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HomeMy WebLinkAbout2014/11/17 - ADMIN - Agenda Packets - City Council - Regular AGENDA NOVEMBER 17, 2014 (Mayor Jacobs Out) 6:00 p.m. BOARDS & COMMISSIONS INTERVIEWS – Community Room 6:45 p.m. SPECIAL STUDY SESSION – Community Room Discussion Items 1. 6:45 p.m. Discussion with County Commissioner Marion Greene 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations 2b. Kids Voting Project 3. Approval of Minutes 3a. City Council Meeting Minutes October 20, 2014 3b. City Council Meeting Minutes November 3, 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. Public Hearing – 2015 Liquor License Fees Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution approving 2015 liquor license fees for the license term March 1, 2015 through March 1, 2016 pursuant to M.S.A. Ch. 340A and section 3-59 of the St. Louis Park City Code. 6b. The Loop - On Sale Intoxicating and Sunday Sale Liquor License Recommended Action: Mayor to close public hearing. Motion to approve application from Loop West End, LLC; dba The Loop, for an On Sale Intoxicating and Sunday Sale Liquor License located at 5331 16th Street West, with the license term through March 1, 2015. 6c. Target – Off Sale Intoxicating Liquor License Recommended Action: Mayor to close public hearing. Motion to approve application from Target Corporation, dba Target Store T2189, for an Off Sale Intoxicating Liquor License located at 8900 Hwy. 7, with the license term through March 1, 2015. Meeting of November 17, 2014 City Council Agenda Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Conditional Use Permit – Knollwood Target Liquor Store Recommended Action: Motion to Adopt Resolution approving a Conditional Use Permit (CUP) for a liquor store at the Knollwood Target location, with conditions as recommended by staff. 8b. Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Recommended Action: Motion to Adopt Resolution approving the Conditional Use Permits for NLD 394 LLC for a new Kia Dealership, with conditions as recommended by staff and the Planning Commission. 8c. Methodist Hospital PUD Minor Amendment for Landscaping Recommended Action: Motion to Adopt Resolution Approving a Minor Amendment to the Final Planned Unit Development (PUD) for Methodist Hospital. 9. Communications -- None Meeting of November 17, 2014 City Council Agenda CONSENT CALENDAR 4a. Adopt Resolution authorizing Worker’s Compensation insurance renewal effective December 1, 2014 and ongoing. 4b. Adopt Resolution authorizing the submission of a Congestion Mitigation Air Quality (CMAQ) grant application to the Federal Transit Administration to partially fund a structured parking ramp at the SWLRT Beltline Station. 4c. Adopt Resolution approving the Joint Powers Agreement between the Port Authority of the City of Saint Paul and the City of St. Louis Park to implement the Minnesota Property Assessed Clean Energy Program (PACE of MN) in St. Louis Park. 4d. Approve for Filing Environment and Sustainability Commission: Sustainable SLP Meeting Minutes October 1, 2014. 4e. Adopt Resolution authorizing special assessments for the installation of a traffic signal at the shared entrance of 36 Park Apartments and Target. 4f. Adopt Resolution authorizing special assessments for the installation of a traffic signal at the shared entrance of 36 Park Apartments and Target. 4g. Approve Special Assessment Agreement and Adopt Resolution authorizing the special assessment for the abatement of hazardous buildings located at 3925 Zarthan Avenue South, P.I.D. 21-117-21-24-0081. 4h. Adopt Resolution authorizing the special assessment for the repair of the water service line at 2000 Utah Avenue South, St. Louis Park, Minnesota, P.I.D. 07-117-21-11-0054. 4i. Adopt Resolution authorizing the special assessment for the repair of the water service line at 2037 Utah Avenue South, St. Louis Park, Minnesota, P.I.D. 07-117-21-11-0022. 4j. Adopt Resolution authorizing the special assessment for the repair of the water service line at 2410 Rhode Island Avenue South, St. Louis Park, Minnesota, PID #08-117-21- 23-0080. 4k. Adopt Resolution authorizing the special assessment for the repair of the water service line at 1821 Louisiana Avenue South, St. Louis Park, Minnesota, P.I.D. 05-117-21-43-0133. 4l. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 2901 Colorado Avenue South, St. Louis Park, Minnesota, P.I.D. 09-117-21-33-0189. 4m. Approve second reading and Adopt Ordinance amending St. Louis Park Code of Ordinances Sections 32-41, 32-202, and 32-204 relating to the partial ownership of residential water service lines, approve summary ordinance, and authorize publication. 4n. Adopt Resolution approving acceptance of monetary donation from the Trust of Kathleen Hugget in the approximate amount of $250,000 for the care and maintenance of Westwood Hills Nature Center. 4o. Adopt Resolution approving acceptance of a $2,200 donation from Roland S. Larson for the purchase and installation of a bench in Wolfe Park honoring Doris and Roland Larson. 4p. Approve Amendment No. 2 to City Agreement No. 4219, between the City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for communication antennas on the City’s water tower at 2541 Nevada Avenue. 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: November 17, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Discussion with County Commissioner Marion Greene RECOMMENDED ACTION: None at this time POLICY CONSIDERATION: None at this time. SUMMARY: At the request of the City Council and County Commissioner Marion Greene, this item has been scheduled to allow a discussion between both parties on various topics of interest. Based on previous input from the Council the topics identified included SWLRT station area planning and incorporating the recommendations from the TSAAP process into the project. In addition, affordable housing and our recently adopted housing policy was identified as a discussion topic as well. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Tom Harmening Meeting: City Council Meeting Date: November 17, 2014 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the following donations being accepted at the meeting and listed on the Consent Agenda: From Amount For Trust of Kathleen Hugget $250,000 The care and maintenance of Westwood Hills Nature Center Roland S. Larson $2,200 The purchase and installation of a bench in Wolfe Park honoring Doris and Roland Larson Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: November 17, 2014 Presentation: 2b EXECUTIVE SUMMARY TITLE: Kids Voting Project RECOMMENDED ACTION: No action needed. Aggie Leitheiser, Deb Brinkman, Eilseen Knisely, Dorothy Karlsen, and Debbie Blake from League of Women Voters will present information to Council on a project they are undertaking with the School District called "Kids Voting". POLICY CONSIDERATION: None at this time. SUMMARY: Kids Voting is a national effort to increase awareness of voting among students and help them build a lifetime habit of informed voting. Kids Voting St Louis Park is a member of Kids Voting USA, a nonprofit bipartisan community organization that prepares and motivates future voters with nationally acclaimed curriculum and hands on voting experience on Election Day. The mission of Kids Voting SLP is to foster an educated and engaged electorate by partnership of schools, families and community to enrich the civic education of St Louis Park students and to prepare them to be informed voters. Kids Voting believes that if kids experience civic involvement they will create a habit of informed voting that will last through their adult years. Kids Voting St Louis Park provides civics based classroom lessons and activities. Students learn about the right to vote, democracy, civic responsibility, and the importance of participation in the election process. 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: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: November 17, 2014 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA OCTOBER 20, 2014 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 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 Community Development (Mr. Locke), Police Chief (Mr. Luse), Director of Operations and Recreation (Ms. Walsh), City Clerk (Ms. Stroth), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Senior Planner (Mr. Walther), Operations Superintendent (Mr. Hanson), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donation Mayor Jacobs expressed thanks to Randy May for his $1,700 donation for the purchase of a metal bench in Elie Park honoring Virginia May. He also expressed thanks to Step One Foods for its $10,065 donation for the purchase of nutritional products and services to improve the health and wellness of firefighters. 3. Approval of Minutes 3a. Study Session Minutes September 22, 2014 The minutes were approved as presented. 3b. Joint City Council/School Board Meeting Minutes September 29, 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 November 17, 2014 (Item No. 3a) Page 2 Title: City Council Meeting Minutes of October 20, 2014 4a. Approve Second Reading and Adopt Ordinance No. 2455-14 establishing fees for 2015 as outlined in Appendix A of the City Code of Ordinances; and to approve the summary ordinance for publication. 4b. Moved to 8f. 4c. Moved to 8g. 4d. Adopt Resolution No. 14-121 approving acceptance of a $1,700 donation from Randy May for the purchase and installation of a metal bench in Elie Park honoring Virginia May. 4e. Adopt Resolution No. 14-122 approving a Wellness Incentive for benefit earning staff for 2015. 4f. Adopt Resolution No. 14-123 accepting a donation of $10,065 to the St. Louis Park Fire Department from Step One Foods for nutritional products and services to improve the health and wellness of firefighters. 4g. Adopt Resolution No. 14-124 authorizing final payment in the amount of $6,412.12 for the 2013 Random Concrete Repair Project with Thomas & Sons Construction, Inc. - Project Nos. 2013-0003, 0004, and 0006, City Contract No. 34-13. 4h. Adopt Resolution No. 14-125 authorizing installation of permit parking restrictions at 2940 Salem Avenue. 4i. Adopt Resolution No. 14-126 rescinding the paragraph documented within Resolution No. 3681 for the existing “No Parking 8 a.m. to 6 p.m. Monday thru Friday” on the east side of Princeton Avenue from W. 29th Street south to the east-west alley. 4j. Adopt Resolution No. 14-127 rescinding the paragraph documented within Resolution No. 87-104 for the existing No Parking Anytime along the entire length of Decatur Avenue including the cul-de-sac. It is requested that parking restrictions be modified to allow on-street parking along the east side of Phillips Parkway, previously Decatur Avenue, from the Service Road south of W. 36th Street south to the parking lot access north of the cul-de-sac. 4k. Adopt Resolution No. 14-128 to add Paid-On-Call Firefighters as eligible for the Employee Service Recognition and Departing Employee Recognition programs in the Personnel Manual. 4l. Approve for filing Environment and Sustainability Commission: Sustainable SLP Minutes of September 3, 2014 Mr. Harmening advised that agenda item 8b has been removed at the request of the applicant and will be placed on the November 3, 2014, City Council agenda. Councilmember Brausen requested that Consent Calendar items 4b and 4c be removed and placed on the Regular Agenda. It was moved by Councilmember Spano, seconded by Councilmember Hallfin, to approve the Agenda and items listed on the Consent Calendar as amended to remove agenda item 8b and to move Consent Calendar items 4b and 4c to the Regular Agenda as items 8f and 8g; and to waive reading of all resolutions and ordinances. The motion passed 7-0. City Council Meeting of November 17, 2014 (Item No. 3a) Page 3 Title: City Council Meeting Minutes of October 20, 2014 5. Boards and Commissions - None 6. Public Hearings 6a. Yami Yami On-Sale Wine and 3.2% Malt Liquor License Ms. Stroth presented the staff report and stated that J & R, Inc., dba Yami Yami, have requested an on-sale wine and 3.2% malt liquor license for their restaurant located at 4712 Excelsior Boulevard. She stated the restaurant is currently open and consists of approximately 2,300 square feet with seating for 60. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve application from J & R Inc., doing business as Yami Yami, for an On-Sale Wine and 3.2 Malt Liquor License located at 4712 Excelsior Boulevard, for a license term through March 1, 2015. The motion passed 7-0. 6b. Bonefish Grill – On Sale Intoxicating and Sunday Sale Liquor License Ms. Stroth presented the staff report and stated that Bonefish Grill owns and operates 194 restaurants and this will be the first location in Minnesota at 1607 West End Boulevard. She stated that daily operations will be managed by Herbert Schatteles and the restaurant plans to open on November 3, 2014. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve application from Bonefish Grill, LLC, dba Bonefish Grill, for an on-sale intoxicating and Sunday sale liquor license located at 1607 West End Boulevard with the license term through March 1, 2015. The motion passed 7-0. 6c. Assessment of Delinquent Accounts. Resolution No. 14-129. Mr. Heintz presented the staff report and advised the City sent a total of 1,810 delinquent account letters representing a total amount of $929,886, and as of the close of business today, delinquent accounts totaled $677,762. He stated the City will continue to take payments until 4:30 p.m. on October 31, 2014, and delinquent accounts will be assessed a $30 administrative fee and a $75 penalty on accounts being certified for the second consecutive year. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. City Council Meeting of November 17, 2014 (Item No. 3a) Page 4 Title: City Council Meeting Minutes of October 20, 2014 It was moved by Councilmember Sanger, seconded by Councilmember Lindberg, to adopt Resolution No. 14-129 Levying Assessment for Delinquent Utility Accounts, Tree Removal/Injection, False Alarm Fees and Other Miscellaneous Charges. The motion passed 7-0. 6d. Public Hearing and First Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corp. Mr. Heintz presented the staff report and explained that the City has imposed a franchise fee since 2004 and the proposed increase for 2015 is $0.75 per month for a total franchise fee of $3.25 per month for residential customers. He stated the CenterPoint Energy franchise fee will generate approximately $274,000 and all funds are placed in the Pavement Management Fund, which is funded entirely by franchise fees. Mayor Jacobs opened the public hearing. Mr. William Putnam, 3172 Hillsboro Avenue South, stated the utility companies are constantly raising their rates and he was concerned about the addition of another $0.75 per month. He requested more information about what the franchise fees are used for. Mr. Heintz explained that the City chose to fund its street improvement projects through franchise fees instead of imposing special assessments on property owners and the Pavement Management Program is funded entirely by these franchise fees. Mr. Harmening stated that some cities choose to impose special assessments, which can result in a large dollar amount being assessed to a property owner. He stated when the City rebuilds its streets, property owners are not special assessed and thus property owners do not face large special assessments for these improvements. Mayor Jacobs closed the public hearing. It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to approve First Reading of Ordinance Implementing a Gas Energy Franchise Fee on CenterPoint Energy Minnesota Gas (“CenterPoint Energy”) for Providing Gas Energy Service within the City of St. Louis Park, Minnesota, and to set Second Reading for November 3, 2014. The motion passed 7-0. 6e. Public Hearing and First Reading of an Ordinance Imposing a Franchise Fee on Northern States Power Company (d/b/a Xcel Energy) Mr. Heintz presented the staff report and explained that the proposed increase for 2015 is $0.75 per month for a total franchise fee of $3.25 per month for residential customers. He stated that the Xcel Energy franchise fee will generate approximately $420,000 and all funds are used to pay for the Pavement Management Program. City Council Meeting of November 17, 2014 (Item No. 3a) Page 5 Title: City Council Meeting Minutes of October 20, 2014 Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to approve First Reading of Ordinance Implementing an Electric Service Franchise Fee on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its Successors and Assigns, for Providing Electric Service within the City of St. Louis Park and to set Second Reading for November 3, 2014. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adoption of 2015 Utility Rates. Resolution No. 14-130. Mr. Heintz presented the staff report and advised that each year the City analyzes its utility rates in conjunction with the Capital Improvement Program and Long Range Financial Management Plan to ensure sustainability of the utility funds. He stated that the 2015 proposed utility rate increases result in a cumulative increase of 4.59% or approximately $3.73 per month for a typical residential customer. Mr. Harmening pointed out that the adjustments in the utility rates are primarily due to the City’s aggressive capital replacement plan that includes replacing water and sewer mains at the same time as street improvement projects. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 14-130 Setting Utility Rates. The motion passed 7-0. 8b. Conditional Use Permit for Grading, Motor Vehicle Sales, Services and Repair for New Kia Dealership This item was removed from the agenda and not considered by the City Council. 8c. Business Park Zoning Amendments Mr. Walther presented the staff report and explained that the amendments to the Business Park zoning district ordinance include changing both Light Assembly and Warehouse/Storage from Conditional Use Permit to “Permitted with Conditions,” which would not require a public hearing and would allow the use if all conditions of the ordinance are met. He stated the proposed amendment would also allow a higher percentage of buildings to be used for other uses such as restaurants, group day care, or studio type uses, and allows flexibility for property owners in these buildings. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve First Reading of Ordinance Amending the St. Louis Park City Code Relating to Zoning City Council Meeting of November 17, 2014 (Item No. 3a) Page 6 Title: City Council Meeting Minutes of October 20, 2014 Sections 36-232 and 36-233 Business Park District Regulations and to set Second Reading for November 3, 2014. Councilmember Brausen asked if this zoning district would allow a contractor’s yard. Mr. Walther replied this district would not allow a contractor’s yard, adding that the Business Park zoning district is intended to prohibit outdoor storage and is focused on office-type uses more in line with the City’s expectations as it relates to redevelopment around the light rail station areas. The motion passed 7-0. 8d. First Reading of Snow Removal Program Ordinance Mr. Luse presented the staff report and stated the proposed amendments include clarification regarding exempt parking zones intended to provide clarity and create efficiencies in operations and enforcement. He stated the program would also be amended to require parking permits to be displayed on back bumpers of vehicles to provide easier identification with parking enforcement during snow events. He stated the Ordinance would also be amended to provide for declaration of a snow emergency, which is common language used by other communities as it relates to declaring a snow emergency, adding that the City would retain the benchmark of 3” of snow when declaring a snow emergency. He advised that the City will continue to expand communications through social media as it relates to these enhancements to the snow removal program. Councilmember Sanger asked if it was correct that the City will continue to require that people get their cars off the street when three or more inches of snow has fallen. Mr. Luse replied that this was correct. Mr. Harmening encouraged residents to contact City Hall or visit the City’s website for information about how to sign up for ParkAlert, adding that residents can choose to be notified via email, text, or phone and can sign up more than one phone number. Councilmember Brausen encouraged residents to also sign up for the MyStLouisPark app. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve First Reading of Ordinance Relating to Snow Removal Parking Restrictions, Amending Section 30-158 of the St. Louis Park City Code and to set Second Reading for November 3, 2014. The motion passed 7-0. 8e. 2015 Employer Benefits Contribution. Resolution No. 14-131. Ms. Deno presented the staff report and explained that the City created an employee task force that mirrored enrollment in the City’s health insurance plan and included representation from all employee groups. She stated that in the past, the City has offered City Council Meeting of November 17, 2014 (Item No. 3a) Page 7 Title: City Council Meeting Minutes of October 20, 2014 the same employer contribution for any tier of medical insurance coverage and the task force recommended that the City provide more funding for families and move away from one amount for all employees with no reduction on the single employee plan. She stated the task force recommended that the City continue to fund employee only coverage for the full premium in the high deductible plan and to offer additional cash to purchase other benefits. She advised that if employees move into employee+ coverage, the employer contribution is set at 65% of the premium and 65% of the VEBA is covered, with copays set at 65% of the premium for employee+ plans. It was moved by Councilmember Lindberg, seconded by Councilmember Spano, to adopt Resolution No. 14-131 Establishing 2015 Employer Benefits Contribution. Councilmember Sanger disagreed with the recommendation that the City pay some employees extra compensation if they elect family coverage and stated that this change means some employees are going to receive more compensation than others for reasons that have nothing to do with their job. She felt this was inconsistent with the principle of equal pay for equal work requiring the City to provide equal compensation for employees doing the same work. She did not think this represented sound public policy and did not believe it was legal; as a result, she would be voting against the proposed changes. Councilmember Brausen felt it was important for the City to cover families and stated he did not want the City to find itself in a situation where it was losing employees because it was not offering a competitive benefits package. Councilmember Spano stated the City is competing for talent and needs to make sure it remains competitive with other communities and private employers. He asked the City Attorney if the proposed employer benefits contribution violated any laws. Mr. Scott stated that this issue has come up in past but he was not aware of any provision in the law that makes this illegal, adding it is strictly a policy issue. Councilmember Mavity noted that the cost to an employee to access family coverage is over $1,000 per month that they must pay themselves out of pocket. Councilmember Hallfin asked about the City’s cost to provide the additional employer contribution. Ms. Deno replied that the City has estimated the cost to provide the additional employer contribution to be approximately $350,000-$375,000 in addition to what the City has budgeted from last year. The motion passed 6-1 (Councilmember Sanger opposed). 8f. Approve a Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for a social event to be held November 1, 2014, during the hours of 3:00 to 11:00 p.m. in the parking lot at the American Legion City Council Meeting of November 17, 2014 (Item No. 3a) Page 8 Title: City Council Meeting Minutes of October 20, 2014 Councilmember Brausen stated he wished to make note of the American Legion’s flag retirement ceremony planned for Saturday, November 1st, at 3:00 p.m. He indicated that the event is open to the public and anyone who needs a flag retired can attend the event. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve a temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for a social event to be held November 1, 2014, during the hours of 3:00 to 11:00 p.m. in the parking lot at the American Legion. The motion passed 7-0. 8g. Approve Second Reading and Adopt Ordinance No. 2456-14 for addition of Section 6-71 Construction Management Plan to Chapter 6 of the City Code of Ordinances effective November 15, 2014, and approve summary ordinance for publication on October 31, 2014 Councilmember Brausen requested that residents note that the City is adopting an Ordinance requiring a Construction Management Plan for demolition, new construction, and major additions and represents an effort by the City to provide neighbors with information about what is happening at a property by creating a formal process for notification of residents. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve Second Reading and Adopt Ordinance No. 2456-14 relating to Construction Management of Demolition, New Construction and Additions to Single and Two Family Dwellings Amending Chapter 6 of the St. Louis Park City Code of Ordinances. Councilmember Spano requested that staff prepare a template document to be distributed to contractors and homeowners outlining the minimum requirements of what must be included in the Construction Management Plan. Councilmember Lindberg pointed out that the neighborhood meeting is intended to provide general information about a construction project and is not intended to allow input or comment on the design of a particular project. The motion passed 7-0. 9. Communications Mayor Jacobs reminded residents about the Pumpkin Carving event on Friday, October 24th, at Wolfe Park from 12:30-5:30 p.m. Councilmember Spano reminded residents that November 13th is Give to the Max Day and encouraged residents to donate. Mayor Jacobs reminded residents that Election Day is November 4th and residents may contact the City Clerk or League of Women Voters with any questions. City Council Meeting of November 17, 2014 (Item No. 3a) Page 9 Title: City Council Meeting Minutes of October 20, 2014 Councilmember Lindberg advised that the Texa Tonka neighborhood is holding a neighborhood organizing meeting on Thursday, November 13th, at 7:00 p.m. at the Louisiana Court community meeting room. Councilmember Sanger advised that the League of Women Voters is hosting a legislative candidate forum on Wednesday, October 22nd, at 7:00 p.m. in the Council Chambers. Councilmember Mavity reported that on Thursday, October 23rd, several of the City’s firefighters would be honored at the Hennepin County Sheriff’s annual tribute for their exemplary work in November 2013 following the incident in the pond near Highway 7. She stated the event would take place at 6:30 p.m. at Plymouth Creek Center. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:34 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: November 17, 2014 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 3, 2014 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavit y, Susan Sanger, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Operations and Recreation (Ms. Walsh), Controller (Mr. Swanson), Senior Planner (Mr. Walther), Operations Superintendent (Mr. Hanson), Utilities Superintendent (Mr. Hall), Public Works Services Manager (Mr. Merkley), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donation Mayor Jacobs expressed thanks to the Golden Kiwanis for its $50 donation and to Leslie Marcus for the $100 donation, both to be used for Westwood Hills Nature Center programs. 3. Approval of Minutes 3a. Special Study Session Meeting Minutes October 6, 2014 The minutes were approved as presented. 3b. City Council Meeting Minutes October 6, 2014 Councilmember Sanger requested the addition of a paragraph after the first full paragraph on page 8 that states “Councilmember Sanger stated that in the future the City needs to do a better job of identifying environmental hazards or poor soil conditions at the beginning of a project rather than being hit with surprise charges later on.” The minutes were approved as amended. 3c. Study Session Meeting Minutes October 13, 2014 The minutes were approved as presented. City Council Meeting of November 17, 2014 (Item No. 3a) Page 2 Title: City Council Meeting Minutes of November 3, 2014 3d. Closed Executive Session Meeting October 20, 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. 4a. Adopt Resolution No. 14-132 to disburse remaining Westwood Villa HIA Project Fund Balance of $139,749.56 to the Westwood Villa Association’s replacement reserve fund. 4b. Approve second reading and Adopt Ordinance No. 2457-14 amending the Business Park zoning district regulations, and authorize summary publication. 4c. Approve second reading and Adopt Ordinance No. 2458-14 imposing a franchise fee on CenterPoint Energy Resources Corp and authorize publication. 4d. Approve second reading and Adopt Ordinance No. 2459-14 imposing a franchise fee on Northern States Power Company and authorize publication in full. 4e. • Approve second reading and Adopt Ordinance No. 2460-14 amending the St. Louis Park Code of Ordinances Section 30-158 relating to the Snow Removal Program and authorize publication. • Adopt Resolution No. 14-133, Resolution No. 14-134, and Resolution No. 14-135 relating to the City’s Snow Removal Program. 4f. Adopt Resolution No. 14-136 authorizing special assessments for the replacements of various water service lines. 4g. Adopt Resolution No. 14-137 approving the cooperative agreement with the Minnehaha Creek Watershed District (MCWD) for the construction of a stormwater diversion pipe along Powell Road. 4h. Adopt Resolution No. 14-138 and authorize the Mayor and City Manager to execute the Hennepin County Chiefs of Police Mutual Aid Pact agreement. 4i. Adopt Resolution No. 14-139 approving acceptance of monetary donations from Golden Kiwanis in the amount of $50 and from Leslie Marcus in the amount of $100 for Westwood Hills Nature Center programs. 4j. Adopt Resolution No. 14-140, Resolution No. 14-141, and Resolution No. 14-142 authorizing the submission of grant applications to Hennepin County Environmental Services for an Environmental Response Fund Grant, to the Department of Employment and Economic Development (DEED) for Contamination Cleanup Grant, and to the Metropolitan Council for the LCA Livable Communities Demonstration Account and Tax Base Revitalization Account Transit Oriented Development Fund. 4k. Adopt Resolution No. 14-143 authorizing installation of restricted parking - loading zone on Excelsior Boulevard, west of Meridian Lane. 4l. Adopt Resolution No. 14-144 rescinding the installation of restricted parking - loading zone on Webster Avenue, just north of 36th Street. City Council Meeting of November 17, 2014 (Item No. 3a) Page 3 Title: City Council Meeting Minutes of November 3, 2014 4m. Accept for filing City Disbursement Claims for the period of September 27 through October 24, 2014. 4n. Approve for filing Telecommunications Commission Minutes of June 25, 2014. 4o. Approve for filing Planning Commission minutes of August 6, 2014. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Consolidated Public Hearing (1) 2015 Budget & Property Owner Service Charges for Special Service District No. 1. Resolution No. 14-145. (2) 2015 Budget & Property Owner Service Charges for Special Service District No. 2. Resolution No. 14-146. (3) 2015 Budget & Property Owner Service Charges for Special Service District No. 3. Resolution No. 14-147. (4) 2015 Budget & Property Owner Service Charges for Special Service District No. 4. Resolution No. 14-148. (5) 2015 Budget & Property Owner Service Charges for Special Service District No. 5. Resolution No. 14-149. (6) 2015 Budget & Property Owner Service Charges for Special Service District No. 6. Resolution No. 14-150. Mr. Merkley presented the staff report and proposed 2015 budgets and service charges for the City’s six Special Service Districts. He explained that the City sent letters to all property owners in the Special Service Districts notifying them of the September 3, 2014, meeting where the City presented the proposed budgets, service charges, and voting forms; in addition, the City reviewed the services being provided and proposed maintenance planned during 2015. He stated that the 2015 budget and service charges for Special Service District No. 1, 3, 4, 5, and 6 are the same as 2014. He stated that the 2015 budget for Special Service District No. 2 has increased by 2% and the service charges have increased by approximately 9%, adding that the reason for the increase relates to maintenance primarily on the decorative bus shelters. He advised that property owners in Special Service District Nos. 1, 3, 4, 5, and 6 all voted in favor of the proposed budgets and service charges and there was support by all but two property owners in Special Service District No. 2, who voted against the proposed budget and service charges and requested information about how costs were calculated. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. City Council Meeting of November 17, 2014 (Item No. 3a) Page 4 Title: City Council Meeting Minutes of November 3, 2014 It was moved by Councilmember Spano, seconded by Councilmember Mavity, to adopt Resolution No. 14-145 approving 2015 Budget and Service Charges for Special Service District No. 1; Resolution No. 14-146 approving 2015 Budget and Service Charges for Special Service District No. 2; Resolution No. 14-147 approving 2015 Budget and Service Charges for Special Service District No. 3; Resolution No. 14-148 approving 2015 Budget and Service Charges for Special Service District No. 4; Resolution No. 14- 149 approving 2015 Budget and Service Charges for Special Service District No. 5; and Resolution No. 14-150 approving 2015 Budget and Service Charges for Special Service District No. 6. The motion passed 7-0. 6b. Groves Academy – Private Activity Revenue Bonds Host Approval Resolution. Resolution No. 14-151. Mr. Swanson presented the staff report and explained that in June 2010, the City issued Educational Facilities Revenue Bonds on behalf of Groves Academy in the amount of $4.6 million and Groves Academy is now seeking to refund the bonds and issue an additional amount to finance capital items at the school. He stated these bonds are part of a negotiated sale with Wells Fargo and need to be bank qualified; as a result, the City must not issue more than $10 million of debt in a calendar year and since the City is proposing to issue $10 million in bonds for Connect the Park!, Groves Academy must look to a qualified city to issue the bonds and the City of Mayer is willing to act as the issuer for these bonds. He added the City must provide its host approval to the project and consent to the redemption and prepayment of the bonds. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Spano requested confirmation that the host approval does not obligate the City to this debt. Mr. Swanson stated that this was correct and the City has no responsibility for the repayment of the debt. Councilmember Sanger asked if Groves Academy plans to make any exterior changes to the property. A representative from Wells Fargo Bank, representing Groves Academy, stated that the new money will be used to make internal changes to the school and no exterior changes are planned at this time. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to adopt Resolution No. 14-151 Giving Host Approval to the Issuance of Educational Facility Revenue Bonds under Minnesota Statutes, Sections 469.152 through 469.1655 (Groves Academy Project). The motion passed 7-0. City Council Meeting of November 17, 2014 (Item No. 3a) Page 5 Title: City Council Meeting Minutes of November 3, 2014 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Authorize Pre-Sale of 2014 G.O. Bonds for Sidewalks, Trails and Utilities. Resolution No. 14-152. Mr. Swanson presented the staff report and explained that the City proposes to issue bonds for the first phase of Connect the Park! and for the Water and Storm Sewer funds in order to finance all or a portion of planned projects over the next two years. He advised that G.O. Charter Bonds will be issued for Connect the Park! in an amount not to exceed approximately $5.2 million and G.O. Revenue Bonds will be issued to finance the capital projects within the Water and Storm Water funds in an amount not to exceed approximately $4.8 million. He explained that Council is asked to approve $10 million at one time because it provides a larger bond issue thus attracting more investors and a lower rate. He stated the G.O. Charter Bonds debt service will begin in 2017 in the amount of approximately $600,000-$625,000 per year via tax levy and this has already been factored into the Truth in Taxation statements. He stated the Utility Bonds debt service is approximately $550,000-$575,000 and will be paid from utility rates that have been built into the Long Range Financial Management Plan and utility rates adopted by Council on October 20, 2014. Mr. Harmening pointed out that the issuance of this debt will be paid with the property tax levy and the City does not need to increase the property tax levy to pay back the debt, adding that several years ago, the City Council began creating levy capacity for capital improvements anticipated in the future so the City has the capacity to repay these bonds. He stated that property taxes are not going up next year to repay this debt. Councilmember Sanger requested comment on the City’s low use of bonds relative to other cities. Mr. Swanson stated that compared to other cities, St. Louis Park has low outstanding debt and its legal debt margin, which is based on the overall valuation in the community, is $140-150 million. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to adopt Resolution No. 14-152 Providing for the Sale of $10,000,000 General Obligation Bonds, Series 2014A. The motion passed 7-0. 8b. Ownership of Residential Water Service Lines Mr. Hanson presented the staff report and explained that St. Louis Park homeowners currently own their water service lines from the house all the way to the water main connection while in most other cities, the homeowner owns the line from the house to the curb stop and the city owns the line from the curb stop to the connection to the main and any breaks to that section are covered by the city. He advised that the City is proposing City Council Meeting of November 17, 2014 (Item No. 3a) Page 6 Title: City Council Meeting Minutes of November 3, 2014 to accept ownership of the service line from the curb stop to the main and accepting the financial burden of any repairs to that portion of the line. He added that the cost of this program could be absorbed for the next two years with no increase in utility rates. It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to approve First Reading of Ordinance Relating to the Cost of Repair and Replacement of Water Service Lines, Amending Chapter 32 of the St. Louis Park City Code, and to set Second Reading for November 17, 2014. Councilmember Brausen stated this program will spread the cost of repairs among the entire community rather than having individual homeowners bear the cost of repairs to the City’s aging infrastructure. Councilmember Spano noted the City also has a service line warranty program offered through a private entity. Mr. Hanson explained that Service Line Warranties of America offers insurance to property owners for their water and sewer lines. He advised that Service Line Warranties of America is aware of the pending change in policy related to ownership of the service lines and the company has offered to reduce its insurance rates from $7 per month to $5.25 monthly or $58 annually if paying in full. He noted that the insurance is available for both water and sewer lines and homeowners can choose coverage for one or the other or both. He indicated that the planned start date of the ownership change is January 1, 2015, and the service line insurance rates will also change January 1st. The motion passed 7-0. 9. Communications Mayor Jacobs reminded residents that tomorrow is Election Day and encouraged everyone to vote. He stated the polls are open from 7:00 a.m. to 8:00 p.m. and residents may contact the City Clerk or the League of Women Voters with questions. Councilmember Spano stated that the League of Women Voters website is a great resource for voters; in addition, the Minnesota Secretary of State website has a poll finder and is another great resource. Councilmember Lindberg stated the Texa Tonka neighborhood is holding a neighborhood-organizing meeting on Thursday, November 13th, at the Louisiana Court community room and encouraged everyone in the Texa Tonka neighborhood to attend. 10. Adjournment Mayor Jacobs adjourned the meeting at 7:59 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Worker’s Compensation Insurance Renewal RECOMMENDED ACTION: Motion to Adopt Resolution authorizing Worker’s Compensation insurance renewal effective December 1, 2014 and ongoing. POLICY CONSIDERATION: Does Council wish to approve continuing worker’s compensation insurance through the League of MN Cities Insurance Trust (LMCIT) on an ongoing basis? SUMMARY: From 1993 to 2003, the City was self-insured and used Sedgwick Claims Management to administer our claims. Claim administration of the old self-insured claims was transferred to LMCIT in 2014. These funds are included in the 2015 budget. Beginning December 1 2003, Council approved participation with LMCIT for fully insured Worker’s Compensation coverage. LMCIT has provided us with the following renewal quote for the new contract year: Current Renewal Change 12/1/13 – 11/30/14 12/1/14 – 11/30/15 $417,935 $452,537 +8.3% The premium is based on estimated payroll and our experience modification factor (review of claims activity) of .74. An experience factor above 1.0 indicates we need to pay more due to previous years of high claim activity. Our 2015 experience modification factor is based on claims from 2010, 2011, and 2012. This shows we had a low number of claims in those years. Staff also recommends continuing to use LMCIT to provide worker’s compensation coverage for our volunteers at an annual cost of approximately $2,000. Approval of this resolution will authorize staff to continue to work with LMCIT in subsequent years to secure worker’s compensation coverage for all eligible staff. FINANCIAL OR BUDGET CONSIDERATION: Funds for fully-insured worker’s compensation coverage are included in the 2015 budget and are charged back to departments. Funds for administration of old self-insured claims are also included in the 2015 budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Timpone, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4a) Page 2 Title: Worker’s Compensation Insurance Renewal RESOLUTION NO. 14-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, APPROVING CONTINUED PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) WORKER’S COMPENSATION PROGRAM WHEREAS, the City Council wishes to adopt Worker’s Compensation coverage and programs to limit liability to the City of St. Louis Park; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota hereby approves continued coverage with the League of MN Cities Insurance Trust for Worker’s Compensation coverage effective December 1, 2014 and going forward in subsequent years. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Congestion Mitigation Air Quality (CMAQ) Grant Application RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the submission of a Congestion Mitigation Air Quality (CMAQ) grant application to the Federal Transit Administration to partially fund a structured parking ramp at the SWLRT Beltline Station. POLICY CONSIDERATION: Does the Council support the submission of a grant application to the Federal Transit Administration to fund the majority of a structured park-and-ride ramp at the SWLRT Beltline Station? SUMMARY: The Federal Transit Administration has made funding available through its Congestion Mitigation and Air Quality (CMAQ) program for locally-initiated projects that meet regional transportation needs. This funding can be used for roadway expansions, reconstruction or bridge projects, bicycle and pedestrian facilities and transit service projects such as a park- and-ride. Staff proposes applying for a CMAQ grant to address the majority of the cost associated with converting the proposed surface park-and-ride lot at the SWLRT Beltline Station into a 541- space structured parking ramp, thus freeing up approximately 4 acres for a mixed-use, transit oriented development (TOD). The anticipated TOD would be designed in concert with the park- and-ride consistent with the TSAAP vision for the station area which includes creating a vibrant and connected community hub for jobs, housing and recreation. It is anticipated that an additional 200 structured parking stalls will be needed as part of the “District” parking associated with the TOD. Funding for this additional parking would come from the TOD project(s). Grant applications are due December 1st and require a resolution of support from the governing body of the city where the project is located. Grant awards will be announced in June. FINANCIAL OR BUDGET CONSIDERATION: The cost of the structured park-and-ride is estimated at $8,696,376 (not including TOD District parking). The CMAQ grant request is for the maximum amount of $7 million. A 20% local match of approximately $1.75 million is required. It is anticipated that the matching funds could derive from a combination of redeveloper funds (associated with the TOD) and tax increment financing. VISION CONSIDERATION: • St. Louis Park is committed to being a connected and engaged community. • St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Resolution Prepared by: Julie Grove, Planning & Economic Development Assistant Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4b) Page 2 Title: Congestion Mitigation Air Quality (CMAQ) Grant Application RESOLUTION NO. 14-____ RESOLUTION IN SUPPORT OF CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM (CMAQ) FUNDING FOR SWLRT BELTLINE STATION PARK-AND-RIDE WHEREAS, the City of St. Louis Park has long realized the need to improve the connectivity at the Southeast corner of Beltline Blvd and CSAH 25; and WHEREAS, the City of St. Louis Park has envisioned significant mixed-use, transit oriented development at the southeast quadrant of CSAH 25 and Beltline Boulevard; and WHEREAS, the Southwest Light Rail Transit (Green Line Extension) project will extend the Green Line from downtown Minneapolis through the communities of St. Louis Park, Hopkins, Minnetonka and Eden Prairie; and WHEREAS, the plan for the Southwest Light Rail Transit (SWLRT) Beltline Station’s proximity to Highway 100 provides an opportunity to attract LRT riders to the Beltline area; and WHEREAS, the Beltline Station offers an attractive transportation option for St. Louis Park residents while promoting increased LRT ridership; and WHEREAS, the proposed structured park-and-ride ramp will be wrapped with private development that will meet the City’s development vision of the Beltline Station; and WHEREAS, a grant of $7 million in 2017 federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds would provide the necessary funds to implement this vision by opening day. NOW, THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City of St. Louis Park: 1. Supports the request to the Transportation Advisory Board (TAB) for 2017 Congestion Mitigation and Air Quality Improvement Program federal funding to construct a 541- space park-and-ride structure at the Southwest LRT Beltline Station; and 2. Commits to providing the $1.75 million local match that is required as part of the approval of the grant funds. Reviewed for Administration Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program RECOMMENDED ACTION: Motion to Adopt Resolution approving the Joint Powers Agreement between the Port Authority of the City of Saint Paul and the City of St. Louis Park to implement the Minnesota Property Assessed Clean Energy Program (PACE of MN) in St. Louis Park. POLICY CONSIDERATION: Does the City Council wish to provide a mechanism for St Louis Park building owners to finance energy efficiency and conservation improvements on their property? SUMMARY: The Saint Paul Port Authority (SPPA) has established the Property Assessed Clean Energy Program (PACE of MN) to finance the acquisition, construction or installation of energy efficiency and conservation improvements on properties located throughout the State of Minnesota through the use of special assessments. To enable St. Louis Park building owners to access the PACE of MN Program, it is proposed that the City enter into a Joint Powers Agreement (JPA) with the Saint Paul Port Authority. Under the proposed JPA, the Port Authority agrees to provide financing for qualified improvements within the city and to implement and administer the PACE of MN program on behalf of the City. The City agrees to levy voluntary special assessments on qualified properties in connection with the program and transfer all such collections to the SPPA. The City Attorney has reviewed the proposed JPA and recommends its approval. The Council was provided a background report on this program for its October 27th Study Session. FINANCIAL OR BUDGET CONSIDERATION: Any out of pocket costs for the City would be very limited. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. SUPPORTING DOCUMENTS: Discussion Resolution Joint Powers Agreement Prepared by: Julie Grove, Planning and Economic Development Assistant Reviewed by: Greg Hunt, Economic Development Coordinator Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4c) Page 2 Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program DISCUSSION What is PACE? Property Assessed Clean Energy (PACE) is a financing program that allows property owners to borrow money to pay for solar and energy efficient improvements to their buildings. PACE financing allows building owners to pay for these energy projects through a voluntary special assessment on their property tax bill. Examples of the types of improvements covered under PACE include: lighting retrofits and HVAC system upgrades, solar or geothermal renewable energy systems, and electric vehicle charging infrastructure. Background In the United States approximately 39% of the energy use and carbon emissions come from buildings. A variety of market barriers exist that discourage making buildings more climate- friendly. One of the barriers that many energy efficiency improvement projects have faced is the large upfront capital costs required to develop the project. The PACE program was authorized by the legislature in 2008 to address the barriers of retrofitting buildings to be more energy efficient and to finance renewable energy and energy efficiency projects. Since 2008, 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE financing programs. PACE MN-St. Paul Port Authority In 2010, legislation was passed in Minnesota allowing local governments to offer PACE programs, impose special assessments for energy improvements and to designate another authority to administer the program. Subsequent legislation allowed the time period on financing terms to be 20 years, increased the limits of a loan from 10% to 20% of the property’s assessed value, and allowed the financing to be from bonds and other alternative funding sources. Recently, the State Department of Commerce approached the St. Paul Port Authority (SPPA) and requested that it create a program that could make PACE financing easily accessible state-wide. Accordingly, the SPPA set aside up to $10 million from its Trillion BTU program to finance PACE projects throughout Minnesota. Cities, counties and townships that enter into a Joint Powers Agreement (JPA) with SPPA would then be able to offer PACE MN financing to the businesses, multifamily (4+ units) and non-profit property owners within their communities. Per the JPA, the SPPA would then administer the PACE program on behalf of the participating jurisdiction. The SPPA will review loan applications, credit histories, energy and financial audits, technical details of the proposals and ensure the project is complete. Once a financing agreement is reached with the SPPA, the building owner would apply to the city/county in which the property is located to have a special assessment placed on their property. The governmental entity would then be asked to adopt a resolution imposing the voluntary special assessment on the applicable property. The voluntary special assessment would then be added to the usual property tax bill for the property. The city/county would only be responsible for the collection of the special assessment and transmission of the funds back to the SPPA to repay the loan. Project financing would come directly from the SPPA. The city/county has no liability for the repayment. The SPPA’s fee for the program is blended into the interest rate for the loan. The SPPA presently has agreements with Becker, Wright and Sherburne Counties as well as the cities of Cottage Grove, Eagan, Eden Prairie, Minnetonka, Minneapolis, Oakdale, St. Paul, Stillwater and Woodbury. It is currently working with several other communities including Hopkins and Edina to adopt the program. City Council Meeting of November 17, 2014 (Item No. 4c) Page 3 Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Why the St. Paul Port Authority? Energy efficiency and renewable energy is important to the Port Authority and its customers. It began with the success of the Trillion BTU Energy Efficiency improvement program which is a statewide energy financing program similar to PACE MN that provides short term loans to fund energy retrofits in large buildings for things such as heating and lighting. Having the knowledge and wherewithal to run this type of program, the St. Paul Port Authority was approached by the State Department of Commerce to implement the PACE program and make funding available anywhere in the state. Benefits and Risks to offering PACE The benefits of offering PACE financing include: 1. PACE helps building owners make energy efficient improvements and solar upgrades in their properties and thereby reduce their monthly utility bills. Many building owners lack capital to do energy improvements, especially for renewable energy projects. PACE has the ability to provide upfront, long-term financing at a fixed interest rate for the term of the loan. There is also a possibility that the special assessment will not be required to be on the owner’s balance sheet as a debt. Projects may also be tax deductible on a case by case basis. Property owners will need to check with their tax advisors. 2. Owners often need tenants to share in the costs of energy upgrades. As the energy improvement loan is repaid through the property tax bill, the energy savings as well as the PACE property assessment can be passed along to tenants through a typical lease. 3. Owners may want to sell the building before a PACE loan if fully repaid. The PACE obligation is attached to the property and therefore may transfer to the new owner. In other instances, the loan may be paid off as a negotiated part of the sale. 4. To ensure the energy improvements yield an adequate return on investment the PACE program requires project to be cash flow positive. Financing is structured so that energy savings more than offset the additional property tax assessment. 5. As a participant in the GreenStep Cities program, establishing a PACE program in St. Louis Park would allow the city to complete best practice action 26.3: Create/participate in a renewable energy financing program for commercial property owners to install generation capacity/energy efficiency equipment. There is minimal risk to the City in offering a PACE program. The SPPA provides the loan directly to building owners and administers the program on behalf of the City. The City’s responsibilities are limited to instituting a special assessment and collecting it just as it does with other special assessments. The City Attorney has reviewed the proposed JPA with the SPPA and recommends its approval. Local Interest in PACE Over the past several years, various property owners and renewable energy consultants have expressed interest in PACE financing for solar upgrades to their buildings in St. Louis Park. As a result, Staff has been investigating how to make PACE financing available to building owners in St. Louis Park in a manner that is both cost-effective and efficient to administer. Entering into a JPA with the SPPA to offer PACE financing on behalf of the City achieves both of these objectives. In October, the proposed PACE program was presented to the Environmental and Sustainability Commission which subsequently provided its endorsement. City Council Meeting of November 17, 2014 (Item No. 4c) Page 4 Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program RESOLUTION NO. 14-____ RESOLUTION DESIGNATING THE PORT AUTHORITY TO IMPLEMENT AND ADMINISTER A PROJECT ASSESSED CLEAN ENERGY IMPROVEMENT FINANCING ON BEHALF OF THE CITY, AND PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AS NEEDED IN CONNECTION WITH THAT PROGRAM WHEREAS, The Port Authority of the City of Saint Paul (the “Port Authority”) has established the Property Assessed Clean Energy Program (“PACE OF MN”) to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the “Improvements”), on properties located throughout the State of Minnesota through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429 (the “Act”). WHEREAS, the Act authorizes the City to designate an authority other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the Port Authority has created a program under the Act knows as the Property Assessed Clean Energy Program (“MN PACE”) for purposes of implementing and administering the activities described in the Act, and the Port Authority as the implement and administer that program on behalf of the City; and WHEREAS, the City and the Port Authority desire to enter into a written Joint Powers Agreement pursuant to Minnesota Statues section 471.59 subd. 1, whereby the City will designate the Port Authority as the implementing entity to implement and administer the MN PACE program on behalf of the City to finance the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the execution of the Joint Powers Agreement by and between the City and the Port Authority is hereby approved and that the Port Authority is hereby designated as the implementing entity to implement and administer the MN PACE program on behalf of the City. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk 9840817v6 Port Authority of the City of Saint Paul Property Assessed Clean Energy Program (PACE OF MN) JOINT POWERS AGREEMENT Saint Paul Port Authority 850 Lawson Commons 380 St. Peter Street Saint Paul, MN 55102 (651) 224-5686 (651) 223-5198 (fax) www.sppa.com Revised 10/30/2014 City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 5 9840817v6 JOINT POWERS AGREEMENT This Agreement, made and entered into as of the _____ day of _____________, 2014, by and between the Port Authority of the City of Saint Paul (the “Port Authority”), a body corporate and politic, and the City of St. Louis Park, Minnesota, a municipal corporation (the “City”), provides as follows: WHEREAS, the Port Authority has been engaged in governmental programs for providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the “State”) by making loans evidenced by various financing leases and loan agreements, and in the process of operating these programs the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 (collectively the “Act”) authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the “Cost Effective Energy Improvements” as defined in the Act or “Improvements”) on Qualifying Real Properties” as defined in the Act (the “Properties” or “Property”) located within the boundaries of the City through the use of special assessments; and WHEREAS, the Act authorizes the City to designate a local government unit other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the City has one or more projects within the boundaries of the City that have Improvements in need of financing, and has adopted its Resolution No. _______ (a copy of which is attached hereto as Exhibit A) to designate the Port Authority to implement and administer a program on behalf of the City to finance such Improvements; and WHEREAS, the Port Authority has created a program under the Act known as the Property Assessed Clean Energy Program (“PACE OF MN”) for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City as requested herein; and WHEREAS, the City has expressed a desire to make energy improvement financing programs of the kind managed by the Port Authority available for improvements of eligible properties within its boundaries, including but not limited to the Energy Savings Partnership, Trillion BTU (within the portion of the City served by Xcel Energy) and PACE OF MN, and a joint powers agreement is required between the City and the Port Authority for PACE OF MN; and WHEREAS, the Improvements will serve citizens of the City of Saint Paul and the City of St. Louis Park, as well as Ramsey and Hennepin Counties and the State of Minnesota. City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 6 Joint Powers Agreement 3 NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 1. The Port Authority will exercise the powers of the Act on behalf of the City by utilizing to provide financing for Improvements located within the boundaries of the City. Except as otherwise provided in this Joint Powers Agreement, the Port Authority shall be solely responsible for the implementation and administration of PACE OF MN and the financing of the Improvements. 2. In connection with its implementation and administration of PACE OF MN, and its financing of the Improvements located within the boundaries of the City, it is anticipated that the Port Authority will enter into various agreements with persons wishing to obtain financing for Improvements located within the boundaries of the City as well as with sources of financing for such Improvements (collectively the “Program Documents”). 3. The Port Authority may and is permitted to charge fees for its implementation and administration of PACE OF MN, which fee will be described in, and payable under, the Program Documents. 4. The Port Authority will have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Program Documents. This power specifically includes the responsibility for monitoring and enforcing compliance with the provisions of the Program Documents. 5. Either the Port Authority or a lending institution (the “Lender”) will use its own financial resources to finance the Improvements (the “Loan”), or a taxable special assessment revenue bond(s) (the “Bond(s)”) issued by the Port Authority in favor of the Lender will be used to finance the Improvements. Regardless of the financing mechanism, the Lender will advance funds under the Program Documents to be paid from levied special assessments. 6. The Loan(s) or Bond(s) must be a special/limited obligation of the Port Authority, payable solely from special assessments levied by the City as provided herein. The Loan(s) or Bond(s) and interest thereon must neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge or loan of credit of the Port Authority, the City, the City of Saint Paul or the State of Minnesota, within the meaning of any constitutional or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Loan(s) or Bond(s), from special assessment payments actually paid to the Port Authority by the City. This indemnity must not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project, or by virtue of the failure of the City to levy and collect special assessments with respect to the Improvements or promptly remit such special assessment payments to the Port Authority as provided in the Program Documents. 7. As and for its contribution to the financing of the Improvements, and as provided in the Act, the City must impose and collect special assessments necessary to pay debt service on City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 7 Joint Powers Agreement 4 that portion of the Loan(s) or Bond(s) attributable to the Improvements located within the boundaries of the City. Evidence that the City has imposed such special assessments is a precondition to the Port Authority’s obligation to provide financing to any Improvements located within the boundaries of the City in accordance with the following process: A. The Port shall provide to City an application from an Applicant under the Program which includes the following documentation: 1) A copy of the Application containing the legal name of the Applicant, its legal status, its legal address, a description of the Project, the cost of the Improvements, the total amount to be assessed against the Property and the address, legal description and tax identification code for the Property upon which the Improvements are to be constructed or installed. 2) A statement from the Port that the proposed Project as described in the Application qualifies under the requirements of the Act and the Port Authority. 3) A fully-executed copy of the Applicant’s Petition and Assessment Agreement suitable for evidencing, and recording if necessary, Applicant’s agreement to be assessed for the amount of the Improvements. B. Upon receipt of the documentation described in Subparagraph A above, City agrees that it will levy an assessment against the Property for the amount to be assessed as set forth in Section 7.A. above. C. Evidence that the City has imposed such special assessments is a precondition to the Port Authority’s obligation to provide financing to any Improvements located within the boundaries of the City. D. In the event that, after the City levies an assessment against the Property for the costs of the Improvements and related costs as provided for in Subparagraph B above, the Port does not fund the cost of the Improvements as contemplated by this Agreement, the Port shall promptly notify City that it has not and will not fund the costs of the Improvements under the Program and City shall thereafter the Hennepin County Auditor to remove the subject assessment from the Property. 8. Once the City has imposed special assessments to finance Improvements located within the boundaries of the City, the City transfer all collections of the assessments received by it upon receipt to the Port Authority for application to the payment of the applicable Loan(s) or Bond(s). The City will take all actions permitted by law for the recovery of the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. The City acknowledges that the Lender is a third-party beneficiary of the City’s covenants herein with respect to the imposition and transfer of special assessments described herein. 9. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement will terminate upon a 30-day’s advanced written termination notice to the City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 8 Joint Powers Agreement 5 other Joint Powers Agreement partner or upon the retirement or defeasance of all Loan(s) or Bond(s), whichever is later; and notwithstanding any other provisions, this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. The Port Authority or the City may not amend this Agreement, however, if the effect of the amendment would impair the rights of the holder of the Loan(s) or Bond(s), unless the holder has consented to the amendment. 11. This Agreement may be executed in any number of counterparts, each of which when taken together will constitute a single agreement. [Remainder of page intentionally left blank] City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 9 S – 1 Joint Powers Agreement IN WITNESS WHEREOF, the Port Authority and the City have caused this Agreement to be executed on their behalf, by their duly authorized officers, as of the day and year first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By: Its: President By: Its: Chief Financial Officer CITY OF ST. LOUIS PARK, MINNESOTA By: Its: By: Its: City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 10 A-1 9840817v6 EXHIBIT A Extract of Minutes of Meeting of the City Council of the City of St. Louis Park, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of St. Louis Park (the “City”), was duly held at the City Hall in the City, on ________, ______, 20____, at _________________P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the designation of the Port Authority of the City of Saint Paul to implement and administer a program under Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 on behalf of the City. Member ____________________ introduced the following resolution and moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. _______ RESOLUTION DESIGNATING THE PORT AUTHORITY TO IMPLEMENT AND ADMINISTER A PROJECT ASSESSED CLEAN ENERGY IMPROVEMENT FINANCING ON BEHALF OF THE CITY, AND PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AS NEEDED IN CONNECTION WITH THAT PROGRAM BE IT RESOLVED by the City Council of the City of St. Louis Park (the “City”), as follows: 1. The Port Authority of the City of Saint Paul (the “Port Authority”) has established the Property Assessed Clean Energy Program (“PACE OF MN”) to finance the acquisition and construction or installation of energy efficiency and conservation improvements City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 11 A-2 9840817v6 (the “Improvements”), on properties located throughout the State of Minnesota through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 (the “Act”). 2. The City has received and approved one or more applications and petitions for Special Assessments from owners of property located in the City desiring to participate in and receive financing pursuant to the Act. 3. In order to finance the Improvements, the City hereby determines that it is beneficial to participate in PACE OF MN, and to designate the Port Authority as the implementor and administrator of that program on behalf of the City for purposes of financing Improvements located within the City. 4. The City understands that the Port Authority may obtain funding from designated lending institutions or may issue its PACE OF MN special assessment revenue bond(s) to finance the Improvements, and that the sole security for the loan(s) or bond(s) will be special assessments imposed by the other cities participating in PACE OF MN. 5. To facilitate and encourage the financing of Improvements located within the City, the City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with the Application and Petition for Special Assessments received from the owner(s) of the Property and approved by the Port Authority. The interest rate on the Special Assessments shall be the interest rate on the Loan(s) or Bond(s), and may include additional interest. 6. After imposition of the special assessments, the City shall collect such assessments and remit them to the Port Authority for use in the repayment of the Loan(s) or Bond(s). The City will take all actions permitted by law to recover the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. 7. The Mayor and City Clerk are authorized to execute on behalf of the City, any documents, certificates or agreements necessary to implement the program authorized by this resolution. The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 12 A-3 9840817v6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting City Clerk of the City of St. Louis Park, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held _______________, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom. WITNESS My hand officially and the seal of the City this ___________ of ______________. __________________________________________ City Clerk City of St. Louis Park (Seal) City Council Meeting of November 17, 2014 (Item No. 4c) Title: Proposed Joint Powers Agreement with Saint Paul Port Authority - PACE of Minnesota Program Page 13 Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4d MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA October 1, 2014 Community Room, City Hall MEMBERS PRESENT: Mark Eilers, Terry Gips, Rachel Harris, Tom Hillstrom, Cindy Larson O’Neil, Alex Sundvall, Judy Voigt, Whitney Jacobs, Rene McGarvey and Ryan Griffin MEMBERS ABSENT: Chris Anderson STAFF PRESENT: Phillip Elkin 1. The meeting was called to order at 6:34 p.m. 2. The minutes of the September 3, 2014 meeting were unanimously approved. 3. Old Business Commissioner Hillstrom updated the Commission on the communication plan. The City’s communications staff has updated the ESC website with the new logo and has it up and running. The communications work group met with Jamie Zwilling and discussed how material would be presented and reviewed for inclusion on the site. Jamie and Nicole were to produce a form for ESC commissioners to fill out when submitting material for the site, but had not been finished before the meeting. The group discussion then focused on options for submitting material for the website and what filtering or editing process should be employed. One suggestion was for commissioners to work within their work groups and bring ideas and content to smaller groups for consideration. The Commission reviewed the website and found some mistakes and misinformation (dated commissioner list). Rachel asked each work group to produce a one paragraph description of their group and submit it to Phil for inclusion on the website. Commissioner Hillstrom recommended that members review the website and at the next meeting we include a discussion on ideas for improvements. Commissioner Hillstrom will share environmental and sustainability websites from other cities for examples. 4. New Business Commissioner Griffin presented a Preferable Purchasing Policy for consideration to move to the City Council for adoption as City Policy. This policy was developed by the Preferred Purchasing Work Group after month of research. Commissioner Gips had several comments and recommendations for the policy, including adding the word “Sustainability” to the policy and the including health, safety and social justice as justification terms. Commissioner Hillstrom made a motion for the work group to meet, review the proposed changes, incorporate these comments and any Staff comments into the policy, and City Council Meeting of November 17, 2014 (Item No. 4d) Page 2 Title: Environment and Sustainability Commission: Sustainable SLP Meeting Minutes of October 1, 2014 forward them on to the City Council. The ensuing discussion focused on the necessity of the full Commission to review changes before the policy received the Commission endorsement. The motion passed 9-1, with Commissioner Gips in opposition. Commissioner Larson O’Neil presented the Energy Work Group’s findings on the PACE Program, a financing mechanism for local governments to finance clean energy incentives for local businesses. The commission unanimously supported a motion to formally endorse the PACE program to the City Council. 5. The Vision/Mission Statement discussion was tabled 6. Work Group Reports- Environmental Preferred Purchasing, Energy and Branding Groups had discussed their progress earlier in the meeting. The Education/Behavior Change Work Group is developing questions to use in resident surveys. The group is exploring possible formats - a sample group of 500-1000 residents. Green Steps Cities Work Group - no new updates Native Landscapes Work Group – Commissioner Jacobs gave a brief introduction to their workgroup description and goals. The group has met with City Forester Jim Vaughan and is looking for opportunities with existing programs where they can be involved in native plantings and restoration. While Commissioner Jacobs will be leaving the commission as she pursues her master’s degree, she will continue to be active in this group. 7. The meeting was adjourned at 8:05 p.m. Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4e TITLE: Special Assessment – Signal System at Park Center Boulevard for Target Corporation RECOMMENDED ACTION: Motion to Adopt Resolution authorizing special assessments for the installation of a traffic signal at the shared entrance of 36 Park Apartments and Target. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: As part of the 2011 redevelopment of 3601 Park Place Boulevard a traffic signal was installed. This signal consolidated the access from Parkshore Assisted Living and 36 Park Apartments on the east side of the street. In addition, the two accesses to Target on the west side of the road were consolidated to utilize the new signal. This project was completed to make the area safer and more efficient for the various existing and proposed uses. The Planned Unit Development Agreement with 3601 Park Place Boulevard required the development to pay up to 50 percent of the signal and related roadway costs. The City entered in to a Public Improvement Agreement with Target Corporation during the summer of 2012 to fund a portion of the signal system and related roadway costs on the west side of the roadway. The following table outlines the cost share for 36 Park Apartments and Target Corporation. PID Owner Street Address, St. Louis Park, Mn 55416 Cost 06-028-24-33- 0019 36 Park Apartments 3601 Park Center Blvd $ 200,000 06-028-24-33- 0015 Target Corporation 3601 State Highway 100 $ 199,500 The remainder of the project cost was funded by Municipal State Aid funds. The property owners have until the end of November to pay their share of the costs for this project up front. If they are not paid, the City needs to have a resolution in place to utilize the special assessment option for the collection of the property owner’s share of the work. This is consistent with the terms of the agreements with the property owners. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. ATTACHMENTS: Resolution Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4e) Page 2 Title: Special Assessment – Signal System at Park Center Boulevard for Target Corporation RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE INSTALLTION OF THE TRAFFIC SIGNAL AT THE SHARED ENTRANCE TO 36 PARK APARTMENTS AND TARGET WHEREAS, the following Property Owner has petitioned the City of St. Louis Park to authorize a special assessment for the installation of the traffic signal at the shared entrance to 36 Park Apartments and Target; and PID Street Address, St. Louis Park, Mn 55416 06-028-24-33-0015 3601 State Highway 100 WHEREAS, this Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer, or designee, related to the installation of the traffic signal, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the traffic signal be constructed by the city and specially assessed to the property is hereby accepted. 2. The installation of the traffic signal and adjoining roadway work was done in conformance with the plans and specifications approved by the Engineering Department and are hereby accepted. 3. The owner, location, and total eligible cost of this work have been determined to be as follows: PID Street Address, St. Louis Park, Mn 55416 Cost 06-028-24-33-0015 3601 State Highway 100 $ 199,500 4. This Property Owner has agreed to waive their right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. This Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over an eight (8) year period at the interest rate of 5.85 %. 6. The Property Owner has executed a Public Improvement Agreement with the City and all other documents necessary to implement the traffic signal work and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4f TITLE: Special Assessment - Signal System at Park Center Boulevard for 36 Park Apartments RECOMMENDED ACTION: Motion to Adopt Resolution authorizing special assessments for the installation of a traffic signal at the shared entrance of 36 Park Apartments and Target. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: As part of the 2011 redevelopment of 3601 Park Place Boulevard a traffic signal was installed. This signal consolidated the access from Parkshore Assisted Living and 36 Park Apartments on the east side of the road. In addition, the two accesses to Target on the west side of the road were consolidated to utilize the new signal. This project was completed to make the area safer and more efficient for the various existing and proposed uses. The Planned Unit Development Agreement with 3601 Park Place Boulevard required the development to pay up to 50 percent of the signal and related roadway costs. The City entered in to a Public Improvement Agreement with Target Corporation during the summer of 2012 to fund a portion of the signal system and related roadway costs on the west side of the roadway. The following table outlines the cost shares for 36 Park Apartments and Target Corporation. PID Owner Street Address, St. Louis Park, Mn 55416 Cost 06-028-24-33- 0019 36 Park Apartments 3601 Park Center Blvd $ 200,000 06-028-24-33- 0015 Target Corporation 3601 State Highway 100 $ 199,500 The remainder of the project cost was funded by Municipal State Aid funds. The property owners have until the end of November to pay their share of the costs for this project up front. If they are not paid, the City needs to have a resolution in place to utilize the special assessment option for the collection of the property owner’s share of the work. This is consistent with the terms of the agreements. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. ATTACHEMENTS: Resolution Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4f) Page 2 Title: Special Assessment – Signal System at Park Center Boulevard for 36 Park Apartments RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE INSTALLTION OF THE TRAFFIC SIGNAL AT THE SHARED ENTRANCE TO 36 PARK APARTMENTS AND TARGET WHEREAS, the following Property Owner has petitioned the City of St. Louis Park to authorize a special assessment for the installation of the traffic signal at the shared entrance to 36 Park Apartments and Target; and PID Street Address, St. Louis Park, Mn 55416 06-028-24-33-0019 3601 Park Center Blvd WHEREAS, this Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer, or designee, related to the installation of the traffic signal, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the traffic signal be constructed by the city and specially assessed to the property is hereby accepted. 2. The installation of the traffic signal and adjoining roadway work was done in conformance with the plans and specifications approved by the Engineering Department and are hereby accepted. 3. The owner, location, and total eligible cost of this work have been determined to be as follows: PID Street Address, St. Louis Park, Mn 55416 Cost 06-028-24-33-0019 3601 Park Center Blvd $ 200,000 4. This Property Owner has agreed to waive their right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. This Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.88 %. 6. The Property Owner has executed a Planned Unit Development Contract with the City and all other documents necessary to implement the traffic signal work and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Special Assessment – Abatement of Hazardous Buildings at 3925 Zarthan Ave. So. RECOMMENDED ACTION: Motion to approve Special Assessment Agreement and Adopt Resolution authorizing the special assessment for the abatement of hazardous buildings located at 3925 Zarthan Avenue South, P.I.D. 21-117-21-24-0081. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: City Council adopted a resolution at the September 2, 2014 Council meeting ordering the abatement of hazardous buildings located at 3925 Zarthan Ave South. The City Attorney secured a Court Order giving the city permission to abate the hazardous buildings. A professional cleaning company, Scene Clean, Inc. was hired by the city to abate the hazardous conditions. The abatement of the property occurred during the week of October 27th, 2014 with an inspection and approval by the Inspections Department. The contractor removed all hazardous conditions and abated the public nuisance in compliance with current codes and regulations. Based on the completed work, this clean-up qualifies for the City’s special assessment program. The total cost of debris removal and cleaning is $13,566.12. Legal costs incurred through the Hazardous Building Process amounted to $3,440.00. The property owner’s legal guardian has entered into an Assessment Agreement for the total of $17,006.12. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Assessment Agreement Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4g) Page 2 Title: Special Assessment – Abatement of Hazardous Buildings – 3925 Zarthan Ave S RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE ABATEMENT OF HAZARDOUS BUILDINGS AT 3925 ZARTHAN AVENUE SOUTH, ST. LOUIS PARK, MN P.I.D. 21-117-21-24-0081. WHEREAS, the Property Owner for 3925 Zarthan Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the abatement of hazardous buildings for the single family residence located at 3925 Zarthan Avenue South, and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of Inspections related to the abatement of hazardous buildings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner’s Legal Guardian requesting the approval and special assessment for the removal of all hazardous conditions and abatement of the public nuisance is hereby accepted. 2. The abatement of hazardous buildings that was done in conformance with the accepted methods approved by the Department of Inspections is hereby accepted. 3. The total cost for the abatement of hazardous buildings is accepted at $17,006.12. Comprised of $13,566.12 for the abatement services and $3,440.00 for legal costs incurred. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a five (5) year period at the interest rate of 5.85 % commencing on December 1st, 2014, the date of the adoption of the assessment by the city council with the first installment payable in 2015. 6. The Property Owner’s Legal Guardian has executed an agreement with the City and all other documents necessary to implement the abatement of hazardous buildings and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of November 17, 2014 (Item No. 4g) Title: Special Assessment – Abatement of Hazardous Buildings at 3925 Zarthan Ave. So. Page 3 City Council Meeting of November 17, 2014 (Item No. 4g) Title: Special Assessment – Abatement of Hazardous Buildings at 3925 Zarthan Ave. So. Page 4 City Council Meeting of November 17, 2014 (Item No. 4g) Title: Special Assessment – Abatement of Hazardous Buildings at 3925 Zarthan Ave. So. Page 5 Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Special Assessment - Water Service Line Repair at 2000 Utah Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 2000 Utah Avenue South, St. Louis Park, Minnesota, P.I.D. 07-117-21-11-0054. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Matthew and Cari Hatcher, owners of the single family residence at 2000 Utah Avenue South, have requested the City authorize the repair of the water service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $8,795.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4h) Page 2 Title: Special Assessment - Water Service Line Repair at 2000 Utah Avenue South RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 2000 UTAH AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA P.I.D. 07-117-21-11-0054 WHEREAS, the Property Owners at 2000 Utah Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 2000 Utah Avenue South, and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Division and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $8,795.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Special Assessment – Water Service Line Repair at 2037 Utah Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 2037 Utah Avenue South, St. Louis Park, Minnesota, P.I.D. 07-117-21-11-0022. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Joanne Fox, owner of the single family residence at 2037 Utah Avenue South, has requested the City to authorize the repair of the water service line for her home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $4,800.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall, Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4i) Page 2 Title: Special Assessment – Water Service Line Repair at 2037 Utah Avenue South RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 2037 UTAH AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA P.I.D. 07-117-21-11-0022 WHEREAS, the Property Owner at 2037 Utah Avenue South, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 2037 Utah Avenue South; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Division and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $4,800.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Special Assessment – Water Service Line Repair at 2410 Rhode Island Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 2410 Rhode Island Avenue South, St. Louis Park, Minnesota, PID #08-117-21-23-0080. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: April Kennedy, owner of the single family residence at 2410 Rhode Island Avenue South, has requested the City to authorize the repair of the water service line for her home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $4,700.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4j) Page 2 Title: Special Assessment – Water Service Line Repair at 2410 Rhode Island Avenue South RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 2410 RHODE ISLAND AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA P.I.D. 08-117-21-23-0080 WHEREAS, the Property Owner at 2410 Rhode Island Avenue South has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 2410 Rhode Island Avenue South; and WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Division and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $4,700.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85%. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Special Assessment - Water Service Line Repair at 1821 Louisiana Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 1821 Louisiana Avenue South, St. Louis Park, Minnesota, P.I.D. 05-117-21-43-0133. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Anthony and Patricia Smith, owners of the single family residence at 1821 Louisiana Avenue South, have requested the City authorize the repair of the water service line for their home and assess the cost against their property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $7,400.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4k) Page 2 Title: Special Assessment - Water Service Line Repair at 1821 Louisiana Avenue South RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 1821 LOUISIANA AVENUE SOUTH, ST. LOUIS PARK, MN P.I.D. 05-117-21-43-0133 WHEREAS, the Property Owners at 1821 Louisiana Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 1821 Louisiana Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Division and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $7,400.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Special Assessment – Sewer Service Line Repair at 2901 Colorado Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 2901 Colorado Avenue South, St. Louis Park, Minnesota, P.I.D. 09-117-21-33-0189. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Erwin and Lynette Heitkamp, owners of the single family residence at 2901 Colorado Avenue South, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $5,250.00. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall , Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Brian Swanson, Controller Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4l) Page 2 Title: Special Assessment – Sewer Service Line Repair at 2901 Colorado Avenue South RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 2901 COLORADO AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA P.I.D. 09-117-21-33-0189 WHEREAS, the Property Owners at 2901 Colorado Avenue South have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 2901 Colorado Avenue South; and, WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Division and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $5,250.00. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.85 %. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4m EXECUTIVE SUMMARY TITLE: Second Reading of Ownership of Residential Water Service Lines RECOMMENDED ACTION: Motion to approve second reading and Adopt Ordinance amending St. Louis Park Code of Ordinances Sections 32-41, 32-202, and 32-204 relating to the partial ownership of residential water service lines, approve summary ordinance, and authorize publication. POLICY CONSIDERATION: Does Council agree with the recommendation for the City to accept ownership of residential water service lines from the water main to the curb stop? SUMMARY: At their November 3, 2014 meeting, City Council approved moving forward with adopting first reading of an ordinance which has the City taking over partial ownership of residential water service lines. Currently, homeowners own the service lines from their homes to the water main connections and are responsible for the repair costs of service line breaks. In most other communities, the city owns the service line from the water main to the curb stop and would cover the costs to make any repairs in this section of the line, with the homeowner still being responsible for repairs between the curb stop and the house. Splitting the service line in this manner is done because repair costs for a break between the water main and the curb stop typically includes disrupting the street. Accepting ownership would shift the financial burden for repair and replacement of this section from the property owner to the City. The cost of this program can be absorbed within the recommended utility rate increases (discussed previously in the budget process) for the next two years. Staff will continue to review actual costs from 2015 construction data and estimates moving forward to determine whether or not rates will need to be adjusted for this program during the 2017 budget process. The proposed change is recommended to start January 1, 2015 and will relate solely to single family residential customers. The second reading of this ordinance is scheduled for November 17, 2014. FINANCIAL OR BUDGET CONSIDERATION: Based on 2015 adopted and future proposed utility rates, these costs can be funded within the Water Fund. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Ordinance Sections 32-41, 32-202, and 32-204 Ordinance Summary Prepared by: Mark Hanson, Public Works Superintendent Brian A. Swanson, Controller Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting November 17, 2014 (Item No. 4m) Page 2 Title: Second Reading of Ownership of Residential Water Service Lines DISCUSSION BACKGROUND: During the 2015 budget planning process, Council asked staff to explore the rationale and costs associated with accepting ownership of residential water service lines from the water main to the curb stop. Currently, homeowners own the service lines from their houses all the way to the water main connection and are responsible for the repair costs of service line breaks. In most other communities, the City owns the service line from the water main to the curb stop and would cover the costs to make any repairs in this section of the line, with the homeowner still being responsible for repairs between the curb stop and the house. Splitting the service line in this manner is done because repair costs for a break between the water main and the curb stop typically include disrupting the street. These costs are considerably higher than repair costs between the curb stop and the house, which generally do not require street repair. Analysis of all the utility projects has shown that the cost of this program can be absorbed within the scope of the projects and funded within the approved 2015 utility rates and proposed 2016 recommended utility rate increases per the Long Range Financial Management Plan (discussed during the budget planning process). Staff will continue to review actual costs from 2015 construction data and estimates moving forward to determine whether or not rates will need to be adjusted for this program during the 2017 budget process. This change to our program puts St. Louis Park on par with our neighboring communities. It also ensures that service line repairs, and any associated connections to our water main including curb and streets will have proper oversight by Utilities staff. This change is recommended for single family residential customers only. SUMMARY OF PROPOSED ADMINISTRATIVE ACTIONS: All of these ordinance changes have been reviewed by City Attorney, Tom Scott. Ordinance 32-41. Cost of Installation Borne by Consumer (attached): Updates the ordinance to state that for single family residential housing, the cost of replacing all plumbing within the City right of way between the main and the water shut-off as part of a street reconstruction project shall be the responsibility of the city. It also clarifies that for properties other than single family housing, the property owner is responsible for repair/replacement of the entire line. The description of the special assessment process was also updated to reflect current practice/terminology. Ordinance 32-202. Repair of Leaks (attached): Updates the ordinance to state that for single family residential housing, the cost of repairing the water service line between the main and the water shut-off shall be the responsibility of the city, for properties other than single family housing, the property owner owns the entirety of the line. It also clarifies that the property of owner is responsible for all expenses related to the thawing/repairing of frozen service lines for the entire line. Ordinance 32-204. Service Abandoned (attached): Updates the ordinance to state that all expenses related to the disconnection and removal of a water service shall be paid by the property owner. City Council Meeting November 17, 2014 (Item No. 4m) Page 3 Title: Second Reading of Ownership of Residential Water Service Lines ORDINANCE NO. ____-14 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO THE COST OF REPAIR AND REPLACEMENT OF WATER SERVICE LINES, AMENDING CHAPTER 32 OF THE ST. LOUIS PARK CITY CODE THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: SECTION 1. Section 32-41 of the St. Louis Park City Code is amended to read as follows: (1) The cost of original installation or repair of all plumbing between the main and the meter shall be borne entirely by the consumer, except as provided herein. Such plumbing shall at all reasonable times be subject to inspection by the city. Any repairs that are the responsibility of the consumer which are found to be necessary by such representatives shall be made promptly or the city will discontinue service. The total cost of the repair will then be charged interest at a rate per annum set by the City Manager or designee. This rate will be equal to the per annum interest rate set that year for other certified special assessments and will be assessed to the property and payable over a period of years depending on the dollar amount and circumstance. The City will be responsible for any necessary repairs to the portion of the service line to a single family dwelling between the main and the water shutoff. (2) The cost of replacing all plumbing within the City right of way between the main and the shut off as part of a street reconstruction project shall be a charge to the consumer., except for a single family dwelling in which case the city shall be responsible for the cost. The total cost of the replacement will then be charged interest at a rate per annum set by the City Manager or designee. This rate will be equal to the per annum interest rate set that year for other certified special assessments and will be assessed to the property and payable over a period of years depending on the dollar amount and circumstance. SECTION 2. Section 32-202 of the St. Louis Park City Code is amended to read as follows: (1) The Property Owner shall be responsible for repairing any leaks in the service pipeline to the property. , except that the city shall be responsible for leaks in the service line to a single family dwelling between the main and the shutoff. In case of failure uponby the part of any owner to repair any leak occurring from the service pipe, for which the owner is responsible, within 24 hours after verbal or written notice has been given upon the premises, the water will be shut off from the same and will not be turned on until the leak is repaired and the fee as set by city council resolution or ordinance has been paid. When in the judgment of the city, the waste of water is significant, or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately upon the giving of such notice. If the water service leak is on the street side of the City Council Meeting November 17, 2014 (Item No. 4m) Page 4 Title: Second Reading of Ownership of Residential Water Service Lines water shut-off and the leak cannot be shut off, the city will have the service leak repaired and the cost of the repairs will be certified to the property owner’s taxes as a special assessment. (2) The Property Owner, including the owner of a single family dwelling, is responsible for all expenses related to the thawing or repairing of frozen service lines from the water main to the building. SECTION 3. Section 32-204 of the St. Louis Park City Code is amended to read as follows: When a service is to be abandoned, the meter shall be removed and returned to the city and the service shall be disconnected at the city main by plugging or capping the corporation cock or valve in an approved manner. When a building is to be demolished, the service shall be abandoned before a demolition permit is issued. If a new building is to be erected on the same site, the service may be reused with the prior approval of the city and the service may be temporarily abandoned at the stop box by plugging. All expenses related to the disconnection and removal of the water service shall be the owner’s responsibility. SECTION 4. This Ordinance shall take effect fifteen (15) days after its passage and publication. ADOPTED this 3rd day of November, 2014 by the City Council of the City of St. Louis Park. First Reading November 3, 2014 Second Reading November 17, 2014 Date of Publication December 4, 2014 Date Ordinance takes effect January 1, 2015 Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting November 17, 2014 (Item No. 4m) Page 5 Title: Second Reading of Ownership of Residential Water Service Lines SUMMARY ORDINANCE NO. _____-14 AN ORDINANCE RELATING TO OWNERSHIP OF RESIDENTIAL WATER SERVICE LINES, AMENDING SECTIONS 32-41, 32-202 & 32-204 OF THE ST. LOUIS PARK CITY CODE These ordinances amend the ownership of residential water service lines for the City of St. Louis Park indicating the replacement cost and repair cost within the City right of way between the main and the water shut off for single family residential housing will be the responsibility of the City. Expenses related to the disconnection and removal of water service will be the property owner’s responsibility. These ordinances shall take effect January 1, 2015. Adopted by the City Council November 17, 2014 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 4, 2014 Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4n EXECUTIVE SUMMARY TITLE: Accept Monetary Donation from the Trust of Kathleen Hugget to Westwood Hills Nature Center RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of monetary donation from the Trust of Kathleen Hugget in the approximate amount of $250,000 for the care and maintenance of Westwood Hills Nature Center. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires the City Councils 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. Kathleen Hugget graciously donated one sixth of the remainder of her Trust to Westwood Hills Nature Center. The one sixth interest amounts to $245,331.67 as of Sept 18, 2014 plus accrued interest from that date. This donation is given with the restriction that it be used for the care and maintenance Westwood Hills Nature Center. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used for the care and maintenance at Westwood Hills Nature Center. The specific use of the donation will be determined by the City Council at a later date. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Mark Oestreich, Manager Westwood Hills Nature Center Reviewed by: Cindy Walsh, Director of Operations & Recreation Approved by: Tom Harmening. City Manager City Council Meeting of November 17, 2014 (Item No. 4n) Page 2 Title: Accept Monetary Donation from the Trust of Kathleen Hugget to Westwood Hills Nature Center RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF A DONATION IN THE AMOUNT OF APPROXIMATELY $250,000 TO BE USED FOR THE CARE AND MAINTENANCE OF WESTWOOD HILLS NATURE CENTER 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, the Trust of Kathleen M. Hugget donated one sixth of the remainder of the trust which amounts to approximately $250,000 for the care and maintenance of Westwood Hills Nature Center; 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 the Trust of Kathleen M. Hugget with the understanding that it must be used for the care and maintenance of Westwood Hills Nature Center. The City Manager is authorized to sign the “Approval and Release” document accepting the distribution from the Trust. Reviewed for Administration Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4o EXECUTIVE SUMMARY TITLE: Accept Donation for Memorial Bench at Wolfe Park honoring Doris and Roland S. Larson RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a $2,200 donation from Roland S. Larson for the purchase and installation of a bench in Wolfe Park honoring Doris and Roland Larson. 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. Roland S. Larson graciously donated $2,200 for the purchase and installation of a bench. The donation is given with the restriction that the bench be placed in Wolfe Park honoring Doris and Roland Larson. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase and install a bench, November 2014, in Wolfe Park. 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 Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4o) Page 2 Title: Accept Donation for Memorial Bench at Wolfe Park honoring Doris and Roland S. Larson RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $2,200 FOR A MEMORIAL BENCH IN WOLFE PARK HONORING DORIS AND ROLAND LARSON 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, Roland Larson donated $2,200 to purchase and install a memorial bench in Wolfe Park honoring Doris and Roland Larson; 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 Roland Larson with the understanding that it must be used to purchase and install a bench in Wolfe Park. Reviewed for Administration Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Consent Agenda Item: 4p EXECUTIVE SUMMARY TITLE: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless RECOMMENDED ACTION: Motion to approve Amendment No. 2 to City Agreement No. 4219, between the City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for communication antennas on the City’s water tower at 2541 Nevada Avenue. POLICY CONSIDERATION: None at this time. SUMMARY: Original Agreement - In 1997, the City negotiated an antenna lease agreement with Verizon (f/k/a US West Communications, Inc.) for placement of up to 9 communication antennas, located 80’ above ground, on our water tower on Nevada Ave. The agreement was for a 5-year term with the option of four renewable 5-year terms. This agreement has been amended once (Amendment No. 1). Amendment No. 1 – This amendment allowed Verizon to place 12 antennas (3 additional) at 120’ above ground. In addition, Verizon removed and replaced their ground equipment storage building with a larger sized structure (approximately 30’x11’) to accommodate their equipment needs. Proposed Amendment No. 2 – This amendment allows Verizon to add 6 auxiliary boxes to the tower to work in conjunction with the new multi-technology antennas being installed. The lease is currently in its 3rd renewal term and set to expire in 2021. The City currently has 14 leases with 8 providers. The Amendment has been reviewed and found to be acceptable by the City Attorney. FINANCIAL OR BUDGET CONSIDERATION: The annual lease rate for 2014 was $42,716.16. The 2015 annual lease rent rate will increase to $51,413.64. The rent structure is based on number of antennas and their height above ground, and the number of auxiliary boxes. The financial terms of this agreement require annual lease payments with a 3% annual rate increase. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Amendment No. 2 to Agreement Exhibit B-2 (Plans Rev 0 dated 08-24-14) Exhibit E (Rent Schedule) Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 4p) Page 2 Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless CITY OF ST. LOUIS PARK AMENDMENT NO. 2 TO WATER TOWER ANTENNA AGREEMENT CONTRACT NO. 4219 (Verizon Wireless Site No. MIN060 St. Louis Park) This AMENDMENT NO. 2 TO WATER TOWER ANTENNA AGREEMENT (“Amendment) is made this ______ day of _______________________, 2014, by and between the CITY OF ST. LOUIS PARK, Minnesota (“City”) and VERIZON WIRELESS (VAW) LLC d/b/a Verizon Wireless (hereinafter “LESSEE”), with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866- 862-4404), with reference to the facts set forth in the Recitals below: RECITALS A. City and LESSEE, or their predecessors in interest, are parties to a Water Tower Antenna Agreement dated November 3, 1997 and Amendment No. 1 dated January 7, 2013 (“Agreement”) whereby City has leased a portion of City’s real property (the “Property”) and Water Tower to LESSEE, along with access and utility rights. B. City and LESSEE desire to amend the Agreement to (i) provide for revised antenna space on the Water Tower; and (ii) provide for other additional or modified Agreement language. C. The existing Agreement allows for twelve antennas at an elevation of 120 feet above ground and City and LESSEE desire to amend the Agreement to allow add six auxiliary antenna boxes to expand communication capabilities. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The parties agree that Paragraph 3A of the Agreement is amended to read in its entirety as follows: A. Commencing January 1, 2015, LESSEE shall pay City, as rent, the sum of Fifty-One Thousand Four Hundred Thirteen and 64/100 Dollars ($51,413.64) per year (“Rent”). Rent shall be paid before January 1 of each year. In addition, Lessee shall pay the City a prorated amount of One Thousand Two Hundred and 00/100 Dollars ($1,200.00) for the increased rent for 2014 for November and December on or before December 31, 2014 as indicated in Exhibit E. Commencing on January 1, 2016, and each January 1 thereafter, the annual Rent shall increase by three percent (3%) as shown on Exhibit “E”. B. Add Exhibit “E” to the Agreement to showing the payment schedule for the remainder of the lease. City Council Meeting of November 17, 2014 (Item No. 4p) Page 3 Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless 2. Exhibit “B-1” to the Agreement is replaced in its entirety by Exhibit B-2 consisting of the final plan set (Rev. 0) signed and dated 8/28/14 and stamped approved, signed, and dated 9/16/14 by the City. 3. The color of the antennas and any equipment placed on the Water Tower shall at all times be painted and maintained, at LESSEE’s expense, to match the color of the Water Tower or a color selected by the City. 4. LESSEE shall remove and dispose of all non-operating equipment on the water tower at the time the new antennas are installed. 5. LESSEE is responsible for paying the cost of the consultant, hired by the City, for plan review and inspection services to ensure that the work authorized by this Amendment is done to City standards and in accordance with the requirements of the Agreement and this Amendment. 6. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. IN WITNESS WHEREOF, City and LESSEE have caused this Amendment to be executed by each party’s duly authorized representative on the date written below. CITY: LESSEE: City of St. Louis Park, Minnesota Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: By: Jeffrey W. Jacobs Lynn Ramsey Its: Mayor Its: Area Vice President Network By: Thomas K. Harmening Date:_______________________________ Its: City Manager Date: City Council Meeting of November 17, 2014 (Item No. 4p) Page 4 Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Exhibit B-2 See the attached final approved plans (Rev. 0) signed and dated 8/28/14; and signed and approved 9/16/14 by the City and incorporated and made part hereof. City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 5 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 6 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 7 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 8 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 9 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 10 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 11 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 12 SHEET CONTENTS: EXIST. & PROP. PLAN VIEWS ROBERT J DAVIS, AIA ARCHITECT 9973 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 (952) 903-9299 DESIGN VERIZON WIRELESS 10801 BUSH LAKE ROAD BLOOMINGTON, MN 55438 (612) 720 - 0030 B A PROJECT DRAWN BY: DATE: CHECKED BY: 20140997985 2541 NEVADA AVE. SOUTH ST. LOUIS PARK, MN 55416 GJP 8-28-14 IJO REV. 0 UEI PROJ. # 14.00017 F S -3 E S -3 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 13 FG SHEET CONTENTS: SECTIONS AND DETAILS ROBERT J DAVIS, AIA ARCHITECT 9973 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 (952) 903-9299 DESIGN VERIZON WIRELESS 10801 BUSH LAKE ROAD BLOOMINGTON, MN 55438 (612) 720 - 0030 B AC E PROP. HYBRID CABLE SUPPORT AND ROUTING NOTES: NOTES: NOTES: D PROJECT DRAWN BY: DATE: CHECKED BY: 20140997985 2541 NEVADA AVE. SOUTH ST. LOUIS PARK, MN 55416 GJP 8-28-14 IJO REV. 0 UEI PROJ. # 14.00017 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 14 EF SHEET CONTENTS: SECTIONS AND DETAILS ROBERT J DAVIS, AIA ARCHITECT 9973 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 (952) 903-9299 DESIGN VERIZON WIRELESS 10801 BUSH LAKE ROAD BLOOMINGTON, MN 55438 (612) 720 - 0030 B A D C PROJECT DRAWN BY: DATE: CHECKED BY: 20140997985 2541 NEVADA AVE. SOUTH ST. LOUIS PARK, MN 55416 GJP 8-28-14 IJO REV. 0 UEI PROJ. # 14.00017 NOTES:NOTES: NOTE: (METAL TO METAL ATTACHMENTS) City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 15 SHEET CONTENTS: GENERAL NOTES ROBERT J DAVIS, AIA ARCHITECT 9973 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 (952) 903-9299 DESIGN VERIZON WIRELESS 10801 BUSH LAKE ROAD BLOOMINGTON, MN 55438 (612) 720 - 0030 PROJECT DRAWN BY: DATE: CHECKED BY: 20140997985 2541 NEVADA AVE. SOUTH ST. LOUIS PARK, MN 55416 GJP 8-28-14 IJO REV. 0 UEI PROJ. # 14.00017 City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 16 EXHIBIT "E" YEAR LEASE DATE TERM PRORATE RENT ANNUAL RENT DATE DUE 11/3/1997 1st Year 1998 Exp. 12/31/02 Initial 12/31/1997 1999 12/31/1998 2000 12/31/1999 2001 12/31/2000 2002 12/31/2001 2003 37518 1st Renewal 12/31/2002 2004 12/31/2003 2005 12/31/2004 2006 12/31/2005 2007 12/31/2006 2008 Renewed 4/19/07 2nd Renewal 12/31/2007 2009 12/31/2008 2010 12/31/2009 2011 12/31/2010 2012 12/31/2011 2013 Renewed 5/8/12 3rd Renewal 12/31/2012 2014 12/31/2013 2014 $1,200.00 12/31/2014 2015 $51,413.64 12/31/2014 2016 $52,956.05 12/31/2015 2017 $54,544.73 12/31/2016 2018 4th Renewal $56,181.07 12/31/2017 2019 $57,866.50 12/31/2018 2020 $59,602.50 12/31/2019 2021 $61,390.57 12/31/2020 2022 Expires 12/31/22 $63,232.29 12/31/2021 City Contract No. 4219 - Verizon Wireless (VAW) LLC EWT # 4 located at 2541 Nevada Ave. So. Verizon Site No. MIN060 RENT SCHEDULE City Council Meeting of November 17, 2014 (Item No. 4p) Title: Lease Amendment No. 2 to City Agreement No. 4219 with Verizon Wireless Page 17 Meeting: City Council Meeting Date: November 17, 2014 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Public Hearing – 2015 Liquor License Fees RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution approving 2015 liquor license fees for the license term March 1, 2015 through March 1, 2016 pursuant to M.S.A. Ch. 340A and section 3-59 of the St. Louis Park City Code. POLICY CONSIDERATION: Does the Council agree with the proposed liquor license fees for 2015? SUMMARY: State law requires that the city adopt liquor license fees at a public hearing and city ordinance permits the Council to set liquor license fees by resolution. Each year the staff reviews and completes a fee study on costs of providing license administration and enforcement. Staff has compared liquor license fees to other metro cities fees and also discussed with the Police Department to see if any increases are warranted. Based on this analysis and review, staff is proposing one fee increase for the 2015 liquor fees. FINANCIAL OR BUDGET CONSIDERATION: State law sets the limits on what fees may be charged for certain types of liquor licenses. Where there is no state restriction, the city can set the fee at an amount to reflect the cost of issuing the license and other costs directly related to the enforcement. License fees may not be used as a means of arbitrarily raising revenues. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion 2015 Liquor License Establishments by License Type Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 6a) Page 2 Title: Public Hearing – 2015 Liquor License Fees DISCUSSION BACKGROUND: State law requires that the city adopt liquor license fees at a public hearing and city ordinance permits the Council to set liquor license fees by resolution. The proposed liquor license fees have been reviewed by the Department Director and the City Manager; and reflect the limits set forth in state law to cover costs of providing administration and enforcement. St. Louis Park liquor fees are consistent with other metro cities fees. PRESENT CONSIDERATIONS: Staff is recommending a $250 fee increase to on sale intoxicating liquor licenses to cover the increased staff time and resources that are required for license administration and enforcement, including police compliance checks. The city currently has 25 intoxicating liquor license holders in the city, and each of these licensees received a notice regarding the proposed fee increase. It is important to note that this fee has not increased since 2011. On Sale Intoxicating Current License Fee Comparison to Other Cities Woodbury $ 10,200 Bloomington 9,600 Minnetonka 8,800 Edina 8,850 Eden Prairie 8,750 St. Louis Park 8,500 Plymouth 8,240 Maple Grove 8,000 Golden Valley 8,000 Hopkins 7,500 City Council Meeting of November 17, 2014 (Item No. 6a) Page 3 Title: Public Hearing – 2015 Liquor License Fees Proposed 2015 Liquor License Fees The following is a list of the current 2014 and the proposed 2015 liquor license fees. On Sale Intoxicating fees are higher than other liquor fees due to additional staff time for police enforcement (restaurants are open Sundays and some have 2 a.m. closing). Off-sale licenses require less police staff time due to the fact that alcohol is not consumed on the premises and there are less hours of operation. Liquor License Type: 2014 Fee 2015 Fee Effective 3/1/2015 Fee amount set by: Brewpub Off Sale Malt Liquor $200 $200 City Brewers Off Sale Malt Liquor $200 $200 City Off Sale 3.2 Malt Liquor $200 $200 City Off Sale Intoxicating Liquor $380 $380 STATE Off Sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 $280 STATE On Sale 3.2 Malt Liquor $750 $750 City On Sale Intoxicating Liquor $8,500 $8,750 City On Sale Brewer’s Taproom $600 $600 City On Sale Sunday Liquor $200 $200 STATE On Sale Wine $2,000 $2,000 STATE Club (per # members): 1 - 200 $300 $300 STATE 201 - 500 $500 $500 STATE 501 - 1000 $650 $650 STATE 1001 - 2000 $800 $800 STATE 2001 - 4000 $1,000 $1,000 STATE 4001 - 6000 $2,000 $2,000 STATE 6000+ $3,000 $3,000 STATE Temporary On Sale Liquor $100/day $100/day City Background Investigation 2014 Fee 2015 Fee Fee set by New License Applicant (non-refundable) $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. STATE New Store Manager $500 $500 STATE On Sale license renewal per 340A.412 Subd. 2 $500 $500 STATE City Council Meeting of November 17, 2014 (Item No. 6a) Page 4 Title: Public Hearing – 2015 Liquor License Fees Current 2014 Liquor License Establishments by License Type 2014 LIQUOR LICENSES Type 2 am close Off sale Brew/Pub Off sale 3.2 On sale Taprm On sale 3.2 On sale Intox On Sale Sunday Off sale Intox On sale Wine On sale Club License Issued by: State City City City City City City State State State American Legion-Frank L 200 500 Applebee's Grill & Bar 8500 200 Best of India 750 2000 Blackstone Bistro New 8500 200 Bonefish Grill New 8500 200 Brush Studio 750 2000 Bunny’s Bar and Grill 2 am 8500 200 Byerly’s Inc 8500 200 Byerly’s Wine & Spirits 380 Chipotle Mexican Grill 750 2000 Cooper 2 am 8500 200 Costco Wholesale #377 380 Crave 2 am 8500 200 Cub Foods Knollwood 200 Doubletree Park Place 8500 200 El Patron Mexican Cuisine 8500 200 Figlio 2 am 8500 200 Four Firkins-Lagers AlesWines 380 Granite City Food & Brewery 200 8500 200 Homewood Suites 750 Ichabons Asian Buffet New 750 2000 Jennings’ Liquor Store 380 Knollwood Liquor 380 Liquor Barrel 380 Liquor Boy 380 Little Szechuan 8500 200 Marriott Mpls West 8500 200 McCoy’s Public House 2 am 8500 200 MGM New 380 Mill Valley Kitchen 8500 200 Minneapolis Golf Club 200 500 Noodles & Company 750 2000 Noodles & Company New 750 2000 Olive Garden 8500 200 Park Tavern Lounge & Lanes 2 am 8500 200 Pei Wei Asian Diner 750 2000 Raku Sushi & Lounge 8500 200 Rojo Mexican Grill 2 am 8500 200 Smashburger New 750 2000 Supervalu CUB West End grocery store New 200 Supervalu CUB West End liquor store New 380 City Council Meeting of November 17, 2014 (Item No. 6a) Page 5 Title: Public Hearing – 2015 Liquor License Fees Current 2014 Liquor License Establishments by License Type Continued 2014 LIQUOR LICENSES Type 2 am close Off sale Brew/Pub Off sale 3.2 On sale Taprm On sale 3.2 On sale Intox On Sale Sunday Off sale Intox On sale Wine On sale Club License Issued by: State City City City City City City State State State Sam’s Club #6318 380 Showplace 14 #8863 2 am 8500 200 Steel Toe Brewing 200 600 St. Louis Park Liquors 380 Target Store T-2189 200 Taste of India 750 2000 Texas-Tonka Liquor 380 Texa-Tonka Lanes 2 am 8500 200 TGI Friday’s 2 am 8500 200 Thanh Do 8500 200 Toby Keith’s I Love this Bar 2 am 8500 200 Trader Joe’s #710 380 Vescio's Cucina 750 2000 Vintage Wine & Spiritz 380 Vitalis Bistro New 750 2000 Weinberg Brothers Deli New 750 2000 Westwood Liquors 380 Wok in the Park 750 2000 Yami Yami New 750 2000 Yangtze River Restaurant 8500 200 Yardhouse New 8500 200 Yum! Kitchen and Bakery 750 2000 Total number 2 3 1 15 25 27 15 14 2 Fee Totals $400 $600 $600 $12,000 $221,000 $5,600 $5,700 $30,000 $1,000 City Council Meeting of November 17, 2014 (Item No. 6a) Page 6 Title: Public Hearing – 2015 Liquor License Fees RESOLUTION NO. 14-____ RESOLUTION ADOPTING 2015 LIQUOR LICENSE FEES FOR THE LICENSE TERM MARCH 1, 2015 – MARCH 1, 2016 BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: WHEREAS, the St. Louis Park City Code Section 3-59 authorizes the City Council to establish annual fees for liquor licenses by resolution in amounts no greater that those set forth in M.S.A. Chapter 340A; and WHEREAS, it is necessary for the city to maintain fees in an amount necessary to cover the cost of administration and enforcement of regulating liquor in the city; and WHEREAS, fees called for within the Section 3-59 of the City Code and Minnesota State Statute Chapter 340A are hereby set by this resolution for the 2015 license term effective March 1, 2015 through March 1, 2016; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, fees for 2015 liquor licenses are hereby adopted as follows: Liquor License Type: 2015 Fee Effective 3/1/2015 Brewpub Off-sale Malt Liquor $200 Brewers Off-sale Malt Liquor $200 Off-sale 3.2 Malt Liquor $200 Off-sale Intoxicating Liquor $380 Off-sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 On-sale 3.2 Malt Liquor $750 On-sale Intoxicating Liquor $8,750 On-sale Brewer’s Taproom $600 On-sale Sunday Liquor $200 On-sale Wine $2,000 Club (per # members) 1 - 200 $300 201 - 500 $500 501 - 1000 $650 1001 - 2000 $800 2001 - 4000 $1,000 4001 - 6000 $2,000 6000+ $3,000 Temporary On-sale Liquor $100/day City Council Meeting of November 17, 2014 (Item No. 6a) Page 7 Title: Public Hearing – 2015 Liquor License Fees Background Investigation Fee New License Applicant (non-refundable) $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. New Store Manager $500 On-sale license renewal per 340A.412 Subd. 2 $500 Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: November 17, 2014 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: The Loop - On Sale Intoxicating and Sunday Sale Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from Loop West End, LLC; dba The Loop, for an On Sale Intoxicating and Sunday Sale Liquor License located at 5331 16th Street West, with the license term through March 1, 2015. POLICY CONSIDERATION: Does the Council wish to approve the liquor license for The Loop? SUMMARY: The City received an application from Loop West End, LLC, dba The Loop, for an On Sale Intoxicating and Sunday Sale Liquor License operating at 5331 16th Street West. This location is along 16th Street at Duke Drive in the West End Development (former Figlio location). The premises will consist of approximately 5,220 square feet, with seating for 212 indoors and an additional 28 patio seats. The tentative opening date is scheduled for December 5, 2014. The Loop will be a full service casual dining restaurant, featuring table service dining and a full bar. They will be open Monday through Friday at 11:00 am and Saturday and Sunday at 10:00 am. The four equal owners of Loop West End, LLC, are Ryan Brevig, Derek Link, Todd Jensen and Josh Paulsen. They also own The Loop restaurants in Minneapolis and Rochester and The 508 restaurant in Minneapolis. The four owners will be responsible for the day-to-day operation of The Loop until a General Manger is hired. 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 November 6, 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 $8,700 for the On Sale Intoxicating and Sunday yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Kay Midura, Office Assistant - City Clerk’s Office Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: November 17, 2014 Public Hearing Agenda Item: 6c EXECUTIVE SUMMARY TITLE: Target – Off Sale Intoxicating Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve application from Target Corporation, dba Target Store T2189, for an Off Sale Intoxicating Liquor License located at 8900 Hwy. 7, with the license term through March 1, 2015. POLICY CONSIDERATION: The proposed application meets City code requirements (subject to CUP approval) and nothing was found in the background investigation to warrant denial. SUMMARY: The City received an application from Target Corporation for an Off Sale Intoxicating Liquor License at 8900 Hwy. 7, located near the Knollwood Mall. Adding a liquor store to Target stores is a change being made at many Target stores nationwide. The premises will consist of approximately 1,850 square feet and will have a separate access from the Target retail/grocery store. The separation of the liquor store and retail/grocery store is required by state law and is similar to the liquor stores located at Byerly’s, Trader Joe’s and Costco. On October 15, 2014, the Planning Commission approved a Conditional Use Permit (CUP) to allow a liquor store to be constructed at this 8900 Hwy. 7 location in the C-2 zoning district. Final Council approval of the CUP is scheduled as an Action Item on the same agenda as this and is contingent upon the liquor license approval. The main principals involved at the St. Louis Park location are Rachael Vegas, Vice President, and Robert Saba, Store Manager. 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 November 6, 2014. Should Council approve the liquor license, no actual license is issued until all required compliance is met with the State Alcohol Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $380 for the Off Sale yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Location Aerial Photo Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 6c) Page 2 Title: Target – Off Sale Intoxicating Liquor License AERIAL PHOTO Target Store - 8900 Hwy 7 Meeting: City Council Meeting Date: November 17, 2014 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Conditional Use Permit – Knollwood Target Liquor Store RECOMMENDED ACTION: Motion to Adopt Resolution approving a Conditional Use Permit (CUP) for a liquor store at the Knollwood Target location, with conditions as recommended by staff. An off-sale intoxicating liquor license is required to operate a liquor store. The recommendation of approval of the CUP assumes the liquor license is granted. The CUP should be denied if the liquor license is not approved. POLICY CONSIDERATION: Is the proposed CUP consistent with the Zoning Ordinance and the Comprehensive Plan? SUMMARY: A CUP is requested to convert the existing café located near the north entrance into the Target liquor store. The conversion will not require an addition to the store, and will not result in an increase in required parking. The liquor store will operate as a separate store within Target, meaning it will have a separate entrance, and customers must pay for the liquor within the liquor store. They cannot carry liquor that has not been paid for into the Target store to continue shopping. This is a similar layout as seen at Trader Joe’s, Byerly’s, Costco and the West End Cub locations. The proposal meets all setbacks required from uses such as places of worship, schools, pawn shops, firearms dealers, and sexually oriented businesses. There is another liquor store located in the Knollwood Village shopping center, adjacent to the Knollwood Target; however, the zoning ordinance does not require a separation between liquor stores. The CUP was presented to the Planning Commission where a public hearing was conducted. Nobody spoke at the public hearing, and the Planning Commission recommended approval on a 5-0-1 vote. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Draft Resolution Excerpt of Planning Commission Minutes Letter from Applicant Development Plans Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 8a) Page 2 Title: Conditional Use Permit – Knollwood Target Liquor Store DISCUSSION Zoning: General Commercial (C-2) Comprehensive Plan: Commercial Applicant: Target Corporation/Mr. John Dietrich, Sr. Development Manager Description of Request: The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a liquor store to be constructed at the existing Super Target located in the Knollwood Village Mall. Background: Target Corporation is proposing to convert a portion of their existing store located at Knollwood Village into a liquor store. The proposal will not require an addition to the existing building, because the liquor store will occupy the space inside the store currently used as the food service and seating area adjacent to the northern most customer entrance. Adding a liquor store to Target stores is a change being made at many Target stores nationwide. The liquor store will have a separate access from the Target retail/grocery store, and it will function as a separate store. The separation is similar to the liquor stores located at Byerly’s, Trader Joe’s and Costco. The separation of the liquor store and grocery store uses is required by state law. City Council Meeting of November 17, 2014 (Item No. 8a) Page 3 Title: Conditional Use Permit – Knollwood Target Liquor Store Analysis: Zoning Conditions of Approval: A CUP is required for liquor stores in the C-2 zoning district [Section 36-194(d)(19)]. In addition to the standard CUP requirements, the zoning ordinance requires the following specific conditions for this use. Liquor stores. The lot must be at least 1,000 feet from the property line of a site containing a pawnshop, currency exchange, payday loan agency, firearms sales or sexually-oriented business. In the case of a shopping center of multi-use building, the distance shall be measured from the portion of the center or building occupied by the liquor store. The location meets this requirement. None of the uses listed above are located within 1,000 feet of the proposed liquor store. Parking: Additional parking is not required since the use is replacing an existing restaurant use within the existing building. The restaurant, as part of a shopping center over 20,000 square feet in area, requires one parking space per 250 square feet of floor area. The liquor store also requires one parking space per 250 square feet of floor area. Therefore, no additional parking is needed for the conversion. Liquor License: In addition to the CUP, a liquor license is required from the city before the applicant can begin to sell intoxicating liquor. An application has been made, and will be acted upon by the City Council prior to consideration of the CUP. Compliance with liquor license regulations is included as a condition of approval. 60-day Review: State law requires cities to answer zoning applications within 60 days of a zoning application being deemed by the city to be complete. The 60 days may be extended by another 60 days (120 days total) if additional time is required for review. Staff notified Target that an additional 60 days would be required for the review. As a result, the City has until January 13, 2014 to act on the CUP application. Planning Commission Review: The Planning Commission conducted the public hearing and no comments from the public were received, and the Planning Commission recommended approval of the CUP. A copy of the unofficial meeting minutes is attached. City Council Meeting of November 17, 2014 (Item No. 8a) Page 4 Title: Conditional Use Permit – Knollwood Target Liquor Store AERIAL PHOTO City Council Meeting of November 17, 2014 (Item No. 8a) Page 5 Title: Conditional Use Permit – Knollwood Target Liquor Store RESOLUTION NO. 14-____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194(d)(19) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A LIQUOR STORE FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 8900 STATE HIGHWAY 7 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Target Corporation has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(19) of the St. Louis Park Ordinance Code for the purpose of allowing a liquor store within a C-2 General Commercial District located at 8900 State Highway 7 for the legal description as follows, to-wit: Lot 3, Block 1, Target Second Addition (Torrens) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-22-CUP) and the effect of the proposed liquor store 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 liquor store 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 liquor store is consistent with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14-22-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a liquor store at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. The site shall receive a liquor license and maintain compliance with the liquor license regulations. 3. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. City Council Meeting of November 17, 2014 (Item No. 8a) Page 6 Title: Conditional Use Permit – Knollwood Target Liquor Store 4. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 5. 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. 6. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of November 17, 2014 (Item No. 8a) Page 7 Title: Conditional Use Permit – Knollwood Target Liquor Store EXCERPT OF THE UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA October 15, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Gary Morrison, Sean Walther, Nancy Sells 3. Public Hearings A. Conditional Use Permit – Knollwood Target Liquor Store Location: 8900 State Highway 7 Applicant: Target Corporation Case No.: 14-22-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. He noted that the liquor store will have a separate access from the Target retail/grocery store, and it will function as a separate store. Mr. Morrison stated that a separate application is required for a liquor license. That application has been submitted and goes directly to the City Council for a public hearing. Commissioner Robertson asked if staff has received any feedback on the application. Mr. Morrison said a couple of calls were received regarding the number of liquor stores in the city which centered on the liquor license ordinance, not on the zoning ordinance. Chair Carper asked what the conditions are for a liquor license in the city. Mr. Morrison responded there are a number of conditions having to do with background checks for a liquor license. He added that the liquor license ordinance does have a set- back requirement from places of worship and schools. Commissioner Person asked if the city has a maximum number of liquor licenses allowed. Mr. Morrison responded that currently there is not a maximum in the city. John Dietrich, Sr. Development Manager of Target Corporation, introduced Rob Sava, the SuperTarget Knollwood Store Manager. Mr. Dietrich spoke about state regulations regarding liquor operations. Chair Carper opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Johnston-Madison made a motion recommending approval of the Conditional Use Permit, subject to conditions as recommended by staff. Commissioner Robertson seconded the motion, and the motion passed on a vote of 5-0-1 (Tatalovich abstained). City Council Meeting of November 17, 2014 (Item No. 8a) Title: Conditional Use Permit – Knollwood Target Liquor StorePage 8 City Council Meeting of November 17, 2014 (Item No. 8a) Title: Conditional Use Permit – Knollwood Target Liquor Store Page 9 City Council Meeting of November 17, 2014 (Item No. 8a) Title: Conditional Use Permit – Knollwood Target Liquor Store Page 10 Meeting: City Council Meeting Date: November 17, 2014 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership RECOMMENDED ACTION: Motion to Adopt Resolution approving the Conditional Use Permits for NLD 394 LLC for a new Kia Dealership, with conditions as recommended by staff and the Planning Commission. POLICY CONSIDERATION: Is the proposed development consistent with the Zoning Ordinance and the Comprehensive Plan? SUMMARY: NLD 394 LLC is requesting three Conditional Use Permits (CUPs) to construct a new Kia Dealership at 6475 and 6501 Wayzata Boulevard, the site of the former Woodfire Grill and Bennigan’s Restaurants. The property is zoned C-2 General Commercial, is guided Commercial in the Comprehensive Plan and is 2.7 acres in area. A CUP is required for Motor Vehicle Sales and Service and Repair in the C-2 district. Additionally, a CUP is required if more than 400 cubic yards of fill are brought to a site. The redevelopment proposal is to construct a new 26,471 square foot building, parking lot, install new landscaping and an underground storm water management system. The proposal also includes demolition of all existing structures and the combination of the two parcels. Demolition is anticipated to begin this winter with a store opening late summer of 2015. The proposed project meets all zoning and Comprehensive Plan requirements. The Planning Commission recommended approval of the CUP’s on a 6-0 vote. Attached are excerpts of the minutes of the Planning Commission meeting. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Draft Resolution Excerpt of Planning Commission Minutes Development Plans Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 8b) Page 2 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership DISCUSSION BACKGROUND The site at 6475 Wayzata Boulevard was previously a Bennigan’s restaurant and the site at 6501 was previously Woodfire Grill. Bennigan’s closed in 2008 and Woodfire Grill closed in 2012 and both properties have been vacant since that time. The properties are located in the Eliot Neighborhood and are bordered by Wayzata Boulevard on the north, office property to the east, a Hyundai dealership to the west, and multi-family residential to the southwest. Car dealerships are allowed in the C-2 Commercial District by CUP. In order to establish the Kia Dealership at the proposed site the applicant is applying for three Conditional Use Permits for the project: 1. Motor Vehicle Sales & Service, 2. Motor Vehicle Repair, and 3. Land Reclamation and Grading. The City requires a CUP for excavating or filling a site by more than 400 cubic yards which necessitates the third permit above. The proposed redevelopment is to construct a new 26,471 square foot building and parking lot and install new landscaping to establish a new Kia dealership. The project also includes the construction of a retaining wall around the southern portion of the property in order to grade the site. ZONING REVIEW 1. Architectural: Building Materials City Code requires a minimum of 60% Class I materials on each building elevation. The Class I materials consist of glass and stucco and account for the percentage of each elevation as follows: North (Wayzata Blvd): 61% South: 72% East: 88.7% West: 91.5% Exterior elevations of the proposed building are attached. This requirement is met. 2. Grading and Stormwater. The applicant will be grading and filling the site to raise the building above the base flood elevation. The applicant has submitted a stormwater management plan that has received approval from City engineering staff. Impervious surface is proposed to be reduced by approximately two percent on the site with storm water management achieved through landscaping and an underground storage system. City requirements are met through the proposed system. Additionally, Watershed District approval is included in the recommended conditions of approval for the CUP. 3. Height. The maximum height in the C-2 Zoning District is six stories or 75 feet in height, whichever is less. The proposed height is 26 feet. This requirement is met. 4. Landscaping. New landscaping will be installed around the perimeter of the building, throughout the parking lot in four landscaped traffic islands and around the perimeter of the site. The redevelopment will remove 25 significant trees and retain 13 significant trees. Thirty new trees will be planted onsite and cash in lieu of the required additional 22 caliper inches will be paid, which satisfies the City’s tree replacement requirements. Additionally, a mix of perennials and shrubs will be planted to screen the parking lot from Wayzata Boulevard between the two access drives, and a 6 foot high fence and spruce trees will be placed along the southwest property line adjacent to the residential parcel. This requirement is met. City Council Meeting of November 17, 2014 (Item No. 8b) Page 3 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership 5. Lighting. Lighting elements have been located to provide sufficient lighting of parking lot areas and to minimize light spillover past the property line. The poles are 25 feet in height, which is allowed by Code. The submitted plan meets City Code for outdoor lighting. 6. Parking. The zoning ordinance requires a minimum of 64 customer and employee parking spaces per the sales and service and repair uses onsite. The applicant proposes 65 customer and employee parking spaces which will be designated and marked on the property. This requirement is met. 7. Setbacks. The required and proposed setbacks for the building and parking in the C-2 Zoning District are detailed in Table 1 below. This requirement is met. Table 1 8. Signage. City Code requires all signage to be located on the property where the use being advertised is occurring. A new sign Kia sign is proposed near the west entrance drive at Wayzata Boulevard. This sign will be backlit, and meets the height and size requirements of the Code. 9. Utilities. The Zoning Ordinance requires all utilities for new construction to be buried underground. The development intends to use existing utilities, which are currently underground. CONDITIONAL USE PERMIT REVIEW Motor vehicle sales. The conditions are as follows: a. No previously registered but currently unlicensed or nonoperable vehicles shall be stored on premises. This is a condition of approval. b. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. This is a condition of approval. c. All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. This is a condition of approval. d. The building and the sales or rental lot shall be on one contiguous site. This condition will be met once the parcels are combined. A lot combination is a condition of approval. Setbacks Building Parking Required Minimum Provided Required Minimum Provided Front (North) 5 feet ~ 90 feet 5 feet Min. 14.6 feet Side (East) 15 feet 78 feet 5 feet Min. 5.5 feet Side (West) 15 feet 84 feet 5 feet 10.5 feet Rear (South) None required 161 feet 5 feet 11.9 feet City Council Meeting of November 17, 2014 (Item No. 8b) Page 4 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership e. String lighting shall be prohibited. This is a condition of approval. f. The area of open sales or rental lot used for storage and display of merchandise shall not exceed two square feet for every one square foot of building on the site devoted to the same or a similar use or accessory use. This condition is met. The sales area of the proposed building is 12,241 square feet so 24,482 square feet are allowed for open sales. The area proposed for open sales is approximately 20,256 square feet. g. No test driving shall be permitted on local residential streets. This is a condition of approval. h. No outdoor public address system shall be permitted. This is a condition of approval. i. All customer and employee parking shall be clearly designated and signed. This is a condition of approval. j. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. This is a condition of approval. An illustration of transport vehicle movement is attached. k. No display or storage of motor vehicles shall be permitted on any public right-of way. This is a condition of approval. l. The storage lot shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03) This condition is met. m. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. This condition is met. The property is designated Commercial in the Comprehensive Plan. Motor vehicle service and repair. The conditions are as follows: a. No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. This is a condition of approval. b. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. This is a condition of approval. c. Test driving shall be prohibited on any street in an R or O district. This is a condition of approval. City Council Meeting of November 17, 2014 (Item No. 8b) Page 5 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. This condition is met. e. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel within 100 feet, the building shall be located a minimum of 95 feet from said parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03) This condition is met. Land Reclamation: The conditions are as follows: Equipment and Fill Equipment used in the grading and fill of the site will consist of typical heavy construction vehicles such as bulldozers, dump trucks, backhoes and bobcats. The material to be used on site will be appropriate for the purpose and certified by licensed geotechnical engineers and special inspectors through the grading process. Haul Route and Duration The properties are located on Wayzata Boulevard. The properties will be accessed from Interstate 394 and Wayzata Boulevard via the Louisiana Avenue or Xenia/Park Place exits. Trucks will not travel on local residential streets. Site preparation work, such as demolition, is anticipated to begin in December 2014. Construction of the perimeter retaining wall, installation of the underground storm water system and the import of fill is anticipated to take place in the spring of 2015. Site Safety and Control of Material All fire safety requirements will be adhered to throughout the construction process and general maintenance of the site will be provided. Trucks hauling material to the site will use secured tarps or covers over the truck beds and fill material will be compacted as it is brought on site and standard practices will be used to limit material from blowing off-site. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing on September 17, 2014 regarding the CUP. No one was present to speak and no comments were submitted. The Planning Commission recommended approval of the CUP with staff recommendations. An excerpt of the Planning Commission meeting minutes are attached. City Council Meeting of November 17, 2014 (Item No. 8b) Page 6 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Aerial Photo City Council Meeting of November 17, 2014 (Item No. 8b) Page 7 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership RESOLUTION NO. 14-____ A RESOLUTION GRANTING CONDITIONAL USE PERMITS RELATING TO ZONING TO PERMIT GRADING, MOTOR VEHICLE SALES, SERVICE AND REPAIR FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 6475 AND 6501 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. NLD 394 LLC 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 grading land and Section 36-194 permitting motor vehicle sales, service and repair within a C-2 General Commercial District located at 6475 and 6501 Wayzata Boulevard for the legal description as follows, to-wit: Lots 3 and 4, Block 1, Lou Park Addition, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-21-CUP) and the effect of the proposed car dealership 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 car dealership 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 car dealership is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14-21-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow grading, motor vehicle sales, and service and repair at the location described is granted based on the findings set forth above and subject to the following conditions: The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. City Council Meeting of November 17, 2014 (Item No. 8b) Page 8 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership 1. All conditions for storm water management shall be met. 2. Prior to any land disturbing activities, excluding building demolition, the following conditions shall be met: a. All necessary permits must be obtained, including from the Bassett Creek Watershed District. b. Trucks bringing fill to the site must adhere to the haul route as outlined in the Official Exhibits. c. Certification must be provided that fill material to be used on site is clean and meets industry standards for the purpose. 3. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and irrigation, storm water management, and the repair/cleaning of public streets and utilities. b. The two subject properties must be combined into one parcel and proof of recording the combination with Hennepin County must be provided to the City. c. Applicant shall submit cash in lieu of caliper inches required, per the City’s tree replacement calculation, per caliper inch not provided on the site. d. Assent form and official exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner). 4. The applicant shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. All utilities shall be buried. 6. No previously registered but currently unlicensed or inoperable vehicles shall be stored on premises. 7. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. 8. Inventory sold on the open lot must be the same, or associated with inventory sold within the building. 9. String lighting shall be prohibited. 10. No test driving shall be permitted on local residential streets. 11. No outdoor public address system shall be permitted. 12. Parking spaces for customers, employees, and inventory shall be signed and used as indicated on the Official Exhibit. 13. No motor vehicle transport stopping, loading or unloading shall be permitted on any public street. The property owner is responsible for any damage to public right-of- way property and infrastructure and will be required to cover any expenses related to the repair of such damage. City Council Meeting of November 17, 2014 (Item No. 8b) Page 9 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership 14. No display or storage of motor vehicles shall be permitted on any public right-of-way. 15. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 16. Approval of a Building Permit, which may impose additional requirements. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of November 17, 2014 (Item No. 8b) Page 10 Title: Conditional Use Permits for Grading, Motor Vehicle Sales, Service and Repair for New Kia Dealership Excerpt of Planning Commission Minutes September 17, 2014 3. Public Hearings A. Conditional Use Permit for Motor Vehicle Sales, Service and Repair for new Kia Dealership Location: 6475 and 6501 Wayzata Boulevard Applicant: NLD 394 LLC Case No.: 14-21-CUP Ryan Kelley, Associate Planner, presented the staff report. Mr. Kelley noted that the application also includes a conditional use permit for land reclamation. Commissioner Peilen asked about conditions of approval that are specific to this request. Mr. Kelley responded that a specific condition of approval relates to the FEMA Letter of Map Revision that must be approved. John Fuller, architect, Coleridge Partners, stated that Mr. Kelley covered all areas of the request. Commissioner Kramer asked about the FEMA map revision in light of recent rain and floods. Mr. Kelley said the flood plain of the property is called an unnumbered A which means a base flood elevation had not been established. There is the opportunity to have a consulting firm or engineer establish that elevation which is then reviewed by FEMA, then the property may be removed from floodplain designation. Chair Carper asked Mr. Fuller if any type of energy conserving lighting will be used for the project. Darwin Lindahl, Darwin Lindahl Architects, said LED will be used for the site lighting and for some interior lighting. The Chair asked if any solar power will be used. He asked if the site would include a green roof to mitigate some of the runoff. Mr. Lindahl responded that solar power will not be used, nor will a green roof be installed. Colors will be chosen to reduce heat gain, however. The Chair opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Robertson said he was looking forward to seeing a new business and activity on the site and it will be a nice addition to St. Louis Park. The Chair said he was also looking forward to the development. Commissioner Kramer made a motion to recommend approval of the Conditional Use Permit for motor vehicle sales, motor vehicle service and repair, and land reclamation. Commissioner Robertson seconded the motion, and the motion passed on a vote of 6-0. Meeting: City Council Meeting Date: November 17, 2014 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: Methodist Hospital PUD Minor Amendment for Landscaping RECOMMENDED ACTION: Motion to Adopt Resolution Approving a Minor Amendment to the Final Planned Unit Development (PUD) for Methodist Hospital. POLICY CONSIDERATION: Will the changes proposed to the existing landscaping features continue to provide adequate screening for adjacent residential properties and aesthetic interest to the hospital campus? SUMMARY: Methodist Hospital is requesting a Minor Amendment to its PUD for changes to its landscaping along the east 50 feet of the hospital campus. Xcel Energy contacted Park Nicollet Methodist Hospital in early 2014 regarding plantings that do not comply with Xcel Energy’s Vegetation Management clearance guidelines. Xcel maintains 115kv overhead transmission lines within a 50 feet wide easement along the eastern boundary of hospital campus at 6500 Excelsior Boulevard. The easement has been in place since 1959. Xcel does not allow any plantings within its easement that can exceed 15 feet in height. The majority of the plantings in this area were installed as part of hospital expansion projects in 2003 and 2007 and were approved by St. Louis Park. Many of the trees that were planted are coniferous trees with a mature height of up to 85 feet, or Crabapple trees that also grow taller than 15 feet. Although the tallest tree varieties were planted to the side of (not directly under) the transmission lines, they are within the easement. Several non-compliant trees were removed or topped by Xcel this year. Xcel notified the hospital that any remaining noncompliant trees will be removed in four years. Methodist Hospital’s proposed tree removal plan takes out 97 significant trees. The proposed Landscape Plan would plant 195 new trees, 513 new shrubs, and 495 new perennials and grasses. The plan provides a variety of plantings, visual interest throughout the year, and the best screening possible for neighboring residential properties – within the strict limitations of Excel Energy’s rules. The plan was developed with input from residents at two meetings at the hospital and one at the Brooklawns annual block party. The plan would be implemented in phases over the next four years. Xcel Energy and Methodist Hospital submitted with the application an executed copy of an Xcel Energy Encroachment Agreement for the proposed Tree Planting/Landscape Plan on the Xcel Energy Easement dated October 27, 2014 (attached). SUPPORTING DOCUMENTS: Resolution Xcel Energy Encroachment Agreement Easement Area Landscaping Plans (Plant Palette, Landscape Removals, Plan, Details) Prepared by: Sean Walther, Senior Planner Reviewed by: Michele, Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of November 17, 2014 (Item No. 8c) Page 2 Title: Methodist Hospital PUD Minor Amendment for Landscaping RESOLUTION NO. 14-____ Amends and Restates Resolution Nos. 03-174, 07-083, 07-165 and 08-077 RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 03-174, 07-083, 07-165 AND 08-077 AND APPROVING A MINOR AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR CHANGES TO THE LANDSCAPING PLAN FOR PROPERTY ZONED R-C MULTI-FAMILY RESIDENTIAL LOCATED AT 6500 EXCELSIOR BOULEVARD METHODIST HOSPITAL WHEREAS, Park Nicollet Health Services has made application to the City Council for a Minor Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code for changes to the approved Landscape Plan at 6500 Excelsior Boulevard within a R-C Multi-Family Residential Zoning District having the following legal description: Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, described as follows: Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter, thence North to a point 90 feet South of the South line of Calhoun Street, thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mount St., extended; thence North along said line and the West line of Mound St. 202.5 feet; thence West parallel with the extension of the South line of Calhoun St., 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21 excepting there from that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the City Council Meeting of November 17, 2014 (Item No. 8c) Page 3 Title: Methodist Hospital PUD Minor Amendment for Landscaping South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Subject to a power line easement over a strip of land 35 feet in width as set forth in the record, Book 1045 of Deeds, page 41, the center line of which strip was described as follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said Section 20, thence North parallel to East section line and equidistant therefrom to the South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East section line; thence North and parallel to said section line to a point 128 1/2 feet West of said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the Village of St. Louis Park all as shown by plat on file herein of which a certified copy shall be filed with the Registrar of Titles. WHEREAS, the City Council considered the information related to Planning Case Nos. 03-44-PUD, 03-61-VAR, 07-25-PUD, 07-54-PUD, 08-19-PUD and 14-26-PUD, and the effect of the proposed developments on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a Final Planned Unit Development (Final PUD) with variances from sign requirements was approved regarding the subject property pursuant to Resolution No. 03-174 of the St. Louis Park City Council dated November 17, 2003 which contained conditions applicable to said property; and WHEREAS, the St. Louis Park City Council approved a Major Amendment to a Final PUD pursuant to Resolution No. 07-083 dated August 6, 2007 to allow a 77,000 square foot Cancer Center building addition and five-level parking structure which contained conditions applicable to said property; and WHEREAS, the St. Louis Park City Council approved a Minor Amendment to a Final PUD pursuant to Resolution No. 07-165 dated December 17, 2007 to allow relocation of the helistop which contained conditions applicable to said property; and WHEREAS, the St. Louis Park City Council approved a Minor Amendment to a Final PUD pursuant to Resolution No. 08-077 dated June 2, 2008 to allow an addition to the Emergency Center which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of Resolution Nos. 03-174, 07-083, 07-165, and 08-077 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 14-26-PUD are hereby entered into and made part of the public record of decision for this case. City Council Meeting of November 17, 2014 (Item No. 8c) Page 4 Title: Methodist Hospital PUD Minor Amendment for Landscaping CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution Nos. 03-174, 07-083, 07- 165, and 08-077 are hereby restated and amended by this resolution, which continues and amends a Final Planned Unit Development to the subject property for changes to the Landscaping Plan with the following conditions: A. Variance from sign ordinance requirements to allow additional sign area, permit the exemption of on-site private directional signs in excess of 4 square feet, a 1- foot sign setback, and two signs per street frontage is approved based on the following findings: 1. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and no not apply generally to other land or structure in the district in which such land is located. 2. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right. 3. The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated, or be contrary to the intent of the Comprehensive Plan. 4. The granting of the variance is necessary to correct inequities resulting from an extreme physical hardship such as topography. 5. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonable increase the congestion in the public streets, increase danger of fire, or endanger the public safety. B. The sign variances are granted based upon the findings set forth above and subject to the following conditions: 1. Illuminated signage, excluding emergency signs, shall be prohibited on the on the east elevation of the ramp and of the hospital. 2. The variance excludes a 208 square foot wall sign on the east elevation and reduces a 157.5 wall sign on the east elevation to a maximum of 60 square feet. 3. The variances approve a maximum of 1500 square feet of total sign area, two wall signs 376 square foot each, and a maximum of 304.5 square feet for monument identification signs. C. The site shall be developed, used and maintained in accordance with the following Official Exhibits, which shall be amended prior to signing to meet the conditions of Final PUD approval: Exhibit A – General Development Plan Exhibit B – Existing Site Conditions (C1.1 & C1.2) Exhibit C – Demolition Plan (C1.3) Exhibit D – Phase I Site Plan (C2.1) Exhibit E – Site Plan (C2.2 & C2.3) Exhibit F – Grading & Erosion Control Plan (C3.1 & C3.2) Exhibit G – Utility Plan (C4.1) Exhibit H – Site Lighting Plan (E2.1) Exhibit I – Tree Removal Plan (L1.1) Exhibit J – Landscape Plan (L2.1 & L2.2) Exhibit K – Exterior Elevations (A301, A302, A301P, A302 & Colored Renderings) Exhibit L – Sign Plan Exhibit M – Cross Sections (XXX) City Council Meeting of November 17, 2014 (Item No. 8c) Page 5 Title: Methodist Hospital PUD Minor Amendment for Landscaping D. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District and Hennepin County requirements. E. Prior to any site work, the developer shall meet the following requirements: 1. A copy of the Watershed District permit shall be forwarded to the City. 2. Any other necessary permits from other agencies shall be obtained (i.e. Hennepin County). 3. Sign assent form and Final PUD official exhibits, as revised to eliminate valet parking stalls and meet all condition of Final PUD approval. 4. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. 5. A development agreement shall be executed between the developer and the City, which covers at a minimum, sidewalk construction and maintenance, repair and cleaning of public streets, construction conditions, off site infrastructure improvements and cost share formulas, off-site parking, and criteria for administrative amendments to the PUD. The Mayor and City Manager are authorized to execute this agreement. 6. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of sidewalk installation and repair/cleaning of public streets, and tree replacement. 7. Reimbursement of City attorney’s fees in drafting/reviewing such documents. 8. Tree protection fencing must be installed and maintained throughout construction. 9. A parking agreement must be recorded prohibiting the applicant assigning their parking lease to another entity. F. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. Building materials samples/colors shall be submitted to and approved by City. 3. An irrigation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. 4. Revised ramp elevations showing a 5-foot architectural (brick) wall on the east side or an equivalent alternative, and additional brick on the west side in keeping with other elevations and elimination of cable per Chief Building Official shall be submitted and approved by the Zoning Administrator. G. A PUD ordinance modification to allow the existing hospital building to be 8 stories rather than the required 6 as shown on the signed official exhibits is contingent upon final PUD approval. H. A PUD ordinance modification to allow the 6 story/74 foot (elevation 974 feet) tall Heart & Vascular Center to include 18 foot tall penthouse for mechanical equipment (total building and penthouse height of 92 feet, elevation of 992 feet 1 ½ inches) is contingent upon final PUD approval and approval of exterior materials. I. Methodist’s campus design should generally adhere to the principles set forth in the November 10, 2003 design plan document. J. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 2. Loud equipment shall be kept as far as possible from residences at all times. City Council Meeting of November 17, 2014 (Item No. 8c) Page 6 Title: Methodist Hospital PUD Minor Amendment for Landscaping 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The developer or owner shall provide temporary sidewalks as needed during construction to meet Public Works Department and Metro Transit’s requirements and the Excelsior Blvd access and north-south roadway shall remain open as needed to provide adequate transit service. 6. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. K. The usable floor area of the Heart & Vascular Center is limited to no more than 6 stories (192,950sq. ft.) as shown on the official exhibits. The 13,500 sq. ft. penthouse may only be used to store mechanical equipment. L. The parking ramp may have no more than 500 parking spaces and four levels, two above ground level with a maximum elevation of 925 feet 4 inches (or 23.42 feet) including a 42 inch safety rail. A 3 foot high parapet screen wall is permitted on top of safety rail and is required along the north, south and east elevation of the ramp. M. The applicant shall require delivery vehicles to use Louisiana Avenue entrance as the “official” delivery truck/service entrance. N. Hennepin County shall approve the final design of the Excelsior Blvd entrance and all necessary permits must be obtained. Emergency Vehicle Preemption (EVP) devices shall be installed on the signal upgrades if feasible. O. Within six years from Final PUD approval the lights in the north parking lot will be updated to eliminate direct illumination and glare onto residential properties per City Ordinance. P. All nonconformities, including parking lot design and bufferyards, will be brought into compliance with any future expansion of occupiable floor area or any future reconstruction of the Orange parking lot or a new Orange ramp to the extent reasonable and possible as determined by the City via the PUD amendment process. Q. Prior to the installation of any signs, including temporary signs or new sign faces, the applicant shall obtain sign permits. Illuminated signage, excluding emergency signs, shall be prohibited on the ramp and above the second level of the east elevation of the hospital. R. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. S. Phase II is approved in general concept only and is required to obtain future Preliminary and Final PUD approval. T. The development agreement shall include provisions relating to the cost share formula between the applicant and City regarding various off-site infrastructure improvements. The cost share allocation shall be pursuant to a memo from SRF Consulting dated 7/20/03 and revised on 10/02/03 on file at City Hall. The development agreement shall contain a provision allowing for the applicant’s share of the off-site improvements to be specially assessed U. The Planned Unit Development shall be amended on August 4, 2007 to incorporate all of the preceding conditions and add the following conditions related to the Cancer Center addition and five-level parking ramp: 1. The approval is contingent upon the Federal Emergency Management Agency approval of the Letter of Map Revision amending (lowering) the base flood elevation to 889.9. City Council Meeting of November 17, 2014 (Item No. 8c) Page 7 Title: Methodist Hospital PUD Minor Amendment for Landscaping 2. The approval is contingent upon the City of St. Louis Park amending its zoning ordinance to adopt the base flood elevation of 889.9 approved by FEMA. 3. The applicant shall submit a proof-of-parking plan for the Methodist Hospital Campus providing the remaining 145 bicycle parking stalls required by City Code. 4. The site shall be developed, used and maintained in accordance with the following Official Exhibits: a. General Development Plan (Sheet 106) b. Existing Site Conditions (Sheet 200.C10) c. Demolition Plan (Sheet 200.C11) d. Site Plan (Sheet 200.C21) e. Grading & Erosion Control Plan (Sheet 200.C31) f. Utility Plan (Sheet 200.C41) g. Landscape Plan (Sheets 200.L21, 200.L21A, 200.L21B, 200.L21C, 200.L71) h. Site Lighting Plan (Sheets E.1, E.2, E.3, E.4, E.5, E.6, E.7, E.8, E.9) i. Exterior Elevations (Sheets 510, 511, 512, 513) 5. Prior to any site work, the applicant shall meet the following requirements: a. Applicant and owner must sign Assent Form and Official Exhibits. b. The applicant shall provide a copy of the Minnehaha Creek Watershed District permit to the City of St. Louis Park. c. Any other necessary permits from other agencies shall be obtained (i.e. Hennepin County, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, etc.). d. Obtain the required Erosion Control, Right-of-way, Utility and other permits required by the City, which may impose additional conditions. e. A development agreement shall be executed between the applicant and the City of St. Louis Park, which addresses, at a minimum, traffic signal installation at Oxford Street and Louisiana Avenue, repair and cleaning of public streets, criteria for administrative amendments to the PUD. f. A preconstruction conference shall be held with the appropriate development, construction, city and other agency representatives. g. A staging plan for demolition and construction shall be filed with the City. h. The applicant shall reimburse the City for City attorney fees in preparing and reviewing the PUD development agreement. i. The applicant shall submit a financial guarantee in the form of cash escrow or letter of credit in the amount of 125% of the costs of public infrastructure, exterior lighting, surface parking and driveways, and landscaping improvements. 6. Prior to the issuance of any building permits, the applicant shall meet the following conditions: a. Submit building materials and samples to the City of St. Louis Park for review and approval. b. A Development Contract shall be signed and financial guarantees shall be in place. c. Any future modifications to sign plan may be approved administratively with a sign permit, provided the total sign area is not increased (excluding directional signage) and no new variances are required. 7. The developer shall comply with the following conditions during construction: City Council Meeting of November 17, 2014 (Item No. 8c) Page 8 Title: Methodist Hospital PUD Minor Amendment for Landscaping a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. weekdays, and 10 p.m. and 9 a.m. on weekends and holidays. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 8. The project shall be constructed in accordance with the official exhibits. 9. All nonconformities, including parking lot design, lighting, landscaping and screening will be brought into compliance prior to issuance of the Final Certificate of Occupancy for the Cancer Center building addition. 10. Approval of a Building Permit, which may impose additional requirements. V. The Planned Unit Development shall be amended on December 17, 2007 to incorporate all of the preceding conditions and add the following conditions for relocating the helistop to the rooftop of the west tower: 1. The site shall be developed, used and maintained in accordance with the following Official Exhibits: a. General Development Plan b. Helistop General Arrangement (Sheet H-1) c. Helistop Electrical Arrangement (Sheet E-1) d. Exterior Elevation 2. Prior to the issuance of building permits the applicant and owner must sign the Assent Form and Official Exhibits. 3. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. weekdays, and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. W. The Planned Unit Development shall be amended on June 2, 2008 to incorporate all of the preceding conditions and add the following conditions for an addition to the Emergency Center: 1. The site shall be developed, used and maintained in accordance with the following Official Exhibits: a. General Development Plan b. Existing Conditions (Sheet C1.1) c. Demolition Plan (Sheet C1.2) d. Site Plan (Sheet C2.1) e. Preliminary Grading, Drainage and Erosion Control Plan (Sheet C3.1) f. Landscape Plan (Sheet L2.1) g. First Floor Existing Plan (Sheet AE101) City Council Meeting of November 17, 2014 (Item No. 8c) Page 9 Title: Methodist Hospital PUD Minor Amendment for Landscaping h. Proposed First Floor Plan (Sheet A101) i. Building Sections (Sheets A401, A402) j. Photometric Plan 2. Prior to the issuance of building permits the applicant and owner must sign the Assent Form and Official Exhibits. 3. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. weekdays, and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. X. The Planned Unit Development shall be amended on November 17, 2014 to incorporate all of the preceding conditions and add the following conditions for changes to the Landscaping Plan: 1. The site shall be developed, used and maintained in accordance with the following Official Exhibits: a. Landscape Removals (Sheet L1.2) b. Landscape Plan (Sheet L2.1) c. Landscape Details (Sheet L3.1) 2. The landscape details shall be amended to follow the City’s planting specifications for trees and shrubs. 3. Prior to any land disturbing activities the applicant and owner must sign the Assent Form and Official Exhibits. 4. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. weekdays, and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Reviewed for Administration: Adopted by the City Council November 17, 2014 City Manager Mayor Attest: City Clerk NOV 0 4 ·20 14 (l Xcel Energy NORTHERN STATES POWER 10/27/2014 Duane Spiegle VP, Real Estate & Sppt Services Park Nicollet Health Services Methodist Hospital 6500 Excelsior Blvd St. Louis Park, MN, 55426 ENCROACHMENT AGREEMENT Tree Planting/ Landscape Plan on Xcel Energy Easement Line 0857/0896 SEl/4 NEI/4, Sec. 20, T 117, R 21, Hennepin County Dear Mr. Duane Spiegle; 414 NICOLLHTMALL, MP-7 MINNEAPOLIS, MN 55401 Emailed Duane.Spiegle@ParkNicollet.com Please be advised that this Enc•·oachmcnt Agreement is not effective until signed and returned to Xccl Energy within 30 days of the date of this lcttct', after that period it is NULL and VOID. Our Vegetation Management Supervisors have reviewed the landscape plan submitted by D anyelle Pierquet of Landform Professional Services, LLC to plant trees and other vegetation with the Xcel Energy easement at 6500 Excelsior Blvd. The encroachment is acceptable to Xcel Energy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Energy's transmission lines are complied with during construction and subsequent operation, maintenance and future decommissioning of the requested facility. SCOPE OF PROJECT. This project consists of the planting of Russian Cypress, Blue Chip Juniper, Mugho Pine, Hemlock Dawsoniana, Teclmy Arborvitae, Neon Flash Spirea, Cardinal Red Oser Dogwood, Little Princess Spirea, Snowball Viburnum , Staghorn Sumac, Common Purple Lilac, Compact American Cranberry Bush, Nanking Cheny, Pink Spires Crabapple, Prairie Dropseed, Moonbeam Coreopsis, Silver Mound Attemisia, and Stella D'oro Daylily with a mature height of I 5 feet or less within the ease ment on the prope1ty as described above, which contains two 115kv transmission lines crossing this strip of land. Xcel Energy expressly reserves the right to remove fi·om said strip of land/ easement any tree or structure not conforming to the guidelines of this agreement, during maintenance of the lines and structures, or in emergency situations. City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 10 ( l) Excavation close to stl'Uctnre location. A minimum distance of ten feet (1 0'-0") of suppmted eatth must be maintained from any patt of the line structure. Suppmt of the ground beyond the ten (10' -0") feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Supp01t may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval pl'ior to construction stmt. (2) Grade change arou111l structure location. Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff -no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the requestor's expense. (3) G..ade change within easement. The ground elevation within the easement shall not be increased above the existh1g gmde. Stockpiling of soil and/or material within the easement will not be permitted. ( 4) Clearances to equipment and workers. A working clearance of twenty feet (20 '-0") between the electrical conductors and any cmnes or digging equipment used at conductor elevation in or neat' the easement and a clearance of eleven feet (11' -0") to the physical proximity of workers must be maintained at all times. In addition, any constmction near the transmission line(s) shall comply with all OSHA Safety Clearmtces. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by callmg Xcel Energy's System Control department (Steve Rollin 612/330-2875). Adequate advanced notice must be provided in order to schedule a !me outage, if an outage is available. The p1·eceding two paragraph(s) must be inclmled in a pl'Ominent location on the plan sets and specifications given to contractors. (5) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy in advance of construction for review and approval prior to construction statt. Generally shmter varieties of trees and shrubs, 15 feet or less mature height, may be considered. If planting is permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure sites. If the tree(s) or vegetation exceed 15ft or do not follow Xcel Energy Vegetation Management cleamnce guidelines they will be pruned or removed in accordance to the casement provisions. (6) Building on easements. There shall be no permanent ot· tempomry building allowed within the easement area (7) Fuel ami refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 11 OCTOBER 2014 Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Plant Palette City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 13 City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 14 NAMECOUNT KEYCOMMON NAMESCIENTIFIC NAMEMATURE SIZE PLANTING SIZE ROOT COND.PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.BYDATEDATEREVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYTITLESHEETPROJECTSHEET INDEXREVISION HISTORYCERTIFICATIONPROJECT MANAGER REVIEWLANDFORMcLandform and Site to Finish are service marks of Landform Professional Services, LLC.OWNERMUNICIPALITYDP10.17.201410.17.2014PNS140102014I hereby certify that this plan was prepared by me, or under my directsupervision, and that I am a duly Licensed Landscape Architect under thelaws of the state of MINNESOTA.Signature shown is a digital reproduction of original. Wet signed copy ofthis plan on file at Landform Professional Services, LLC office and isavailable upon request.Danyelle P. PierquetLicense No:Date:LEGENDNORTH0 20 40PLANTING SCHEDULEL201PNS010LANDSCAPE PLANL2.1PHASINGLANDSCAPE NOTESSCALE 1:20ZONE 1SCALE 1:20SCALE 1:20ZONE 2ZONE 3ZONE KEY123ZONE 1ZONE 2ZONE 3City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 15 City Council Meeting of November 17, 2014 (Item No. 8c) Title: Methodist Hospital PUD Minor Amendment for Landscaping Page 16