mitigate negative impacts on nearby residents. The applicant does not expect work to be completed on weekends for this project, nor do they expect hauling on to the site past 4:00 PM on weekdays since traffic becomes congested in this area. Haul Route & Material Type: • A map of the haul route is attached. • Deliveries will come from two directions. Trucks from the east will follow Highway 100 to Minnetonka Boulevard. From Minnetonka Boulevard, trucks will drive north on Dakota Avenue to the Dakota Park. • Trucks from the west will follow Louisiana Avenue to 27th Street. Trucks will drive east on 27th Street to Dakota Park. • The truck traffic will not have an impact on the flow of traffic along 27th Street, Dakota Avenue, Louisiana Avenue, or Minnetonka Boulevard. • The hauling will be completed by typical short-box dump trucks. The materials imported to the site will include sand and limestone aggregate. The City’s Public Works Services Manager, Scott Merkley, requested that the easterly route following Highway 100, Minnetonka Boulevard, and Dakota Avenue be made the preferred route for hauling because all roads are 9-ton roads or greater. The westerly route includes sections of 27th Street that are only 7-ton roads. While both roads will work, the easterly route is preferred and should be used whenever possible. The applicant, Rick Beane, responded to this comment by updating the haul route for the contractor to reflect the preference. City Council Meeting of July 21, 2014 (Item No. 8a) Page 4 Title: Dakota Park Field – Conditional Use Permit for Fill Erosion Control: An erosion control permit will be required from the City and the Minnehaha Creek Watershed District prior to starting the project. The Operations and Recreation Department will ensure that appropriate erosion control practices are in place during construction. Stormwater: The proposed changes to the park do not include the addition of any impervious surfaces. Stormwater plans for this site have been reviewed by the Engineering Department. Existing low areas will be expanded to increase storage and treatment capacity. Stormwater lines, tiles, and swales will be added to improve drainage. On-Site Soil Storage & Waste Removal: The contractor will salvage and stockpile existing limestone from the infield and the warning track for use under the imported limestone for reuse in this project. The material will be stockpiled on site within the boundaries of construction as shown on the site plan. Existing soil and imported sand will also be stockpiled within the boundaries of the construction site. Stockpiles will be placed, graded, and shaped to drain surface water and covered to prevent windblown dust. Erosion control measures will be installed around stockpiles. Waste material, including unsatisfactory soil, trash, and debris will be lawfully disposed of off the premises. Trail Connection: At the northwest corner of the baseball field, the paved connection to the North Cedar Lake Trail will be temporarily closed during this renovation to install a new drain tile. Bikers and pedestrians will be able to access the North Cedar Lake Trial approximately 1,050 feet to the west in Nelson Park. The Fire and Police Departments will receive a notice of the temporary closure. The trail connection will be repaved in the same location in its original width and length. City Council Meeting of July 21, 2014 (Item No. 8a) Page 5 Title: Dakota Park Field – Conditional Use Permit for Fill Process: A public hearing is required for all CUPs. The Planning Commission reviewed the item on July 2, 2014, held a public hearing, and recommended approval. All property owners within 350 feet of the park were notified by mail. One resident shared concerns that the baseball diamond was ill-fitted for the residential neighborhood. He was concerned that people were adjusting the timers on the field, causing lights to turn on as early as 4:00 PM and turn off as late as 3:00 AM. Rick Beane, the applicant and the City’s Park Superintendent, discussed lighting problems in the past with the old analog system. He said the automatic timer failed numerous times and the City has upgraded the lighting system to electronic controls. The system is now programmed and scheduled to turn lights off at 10:30 PM each night. Beane said he has not received any complaints about lighting this season. The Planning Commission draft meeting minutes from July 2 nd are attached. Recommendation: Staff recommends the adoption of the Resolution approving the Conditional Use Permit to import 730 cubic yards of fill at Dakota Park with conditions. City Council Meeting of July 21, 2014 (Item No. 8a) Page 6 Title: Dakota Park Field – Conditional Use Permit for Fill RESOLUTION NO. 14-____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ZONING ORDINANCE TO IMPORT FILL FOR PROPERTY ZONED POS - PARKS AND OPEN SPACE DISTRICT LOCATED AT 2643 DAKOTA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of importing fill to 2643 Dakota Avenue South, legally described as follows, to-wit: UNPLATTED 09-117-21 THAT PART OF THE SE ¼ OF THE NE ¼ OF SEC 08-117-21 LYING SLY OF RR R/W AND LYING ELY OF A LINE DRAWN PAR WITH AND 33 FT WLY OF THE FOL DESC LINE BEG AT THE SE COR OF SAID ¼ ¼ TH N ALONG THE E LINE THOF 123 FT TH ON A TANGENTIAL CUR TO THE LEFT HAVING A RADIUS OF 337.03 FT A DELTA ANGLE OF 47 DEG 00 MIN 276.47 FT TH TANGENT TO SAID CUR 107 FT TH ON A TANGENTIAL CUR TO THE RT HAVING A RADIUS OF 343.08 FT A DELTA ANGLE OF 32 DEG 30 MIN 194.61 FT TH TANGENT TO SAID CUR 76 FT AND THERE TERM ALSO THAT PART OF GOVT LOT 3 OF SEC 09-117-21 LYING SLY OF BURLINGTON NORTHERN RR R/W AND WLY OF MN & S RR R/W AND THAT PART OF GOVT LOT 6 SEC 9 LYING N OF PARK MANOR AND W OF THE NLY EXT OF THE W LINE OF BLK 3 SAID ADDN EX RD 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-15-CUP) and the effect of the proposed import of fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the import of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed import of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14-15-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. City Council Meeting of July 21, 2014 (Item No. 8a) Page 7 Title: Dakota Park Field – Conditional Use Permit for Fill Conclusion The Conditional Use Permit to permit the import of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The haul route shall include only 27th Street, Louisiana Avenue, Highway 100, Minnetonka Boulevard, and Dakota Avenue. 2. Hauling may occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 7:00 p.m. on the weekend and holidays. 3. All contractors are required to comply with state and local dust and noise ordinances. 4. All necessary permits shall be obtained, including an Erosion Control Permit. 5. Loud equipment shall be kept as far as possible from residences at all times. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Reviewed for Administration: Adopted by the City Council July 21, 2014 City Manager Mayor Attest: City Clerk UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JULY 2, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich, MEMBERS ABSENT: Claudia Johnston-Madison, Robert Kramer, Charlie Dixon (youth member) STAFF PRESENT: Emily Goellner, Gary Morrison, Nancy Sells Rick Beane, Parks Superintendent 1. Call to Order – Roll Call 2. Approval of Minutes of May 7, 2014 Commissioner Person made a motion of approval for the May 7, 2014 minutes. Commissioner Peilen seconded the motion, and the motion passed on a vote of 4- 0-1 (Robertson abstained). 3. Public Hearings A. Conditional Use Permit for Importing Fill Location: Dakota Park Field – 2643 Dakota Avenue South Applicant: City of St. Louis Park Case No.: 14-15-CUP Emily Goellner, Community Development Intern, presented the staff report. She explained that the conditional use permit is requested to import 730 cubic yards of fill for the northernmost baseball field in Dakota Park. The proposed project would improve drainage on the field. Ms. Goellner said the project is anticipated to begin in late July, with most of the hauling of soil into the site completed before Peter Hobart Elementary begins the school year. The project would be completed in November. Ms. Goellner reviewed the hauling route. Commissioner Tatalovich asked if this project had been planned all along or if it became necessary due to the large amount of rainfall received recently. Rick Beane, Parks Superintendent, remarked that the project has been planned for many years. Chair Carper asked why conditions of approval don’t include sufficient road cleaning to be done by the contractor. City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 8 Mr. Beane responded that cleaning is part of the contractor’s responsibility and that requirement will be in the construction contract. He added that he will be on site on a daily basis and will make sure that requirement is met. Commissioner Peilen asked how much the ball field is used during July and August. Mr. Beane stated the field is primarily used by the high school baseball team and their season is over. The Parks and Recreation scheduling staff have found alternate locations for the other teams who use the Dakota Park field. Mr. Beane stated he expects the field will be seeded this fall and ready for baseball next spring. Chair Carper opened the public hearing. Wayne Braaten, 2656 Dakota Ave. S., stated that he lives across from Dakota Park. He said speaking as a neighbor of the park; his biggest concern is that the ball diamond is very ill-fitted to the residential neighborhood. He stated there were lots of problems last year such as people messing with the timers on the lights and the lights would frequently be on at 4 p.m. and shut off at 3 a.m. Mr. Braaten said that residents have voiced their concerns to the city for many years. He spoke about tail gating that occurs in the Peter Hobart parking lot. He suggested removing the ball diamond from the residential neighborhood. Mr. Beane discussed lighting problems in the past with an old analog system. He said the automatic timer did fail numerous times last summer. The City has upgraded the lighting system to electronic controls in all the lighted ball fields. The system is now programmed and scheduled to turn lights off at 10:30 p.m. each night. He spoke about back-up systems in place if the program fails. Mr. Beane said he has not received any complaints about lighting this season. Chair Carper closed the public hearing as no one else was present wishing to speak. Commissioner Robertson made a motion to recommend approval of the Conditional Use Permit to import approximately 730 cubic yards of fill, subject to conditions. Commissioner Person seconded the motion, and the motion passed on a vote of 5-0. City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 9 4. Other Business Chair Carper mentioned the 2014 League of Minnesota Cities Leadership Award recently received by City Manager Tom Harmening. He thanked Mr. Harmening and staff for their work. 5. Communications 6. Adjournment The meeting was adjourned at 6:25 p.m. Submitted by, Nancy Sells Adm. Secretary City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 10 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 11 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 12 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 13 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 14 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 15 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 16 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for Fill Page 17 City Council Meeting of July 21, 2014 (Item No. 8a) Title: Dakota Park Field – Conditional Use Permit for FillPage 18