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HomeMy WebLinkAbout2007/07/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS July 16, 2007 7:30 p.m. 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Minnesota Recreation and Parks Association Award 3. Approval of Minutes 3a. City Council Minutes of June 18, 2007 3b. Study Session Minutes of June 18, 2007 3c. Study Session Minutes of June 25, 2007 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. Action: Motion to approve the agenda as presented and to approve items on the consent calendar. (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar.) 5. Boards and Commissions – None 6. Public Hearings 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Second Reading of Ordinance amending City Code Rental Housing Sections 8-327, 8-328, 8-331, and 8-332, approve summary and authorize publication. This report requests that the City Council adopt the proposed ordinance intended to enhance the rental licensing program with the addition of Crime Free/Drug Free Disorderly Use components. Recommended Action: Motion to approve Second Reading of Ordinance amending City Code Section 8-327 Rental Housing required application information; adding Sections 8-328 Crime Free/Drug Free Training, 8-331 Crime Free/Drug Free and Disorderly Use Lease requirements, and 8-332 Administrative License Violation Fee, approve summary and authorize publication. 8b. Major Amendment to Special Permit for Youngstedts Mobil This report requests that the City Council adopt a Resolution to approve a major amendment to the special permit. Recommended Action: Motion to approve the major amendment to the special permit subject to conditions. 8c. Preliminary & Final Plat of Willie Howard Addition (9340 West 28th Street) The application is to split a single lot into two. Recommended Action: Motion to approve the Preliminary & Final Plat of Willie Howard Addition, subject to conditions. 8d. Replace/Upgrade Commercial Water Meters – City Project No. 2007-1200 This report requests the City Council to authorize the replacement of 331 Commercial water meters and upgrading all 783 commercial water meters from a manual to a radio read system. Recommended Action: Motion to adopt Resolution accepting the Project Report, establishing and ordering Improvement Project No. 2007-1200, approving plans and specifications, and authorizing advertisements for bids. 9. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JULY 16, 2007 SECTION 4: 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 Council member or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to Adopt Resolution of Support for Trunk Highway 7/Wooddale Avenue Interchange Improvements. 4b. Motion to Adopt Resolution of Support for the Trunk Highway 100 Full Build Project. 4c. Motion to Approve the second reading, the summary ordinance and authorize publication for the Vacation of a Portion of the 26th Street Right-Of-Way. 4d. Motion to cancel public hearing to vacate easements and right-of-way on the Bass Lake redevelopment site. 4e. Motion to approve committee to review retail layout and public spaces for the proposed Duke development. 4f. Motion to authorize staff to purchase network disaster prevention and recovery solution from Xiotech. 4g. Motion to Authorize Execution of Maintenance Agreement Between the City of St. Louis Park and the Minnehaha Creek Watershed District (MCWD) for Dakota Park Stormwater Improvements (City Project 2003-1300). 4h. Motion to Adopt Resolution of Support for Trunk Highway 7/Louisiana Avenue Interchange Improvements. 4i. 2007 Street Sealcoat Project Bid Tabulation: Motion to designate Pearson Brothers, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $197,586.45 for the 2007 Street Sealcoat Project, No. 2007-0001. 4j. Motion to Approve Resolution Establishing a Special Assessment for the Repair of the Water Service Line at 4341 Browndale Avenue South. 4k. Motion to Receive Donations. 4l. Motion to Authorize Execution of Maintenance Agreement Between the City of St. Louis Park and the Minnehaha Creek Watershed District (MCWD) for Aquila Park Tennis Court addition. 4m. Resolution Accepting Work on Roof Replacement City Hall Project No. 2008-1300 Contract No. 07-07. 4n. Motion to accept for filing Planning Commission Minutes June 6, 2007 4o. Motion to accept for filing Human Rights Commission Minutes May 15, 2007 4p. Motion to accept for filing Planning Commission Minutes June 20, 2007 4q. Motion to accept for filing Housing Authority Minutes May 9, 2007 4r. Motion to accept for filing Vendor Claims. AGENDA SUPPLEMENT ST. LOUIS PARK CITY COUNCIL MEETING ***JULY 16, 2007*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Meeting Item: 071607 - 2a - Minnesota Recreation and Parks Award Page 1 Mayor to thank the Minnesota Recreation and Parks Association for award and introduce: Donna Tilsner, Awards Committee Member, City of Edina 2a. Minnesota Recreation and Parks Association Award Parks & Recreation BACKGROUND: The City of St. Louis Park Parks and Recreation Department submitted an application to the Minnesota Recreation and Parks Association for its Award of Excellence in the category of Park and Facility for the Westwood Hills Nature Center Environmental Improvement Project. The project involved converting an existing underutilized neighborhood park to a storm water filtration pond which is governed by the Bassett Creek Watershed District, replacing the playground equipment that was located in this neighborhood park with an environmentally friendly playground design at the Nature Center, and adding a three-season programming building to the Nature Center area. The funding came from the Park Improvement Fund, the Storm Water Fund, and the Bassett Creek Watershed District. This project encompassed several projects that together were planned and coordinated. It involved a number of city staff including: Scott Brink, Jim Olson, Rick Beane, Cindy Walsh, Mark Oestreich, Jim Vaughan, and Rick Birno. The Bassett Creek Watershed District was an excellent partner on this project. The City of St. Louis Park Parks and Recreation Department thanks the Minnesota Recreation and Parks Association for recognizing the Westwood Hills Nature Center for its Environmental Improvement Project and receiving its Award of Excellence. Prepared by: Cindy Walsh, Director of Park and Recreation Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 18, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, and Susan Sanger. Councilmembers absent: C. Paul Carver. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Coordinator (Mr. Zwilling), Inspections Director (Mr. Hoffman), Parks & Recreation Director (Ms. Walsh), City Clerk (Ms. Stroth), Police Chief (Mr. Luse), Asst. Zoning Administrator (Mr. Morrison) and Recording Secretary (Ms. Schmidt). 2. Presentations 2a. Service Recognition Al Luedtke 27 Years Mayor Jacobs recognized Al Luedtke for his excellent and dedicated service in the Parks and Recreation Department since November 1979. 2b. Proclamation Japs Olson 100th Anniversary Mayor Jacobs read and presented Proclamation to Michael Beddor of Japs Olson for celebrating its 100th year Anniversary. 2c. Life Saving Commendation Mayor Jacobs presented Anthony Troy and Kenneth Callahan-Boudereaux with Citizen Commendations for their lifesaving efforts, rescuing two juvenile males who fell through the ice on Victoria Lake. 3. Approval of Minutes 3a. Study Session Minutes of May 29, 2007 It was noted on page 2, second paragraph, third sentence, it should state: “Councilmember Finkelstein stated they shouldn’t allow people to misuse the system.” The minutes were approved as amended. St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 2 3b. City Council Minutes of June 4, 2007 The minutes were approved as presented. 3c. Study Session Minutes of June 11, 2007 It was noted on page 1, seventeenth paragraph, it should state: “… to have staff pursue a second off leash dog park, just west of the Louisiana Avenue water tower.” The minutes were approved as amended. 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. Second Reading of Ordinance No. 2332-07 Amending City Code Section 8-257, Establishing a Class S License for Seasonal Concession Food Stands. 4b. Motion to Approve Temporary On-Sale Intoxicating Liquor License for Frank Lundberg American Legion Post 282, 5605 W. 36th Street. 4c. Motion to Reject All Bids Received for the Purchase of an Asphalt Paver and Authorize Re-bid with Revised Specifications. 4d. Motion to Approve Agreement with Benilde-St. Margaret for Tennis Courts at Aquila Park. 4e. Motion to Authorize Execution of Joint Powers Agreement Between the City of Edina and the City of St. Louis Park to Establish the Responsibilities of the Cities Concerning the Sale of Water by St. Louis Park to Customers in Edina. 4f. Motion to Approve Resolution No. 07-070 Accepting Work on Edgebrook Park Trail Improvement Project 2004-0301. 4g. Bid Tabulation: Motion to Designate Insituform Technologies USA, Inc. the Lowest Responsible Bidder and Authorize Execution of Contract with the Firm in the Amount of $157,788.00 for Project Nos. 2006-2200 and 2007-2200. 4h. Motion to Accept for Filing Planning Commission Minutes 051607. 4i. Motion to Accept for Filing Police Advisory Commission Minutes 050207. 4j. Motion to Approve Resolution No. 07-071 Recognizing the Contributions of and Expressing Appreciation to Al Luedtke. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 3 6a. First Reading Request for Vacation of a Portion of the 26th Street Right-of- Way (2548, 2552 Monterey Avenue South). Mr. Morrison presented the staff report. Mayor Jacobs opened the public hearing at 7:40 p.m. Mr. Ferraro, owner and applicant of 2552 and 2548 Monterey Avenue South, stated he was available for any questions. Councilmember Finkelstein asked if this variance was approved, could it make it easier to sub-divide in the future. Mr. Morrison stated the applicant had an application earlier this year to divide the parcel into two; however, the applicant withdrew that application and decided to create one lot. He also stated that a variance would still be needed if they wanted to create a second lot. Councilmember Finkelstein asked if the applicant could apply for a second variance in the future. Mr. Morrison stated yes, they could. Mr. Ferraro stated he has submitted plans for a major renovation to the existing home, stating there would be no space to divide the parcel. Councilmember Finkelstein asked if he was the owner of the post-modern home on Inglewood Avenue, stating it took about seven years to complete that project. Mr. Ferraro stated that was correct, it was a lengthy project and that would not be the case here. Councilmember Finkelstein asked Mr. Ferraro if they denied the variance, would he still go ahead with the building project. Mr. Ferraro stated there is nothing to keep him from going ahead stating the reason for the vacation easement was for landscaping. Jerel Shapiro, 2516 Monterey Avenue South, stated concern over the possibility of it being sub-divided in the future. He also stated the house is an eye sore and would like some sort of agreement stating work would get done in a timely fashion. Councilmember Paprocki addressed Mr. Shapiro’s concern, stating future sub-division would require another variance request for Council approval. Councilmember Sanger stated support for the request and thanked Mr. Ferraro for listening to the neighbors concern and not building two houses on the site. Ms. Lasky, 2506 Monterey Avenue South, asked if they are using the footprint of the house. Mr. Ferraro stated they are using a portion of it. A resident from Lynn Avenue stated support for the house and indicated the center triangle allowed for a safe intersection. Mayor Jacobs closed the public hearing at 7:55 p.m. St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 4 Councilmember Sanger asked if once the permit was issued, would it need to be completed within a year. Mr. Hoffman stated the exterior of home must be completed within one year from date of issuance of the permit. Mr. Ferraro stated they’ve owned the property for about ten months and have been going through the process to see what needs to be done. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve First Reading of Ordinance Vacating a Portion of the 26th Street West Right-of- Way, subject to the imposition of appropriate easement for utility and drainage purposes. Councilmember Finkelstein stated his understanding was that the applicant could improve the property without the vacated property. He also stated that he is not confident the applicant will complete this project in a timely manner, stating it took him several years to complete the Inglewood project. He stated he was in opposition of this request. The motion passed 5-1 (Councilmember Finkelstein opposed). 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Ordinance Amending City Code Rental Housing Section 8- 327 Required Application Information and Adding Sections 8-328 Crime Free/Drug Free Training, 8-331 Crime Free/Drug Free and Disorderly Use Lease Requirements and 8-332 Administrative License Violation Fee. Mr. Hoffman and Chief Luse presented the staff report. The program is designed to be an effective and efficient tool in partnering with rental property owners to maintain crime and drug free housing in the City and may have gone through an extensive public process with the stakeholders. Mr. Zurbrigen, 1604 Fairway Lane, owner of three single-family homes that are used for group homes, stated support for the ordinance but is concerned how the ordinance would apply to his situation. He stated his program participants do not rent or lease and that they sign a behavior contract allowing them to stay in the house. Mr. Scott stated that if someone wants stricter conditions in addition to the ordinance it would be acceptable. Mayor Jacobs asked if the ordinance would be in violation of Mr. Zurbrigen’s behavior contract. Mr. Zurbrigen inquired if he would he be in violation of not having a lease, and asked for an exclusion for group home operators that have a contract that supersedes the ordinance. Mr. Scott stated the ordinance requires the ordinance be included as part of the behavior contract, a written contract that has these provisions stated. Councilmember Sanger stated this ordinance requirement would not impact any other kind of contract with those who live in the household. St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 5 Councilmember Paprocki asked Mr. Zurbrigen if one person violates the behavior contract, would the others in the house be compromised. Mr. Zurbrigen stated they would find the violator immediate shelter away from the property, and that the others in the house would not be compromised. Mr. Scott stated each behavior contract would be subject to the ordinance provision. Mayor Jacobs and Councilmember Basill suggested Mr. Zurbrigen work with staff to further review the language in relationship to group home programs. Mr. Lasky, 2506 Monterey Avenue, asked to be exempt from the eight hour training class that is required for renters. He stated he gifted the house to his daughter and they now rent it back. Mayor Jacobs suggested staff look more into this type of exemption. Mr. Putnum, 3272 Hillsboro Avenue, suggested stricter license requirements and concern with the property maintenance requirements. He suggested the landlord be held accountable with the first offense. Mr. Hoffman stated the license fee includes the property license inspection, stating this ordinance would become a condition of the license. Mr. Putnum inquired about single family owner occupants in violation. Chief Luse stated they are trying to deal with the behavior. Mr. Putnum said if the tenants have to be kicked out, the same should apply to owners. He asked that everyone be treated equally. Councilmember Sanger stated the property maintenance code applies equally to single- family housing. Mr. Miller, a current landlord, stated he felt penalized for being a good landlord. Ms. Grove, Minnesota Multi-Housing Association reminded Council that the actual eviction might take longer than is anticipated. She also stated concern with the fact that some people may be evicted that should not be. She questioned the language on page 4, 8-331-a3c. …proceeding with termination with tenancy of all tenants occupying the unit. She urged Council to not get rid of “good” tenants because of one person’s actions in the unit who may or may not actually be residing there. Mayor Jacobs suggested staff look into this further. Mr. Scott stated it applies to anyone at the premises if criminal activity takes place, requiring termination of all tenants. Ms. Miller stated tenants are being treated unjustly and suggested treating single family owners the same as the landlord/tenants. Councilmember Finkelstein stated the data has shown that there were more problems with non-owner occupied versus single-family owner-occupied homes. Councilmember Finkelstein stated it is not being done based on discrimination. Ms. Miller felt it unjustly was. Councilmember Finkelstein stated it was studied very carefully, stating it’s been successfully adopted in other cities. Councilmember Paprocki stated the difference is someone owning the house and someone who is a tenant. Mr. Vos, 3620 Kipling Avenue South, suggested licenses get evoked at the first offense. St. Louis Park Council Meeting Item: 071607 - 3a - Council Meeting Minutes 061807 Page 6 Mr. Anderson, 3000 and 3006 Monterey Avenue South, suggested property owners run a criminal background check prior to renting. He also asked what constituted a violation. Mr. Hoffman stated a tenant who violated the ordinance would trigger a notice to the landlord and in accordance to the ordinance; they would start the eviction proceedings. Mr. Anderson asked what would happen if a landlord did not attend the training. Mr. Hoffman stated failure to attend could result in not having a license. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve first reading of an amendment to City Code Section 8, Article II, establishing a crime and drug free rental housing program and requirements as part of rental unit business licensing and set 2nd reading for not later than July 16, 2007, suggesting staff research 1) family relationship leasing 2) behavior contract language 3) eviction of all tenants because of one tenant. The motion passed 6-0. Communications Mayor Jacobs thanked the Parktacular Committee, City staff and volunteers for their work and enormous efforts involved, stating it was fantastic. He also reminded everyone of the fireworks on the 4th of July at Aquilla Park. Councilmember Finkelstein also thanked the Committee for their great work on the Parktacular event, stating the increased participation was incredible. 9. Adjournment The meeting adjourned at 9:10 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park Council Meeting Item: 071607 - 3b - Study Session Minutes 061807 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION JUNE 18, 2007 The meeting convened at 9:13 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, and Susan Sanger. Councilmembers absent: C. Paul Carver. Staff present: City Manager (Mr. Harmening), (Management Assistant) Ms. Honold, Director of Inspections (Mr. Hoffman), Director of Communications (Mr. Zwilling), Fire Chief (Chief Stemmer), Battalion Chief (Mr. Windschitl), Battalion Chief (Mr. Dobesh), Battalion Chief/Fire Marshal (Mr. Smith), Firefighter (Mr. Curran-Bakken) and Recording Secretary (Ms. Schmidt). 1. Status of Fire Department Facilities Planning Mr. Hoffman presented the staff report updating Council on the status of Fire Department facilities planning which included an operations overview, service level needs, comparison of single multi-station concepts, site considerations, funding alternatives, and staff recommendations. Mr. Harmening reminded Council that a large part of the analysis is in regard to the operation of emergency response service to the community. Mayor Jacobs and Council agreed there is a need for two fire station facilities. Councilmember Sanger suggested locating a station in an area that needs economic redevelopment or is blighted. There was Council consensus to direct have staff to move forward with further analysis developing possible site and development options for construction of a main fire station and smaller satellite station; to use professional architectural services for site feasibility of various building options; to continue to examine approaches to finance the construction of fire station facilities; and to continue to provide information to the public on the site evaluation process. Updates: Mr. Harmening updated Council on his meeting with Novartis and Nestle. The meeting adjourned at 9:50 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION JUNE 25, 2007 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, and Susan Sanger. Councilmembers absent: C. Paul Carver. Staff present: Ms. Gohman (Ms. Gohman); Mr. Locke (Mr. Locke); Mr. Hunt (Mr. Hunt); Finance Director (Mr. DeJong); and Recording Secretary (Ms. Stoll). Guest: Bob Friddle, Ellerbe Becket; Mick Johnson, Park Nicollet; Brian Cary, United Property. 1. Future Agenda Planning Ms. Gohman stated there is no meeting on July 2 and the next meeting will be a study session on July 9, 2007. Councilmember Sanger stated she requested adding a policy item to the July 9 meeting regarding the definition of single family homes. Council concurred it is a discussion they need to have. Councilmember Paprocki stated they should start discussing the different types of TIF. Council concurred to discuss the different types of TIF. Councilmember Finkelstein stated a future idea to consider is development districts. 2. Business Terms for EDI Project Mr. Locke reviewed the staff report regarding the business terms of the proposed sale of a portion of 3515 Belt Line Blvd and the development of Methodist Hospital’s Eating Disorders Clinic on the site. He stated there were representatives from the project present. He noted one change being presented is ownership of the property. Previously it was presented as being a private property, and now it is publicly owned which would change the tax exempt status. He stated one concern to address was the best long term use of the site. He noted there is contamination on the site because it used to be a landfill, which requires a higher standard of mitigation for single family homes. He noted the land as it is being used now is safe from contaminants. Mayor Jacobs stated they have had a discussion about the contamination on the site. Councilmember Sanger stated the task force recommended it to be zoned for single family. She stated she is concerned about the process. Mayor Jacobs inquired if they should discuss the policy. St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 2 Councilmember Basill stated that when they went through the housing recommendation they discussed the possibility for single-family homes. He stated he came to the realization that the cost was prohibitive. He inquired what Councilmember Sanger preferred to have at this location. Councilmember Sanger stated she doesn’t recall a discussion about multi-family homes or a non- profit being appropriate for the location. She noted that it wasn’t marketed to see if other places were interested. Mayor Jacobs inquired about the terms of the agreement. Mr. Locke stated the proposed arrangement is 40 years of payments in lieu of taxes. He stated they have had many discussions regarding the City’s interest and have invested a lot of time planning for EDI. Councilmember Paprocki concurred they have been discussing it for a long time and noted that they are taking park land and putting a commercial entity on it. Councilmember Finkelstein stated they haven’t been able to get developers interested in the land and that was the reason a dog park was placed on it. He stated Council decided they wanted to build an eating disorder clinic. Councilmember Sanger stated she has been receiving resident feedback inquiring about the removal of the park. Ms. Gohman stated staff could put together a timeline of the discussions that have occurred. Councilmember Omodt stated the land is not designated as park land and it is zoned as residential. Councilmember Paprocki stated concern with changing to a non-profit owner. Councilmember Basill stated he would like to discuss the business terms. He noted that the remaining unsold land should remain community space. Councilmember Paprocki noted he is concerned about the statement in the staff report that indicates the property could be sold for private purposes. Mr. Hunt clarified that it is a potential option. Councilmember Finkelstein stated he thinks Council wants to reserve a portion of it for pubic purposes. Councilmember Basill stated that the solution may be to put the remaining land into the park zoning. Councilmember Paprocki clarified that they wouldn’t be adding park land when it is compared to the present amount of park land. Mr. Locke presented a table with a comparison between a taxable and tax-exempt facility. He stated Park Nicollet’s intent to buy the property indicates their desire to remain in the community. He stated the largest impact will be that they will not pay taxes. St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 3 Councilmember Basill inquired about the life of the building. Mr. Locke stated that all buildings need updates within 40 years. Councilmember Finkelstein inquired if it is a better deal for the City for it to be tax-exempt. He inquired if the City would have the ability to purchase the building if it were to be sold. Mr. Hunt stated that there will be terms in the purchase agreement that states if EDI does not go through with the plans the City has the right to get it back. Mick Johnson, Park Nicollet, stated they have wanted to build a clinic for 10 years that was off campus from the hospital. He stated the market has changed since they began working on the project. Mr. Johnson clarified that it would be a savings for Park Nicollet to do it as a tax- exempt facility. Councilmember Paprocki stated that it doesn’t clarify if it is a good deal for the City. Mr. Locke stated that the economic contribution may be subjective, but it would provide services benefiting many people and it would improve the property. Councilmember Basill stated that another concern is the present value of the money received up front. Brian Cary, United Properties, stated the present value of the deal is better than the value of the deal that was presented previously. Councilmember Basill inquired if Ehlers could look at it as well. Councilmember Finkelstein inquired if the fiscal disparities could be included in the analysis from Ehlers and if the land sale proceeds need to go to the County. Mr. Locke stated that the sale proceeds can be negotiated with the County. Councilmember Sanger inquired if pilot payments were split with the other taxing districts. Mr. Hunt stated they were not split. Councilmember Sanger inquired if they are limited to doing private activity bonds. Mr. Locke stated they receive money from the bonds annually. Councilmember Sanger inquired if Park Nicollet were to change the use of the facility would they still be tax exempt. Mr. Locke responded they will have to pay property taxes if they do something that is taxable. He stated a contract will be developed in the future if the project were to move forward. Mr. Hunt stated that any deviation would require an amendment to the contract. Councilmember Omodt stated he thought it is a better deal to move forward the new proposal. He noted that properties fall off the tax rolls on a regular basis. Councilmember Basill concurred with Councilmember Omodt. He stated he values the services that will be provided. Councilmember Paprocki stated it is difficult to say that this is a good deal. Mr. Hunt stated the City is ahead financially with the tax-exempt proposal. St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 4 Ms. Gohman stated they can also put together a timeline on the discussions with financial data. Mayor Jacobs stated that they need to be careful when revisiting decisions that have been previously made. Councilmember Sanger stated that it would be a buildable property for multi-tenant homes. Mr. Hunt presented the next steps. Councilmember Basill inquired when the present value analysis will be presented. Mr. Hunt stated they will receive it the night of the next meeting it is discussed at. Mayor Jacobs stated it would be helpful to have that information earlier. Councilmember Sanger inquired when the contract will come to a Council meeting. Mr. Locke responded probably in August. Councilmember Sanger stated Council has not had discussion of how the funding will be spent from the sale of the property. Mr. Locke stated that they currently have some funding, but spending options have not been determined yet. Councilmember Basill stated he has received inquiries about how the money will be spent. Mayor Jacobs noted that there is an intangible value to EDI. Mr. Hunt stated staff has articulated other financial benefits as well. Councilmember Basill noted the complexity of the deal. 3. Long-Range Financial Planning Mr. DeJong presented the staff report discussing the long-range financial management plan. Councilmember Paprocki clarified that the capital is depreciated. Councilmember Sanger inquired about receiving the tax settlement at one time. Mr. DeJong stated that they can ask for an advance to receive a portion of the funds. Councilmember Finkelstein noted they changed the range of investments. Mr. DeJong stated the long term interest rates are higher than the short term interest rates. Councilmember Sanger inquired about the types of policies Mr. DeJong would recommend developing and stated that it is important to plan for long-term assets. Mr. DeJong stated they have an understanding of the enterprise funds. He stated they don’t have a good understanding of the cost for equipment replacement. Ms. Gohman stated those are concerns that are being brought forward. Councilmember Finkelstein inquired about the affect as TIF districts are being de-certified and the size and use for the economic development fund. Mr. DeJong stated the economic development fund has about $20 million. St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 5 Mayor Jacobs inquired if the money could be used to build the Wooddale Bridge. Mr. DeJong stated there are unrestricted funds in the economic development fund. Councilmember Finkelstein stated there had previously been discussions about the City contributing funds for TH 100. Ms. Gohman stated Mr. DeJong will map out the concerns for the funds. Councilmember Sanger noted that the State can take large amounts of unrestricted funds. Mayor Jacobs inquired how they protect themselves from the State taking the funds. Mr. DeJong stated the City budgets for an excess in revenues over expenditures. He stated it is important for the Council to be thoughtful about where the money could be used long term. Councilmember Paprocki inquired about what happens to the funds at the end of the year. Ms. Gohman stated that if product is purchased to use some of the funds, it needs to be received by the end of the year. Councilmember Sanger inquired if it is expected to have an increase in delinquencies. Mr. DeJong stated that it wasn’t expected. Mr. DeJong stated that Park and Reccreation have operated at a loss; the police and fire funds interest earnings have been spent, and they are beginning to spend the principal; and the debt services funds have stabilized. Councilmember Finkelstein inquired about the reason to pay in. Mr. DeJong stated the TIF will end prior to the bonds being paid. Councilmember Finkelstein clarified the rules for collecting the money for TIF. Councilmember Sanger inquired if it affects the bonds sold for other TIF projects. Mr. DeJong stated it would affect those bonds as well, but in many of those cases the bonds and projects are co-terminus. Councilmember Finkelstein clarified that this issue wouldn’t arise in any other areas. Mr. DeJong stated that is correct. Councilmember Sanger inquired if WiFi would be part of the enterprise funds. Mr. DeJong stated it would. Mr. DeJong stated in the CIP the expenditures exceed the funding source. Councilmember Finkelstein requested a written report about fiscal disparities. Councilmember Sanger suggested receiving an updated set of policies for all councilmembers. Ms. Gohman stated they are putting together instruction information. St. Louis Park Council Meeting Item: 071607 - 3c - Study Session Minutes 062507 Page 6 4. Nestle/Novartis Update Mr. Locke updated City Council on the Nestle/Novartis project. The meeting adjourned at 8:52 p.m. Written Reports provided and documented for recording purposes only: 5. Metropoint Parking Lot Improvements 6. May 2007 Monthly Finance Report 7. Park WiFi Update 8. Sidewalk Snow Removal Enforcement Program Update 9. Community Videos ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor St. Louis Park Council Meeting Item: 071607 - 4a - State Bond Funding Highway 7 Woodale Page 1 4a. Motion to Adopt Resolution of Support for Trunk Highway 7/Wooddale Avenue Interchange Improvements. BACKGROUND: The city has submitted a request for state bond funding for the construction of a grade-separated interchange at Wooddale Avenue and Trunk Highway 7 (T.H. 7). The project would also include pedestrian and bicycle friendly improvements along with re-configuration of the frontage roads in order to improve access, safety, and traffic flow for both the T.H. 7 corridor and Wooddale Avenue. The City of St. Louis Park was successful in obtaining Surface Transportation Program (STP) funding of $5.888 million in 2006 for this proposed work. In advance of this project, the city has spent $3 million of local match for right-of-way acquisition, and the project has been identified accordingly in the City’s Capital Improvement Program (C.I.P.) and Comprehensive Plan. In addition to high commuter usage in the T.H. 7 corridor, the T.H. 7/Wooddale intersection experiences many other traffic and safety related problems. Due to limited access to T.H. 100, motorists often utilize Wooddale Avenue as an alternate route to and from T.H. 100 and points beyond. The current T.H. 7/Wooddale intersection also presents constraints and issues, in that a closely spaced frontage road, freight, and a regional trail are all located in very close proximity to the intersection. Back-ups on Wooddale Avenue often extend on to 36th Street. Despite recent signal timing modifications by Mn/Dot to the T.H. 7 corridor, the T.H. 7/Wooddale intersection still experiences significant delays during the peak traffic periods. In addition, potential future re-development activities and associated traffic studies have determined that the T.H. 7/Wooddale improvement is a critical element in meeting the future transportation needs in this area. T.H. 7 is also a significant barrier for bicycles and pedestrians to cross at Wooddale Avenue. The separated grade interchange will therefore provide opportunities for pedestrians and bicyclists to safely cross the T.H. 7 corridor in order to link with destinations such as schools, recreation and transit facilities, the SW Regional Trail, and future light rail. If the city’s request is funded by the state, construction would be expected to commence in 2009 and be completed in 2010/2011. Total project cost is estimated to be $18 million. RECOMMENDATION: Staff recommends adopting the attached resolution providing support for funding the Trunk Highway 7/Wooddale Avenue Interchange Improvements. Attachment: Resolution Prepared by: Marcia Honold, Management Assistant Reviewed by: Mike Rardin, P.E., Public Works Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4a - State Bond Funding Highway 7 Woodale Page 2 RESOLUTION NO. 07-072 RESOLUTION OF SUPPORT OF TRUNK HIGHWAY 7/WOODDALE AVENUE INTERCHANGE IMPROVEMENTS WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, this project is consistent with the City of St. Louis Park Capital Improvement Plan and Comprehensive Plan and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Development Framework; and WHEREAS, this project is located in a significant high use transportation corridor (Trunk Highway 7) in the Twin Cities metropolitan area and this project supports improvements planned to the regional and local transportation system at T.H. 7 and Wooddale Avenue; and WHEREAS, this project was awarded $5.888 million through the Surface Transportation Program as recommended the Metropolitan Council’s Transportation Advisory Board in 2006, under the condition that the city start construction on this project by 2009; and WHEREAS, the City of St. Louis Park has already acquired the necessary right-of-way and undertaken design work for this project, committing $3 million in local dollars for this project which satisfies local match requirements; and WHEREAS, this project supports and enhances inter-modal transportation uses, including motor vehicle, transit, light rail (SWLRT), bicycle, and pedestrian uses; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides a much needed upgrade to the regional transportation system. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park in regular meeting assembled to adopt this Resolution supporting a request for state general obligation bond funds for the TH 7/Wooddale Ave. Interchange Improvement Project. BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Department of Finance as a part of the TH 7/Wooddale Ave. 2008 Capital Budget Request Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting Item: 071607 - 4b - Highway 100 Resolution of Support Page 1 4b. Motion to Adopt Resolution of Support for the Trunk Highway 100 Full Build Project. BACKGROUND: MnDOT has completed construction on the TH 100 Interim Project, which consisted of removing the clover leaf at Highway 7 and Highway 100 and replacing it with a diamond interchange with traffic signals on Highway 7 at each ramp intersection (2); the shoulders of Highway 100 were converted to carry mainline traffic so there could be three through-lanes in each direction with limited merging areas for on and off traffic. To create three lanes, MnDOT decreased lane widths from 12 feet to 11 feet, thereby eliminating or severely reducing shoulders along that stretch of highway. While MnDOT did not guarantee the timing of the future full build project, they have designated the full build project as an “advanced design project” with the intent of having it ready for a 2009 letting should sufficient new funding become available and 2014 if additional funding is not secured. MnDOT has asserted that the Interim Project was essentially the first stage or phase in the eventual Highway 100 major reconstruction project (Full Build project). Infrastructure not addressed as a part of the Interim Project included erection of noise walls, bridge replacement and a rebuild of storm sewer conveyance systems. MnDOT did not construct noise walls with the interim project, but because noise levels exceed state standards they said they would not oppose the requirement that noise walls are to be installed no later than 2015. MnDOT staff stated the bridges over this stretch of Hwy 100 have only an estimated remaining life of about ten (10) years. Based on the above, MnDOT staff feel Hwy 100 will have to be reconstructed (full build) within ten (10) years (2016). PROJECT STATUS: MnDOT is in the final design phase of the geometric layout determination for this project and the full build project is currently scheduled for bid letting no later than 2014. The project will cost approximately $150 million, of which St. Louis Park may be expected to contribute up to an estimated $10 million. The city will need assistance to fund its expected share of this project of regional significance. Improvements not included as a part of the interim project include construction of the noise walls, which MnDOT agreed to construct no later than 2015, expansion of lane widths, addition of shoulders, construction of on/off ramps, and bridge and storm water improvements. Bridges spanning TH 100 at Hwy. 7 and storm sewer conveyance systems have no more than 10-15 years of useful life left and are deteriorating. In addition, there are approximately 50-60 residents who live in uncertainty because their homes (22 properties) are within the future right-of-way of the new project. In anticipation of this project’s start date, the city is requesting $10 million in state bond proceeds to fund the city’s portion of the project, which will be used to cover its estimated share of development, design, and construction costs associated with the TH100 Full Build Project. St. Louis Park City Council Meeting Item: 071607 - 4b - Highway 100 Resolution of Support Page 2 RECOMMENDATION: Staff recommends adopting the attached resolution providing support for funding the Trunk Highway 100 Full Build Project. Attachments: Resolution Prepared by: Marcia Honold, Management Assistant Reviewed by: Mike Rardin, P.E., Public Works Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 071607 - 4b - Highway 100 Resolution of Support Page 3 RESOLUTION NO. 07-073 RESOLUTION IN SUPPORT FOR THE TRUNK HIGHWAY 100 FULL BUILD PROJECT IN THE CITY OF ST. LOUIS PARK WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, the City Council of the City of St. Louis Park provided approval to MnDOT to construct the temporary improvement project on TH 100 in 2006 based upon oral and written representations made by MnDOT that the temporary project would not permanently delay construction on the "full build project"; and WHEREAS, MnDOT has designated the TH 100 full build project as an "advanced design project, which means MnDOT will continue developing the full build project so plans are ready for letting in 2009 if sufficient new funding is available; and WHEREAS, the bridges crossing the subject stretch of TH 100 have a limited life expectancy and will require replacement within approximately 10 years and MnDOT has agreed to install noise walls on the subject stretch of TH 100 no later than 2015 so as to come into compliance with state noise level standards; and WHEREAS, storm sewer conveyance systems have no more than 10-15 years of useful life left and are deteriorating; and WHEREAS, there are approximately fifty to sixty residents who live in uncertainty because their homes (22 properties) are within the future right-of-way of the new project; and WHEREAS, the TH 100 Full Build project will cost approximately $150 million, of which St. Louis Park may be expected to contribute up to an estimated $10 million for the city’s share of development, design, and construction costs ; and WHEREAS, the Minnesota Department of Transportation and the City of St. Louis Park are working cooperatively toward the construction of the Full Build project; and WHEREAS, the City Council of the City of St. Louis Park has directed City staff to work with the Minnesota Department of Transportation to develop the final geometric layout for the TH 100 Full Build project; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides a much needed upgrade to the regional transportation system. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park in regular meeting assembled to adopt this Resolution supporting a request for state general obligation bond funds for the TH 100 Full Build project. St. Louis Park City Council Meeting Item: 071607 - 4b - Highway 100 Resolution of Support Page 4 BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Department of Finance as a part of the TH 100 Full Build 2008 Capital Budget Request. Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 4c - 26th Street Right-Of-Way Vacation Page 1 4c. Motion to Approve the second reading, the summary ordinance and authorize publication for the Vacation of a Portion of the 26th Street Right-Of-Way. BACKGROUND: Request Timothy Ferraro and Mark A. Hauck own both single family lots at 2552 and 2548 Monterey Ave S. The request is to vacate right-of-way which will be combined with the adjacent single family lot to the north. The City Council approved first reading of the ordinance on June 18. Analysis The applicants own parcels at 2548 and 2552 Monterey Avenue South. 2552 Monterey Avenue South is improved with a single family home. 2548 Monterey Avenue South is a vacant parcel and cannot be built on because it is too small. The applicants combined the two residential lots into one. This was an administrative application, and was approved on June 4, 2007. Now they are asking for the vacation of right-of-way, which would be added to the combined parcel. The vacation request was reviewed by engineering and the necessary utility companies. The only utility in the portion of the right-of-way to be vacated is a city sanitary sewer line. Therefore, the Public Works Department is recommending that the right-of-way be vacated and that all but the north five feet be covered in a utility easement to be retained by the city. If the vacation is approved, the remaining right-of-way will be 60 feet wide, which is a standard width for a local street. Process § A public hearing with written notification to all property owners affected by the easement and published in the newspaper is required to vacate a right-of-way. § Vacations require adopting an ordinance passed by a vote of at least five members of the Council (2/3 majority of all members). § The ordinance requires two readings. The City Council approved first reading of the ordinance at its meeting on June 18. RECOMMENDATION: Staff recommends adoption of the second reading of the ordinance vacating a portion of the 26th Street right-of-way as described in the attached Ordinance subject to the condition that the city retain a drainage and utility easement over all but the north five feet of the vacated right-of-way, and approve the summary ordinance and authorize publication. Attachments: Draft Ordinance Draft Summary Ordinance for Publication Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4c - 26th Street Right-Of-Way Vacation Page 2 D R A F T ORDINANCE NO. 2333-07 AN ORDINANCE VACATING A PORTION OF THE 26TH STREET RIGHT-OF-WAY THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the street right-of-way proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on June 7, 2007 and the City Council has conducted a public hearing upon said petition and has determined that the street right-of-way is not needed for public purposes, and that it is for the best interest of the public that said street right-of-way be vacated. Section 2. The following described street right-of-way, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of Lot 8, Block 9, Thorpe Bros. Cedar Lake Heights, according to the recorded plat thereof, Hennepin County, Minnesota, which lies northerly of the following described line: Beginning at the northeast corner of said Lot 8; thence southwesterly a distance of 30.31 feet along a non-tangential curve concave to the northwest, having a radius of 32.23 feet, a central angle of 53 degrees 52 minutes 31 seconds, and a chord that bears South 45 degrees 20 minutes 15 seconds West; thence southwesterly a distance of 55.71 feet along a compound curve concave to the north, having a radius of 187.53 feet and a central angle of 17 degrees 01 minutes 14 seconds; thence South 89 degrees 17 minutes 44 seconds West, tangent to said curve, a distance of 65.32 feet to the west line of said Lot 8 and said line there terminating contingent upon submission of a drainage and utility easement in favor of the City of St. Louis Park over all but the north five feet of the described property for storm sewer, sanitary sewer, water main, and public utility purposes. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section.4. This Ordinance shall take effect fifteen days after its publication. First Reading Second Reading Date of Publication Date Ordinance takes effect St. Louis Park Council Meeting Item: 071607 - 4c - 26th Street Right-Of-Way Vacation Page 3 Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 071607 - 4c - 26th Street Right-Of-Way Vacation Page 4 SUMMARY ORDINANCE NO. 2333-07 AN ORDINANCE VACATING A PORTION OF THE 26TH STREET WEST RIGHT-OF-WAY ADJACENT TO 2552 MONTEREY AVENUE SOUTH This ordinance states a portion of the 26th Street West right-of-way will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 16, 2007 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 26, 2007 St. Louis Park Council Meeting Item: 071607 - 4d - Motion To Cancel Public Hearing Easements Bass Lk Site Page 1 4d. Motion to cancel public hearing to vacate easements and right-of-way on the Bass Lake redevelopment site. BACKGROUND: As a part of the Bass Lake redevelopment, a number of unused easements and public rights-of- way will be vacated. Some complications related to the existing streets have arisen. Staff expects to combine the vacation process with the platting of the property to cleanly resolve all of the property line issues concurrently. A hearing to vacate the easements and rights-of-way is expected to occur at a future Council meeting as the property issues are clarified. RECOMMENDATION: Cancel the public hearing to vacate easements and rights-of-way on the Bass Lake redevelopment site. Attachments: None Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4e - Appoint Committee Duke Planning Process Page 1 4e. Motion to approve committee to review retail layout and public spaces for the proposed Duke development BACKGROUND: On April 23, 2007, the City Council directed Staff to create a community planning process to review the options for the retail and public gathering spaces in the proposed Duke development. The intent is to conduct a public planning process over the next 5-6 months to evaluate options in relation to the overall community goals and vision of the city. The process has been set up to involve the neighborhoods, the community at-large, a representative from Golden Valley, and Duke. The committee will meet approximately once a month until November, and forward its recommendations to the City Council. Ward Council Member Sanger recruited the neighborhood and at-large representatives. The following process and timetable has been set out: Meetings Dates Overall Topic Specific Topics 1-2 June-July Set Stage Goals/Assignment History/Vision/Issues Constraints of the site Duke plan 3 August Present expert analysis Market Study Retail Analysis 4 September Identify Alternatives Retail area 5 September Identify Alternatives Public/gathering spaces/connections 6 October Evaluate Alternatives Retail/public/gathering spaces/connections 7 October-November Finalize work Make recommendations to City Council RECOMMENDATION: It is recommended that the following people be appointed to the committee to review the Duke development retail and public spaces options: • Lisa Miller, at-large • Doug Jones, Blackstone neighborhood • Jerry Stamm, Cedarhurst neighborhood • Carl Robertson, Planning Commission • Richard Person, Planning Commission • George Foulkes, Park and Recreation Commission • Ken Gothberg, Vision committee on Gathering Spaces • A representative from Golden Valley (to be named by Golden Valley City Council) Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4f - Network Disaster Prevention And Recovery Page 1 4f. Motion to authorize staff to purchase network disaster prevention and recovery solution from Xiotech. BACKGROUND: Over the last year, the IT Division within the Information Resources Department has been in the process of reviewing the city’s network storage and tape backup needs, as well as related disaster recovery experiences. This resulted from the quickly increasing growth of electronic storage and dependency on the part of employees and the various publics they serve on information stored on internal computer systems and the web, as well as experiencing the impact when availability of such information is lost during system downtimes. As part of this review, we have investigated the option of implementing a storage area network (SAN) to better manage disk growth and allow for greater fault tolerance. For Council review, a brief history of the analysis is included along with staff’s recommendation for the best option to move forward. CHALLENGES, OPTIONS, AND ANALYSIS: The city has three primary Windows 2003 servers housed at city hall. These servers perform the majority of the city processing needs, such as file and print sharing, email messaging, calendaring, and the main web server. The existing challenges with these primary servers are summarized below. - The main file and print sharing server has had its disk space upgraded three times in the last year alone and the need for more space continues to increase at a fast pace due to both the encouragement to utilize more electronic communications (reduce paper) and the increase in file sizes, especially graphics and video. Each time IT staff adds more disk space to this server, this causes server downtime and is unavailable. Internal customers (employees) lose some ability to do their work (some mission-critical, time-sensitive functions like City Council agendas) and external customers (the public) having to wait for requests to be filled. A solution that allows for the addition of disk space in the background without affecting service availability would be much more effective. - The main e-mail communication server has plenty of disk space; however, its fault tolerance for problems is much more complex. Due to the amount of data stored on the e- mail server, it takes many hours to backup. And the two times we have had major problems with the email database, the downtime has been a couple of days due to the complexity of the server setup, in addition to restoring files from the backup tapes. The world has become so dependent on e-mail, any downtime causes major disruptions. A more fault tolerant solution that minimizes e-mail system downtime is desirable. - The main server for our website (www.stlouispark.org) currently uses a more labor intensive backup process that needs to be done every time changes are made. This is both time consuming and cumbersome and could potentially cause delays if hardware problems ensue. Given increasing dependence on information and functionality provided via the web for the public, it is desirable to enhance its fault tolerance as well. St. Louis Park Council Meeting Item: 071607 - 4f - Network Disaster Prevention And Recovery Page 2 Last fall, IT staff worked with LOGIS Network Services’ staff to review options for a storage area network device that would allow for the additional storage space needed for the file and print sharing server. However, after further investigation into the desired purchase, it was determined that this particular device would not provide for an enhanced recovery process to minimize system downtime for employees and the public. The need for an enhanced recovery process became more apparent due to a couple of incidents that caused downtime, and the revised goal was to identify systems that would both add storage space and accelerate recoveries from inevitable hardware and software failures. In conjunction with LOGIS, the IT Manager and CIO determined that purchase of a SAN and tape library would give us both the ability to add space to our servers and the opportunity to increase our disaster recovery abilities for mission critical applications such as e-mail, large data files, and website hosting. It would still require a large investment, one that had been scheduled in the Technology Replacement Fund in 2006. Meetings were conducted over a three-month timeframe to allow the city IT staff and LOGIS Network Services staff to discuss viable options with the recommended vendors in the storage area network field. These vendors are ones that other cities currently utilize for other hardware and software needs. We developed three different solutions reflecting increasing levels of storage and disaster recovery. Vendors were asked to provide proposals for professional services, hardware, and software solutions for these three levels. The details of these solutions are as follows: 1. A Level 1 solution that would fix current, but not long-term, disk space issues and allow us e-mail server redundancy. Everything would be run in the primary site. This would not provide us any site redundancy (or ability to build site redundancy) to protect us in the event of a physical disaster. 2. A Level 2 solution that would provide us with a SAN (storage area network) solution at the primary site with the ability to expand to the secondary site. This would be similar to the first solution but give allow us to more easily add storage space and a redundant site (i.e., at another City building) in the future. This would not provide us site redundancy immediately, but would position us to do so in future years. 3. A Level 3 solution that would provide us with two fully redundant sites. Once we received the proposals from all vendors, the information was compiled and compared based on the options outlined above. The next steps were to narrow down a recommended option for moving forward based on the specific items of each proposal and further investigate our existing network infrastructure’s compatibility. Given the complexity and significance of this investment, we also wanted to take the time to ensure we had as comprehensive and well thought through an approach as possible. As staff reviewed the potential to be able to move to a Level 3 solution and not be locked into something less in the future, those cost comparisons became the most relevant. In that regard, here is how the three vendors compared: St. Louis Park Council Meeting Item: 071607 - 4f - Network Disaster Prevention And Recovery Page 3 Reseller Vendor Cost Midwave NetApp $349,896 Unisys EMC $700,000+ Xiotech Xiotech $207,303 In addition to being the lowest cost to most resiliently position the City for the future, Xiotech offers a feature called “time-scale replication” (not included above for comparison purposes). The scenario in most networks is that data files are backed up nightly at one point in time. Should lots of work be done on files, but they are inadvertently corrupted or deleted during the next 24 hours, the only typical recovery method is to go back to the previous night’s backup tape with all subsequent work needing to be recreated. Time-scale replication allows replication of all data files at all times, capturing and storing updates in a separate location. In other words, this feature allows recovery from data loss during working periods as opposed to reverting back to the outdated previous night’s backup. This recovery is also quicker and more reliable than restoration from tape backup because the files are stored in their native format, and not on a tape. Only Xiotech offers time-scale replication and a path for migrating to the ultimate redundant site from a single site solution. Other vendors require the costlier complete equipment replacement to make that upgrade. In addition, it should be noted that Xiotech: - Gave us all three proposed options in the form and with the detail we requested. - Excelled at professionalism, ease of communications, and responsiveness to detailed performance and implementation questions. - Comes highly recommended from other organizations that have used it. FINANCIAL CONSIDERATIONS: This project was originally scheduled for 2006. Because staff determined it would make sense to take some additional time to develop a more comprehensive solution, the project was deferred to 2007. In large part because of this, only $280,000 of the 2006 Technology Replacement Fund budget of $680,000 was expended. Unexpended funds remain in the TRF and are available for future years’ investments. The total cost of the recommended solution from Xiotech is $217,478. This includes the time-scale replication feature. The Technology Replacement Fund currently has sufficient funds to pay for this project (they were budgeted in 2006) and the ongoing annual maintenance costs would be offset by the yearly savings in projected server costs made unnecessary with this large investment. Additional benefits beyond financial considerations include less staff administration time during disaster recovery, increased data stability and recoverability, compatibility for future expansion, and remote site flexibility. St. Louis Park Council Meeting Item: 071607 - 4f - Network Disaster Prevention And Recovery Page 4 RECOMMENDATION: Staff recommends the purchase of a Level 2 solution from Xiotech (SAN solution with clustered Exchange servers, a tape library at the primary site compatible with future expansion to a secondary remote site) with the addition of time-scale replication. This option will allow us to initially expand our file and print server’s disk capacity by four times (expandable to 16 times) what it is currently and allow our e-mail server to be redundant, more fault tolerant, and located at a redundant site. This option will also improve recovery speed in the event of a disaster, and our data will be as up-to-date as possible using time-scale replication. Prepared by: Brenda Nelson, IT Manager Reviewed by: Clint Pires, Director of Information Resources Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4g - Maintenance Agrmnt MCWD Dakota Pk Stormwater Improvements Page 1 4g. Motion to Authorize Execution of Maintenance Agreement Between the City of St. Louis Park and the Minnehaha Creek Watershed District (MCWD) for Dakota Park Stormwater Improvements (City Project 2003-1300). BACKGROUND AND DISCUSSION: On March 19, 2007, the City of St. Louis Park approved plans and specifications for the construction of stormwater improvements at Dakota Park and 27th Street between Brunswick Avenue North and Dakota Avenue North. This project (City Project No. 2003-1300) was approved as part of the City’s on-going City-wide flood mitigation and improvement program. The Dakota Park improvements will provide flood protection for several properties adjacent to the Park and in the greater area as well. The improvements include reconstruction of 27th Street between Dakota and Brunswick, construction and expansion of new and existing detention areas within Dakota Park, and the installation of new outlet pipes. As part of the authorization to construct said improvements, a permit is required by the Minnehaha Creek Watershed District (MCWD). As a condition of the permit approval, MCWD is requiring that the City enter into an Agreement that provides for the long term maintenance of the detention area and related improvements. RECOMMENDATION: The attached Maintenance Agreement between the City and MCWD includes provisions that are consistent with the policies and procedures that are already a part of the City’s Comprehensive Stormwater Plan. The City Attorney has also reviewed the Agreement and does not have any objections or further comments. Staff recommends approval of the attached Maintenance Agreement. Attachment: Maintenance Agreement Prepared by: Scott Brink, City Engineer Reviewed by: Mike Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4g - Maintenance Agrmnt MCWD Dakota Pk Stormwater Improvements Page 2 MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Minnehaha Creek Watershed District And The City of St. Louis Park for the Dakota Park Drainage Improvement Project (City Project No. 2003-1300) This Stormwater Management Facilities Maintenance Agreement (“Agreement”) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D (“MCWD”), and the City of St. Louis Park, a home rule charter city of the State of Minnesota (“St. Louis Park”) for purposes of St. Louis Park’s Dakota Park Improvements (“project”). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes §103D.345, the MCWD has adopted and implements Rule N, Stormwater Management; WHEREAS under Rule N, certain land development activity requires a landowner to file for recordation a declaration or similar instrument establishing the landowner’s obligation in perpetuity to inspect and maintain stormwater management facilities; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may document its obligations in an unrecorded written agreement with the MCWD; WHEREAS St. Louis Park desires to undertake the development of a Drainage Improvement at 27th Street West and Dakota Park and has applied to the MCWD for a permit under Rule N for the project; WHEREAS the MCWD approved on [June 8th, 2007] permit 07-111 for the Project, subject to St. Louis Park’s agreement to, execution of, and complete fulfillment of the terms of this agreement; THEREFORE BE IT AGREED as follows: 1. St. Louis Park will comply with the following stormwater facility maintenance provisions for the project, according to the terms of permit 07-111 and this agreement: [STORMWATER FACILITY MAINTENANCE PROVISIONS GO HERE:]a. St. Louis Park will inspect all stormwater retention and detention ponds at least annually. Pond function will be considered inadequate if sediment accumulation has decreased the dry detention volume by 25 percent. St. Louis Park will restore the basin to its original design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. c. St. Louis Park will submit to the MCWD annually a brief written report that describes the maintenance activities performed under this Agreement, including dates, locations of inspection and maintenance activities performed. 2. St. Louis Park will bear and be solely responsible for all costs and responsibilities of completion of the maintenance requirements described in paragraph 1 of this agreement. St. Louis Park Council Meeting Item: 071607 - 4g - Maintenance Agrmnt MCWD Dakota Pk Stormwater Improvements Page 3 3. If St. Louis Park conveys into private ownership a fee interest in all or any portion of the property that is subject to this Agreement, as described in paragraph 1, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If St. Louis Park conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 4. This Agreement may be amended only in a writing signed by the parties. 5. This Agreement is in force for five years from the date on which it is fully executed and renews automatically for five-year terms unless terminated. Any obligations vested in St. Louis Park through incorporation into permit 07-111 before the effective date of termination will survive expiration. 6. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By ___________________________________ Date: President, Board of Managers APPROVED AS TO FORM and EXECUTION By ___________________________________ Date: Its Attorney CITY OF ST. LOUIS PARK By: _______________________________ Date: APPROVED AS TO FORM and EXECUTION By:________________________________ Date: City Attorney St. Louis Park Council Meeting Item: 071607 - 4h - Resolution Louisana-TH 7 STIP Application Page 1 4h. Motion to Adopt Resolution of Support for Trunk Highway 7/Louisiana Avenue Interchange Improvements. BACKGROUND: A proposed project is being submitted for federal funding under the Surface Transportation Program (STP) in the Non-Freeway Principal Arterial category for Trunk Highway 7 (T.H. 7). This proposed project would provide for the construction of a grade-separated interchange at Louisiana Avenue and T.H. 7. The project would also include pedestrian and bicycle friendly improvements along with re-configuration of the frontage roads in order to improve access, safety, and traffic flow for both the T.H. 7 corridor and Louisiana Avenue. A similar application for the intersection of Wooddale Avenue and T.H. 7 was successfully submitted in 2005. The City of St. Louis Park is submitting this application with the support of the Minnesota Department of Transportation (Mn/DOT). This proposed improvement is essential in meeting the transportation and safety needs of both Mn/DOT and the City, and has been identified accordingly in the City’s Capital Improvement Program (C.I.P.) and Comprehensive Plan. In addition to high commuter usage (congestion) in the T.H. 7 corridor, the T.H. 7/Louisana intersection experiences many other traffic and safety related problems. Louisiana Avenue serves as a vital north-south corridor through the City, carrying anywhere from 10,000 to 15,000 vehicles per day at this location. The close configuration of the frontage roads to T.H. 7 and the heavy traffic generation of properties in close proximity to the intersection (including Methodist Hospital and Sam’s Club) add to the intersection’s congestion. This intersection has also been identified as a higher safety priority concern for Mn/DOT. Despite recent signal timing modifications by Mn/DOT to the T.H. 7 corridor, the T.H. 7/Louisiana intersection still experiences significant delays during the peak traffic periods. In addition, traffic studies for potential future re-development activities and hospital expansions have determined that this T.H. 7/Louisiana improvement is a critical element in meeting the future transportation needs in this area. T.H. 7 also provides a barrier for bicycles and pedestrians to cross at Louisiana Avenue. A separated grade interchange will provide opportunities for pedestrians and bicyclists to safely cross the T.H. 7 corridor in order to link with destinations such as Louisiana Oaks Park, the Cedar Lake LRT Trail, and transit facilities, including a proposed future light rail station at Louisiana Avenue. PROCESS: The Surface Transportation Program funding application must be submitted to the Metropolitan Council by July 20, 2007. The solicitation process is conducted by the Metropolitan Council and a Transportation Advisory Board (TAB). Over a period of several months, various groups review and score the applications in accordance with established criteria. Projects in specific categories are ranked by total score and are endorsed accordingly. This process continues through the fall months and a recommendation is eventually forwarded by a Transportation Advisory Committee (TAC) to the TAB which ultimately recommends a list of projects in the draft 2009-20012 program. This process is expected to be completed by February, 2008. St. Louis Park Council Meeting Item: 071607 - 4h - Resolution Louisana-TH 7 STIP Application Page 2 COST: If the application is approved, construction would be expected to commence in 2011 and be completed in 2012. Total project cost, not including right of way, is estimated to be $9.2 million. At this time, $7,000,000 in federal funds is being requested. State and/or City funds will be needed to fund the remainder of the project. At this time, it is not known specifically what the Mn/DOT vs. City share would be. City funds to advance this project have not been identified at this point in time. RECOMMENDATION: Staff recommends adopting the attached resolution providing support for funding for the Trunk Highway 7/Louisiana Avenue Interchange Improvements. Attachments: Resolution Prepared by: Scott Brink, City Engineer Reviewed by: Michael Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4h - Resolution Louisana-TH 7 STIP Application Page 3 RESOLUTION NO. 07-074 RESOLUTION OF SUPPORT OF TRUNK HIGHWAY 7/LOUISIANA AVENUE INTERCHANGE IMPROVEMENTS, CITY OF ST. LOUIS PARK, MINNESOTA WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, this project is consistent with the City of St. Louis Park Capital Improvement Plan and Comprehensive Plan and it is believed to be consistent with the policies of the Metropolitan Council’s Development Guide, including the Transportation Policy Plan and Regional Development Framework; and WHEREAS, this project is located in a significant high use transportation corridor Trunk Highway 7 (T.H. 7) in the Twin Cities metropolitan area; and WHEREAS, this project supports improvements planned to the regional and local transportation system at T.H. 7 and Louisiana Avenue; and WHEREAS, this project supports and enhances inter-modal transportation uses, including motor vehicle, transit, light rail, bicycle, and pedestrian uses; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides upgrade to the regional transportation system; and WHEREAS, the City of St. Louis Park in conjunction with it partners accept responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with costs for design, administration, right-of-way, and peripheral project costs. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park in regular meeting assembled to adopt this Resolution in support of the request for federal funds under the Surface Transportation Program for the Trunk Highway 7/Louisiana Avenue Interchange Improvement project. BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission with the Trunk Highway 7/Louisiana Avenue Interchange Improvement project submittal. St. Louis Park Council Meeting Item: 071607 - 4h - Resolution Louisana-TH 7 STIP Application Page 4 BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 4i - Bid Tab Street Maintenance Annual Sealcoat 2007-0001 Page 1 4i. 2007 Street Sealcoat Project Bid Tabulation: Motion to designate Pearson Brothers, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $197,586.45 for the 2007 Street Sealcoat Project, No. 2007-0001 BACKGROUND: Sealcoating is the surface application of an asphalt material followed by the placement of aggregate (rock) which is embedded into the asphalt material while it is liquid. The purpose of this treatment is to add surface friction to the pavement, facilitating vehicle traction, and to seal the surface from oxidation and the effects of moisture. Sealcoating can extend the life of a pavement, in good condition, by 5-9 years. The City’s Pavement Management Program provides for the sealcoating of each street once every eight (8) years. Area 7 of the Pavement Management Program is scheduled for sealcoating in 2007. These streets were last sealcoated in the early 1990’s. Area 7 comprises the streets in the Pennsylvania Park, Eliot, North Side and Eliot View neighborhoods. A few residential streets located in the northwest corner of the Blackstone neighborhood have also been added to this year’s contract due to their close proximity to Area 7. A map of the streets to be sealcoated is attached. Not all streets in Area 7 will be sealcoated. Based on the city’s computerized pavement management software and visual inspections by City staff, several streets in the area were determined to be in need of more aggressive maintenance than has been done in the past. Sealcoating these streets at this time would be an inappropriate use of resources. Thus, they have been eliminated from this sealcoat project with the understanding that they are scheduled for higher levels of maintenance or rehabilitation in 2011, as part of the overall Pavement Management Program. BID ANALYSIS: Bids for the project were received on July 9, 2007. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on June 21, and 28, 2007 and in the Construction Bulletin on June 18, and 25, 2007. A summary of the bid results is as follows: Contractor Base Bid Add Alternate Bid Total Base Bid plus Alternate Pearson Brothers, Inc. $197,586.45 28,250.00 225,836.45 Allied Blacktop Company $281,158.33 26,125.00 307,283.33 Engineer’s Estimate $236,500.00 19,920.00 256,420.00 The bid proposal for this project included a Base Bid for sealcoating the City Streets plus an Alternate Bid for additional work to sealcoat the Rec Center parking lot. Staff has decided not to use this type of sealcoat method for the parking lot; therefore the Alternate Bid will not be included in this contract award. Two (2) contractors submitted bids. A review of the bids indicates Pearson Brothers, Inc. submitted the lowest bid. Pearson Brothers is a reputable contractor who has worked for the City before. Staff recommends that a contract be awarded to the firm in the amount of $197,586.45. St. Louis Park Council Meeting Item: 071607 - 4i - Bid Tab Street Maintenance Annual Sealcoat 2007-0001 Page 2 FINANCIAL CONSIDERATIONS: Costs for sealcoating the local streets will be paid from the City’s Pavement Management Fund. Municipal State Aid streets in Area 7 that are sealcoated will be paid from the Citywide Public Works Operations budget. The 2007 Capital Improvement Program has budgeted $240,000.00 for this year’s sealcoat project. PROJECT TIMING: This work is expected to take place between August 1 and August 31. The entire process on a given street takes approximately 72 hours. Streets will be posted for “No Parking” beginning the day before work is to occur. Residents will receive notice of the impending construction and parking restrictions. Attachment: Maps (supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 071607 - 4j - Special Assessment Water Service Line Repair 4341 Browndale Page 1 4j. Motion to Approve Resolution Establishing a Special Assessment for the Repair of the Water Service Line at 4341 Browndale Avenue South. BACKGROUND: Jon Palmer, owner of the single family residence at 4341 Browndale Avenue South, has requested the City to authorize the repair of the water service line for his home and assess the cost against the property in accordance with the City’s special assessment policy. ANALYSIS: 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 sewer or water 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 $5,287.00. Attachment: Resolution Prepared by: Scott Anderson, Utility Superintendent Through: Mike Rardin, Public Works Director Bruce DeJong, Director of Finance Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 071607 - 4j - Special Assessment Water Service Line Repair 4341 Browndale Page 2 RESOLUTION NO. 07-075 RESOLUTION AUTHORIZING THE REPAIR AND SPECIAL ASSESSMENT OF THE WATER SERVICE LINE AT 4341 BROWNDALE AVENUE SOUTH, ST. LOUIS PARK, MN WHEREAS, the Property Owner at 4341 Browndale 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 4341 Browndale 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 Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $5,287.00. 4. The total special assessment against the property has been determined to be $5,287.00. 5. 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. 6. The Property Owner has agreed to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of the 20 year Treasury bill rate on November 1, 2007 plus 1%. St. Louis Park City Council Meeting Item: 071607 - 4j - Special Assessment Water Service Line Repair 4341 Browndale Page 3 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 July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 4k - Receive Donations Page 1 4k. Motion to Receive Donations BACKGROUND: State statute requires City Council 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. Staff has received several donations in the past few weeks. We have received $100 from Residential Mortgage Group. They provide a $50 donation from each mortgage they close in the name of the home purchaser. The donors in these instances are Karen Wing, 2725 Brunswick Ave. and Mr. and Mrs. Adrian Ratnayake, 3136 Calhoun Parkway, #203. There are no restrictions on the use of these funds. Another donation has been received in the Fire Department for $50. This was by a resident who was appreciative of the care given by department personnel who responded to her medical emergency. The last donation that we are accepting at this time is from Home Depot. They are donating materials worth approximately $75 for a neighborhood organization to make some signs. The neighborhood group is not incorporated so the City will be the receiving entity for Home Depot’s tax deduction, but we will pass the materials directly to the association. RECOMMENDATION: Staff recommends that the City Council accept the donations. Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4l - Maintenance Agrmnt MCWD Aquila Pk Tennis Court Addition Page 1 4l. Motion to Authorize Execution of Maintenance Agreement Between the City of St. Louis Park and the Minnehaha Creek Watershed District (MCWD) for Aquila Park Tennis Court addition. BACKGROUND AND DISCUSSION: On May 21, 2007, the City of St. Louis Park approved a Conditional Use Permit for the construction of tennis courts at Aquila Park. This project is a joint effort between Benilde-St. Margaret’s High School and the City of St. Louis Park. Four addition tennis courts will be added to the existing four courts at Aquila Park. As part of the authorization to construct said improvements, a permit is required by the Minnehaha Creek Watershed District (MCWD). As a condition of the permit approval, MCWD is requiring that the City enter into an Agreement that provides for the long-term maintenance of the drainage area near the tennis courts. RECOMMENDATION: The attached Maintenance Agreement between the City and MCWD include provisions that are consistent with the policies and procedures that are currently part of the City’s Comprehensive Stormwater Plan. The City Attorney has reviewed the Agreement and does not have any objections or further comments. Staff recommends approval of the attached Maintenance Agreement. Attachment: Maintenance Agreement Prepared by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 4l - Maintenance Agrmnt MCWD Aquila Pk Tennis Court Addition Page 2 MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Minnehaha Creek Watershed District and the City of St. Louis Park for the Infiltration basin at Aquila Park This Stormwater Management Facilities Maintenance Agreement (“Agreement”) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D (“MCWD”), and the City of St. Louis Park, a home rule charter city of the State of Minnesota (“St. Louis Park”) for purposes of St. Louis Park’s Infiltration basin at Aquila Park (“project”). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes §103D.345, the MCWD has adopted and implements Rule N, Stormwater Management; WHEREAS under Rule N, certain land development activity requires a landowner to file for recordation a declaration or similar instrument establishing the landowner’s obligation in perpetuity to inspect and maintain stormwater management facilities; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may document its obligations in an unrecorded written agreement with the MCWD; WHEREAS St. Louis Park desires to undertake the development of a Infiltration basin at Aquila Park, 8400 33rd Street W, St. Louis Park C and has applied to the MCWD for a permit for under Rule N for the project; WHEREAS the MCWD approved on May 28th, 2007 permit 07-142 for the Project, subject to St. Louis Park’s agreement to, execution of, and complete fulfillment of the terms of this agreement; THEREFORE BE IT AGREED as follows: 1. St. Louis Park will comply with the following stormwater facility maintenance provisions for the project, according to the terms of permit 07-142 and this agreement: a. Infiltration basins must be kept clean of excess sediment and debris such that there is no standing water at the near surface 48 to 72 hours after a storm event. Infiltration may be restored by sediment removal, surface raking, core/disc aeration, etc. Healthy grass turf must be maintained within the infiltration basin. b. St. Louis Park will inspect structures and other stormwater facilities annually. Accumulated sediment and debris will be removed so that the facility continues to operate as designed and erosion or structural problems will be corrected. 2. St. Louis Park will bear and be solely responsible for all costs and responsibilities of completion of the maintenance requirements described in paragraph 1 of this agreement. 3. If St. Louis Park conveys into private ownership a fee interest in all or any portion of the property that is subject to this Agreement, as described in paragraph 1, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur St. Louis Park Council Meeting Item: 071607 - 4l - Maintenance Agrmnt MCWD Aquila Pk Tennis Court Addition Page 3 either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If St. Louis Park conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 4. This Agreement may be amended only in a writing signed by the parties. 5. This Agreement is in force for five years from the date on which it is fully executed and renew automatically for five-year terms unless terminated. Any obligations vested in St. Louis Park through incorporation into permit 07-142 before the effective date of termination will survive expiration. 6. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR THE CITY OF ST. LOUIS PARK: Attest: Nancy Stroth, City Clerk Jeff Jacobs, Mayor (seal) Tom Harmening, City Manager Approved as to form and execution By Date: Its Attorney FOR MINNEHAHA CREEK WATERSHED DISTRICT: By Date: President, Board of Managers Approved as to form and execution By Date: Its Attorney St. Louis Park City Council Meeting Item: 071607 - 4m - Resolution Final Payment Commercial Roofing Page 1 RESOLUTION NO. 07-076 RESOLUTION ACCEPTING WORK ON ROOF REPLACEMENT CITY HALL – 5005 MINNETONKA BLVD CITY PROJECT NO. 2008-1300 CONTRACT NO. 07-07 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated February 5, 2007, Commercial Roofing, Inc. has satisfactorily completed the replacement of the roof at City Hall, 5005 Minnetonka Boulevard, as per Contract No. 07-07. 2. The Director of Inspections has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $121,174.00 Change Order/Overrun .00 Previous Payments .00 Balance Due $121,174.00 Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 4n - Planning Commission Minutes 060607 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 6, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Jerry Timian MEMBERS ABSENT: Carl Robertson STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: May 16, 2007 Commissioner Kramer moved approval of the minutes. Commissioner Morris seconded the motion, and the motion was approved on a vote of 5-0. Commissioner Carper arrived at 6:02 p.m. 3. Hearings A. Preliminary Plat for Subdivision of one lot into two lots Location: 9340 W. 28th Street Applicant: Willie Howard Case No.: 07-21-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He noted that the applicant had not applied for a variance to put in a sidewalk and was willing to put one in although it would not connect to another sidewalk. The subdivision ordinance gives the Planning Commission the ability to recommend a variance to the Council, if it chooses. Willie Howard, applicant, stated that he met with builders and discussed building two compatible homes. He stated that he wants to retain as many trees as possible. Chair Johnston-Madison asked if it would be a hardship if the Planning Commission suggested a sidewalk variance? Mr. Howard replied no. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. St. Louis Park Council Meeting Item: 071607 - 4n - Planning Commission Minutes 060607 Page 2 Commissioner Person made a motion to recommend approval of the Preliminary Plat, subject to conditions recommended by staff. Commissioner Morris seconded the motion. Commissioner Morris asked for clarification of condition No. 2 requiring the applicant to demolish the existing home and immediately build a new home for occupancy. He asked if the applicant was prepared to build the home he was going to live in. Mr. Howard replied, yes, he was prepared to build the home he would be occupying. Commissioner Kramer commented that he opposed the last sidewalk variance considered by the Planning Commission. He said he would also oppose a sidewalk variance for this application as the neighborhood would be missing an opportunity to have a sidewalk. Commissioner Morris noted the reason he recommended approval of the last sidewalk variance request was because of the geography and slope of the area where the sidewalk would have been located. In this circumstance, he felt the site could support a sidewalk and he supported putting one in. Commissioner Carper concurred with Commissioner Morris. His understanding was that there was no request for a variance and there would be a sidewalk. Chair Johnston-Madison restated the motion. The motion passed on a vote of 6-0. 4. Other Business - None 5. Communications Meg McMonigal, Planning and Zoning Supervisor, noted that she handed out the latest Southwest Transit newsletter for Commissioners’ information. The next study phase, the draft Environmental Impact Statement, will begin in a few months. Commissioner Morris spoke about an informational meeting regarding the Wooddale/Highway 7 grade separation. He said it is an ambitious proposal and major change to the intersection. If Commissioners haven’t seen it, he suggested they may want to acquire the maps. There are two proposals. The Elmwood neighborhood will be further impacted by the changes. St. Louis Park Council Meeting Item: 071607 - 4n - Planning Commission Minutes 060607 Page 3 Commissioner Person asked if Highway 7 would be realigned. Commissioner Morris replied no. All of the frontage and service roads would change. There will be a bridge over Highway 7. Ms. McMonigal said that the design process was just beginning and the plans were conceptual. Plans will be available on the web site. There will also be opportunity for comment on the web site. Commissioner Timian noted STEP had bid on a property for purchase. Ms. McMonigal reminded Commissioners that July meetings will be held on the 11th and the 18th. 6. Adjournment The meeting was adjourned 6:18 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 071607 - 4o - Human Rights Commission Minutes 051507 Page 1 City of St. Louis Park Human Rights Commission Minutes – May 15, 2007 Westwood Room, City Hall I. Call to Order Vice Chair Taylor called the meeting to order at 7:06 p.m. A. Roll Call Commissioners Present: Mohamed Abdi, Ahmed Maaraba, Sharon Lyon, Lisa Miller, Joe Polach, Dalton Shaughnessy and Shelley Taylor Absent: Karmit Bulman and Sonja Johnson Staff: Marney Olson and Amy Stegora-Peterson B. Approval of Agenda The agenda was approved as presented. C. Approval of Minutes It was moved by Commissioner Maaraba, seconded by Commissioner Taylor, to approve the minutes of April 17, 2007, as presented. The motion passed 6-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Olson reported: o Greg Asche has stepped down and Dalton Shaughnessy will serve in his place. o Commissioners were asked to sign an amended privacy release form so Email addresses can be shared for Commission business. o Parliamentary procedure training was held. The HRC is primarily a discussion format, but the Commission needs to make motions (as necessary) and take vote because of legal requirements. She would distribute handouts from the training. o Commissioner Miller volunteered to work with Erica Seltzer-Schultz on the School Equity Plan and working with School staff. Commissioner Lyons distributed cards for the Community Photo Project Exhibit to be held on June 7th. B. Committee reports - International Film Series Commissioner Taylor reported that the Commission received a grant of $1,000 and a promise from the City to underwrite advertising for the film series. The sub committee decided to do five films starting in July. Films need to be purchased or rented. The Commission could collect donations, but further discussion was needed. A suggestion was made to contact the VFW for a grant. St. Louis Park Council Meeting Item: 071607 - 4o - Human Rights Commission Minutes 051507 Page 2 Commissioner Polach agreed to contact the VFW. Commissioners should try to attend and commit to help with set up, etc. Dates are: 7/19, 8/16, 9/20, 10/18 and 11/15. Ms. Olson stated she would have the film series information put on the City web site and in the Park Perspective. III. Unfinished Business A. May 20th Children First Ice Cream Social Planning and sign-up Ms. Olson distributed a sign up sheet. She noted they would have buttons, posters and other handouts and would be getting displays from the ELL classes. The Police Dept. would let them use their helium tank for balloons (kids could decorate balloons). B. Parktacular Planning Ms. Olson noted Packtacular is June 16th and would have booths set up from various organizations. The majority of Commissioners present were unable to attend. Ms. Olson indicated she would check into putting brochures about the Commission at another booth. C. Spanish Immersion School Graffiti Ms. Olson indicated Commissioner Bulman had been unsuccessful meeting with the Principal. The Commission decided to form a sub committee to work with the School on this issue and help with education. Commissioners on the sub committee: Miller, Polach and Bulman. IV. New Business A. April 24th ELL Mini Forum Event Report Commissioners agreed the forum was a success. They discussed concerns and what could be done for follow up. A suggestion was made to send a list of the forum highlights to the City Council. Ms. Olson agreed to put something together for the Council. She also suggested that some of the information ELL students noted they were unaware of (transportation, parks, etc.) could be included in new resident packets. Commissioner Abdi stated that the City’s cable channel was a good source of information and he was looking into that. V. Set Agenda for Next Meeting • Diversity plan from Vision Task Force VI. Adjournment The meeting was adjourned at 8:41 p.m. St. Louis Park Council Meeting Item: 071607 - 4p - Planning Comm Minutes 062007 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 20, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call Commissioner Carper arrived at 6:04 p.m. Commissioner Timian arrived at 6:10 p.m. 2. Minutes: June 6, 2007 Commissioner Morris moved approval of the minutes. Commissioner Person seconded the motion, and the motion was approved on a vote of 3-0-1 (Robertson abstained). 3. Hearings A. Major amendment to Special Permit for Youngstedt’s Mobil Location: 5925 Excelsior Boulevard Applicant: Distyle Design Case No.: 07-23-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant proposes to convert the car wash into a storage area and to build a small addition to the south of the building where they would add two additional service bays. They also propose additional landscaping and a facelift to the existing building. He said staff recommends that the driveway be relocated further to the south to meet code provisions. Commissioner Robertson asked about the Brookside driveway access and where it was measured from. Mr. Morrison replied it was measured at the curb. Commissioner Carper asked about the glass windows in the door and if they were translucent or transparent? Mr. Morrison replied he did not know. St. Louis Park Council Meeting Item: 071607 - 4p - Planning Comm Minutes 062007 Page 2 Commissioner Morris indicated he was confused as to the shifting of the driveway. He asked if the plans showed the existing location or the location proposed. Mr. Morrison replied what was shown was the existing location. The applicant asked to have it remain where it was. Moving it to the south would require the removal of a tree. Staff recommended that the driveway be moved. Michael Kniseley, Distyle Design project architect, stated they preferred not to move the access drive on Brookside any further south. It would require removing an existing tree and would also direct incoming traffic right at the side of the building, which would create difficult turns, especially for larger vehicles. The flow was better the way it currently exists. The parking on the railroad right-of- way was leased. They didn’t have any indication from the railroad what their input was relative to adding the curb and gutter along that face. They would like to work with staff on those issues. Mr. Knisely said that the glass was clear on the overhead doors and the bottom panel is aluminum. Commissioner Carper asked about the size of the largest vehicle that might be serviced at this site. Craig Stace, Youngstedt Inc., replied the largest vehicle would be a 20-foot straight truck. It would be very difficult if the driveway was moved. Chair Johnston-Madison opened the public hearing. Carol Engelkes, 4058 Brookside, stated her concerns regarded landscaping and parking. She said residents currently can’t park on Brookside Ave. because of the hair salon. She said Brookside Ave. feels like a parking lot. She asked if the City was making Brookside Ave. into a commercial district. Mr. Morrison discussed the landscaping plan on Brookside Ave. The applicant needs to plant a few more trees on the site, which will help with screening. Commissioner Carper asked Mr. Morrison to indicate Ms. Engelkes’ property on the plans. Mr. Morrison showed the property on the map and he discussed the area. Ms. Engelke said she felt the parking lot for the hair salon was insufficient for the employees and customers. Commissioner Carper stated that it appeared there was not an issue of a direct view of the glass garage doors from any portion of Ms. Engelke’s property. He asked if that was correct. St. Louis Park Council Meeting Item: 071607 - 4p - Planning Comm Minutes 062007 Page 3 Mr. Morrison replied that the glass door on the west elevation would be blocked by the office building. Ms. Engelke said that there are other residences in the area. Commissioner Carper noted that the most immediate home, with the angles involved, would have no view of the garage. The office building blocked the view. Commissioner Person noted there were 18 parking stalls. He asked if staff feels there wouldn’t or shouldn’t be any parking overflowing to Brookside Avenue caused by the garage? Mr. Morrison replied parking was adequate and exceeded the code by one or two spaces. Vehicles that are parked in the lot are waiting to be serviced and cars should not be in the lot for long periods of time. If a vehicle is going to be junked, it should be removed from the property promptly. Meg McMonigal, Planning and Zoning Supervisor, added there are six additional spaces, for a total of 24 on the site. The condition recommended states, “inoperable vehicles shall not be stored outside except those scheduled for service within two weeks of receipt of vehicle.” Chair Johnston-Madison closed the public hearing. Commissioner Timian asked about employee parking. Mr. Stace replied that employees park on site and not on Brookside Ave. The maximum number of employees at that site would be seven. Ms. McMonigal clarified that the public street is open to anyone, although owners can be asked to encourage employees to park in lots. Commissioner Carper felt the issue of public safety that was brought up in terms of the location of the driveway seemed a preference, rather than insistence of the Police Dept. He asked if the City compels the owner to move the driveway, is the applicant responsible for tree replacement. He asked if the change of that driveway has been considered in terms of the traffic flow of the business. Mr. Morrison responded the owner would be responsible for tree replacement. He commented that as far as the relocation of the driveway to the south and traffic flow, on-site it looks like everything works and it is pretty open. Off-site at the intersection, situations could occur where there are a couple cars parked or people coming off of Excelsior trying to make the quick turn into the driveways. They try to avoid that at any intersection to keep the traffic moving and prevent sudden St. Louis Park Council Meeting Item: 071607 - 4p - Planning Comm Minutes 062007 Page 4 stops. The Police Department strongly encouraged that the driveway be moved to keep traffic moving and prevent sudden stops. Commissioner Robertson asked the required width for the new driveway. Mr. Morrison replied 25 feet was the general width. Commissioner Robertson stated he had sketched the relocated driveway on the site plan and it seemed to work. Chair Johnston-Madison stated the recommended motion. Commissioner Morris made a motion to recommend approval of the major amendment to the special permit, subject to conditions recommended by staff. Commissioner Person seconded the motion. Commissioner Morris commented he was familiar with the site and it seems quite a few vehicles parking on Brookside are going to Bunny’s. He said given the current use and view of the property, the proposal is an aesthetically pleasing change. It would have less traffic, the canopy will be removed, the building and landscaping upgraded, and parking changed. He said it was an improvement, which was why he supports it. Commissioner Robertson commented he also liked what the applicant had done aesthetically and he was in favor of the project. The motion passed on a vote of 6-0. 4. Other Business 5. Communications Ms. McMonigal commented that staff was putting together a committee to look at the retail and public gathering spaces related to the Duke development. The committee would meet once a month to the end of the year. She asked for Planning Commission representation on the committee. Commissioner Morris asked about the need to have an on-going study group. Ms. McMonigal replied Duke is going forward with an office development, but there are a lot of questions about the retail design and layout as well as where public gathering spaces would be and what they would include. Ideally there will be 7-9 members including representatives from the Planning Commission, Parks Commission, business community, and neighborhoods. Meetings will be open to the public. Commissioners Robertson and Person volunteered to serve on the committee. St. Louis Park Council Meeting Item: 071607 - 4p - Planning Comm Minutes 062007 Page 5 Ms. McMonigal spoke about planning for the upcoming Comprehensive Plan revision. Commissioner Carper asked about the Planet Ford site traffic study. Ms. McMonigal replied that the traffic study is completed and revised, including Planning Commission recommendations. The applicant asked for consideration of their request to be held off until the City Council’s July 16th meeting. She said she would send a copy of the traffic report to Planning Commissioners. Ms. McMonigal stated that the study looked at the intersection of 35th and Beltline and recommended that no signal was needed at that intersection. 6. Adjournment The meeting was adjourned 6:35 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 071607 - 4q - Housing Authority Minutes 050907 Page 1 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, May 9, 2007 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Trinicia Hill, Anne Mavity, Judith Moore STAFF PRESENT: Kevin Locke, Michele Schnitker, Bruce DeJong, Kathy Larsen and Sharon Anderson 1. Call to Order The meeting was called to order at 5:02 p.m. 2. Approval of Minutes for April 11, 2007 After a minor correction made by Commissioner Fillbrandt, Commissioner Mavity moved to approve the minutes of March 14, 2007. Commissioner Fillbrandt seconded the motion. The motion passed 5-0. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business Prior to discussion of the agenda items, Chairperson Courtney stated that she and Commissioner Fillbrandt had attended a session for parliamentary procedure and offered some of the thoughts/changes to procedure from that session. a. Approval of Excess Land – Edgebrook Ms. Larsen provided an overview of the staff report. In response to a question by Commissioner Mavity, Ms. Larsen stated that previously suggested revisions had been incorporated in to the Development Agreement and that the Agreement had been reviewed by Campbell Knutson. There was discussion about the design of the house, in particular the unusual feature of an up and down garage. Ms. Larsen pointed out that the sale of the property will be contingent upon approval of the house and site plans. Commissioner Mavity moved to authorize execution of a Development Agreement with Mark Shirley for the purchase and development of the property at 7701 St. Louis Park Council Meeting Item: 071607 - 4q - Housing Authority Minutes 050907 Page 2 2 Edgebrook Drive, in accordance with the guidelines established by the City Council and the Home Renewal Program and contingent upon the approval of house and site plans. Commissioner Fillbrandt seconded the motion which passed on a vote of 5-0. b. Approval of Investment Policy Ms. Schnitker suggested deferring this item to allow time for Finance staff to review the document in accordance with HUD regulations relative to investments. It could then be brought back to the June meeting. Ms. Schnitker introduced City Finance Director, Bruce DeJong. Commissioner Mavity stated that she felt it would be helpful to raise some of the questions to assist Finance staff in preparation of the final document for the June meeting. There was discussion about pooling of funds to maximize investment earnings. The concern was primarily with the word “shall” consolidate…..earnings. Commissioner Mavity asked if it might be advantageous in some cases to not pool funds, in which case the word “shall” would be restrictive. Chairperson Courtney suggested use of the word “may.” Mr. DeJong said that either word would be acceptable. Commissioner Mavity and Commissioner Moore raised questions relative to Liquidity. There was also discussion about Investment Types and Reporting and Review. All of the questions will be reviewed and taken into account in preparation of the final document to be brought back to the Board for approval. c. Public Housing Collection Write-Off, Resolution No. 560 Ms. Schnitker explained that some additional accounts had become past due since the write-off the preceding month. Staff felt it would be prudent to include this additional amount of $1,773.47. Commissioner Mavity moved approval of Resolution No. 560, designating $1,773.47 as collection losses for damages, unpaid rents, and other charges. Commissioner Moore seconded the motion. The motion passed 5-0. d. Approval of SEMAP Certification Ms. Schnitker explained that SEMAP is a management assessment system utilized by HUD to annually measure the performance of local housing agencies that administer the Section 8 rental assistance program. Ms. Schnitker pointed out that based on staff’s examination of the HA’s records, the HA will receive a score of 104% and continue to retain high performer status. Ms. Schnitker commented that this is not the final certification since the final score will be provided by HUD. Ms. Schnitker stated that Ms. Stromberg does an excellent job with the program. St. Louis Park Council Meeting Item: 071607 - 4q - Housing Authority Minutes 050907 Page 3 3 Commissioner Moore moved to approve execution and transmission of HUD-Form 52648 SEMAP Certification. Commissioner Hill seconded the motion which passed 5-0. 7. Communications from Executive Director a. Claims List May – 2007 Chairperson Courtney pointed out that in the parliamentary procedure session, it was stated that it is not necessary to approve or ratify treasurer’s reports. Mr. DeJong pointed out that the Claims List is not a treasurer’s report and offered that the City Council in essence approves every check that is written. The Board had concerns that their ratification occurs after the checks have been written. It was the consensus that the Claims List would be filed subject to audit. b. Communications 1. Monthly Report for May, 2007 2. Family Self-Sufficiency Annual Report 3. Development Report 4. Scattered Site Houses and Hamilton House (verbal report) 5. Draft Financial Statements -- Report 6. HA Board Meeting with Council Ms. Schnitker distributed sheets indicating potential dates for meeting with the Council. Due to vacations during the summer months, it was decided that an attempt would be made to meet with the Council on September 10th or September 24th. 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Hill seconded the motion. The motion passed 5-0. The meeting adjourned at 6:10 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 1 8a. Second Reading of Ordinance amending City Code Rental Housing Sections 8-327, 8-328, 8-331, and 8-332, approve summary and authorize publication. This report requests that the City Council adopt the proposed ordinance intended to enhance the rental licensing program with the addition of Crime Free/Drug Free Disorderly Use components. Recommended Action: Motion to approve Second Reading of Ordinance amending City Code Section 8-327 Rental Housing required application information; adding Sections 8-328 Crime Free/Drug Free Training, 8-331 Crime Free/Drug Free and Disorderly Use Lease requirements, and 8-332 Administrative License Violation Fee, approve summary and authorize publication. BACKGROUND: On June 18, the City Council approved the first reading of an ordinance amending Chapter 8, Article II establishing a Crime Free/Drug Free Rental Housing Program. Following discussion, Council directed staff to further research questions on possible exemptions for relative occupied homes, training requirements, and renter responsibility for the actions of guests. Since June 18 staff has also received questions and comments on other aspects of the ordinance. The ordinance and summary are now being presented for second reading with minor additions. ANALYSIS: Exemptions - The ordinance is intended to ensure that all owners with licensed property are informed and have the tools to resolve potential issues which may arise. These are important considerations for owners of either an apartment complex or single family home/duplex. Staff is aware of some licensed single family homes (non-owner occupied) that are occupied by family members of the owner due to estate planning, children in college, or other similar situations. Now included in the proposed ordinance is an exemption from attending the training required in Section 8-328 for an owner whose only rental housing is a single family dwelling homesteaded by a relative. This exemption narrowly defines these situations and is relatively easily identifiable since relative homestead must be filed annually with the City Assessor. This is a reasonable exemption due to the relationship between owner and tenant and would cease if the property was rented to another party. All other portions of the ordinance would continue to apply. The eight-hour training class is a significant component of developing a proactive program and partnership to prevent problems from arising. The Police Department is planning on offering the class during the days, evenings, as well as weekend sessions and will offer it several times through the end of the year to accommodate the property owners and managers who have not yet attended the training. Staff is also looking into the possibility of providing the training on-line. Responsibility of actions of guests - The City Attorney has reviewed the proposed ordinance Section 8-331, stating “residents, any members of the residents household or guests or other person affiliated with the resident shall not engage in criminal activity including driver related criminal activity on or near the premises”. The City Attorney has concluded this language may St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 2 be adopted and enforceable. Inclusion of this language and the resulting scope of the ordinance is a policy decision for Council to consider. Staff is not recommending any changes which could reduce the program’s ability to be an effective and efficient tool in maintaining quality of life for the community. Please note that the ordinance has also been modified to clarify that it pertains to all tenants residing in the rental unit where a violation of the ordinance has occurred. State Licensed Residential Facilities - Following recent questions and concerns received from the public, staff investigated the effect of the proposed ordinance on State licensed residential facilities. City rental licenses are currently issued under the requirements of Section 8, Article II, which have been in place for several years. These group home and similar type facilities will often have clients residing in a property which is owned and managed by a company under contract with the State or County. The contractual relationship to provide housing in these group homes would not allow the use of a Crime Free/Drug Free and Disorderly Use Lease or lease addendum. Section 8-331 of the proposed ordinance now includes an exemption from the Crime free/drug free lease requirements for State licensed residential facilities, preventing conflicts and recognizing the control offered by the State license in these situations. This affects relatively few properties and in all those cases, if a problem were to occur, the City can work with the licensing authority for resolution. Emergency, medical and domestic abuse calls - Section 8-331, item (g) has been added to the proposed ordinance to clarify that the notification of violations and termination of tenancy requirements of the ordinance do not apply when Police are called for Emergency Service or in cases of domestic abuse as defined in Minnesota Statute. While the State Statute provides this protection, the addition of this section clarifies any potential misunderstanding or misinterpretation. The ordinance in no way penalizes the property owner or tenant for calling Police or Emergency Services. The Police Department will continue to request they be called and be available to assist in prevent and resolving issues that may arise. The only time in which the notification and termination of tendency requirements of the ordinance would be applied is when the Police Department verifies that a violation has occurred. Complaints filed by neighbors or adjoining tenants do not constitute verification of violation. RECOMMENDATION: Proposed ordinance amendment is intended to enhance the rental licensing program with the addition Crime Free/Drug Free Disorderly Use components. Staff recommends consideration of the modified ordinance prepared by the City Attorney for second reading. Attachments: Proposed Ordinance Summary Ordinance for publication Prepared by: Brian Hoffman, Director of Inspections John Luse, Chief of Police Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 3 ORDINANCE NO. 2334-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK, MINNESOTA RELATING TO RENTAL HOUSING LICENSES, REQUIRING CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE LANGUAGE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Crime Free/Drug Free and Disorderly Use Lease Language Requirements. Chapter 8, Article II, Subdivision VIII of the Code of Ordinances relating to rental housing is amended in its entirety to read as follows: Sec. 8-326. License required. (a) The owner of a residential building or portion thereof operated as rental housing with one or more dwelling units must obtain a rental housing license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. (b) The term “rental housing” means any occupied dwelling or dwelling unit that is not owner occupied. The term includes any dwelling or dwelling unit occupied by a relative of the owner. (c) Exceptions. No license shall be required under the following circumstances: (1) A single family dwelling or single dwelling unit of a duplex occupied by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Rented dwelling units that are part of a condominium or townhouse association. Sec. 8-327. Required Application Information. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. Contact information for the owner and property manager must be provided on the license application, and the owner must provide the city with any changes occurring within the license period. The owner may be the designated property manager. The owner must submit verification with the license application that the designated property manager has attended required training as St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 4 specified in this section and that the Crime Free/Drug Free and Disorderly Use language required by this section is contained in the licensed property tenant lease or leases. Section 8-328. Crime Free/Drug Free Training. The owner or property manager must have attended an approved training program in The Minnesota Crime Free Multi-Housing Program before any rental license is issued. A Provisional License may be issued for six months to accommodate the training schedule. An owner whose only rental housing is a single family dwelling homesteaded by a relative is exempted from the training program. Sec. 8-329. Maintenance. The owner of rental housing must maintain all units, common space and exteriors of such buildings in compliance with the City Code and state and federal laws and regulations. The owner of such rental housing shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. Sec. 8-330. City Inspections. (a) The owner of rental housing shall permit access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (b) The owner’s rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements. (a) All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use language: (1) Crime Free/Drug Free. 1. Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. 2. Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 5 3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4. Resident, any member of the resident’s household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2) Disorderly Use. 1. Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to prohibited noise. 2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3) Definitions. 1. The term “criminal activity” means prostitution, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. 2. The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 6 (b) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (c) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the Crime Free/Drug Free provisions of Subsection (a)(21) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(32) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (e) If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (f) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2. Sec. 8-332. Administrative License Violation Fee. An owner failing to proceed with an action to terminate the tenancy after Police Department notification in accordance with a Crime Free/Drug Free violation or the third Disorderly Use violation shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 7 Section 2. Effective Date. This Ordinance shall take effect fifteen days after its publication. First Reading June 18, 2007 Second Reading July 16, 2007 Date of Publication July 26, 2007 Date Ordinance takes effect August 10, 2007 ADOPTED this ______ day of ____________, 2007, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey W. Jacobs, Mayor ATTEST: _______________________________ Nancy Stroth, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney St. Louis Park Council Meeting Item: 071607 - 8a - 2nd Reading Crime Free Program Page 8 SUMMARY ORDINANCE NO. 2334-07 ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK, MINNESOTA RELATING TO RENTAL HOUSING LICENSES, REQUIRING CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE LANGUAGE This ordinance provides the establishment of insuring standards relating to crime free housing. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 16, 2007 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 26, 2007 St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 1 8b. Major Amendment to Special Permit for Youngstedts Mobil This report requests that the City Council adopt a Resolution to approve a major amendment to the special permit. Recommended Action: Motion to approve the major amendment to the special permit subject to conditions. DESCRIPTION OF REQUEST: The applicant is requesting approval of a major amendment to the special permit for the Youngstedts service station at 5925 Excelsior Blvd. The applicant is proposing to discontinue the motor fuel sales use and expand the motor service and repair use. They are proposing to expand the building from four service bays to six and to remove the fuel pumps. Process: The major amendment is required because the use is currently permitted by a special permit that was approved on July 15, 1985. Although the city no longer approves uses by special permit, the existing special permits remain in effect and may be amended by a process similar to the process required of a conditional use permit approval or amendment. An amendment to the special permit is reviewed under the current zoning ordinance requirements. The site is zoned C-2 General Commercial. The use must also conform to the zoning requirements and the conditions listed in the approved special permit. Motor vehicle service and repair is allowed by conditional use permit in the C-2 district, and the proposal was reviewed under those standards. Review of the application indicates that the development has the ability to meet all conditions required under the zoning ordinance. Planning Commission: The Planning Commission reviewed the application, and conducted a public hearing on June 20, 2007. The minutes of this meeting are attached for your review. One person spoke about concerns of on-street parking resulting from other businesses in the area. This proposal provides two more parking spaces than required by code, therefore, the commission and staff believes this proposal will not result in additional on-street parking. There was some discussion about staff’s recommendation to move the driveway on Brookside Ave approximately 20 feet further from Excelsior Blvd to comply with the 50 foot setback from Excelsior Blvd required by today’s code. The Commission agreed with staff’s recommendation, and included the requirement in their recommendation to the Council. The applicant is willing to make the change, but is in the process of determining if box style delivery trucks can make the turns if the change is made. (The applicant routinely works on this style of truck.) BACKGROUND: Zoning: C-2 General Commercial Comprehensive Plan: Commercial St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 2 Existing Site Conditions: The site is a corner lot located on the southeast corner of Excelsior Blvd and Brookside Ave. The lot is bordered to the east by railroad tracks and to the south by two office buildings. The parcel is 31,800 square feet in area and has two driveway accesses to Excelsior Blvd and one on Brookside Ave. The existing building is 4,000 square feet in area, has four service bays and a carwash. Much of the site is paved due to its use as a gas station and service shop. There is no stormwater ponding provided on site, and landscaping is limited to a few trees along Brookside and the south property line. Building: The existing building is 4,000 square feet in area, and has four service bays. The property owner is proposing to construct two additional service bays toward the back of the building, for a total of six bays. This would add 1,400 square feet for a total building size of 5,400 square feet. The proposed building meets all required setbacks and height limits. The exterior of the building will be refinished with new stucco, windows and doors. The existing brick around the customer service portion of the building is painted, and will be refinished by striping the paint. The entire façade will be brick, stucco and glass, which are all Class 1 materials, so the proposed façade exceeds the 60% minimum class 1 materials requirement. Site Access and Circulation: Parking Lot The applicant is proposing to reconstruct the parking lot. The reconstruction includes new pavement, landscaped islands, raised curbs and new lighting. The amount of impervious surface will be reduced slightly as a result of the removal of one of the driveway accesses and the inclusion of landscaped islands. Excelsior Blvd Excelsior Blvd is currently being rebuilt by Hennepin County. As a result of the reconstruction, the westerly access to the site is being removed, reducing the number of access points to the property from three to two, one on Excelsior Blvd., and one on Brookside Ave. The reconstruction also includes a streetscape design that will be incorporated into the site landscaping. The Excelsior Blvd reconstruction and streetscape plans were approved by the County and City after a thorough review process which included numerous neighborhood meetings. Brookside Ave. The zoning ordinance requires all driveway accesses to be at least 50 feet from an intersection. The existing driveway on Brookside Ave is approximately 30 feet from Excelsior Blvd and, therefore, does not meet this requirement. During staffs review of the proposal, the St. Louis Park Police Department commented that the access needs to be moved further south to improve safety at the intersection of Excelsior Blvd and Brookside Ave. Staff is recommending the driveway be relocated further south as part of the reconstruction of the parking lot so that it is at least 50 feet from Excelsior Blvd. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 3 Parking: Motor vehicle service and repair requires four parking spaces per service bay. The applicant is proposing six service bays resulting in a need for 24 parking spaces. The site is on a transit line, and therefore benefits from the 10% reduction, resulting in a requirement of 22 parking spaces. The proposal shows 25 spaces; however, one space along the railroad tracks will be replaced with a landscaped island, resulting in 24 spaces, which meets the requirements. Four bicycle parking spaces are required. Storm water: The proposal is too small of an addition to require full compliance to the storm water regulations. However, as noted above, the amount of impervious surface is being reduced slightly as a result of additional landscaping along Excelsior Blvd and the inclusion of landscaped islands within the parking lot. Landscaping: The new landscaping regulations require the equivalent of 15 trees and 90 shrubs. The current proposal shows 11 trees and more than 90 shrubs when combined with the streetscape design. The additional four trees will be planted in the perimeter landscaping. Relocating the Brookside Ave driveway will require the removal of one existing tree, and the number of trees being planted exceeds the tree replacement requirements. Zoning Requirements for Motor Vehicle Service and Repair: The Motor Vehicle Service and Repair use is allowed by Conditional Use Permit in the C-2 Zoning District. The conditions for approval are as follows: 1. No public address system is allowed. The use will not utilize a public address system. 2. All repair of vehicles must occur inside a building. All repair will be conducted inside the service bays. 3. Test driving is prohibited on any residential streets. This is added as a condition of approval. 4. Access shall be to a collector or arterial, or otherwise located so that access can be provided without generating significant traffic on a local residential street. Access is off of Excelsior Blvd, which is a minor arterial, and the Brookside Ave access is located close to the Excelsior Blvd, and will not generate significant traffic into the residential neighborhood. It is anticipated that the proposed service use will generate less traffic than the existing service and fuel sales uses. 5. The building shall be at least 100 feet from a property zoned and used as Residential. The closest property zoned and used as residential is 150 feet from the proposed building. RECOMMENDATION: The Planning Commission recommends approval of the attached Resolution approving a Major Amendment to the Special Permit at 5925 Excelsior Blvd, subject to conditions. Attachments: Resolution Excerpt of Planning Commission Minutes Location Map Elevations St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 4 Site Plan and related documents Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 5 DRAFT RESOLUTION NO. 07-077 Amends and Restates Resolution No. 85-105 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 85- 105 ADOPTED ON JULY 15, 1985, AND GRANTING MAJOR AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36- 36(d) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO REMOVE THE MOTOR FUEL SALES USE AND EXPAND THE MOTOR VEHICLE SERVICE AND REPAIR USE AT 5925 EXCELSIOR BOULEVARD FINDINGS WHEREAS, Distyle Design, P.C., has made application to the City Council for a major amendment to an existing special under Section 36-36(d) of the St. Louis Park Ordinance Code to remove the motor fuel sales use and expand the motor vehicle service and repair use at 5925 Excelsior Boulevard within a C-2 General Commercial Zoning District having the following legal description: Lots 18 and 19, and that part of Lot 2 lying West of a line forty feet (40’) West of and measured at right angles to the center line of the main track of the Minneapolis, Northfield and Southern Railway, as now located and constructed, and that part of Lot 3 lying West of a line drawn parallel to and distant Westerly thirty-three feet (33’) measured at right angles to the said center line of said Minneapolis, Northfield and Southern Railway main line track, all in Block 5, Suburban Home Co.’s Addition, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case No. 07-23-CUP and the effect of the proposal 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 special permit was issued regarding the subject property pursuant to Resolution No. 85-105 of the St. Louis Park City Council dated July 15, 1985 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to amend and restate the conditions of the permit granted by Resolution No. 85-105, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 6 WHEREAS, the contents of Case Nos. 85-15-SP and 07-23-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-105 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of operating a the motor vehicle service and repair use at the location described above based on the following conditions: 1. The site be developed, used and maintained in accordance with Exhibit A – Site Plan, Exhibit B - Elevation Plan, Exhibit C – Landscape Plan and Exhibit D - Grading Plan. 2. That the driveway located on Brookside Ave be relocated to meet the 50 foot spacing requirement from Excelsior Blvd. 3. The Landscaping Plan integrates the adopted Excelsior Blvd Streetscape Plan. 4. That the outdoor trash area be completely enclosed on all four sides with brick to match the principal structure except for a permanent solid gate that is non-transparent necessary for access. 5. That the entire parking lot and driveways be delineated by a poured in place concrete curb extending not less than six inches above grade. 6. That all utility installations be placed underground. 7. That there be no outdoor storage of trash, vehicle parts, trash containers or materials except as allowed to be located in the enclosed trash area. 8. Inoperable vehicles shall not be stored outside except those scheduled for service within two weeks of receipt of vehicle. 9. That the property comply with all sections of the motor vehicle service and repair requirements as contained in the City’s Zoning Ordinance. 10. That a financial guarantee in the amount of 125% of the required improvements, including, but not limited to, landscaping, curbing, parking and striping, and other elements as contained on the approved site plan. 11. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein. 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. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 7 Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 8 EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 20, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call Commissioner Carper arrived at 6:04 p.m. Commissioner Timian arrived at 6:10 p.m. 2. Minutes: June 6, 2007 Commissioner Morris moved approval of the minutes. Commissioner Person seconded the motion, and the motion was approved on a vote of 3-0-1 (Robertson abstained). 3. Hearings A. Major amendment to Special Permit for Youngstedts Mobil Location: 5925 Excelsior Boulevard Applicant: Distyle Design Case No.: 07-23-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant proposes to convert the car wash into a storage area and to build a small addition to the south of the building where they would add two additional service bays. They also propose additional landscaping and a facelift to the existing building. He said staff recommends that the driveway be relocated further to the south to meet code provisions. Commissioner Robertson asked about the Brookside driveway access and where it was measured from. Mr. Morrison replied it was measured at the curb. Commissioner Carper asked about the glass windows in the door and if they were translucent or transparent? Mr. Morrison replied he did not know. Commissioner Morris indicated he was confused as to the shifting of the driveway. He asked if the plans showed the existing location or the location proposed. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 9 Mr. Morrison replied what was shown was the existing location. The applicant asked to have it remain where it was. Moving it to the south would require the removal of a tree. Staff recommended that the driveway be moved. Michael Kniseley, Distyle Design project architect, stated they preferred not to move the access drive on Brookside any further south. It would require removing an existing tree and would also direct incoming traffic right at the side of the building, which would create difficult turns, especially for larger vehicles. The flow was better the way it currently exists. The parking on the railroad right-of- way was leased. They didn’t have any indication from the railroad what their input was relative to adding the curb and gutter along that face. They would like to work with staff on those issues. Mr. Knisely said that the glass was clear on the overhead doors and the bottom panel is aluminum. Commissioner Carper asked about the size of the largest vehicle that might be serviced at this site. Craig Stace, Youngstedt Inc., replied the largest vehicle would be a 20-foot straight truck. It would be very difficult if the driveway was moved. Chair Johnston-Madison opened the public hearing. Carol Engelkes, 4058 Brookside, stated her concerns regarded landscaping and parking. She said residents currently can’t park on Brookside Ave. because of the hair salon. She said Brookside Ave. feels like a parking lot. She asked if the City was making Brookside Ave. into a commercial district. Mr. Morrison discussed the landscaping plan on Brookside Ave. The applicant needs to plant a few more trees on the site, which will help with screening. Commissioner Carper asked Mr. Morrison to indicate Ms. Engelkes’ property on the plans. Mr. Morrison showed the property on the map and he discussed the area. Ms. Engelke said she felt the parking lot for the hair salon was insufficient for the employees and customers. Commissioner Carper stated that it appeared there was not an issue of a direct view of the glass garage doors from any portion of Ms. Engelke’s property. He asked if that was correct. Mr. Morrison replied that the glass door on the west elevation would be blocked by the office building. Ms. Engelke said that there are other residences in the area. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 10 Commissioner Carper noted that the most immediate home, with the angles involved, would have no view of the garage. The office building blocked the view. Commissioner Person noted there were 18 parking stalls. He asked if staff feels there wouldn’t or shouldn’t be any parking overflowing to Brookside Avenue caused by the garage? Mr. Morrison replied parking was adequate and exceeded the code by one or two spaces. Vehicles that are parked in the lot are waiting to be serviced and cars should not be in the lot for long periods of time. If a vehicle is going to be junked, it should be removed from the property promptly. Meg McMonigal, Planning and Zoning Supervisor, added there are six additional spaces, for a total of 24 on the site. The condition recommended states, “inoperable vehicles shall not be stored outside except those scheduled for service within two weeks of receipt of vehicle.” Chair Johnston-Madison closed the public hearing. Commissioner Timian asked about employee parking. Mr. Stace replied that employees park on site and not on Brookside Ave. The maximum number of employees at that site would be seven. Ms. McMonigal clarified that the public street is open to anyone, although owners can be asked to encourage employees to park in lots. Commissioner Carper felt the issue of public safety that was brought up in terms of the location of the driveway seemed a preference, rather than insistence of the Police Dept. He asked if the City compels the owner to move the driveway, is the applicant responsible for tree replacement. He asked if the change of that driveway has been considered in terms of the traffic flow of the business. Mr. Morrison responded the owner would be responsible for tree replacement. He commented that as far as the relocation of the driveway to the south and traffic flow, on- site it looks like everything works and it is pretty open. Off-site at the intersection, situations could occur where there are a couple cars parked or people coming off of Excelsior trying to make the quick turn into the driveways. They try to avoid that at any intersection to keep the traffic moving and prevent sudden stops. The Police Department strongly encouraged that the driveway be moved to keep traffic moving and prevent sudden stops. Commissioner Robertson asked the required width for the new driveway. Mr. Morrison replied 25 feet was the general width. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 11 Commissioner Robertson stated he had sketched the relocated driveway on the site plan and it seemed to work. Chair Johnston-Madison stated the recommended motion. Commissioner Morris made a motion to recommend approval of the major amendment to the special permit, subject to conditions recommended by staff. Commissioner Person seconded the motion. Commissioner Morris commented he was familiar with the site and it seems quite a few vehicles parking on Brookside are going to Bunny’s. He said given the current use and view of the property, the proposal is an aesthetically pleasing change. It would have less traffic, the canopy will be removed, the building and landscaping upgraded, and parking changed. He said it was an improvement, which was why he supports it. Commissioner Robertson commented he also liked what the applicant had done aesthetically and he was in favor of the project. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 12 LOCATION MAP St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 13 ELEVATIONS St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 14 SITE PLAN St. Louis Park Council Meeting Item: 071607 - 8b - Major Amendment Special Permit Youngstedts Page 15 LANDSCAPING PLAN St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 1 8c. Preliminary & Final Plat of Willie Howard Addition (9340 West 28th Street) The application is to split a single lot into two. Recommended Action: Motion to approve the Preliminary & Final Plat of Willie Howard Addition, subject to conditions. PURPOSE OF DISCUSSION: Mr. Willie Howard is requesting approval of a preliminary and final plat of Willie Howard Addition. The applicant is proposing to subdivide a lot into two single family lots. The existing house would be removed. Typically a lot split can be processed administratively; however, this property is unplatted and the subdivision ordinance requires all new lots to be platted. BACKGROUND: Planning Commission Review: The Planning Commission reviewed the application on June 6, 2007. A public hearing was held, and no one was in the audience to speak to the application. The minutes are attached for your review. The Planning Commission voted 6-0 to recommend approval of the proposed plat. They did consider one additional recommendation. They discussed whether the applicant should be required to conform with the subdivision ordinance requirement to construct a sidewalk along the portion of the public street his property fronts (28th Street). There are no sidewalks along 28th Street, today. The applicant did not apply for a variance to not install the sidewalk, and is willing to install it. Staff noted that in matters of platting property, the Planning Commission may recommend variances to the Council even though the applicant did not apply for the variance. Staff also noted that in May of 2007, the Council approved a variance to the plat of the neighboring property to the west, eliminating the requirement to install the section of sidewalk that would connect Cedar Lake Rd with the remaining properties along 28th Street, including the subject property. After discussing the application, the Planning Commission recommended approval of the preliminary plat, and did not recommend a variance to the sidewalk requirement. History: The subject property at 9340 28th Street is owned by the applicant, Mr. Willie Howard. In 2004 the property was part of another development proposal. At that time, a developer came forward with various proposals for townhouses and attached homes located on the subject lot as well as two other adjacent lots. The proposals that included all three lots were withdrawn. On May 21, 2007 one of the three lots, 2849 Jordan Avenue South, was platted into two single family lots and an outlot that was deeded to the city. A neighborhood meeting was held on April 29th to discuss the proposed plat for 2849 Jordan, Mr. Howard discussed his intent to plat his property into two single family lots at that neighborhood meeting as well. Five neighbors attended the meeting. The primary questions at the meeting were in regard to the type of housing to be constructed on the site. Staff provided background to the neighbors in regard to setback and height requirements. It was noted at the meeting that if more than 400 cubic yards of fill is placed or excavated from the site, a Conditional Use Permit is required. St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 2 Analysis: Zoning: R-1 Single Family Residential Comprehensive Plan: Low Density Residential Subdivision: The existing property is approximately 2.1 acres in size. The subdivision proposal meets all requirements of the Subdivision and Zoning Ordinances and the Comprehensive Plan, as follows: Factor Required Proposed Met? Use Single Family Residential Single Family Residential Yes Lot Area Minimum 9,000 SF Minimum of 44,241 SF Yes Density 5 units per acre maximum 1 unit per acre Yes Setbacks – Proposed Dwelling Applicant has indicated an ability to meet setback requirements for a new house Yes Trees The number of trees to be removed varies depending upon where the two new homes will be placed. Tree replacement at time of construction Yes Sidewalks Required along all streets frontages Sidewalk will be constructed along 28th Street Yes Stormwater Only erosion control required for single house Erosion control permit to be obtained at time of construction Yes Easements 10’ around exterior property lines, 5’ along interior property lines Provided Yes Lot 1: Lot 1 is 44,241 square feet in size, of which approximately 27,900 square feet is outside the flood plain. It contains 115 feet of frontage along Hannon Lake, and 120 feet along 28th Street. The new house will have access to the City’s water and sanitary sewer system along 28th Street. Lot 2: Lot 2 is 47,326 square feet in size, of which approximately 39,900 square feet is outside the flood plain. It contains 150 feet of frontage along Hannon Lake, and 101 feet along 28th Street. The new house will have access to the City’s water and sanitary sewer system along 28th Street. Grading: Minimal grading will be required to fill in the basement of the existing house once it is removed, and create a swale between the two proposed houses. St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 3 Tree Replacement: The exact floor plans of the homes have not been determined, however, based on the preliminary plat proposal, staff anticipates nearly all trees located between the road and the northern limits of the building pads shown on the preliminary plat will be removed. The site has 1,226 caliper inches of trees, and the analysis shows that 569 caliper inches of trees will be removed. This equals about 46% of the existing trees. The tree replacement formula requires 222 caliper inches of trees to replace those removed. It is possible that the homes could be built further from the road than shown on the preliminary plat. If that happens, then the tree replacement plan will be revised accordingly prior to approval of a building permit. Sidewalk: The subdivision ordinance requires sidewalks to be installed along all public streets when a property is subdivided. The applicant is proposing to install a sidewalk along 28th Street in front of the subject property even though 28th Street and Jordan Avenue do not currently have sidewalks, and the city sidewalk and trail plan does not call for a sidewalk along 28th Street and Jordan Avenue. As a result, this section of sidewalk in front of the subject property will be the only section of sidewalk along 28th Street and Jordan Avenue. The applicant is willing to install the sidewalk, and does not want to apply for a variance from this requirement. The Planning Commission discussed this issue, and concluded that it was appropriate for a sidewalk to be built. Park Dedication Fees: Given that a new lot is being created, the applicant will be required to pay a park dedication fee of $1,750. Recommendation: Approval of the attached Resolution approving the Preliminary and Final Plat of Willie Howard Addition, subject to conditions. Attachments: Location map Resolution of Approval Preliminary Plat Final Plat Planning Commission Minutes Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 4 LOCATION MAP St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 5 D R A F T RESOLUTION NO. 07-078 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WILLIE HOWARD ADDITION BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Willie Howard, owner and subdivider of the land proposed to be platted as Willie Howard Addition has submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: That part of the east two hundred (200) feet of the west five hundred thirty five (535) feet of the southwest Quarter of Section 7, Township 117, Range 21, lying South of the north four hundred (400) feet thereof, and north of 28th Street. Conclusion 1. The proposed preliminary and final plat of Willie Howard Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: 1. Park and trail dedication fees in the amount of $1,750 must be received by the City prior to the city signing the final plat. 2. The existing house shall be removed prior to the city signing the final plat. 3. Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $1000 to insure that a mylar copy of the final plat is provided. 4. A landscaping plan and tree replacement plan shall be submitted with the building permit of each home. Trees removed and/or lost as a result of the St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 6 home construction shall be replaced in accordance to the tree replacement requirements of the zoning ordinance for subdivided properties. 5. A financial security shall be required prior to issuance of a building permit or demolition permit. The financial security shall be in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping and repair/cleaning of public streets and utilities. 6. Applicant shall reimburse City attorney’s fees in drafting/reviewing such documents as required in the Plat approval. 7. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. 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 July 16, 2007 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 7 St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 8 St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 9 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 6, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Jerry Timian MEMBERS ABSENT: Carl Robertson STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 3. Hearings A. Preliminary Plat for Subdivision of one lot into two lots Location: 9340 W. 28th Street Applicant: Willie Howard Case No.: 07-21-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He noted that the applicant had not applied for a variance to put in a sidewalk and was willing to put one in although it would not connect to another sidewalk. The subdivision ordinance gives the Planning Commission the ability to recommend a variance to the Council, if it chooses. Willie Howard, applicant, stated that he met with builders and discussed building two compatible homes. He stated that he wants to retain as many trees as possible. Chair Johnston-Madison asked if it would be a hardship if the Planning Commission suggested a sidewalk variance? Mr. Howard replied no. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Person made a motion to recommend approval of the Preliminary Plat, subject to conditions recommended by staff. Commissioner Morris seconded the motion. Commissioner Morris asked for clarification of condition No. 2 requiring the applicant to demolish the existing home and immediately build a new home for occupancy. He asked if the applicant was prepared to build the home he was going to live in. St. Louis Park Council Meeting Item: 071607 - 8c- Prelim & Final Plat Howard Addition 9340 W 28th St Page 10 Mr. Howard replied, yes, he was prepared to build the home he would be occupying. Commissioner Kramer commented that he opposed the last sidewalk variance considered by the Planning Commission. He said he would also oppose a sidewalk variance for this application as the neighborhood would be missing an opportunity to have a sidewalk. Commissioner Morris noted the reason he recommended approval of the last sidewalk variance request was because of the geography and slope of the area where the sidewalk would have been located. In this circumstance, he felt the site could support a sidewalk and he supported putting one in. Commissioner Carper concurred with Commissioner Morris. His understanding was that there was no request for a variance and there would be a sidewalk. Chair Johnston-Madison restated the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 071607 - 8d - Project Report - Replace - Upgrade Commercial Water Meters - Proj No 2007-1200 Page 1 8d. Replace/Upgrade Commercial Water Meters – City Project No. 2007-1200 This report requests the City Council to authorize the replacement of 331 Commercial water meters and upgrading all 783 commercial water meters from a manual to a radio read system. Recommended Action: Motion to adopt Resolution accepting the Project Report, establishing and ordering Improvement Project No. 2007-1200, approving plans and specifications, and authorizing advertisements for bids. BACKGROUND: This project consists of the replacement of 331 commercial meters which are over 10 years old. Included in the project is an upgrade of the system with the purchase and installation of radio read equipment and software for 783 commercial meters. ANALYSIS: Meter Replacement In 2005 the City hired a contractor to conduct a performance study to measure the accuracy of the large commercial meters (2” to 6”). This study revealed that a substantial number of the meters were not performing up to industry standards and it was recommended that they be replaced. This prompted the City staff to initiate a meter replacement program. To date most of the 2” meters and all of the 3”, 4” and 6” meters that did not meet industry standards have been replaced at a cost of $140,240. Meter studies indicate that meters generally loose the ability to accurately record flows between 10 and 15 years of service. The City has traditionally replaced meters after 15 years of service or at the time of failure. Staff has determined it is in the best interest of the City to replace all commercial meters greater than 10 years of age with this project. The following list identifies the meters greater than 10 years old: SIZE NUMBER ¾” 177 1” 86 1 ½” 59 2”` 9 TOTAL 331 The replacement of the commercial meters that are performing below industry standards would occur independently, regardless of whether or not the radio read system is installed. The replacement of these meters results in increased water and sewer revenue by improving the ability to record accurate water usage. Examples of increased revenue from meter replacements are shown on the attached Exhibit “A”. St. Louis Park Council Meeting Item: 071607 - 8d - Project Report - Replace - Upgrade Commercial Water Meters - Proj No 2007-1200 Page 2 Radio Meter Reading Upgrade Currently our 783 commercial meter accounts are manually read monthly using a hand-held device to record the reading, which requires personnel to physically enter the building where the meter is located. Many of the properties are not easily accessible and often require the reader to make several trips to the property to acquire a reading. The manual meter reading process is prone to human error, which requires additional time and effort to retrieve accurate data after reading errors occur. Approximately 10-15 re-reads are occur monthly. The reading of the commercial accounts is currently outsourced and requires over 30 hours per month to complete at a cost of $9,900 annually. The cost to read the meters with the new radio read system is estimated at $2,200 annually, a savings of $7,700 per year. The estimated cost of the radio read system is $120,000 which provides a payback in about 15 years. The payback does not include the additional revenue anticipated from the meter replacements and increased efficiencies and other intangibles discussed in the next paragraph. The installation of an automatic radio-read system will increase efficiencies. The readings will be transmitted by radio directly from the meter to a receiver and later downloaded directly into the billing system. This process will eliminate the time needed for personnel to enter the commercial property building, go through any security check points and access to the meter. It also will increase accuracy of the readings by significantly reducing human error. Another important feature of the radio-read system is the ability to retrieve real-time readings. This would allow the city to assist property owners in leak detection, provide for more timely replacement of meters that have failed, and allow for better overall water system management. Potential to Leverage ParkWiFi ParkWiFi was justified based on a retail model. However, staff also noted the potential for selected municipal benefits. Late last year, staff discussed the use of ParkWiFi with the automatic meter reading project. At that time, the meter reading industry was very new to the use of industry standard wi-fi technologies. It was also determined at that time that the automated meter reading function using wi-fi was technically but not financially feasible, and could still be considered in the future. Increasingly, meter vendors are providing integral radio transmitters installed on the meters that are compatible with the industry standard wi-fi systems and not just their own proprietary wireless systems. The meter industry’s historical use of proprietary wireless systems requires its own proprietary equipment to be installed on every wi-fi radio, and that cost is what has prevented financial feasibility. The meter industry is evolving and starting to embrace support for more industry standard wi-fi technologies without costly proprietary solutions to make it work. To complement the completion of ParkWiFi later this year (using industry standard wi-fi solutions), industry standard wi-fi meter reading technology will be considered as a bid option as a part of this meter reading project . If available and cost effective, this could provide an option for reading completely over the ParkWiFi wireless system. It is also important to emphasize that the meter industry may not be quite ready at this time to utilize industry standard wi-fi in a cost-effective manner. If that is the case relative to the current commercial meter reading project, such use may be possible once the City is prepared to consider automated reading of residential meters. St. Louis Park Council Meeting Item: 071607 - 8d - Project Report - Replace - Upgrade Commercial Water Meters - Proj No 2007-1200 Page 3 FINANCIAL CONSIDERATIONS: It is proposed that the Replace / Upgrade of the Commercial Meters project will be funded from the Water Utility Fund. The project has been budgeted for and is in the 5-year CIP. The replacement of the water meters and upgrade of the radio read system is estimated to cost about $255,000. The City has already expended $140,240 in the replacement of the meters that were not performing up to industry standards. The total projected cost of the combined project is PROJECT COSTS: Meter Replacement Total (includes 10% contingency) $310,740 Meter Replacement Completed $(140,240) Upgrade to Radio (includes 10% contingency) $110,000 Preliminary & Construction Engineering $ 10,000 TOTAL $290,500 REVENUE SOURCES: Water Utility Fund (100%) $290,500 FEASIBILITY: This project as proposed herein is necessary, cost effective, and feasible under the conditions noted and at the costs estimated. FUTURE CONSIDERATIONS: • Ability to read continually via city wireless (cost to implement) • Expand radio read system to residential reading and implement a monthly billing system for residential customers PUBLIC PROCESS: None required with this project. PROPOSED PROJECT TIMELINE: Should the City Council approve the Project Report, it is anticipated that the following schedule could be met: Approval of Plans/Authorization to Bid by City Council July 16 Advertise for bids July 26, August 2 Bid Opening August 9 Bid Tab Report to City Council; Award contract August 20 Construction Completion November 16 RECOMMENDATION: Staff recommends adoption of the attached resolution which establishes and orders Improvement Project No. 2007-1200, thereby authorizing staff to advertise for bids. Attachments: Exhibit A Resolution Prepared By: Scott Anderson, Superintendent of Utilities Scott Merkley, Public Works Coordinator Reviewed By: Mike Rardin, Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 071607 - 8d - Project Report - Replace - Upgrade Commercial Water Meters - Proj No 2007-1200 Page 4 EXHIBIT “A” Water Meter Replacement Examples Aviv Health Clinic Current Meter 3” Turbo (Replace with Combination) Accuracy 53% recorded at low flow (Approximately 10% of the water used is at low flow) Yearly Usage 6194 units 10% = 619 units 619 units @ 53% accuracy = 328 units not recorded Water Revenue Lost ($0.72 per unit) = $236 Sewer Revenue Lost ($1.54 per unit) = $505 Lost Revenue per year $741 Replacement Meter Cost $ 1833 Payback 2.47 Years Menorah Plaza Current Meter 4” Turbo (Replace with Combination) Accuracy 10% recorded at low flow (Approximately 10% of the water used is at low flow) Yearly Usage 10060 units 10% = 1006 units 1006 units @ 10% accuracy = 905 units not recorded Water Revenue Lost ($0.72 per unit) = $ 652 Sewer Revenue Lost ($1.54 per unit) = $1,393 Lost Revenue per year $2,044 Replacement Meter Cost $3,526 Payback 1.75 Years Novartis (5370 Building) Current Meter 6” Turbo (Replace with new Turbo) Accuracy 95% recorded at normal flow Yearly Usage 85,959 units 85,959 units @ 95% accuracy = 4298 units not recorded Water Revenue Lost ($0.72 per unit) = $3,095 Sewer Revenue Lost ($1.54 per unit) = $6,619 Lost Revenue per year $9,714 Replacement Meter Cost $3,603 Payback 4 Months St. Louis Park Council Meeting Item: 071607 - 8d - Project Report - Replace - Upgrade Commercial Water Meters - Proj No 2007-1200 Page 5 RESOLUTION NO. 07-079 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2007-1200, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2007-1200 WHEREAS, the City Council of the City of St. Louis Park has received a report from the Superintendent of Utilities related to the Commercial Water Meter Upgrade/Replacement Project, Project No. 2007-1200. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2007-1200 is hereby accepted. 2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2007-1200, is hereby established and ordered. 4. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper, an advertisement for bids for the making of said improvement under said- approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council for award of contract. Reviewed for Administration: Adopted by the City Council July 16, 2007 City Manager Mayor Attest: City Clerk