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Home My WebLink About2007/09/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA COUNCIL CHAMBERS September 17, 2007 7:30 p.m. 6:30 p.m. SPECIAL STUDY SESSION – MARKETING & BRANDING 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Portia Byrd Day Proclamation 2b. Evergreen Award 3. Approval of Minutes 3a. City Council Minutes of September 4, 2007 3b. Study Session Minutes of August 27, 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 6a. Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Blvd. in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve on-sale intoxicating liquor license with Sunday sales to ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Boulevard. 6b. Public Hearing on Wolfe Lake Condominium Association Housing Improvement Area (HIA). Recommended Action: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Wolfe Lake Housing Improvement Area and to set Second Reading for October 1, 2007. 6c. Eating Disorders Institute Right-of-Way and Alley Vacations. Recommended Action: Mayor to close the public hearing. Motion to adopt the first reading of an ordinance vacating right-of-way and alleys and set the second reading for October 1, 2007. 6d. Hoigaard Village Storm Sewer Easement Vacation. Recommended Action: Mayor to close the public hearing. Motion to adopt the first reading of an ordinance vacating a storm sewer easement and set the second reading for October 1, 2007. 7. Requests, Petitions, and Commissions from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments. Recommended Action: The Planning Commission and Staff recommend approval the following motions: Motion to adopt a resolution approving a Comprehensive Plan Map Amendment and approve publication of a summary resolution Motion to adopt the first reading of an ordinance approving a Zoning Map Amendment and set the second reading for October 1, 2007 8b. First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map. Recommended Action: Motion to approve the first reading of an ordinance amending the Floodplain District boundary on the Official Zoning Map. Motion to approve the first reading of an ordinance amending the Zoning Code text related to Floodplain District. 8c. Hoigaard Village – Renaming 35½ Street West to be known as 35th Street West. Recommended Action: Motion to adopt the first reading of an ordinance renaming 35 ½ Street West to 35th Street West and set the second reading for October 1, 2007. 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 SEPTEMBER 17, 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 approve out-of-state travel for Mayor Jacobs to Washington D.C. from October 9-11, 2007. 4b. Motion to adopt resolution appointing election judges for the General Election on November 6, 2007. 4c. Motion to approve Amendment No. 1 to Contract 89-06 providing additional engineering services for Trail Project - CSAH 25 Ped Bridge, Project No. 2005-2100. 4d. Motion to approve resolution to reallocate CDBG funds and authorize execution of any third party agreements. The proposed relocation shifts 2006 CDBG funds from the St. Louis Park Emergency Program (STEP) acquisition project to the single family emergency repair project and the single family low income home improvement loan project. 4e. Motion to accept for filing Parks and Recreation Commission Minutes April 11, 2007. 4f. Motion to accept for filing Planning Commission Minutes July 11, 2007. 4g. Motion to accept for filing Planning Commission Minutes July 18, 2007. 4h. Motion to accept for filing Planning Commission Minutes August 1, 2007. 4i. Motion to accept for filing Human Rights Commission Minutes April 17, 2007. 4j. Motion to accept for filing Human Rights Commission Minutes June 19, 2007. 4k. Motion to accept for filing Human Rights Commission Minutes February 20, 2007. 4l. Motion to accept for filing Human Rights Commission Minutes March 20, 2007. 4m. Motion to adopt the resolution authorizing final payment in the amount of $30,946.00 for Standby Generators for Water Treatment Plant #1 and #4 - City Project No. 2005-1500 for Total Construction & Equipment, Inc., City Contract No. 118-05. Meeting Date: September 17, 2007 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Proclamation honoring Portia Byrd and declaring Portia Byrd Day September 17, 2007 RECOMMENDED ACTION: Mayor to read and present proclamation to Portia Byrd who will be in attendance at the meeting. POLICY CONSIDERATION: None BACKGROUND: Portia Byrd has been a resident of St. Louis Park for 14 years and will be moving soon to Iowa City. She is being honored because of her countless hours of “giving” by volunteering and working with the city, schools, and community as a whole. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Portia Byrd has always been an active participant in the vision process by keeping the city engaged and connected through her commitment, dedication, and contributions. Attachments: Proclamation Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 2 Subject: Proclamation - Portia Byrd PROCLAMATION “PORTIA BYRD DAY” WHEREAS, the esteemed Portia Byrd has been one of St. Louis Park’s most unique individuals. She has contributed her many talents through countless hours of dedicated volunteer work with the city, schools, and the community since she became a resident 14 years ago; and WHEREAS, Portia has given her time and talents extensively to the St. Louis Park Senior Program. Initially she joined the Needlecraft group and soon became a guest speaker. In 1998, Portia became a founding member of the Humanities Committee, a role she continues today. She has lectured on Black Inventors, Storytelling and Racial Issues and brought numerous other speakers to the program. These speakers included Scientists from the National Science Foundation in Washington DC who spoke on the importance and mystery of unraveling DNA and DNA Human Identity Testing; along with a speaker from the award winning black baseball Negro Baseball League; and WHEREAS, Portia was a member of the Senior Advisory Council where she launched the Celebrity Style Show in 1997, the Spaghetti Dinner, the Pancake Breakfast, and served as Chair in 1998-1999; and WHEREAS, Portia served on the School Board for Independent School District 283 in 2000; and WHEREAS, Portia was a member of the Community Education Advisory Council (CEAC) where she served as the Senior Program Representative. She also served as the CEAC Chair in 2001-2002 when the community celebrated its 30 year anniversary in St. Louis Park; and WHEREAS, Portia volunteers at the Lenox Community Center greeting new members with her always friendly smile. In addition she serves on a variety of committees including: Hospitality Committee, the Senior Summit Planning Committee, the Adult Strategic Planning Committee, the Senior Marketing committee, and various fundraising committees; and NOW THEREFORE LET IT BE KNOWN, that the Mayor and City Council of the City of St. Louis Park acknowledge Portia Byrd’s outstanding contributions, dedicated service and support to our community and its people, and ask all to join us in declaring September 17, 2007 as “Portia Byrd Day”. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 17th day of September, 2007. _______________________________________ Jeffrey W. Jacobs, Mayor Meeting Date: September 17, 2007 Agenda Item #: 2b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: 2007 Evergreen Awards RECOMMENDED ACTION: Award the following recipients with the 2007 Evergreen Award. Recipients are: • 9125 Westmoreland Lane • 8535 West 35th Street POLICY CONSIDERATION: None. BACKGROUND: The Evergreen Award is presented each year in recognition of properties that are uniquely designed, landscaped and well maintained – with emphasis on landscaping that is visible to the passerby. Businesses, apartments and houses are all eligible to receive the award. The Evergreen judges are comprised of park commission members, past Evergreen Award winners, volunteers and staff who have a keen interest in flowers, plants, landscaping and landscape design. There were five judges inspecting this year’s nominations. There were 9 nominations this year spread throughout the City. Winners will be presented with an award certificate and a Dwarf Alberta Spruce tree. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Well maintained landscaping enhances the beauty of St. Louis Park. This is consistent with the Strategic Directions adopted by the City Council. Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Jim Vaughan, Environmental Coordinator Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 17, 2007 Agenda Item #: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 4, 2007 1. Call to Order Mayor Jacobs called the meeting to order at 7:40 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 Development Director (Mr. Locke), Planning & Zoning Supervisor (Ms. McMonigal), Economic Development Coordinator (Mr. Hunt), Finance Director (Mr. DeJong) and Recording Secretary (Ms. Schmidt). Guests: David Bade, Project Manager and Dale Emter, Pre-Construction Manager, Duke Realty, Duke Realty Representatives. 2. Presentations 2a. Bob Cunningham, TOLD Development Company Bob Cunningham thanked the City for its role in the Excelsior and Grand project, presenting Council with a portrait of the finished project. He also invited Council to attend the ribbon cutting ceremony. Mayor Jacobs thanked Mr. Cunningham, stating it was a pleasurable experience for the City to work with them through the process and on the project. 3. Approval of Minutes 3a. Study Session Minutes of August 13, 2007 The minutes were approved as presented. 3b. City Council Minutes of August 20, 2007 The minutes were approved as presented. Meeting of September 17, 2007 Page 2 Subject: City Council Minutes September 4, 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. 4a. Motion to Adopt the Resolution No. 07-095, Approving the First Amendment to the Preliminary Development Agreement with the EDA and Duke Realty Limited Partnership related to the West End commercial redevelopment project. 4b. Motion to approve a contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2007-2008 winter season. 4c. Motion to designate Midwest Asphalt as the lowest responsible bidder and to authorize execution of a contract for the reclaiming and repaving of the trail system in Carpenter Park in an amount not to exceed $65,120. 4d. Motion to authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $95,760.00. 4e. Motion to approve Resolution No. 07-096, establishing a special assessment for the repair of the Water Service Line at 6012 Hamilton Street. 4f. Motion to approve Resolution No. 07-097, establishing a special assessment for the repair of the Sewer Service Line at 7720 Division Street. 4g. Motion to approve Amendment No. 2 to Contract 129-06 providing additional engineering services for the Highway 7 / Wooddale Avenue Interchange project, Project No. 2004-1700. 4h. Motion to approve Amendment No. 1 to Contract 99-06 providing additional Professional Services related to Water Treatment Plant No. 16 Rehabilitation, Project No. 2009-1200. Motion to accept for filing Housing Authority Minutes June 13, 2007. 4i. Motion to accept for filing Board of Zoning Appeals Minutes of May 24, 2007. 4j. Motion to accept for filing Police Advisory Commission Minutes of July 11, 2007. 4k. Motion to accept for filing Vendor Claims. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None Meeting of September 17, 2007 Page 3 Subject: City Council Minutes September 4, 2007 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Request for Preliminary Plat with Variances and Conditional Use Permit for Grading, Filling and Excavation – Duke Realty West End Project. Resolution No. 07-089 and 07-090 Ms. McMonigal presented the staff report. David Bade, Project Manager, Duke Realty, explained the first three phases of the project would be grading, demolition and utility relocates. Councilmember Sanger stated concern with truck traffic vibration and noise. Dale Emter, Pre-Construction Manager, Duke Realty, stated the experience of the truck traffic is already there and they expect the noise to not perceive to the exiting conditions they already have. Councilmember Sanger stated concern with 8300 truckloads exiting off the premises and asked if there were any alternative options taken into consideration. Mr. Emter stated they would be doing onsite crushing to save on hauling and spacing the removal longer than the four months, storing it on-site it could be removed and remarketed. Councilmember Sanger asked what steps would be taken if the noise and vibrations were felt. Ms. McMonigal stated the resolution stated the City reserved the right to limit hours. Councilmember Sanger also had concern on the wear and tear of the roads. Ms. McMonigal stated Duke would be contributing to the surrounding roadway system and City staff is in the process of evaluating replacement of Park Place Boulevard. Ms. McMonigal corrected the staff report stating the recommendation should be to adopt “resolution” of the preliminary plat with variances and adopt “resolution” of conditional use permit for grading, filling and excavation It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt Resolution No.07-089 approval for preliminary plat of the west end with variances from subdivision ordinance for easements; and adopt Resolution No. 07-090 granting conditional use permit relating to grading, filling and excavation for 1551 and 1621 Park Place Boulevard; 1550 and 1600 Utica Avenue; and 5201 and 5245 Wayzata Boulevard. Councilmember Finkelstein reminded Council that approval did not constitute TIF financing, the actual retail or other plans for the district. The motion passed 6-0. Meeting of September 17, 2007 Page 4 Subject: City Council Minutes September 4, 2007 8b. Request to adopt Resolution, approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of city property to the St. Louis Park Economic Development Authority. Resolution No. 07-091 Mr. Hunt presented the staff report. Councilmember Finkelstein stated the lack of room at eating disorder clinics and waiting lists to get into them required urgency on the project moving forward. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 07-091, approving the Purchase and Redevelopment Contract with the St. Louis Park Economic Development Authority, United Properties Investment LLC and Park Nicollet Methodist Hospital and authorizing Conveyance of City property to the St. Louis Park Economic Development Authority. The motion passed 5-1. Councilmember Sanger opposed. Commissioner Sanger stated she was supportive of Park Nicollet and EDI; but would not be supporting the project. She stated her concern was with the City and the process it took to get to this point. She stated there has been no discussion on multi-family housing, a possible park, civic use or what would be the best use for the site. She further stated she felt the process has not been open for public comment or for other input to fully look at all the alternatives. Commissioner Basill stated support and felt the process had been met. He further stated they would be following the visioning process by treating children in and outside the community with help they needed, stating it represents a Children First Community. Councilmember Finkelstein stated park land would not be used for the site and that the site would also be reserved for future civic use. Councilmember Basill stated there had been opportunity for public input as well as the visioning process and excess land task force. Councilmember Sanger stated she felt the task force decision was ignored and a different use was proposed, not allowing public input. Mayor Jacobs reminded Council the discussion had been ongoing for over a year. Meeting of September 17, 2007 Page 5 Subject: City Council Minutes September 4, 2007 8c. Request to approve Resolutions authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of Health Care Facilities Revenue Bonds (Cancer Center and Orange Lot Ramp) and Health Care Facilities Revenue Notes (Eating Disorders Institute) under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. Resolutions No. 07-092 and 07-093 Mr. DeJong presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to approve Resolution No.07-092, authorizing the publication of a Notice of Public Hearing and establishing the date for a public hearing regarding the issuance of health care facilities revenue bonds (Cancer Center and Orange Lot Ramp) under Minnesota Statutes, Sections 469.152 through 469.1651, as amended; and to approve Resolution No. 07-093 authorizing the publication of a notice of public hearing and establishing the date for a public hearing regarding the issuance of Health Care Facilities Revenue Notes (Eating Disorders Institute) under Minnesota Statutes, Sections 469.152 through 469.1651, as amended.. The motion passed 6-0. 8d. Consider preliminary property tax levy and preliminary budget for the 2008 fiscal year, set Truth-in-Taxation Public Hearing and continuation dates, and consider preliminary HRA levy for taxes payable in 2008. Resolution No. 07-098 and 07-094 Mr. DeJong presented the staff report. Mr. Harmening reminded Council staff budgeted a maximum 6 percent levy adjustment in 2007; however, Council adopted a 5.2 percent increase. He also stated staff was looking into options to mitigate the impact to property owners in the City. Councilmember Basill asked for clarification on the percentage increase. Mr. DeJong stated it’s a distributional type of tax rate, stating the rate would be going down. He also stated with the industrial and commercial growth, they would be picking up a larger share of property tax levy, allowing less impact on residential. Councilmember Sanger reiterated that the 6 percent refers to the total amount of taxes levied to City, not the amount of tax raise that would be levied on an individual property owner. Mr. DeJong stated correct. She also asked if because of the disproportionate growth and value for commercial and industrial, homeowners should see a much smaller amount of increase. Mr. DeJong stated correct. Mayor Jacobs stated Council would be continuing to have discussions on the levy and still provide the high quality services in a more cost-effective way. He also stated government doesn’t get more expensive because of what it costs; it gets more expensive because of what it does. Meeting of September 17, 2007 Page 6 Subject: City Council Minutes September 4, 2007 It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to adopt Resolution No. 07-098 approving Proposed 2008 Tax Levy, approving Preliminary Budget for 2008, and Setting Public Hearing Date for Proposed Budget and Property Tax Levy, and to adopt Resolution No. 07-094 authorizing the HRA levy for 2008. The motion passed 6-0. Communications Mayor Jacobs thanked Day One, the community and Councilmembers for their involvement in welcoming the student’s back to school. Councilmember Finkelstein also thanked school board members and City staff. Councilmember Paprocki reminded the community to be conscious of various road construction and children with the start of school. 9. Adjournment The meeting adjourned at 8:31 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: September 17, 2007 Agenda Item #: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION AUGUST 27, 2007 The meeting convened at 6:32 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loren Paprocki, and Susan Sanger. Councilmember absent: C. Paul Carver Staff present: City Manager (Mr. Harmening); Community Development Director (Mr. Locke); Public Works Director (Mr. Rardin); Community Development Director (Mr. Locke); Economic Development Coordinator (Mr. Hunt); Finance Director (Mr. DeJong); Communications Coordinator (Mr. Zwilling); Management Assistant (Ms. Honold); Police Lieutenant (Mr. Harcey); City Engineer (Mr. Brink) and Recording Secretary (Ms. Stoll). Guest: Greg Anderson, Anderson Builders 1. Future Agenda Planning Mr. Harmening and Council discussed study session agenda planning. Councilmember Finkelstein stated the EcoCenter at the State Fair has information the councilmembers may find interesting about wind power. Councilmember Omodt inquired about the progress of WiFi and the delayed timeline. He noted that they are behind schedule. Mr. Harmening stated that some WiFi areas are working and the city is working to keep the company on schedule. Councilmember Finkelstein stated the business community has been concerned about the delay. 2. Anderson Builders Redevelopment Assistance Mr. Locke presented the staff report and Greg Anderson, Anderson Builders, provided an overview of the project including the size, location, building materials, type of potential tenants, and parking. Councilmember Omodt inquired about the water drainage. Mr. Anderson stated there is a pond on the property that is able to handle it. Councilmember Sanger asked about building height, tree coverage and the TIF analysis. Mr. Anderson stated that the trees will need to be replaced and additional plantings will be installed. Mr. Locke stated that they aren’t proposing TIF, but there was a partial TIF analysis done to see if it would be worth creating a TIF district. Meeting of September 17, 2007 Page 2 Subject: Study Session Minutes August 27, 2007 Mr. Locke stated it would be beneficial to analyze the non-financial components of the TIF analysis for similar projects. He stated the project area has been identified as needing changes and the proposed project results in an increase in employment opportunity and tax base in the community. Mr. Hunt stated that this is a parcel that is specifically noted in the redevelopment section in the comprehensive plan. Councilmember Paprocki stated that his concern is sustainability and the precedent being set in the area, but he is in support of the project. Councilmember Finkelstein inquired if there were standards by which to evaluate these types of requests in the future. He is concerned about the city assisting in the upgrades for properties that don’t necessarily need upgrading. Councilmember Basill stated he concurred with Councilmember Finkelstein to be conscientious of using evaluation tools. Mayor Jacobs stated he was initially uncomfortable using TIF, but it is a nice project that fits into that part of town. Councilmember Omodt stated the city previously gave money for a project that is now being torn down. Mr. Hunt stated the owner of that business was reputable and successful at that time. Mayor Jacobs stated that the analysis indicates that it is worth it for this project. There was Council consensus to have staff undertake a dual track to negotiate a development contract with Anderson Builders and develop draft policies for similar future projects. 3. 2008 Budget Mr. DeJong presented the staff report. Councilmember Paprocki inquired about the figures for the pavement management program. Mr. DeJong stated that the budget for the pavement management program would dictate the priority for the various projects. Mr. Rardin stated that they plan the road work four years ahead and the pavement management program was developed to keep the pavement management index for the entire system of the roads in fair condition. He stated it may need to be reevaluated in the future. Councilmember Sanger inquired when the limited market value will be phased out. Mr. DeJong stated in about two years. Councilmember Sanger inquired if they should have a slightly higher tax rate for the levy to account for the possibility of residents challenging their assessed values. Mr. DeJong stated that it was already accounted for there is already an allowance for uncollectible taxes. Councilmember Omodt inquired about the HRA levy. Mr. DeJong stated that the effect on property owners would be minimal. Meeting of September 17, 2007 Page 3 Subject: Study Session Minutes August 27, 2007 Councilmember Finkelstein stated he thinks the Council needs to discuss the funds raised by the HRA levy. Mr. Harmening stated that the HRA dollars are in the development fund and agrees that there needs to be a discussion. Mayor Jacobs clarified that staff would like Council to set the preliminary levy at 6% with the potential of decreasing it. Mr. Harmening stated that it is possible to have a smaller increase, but the Council would need to provide direction about the areas in the budget to cut. Councilmember Sanger stated she would prefer to know the total amount of money available and then prepare the budget. Mr. Harmening stated the budget provided is a baseline budget with some adjustments. He inquired if there was additional information needed to make a decision. Councilmember Sanger stated she is concerned about adequate funding for the civic center, sidewalks and trails. Councilmember Finkelstein stated that he is concerned about funds for surveys, consultants, and vision. Mr. Harmening stated that some things that aren’t necessary to have done immediately, but they are important. Councilmember Paprocki stated that he thinks that it is valuable to have the surveys. Councilmember Sanger inquired about the addition of an intern in communications and the amount of money for the school/city calendar. Mr. Zwilling stated cost of the calendar is shared equally with the school district. Mr. Harmening stated that there have been a lot of changes within communications and there are a lot of demands for the communications. He recommended not cutting back on the communications. Councilmember Omodt stated the rates for consulting for communications are good and the improvement over the last few years is dramatic. There was Council consensus to set an increase of 6% for the HRA funds with the potential of reducing before the levy is adopted. 4. Tobacco Penalties Ms. Honold presented the staff report. Councilmember Finkelstein inquired if there were repeated problems at the same places or if the problem has increased. Mr. Harcey stated the issue that has risen is because a store who has received a violation starts the one year cycle over. He explained that if they were monitored over a two or three year period for violations, the violations would decrease because of the tougher penalties. Councilmember Basill inquired if the ticket goes to the person who sold it. Mr. Harcey stated that the citation goes to the person making the sale and the violation goes to the business. Councilmember Sanger stated she thinks the second violation should be more than a fine and there should be a 36 month cycle. Ms. Honold stated that they were advised by the attorney that they can check more than once per year. Ms. Honold stated that a suspension has a larger impact on the business owner’s revenues than fines. Councilmember Paprocki stated that he concurs that the suspension should occur sooner. He inquired if the products for making cigarettes is regulated. Mr. Harcey stated that he doesn’t think it is regulated by the State, but it could be regulated by ordinance. Meeting of September 17, 2007 Page 4 Subject: Study Session Minutes August 27, 2007 Mayor Jacobs inquired if there was a process they should follow to increase the penalties and get feedback from the license holders. Ms. Honold stated the process used when they were working on the alcohol issue was useful. Mayor Jacobs stated that he wants penalty hearings to be handled administratively. Councilmember Basill inquired if the suspension would be for the store or the tobacco sales. Ms. Honold stated it would be for the tobacco sales. Councilmember Basill stated that he would like it to be drafted similarly to the alcohol. Councilmember Paprocki stated that there will be a larger constituent for the cigarettes. Councilmember Sanger inquired about the number of businesses that sell cigarettes. Ms. Honold stated there are about 33 license holders. Mayor Jacobs stated he would like to see it be drafted similarly to the alcoholic beverage ordinance. There was Council consensus to begin drafting an ordinance amending Sec. 8, Subd. X regarding tobacco violations and penalties similarly to the alcoholic beverage ordinance. 5. Storm Water Project Update – Flood Mitigation Area 24 (Hampshire Townhomes) Project 2003-1600 – MPR Version Mr. Brink presented the staff report. Mr. Rardin stated that solving the flooding issue could be done privately or publicly. He stated they have been unable to develop a mutually agreed upon solution that is amenable to the affected property owners. He stated that they are leaving it up to the property owners to participate in the program that is currently available. Councilmember Sanger inquired if the objection is that they don’t have the money to pay for it. Mr. Brink stated that cost is a concern. Councilmember Omodt inquired about whose water it is and who should be held responsible for assisting in the solution. Mr. Brink stated that in similar situations they have conducted public fixes, but the property owners still needed to fix the problems within their property. Councilmember Basill clarified that the owners are have an issue because of the cost. He inquired about the reason the businesses aren’t part of the solution. Mr. Rardin stated the business owners have varying opinions and have not come to a consensus on a solution. Mayor Jacobs inquired if there was anything that could be done to develop a single project that works for all. Mr. Rardin stated that he doesn’t think so at this time. Councilmember Basill inquired if there was any liability for the filling the one of the owners has done. Mr. Harmening stated that condemnation and using eminent domain would be a way to move the project forward. Meeting of September 17, 2007 Page 5 Subject: Study Session Minutes August 27, 2007 Mr. Rardin stated that they aren’t planning to do a public project, but there are programs the homeowners could participate in. Councilmember Sanger inquired about a grant from the DNR. Mr. Brink stated that it expires at the end of this year and there is another one for next year. He stated there was already an extension. Updates Councilmember Sanger stated she attended the Twin West Chamber and Metropolitan Association meeting about the issue of requesting funding for TH 100. She also attended a meeting called by R.T. Rybak about the Clean Water Partnership with the intent to clean up the lakes. The meeting adjourned at 8:53 p.m. Written Reports provided and documented for recording purposes only: 6. July Financial Report 7. Police Advisory Commission Mid-Year Report 8. St. Louis Park Arts & Culture Grants 9. Wolfe Lake Condominium Association HIA (Housing Improvement Area) 10. Vacant City Land Update 11. WiFi Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting Date: September 17, 2007 Agenda Item #: 4a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Motion to Approve Out-of-State Travel for Mayor Jeff Jacobs October 9-11, 2007. RECOMMENDED ACTION: Staff recommends Council make a motion to approve out-of-state travel for Mayor Jacobs to Washington D.C. from October 9-11, 2007 POLICY CONSIDERATION: None BACKGROUND: Pursuant to MN Statute 471.661 and Resolution No. 06-007, City of St. Louis Park Elected Official Out-of-State Travel Policy, the Council is required to approve any travel outside the State of Minnesota for elected officials. Mayor Jeff Jacobs will be traveling to Washington, D.C. on October 9, 2007 to speak with elected officials about transportation issues and to represent the City of St. Louis Park at the 100 Best Communities for Young People National Forum and Celebration. Linda Saveraid, St. Louis Park Schools, Margaret Rog, St. Louis Park Friends of the Arts, Madee Wiesner and Erica Seltzer-Schultz, St. Louis Park High School Students, and Marcia Honold, City of St. Louis Park will also be attending. FINANCIAL OR BUDGET CONSIDERATION: This is a 2007 budgeted item. VISION CONSIDERATION: Mayor Jacobs’ upcoming meetings with elected officials to discuss transportation needs is key to “Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy. 100 and SWLRT.” Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting Date: September 17, 2007 City Council Agenda Item #: 4b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Appointing Election Judges for the General Election on November 6, 2007. RECOMMENDED ACTION: Motion to adopt resolution appointing election judges for the General Election on November 6, 2007. POLICY CONSIDERATION: None BACKGROUND: Minnesota Statute 204B.21, Subd. 2 and City Charter Section 4.05 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. Election judges are assigned to precincts based on availability, party balance, and the number required for each location. The resolution contains the names of those who have indicated a willingness and ability to serve as an election judge for the 2007 General Election. Appointment by the City Council will allow them to serve as judges at the Election. Election judge training is scheduled for September 21st and 26th. FINANCIAL OR BUDGET CONSIDERATION: Election expenses for judges are included in the adopted 2007 budget. VISION CONSIDERATION: None Attachment: Resolution Prepared by: Nancy Stroth Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 2 Subject: Appointing Election Judges for 2007 General Election RESOLUTION NO. 07-_______ RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 6, 2007 WHEREAS, a General Election will be held on November 6, 2007 and the City must appoint judges no later than 25 days before each election by resolution of the City Council: NOW, THEREFORE, BE IT RESOLVED that the following persons have agreed to serve as election or alternate judges and are hereby appointed to serve: Ward 1 1-1, Benilde/St. Margaret’s Schoen Lou Chair Steege Richard Co-Chair Enz Mary Co-Chair Dosal Frank Struss Michele Keedy Joanne Fischels Angela 1-2, Peter Hobart Primary Center Hintz Todd Chair Slager Eunice Co-Chair Nerheim Constance Carlson Lawrence Berg Paige Knudsen Margaret 1-3, Peter Hobart Primary Center Drache Kay Chair Gardner Peter Co-Chair Kurtz J. Hamilton Murman Jeffrey Rog Margaret Thornsjo Lucille 1-4, Central Community LaPray Jami Chair Bloom Janice Co-Chair Novotney Dolores Bagloo Ira Blomquist Nan Malcomson Nanette 1-5, City Hall - Community Room Ruhl Barbara Chair Maynard Mary Co-Chair Kurtz Kirsten Olson Ferda Smith Esther Ramsperger Angela Ward 2 2-6, City Hall Council Chambers Marsden Rick Chair Brehmer David Co-Chair Bratland Rose Gormley Maureen Oden Ross Dell Ed 2-7, SLP Rec Center Plumeri Margaret Chair Huiras Ken Co-Chair Wuebker Debra Richards David Olson Kate Babcock Thomas Grisim Linda 2-8, Susan Lindgren Intermediate Center Koepcke Stephen Chair Bloom Jon Co-Chair Monson Patricia Tursich Ernest Theissen Katherine Roppe Joan 2-9, Aldersgate United Methodist Church Larson David Chair Bjorgaard Deb Co-Chair Cochran Susan Kay Iacono John Campbell Mary Stevenson Leah Ward 3 3-10, Prince of Peace Lutheran Church Tape William Chair Rainey William Co-Chair Quilling Shirley Deane Betty Hill Bernice Shelton Ryan Meeting of September 17, 2007 Page 3 Subject: Appointing Election Judges for 2007 General Election 3-11, SLP Senior High School Serrell Judith Chair Benson Janet Co-Chair Hamilton Sylvia Posz Nalezny Lois Schmit Francis 3-12, Lenox Community Center Otterblad Patricia Chair Smits George Co-Chair Scully MaryJo Polach Janet Meyers Sally Worrell Edwin 3-13, Aquila Primary Center Williams Michael Chair Zwilling James Co-Chair Grove Henry Kertes Anne Johnson Mary Watson, William Ward 4 4-14, Westwood Lutheran Church Stulberg Jean Chair Posz Albert Co-Chair Tanick Paul Wheeler Mary Larson Sharon Lee Joan 4-15, Peace Presbyterian Church Martens Brenda Chair Solarz Dan Co-Chair Stanchfield Sherm Bierma Shirley Peltier Kay Bussen Joan 4-16, SLP Junior High School Christensen Mary Lou Chair Plovnick Ross Co-Chair Palm Patricia Savick Elaine Thorne Richard 4-17, Eliot Community Center Wickersham Mary Chair Mayes Nancy Co-Chair Desens Helen Hendrix Mary Kremer Patricia Cox JoAnn Absentee Ballot Board Judges Tangney Alice Ploof Patricia Berlin Nancy Evers Carol Danovsky Melonie Jacobs Jo Alternate Judges Botner Loren Mancl Jordan Kalk Todd Monroe Myrtle Thoennes Irene Stapleton Kris Holden Agnes Berglund Brenda Paul Mary Moxham Florence Miller Vern Strand Roger Thornsjo Orekand Roberts Martha Richards Margie Reviewed for Administration Adopted by the City Council September 17, 2007 City Manager Mayor Attest: City Clerk Meeting Date: September 17, 2007 Agenda Item #: 4c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Amend Consultant Contract 89-06 CSAH 25 Ped Bridge Project - Project 2005-2100. RECOMMENDED ACTION: Motion to approve Amendment No. 1 to Contract 89-06 providing additional engineering services for Trail Project - CSAH 25 Ped Bridge, Project No. 2005-2100. POLICY CONSIDERATION: Not Applicable. BACKGROUND: The City Council approved a contract on May 1, 2006 with TKDA in the amount of $187,700 for design and construction services related to the CSAH 25 Pedestrian/Bicycle Bridge and connecting trails. Plans were completed, and the bridge is now under construction and nearing completion. Construction is expected to be completed in mid-October of this year. TKDA has notified the City that their original estimated amount for design and construction services is projected to be exceeded upon completion of the project. TKDA is projecting additional costs of $20,300 to complete the project, or about 11% over the original estimate provided in April of 2006. According to TKDA, this is due primarily to the following: 1. Permit preparations were not included in the original scope of work. This included Minnehaha Creek Watershed District, Hennepin County, and NPDES permits (MPCA). 2. Coordination of private utility relocations was greater than anticipated (Qwest, Xcel, CenterPoint Energy, etc.). 3. Additional construction observation and inspection hours due to added piling and geotechnical related work by the Contractor, including field verification surveys. FINANCIAL OR BUDGET CONSIDERATION: The funding for this work is included as a part of the CSAH 25 Pedestrian/Bicycle Bridge project previously approved by Council. VISION CONSIDERATION: Not Applicable Attachment: Amendment No. 1 to Contract No. 89-06 Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 2 Subject: Amend Contract 89-06 CSAH 25 Ped Bridge Project - Project 2005-2100 CITY OF ST. LOUIS PARK AMENDMENT NO. 1 TO CONTRACT NO. 89-06 THIS AMENDMENT NO. 1 to Contract No. 89-06 is made on September 17, 2007, 2007, between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY” and TKDA Engineers, hereinafter referred to as “TKDA”. BACKGROUND. On May 1, 2006, the City and TKDA entered into Contract No. 89- 06 for professional services for Trail Project - CSAH 25 Ped Bridge, Project No. 2005-2100. Since that time it has been determined additional services are necessary to complete the project, including additional hours for construction observation, field surveys, and construction coordination. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that Contract No. 89-06 is amended as follows: 1. The scope of work shall be amended to include the additional work as described above. 2. All services to be performed under Contract No. 89-06 shall be completed by June 1, 2008. 3. The total compensation to TKDA for all services rendered pursuant to Contract No. 89- 06, as amended, is increased by $20,300 with a not to exceed total contract cost of $208,000. IT IS FURTHER AGREED that all other provisions of Contract No. 89-06 shall remain unchanged and fully effective, and this Amendment shall become an integral part thereof. EXECUTED as to the day and year first above written. TKDA CITY OF ST. LOUIS PARK By:________________________________ By:________________________________ Jeff Jacobs, Mayor Title:_______________________________ and________________________________ Thomas Harmening, City Manager Meeting Date: September 17, 2007 Agenda Item #: 4d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Resolution approving reallocation of Community Development Block Grant (CDBG) funds. RECOMMENDED ACTION: Motion to approve resolution to reallocate CDBG funds and authorize execution of any third party agreements. POLICY CONSIDERATION: The proposed relocation shifts 2006 CDBG funds from the St. Louis Park Emergency Program (STEP) acquisition project to the single family emergency repair project and the single family low income home improvement loan project. During the 2008 CDBG grant year, an allocation can again be directed to assist STEP with a future building acquisition. This action implements the flexibility of the CDBG process to ensure federal monies are expended on approved city projects, in a timely manner. BACKGROUND: The 2006 CDBG allocation included $57,500 to assist STEP with the acquisition of a building for their community based emergency services and food shelf activities for low income residents of St. Louis Park. $50,000 would have been used by STEP and $5,700 would have covered city administrative CDBG costs. As Council was informed in August, the STEP Board of Directors considered moving forward with plans to enter into a lease with intent to purchase the building located at 7020 Walker Street. Based on recent communications from STEP, plans to move to 7020 Walker St are no longer being considered. 2006 CDBG funds not expended by December 2007 would be recaptured by Hennepin County. Therefore staff proposes to reallocate $57,500 from the St. Louis Park Emergency Program (STEP) facility acquisition project to the following previously approved projects, which can expend the funds in a timely manner. • Single Family Emergency Repair Program - $28,750 This program is consistent with the Council’s focus on “stick and bricks” and has proven its responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or less of the median area income, and assets less than $25,000. This program provides grants of up to $4,000 for emergencies such as leaking roofs and water heaters. Community Action Partners for Suburban Hennepin County (CAPSH) currently administers this program for the City. This is an ongoing CDBG activity. • Single Family Low Income Deferred Home Improvement Loan - $28,750 This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income, or $38,850 for a household of 4, and assets less than $25,000. The rehab focuses on improvements to bring homes into Meeting of September 17, 2007 Page 2 Subject: CDBG Reallocation code compliance and provide long-term maintenance free housing. The maximum loan amount is $25,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15-year period expires. This activity is also funded when previous participants move or sell their homes and the deferred loans are repaid. This program is administered by Hennepin County Housing staff. Since the proposed re-allocation is to previously approved projects, a Public Hearing is not required, although a public notice for input was required and published. No comments were received during the public input period. FINANCIAL OR BUDGET CONSIDERATION: The reallocation has a neutral impact on the overall budget. VISION CONSIDERATION: The use of CDBG funds to serve low income residents by assisting with maintenance of their owner occupied single family homes is consistent with Vision SLP and the Strategic Directions adopted by the City Council - that St. Louis Park is committed to providing a well-maintained and diverse housing stock. Furthermore this use of CDBG funds addresses two of the 18 strategic focus areas: Property maintenance to foster quality housing and community aesthetics; and Working towards affordable single-family home ownership throughout the city. Attachment: Resolution Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 3 Subject: CDBG Reallocation RESOLUTION NO. 07-_____ RESOLUTION TO REALLOCATE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE EXECUTION OF ANY THIRD PARTY AGREEMENTS WHEREAS, the city of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the city of St. Louis Park and Hennepin County, the city agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; and WHEREAS, the city of St. Louis Park would now like to reallocate Community Development Block Grant funds previously allocated to the city pursuant to the Subrecipient Agreement; and WHEREAS, a notice to solicit public comment was published and comments were solicited for a period of 15 days, ending September 15, 2007, BE IT RESOLVED, that the City Council of city of St. Louis Park, Minnesota approves the reallocation of Community Development Block Grant funds by reallocating $57,500 from the St. Louis Park Emergency Program (STEP) facility acquisition project and allocating $28,750 to the to previously approved SF low income rehab loan program and $28,750 to the previously approved SF low income rehab emergency grant project. The purpose for the reallocation is that the STEP facility acquisition project has not yet occurred, and will not occur to expend CDBG funds in a timely manner. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute any required Third Party Agreement on behalf of the City, if such an agreement is required. Reviewed for Administration Adopted by the City Council September 17, 2007 City Manager Mayor Attest: City Clerk Meeting Date: September 17, 2007 Agenda Item #: 4e OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, April 11, 2007 The Rec Center Programming Office 1. Call to Order Chair George Foulkes called the meeting to order at 6:57 p.m. Commission members present: Bruce Cornwall, J. Ryan Currens, George Foulkes, George Hagemann, Steve Hallfin, Kirk Hawkinson, and Tom Worthington. Commission member absent: Lauren Webb-Hazlett. Staff present: Rick Birno, Recreation Superintendent and Stacy Voelker, Recording Secretary. 2. Presentations: Traveling Baseball Association, Joel Koch (7 p.m.) Joel Koch, board member of the association, advised this year will be the sixth summer the association is serving youth ages U10 to U15. Most of the U18 players will play legion or junior legion this summer. They play 16 games plus four to six tournaments per year. 14 year-olds did well at state and will go to Omaha for national tournament; 15 year-olds in Florida for world series last summer. It is great to play teams from other states. The relationship with Little League is an option, not a competition. The annual highlight is the Slug Fest tournament which will be held in May. This is the fifth year hosting the tournament. There are 80 teams, U10 to U14; with approximately 1,000 players coming into St. Louis Park from other cities. There will be 160 games played through the weekend. The tournament uses AAU pitching rules. Participation has been consistent; there are 12 to 13 kids per team; and they utilize fields wherever they can get (Elie, Louisiana Oaks, Twin Oaks, Pennsylvania, and Jackley Parks). The only drawback is the inconsistent field location. The fee is $250 per child which includes tournaments, games and uniforms. The Slug Fest is a fundraiser which helps keep costs low. The coaches are volunteer, not paid. Commission members inquired what the association would like from the city. Mr. Koch advised the Traveling Baseball Association is attempting to work with other associations and the city toward a merger. Mr. Koch would like the commission to support a merger concept of all associations (i.e. hockey, baseball, soccer). He feels the advantages would be joint efforts on fund raising, hiring of staff, etc. Mr. Koch inquired on the annual meeting that was previously held. Mr. Foulkes advised in place of the annual meeting, the commission is now inviting the associations to their monthly meetings. Meeting of September 17, 2007 Page 2 Subject: Parks and Recreation Minutes April 11, 2007 The commission thanked Mr. Koch for attending and for being on the board to fulfill the position. Mr. Koch thanked the commission for the opportunity to meet. * 3. Approval of Minutes • March 21, 2007 It was moved by Commission member Mr. Hagemann to approve the minutes from the regular meeting of the Parks and Recreation Advisory Commission, seconded by Commission member Mr. Worthington The motion passed 6-0. 4. New Business a. Location of Joint Tennis Courts with Benilde-St. Margaret’s Mr. Birno advised the commission the Bass Lake tennis courts will be removed due to redevelopment on the site which is EDA property. Park Nicollet Eating Disorder Institute building is proposed. The city is working with Benilde-St. Margaret’s to add four courts to the existing four at Aquila Park. The courts would be built this summer and ready for use by fall. The city has a financial partnership with BSM to build the courts. The Bass Lake location was on a 10 year lease; currently in year nine. There may be a small financial obligation for breaking the lease. Members inquired if the courts would have lights and a backboard. Mr. Birno advised those suggestions will be included in discussions. Commission inquired on the interim dog park. Mr. Birno indicated it will be removed and hopefully replaced at another location in the future. b. Carpenter Park Project Update Mr. Birno indicated construction of the pedestrian bridge going over Highway 25 has begun and the south end of Carpenter Park will be impacted. The bridge will come into the corner of the park next to the field. During construction, there will be no parking in the south lot and they work week days until approximately 4 p.m. In addition to the pedestrian bridge project, city staff is working on a project that will drain storm water underground. This should eliminate current flooding problems with the city hall lower parking lot. The project is scheduled for August and should take approximately three to four weeks. Meeting of September 17, 2007 Page 3 Subject: Parks and Recreation Minutes April 11, 2007 c. Park Sign Ordinance Mr. Birno indicated Babe Ruth contacted staff last year regarding the addition of advertising signs on ball fields. Mr. Birno reported parks are now an independent zoning district. A change to the park sign ordinance, not yet to council, will propose to sell signage on facilities with control by staff. It will clarify what can be included in the parks, the size, and the location of the signs. This change is in the discussion mode; unsure when council will review. Mr. Hallfin advised members most of the advertising money from signage is for financial assistance for program participants. Members discussed and would like to review ordinance and formal proposal. Requested be included on May agenda. 5. Old Business a. Review and Approve By-Laws Members discussed by-laws and advised of minor adjustments. It was moved by Commission member Mr. Hagemann to approve the by-laws as amended, seconded by Commission member Mr. Cornwall The motion passed 6-0. 6. Communications a. Chair Mr. Foulkes indicated he worked with Michelle Margo on events and will miss her. b. Commissioners Mr. Worthington advised 73 girls are registered in Lacrosse. Mr. Hallfin inquired on the applications for Michelle Margo’s position; Mr. Birno advised approximately 130 applications have been received from many qualified individuals. c. Program Report Mr. Birno advised staff is waiting for designs on the Junior High site. Mr. Birno informed the members that graffiti is getting worse. Staff met with a company from St. Paul. This organization responds within three hours, the City of St. Paul and the City of Robbinsdale utilize this organization. The city would use the company when staff was unavailable. The organization charges per square foot plus a flat fee for a call out. Meeting of September 17, 2007 Page 4 Subject: Parks and Recreation Minutes April 11, 2007 d. Directors Report None. 7. Adjournment The meeting adjourned at 8:30 p.m. It was moved by Commission member Mr. Currens to adjourn, seconded by Commission member Mr. Hawkinson The motion passed 6-0. Respectfully submitted, Stacy Voelker Recording Secretary Meeting Date: September 17, 2007 Agenda Item #: 4f OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA July 11, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Commissioner Timian arrived at 6:03 p.m. 2. Minutes: June 20, 2007 Commissioner Robertson moved approval of the minutes. Commissioner Morris seconded the motion, and the motion was approved on a vote of 6-0. 3. Hearings A. Major Amendment to Planned Unit Development for Cancer Center Addition and Parking Ramp Location: Methodist Hospital - 6550 Excelsior Boulevard Applicant: Park Nicollet Health Services Case No.: 07-25-PUD Sean Walther, Senior Planner, presented the staff report. Mr. Walther explained the process that has been going on between FEMA, the DNR, Hennepin County, Minnehaha Creek Watershed District, and the City to update flood maps in the region. He stated that PUD approval by the City will need to be contingent upon FEMA approval of the Letter of Map Revision (LOMR) requested by Park Nicollet. The LOMR has been requested to update the predicted 100-year flood elevation based on the latest and most accurate flood data analysis in the Methodist Hospital Campus area. Mr. Walther added that the City will also need to amend the zoning map, which includes the 100-year floodplain boundary, for the change to go into effect. Meeting of September 17, 2007 Page 2 Subject: Planning Commission Minutes July 11, 2007 Mr. Walther spoke about the Brooklawn neighborhood involvement process. Representatives from the neighborhood have been meeting with Park Nicollet staff for about nine months. The Commission received a copy of the neighborhood’s issues and resolutions document. Mr. Walther stated that they were close to resolving all of the issues. Commissioner Timian asked how many cars could queue at the entrances to the ramp and if it was wide enough for other cars to go around to the next entrance. Commissioner Timian expressed concern about multiple cars going into the ramp at a given time. Mr. Walther illustrated the drive lane distance and the entries on the plans. Commissioner Person noted the Excelsior entrance would be the main entrance for guests. He asked if some of the guests would go through the Louisiana Circle entrance. Mr. Walther responded they anticipated more vehicles would be accessing the site from Louisiana Avenue, which would be more convenient. Commissioner Carper asked if lighting in the parking areas was a security requirement. Mr. Walther replied in this plan the lamps and fixtures are not cut off lighting and not a downcast feature, which allows glare to go beyond the site. Commissioner Carper asked if the City had security requirements for the parking structure. Mr. Walther replied that the applicant is compliant with all requirements and the Police Department reviews applications. Commissioner Morris said the traffic report suggested that the Oxford/Louisiana intersection is operating minimally at the PM peak and should be monitored for a traffic signal. He asked if the City is requiring a traffic signal or is working with the applicant to make a determination about it. Mr. Walther replied that the traffic signal is required as a condition of approval and would be included in the development agreement. Commissioner Morris stated that Louisiana traffic is pronounced. He said the DNR will be looking at the wetland issue, and asked if anyone addressed the issue as to how additional lighting and massing interact with the nocturnal activities of the flora and fauna of the wetland areas. Mr. Walther said he was not aware of discussions regarding that issue. The Watershed District is reviewing the storm water plan for the site. He was not sure if the lighting had been reviewed or factored into the decision. The lighting is designed to meet the light pollution regulations and he was unsure of impact to the wetlands, but said he could review it further. The applicant had provided photo metrics that would indicate what the lighting is and how much spill over goes into the wetland area. Meeting of September 17, 2007 Page 3 Subject: Planning Commission Minutes July 11, 2007 Duane Spiegle, Vice President of Real Estate and Support Services for Park Nicollet, commented they viewed this as a continuation of the process started in 2003 where they built a collaborative partnership with the City and the neighborhood for a very successful project, the Heart and Vascular Center and Blue parking ramp. This is a continuation of that PUD process. Mark Parkinson, Director of the Cancer Program, Park Nicollet, stated there is a huge amount of excitement about this project and the ability to provide better care for patients and the community. He discussed the cancer program at Park Nicollet and the decision to consolidate to one site. They have come up with a design that would set them apart for cancer care. They are there to serve the community and are proud of their accomplishments providing good care. Commissioner Timian asked about the primary service area of the facility. Mr. Parkinson replied their primary service area is the west, south and north metro area. Commissioner Carper asked about the customer profile and how much of the services are vended for those unable to pay. Mr. Parkinson responded that to maintain their non-profit status, they have to provide 10% charity care. Commissioner Carper asked about the landscaping, public art, and the opportunity for the community to use the green space. Mr. Parkinson spoke about the healing garden planned to be located around the perimeter of the Cancer Center. They are working with the Watershed District to have some trails or boardwalks going through the wetland, which would be for patients, staff and community members. Dan Hughes, engineer and landscape architect, added that the healing garden is one aspect of passive green space. The other aspect is the grove area which was created with the neighborhood. The grove area will be a series of sidewalks, benches and plaza areas. Bob Reisselman, Director of Engineering, Park Nicollet, spoke about the grove area and the trails project. He mentioned that Park Nicollet is working with their foundation to find partners for sculpture, artwork, fountains and amenities. He said the grounds, lobbies, and conference rooms are available for community use. Commissioner Person asked how many canoes go through the creek. Mr. Reisselman responded that he is a member of a vision group for the creek. Canoeing is a big amenity for the creek, so they are being careful with the design. Many Park Nicollet employees canoe the creek. Brad Krump, BWBR Architects, spoke about the design parameters for the project. It has been very community focused and they worked extensively with the neighborhood (starting last October). They will continue those discussions through construction. The Meeting of September 17, 2007 Page 4 Subject: Planning Commission Minutes July 11, 2007 hospital is doing a lot of upgrading to the north campus and looking at creating three acres of green space and providing those areas to the public. They are also improving storm water quality and being as environmentally friendly as possible. He reviewed the landscaping plan and floor plans. In response to Commissioner Timian’s question regarding the ramp entrance, Mr. Krump said vehicles can enter the ramp every three seconds. Peak times are different for staff and patients. Mr. Spiegle added that security staff operate all parking on site and have the ability to regulate entrance and exiting of the ramp by opening up the gate. Chair Johnston-Madison asked about overall parking, off-site parking, and if Park Nicollet envisioned any of those sites would be available down the road for uses other than parking. Mr. Reisselman replied they have a lease agreement with Real Estate Recycling developer of the Purple lot. There are 300-500 parking stalls at that location. They would take the lots furthest from the hospital to reduce the shuttling and try to bring them on campus first. They also made arrangements with the City for the Gold lot at Louisiana and 7. Eventually there will be a grade separation crossing and that had been factored into the long-range plan. Commissioner Kramer asked about parking during construction. Mr. Reisselman replied it would be a challenge. They will be encouraging use of public transportation, car pools, and working from home. They are also looking at options such as the use of other parking areas (Clear Channel, Knollwood, Rainbow). He said another idea is to hire a valet service for denser parking in lots. Chair Johnston-Madison opened the public hearing. John Hoisve, 3945 Dakota, Brooklawn Neighborhood representative, stated that the neighborhood has been meeting with Park Nicollet since November 2006. They discussed many issues and concerns and the neighborhood felt they had reached acceptable consensus on all issues and the neighborhood had no objection to the plan. Concerns which had been worked out included: screening and a buffer between the neighborhood; lighting (down and away, no glare); building height and location; traffic calming (they felt was achieved with road design in Phase I); and, safety and construction. Items to work on further are: 1) Is the buffer yard in the grove good screening of the ramp? They felt with larger plantings, they would have better screening; 2) Storm and sanitary sewage system and capacity (more between residents and the City); and, 3) Archive the book of resident issues and resolutions. Mr. Hoisve thanked the neighborhood committee, Park Nicollet and Methodist staff, the contractor, Sean Walther and Councilmember John Basill. The neighborhood appreciated the inclusion and the process. Tom Bennett, CB Richard Ellis Real Estate, representing owners on Oxford Street, stated they were excited for the expansion. Real Estate Recycling, Sam’s Club and the hospital expansion would lead to more growth for the community. As landowners and owners they were excited about this. Meeting of September 17, 2007 Page 5 Subject: Planning Commission Minutes July 11, 2007 Chair Johnston-Madison closed the public hearing. Commissioner Robertson complimented the applicants for providing great materials for review. He said it was a very nice project and he supported it. Commissioner Person agreed and felt there was a great attention to detail and consideration of the total site. It would be a great addition to the area. Commissioner Morris asked how the neighborhood input would be archived for the permanent record. Mr. Walther replied that the process was documented in an issues and resolutions checklist. A booklet with updates will be presented to each Councilmember and will be included as part of the permanent record of the PUD amendment. Chair Johnston-Madison commented that the process was very well done and she commended those involved. Commissioner Robertson made a motion to recommend approval of a Major Amendment to the PUD for Methodist Hospital Campus at 6500 Excelsior Boulevard, subject to conditions recommended by staff. Commissioner Kramer seconded the motion. Commissioner Morris made a friendly amendment to require the applicant to install a traffic signal as recommended by staff at the intersection of Oxford and Louisiana. The amendment was accepted by Commissioners Robertson and Kramer. The motion passed on a vote of 6-0-1 (Carper abstained, saying his employer is a similar facility). 4. Other Business Commissioner Morris asked about the Planning Commission development tour. Ms. McMonigal indicated she would send out an e-mail with suggested times for a tour in September. Commissioner Morris suggested that in the future the Planning Commission could meet in community meeting rooms that various developments have made available. Ms. McMonigal responded that staff could check into that. She said that one of the City Vision categories is Gathering Spaces. Community meeting spaces will be compiled as part of the Vision process. Meeting of September 17, 2007 Page 6 Subject: Planning Commission Minutes July 11, 2007 5. Communications 6. Adjournment The meeting was adjourned 7:30 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: September 17, 2007 Agenda Item #: 4g OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA July 18, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Carl Robertson, Jerry Timian MEMBERS ABSENT: Dennis Morris, Richard Person STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells 1. Call to Order – Roll Call Commissioner Timian arrived at 6:15 p.m. 2. Minutes: None 3. Hearings A. Homewood Suites Hotel – Preliminary Plat and Preliminary/Final PUD Location: 5353 Wayzata Boulevard Applicant: HSSLP, LLC (Torgerson Properties) Case Nos.: 07-26-S and 07-27-PUD Adam Fulton, Associate Planner, presented the staff report. He noted that the parking requirement was unusual. The requirement for an office building is one space per 250 sq. ft. and for a hotel, 1.5 spaces per room. In this case, the applicant proposes a shared parking agreement between the hotel and office. Staff has looked at both uses to determine which has a higher peak and to determine that they didn’t have a similar peak. The hotel’s parking demand is later in the evening and the office peak is mid-morning to afternoon. Staff determined shared parking would be appropriate. The applicant needs to provide parking for the greater of the two uses, which is the office building in this case. Mr. Fulton said the applicant was proposing a 1,689 sq. ft. green roof. He discussed the new designed outdoor recreation areas (DORA) that would be included on the site. Commissioner Carper asked about requirements for the long-term maintenance of the green roof. Meeting of September 17, 2007 Page 2 Subject: Planning Commission Minutes July 18, 2007 Mr. Fulton replied generally a green roof increases the longevity of the roof because the roofing membrane isn’t exposed to elements. If plants aren’t maintained properly, it could possibly lead to a structural problem which owners want to avoid. The City Inspector had reviewed the green roof plans and indicated as long as the drainage, waterproofing and load requirements were met; it would be a simple thing to put on a building. Commissioner Robertson asked if the City would be improving connectivity to the commuter trail and to the trail systems for bicycles in this area. Mr. Fulton replied there is a bicycle-parking requirement in the parking code and the applicant was providing the parking spaces for bicycles on the site. He said there is not great connectivity in this area. Meg McMonigal, Planning and Zoning Supervisor, added that Mr. Fulton applied for and received a grant from Transit for Livable Communities and would be working with Golden Valley to provide connectivity to the Minneapolis trails. In addition, she said Active Community Planning funding was received from Blue Cross/Blue Shield. A bicycle and sidewalk committee has been formed as part of that study group. She added that as part of the proposed Duke development, staff desires to improve the pedestrian and bicycle connections throughout this area. Commissioner Kramer asked about park dedication fees. Mr. Fulton explained the fee is State legislation which allows cities to provide an incentive for developers to dedicate land for park. The reason it applies to the hotel site is because the site had never been platted. Commissioner Kramer stated he was in favor of a green roof, but asked why the green space was not on the ground where it would provide more aesthetic usability. Mr. Fulton replied there were two issues. First, the landscaping requirements in the code were just changed to allow different landscaping and alternatives. With a multi-story building like the one being proposed, all of the trees and shrubs that would be required on the site won’t fit. To make up for the lack of trees the applicant can provide benches, sculpture, and activity courts, etc. The separate DORA requirement is 12% of the site and they were not getting a benefit for doing the green roof for the DORA, it was being provided regardless of that. They had provided benches, sculptures and activity courts to meet the DORA requirements. Chair Johnston-Madison asked about the parking and requested that the table be reviewed again. Mr. Fulton spoke about the parking study. He said staff was convinced by the study and because the two uses had different peaks, the shared parking worked well. Sufficient parking was being provided for the office building. Meeting of September 17, 2007 Page 3 Subject: Planning Commission Minutes July 18, 2007 Chair Johnston-Madison stated she was concerned there would not be enough parking. Technically there should be 600+ parking spots and there were 363, which was a startling difference. Mr. Fulton noted the applicant would address the issue further. John Hafner, architect, said the proposal is for an upscale extended stay property. He said this is one of the strongest cases he had seen for shared parking uses. They had taken it a step further and tried to segregate parking that might be desirable for hotel guests, such that it would not likely interfere with the office use. In addition, the owner wanted a design that responded to the upscale nature of what would evolve in this district. The first floor green roof had a benefit to the hotel guests because it was visually pleasant to look at. Tom Torgerson, Torgerson Properties, indicated the green roof was on the only one-story section of the building. It projects toward downtown and six stories of hotel guests would look down on the roof. His company would be the sole owner of this hotel. They have become the largest hotel owner and operator in the state of Minnesota. He spoke about the shared parking arrangement and the different peak times of the two uses. He commented that the West End development would be a great complement. Commissioner Timian asked Ms. McMonigal if Duke has been advised to orient toward the street. Ms. McMonigal replied staff was working with Duke to move forward on their office plans. A committee has been formed to work on the orientation of the retail. Duke intends to have the driveways line up with hotel driveways. She added that most of the public street locations for the Duke proposal are fairly well set because of the existing streets and buildings in the area. Commissioner Timian asked if the applicant would consider purchasing a fleet of smart cars which could be rented to guests. Mr. Torgerson replied they would give that some thought. Chair Johnston-Madison opened the public hearing. Dennis Zylla, 5353 Wayzata Blvd, representing the seller of the property, stated they had a lot of confidence in Tom Torgerson and the company and felt strongly it was a good project for the community. As there was no one else present wishing to speak, Chair Johnston-Madison closed the public hearing. Commissioner Robertson stated it was a handsome, well-designed and well-sited project. It would be an asset to the community and he gave it full support. Commissioner Carper agreed and stated the presentation was excellent. Meeting of September 17, 2007 Page 4 Subject: Planning Commission Minutes July 18, 2007 Commissioner Kramer made a motion to recommend approval of the Preliminary Plat and Preliminary/Final PUD, subject to conditions as recommended by staff. Commissioner Carper seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business - None 5. Communications Commissioner Carper asked about the Planning Commission tour of the city. Ms. McMonigal replied staff was working on setting it up for early September. 6. Adjournment The meeting was adjourned 7:00 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: September 17, 2007 Agenda Item #: 4h OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA August 1, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Jerry Timian STAFF PRESENT: Meg McMonigal, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: None 3. Hearings A. Conditional Use Permit and Preliminary Plat with Variances Location: 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard Applicant: Duke Realty L.P. Case No.: 07-28-CUP, 07-31-S, 07-32-VAR Meg McMonigal, Planning and Zoning Supervisor, introduced the project. She said further details will come forward with the preliminary and final PUD, possibly early next year. She introduced Don Quanbeck with TKDA, an engineer consulting with City staff and reviewing the project. Sean Walther, Senior Planner, presented the staff report and recommendations with conditions. He explained that staff recommends approval of subdivision variances for reduced easements for the existing office tower buildings and ramp on Lot 1, Block 2. He said staff does not find that standards are met for granting variances for reduced easements on the Olive Garden and Chili’s sites. Commissioner Carper asked if the buildings to be destroyed had any hazardous materials they should be concerned about such as asbestos and lead paint. Mr. Walther responded there are materials such as those in the building and environmental work needs to be done to remove those materials in advance of demolition. He explained that work is not part of this particular application. Commissioner Carper asked how the City could be assured of the content of the dust. Meeting of September 17, 2007 Page 2 Subject: Planning Commission Minutes August 1, 2007 Mr. Walther replied he would ask Duke representatives to address that. Commissioner Carper asked when the pad preparation would be completed. Mr. Walther believed it would occur in four to six months. Stock piling of materials may occur on the northeast side, and excess materials may be hauled off-site over a longer period of time. The permit for the conditional use permit was good for one year from the time of approval and the applicant expected that would be resolved within that time period. If not, they may need to come in for an additional permit. Commissioner Carper noticed in part of the discussion from Duke and in their letter they talked about putting grass seed down and preparing the soil at the conclusion. He asked what happens if they find themselves in the off-season. Mr. Walther replied that any grass installation would occur in the spring. He said he was unsure of the timing. He said that Duke may be able to better determine that date. Commissioner Carper asked if there would be any other type of remediation to avoid dust blowing off the lot. He asked what they do during the winter. Mr. Walther replied he did not know the details, however an erosion control permit would be required which the Environmental Coordinator and Public Works Department would enforce. He said in addition, there is a storm water pollution prevention plan and permit required through the MN Pollution Control Agency. Both of those permits would include conditions of how and when that would need to be stabilized. He thought the permits outlined a period of 21 days for stabilizing the area if grading or disturbing operations had ceased. Mr. Walther said the developer may be able to provide more information. Commissioner Carper inquired about the office buildings, Novartis and the tennis club. He asked how many businesses currently occupy those buildings. Mr. Walther responded that the tennis club is vacant and Novartis vacated its building on July 31st. He did not know the status of the other buildings. Commissioner Carper asked about relocation of the businesses and the numbers of employees. Mr. Walther indicated he did not know the statistics and said the developer may have more information. Commissioner Carper asked if Duke owns the existing office buildings. Mr. Walther replied that Duke owns the 1600 Tower and Money Gram Tower. They also own the land for the Chili’s and Olive Garden sites. The Health Partners building on the southeast corner and the Parkdales Office buildings to the south of Gamble are not owned by Duke. Meeting of September 17, 2007 Page 3 Subject: Planning Commission Minutes August 1, 2007 Commissioner Person noted a minor discrepancy in the Duke letter to staff and the consulting engineer (TKDA) letter regarding sewer and water mains. Mr. Walther requested that Duke or the consulting engineer respond. Commissioner Morris spoke about the street dedication plans. He commented that 16th would be a brand new street. He explained that Utica is an existing street that would then be dedicated as a public street. In looking at the street profiles, he saw a 10 ½ foot right of way back of curb broken out as 6 ½ feet of sidewalk. He found it seriously deficient in the forestry and landscaping. He said putting the sidewalk right next to the street where the snow plows push the snow onto the sidewalks, limits accessibility. Street lights and signs take up the edge of the curb and leave four foot sidewalks. He said that was not pedestrian or ecologically friendly for such a major development with proposed pedestrian usage both from the parking ramp to the office towers and to the development site. Mr. Walther responded this is set up as an interim strategy. The final planned unit development would include a combination of improvements beyond the right of way line shown now that may be on private or public property. He said that was what concept plans have shown so far and where he thought plans were headed. It was possible additional right-of-way would be required, especially along Outlots A, B and C, where they had not finalized development plans. He said additional right of way may be required of the developer when they come back for preliminary and final plat for those particular outlots. Commissioner Morris indicated he just wanted to raise a flag on this issue. Ms. McMonigal added that a minimum of six-foot sidewalks in commercial areas is required and the streetscape scheme for 16th is being worked on. Staff will be working on that with the citizen committee and consultants who are assisting with the streetscape design. Commissioner Person noticed a few other discrepancies in the documents. He said plate C5B, grading note 8 says that all excess material shall be disposed of off the construction site. The other letters indicate all of the demolition material would be crushed and reused on site. Mr. Walther responded there was a partial discrepancy. Approximately 7,000 cubic yards of materials would be crushed and used. The remainder would be exported off-site. Commissioner Person said that note 17 says all routes shall be Wayzata Boulevard and Gamble Drive to Park Place Boulevard to 394. Mr. Walther replied that was a discrepancy. It was in the letter from Duke Realty describing the project, as well as in the staff report conditions of approval, that it only comes off of Park Place at 16th. The developer was correcting the plans to indicate that correctly. Meeting of September 17, 2007 Page 4 Subject: Planning Commission Minutes August 1, 2007 Commissioner Carper noted in one paragraph the Duke letter stated that general activities would include excavating and hauling off of porous soils. It also says it will include importing of necessary structural fill. In the following paragraph it says Duke expects to use on-site sand for soil correction and does not anticipate importing soil. Mr. Walther replied some of this was due to limited knowledge of the site and materials. Soil borings had been done on the site, but the Novartis Warehouse was a barrier to doing some of the soil boring. They were working on some guesswork and limited knowledge based on the soil borings that were done. He explained that was not necessarily a discrepancy. Mr. Walther said he thought they were still anticipating there were enough good soils on the site to mix and provide what they needed on the site. However, if they find there is not, they might need to import structural fill. Commissioner Carper asked with the volume of construction traffic, does the developer bear any responsibility for the condition of the road when it is done and bringing it back to its current state or better. Mr. Walther responded the developer would be responsible for street cleaning. Park Place Boulevard would require additional improvements before the concept plan can become a reality. That includes turn lanes and other thru-lanes. In addition, Park Place Boulevard is in somewhat poor condition already and has money slated in the Capital Improvements program for mill and overlay. Commissioner Carper asked if the developer would contribute toward road reconstruction costs. Mr. Walther replied that could be discussed as they go through the negotiation of development points for the site. Ms. McMonigal added that there will be preliminary design evaluations done for Park Place Boulevard to determine if it needs a full reconstruction or if the expansion with a mill and overlay would be sufficient. The engineers doing that work would take into account the wear and tear on the roadway. David Bade, Duke Realty Development Services Manager and Civil Manager, stated they had reviewed the staff report and concurred with the recommendations. They agreed the Olive Garden and Chili’s could meet the 10-foot standards and have a shared 5-foot internal easement. They had also looked at the 1600 Tower and MoneyGram lot and due to the pinch points, they went for the 3-foot easement. After further consideration, they would be making changes and putting a 5 foot easement around the property as much as they could until they got to the pinch points. That would be incorporated in the plans before it goes to Council. All sidewalks will be concrete, not bituminous. They will follow all noise, vibration and dust ordinances and concur with the hours of operation. Related to that, they will be having at least one, if not several pre-construction meetings with the subcontractors and City staff. The haul route will be off of 16th directly into Novartis. Plans will be put out to bid and one of the stipulations will be that they follow that haul route exclusively. A 6-foot chain link safety and security fence will be provided. He said Duke had applied for and received their NPDS Storm water permit for the grading operations and have a storm water pollution prevention plan in place both for the NPDS Meeting of September 17, 2007 Page 5 Subject: Planning Commission Minutes August 1, 2007 requirements and for the City process. That would continue to be refined as they get closer to the project. They met with the Watershed District and will have erosion control and storm water permits. They will be receiving comments back from the Watershed District and it appears they are on track to get the permit in September. Mr. Bade said regarding engineering, one of the issues that came up was quality control and they had been working very hard on an extensive and complicated project and had addressed the level of quality with the consultants. A quality control process will be put in place as they move forward so the next round of plans are up to City standards. Dale Emter Preconstruction Manager, stated the larger impacts are related to the Health Partners tenant to the southeast of the site. They have a sanitary sewer relocation occurring to the north of the property line. The depth of the sanitary sewer is 28 feet at the point of connection, so the excavation would be on the neighboring property. They were negotiating with the Health Partners landlord on that issue. They also have a temporary parking easement onto their property for 168 stalls and they need to maintain that through the construction process. Their current proposal is to maintain portions of the site within a 500-foot radius and move the stalls on a temporary basis as they move the soil. They would also like to negotiate a different version of the parking easement, which may entail creating elevated parking on their site and were still coordinating those issues. North of the Novartis site is the bank property and there is another deep soil correction and the trench would put them onto their property. They are going to try to negotiate a temporary easement to allow them to open cut. Mr. Emter said regarding crushing, they are focused on that for the LEED piece and there is a cost efficiency not having to haul material off-site and back on. They expect to generate about 40,000 tons of materials and hope to use all of that on-site for roadway base and soil correction. That plan will be developed further as they select their subcontractor. They want to conduct an existing condition survey with their neighbors’ properties (Health Partners, the bank to the north, Money Gram buildings, 1600 Tower, Chili’s and Olive Garden). They will meet and discuss impacts and construction issues. Mr. Emter said they would be performing hazardous material abatement in the buildings prior to demolition. There is a limited amount of asbestos in the Novartis and office buildings they were aware of. He said he was not aware of any hazardous materials on site, but will be wary of that before construction. Commissioner Carper stated he was under the impression that the dust created from a cement crushing operation tends to be abrasive and corrosive. Mr. Emter replied it was a valid concern. The dust is slightly more abrasive than dust from earthwork operations, but it was isolated and they could mitigate it with manual or automated watering techniques. Mr. Emter said regarding the question about erosion control plan for winter operations, they anticipate the soil would be fairly wet and either frozen or moist and freezing as it comes out. If they run into problems, the superintendents are trained on the regulations and would address it. Meeting of September 17, 2007 Page 6 Subject: Planning Commission Minutes August 1, 2007 Mr. Emter said the office buildings were vacated as of February 2007. They are empty and shut down and were awaiting asbestos removal and demolition upon approval. Commissioner Carper asked if any of the businesses had relocated in St. Louis Park. Mr. Emter replied he had heard some relocated to the Parkdale properties to the south and some had relocated into properties to the west, but he did not have the specifics. Commissioner Morris stated the haul route was ambiguous. He asked about conditions relating to hauling materials during rush hour. Mr. Emter replied they were trying to take advantage of the market and have sources where the dirt would go. They couldn’t pin point that until there was a subcontractor on board who would be finding those sources. They do not know the number of trucks and hours of operation at this time. Prior to those hauling operations, they will meet with the subcontractors and have them determine what the routes are and how they would address traffic issues. It was in their best interest to avoid high traffic periods because they pay for trucking by the hour. Commissioner Morris suggested they leave it to staff to take into consideration the impact of hauling on I-394. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson stated that the project was straightforward. He said this was an early phase and a great deal of work had gone into this. He stated he was 100% behind moving forward and looked forward to seeing the next phases. Commissioner Morris asked if there was a window of seasonal demolition and hauling. Mr. Emter replied it was dependent on the subcontractors plan. They anticipate they would have the demolition fully completed by March 2008. Commissioner Morris commented about hauling during the winter as it gets dark at 5 PM and being able to haul at 10 PM is rather disturbing to residents. Although this is a primarily commercial site with few residents around it, noise carries further in the wintertime and it is in the staff recommendation that they can adjust the hours. He commented that should the noise and activity be disruptive, it may not be conducive to have the same hours for winter operations. Commissioner Person noted that hotels are across the street and those tenants could be affected by the noise as well. Commissioner Carper asked about problems with simultaneous construction occurring as a new hotel will be under construction in the area. Meeting of September 17, 2007 Page 7 Subject: Planning Commission Minutes August 1, 2007 Ms. McMonigal replied there had been coordination between the property owners. They hadn’t determined the exact construction timing, but would have to work that out to make sure it would work together. Commissioner Kramer made a motion to recommend approval of the conditional use permit and preliminary plat with variances, subject to conditions recommended by staff. Commissioner Morris seconded the motion subject to the changes of the variance request as discussed, and the motion passed on a vote of 6-0. 4. Other Business Ms. McMonigal stated staff was looking at September 19th at 5 PM for the Planning Commission tour. It is a regular meeting night. Commissioner Carper stated he had previously asked Adam Fulton about erosion control done on some of the developments, specifically the corner of 26th & France. He said Duke would be mandated to do a grass over-seed. He asked if that was a City standard. Mr. Walther responded that the Duke project is held to a higher standard because it is through the Minnesota Pollution Control Agency’s NPDS permit. The single family home construction is held only to City erosion control standards. However, he did not know the City standard for stabilizing soils on single family home construction sites. 5. Communications - None 6. Adjournment The meeting was adjourned 7:00 p.m. Respectfully submitted, Amy Stegora-Peterson Recording Secretary Meeting Date: September 17, 2007 Agenda Item #: 4i City of St. Louis Park Human Rights Commission Minutes – April 17, 2007 Westwood Room, City Hall I. Call to Order Chair Bulman called the meeting to order at 8:05 p.m. A. Roll Call/Introductions Commissioners Present: Mohamed Abdi, Karmit Bulman, Sonja Johnson, Sharon Lyon, Lisa Miller, Joe Polach, and Shelley Taylor. Absent: Greg Asche, Ahmed Maaraba and Dalton Shaughnessy. Staff: Lt. Drier, Marney Olson and Amy Stegora-Peterson Guests: Erica Seltzer-Schultz, Ann Hyman, Pat Swiderski (PAC representative), Matthew Armbrecht, Kristi Rudelius-Palmer, Mark, David Arago, Kristin B. Approval of Agenda It was moved by Commissioner Johnson, seconded by Commissioner Miller, to approve the agenda as presented. The motion passed 7-0. C. Approval of Minutes It was moved by Commissioner Bulman, seconded by Commissioner Miller, to approve the minutes of March 20, 2007, as presented. The motion passed 7-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Update from City Council Study Session Ms. Taylor indicated that City Council liked the Commissions’ Work Plan and the work they had done (i.e. Somali Forum). B. Committee reports Update from Shelley Taylor on International Film Series Ms. Taylor reviewed what had been accomplished. Films will be shown the third Thursday of the month at 6:30 at the Lenox theater (seats 50), with discussion following (dates: 6/21, 7/19, 8/16, 9/20, 10/18, 11/15 and 12/20). Ms. Taylor submitted the grant request for $6,500. A list of ten films was put together and commissioners need to view the films before they made a determination which to show. Advertising also needed to be done (distributing flyers, etc.). Lt. Dreier stated she could talk with Seth Rowe about an article in the Sun Sailor. Commissioners acknowledged Ms. Taylor for her work on the grant and film festival. Meeting of September 17, 2007 Page 2 Subject: Human Rights Commission Minutes April 17, 2007 Ms. Taylor noted she tried to pick films where they would be able to get good speakers. The sub committee will meet again to put together a flyer, arrange speakers and pick films. She would schedule the meeting, all commissioners are welcome to attend. Ms. Seltzer-Schultz suggested contacting the teacher of the Cinema class at the high school and getting the students involved in the film series. Ms. Taylor indicated they should know about the grant by April 30th. III. Old Business A. Planning for April 24th Mini Forum at Central Community Center The following Commissioners agreed to attend the forum: Abdi, Bulman, Lyons, Miller, Taylor, and possibly Polach. The Commission discussed details of the forum night. B. Children First Ice Cream Social Planning Ms. Olson distributed a sign up sheet for shifts during the event. More discussion can be done at the May meeting. She found posters to hand out and was trying to find more buttons and balloons. There are also signs that have been made by students that can be used to decorate the booth. C. Parktacular Discussion Ms. Olson stated this would be similar to what they do at the ice cream social. They will not be part of the parade. IV. New Business A. Strengthening relationship with St. Louis Park schools including diversity events at Jr. and Sr. High Chair Bulman introduced Erica Seltzer-Schultz who discussed a handout she put together with observations from the ELL high school classrooms. Chair Bulman asked how the commission could partner with the schools. Chair Bulman noted the Equity Plan draft from the school indicated providing communication in multiple languages. Ms. Miller agreed to be involved in working on ways for the HRC to partner with the school district. Ms. Olson noted Linda Saveraid and Sandy Johnson shared that approximately 20 people from the Courageous Conversation on Race and Demographics were interested in getting involved in some way and the HRC can work with CEAC on areas for involvement. B. Graffiti at Park Spanish Immersion School (PSI) Chair Bulman read the following: A letter from the Principal and Site Council Chair from PSI, Press Release from the School District and the Police report. She met with the Jewish Community Relations Council to discuss this and they had ideas for education at PSI. The role of the Commission is about education. The Commission discussed the vandalism, how it was reported, the role of the Police, the role of the school as victim (not to have this investigated) and education, and the existing bias crime policy. Meeting of September 17, 2007 Page 3 Subject: Human Rights Commission Minutes April 17, 2007 Chair Bulman stated she would meet with Principal Ursina Swanson to discuss the issue more completely and the types of education needed. V. Set Agenda for Next Meeting • Children First Ice Cream Social Planning • Parktacular Discussion VI. Adjournment It was moved by Commissioner Bulman, seconded by Commissioner Miller, to adjourn at 9:35 PM. The motion passed 7-0. Meeting Date: September 17, 2007 Agenda Item #: 4j City of St. Louis Park Human Rights Commission Minutes – June 19, 2007 Westwood Room, City Hall I. Call to Order Chair Bulman called the meeting to order at 7:10 p.m. A. Roll Call Commissioners Present: Mohamed Abdi, Karmit Bulman, Sonja Johnson, Ahmed Maaraba, Sharon Lyon, and Shelley Taylor Absent: Lisa Miller, Joe Polach, and Dalton Shaughnessy Staff: Marney Olson and Lori Dreier B. Approval of Agenda The agenda was approved as presented. C. Approval of Minutes It was moved by Commissioner Johnson, seconded by Commissioner Abdi, to approve the minutes of May 15, 2007, with the addition of Mohamed Abdi as commissioner present at May meeting.. The motion passed 6-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Taylor and Ms. Olson stated that the Children First Ice Cream Social was a successful event. B. Committee reports International Film Series • Ms. Taylor gave Ms. Olson a preview copy of the film “The Letter” to be viewed. The template of the flyer for the International Film Series was approved by the subcommittee and will be finalized with the film details and printed. Ms. Taylor asked all commissioners to try to attend as many films as they can. III. Unfinished Business A. PSI Graffiti Discussion At the May HRC meeting 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 are: Miller, Polach and Bulman. Chair Bulman made contact with Principal Swanson who indicated the school has done a lot of diversity education, she met with the JCRC, and does not feel any work with HRC is currently necessary. Meeting of September 17, 2007 Page 2 Subject: Human Rights Commission Minutes June 19, 2007 Since school is out for the summer, Commissioner Maaraba made a motion that the HRC should send a letter in the fall indicating that the HRC is available should the school need our guidance. The motion passed 6-0. IV. New Business A. Vision St. Louis Park – Diversity Ms. Olson distributed the Vision St. Louis Park Diversity Action team report to commissioners in the June HRC packet. The commissioners reviewed the document and Ms. Olson explained that per the direction of City Council the HRC will examine the Diversity section of Vision St. Louis Park and develop goals/recommendations for actions. V. Set Agenda for Next Meeting • Diversity plan from Vision Task Force • International Film Series VI. Adjournment The meeting was adjourned at 8:07 p.m. Meeting Date: September 17, 2007 Agenda Item #: 4k City of St. Louis Park Human Rights Commission Minutes – February 20, 2007 Aquila Room I. Call to Order Chair Bulman called the meeting to order at 7:15 p.m. A. Roll Call and Introduction of Guests Commissioners Present: Mohamed Abdi, Greg Asche, Karmit Bulman, Sharon Lyon and Shelley Taylor Absent: Craig Aizman, Dalton Shaughnessy (Alternate) Absent (Excused): Ahmed Maaraba, Sonja Johnson, Joe Polach, Lt. Lori Dreier Staff: Marney Olson, Staff Liaison Guest: Jane Kono, Adult Options in Education Coordinator B. Approval of Agenda Agenda approved. C. Approval of Minutes The minutes of January 16, 2007 approved. II. Brainstorming Session w/ Jane Kono for Adult Options • Learners with 93 birth places of origin participate in Adult Options classes. The number one need for students is language followed by childcare and transportation. Learners have seen some issues of discrimination in housing, services, and rudeness. • Bookmark in the Park is a good way to reach out. • Commissioner Bulman asked how the HRC can reach out and work with Adult Options in Education. The commissioners along with Ms. Kono came up with the following plan for an event at the Central Community Center: Tuesday, April 24, 2007 at 6:30 the HRC will participate in a mini forum with the ESL classes. Using the same questions as the Somali Forum, the learners will meet at small tables with commissioners. The questions will be provided to Ms. Kono in advance so the learners have time to prepare how to answer the questions since English is not their first language. This small scale format will benefit both the HRC and the learners. The HRC will stay and have break with the learners. • Commissioners are welcome to attend any ESL classes on their own and can coordinate this by contacting Ellen Lowry, the lead teacher, at 952-928-6746. Meeting of September 17, 2007 Page 2 Subject: Human Rights Commission Minutes February 20, 2007 III. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Lyon shared information regarding the Faces & Places event that is in the works. A gala event is scheduled for June to display the 60-80 pieces of art that will show what St. Louis Park looks like today including the diversity of St. Louis Park. IV. Old Business Reviewed the Human Rights Calendar for 2007 events. V. New Business Chair Bulman will revise the Work Plan based on recommendations from council and also look at the Bylaws. VI. Set Agenda for Next Meeting VII. Adjournment The meeting was adjourned at 8:50 p.m. Meeting Date: September 17, 2007 Agenda Item #: 4l City of St. Louis Park Human Rights Commission Minutes – March 20, 2007 Westwood Room, City Hall I. Call to Order Chair Bulman called the meeting to order at 7:04 p.m. A. Roll Call Commissioners Present: Mohamed Abdi, Karmit Bulman, Sonja Johnson, Sharon Lyon, Ahmed Maaraba, Joe Polach, Dalton Shaughnessy and Shelley Taylor Absent: Greg Asche Staff: Lt. Drier, Marney Olson and Amy Stegora-Peterson B. Approval of Agenda It was moved by Commissioner Shaughnessy, seconded by Commissioner Johnson, to approve the agenda as presented. The motion passed 8-0. C. Approval of Minutes It was moved by Commissioner Bulman, seconded by Commissioner Polach, to approve the February 20, 2007 minutes, as presented. The motion passed 8-0. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Ms. Olson stated she met with Linda Saveraid from Community Education to talk about changes to the work plan. She thought Jane Kono would be a good resource. She suggested setting up a meeting with Chair Bulman, Ms. Kono and Ms. Saveraid. Chair Bulman noted she had contacted Myron Orfield, but he hadn’t gotten back to her. The Commission discussed his presentation. Ms. Olson stated the Commission starting to work on forming relationships with schools was a step in the right direction. Mr. Abdi felt it was important to have minority assistants in schools. B. Committee reports - Update from Ms. Johnson regarding working with Erica on Somali issues in the classroom Ms. Johnson talked with Ericka Seltzer-Schultz about her work with ELL students and ideas for incorporating that better. A few ideas included: launching a vision program with a buddy program, help with tutoring and social aspects. They needed to try to bridge the gap. Another suggestion was to have student captains to connect the groups and get them more involved. She was just brain storming at this point. Chair Bulman added the City Council wanted the Commission to do more education. Meeting of September 17, 2007 Page 2 Subject: Human Rights Commission Minutes March 20, 2007 III. Old Business A. Planning for April 24th Mini Forum at Central Community Center Chair Bulman stated Jane Kono was at the last meeting and they discussed doing a mini forum using the same questions as the Somali forum. On April 24th (6:30-8:30 PM) Commissioners will go to the Central Community Center ELL sessions to ask questions to the students. Ms. Olson indicated she forwarded the questions to Jane. Commissioners Abdi, Bulman, Johnson, Lyon, Maaraba and Taylor agreed to attend the forum. Commissioners Polach and Shaughnessy tentatively agreed. Ms. Olson stated she would follow up with ELL staff on planning the April 24th event. B. Finalize Work Plan Chair Bulman reviewed changes to the work plan. Commissioner Polach indicated he would invite Renee Schlotterbeck, ELL teacher at the Junior High, to the next meeting to talk about reaching out to minority students at school. Chair Polach also suggested inviting Erica Selzer-Schultz. Commissioners further discussed the work plan and how to implement the priorities. There was a concern about the ideas being too broad. Ms. Olson noted the work plan needed to go to the next City Council study session. Chair Bulman clarified the last two bullets of Community and Youth Education to read: Work with key individuals in the school district to explore outreach and education opportunities. Commissioner Maaraba motioned, Commissioner Polach seconded to approve the work plan as modified. The motion passed 8-0. C. Bylaws-review current bylaws and city ordinances and make any necessary changes The Commission discussed modifying the mission statement. Chair Bulman motioned, Commissioner Lyon seconded to modify the mission statement to read: The purpose of the human rights commission shall be to advise the city council in its efforts to ensure all citizens protection of their human rights and full and equal opportunity for participation in the affairs of this community. The commission assists individuals and groups in cultivating community that embraces principals of equity and respect for all of its citizens. The motion passed 8-0. Ms. Olson reviewed the Powers and Duties. Commissioner Polach motioned, Maaraba seconded to include the Powers and Duties, section 1 and 3-8, into the Bylaws, with further clarification on section 5. The motion passed 8-0. Meeting of September 17, 2007 Page 3 Subject: Human Rights Commission Minutes March 20, 2007 Ms. Taylor and Mr. Maaraba agreed to attend the City Council study session. IV. New Business A. Film Festival Discussion and subcommittee formation Chair Bulman nominated Commissioner Taylor as Chair of a sub committee to work on a film festival. Ms. Taylor agreed and noted there is a theater at the Lennox Community Center and discussed how she envisioned the festival to run. The following Commissioners agreed to work on the sub committee: Abdi, Maaraba and Polach. Ms. Olson noted to get the grant money, the festival needed to occur in 2007 and the grant application is due April 13th. B. Discussion on strengthening relationship with St. Louis Park schools including diversity events at Jr. High and High School Chair Bulman indicated she would invite Erica Seltzer-Schultz and Renee Schlotterbeck to the next meeting. C. Children First Ice Cream Social planning for May 20th event Chair Bulman believed there should still be handouts from previous events. Ms. Olson indicated she would look. Lt. Dreier indicated she could provide balloons and a helium tank. There will be a sign up sheet at the next meeting for shifts. D. Parktacular discussion Lt. Dreier stated this year they would be having booths. She would submit an application for the parade. Ms. Lyon reported that Friends of the Arts was doing a photo project with an effort to include diverse groups and would be doing an exhibit. She could provide information about the film series at the exhibit. Commissioners felt it would be a good opportunity to do a follow up on the impact of the project on the community. V. Set Agenda for Next Meeting • Discussion on strengthening relationship with St. Louis Park schools including diversity events at Jr. High and High School - Guests • Children First Ice Cream Social planning for May 20th event • Parktacular VI. Adjournment The meeting was adjourned at 8:38 p.m. Meeting Date: September 17, 2007 Agenda Item #: 4m RESOLUTION NO. 07-_____ RESOLUTION ACCEPTING WORK ON STANDBY GENERATORS WATER TREATMENT PLANT #1 & #4 CITY PROJECT NO. 2005-1500 CONTRACT NO. 118-05 NOW THEREFORE 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 September 6, 2005, Total Construction & Equipment, Inc. has satisfactorily completed the Standby Generators for WTP #1 & #4, as per Contract No. 118-05. 2. The Director of Public Works 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 $553,740.00 Change Order 65,180.00 Overrun .00 Previous Payments 587,974.00 Balance Due $ 30,946.00 Reviewed for Administration: Adopted by the City Council September 17, 2007 City Manager Mayor Attest: City Clerk Meeting Date: September 17, 2007 Agenda Item #: 6a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Blvd. in St. Louis Park. RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve on-sale intoxicating liquor license with Sunday sales to ERJ Dining IV, LLC, dba Chili’s Grill and Bar located at 5245 Wayzata Boulevard. POLICY CONSIDERATION: None BACKGROUND: The City received an application from ERJ Dining IV, LLC for an on-sale intoxicating liquor license with Sunday sales for Chili’s Grill and Bar currently under operation at 5245 Wayzata Boulevard. ERJ Dining IV, LLC is a Kentucky Member Managed Limited Liability Company. The Company is in the process of purchasing 76 existing restaurants in Minnesota, Illinois, Ohio and Indiana. This includes acquiring 10 restaurants located in the State of Minnesota. The Police Department has run a full background investigation and has found no reason to deny the new ownership based on the investigation. The establishment’s name and manager will remain the same. The application and Police report are on file in the Office of the City Clerk should Councilmembers wish to review the information prior to the public hearing. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not applicable Attachments: None Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting Date: September 17, 2007 Agenda Item #: 6b Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Public Hearing on Wolfe Lake Condominium Association Housing Improvement Area (HIA). RECOMMENDED ACTION: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Wolfe Lake Housing Improvement Area and to set Second Reading for October 1, 2007. POLICY CONSIDERATION: State Statute authorizes cities to establish HIAs as a finance tool for private housing improvements. An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. The Council adopted the HIA policy in 2001, as a tool to finance the preservation and improvement of existing housing. The Wolfe Lake HIA meets the intention of city policy. Since 2001 the City has participated in the creation of two HIAs – Cedar Trails Condominium Association in 2002 and Sungate One Condominiums in 2006. BACKGROUND: Wolfe Lake Condominium Association, located at 4820 and 4860 Park Commons Drive, is a complex of two buildings with a total of 131 units,(one of which is owned by the association, and will not be subject to the HIA fee). The buildings were constructed in 1972 as rental and converted to condominiums in 1980. The units vary in size and features and are 86% owner occupied. The membership voted in February 2007 to place a covenant that requires units sold in the future be sold to owner occupants. The City’s HIA policy requires that only associations where the average unit value is less than or equal to Mn Housing’s guideline for first time homebuyers ($298,000 in 2007) can apply for the HIA tool. The value of these units is consistent with the policy in that the 2007 estimated market value of the units ranges from $108,000 to the mid $140,000’s. The preliminary application was submitted in April 2007, and has been favorably reviewed by staff and the City’s financial advisor, Ehlers and Associates. The Association presented 77 signed petitions, representing almost 60% of the owners, requesting this public hearing. Analysis of Application: The following analysis of the application was presented to Council in a staff report on August 27, 2007. The analysis is intended to describe how the proposal meets the HIA policy and intentions of the statute. Meeting of September 17, 2007 Page 2 Subject: Public Hearing, Wolfe Lake Condominium HIA 1. The Association contracted with a third party to conduct a reserve study. The Association has contracted with Omega Management, Inc., a property management firm since the early 90’s. The Association, in preparation of the HIA application, had a reserve study conducted by Bach Consulting Group in December 2006. The study includes a physical needs assessment, twenty year capital improvement plan and a financial analysis of the existing and projected financial situation. The compiled scope of work is based on the physical assessment, and review by The Foundation architect firm and CC & I Ltd., engineering firm. The proposed improvements have been discussed by the membership, Board and management company over the past two years, and culminated in a full membership meeting and discussion in July, 2007. The reserve study indicates that projected association fee increases will meet current and future needs and that the Association will be capable of funding future needs with their reserves. 2. Project Costs are reasonable and eligible for use of the HIA. The total construction estimate is $1,480,000, of which $242,000 will be funded with existing Association reserve funds, resulting in a total construction estimate for the Housing Improvement Area of $1,238,000. The following improvements are consistent with HIA guidelines in that they are common area improvements and improvements integral to the operation of the buildings and include: • $649,480. Building Mechanical: Replace domestic hot water recirculation piping, replace fire alarm system, replace exit lights, install access control system, and install corridor make-up air system. • $538,720. Building Exterior: Replace asphalt roofs: 4820 South and East, 4860 North, Replace windows, terrace, (first & second floors), replace wood siding, add east parking lot entry vestibule. • $6,240. Site Improvements: Sealcoat asphalt. • $649,480. Building Interior Improvements: Paint & wall covering, decorate apartment entries, carpet halls, lobbies, stairwells, ceramic tile, furniture & artwork, interior signage, interior light fixtures, reface apartment doors, replace common area doors, carpentry, renovate office, and renovate guest room, garage floor restoration. The above estimates are based on bids that have been received and reviewed by Omega Management, the project architect, the Association Board and membership. The proposed loan would be $1,268,000 and would cover construction and soft costs as noted in the following table. The loan would include the fee to be paid to the City along with funds to cover the City’s legal and advisory costs. Meeting of September 17, 2007 Page 3 Subject: Public Hearing, Wolfe Lake Condominium HIA Table 1. Project Costs Wolfe Lake HIA Project Costs Construction Costs $1,238,000 City Admin Fee $5,000 Legal Fees $3,500 Financial Advisor $2,000 Construction Oversight $1,500 Capitalized Interest $18,000 Total $1,268,000 3. The HIA meets City Goals The proposed improvements meet the City goals in that they will upgrade the existing housing stock in a neighborhood, stabilize the owner-occupancy level within the association, and preserve existing affordable housing stock. 4. The Association’s Process and Timeline meets requirements. The Association’s communication regarding the HIA has been ongoing since April 2005. • Staff met with the Board and members to discuss the HIA tool and process at two separate meetings during the preliminary process. • A full membership meeting was conducted on July 11, 2007, at which forty percent of the owners were present and indicated support of the HIA designation from the City. This meeting is a requirement of City policy. • Petitions have been signed by 59% of the owners and a public hearing was scheduled for September 17, 2007. According to city policy and statutory requirements, the only time in which a city may implement an HIA is when Association members petition to the city do so. State Statute requires that 25% of the owners sign petitions, while City policy requires petitions from a majority of the owners. • Construction is scheduled to begin in December and would be completed spring 2008. 5. The HIA financing is necessary for this project. The Wolfe Lake Association applied for credit from MinnWest Bank and Community Association Bank. Their requests were rejected based on insufficient collateral and large amount requested. The HIA is designed to be a last resort finance tool for associations. It is also designed to address obstacles some associations confront when applying for financing. • The City will lend the money to the association and be repaid by the owners, through their property tax payments. • The City’s risk is minimal compared to a private lender as property taxes are in the first position over any other mortgage encumbrances on the property. The actual delinquency rate for past HIA’s is very low. • The HIA provides affordable payment options for owners that will allow association fees to increase gradually to ensure adequate funds of operation and long term maintenance. Meeting of September 17, 2007 Page 4 Subject: Public Hearing, Wolfe Lake Condominium HIA 6. Fees and Loan Term. The average fee per unit will be $9,754, with an annual cost per unit of $1,065 including interest, payable over 15 years. Owners will be allowed to prepay the full amount without interest until November 23, 2007 at which time the fee information will be provided to the County for certification. Owners opting to make a 15 year repayment will begin payments with the 2008 property tax payments. It is interesting to note that forty percent of the Cedar Trails owners and twenty-five percent of the Sungate One owners opted to prepay the fee amount. Table 2. Loan Terms Project Costs $1,238,000 Capitalized Interest $18,000 Soft Costs $12,000 Total Loan Amount $1,268,000 Term (years) 15 Interest Rate 6.15% Average Annual Debt Service $131,839 Required Coverage (105%) $138,431 Total Units 130 Cost/Unit - Annual $1,065 Cost/Unit - Monthly (Average) $89 Average Assessment - Per/Unit $9,754 Next Steps: • October 1, 2007, second reading of the ordinance; consider adoption of ordinance and resolution. • Staff will continue to work with the Association Board, Kennedy & Graven and Ehlers & Associates to finalize a Development Agreement and Internal Loan Fund Resolution. FINANCIAL OR BUDGET CONSIDERATION: The proposed HIA would result in the City lending Wolfe Lake Condominium Association $1,268,000. The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. Fees will be payable with property taxes beginning in 2008. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. Meeting of September 17, 2007 Page 5 Subject: Public Hearing, Wolfe Lake Condominium HIA The HIA loan actually earns money for the City in that the interest on the loan, 6.15%, is higher than interest that would be realized on the money if the city invested the money in approved city investments. VISION CONSIDERATION: The proposed Wolfe Lake HIA improvements are consistent with Vision St. Louis Park and the Strategic Directions adopted by the City Council: “St. Louis Park is committed to providing a well-maintained and diverse housing stock”. The HIA tool addresses affordably valued, aging owner-occupied townhouse and condominium housing stock. The proposed improvements specifically address the focus of property maintenance to foster quality housing and community aesthetics. The proposed improvements also preserve affordable single-family home ownership by making the improvements affordable using a low interest long-term loan. Attachments: HIA Ordinance HIA Resolution (for reference only; to be adopted on Oct 1) Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 6 Subject: Public Hearing, Wolfe Lake Condominium HIA ORDINANCE NO. ____ AN ORDINANCE ESTABLISHING THE WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT ORDAINED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. The City has determined a need to establish the Wolfe Lake Condominium Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Wolfe Lake Condominium” all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Wolfe Lake Condominium Association (the “Condominium Association”) and with residents in the proposed Wolfe Lake Condominium Housing Improvement Area regarding the establishment of the Wolfe Lake Condominium Housing Improvement Area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the proposed Wolfe Lake Condominium Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on September 17, 2007, conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this ordinance, at which all persons, including owners of property within the proposed Wolfe Lake Condominium Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Wolfe Lake Condominium Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Wolfe Lake Condominium Association. 2.04. The Council further finds that designation of the Wolfe Lake Condominium Housing Improvement Area is needed to maintain and preserve the housing units within such area. 2.05 The City will be the implementing entity for the Wolfe Lake Condominium Housing Improvement Area and the improvement fee. Meeting of September 17, 2007 Page 7 Subject: Public Hearing, Wolfe Lake Condominium HIA 2.06 The Council finds that the Wolfe Lake Condominium Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Wolfe Lake Condominium Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Wolfe Lake Condominium Housing Improvement Area contains 131 housing units as of the date of adoption of this ordinance, along with garage units and common areas. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Wolfe Lake Condominium Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Wolfe Lake Condominium Housing Improvement Area: Mechanical: Replace domestic hot water recirculation piping; replace fire alarm system; replace exit lights; install access control system; and install corridor make-up air system. Exterior: Replace asphalt roofs: 4820 South and East, 4860 North; Replace windows, terrace, first & second floors; replace wood siding; add east parking lot entry vestibule. Site Improvements: Sealcoat asphalt. Interior Improvements: Paint & Wall covering; Decorate apartment entries; carpet halls, lobbies, stairwells; ceramic tile; furniture & artwork; interior signage; interior light fixtures; reface apartment doors; replace common area doors; carpentry; renovate office and guest room; garage floor restoration. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Wolfe Lake Condominium Housing Improvement Area; and (c) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (d) interest on the internal loan as described in Sections 5.04 and 6.01. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within the Wolfe Lake Condominium Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. Meeting of September 17, 2007 Page 8 Subject: Public Hearing, Wolfe Lake Condominium HIA 5.02. The Housing Improvement Fee shall be imposed on the basis of each owned housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Wolfe Lake Condominium, dated as of April 22, 1980. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the period for prepayment of the Housing Improvement Fee has expired as described in Section 5.04 hereof, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan (the “loan”) of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. The City may refinance the loan or any unpaid portion of the loan at any time by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Section 7. Annual Reports. 7.01. On October 1, 2008, and each October 1, thereafter until there are no longer any outstanding obligations issued under the Act in connection with the Wolfe Lake Condominium Housing Improvement Area, Wolfe Lake Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Wolfe Lake Condominium Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area file a written objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Meeting of September 17, 2007 Page 9 Subject: Public Hearing, Wolfe Lake Condominium HIA Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. Read, approved and adopted and ordered published at a regular meeting of the City Council of the City of St. Louis Park on October 1, 2007. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of September 17, 2007 Page 10 Subject: Public Hearing, Wolfe Lake Condominium HIA EXHIBIT A TO ORDINANCE NO. _____ Legal description Common Interest Community No 203. That part of the No rtheast 1/4 of the Northwest 1/4 of Section 7, Township 28, North Range 24 West of the 4th Principal Meridian, described as beginning at the Northwest corner of said Northeast 1/4 of the Northwest 1/4; thence East (assumed bearing for the purposes of this description) along the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 519.12 feet; thence South 00 degrees, 12 minutes, 15 seconds East a distance of 194.07 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 370 feet Northwesterly of the center line of Excelsior Avenue a distance of 386.95 feet; thence North 23 degrees, 49 minutes, 00 seconds West on a line perpendicular to the center line of Excelsior Avenue a distance of 12.00 feet; thence South 66 degrees, 11 minutes, 00 seconds West on a line parallel with and 382 feet Northwesterly of the center line of Excelsior Avenue a distance of 173.33 feet more or less to the West line of said Northeast 1/4 of the Northwest 1/4; thence North 00 degrees, 20 minutes, 15 seconds West along said West line a distance of 409.34 feet to the point of beginning, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota. Meeting of September 17, 2007 Page 11 Subject: Public Hearing, Wolfe Lake Condominium HIA CITY OF ST. LOUIS PARK RESOLUTION NO.________ RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR THE WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. By Ordinance No. ______ adopted on the date hereof (the "Enabling Ordinance"), the Council has established the Wolfe Lake Condominium Housing Improvement Area in order to facilitate certain improvements to property known as the "Wolfe Lake Condominium," all in accordance with the Housing Improvement Area policy. 1.04. In accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Wolfe Lake Condominium Housing Improvement Area. 1.05. The Council has on September 17, 2007 conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this resolution at which all persons, including owners of property within the Wolfe Lake Condominium Housing Improvement Area, were given an opportunity to be heard. 1.06 The Council finds that the Wolfe Lake Condominium Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. 1.07. Prior to the date hereof, Wolfe Lake Condominium Association (the "Condominium Association") has submitted to the City a financial plan prepared by Bach Consulting Group, an independent third party, acceptable to the City and the Condominium Association, that provides for the Condominium Association to finance maintenance and operation of the common elements in the Wolfe Lake Condominium and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Act. Meeting of September 17, 2007 Page 12 Subject: Public Hearing, Wolfe Lake Condominium HIA 1.08. For the purposes of this Resolution, the terms "Wolfe Lake Condominium Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housing Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Wolfe Lake Condominium Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of each housing unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Wolfe Lake Condominium, dated as of April 22, 1980, and as shown under the heading Undivided Ownership in that Exhibit. 2.02. The owner of any housing unit in the Wolfe Lake Condominium Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest thereon between the effective date of this resolution and November 23, 2007. The amount of the prepayment is shown under the headings Total Prepayment Fee in Exhibit A. After November 23, 2007, the Housing Improvement Fee shall be imposed on an annual basis as described in 2.03, and housing unit owners shall be permitted to prepay the outstanding principal portion, with accrued interest at the rate of 6.15%, on any date. If a prepayment is made by November 20 of 2008 or any subsequent year, the amount must include interest on the outstanding principal portion of the fee through the end of that calendar year. If a prepayment is made after November 20 of 2008 or any subsequent year, the amount must include interest through the end of the following calendar year. Partial prepayment of the Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer. 2.03. If the Total Prepayment Fee is not paid between the effective date of this resolution and November 23, 2007, the Housing Improvement Fee shall be imposed as an annual fee, in the amount shown under the heading Annual Fee in Exhibit A. The Housing Improvement Fee shall be imposed in equal installments, beginning in 2008, for a period no greater than 15 years after the first installment is due and payable. The Annual Fee shall be deemed to include interest on the unpaid portion of the total Housing Improvement Fee. Interest shall begin to accrue on January 1, 2008 at an annual interest rate of 6.15% percent per annum. The Annual Fee shall be structured such that estimated collection of the Annual Fee will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Housing Improvement Fee. 2.04. Unless prepaid between the effective date of this resolution and November 23, 2007, the Housing Improvement Fee shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and 428A.05. As set forth therein, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 2.05 A de minimis fee may be imposed by Hennepin County for services in connection to administration required in order for the fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. Meeting of September 17, 2007 Page 13 Subject: Public Hearing, Wolfe Lake Condominium HIA Section 3. Notice of Right to File Objections. 3.01. Within five days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Wolfe Lake Condominium Housing Improvement Area: a summary of this Resolution; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Wolfe Lake Condominium Housing Improvement Area file a written objection with the City Clerk before the effective date of this Resolution; and notice that a copy of this Resolution is on file with the City Clerk for public inspection. Section 4. Effective Date. 4.01. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing of Housing Improvement Fee. 5.01. The City Clerk shall file a certified copy of this resolution together with a final update of Exhibit A hereto to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county for taxes payable in 2008 and thereafter. Approved by the City Council of the City of St. Louis Park this 1st day of October, 2007. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 1 113 A 0.0048245 673.60 1 6,117.47 10,103.97 2 213 A 0.0051309 716.38 2 6,505.98 10,745.67 3 131 B 0.0051615 720.65 3 6,544.78 10,809.75 4 21 A-Terrace 0.0052840 737.75 4 6,700.11 11,066.31 5 133 B 0.0053300 744.18 5 6,758.44 11,162.64 6 231 B 0.0054832 765.57 6 6,952.70 11,483.49 7 121 A 0.0055138 769.84 6,991.50 11,547.58 8 221 A 0.0055138 769.84 6,991.50 11,547.58 9 233 B 0.0056363 786.94 8 7,146.83 11,804.13 10 103 B 0.0057129 797.64 7,243.96 11,964.55 11 105 B 0.0057129 797.64 7,243.96 11,964.55 12 331 B 0.0057129 797.64 7,243.96 11,964.55 13 313 A 0.0057435 801.91 10 7,282.76 12,028.64 14 333 B 0.0058661 819.03 11 7,438.22 12,285.40 15 29 B-1-Terrace 0.0059579 831.84 12 7,554.62 12,477.66 16 136 B 0.0060192 840.40 7,632.35 12,606.04 17 203 B 0.0060192 840.40 7,632.35 12,606.04 18 205 B 0.0060192 840.40 7,632.35 12,606.04 19 222 B-1 0.0060192 840.40 7,632.35 12,606.04 20 224 B 0.0060192 840.40 7,632.35 12,606.04 21 226 B 0.0060192 840.40 7,632.35 12,606.04 22 230 B 0.0060192 840.40 7,632.35 12,606.04 23 321 A 0.0061264 855.37 14 7,768.28 12,830.55 24 101 B-3 0.0061724 861.79 15 7,826.60 12,926.89 25 130 B 0.0062489 872.47 7,923.61 13,087.10 26 322 B-1 0.0062489 872.47 7,923.61 13,087.10 27 324 B 0.0062489 872.47 7,923.61 13,087.10 28 326 B 0.0062489 872.47 7,923.61 13,087.10 29 122 B-1 0.0063255 883.17 17 8,020.73 13,247.52 30 124 B 0.0063255 883.17 8,020.73 13,247.52 31 126 B 0.0063255 883.17 8,020.73 13,247.52 32 236 B 0.0063255 883.17 8,020.73 13,247.52 33 135 B-4 0.0063565 887.50 19 8,060.04 13,312.45 34 201 B-3 0.0064787 904.56 20 8,214.99 13,568.37 35 336 B 0.0065553 915.25 21 8,312.12 13,728.80 36 25 B-2-Terrace 0.0065859 919.53 22 8,350.92 13,792.88 37 210 C 0.0066012 921.66 23 8,370.32 13,824.92 38 128 B+0.0066318 925.93 8,409.12 13,889.01 39 202 B-3 0.0066318 925.93 8,409.12 13,889.01 40 303 B 0.0066318 925.93 8,409.12 13,889.01 41 305 B 0.0066318 925.93 8,409.12 13,889.01 42 330 B 0.0066318 925.93 8,409.12 13,889.01 43 235 B-4 0.0066625 930.22 25 8,448.05 13,953.31 44 137 B+0.0067084 936.63 8,506.25 14,049.43 45 237 B+0.0067084 936.63 8,506.25 14,049.43 46 301 B-3 0.0067084 936.63 8,506.25 14,049.43 47 129 B+0.0067850 947.32 8,603.38 14,209.86 48 229 B+0.0067850 947.32 8,603.38 14,209.86 49 125 B-2 0.0068616 958.02 8,700.51 14,370.28 50 225 B-2 0.0068616 958.02 8,700.51 14,370.28 51 302 B-3 0.0068616 958.02 8,700.51 14,370.28 52 111 D 0.0068922 962.29 8,739.31 14,434.37 53 335 B-4 0.0068922 962.29 8,739.31 14,434.37 WOLFE LAKE CONDOMINIUM HOUSING IMPROVEMENT AREA 16 18 24 13 9 7 26 27 28 29 #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 54 102 B-3 0.0069382 968.71 30 8,797.64 14,530.71 55 228 B-5 0.0070454 983.68 31 8,933.57 14,755.21 56 110 C 0.0070607 985.82 32 8,952.97 14,787.26 57 211 D 0.0071985 1,005.06 33 9,127.70 15,075.85 58 328 B-5 0.0072751 1,015.75 34 9,224.83 15,236.28 59 337 B+0.0073211 1,022.17 35 9,283.16 15,332.61 60 329 B+0.0073977 1,032.87 36 9,380.28 15,493.04 61 19 D-Terrace 0.0074130 1,035.01 9,399.68 15,525.08 62 234 C-1 0.0074130 1,035.01 9,399.68 15,525.08 63 325 B-2 0.0074742 1,043.55 38 9,477.29 15,653.25 64 334 C-1 0.0076427 1,067.08 39 9,690.94 16,006.14 65 119 D 0.0076580 1,069.21 9,710.34 16,038.19 66 219 D 0.0076580 1,069.21 9,710.34 16,038.19 67 106 E 0.0077959 1,088.47 9,885.20 16,326.99 68 108 E 0.0077959 1,088.47 9,885.20 16,326.99 69 311 D 0.0078112 1,090.60 42 9,904.60 16,359.03 70 207 E 0.0079184 1,105.57 10,040.53 16,583.54 71 209 E 0.0079184 1,105.57 10,040.53 16,583.54 72 138 E 0.0079797 1,114.13 44 10,118.26 16,711.92 73 27 E-Terrace 0.0080409 1,122.67 45 10,195.86 16,840.10 74 17 E-Terrace 0.0080869 1,129.10 10,254.19 16,936.43 75 23 E-Terrace 0.0080869 1,129.10 10,254.19 16,936.43 76 39 E-Terrace 0.0080869 1,129.10 10,254.19 16,936.43 77 41 E-Terrace 0.0080869 1,129.10 10,254.19 16,936.43 78 206 E 0.0080869 1,129.10 10,254.19 16,936.43 79 208 E 0.0080869 1,129.10 10,254.19 16,936.43 80 204 E 0.0080870 1,129.11 47 10,254.32 16,936.64 81 319 D 0.0082706 1,154.74 48 10,487.12 17,321.16 82 216 E 0.0082860 1,156.89 10,506.65 17,353.41 83 218 E 0.0082860 1,156.89 10,506.65 17,353.41 84 220 E 0.0082860 1,156.89 10,506.65 17,353.41 85 238 E 0.0082860 1,156.89 10,506.65 17,353.41 86 304 E 0.0083318 1,163.29 50 10,564.72 17,449.33 87 107 E 0.0083779 1,169.73 10,623.18 17,545.88 88 109 E 0.0083779 1,169.73 10,623.18 17,545.88 89 117 E 0.0083779 1,169.73 10,623.18 17,545.88 90 123 E 0.0083779 1,169.73 10,623.18 17,545.88 91 217 E 0.0083779 1,169.73 10,623.18 17,545.88 92 223 E 0.0083779 1,169.73 10,623.18 17,545.88 93 127 E 0.0084698 1,182.56 10,739.71 17,738.34 94 227 E 0.0084698 1,182.56 10,739.71 17,738.34 95 104 E 0.0084851 1,184.69 53 10,759.11 17,770.39 96 120 E 0.0085157 0.00 Association Owned Unit 0.00 0.00 97 316 E 0.0085157 1,188.96 10,797.91 17,834.47 98 318 E 0.0085157 1,188.96 10,797.91 17,834.47 99 320 E 0.0085157 1,188.96 10,797.91 17,834.47 100 307 E 0.0085310 1,191.10 10,817.31 17,866.51 101 309 E 0.0085310 1,191.10 10,817.31 17,866.51 102 116 E 0.0085923 1,199.66 56 10,895.04 17,994.89 103 132 E-2 0.0086229 1,203.93 57 10,933.84 18,058.98 104 118 E 0.0086689 1,210.35 58 10,992.17 18,155.32 105 115 E-3 0.0086995 1,214.63 59 11,030.97 18,219.40 106 306 E 0.0087148 1,216.76 11,050.37 18,251.45 107 308 E 0.0087148 1,216.76 11,050.37 18,251.45 51 52 54 55 60 41 43 46 49 37 40 #Unit No.Unit Type Percentage Interest * Annual Fee Dues Structure # Prepayment Amount Total P & I Paid Per Unit (105%) 108 338 E 0.0088986 1,242.43 61 11,283.43 18,636.38 109 232 E-2 0.0089293 1,246.71 62 11,322.35 18,700.68 110 139 E-1 0.0089905 1,255.26 11,399.96 18,828.85 111 239 E-1 0.0089905 1,255.26 11,399.96 18,828.85 112 317 E 0.0089905 1,255.26 11,399.96 18,828.85 113 323 E 0.0089905 1,255.26 11,399.96 18,828.85 114 215 E-3 0.0090058 1,257.39 64 11,419.36 18,860.89 115 327 E 0.0090824 1,268.09 65 11,516.48 19,021.31 116 212 E-3 0.0091896 1,283.05 66 11,652.41 19,245.82 117 315 E-3 0.0092356 1,289.48 67 11,710.74 19,342.16 118 310 F 0.0093275 1,302.31 68 11,827.27 19,534.63 119 112 E-3 0.0094193 1,315.13 69 11,943.67 19,726.88 120 332 E-2 0.0095419 1,332.24 70 12,099.13 19,983.65 121 339 E-1 0.0096032 1,340.80 71 12,176.86 20,112.03 122 312 E-3 0.0098023 1,368.60 72 12,429.32 20,529.00 123 140 G 0.0100933 1,409.23 73 12,798.31 21,138.45 124 240 G 0.0105527 1,473.37 74 13,380.82 22,100.57 125 141 G 0.0106447 1,486.22 13,497.48 22,293.25 126 241 G 0.0106447 1,486.22 13,497.48 22,293.25 127 114 H 0.0111041 1,550.36 14,080.00 23,255.37 128 214 H 0.0111041 1,550.36 14,080.00 23,255.37 129 340 G 0.0111654 1,558.92 77 14,157.73 23,383.75 130 341 G 0.0112573 1,571.75 78 14,274.26 23,576.22 131 314 H 0.0117168 1,635.90 79 14,856.90 24,538.55 GRAND TOTAL 0.99 138,431 79 1,257,202 2,076,470 76 63 75 * Note: Annual fee amount is calculated based upon unit percentage interest plus the prorated percentage interest amount for the association owned unit Meeting Date: September 17, 2007 Agenda Item #: 6c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Bass Lake Site Right-of-Way and Alley Vacations RECOMMENDED ACTION: Mayor to close the public hearing Motion to adopt the first reading of an ordinance vacating right-of-way and alleys and set the second reading for October 1, 2007 POLICY CONSIDERATION: None BACKGROUND: As part of the Bass Lake redevelopment and proposed construction of Park Nicollet’s Eating Disorders Institute, a number of unused rights-of-way and alleys need to be vacated. The rights- of-way and alleys were laid out in 1911 as part of the plat of “Westmoreland Park.” Though right-of-way was platted for the future construction of roads or alleys, no roads or alleys were ever built on the site. In addition, the configuration of roadways around the site has changed considerably since the time of the original plat. Since that time, Beltline Boulevard and Monterey Avenue South have both been constructed. Each of these roadways better reflects the area’s topography and pattern of development. The proposed redevelopment of the site will include several internal roadways. The Public Works Department has reviewed the proposed redevelopment and determined that none of the existing rights-of-way would serve the site or alleviate potential future traffic conditions in any way. Should new right-of-way be required, it will be provided on the Final Plat for the redevelopment. The proposed vacation of rights-of-way and alleys requires an ordinance, and is being addressed concurrently with the rezoning and land use changes to the Comprehensive Plan. It is anticipated that Planned Unit Development and Plat requests for the site will come forward to the Planning Commission and City Council in October or November of 2007. FINANCIAL OR BUDGET CONSIDERATION: None Meeting of September 17, 2007 Page 2 Subject: Bass Lake Site Right-of-Way and Alley Vacations VISION CONSIDERATION: None Attachments: Ordinance Site Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 3 Subject: Bass Lake Site Right-of-Way and Alley Vacations ORDINANCE NO.___________ AN ORDINANCE VACATING PUBLIC RIGHTS OF WAY AND EASEMENTS 3515 BELTLINE BOULEVARD 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 public rights of way and easements proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on September 6, 2007, and the City Council has conducted a public hearing upon said petition and has determined that the rights of way and easements are not needed for public purposes, and that it is for the best interest of the public that said rights of way and easements be vacated. Section 2. The following described public rights of way and easements, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land lying southeasterly of a line 40.00 feet northerly of, measured at a right angle to, and parallel with the north line of Westmoreland Park, that lies easterly of the southeasterly line of Belt Line Boulevard and westerly of the northerly extension of the easterly line of Block 1, said plat. AND That part of the Right-of-ways originally dedicated in the plat of Westmoreland Park, Hennepin County, Minnesota described as follows: That part of 36 ½ Street which lies easterly of the northeasterly line of Monterey Drive and west of the centerline of Natchez Avenue; AND That part of Ottawa Avenue which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; AND That part of Natchez Avenue which lies northerly of the northeasterly line of Monterey Drive and south of the north line of said plat; Meeting of September 17, 2007 Page 4 Subject: Bass Lake Site Right-of-Way and Alley Vacations AND The alley contained within Block 1 of said plat; AND Those parts of the alleys contained within Block 2 of said plat lying easterly and southerly of the southeasterly line of Belt Line Boulevard; AND That part of the alley contained within Block 7 of said plat lying northerly of the northeasterly line of Monterey Drive reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across 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. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Rights-of-Way to be Vac ated Bass Lake Rec Center Wolfe Park Monterey Ave. S. 36th St. W. Beltline Blvd. Meeting Date: September 17, 2007 Agenda Item #: 6d Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Hoigaard Village Storm Sewer Easement Vacation RECOMMENDED ACTION: Mayor to close the public hearing Motion to adopt the first reading of an ordinance vacating a storm sewer easement and set the second reading for October 1, 2007 POLICY CONSIDERATION: None BACKGROUND: Requested is the vacation of a storm sewer easement at the Hoigaard Village redevelopment site. The storm sewer easement is no longer necessary because of the construction of a regional stormwater pond at the Hoigaard Village site and because new easements have been dedicated over the relocated storm sewer infrastructure. The requested vacation could have taken place during the approval process for the Final Plat of Hoigaard Village 2nd Addition. However, the developer did not apply for the vacation at that time. The storm sewer line that this easement covers has been removed and replaced in a different location to accommodate redevelopment. A map is attached showing the easement proposed for vacation and the existing infrastructure that was recently completed by the developer. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: None Attachments: Ordinance Site Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 2 Subject: Hoigaard Village Storm Sewer Easement Vacation ORDINANCE NO. _____-07 AN ORDINANCE VACATING STORM SEWER EASEMENT 3550 State Highway 100 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the storm sewer easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on September 6, 2007 and the City Council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said storm sewer easement be vacated. Section 2. The following described storm sewer easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: A storm sewer easement to be acquired by the City of St. Louis Park, located in the Northwest Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, which lies within a distance of 7.5 feet on each side of the following described line: Commencing at the intersection of the Westerly Right-of-Way Line of State Trunk Highway No. 100 and the Westerly line of the Northwest Quarter of the Southwest Quarter of Section 6, Township 28, Range 24; thence Northerly along the West line of said Northwest Quarter of the Southwest Quarter of Section 6 a distance of 523.00 feet to the actual point of beginning of the centerline of the storm sewer easement to be described; thence to the right at an angle of 40 degrees, 39 minutes a distance of 180.94 feet; thence to the right at an angle of 30 degrees 52 minutes to its intersection with the Westerly Right-of-Way line of Trunk Highway No. 100, said easement being more particularly described as the free right to enter upon said premises and to construct and install therein a sewer and drain tile for the drainage of waters from the adjacent premises owned by the party of the second part and for the drainage of storm and surface waters, and the free right to enter upon said premises at all reasonable times to inspect, repair and reconstruct said sewer and drain tile, it being understood that after any excavating for said purpose the surface of the premises will be restored to the same condition in which they were at the time the excavation was made as nearly as practicable. Provided, however, that said sewer and drain tile shall be so constructed that at its point of intersection with the Westerly line of State Highway No. 100 the bottom of the tile shall be 12 feet 6 inches below the surface of the berm of the highway right-of-way west of the west line of the pavement, and at the west boundary of the said premises over which this easement is granted the said sewer and drain tile shall be so constructed that the bottom of the tile shall be no more than 3 to 3 ¾ inches higher than the bottom of the tile at the said west line of State Highway No. 100, and provided further that said easement is not intended to prevent the owners of said premises from constructing a building upon said premises over said easement, which shall not interfere with or damage said sewer and drain tile. In the event that such building is to be constructed, the owners of the premises will give party of the second part reasonable notice of such construction accompanied by copy of plans of the proposed building and second party shall thereupon have the right to Meeting of September 17, 2007 Page 3 Subject: Hoigaard Village Storm Sewer Easement Vacation enter the premises prior to construction of such building or concurrently therewith for the purpose of constructing and providing any necessary protection for such sewer and drain tile. It is understood and agreed that if any damage be done to the said premises or any building thereon in connection with the reconstruction, repair, or maintenance of such sewer and drain tile, the second party will repair such damage at its own expense. The grantors herein shall have the right to connect to said sewer for the purpose of draining surface waters from the said premises. 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. Sec.4. This Ordinance shall take effect fifteen days after its publication. First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 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, MN 06.28.2006 Hoigaard Village Masterplan Stage III 22 Multi-Level Row Houses Stage II 58 Units Condominium Building Stage I 74 Units over 25,000 SF Retail Mixed Use Building Stage IV 220 Units Apartment Buildings Meeting Date: September 17, 2007 Agenda Item #: 8a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments RECOMMENDED ACTION: The Planning Commission and Staff recommend approval the following motions: Motion to adopt a resolution approving a Comprehensive Plan Map Amendment and approve publication of a summary resolution Motion to adopt the first reading of an ordinance approving a Zoning Map Amendment and set the second reading for October 1, 2007 POLICY CONSIDERATION: The Comprehensive Plan serves as a policy document for the City and the Zoning Ordinance is a tool that assists in implementing that policy document. The City Council is being asked to consider a change to its land use policy for the property in question (reguiding from High Density Residential to Office) and a corresponding change to the Zoning Ordinance to implement that new policy. BACKGROUND: Requested is the approval of map amendments to the Comprehensive Plan and Zoning designations over 3.5 acres of the 7.3 acre Bass Lake area intended for the Park Nicollet Eating Disorders Institute. The property is owned by the City and is to be sold to Park Nicollet. The amendments will alter the current Comprehensive Plan and Zoning designations on the northern half of the site from high density residential to office. The Eating Disorders Institute would be located on the northern portion of the site. The southern portion of the site would be retained by the City; Comprehensive Plan and Zoning changes are not proposed on the southern portion. Location: The request pertains to the shaded portion of the site, as indicated: Meeting of September 17, 2007 Page 2 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments At the September 4, 2007 EDA and City Council meeting, the EDA and City Council approved a Purchase and Redevelopment Contract for the site. The Purchase and Redevelopment Contract will enable the EDA to convey the northern half of the site to the developer. It will also ensure that soil correction takes place, required site improvements are constructed, and that necessary easements are conveyed. The Planning Commission reviewed the Comprehensive Plan and Zoning Amendment requests at its September 5, 2007 meeting. A public hearing was held; there was no one present to speak to the issue. The Commission recommended approval of both amendments unanimously. Comprehensive Plan Request: The site is designated for high density residential development on the current Comprehensive Plan Map. The site was also included in discussions and some maps for the Park Commons Redevelopment Area. The proposed use of the site as a medical office meets several goals of the Park Commons Redevelopment section, including: • Providing additional employment opportunities: o It is expected that the proposed medical office will create approximately 220 high quality jobs. • Enhancing existing businesses: o Park Nicollet/Methodist Hospital is the City’s largest employer. The new medical office will retain several medical disciplines from the existing clinic and consolidate them, freeing up space at the existing facilities for future growth. • Creating effective public/private partnerships: o This redevelopment enables the construction of a major medical facility while meeting the following goals for the City: Addresses major on-site contamination issues. Increases the structural capacity of the ramp to accommodate future parking ramp expansion if needed for a major civic use. Provides new sidewalks. Provides improved lighting. Removal of unsightly power poles and utility lines. Provides a new internal roadway and parking for tennis court and trail users as well as overflow parking for the adjacent Recreation Center. • Encourage public displays of art: o The West 36th Street/Beltline Boulevard corner of the site is proposed to be a potential site for public art or other community use. As a highly visible corner adjacent to the Recreation Center and W36th Street, the site serves as one terminal of the overall 36th Street Corridor. The Office designation, as explained in the Overall Land Use section of the Comprehensive Plan (page C-3), is intended for concentrated areas of fairly intensive office and mixed use development, with high Floor Area Ratios and building heights. It is the intent of the Comprehensive Plan that land guided for Office uses be zoned “O – Office.” The proposed map amendment is supported by several other sections of the Comprehensive Plan. Goals of the Economic Development chapter is to “facilitate high-quality, stable employment opportunities for residents,” and to “support the expansion of businesses that provide quality jobs.” The proposed amendment to the Comprehensive Plan Map will help accomplish both Meeting of September 17, 2007 Page 3 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments these goals. Park Nicollet is the City’s largest employer and the Eating Disorders Institute is expected to retain and create 220 quality jobs. The map amendment is also supported by the Livable Communities chapter. The goals met in this chapter include “building locations and design which emphasizes a relationship with a walkable public realm, supporting design which emphasizes architecture, art, and pedestrian and trail connections,” and “provide safe, interesting pleasant pedestrian and bicycle trails which connect all neighborhoods to services and amenities, including Park Commons.” Rezoning Request: Requested is a Zoning Map Amendment from RC – High Density and Multi-Family Residential to O – Office. The request fits within the purpose of the Office Zoning District, including: • Establish and maintain high standards of site planning, architecture and landscape design; • Provide space for semipublic facilities and institutions that may be located in office districts appropriately; • Allow functionally related uses to be located in relatively close proximity to one another to provide efficient and optimum use of land; • Provide for the coordination of development plans with plans for transportation, open space, housing, shopping and for the conducting of business and related activities. The location of the proposed Office district is appropriate in regard to the site and adjacent properties. To the north and east, the site is bordered by the Park and Open Space Zoning District. To the west, the site is adjacent to the C-2 General Commercial Zoning District, where the recently constructed Wolfe Lake Professional Center is located. Just west of the Wolfe Lake Professional Center is land zoned I-P, Industrial Park, where the new federal Post Office was constructed on that site in 2004. To the south of the proposed Office Zoning District is land zoned for medium and high-density residential development. Zoning History As noted above, the site was originally platted for residential development in 1911. After the land was declared tax-forfeit and the site was zoned, no clear pattern emerges. The land was zoned as part of the “Open Development District” in 1949. Subsequently, the land was variously zoned R-3 and PUD through the 1960s and 1970s, until, in 1992, the land was rezoned to R-C, High Density Multi-Family Residential District. Office Zoning District The proposed medical office is “Permitted with Conditions” in the Office Zoning District. However, Staff anticipates that Park Nicollet will ultimately apply for a Planned Unit Development (PUD) for the proposed medical office to accommodate a higher standard of site and building design and to more efficiently use the land. The proposed Office designation is appropriate. The rezoning will allow offices and related uses, which are appropriate on this site. Office fits in well with the surrounding development. The current proposal fits within the Office Zoning District. Due to the characteristics and location of the site, the Office Zoning District is the most appropriate district for the site. In particular, having office in this location permits employees to take advantage of the numerous surrounding housing and retail opportunities. Meeting of September 17, 2007 Page 4 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments Attraction of the EDI to St. Louis Park is consistent with the key industries targeted within the city’s Economic Development Strategic Plan. The EDI facility will further enhance St. Louis Park’s reputation as a strategic location for the rapidly growing medical industry. It will also add national and international visibility for St. Louis Park. The EDI is proposed to be a “world class” center for treating eating disorders. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: The proposed medical office to be built on the site’s north side assists in facilitating the goals outlined in Vision SLP and the City Councils adopted Strategic Directions. The 3.8 acre parcel on the south side of the site, to be retained by the City, may play a larger role in the Vision process. While specific plans have not been developed for this portion of the Beltline parcel, many ideas are being discussed including a sculpture garden, water feature, arts and culture center, multi-purpose conference facility, library, or some other combination of these or other similar civic uses as envisioned in the recently-published Book of Dreams report. Attachments: Resolution Resolution Summary Ordinance Location map Comprehensive Plan Amendment Map Zoning Amendment Map Preliminary site plan and elevation Legal description and site for amendments Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 5 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments RESOLUTION NO. 07-_____ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 3515 Beltline Boulevard WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on September 5, 2007, based Meeting of September 17, 2007 Page 6 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 07-42-CP); WHEREAS, the contents of Planning Case File 07-42-CP are hereby entered into and made part of the public hearing record and the record of decision for this case; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation for a portion of 3515 Beltline Boulevard, described as follows: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. from RH – High Density Residential to O - Office. Reviewed for Administration: Adopted by the City Council , 2007 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk Meeting of September 17, 2007 Page 7 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments SUMMARY RESOLUTION NO.________ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 3515 Beltline Boulevard This resolution states that the Comprehensive Plan land use designation on the northern portion of 3515 Beltline Boulevard will be changed from RH – High Density Residential to O – Office. Adopted by the City Council September 17, 2007 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: September 27, 2007 Meeting of September 17, 2007 Page 8 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3515 Beltline Boulevard THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07-43-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Parcel 1: Block 1 and that part of Block 2 lying Southeasterly of the Southeasterly line of Belt Line Boulevard. Also that part of Block 7 lying Northeasterly of the Northeasterly line of Monterey Dr. Westmoreland Park, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota described as follows: A tract of land 40 feet in width lying immediately north of and adjacent to the northerly lines of Blocks 1 and 2, Westmoreland Park and lying easterly of the Southeasterly line of Belt Line Boulevard. from RC – High Density and Multi-Family Residential to O - Office Section 3. The contents of Planning Case File 07-43-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Adopted by the City Council Reviewed for Administration Meeting of September 17, 2007 Page 9 Subject: Park Nicollet Eating Disorders Institute – Comprehensive Plan Map and Zoning Map Amendments City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 5, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Dennis Morris STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: July 11, July 18, and August 1, 2007 Commissioner Robertson made a motion to recommend approval of the July 11, July 18, and August 1, 2007 minutes. Commissioner Person seconded the motion, and the motion passed on a vote of 6-0. 3. Hearings A. Amendments to Zoning Ordinance and Zoning Map amending the Floodplain Overlay Zoning District Location: Floodplain along Minnehaha Creek between Oregon Avenue and Browndale Avenue Applicant: Barr Engineering/Park Nicollet-Methodist Hospital Case Nos. 07-38-Z and 07-39-ZA (Minutes removed) B. Amendment to Comprehensive Plan and Zoning Map Location: 3515 Beltline Boulevard (EDI Bass Lake site) Applicant: City of St. Louis Park Case Nos.: 07-42-CP and 07-43-Z Adam Fulton, Associate Planner, presented the staff report. Commissioner Timian asked if the clean up had already occurred. Mr. Fulton replied some had, but not a substantial amount. Commissioner Timian asked if there would be access to the Bass Lake Park through the site. Mr. Fulton said there would be access to the trail as it currently exists goes around Bass Lake. The proposal would provide an additional access that would go along the boundary of the wetland/lake area that would be more beneficial for trail users. The sidewalk would still be there. Ms. McMonigal believed it was intended to be shared, but this would be a pathway that would not be right on the busy roads. Commissioner Persons asked what the future building on the City’s site would be. Mr. Fulton replied that had not yet been determined. The site would be largely prepared as part of this development, but it was unknown as to what would be constructed. Ms. McMonigal added the intent was to relocate two tennis courts on the site. Commissioner Kramer stated connectivity to the large bike trail and to the Rec. Center was busy and crowded and asked what could be done simultaneously with this to make that better. Ms. McMonigal noted Commissioner Kramer’s comments for the updated sidewalk and trails plan that staff is currently working on. Commissioner Kramer asked if the trail they were talking about around Bass Lake is germane to this discussion and if it could be enhanced. Ms. McMonigal responded that there were no changes to the proposal to George Hawn Trail in this project, with the exception of an additional connection around this site, so users could travel through the site. Mr. Fulton displayed the trails. Commissioner Carper asked if this was the only time action on this development would come before the Planning Commission or would they have other opportunities to address the building and other issues. Mr. Fulton replied that staff anticipated the medical office building and structured parking would need a Planned Unit Development and that the application was expected on September 17th. The discussion at this meeting was only regarding the land use of the site. The Comprehensive Plan designates this site for high density residential and it was requested to be modified to office. The Zoning map currently designates the site for high density/multi-family residential and it was proposed to be modified to office. A more appropriate time to review the site plan would be when the Commission looked at the PUD. Ms. McMonigal added that the architect’s presentation would provide more information on the site plan. Commissioner Carper asked about how the City process worked entering into an agreement with a developer. Was this open for general bids? Greg Hunt, EDA Coordinator, responded in this case Park Nicollet approached the City about the site as location for its proposed Eating Disorders Institute. The City took that under advisement. The City would convey the property to the EDA. The EDA would then convey the property to the developer. The developer would subsequently sell the property to Park Nicollet upon completion. Commissioner Carper asked what if another entity was interested and how the City vends vacant land. Mr. Hunt replied that had there been another inquiry for this property that arose during the time Park Nicollet was considering the property, the City would have taken it under advisement and brought it to the Council’s attention. However, that was not the case. In terms of looking at the highest and best use of the property, staff consulted with a number of developers, had an appraisal done and was confident that the proposed land use was an appropriate one and the highest and best use for this particular property. Duane Spiegle, Park Nicollet, stated they were planning on building a 67,400 square foot Eating Disorders Institute that would serve patients throughout the state and country. He introduced the project architect. Bob Friddle, Ellerbe Becket Project Manager and architect, reviewed the plans for the project and parking structure. Any excavation done for the footings and foundation would be remediated and the site design was done so they would not be exporting material from the site. The path they were talking about now goes along the edge of the site and goes around a pond/storm water area. Another area is being designated for a potential future need for storm water drainage. Commissioner Kramer asked about the new road coming in off of Beltline and the two spaces on either side of the new street off of Monterey. Will they be developed in the future and what would they be if they are not developed? Mr. Hunt replied they would be graded and seeded and would have grass and trees along the boulevards. It is St. Louis Park property, not park. Kevin Locke, Director of Community Development, commented that the property south of the site for the Eating Disorders Institute would be retained by the City for future use. Some of the things that had been talked about were coming out of the Visioning process, such as the possibility of a sculpture park on the southwest corner. They have been working on the idea of an art corridor along West 36th and this was another terminus for West 36th from Wooddale to the Bass Lake site, which had also been discussed. On the southeast corner, there had been discussion about the possibility of building a community facility, which was part of why the parking structure was being built with the capability to add spaces. Commissioner Persons suggested the use of rain gardens. Mr. Friddle commented that there is an area intended to have that kind of appearance and there is currently also a swale in another area. He provided more information on the eating disorder program, facility and landscaping. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson felt it was a nice change in use and a good proposal. Commissioner Robertson made a motion to recommend approval of the amendments to the Comprehensive Plan and Zoning Map. Commissioner Carper stated overall he liked the idea and felt there was good collaboration between the City and Park Nicollet, but was concerned about the parking ramp. The proposal was a traditional linear horizontal parking ramp with continuous presentation to the street. There was no effort to disguise the parking ramp. He wanted to see a more original parking lot façade. Commissioner Robertson indicated the issue before the Commission was Comprehensive Plan and rezoning and parking ramps should be part of the next conversation. Commissioner Carper understood that, but the architect and developer should be aware of the concerns and he was giving notice ahead of time. Commissioner Timian seconded the motion, and the motion passed on a vote of 6-0. 36 1/2 ST WBELT LINE BLVD36TH ST W M O N T E R E Y D R LYNN AVE S36TH ST W Eating Disorders Institute - Comp Plan and Rezoning3515 Beltline Boulevard $ September 5, 2007 3X Zoning Classification R1 - Single Family Residential R2 - Single Family Residential R3 - Two Family Residential R4 - Multi-Familiy Residential RC - Multi-Family Residential POS - Parks and Open Space MX - Mixed-Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial 240 Feet POS RCC2 IP POS R4 Existing and Proposed Comprehensive Plan Designations 36 1/2 36TH BELT LINEMO N T E R E Y 36TH Prepared by the St. Louis Park Community Development Department Existing: Proposed: 36TH 36 1/2BELT LINEMO N T E R E Y 36TH ² Legend Commercial Industrial Office Park and Open Space High Density Residential Medium Density Residential Existing and Proposed Zoning Designations 36 1/2 36TH BELT LINEMO N T E R E Y 36TH Prepared by the St. Louis Park Community Development Department Existing: Proposed: 36TH 36 1/2BELT LINEMO N T E R E Y 36TH ² Legend POS - Parks & Open Space R1 - Single Family Residential R2 - Single Family Residential R3 - Two-Family Residential R4 - Multiple-Family Residential RC - High-Density Multiple-Family Residential MX - Mixed Use C1 - Neighborhood Commercial C2 - General Commercial O - Office IP - Industrial Park IG - General Industrial Meeting Date: September 13, 2007 Agenda Item #: 8b Public Hearing Action Item Consent Item Resolution Ordinance Regular Meeting Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map RECOMMENDED ACTION: a. Motion to approve the first reading of an ordinance amending the Floodplain District boundary on the Official Zoning Map b. Motion to approve the first reading of an ordinance amending the Zoning Code text related to Floodplain District POLICY CONSIDERATION: This action relates to the following two policy areas for the City. a. Maintaining consistency with the Federal Emergency Management Agency’s assessment of flood risk and floodplain boundaries based on new data and the modeling. b. Preventing property damage and increased flood hazards through continued regulation of land use, building standards, and site design of properties within the 100-year floodplain. REQUEST: Proposed are zoning map and text changes to amend the Floodplain District boundary for a portion of St. Louis Park. The amendments implement map revisions by the Federal Emergency Management Agency (FEMA), which will result in a reduction in the 1% annual chance floodplain elevations (a.k.a. 100-year floodplain), for Minnehaha Creek between Oregon Avenue in St. Louis Park and Browndale Avenue in Edina. BACKGROUND: FEMA initiated a process several years ago to convert existing Flood Insurance Rate Maps (FIRM) to digital maps, rather than paper maps. Current maps are legible, but only show section lines and roads, so it is often difficult to conclude whether individual properties and structures are within the floodplain. Much of the information is old, including the topography data used to map the floodplain boundary. Another problem with current maps is that many of the floodplain boundaries do not match current estimates of flooding. The floodplain boundaries were originally defined using 10-foot contour maps and many of the streams had approximate boundaries that were rough estimates and not based on any detailed analysis. Therefore, the maps are not very accurate for decision- making purposes. In 2004, FEMA converted the maps for Hennepin County to preliminary digital maps without incorporating any new data. Municipalities, Watershed Districts and the Minnesota Department of Natural Resources have been working since to incorporate new data such as hydrology (runoff estimation), hydraulics (runoff routing) and topography for several water bodies, including Minnehaha Creek. FEMA is likely to approve the new data and maps for all of Hennepin County within the next year (2008). Meeting of September 17, 2007 Page 2 Subject: First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Park Nicollet is planning a major expansion at Methodist Hospital that is impacted by the floodplain elevations along Minnehaha Creek. Preliminary information from FEMA indicated a reduction in flood level that benefited the design of the proposed addition. Therefore, in order to expedite FEMA’s review process, Park Nicollet elected to request a Letter of Map Revision (LOMR). The LOMR would revise FIRM 27053C0361 E, panel number 0361 for Hennepin County, MN along Minnehaha Creek (Figure 1). ZONING CODE ANALYSIS: In order to implement the map revisions, the City must amend its zoning map and zoning code text. The zoning map includes a floodplain overlay zoning district. The proposed revisions will change the boundary of the overlay district. In addition, the floodplain district regulations in the zoning code reference the effective date of the FIRM panels that cover St. Louis Park. Therefore, the zoning text must be amended to reference the most recently approved map. Figure 1. Meeting of September 17, 2007 Page 3 Subject: First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Zoning Map There are approximately 161 properties in the subject FIRM panel that are currently in the floodplain. Approximately 100 of those properties will be outside the floodplain district boundary (see Figure 2) with the changes. Public Process The City of St. Louis Park hosted a public meeting to discuss the changes on August 22, 2007. Six property owners attended the meeting. The owners of all 161 properties that are within the affected map panel and in floodplain were notified by mail. Staff emailed the meeting notice to three neighborhood presidents in the area and posted it on the City website. Staff from the City, Minnehaha Creek Watershed District, Minnesota Department of Natural Resources, Park Nicollet and Barr Engineering Company presented information and answered questions. Zoning Text Staff proposes to amend the zoning text as highlighted below. Strikethrough text indicates deletions and underline text indicates additions. Sec. 36-292. Application of division provisions. …(b) The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0331E, 27053C0332E, 27053C0334E, 27053C0342E, 27053C0351E, 27053C0352E, 27053C0353E, 27053C0354E, 27053C0361E and 27053C0362E for the City of St. Louis Park, dated September 2, 2004, as amended and developed by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the Zoning Administrator. This approach eliminates specific dates from being referenced in the zoning ordinance text. Instead, the City will always use the most recently approved FEMA FIRM panel. It will also eliminate the need to change the zoning text when amendments occur, but Zoning Map amendment may still be necessary. Meeting of September 17, 2007 Page 4 Subject: First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map Figure 2. Meeting of September 17, 2007 Page 5 Subject: First Reading of Ordinances amending the Floodplain District Zoning Code text and Zoning Map PROCESS: Public hearing notice published in the Sun Sailor on August 3, 9, and 16, 2007. The City hosted an informational meeting on August 22, 2007. The City notified owners of properties within the affected FIRM panel that are currently in the floodplain district. The Planning Commission held a public hearing on September 5, 2007. No one spoke at the public hearing. The Planning Commission recommended approval of the ordinance amendments. Please review the attached meeting minutes for more information. FEMA approval is necessary prior to the second reading of the ordinance. The earliest the City Council could adopt the ordinance is October 1, 2007. The ordinance could be effective as early as October 26, 2007. FINANCIAL OR BUDGET CONSIDERATION: The ordinances do not impact City finances or budget. There will be potential cost savings for property owners whose properties are no longer within the 100-year floodplain. This will remove the requirement for flood insurance on those properties that have federally backed mortgages. These property owners will still have the option to purchase flood insurance and possibly for lower premiums. The City owns facilities (i.e. Municipal Service Center) in the affected area and may benefit similarly to private landowners from the floodplain amendment. VISION CONSIDERATION: N/A Attachments: Draft Planning Commission Meeting Minutes from September 5, 2007 Draft Ordinances and Ordinance Summaries for Publication Proposed Zoning Map Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager -EXCERPT- UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 5, 2007--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Dennis Morris STAFF PRESENT: Meg McMonigal, Adam Fulton, Nancy Sells 1. Call to Order – Roll Call 2. Minutes: July 11, July 18, and August 1, 2007 Commissioner Robertson made a motion to recommend approval of the July 11, July 18, and August 1, 2007 minutes. Commissioner Person seconded the motion, and the motion passed on a vote of 6-0. 3. Hearings A. Amendments to Zoning Ordinance and Zoning Map amending the Floodplain Overlay Zoning District Location: Floodplain along Minnehaha Creek between Oregon Avenue and Browndale Avenue Applicant: Barr Engineering/Park Nicollet-Methodist Hospital Case Nos. 07-38-Z and 07-39-ZA Ms. McMonigal introduced the staff report. Scott Sobiech, Barr Engineering, presented background about the Federal Emergency Management Agency (FEMA) and the process of the study. Ms. McMonigal stated the recommended motion and introduced Mike Wyatt from the Minnehaha Creek Watershed District, Bob Reisselman and Duane Spiegle with Park Nicollet. She noted in the next year there will be a complete map change for the whole city, which would come before the Planning Commission. Commissioner Kramer noted the elevation going from 894 down to 890, was that clear information that put it at 890 or had things lowered themselves over the last number of years and has the flood plain been too big? Mr. Sobiech replied the information was very clear. The original flood plain was based on very conservative information. The flows that were estimated were done using regression equations, an equation developed for this region of the state. Since that time, the Watershed District had developed more detailed modeling. There are cross sections every 500 feet and is much better topographic information. There is much more information about the operation of the Gray’s Bay dam and more historic information about flood levels on Lake Minnetonka. It all worked together to enhance the modeling to come up with the new flood levels. Commissioner Carper asked about the culverts and passageways that the stream passes under. In the 1980’s the Logan Street bridge acted as a dam because the water couldn’t pass underneath rapidly enough and it was backed up into the neighborhood. Had that been accounted for here or what kind of situation exists with the passageway of the creek underneath roadways and are there plans to change that to allow the water to pass easier through that area and not back up and flood? Mr. Sobiech replied all of the crossings from the Gray’s Bay dam in Minnetonka to the Mississippi River have been incorporated into this modeling. He was not aware of plans in Minneapolis. Commissioner Carper indicated that he was more concerned about the passage of the creek and believed it appeared to pass under Excelsior Boulevard and also passes under Louisiana Avenue in that area. He was concerned about the under roadway passages and culverts that exist in terms of larger volumes of water coming through. Mr. Sobiech responded he was absolutely right to be concerned with those. Most crossings will act as a restriction point because if there is a large flood plain, as that volume of water goes through, it has to squeeze down to pass through the crossing. The existing culvert under Excelsior Blvd was what was modeled and does convey the 100- year flood without flooding Excelsior Blvd. Commissioner Timian asked if there was a plan to re-meander the creek in that area. Mr. Reisselman, Director of Engineering for Park Nicollet, replied they had been working with the Minnehaha Creek Watershed District on a funding agreement and easements and working with the City as well and would like to do that. The agreement was 99.9% done, but was not officially signed. It would be a good fit with their Cancer Center. The Engineers they hired were careful to design it to make sure they did not affect any flood plain changes or restrictions in the creek. Hennepin County was replacing the bridge at Excelsior and was being careful not to change the hydrology. Methodist Hospital and Park Nicollet weren’t changing the rules. They went to a FEMA public hearing in 2006 and saw some of the flood plains being lowered and thought that would fit their project. The hospital has 200,000 square feet at 891.5. They were proposing to add 20,000 square foot of the Cancer Center to that. Methodist Hospital will be protected better when they are done than it is today. Commissioner Person asked how much the 100-year flood plain was being reduced in percentage terms and could they assume that most of the other property owners were in favor of the change? Ms. McMonigal replied a public meeting was held in August and all affected property owners were notified. About 161 residents were invited and about six property owners attended. Mr. Sobiech indicated the elevation change went from elevation 894 down to elevation 890. It was probably being reduced by 30% near hospital, but it varied based on topography and how steep the channel banks or flood plain were. Mr. Reisselman commented in the original FEMA public hearing in 2006, they were proposing lowering it to 888.6. With their involvement in the Letter of Map Reduction (LOMR) and working with City staff to take a few more conservative assumptions and correct some errors in the original model, they actually raised it 1.3 feet. Commissioner Person asked about the cost of flood insurance. Ms. McMonigal replied she was unsure about the cost of the insurance, but it allows Methodist Hospital to add on at a lower level and they could build differently based on that. The advantage for them was having the existing and new floor levels match each other. Mr. Reisselman added the building addition is on the same level as the hospital, rather than putting the addition on stilts. From an insurance standpoint, by being out of the flood plain, they could buy insurance less expensively and were also not capped. Insurance in the flood plain is very expensive and they were limited on how much they could get. He believed there were going to continue to buy flood insurance. Commissioner Carper stated he thought he had heard that currently the flood plain was 894, the hospital was at 891.5 and the proposed new flood plain was at 890, so they would be 1 ½ feet above the flood plain with the revision, but 2 ½ feet below the flood plain now? Mr. Reisselman replied that was correct. Commissioner Carper asked if they had ever had flooding. Mr. Reisselman replied the hospital had been there about 50 years and in the records they never had. They had researched that quite a bit and the City was concerned that there wasn’t flooding there. Chair Johnston-Madison opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson made a motion to recommend approval of the Comprehensive Plan Map and Zoning Map Amendments, subject to conditions recommended by staff. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-0. ORDINANCE NO. _____-07 AN ORDINANCE AMENDING SECTION 36-292, SUBSECTION B, OF THE ST. LOUIS PARK ZONING CODE RELATING TO FLOODPLAIN DISTRICTS CHANGING THE REFERENCE TO EFFECTIVE FLOOD INSURANCE RATE PANELS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07-38-Z and 07-39-ZA). Sec. 2. The St. Louis Park Ordinance Code, Chapter 36, Article IV, Section 36-292, Subsection (b) is hereby amended by deleting striken language and adding underlined language as shown below: (b) The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0331E, 27053C0332E, 27053C0334E, 27053C0342E, 27053C0351E, 27053C0352E, 27053C0353E, 27053C0354E, 27053C0361E and 27053C0362E for the City of St. Louis Park, dated September 2, 2004, as amended and developed by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the Zoning Administrator. Sec. 3. The contents of Planning Case File Case No. 07-38-Z and 07-39-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney First Reading Second Reading Date of Publication Date Ordinance takes effect SUMMARY ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE CODE FLOODPLAIN DISTRICTS This ordinance amends the Zoning Ordinance Code to reference the most current Flood Insurance Rate Maps as amended, instead of referencing a specific date. This ordinance shall take effect 15 days after publication. Adopted by the City Council __________, 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: _____________, 2007 ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS FLOODPLAIN DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 07-38-Z and 07-39-ZA). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries as shown on the attached map. Section 3. The contents of Planning Case Files 07-38-Z and 07-39-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. This ordinance shall take effect fifteen days after its publication. First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney SUMMARY ORDINANCE NO. _____-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE CODE FLOODPLAIN DISTRICTS This ordinance amends the Floodplain District boundary on the Official Zoning Map. The Official Zoning Map is available for review at City Hall. This ordinance shall take effect 15 days after publication. Adopted by the City Council __________, 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: _____________, 2007 ! "# $ %$ $ %&&’ ’$ ( $ ’ $ ) & ! *’’ ’& ’)’ ’$ ’+’’ !, +-.//////////// .&0123445 678 0&& 3&& !! 90:&’9 93:&’9 91*:&’9 9;:&’9 9$(’:&’9 ! <! = = == Meeting Date: September 17, 2007 Agenda Item #: 8c Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West RECOMMENDED ACTION: Motion to adopt the first reading of an ordinance renaming 35 ½ Street West to 35th Street West and set the second reading for October 1, 2007 POLICY CONSIDERATION: None BACKGROUND: 35 ½ Street West runs between Yosemite Avenue South and Webster Avenue South. The east section of this roadway will run through the Hoigaard Village development site. The request to rename the street from 35 ½ Street West to 35th Street West will alleviate confusion in this location, as the street lies to the north of 36th Street West but to the south only of the SW LRT Trail corridor. There is no 35th Street West in this part of the City. This section of street was originally called ‘St. Louis Avenue,’ but was changed to 35 ½ Street West in April of 1959. It is unknown why this street was ever named using a ½ Street. At the current time, there are only two properties with addresses on 35 ½ Street West. In the future, there will be 11. Nine of the properties will be constructed as part of the Hoigaard Village development. Staff contacted the other two property owners in regard to the street name change. Each property owner believed the modification to eliminate the ½ street was beneficial and noted that they would update their stationary and business cards when they next placed an order. The Police and Fire Departments have been notified of the change and have no comments. The U.S. Post Office will be notified of the change once it is effective. FINANCIAL OR BUDGET CONSIDERATION: The sign changes adjacent to the Hoigaard Village site will be the responsibility of the developer. There is one additional sign change at the intersection of the affected street and Yosemite Avenue South. This sign will be replaced as soon as possible by our traffic maintenance personnel as part of the City’s typical sign replacement plan. City maps and associated publications will be modified as they are created. Because of the minor nature of the name change, it is not anticipated that major map changes are necessary in the short-term. Meeting of September 17, 2007 Page 2 Subject: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West. VISION CONSIDERATION: None Attachments: Ordinance Street Map Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 17, 2007 Page 3 Subject: Hoigaard Village – Renaming 35 ½ Street West to be known as 35th Street West. ORDINANCE NO. _____-07 AN ORDINANCE RENAMING 35 ½ STREET TO 35th STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. 35th STREET That the street heretofore designated 35 ½ Street lying between Webster Avenue South and Yosemite Avenue South is hereby changed and renamed 35th Street. Section 2. Effective Date This Ordinance shall take effect fifteen days after its publication. First Reading September 17, 2007 Second Reading October 1, 2007 Date of Publication October 11, 2007 Date Ordinance takes effect October 26, 2007 Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Proposed 35th St. W. Hoigaard Village 36th St. W. Hwy 100 Hwy 7 SW LRT Trail Burlington Coat Factory