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HomeMy WebLinkAbout2006/03/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 20, 2006 7:30 PM 7:20 p.m. EDA Meeting 7:30 p.m. City Council Meeting 1. Call to Order 1a. Pledge of Allegiance 2b. Roll Call 2. Presentations 3. Approval of Minutes 3a. City Council Minutes of February 6, 2006 3b. City Council Minutes of February 21, 2006 3c. Study Session Minutes of March 6, 2006 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed 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 6. Public Hearings 6a. Public Hearing to Consider an Intoxicating On-sale and Sunday Sale Liquor License for Byerly’s, Inc, DBA Byerly’s-St. Louis Park. Request of Council to approve a liquor license for Byerly’s, Inc. operating at 3777 Park Center Boulevard in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an intoxicating on-sale and Sunday sale liquor license for Byerly’s, Inc., DBA Byerly’s St. Louis Park, 3777 Park Center Boulevard. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Fire Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the Firefighters and Fire Lieutenants Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and International Association of Fire Fighters (IAFF) Local #993, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. 8b. Conditional Use Permit for excavation and fill of more than 400 cubic yards for the construction of a single family home. Location: 2821 Nevada Avenue South Applicant: Sergey Vladyka Case No.: 05-74-CUP Recommended Action: Motion to adopt a resolution approving a conditional use permit, subject to conditions found in the resolution. 8c. City Engineer’s Report: Lake Street Reconstruction Project – City Project No. 2006-0100 This report considers the Lake Street Reconstruction Project scheduled for the 2006 construction season. As part of this project, reconstruction and rehabilitation work will also occur on Wooddale and Dakota Avenue between 33rd Street and Highway 7. Consideration of parking restrictions at certain locations along Lake Street is also requested. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2006-0100, approving plans and specifications, and authorizing advertisement for bids. Motion to adopt the attached resolution authorizing the installation of parking restrictions at certain locations along Lake Street as part of the Lake Street Reconstruction Project, City Project No. 2006- 0100, and as required by the Minnesota Department of Transportation’s (Mn/DOT’s) State Aid Standards. 8d. Municipal Consent Request for Mn/DOT Trunk Highway 100 Temporary Lane Addition Project: State Project 2734-43 This report considers approval of the Minnesota Department of Transportation (Mn/DOT) request for Municipal Consent for this project. Recommended Action: Motion to approve the attached resolution approving the final design layout of the TH100 temporary improvement project. 9. Communications 10. 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 March 20, 2006 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 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 second reading of the proposed Zoning Ordinance Amendments related to residential setbacks– Sections 36-73, 36-115a, 36-162, 36-163, 36-164, 36- 165, 36-73, and 36-361 relating to residential setbacks, detached garages, accessory buildings, and to allow studios in the Industrial Park (IP) zoning district; approve summary and authorize publication. 4b. Motion to adopt a resolution authorizing the execution of the Amended City of St. Louis Park Cafeteria Plan Master Plan Document. 4c. Motion to adopt the attached Resolution to approve St. Louis Park Lions Club’s application for the placement of temporary signs in the public right-of-way. 4d. Motion to accept Resolution for Final Payment to Lametti & Sons Inc. for work on Lamplighter Pond Problem Area No. 4. City Proj. 2000-1800A Contract No 99-04. 4e. Motion to adopt a resolution calling for a public hearing by the City Council on the proposed creation of the Highway 7 Corporate Center Tax Increment Financing District (a Redevelopment District) and a Hazardous Substance Subdistrict within Redevelopment Project No. 1 (relates to former National Lead/Golden Auto site). 4f. Motion to accept Planning Commission Minutes of February 15, 2006 for filing. 4g. Motion to accept Housing Authority Minutes of February 8, 2006 for filing. 4h. Motion to accept Human Rights Minutes of January 17, 2006 for filing. 4i. Motion to accept Park And Recreation Minutes of January 18, 2006 for filing. 4j. Motion to accept Vendor Claims for filing. (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***March 20, 2006*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 6, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Loran Paprocki and Susan Sanger Councilmember Paul Omodt was absent. Staff present: Associate Planner (Mr. Fulton), City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Director of Inspections (Mr. Hoffman), Director of Parks & Rec. (Ms. Walsh), Housing Program Coordinator (Ms. Larsen), Planning/Zoning Supervisor (Ms. McMonigal), and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - None 3. Approval of Minutes 3a. City Council Minutes of December 19, 2005 Councilmember Finkelstein indicated on page twelve, second paragraph (regarding PPL), replace “negotiation process” with “replace agreement.” The minutes were approved as corrected. 3b. Study Session Minutes of January 9, 2006 The minutes were approved as submitted. 3c. City Council Minutes of January 17, 2006 Councilmember Sanger indicated on page 12, the motion was passed on a 4-1 vote, but six people were present. Councilmember Basill believed Councilmember Omodt might have stepped out of the room when the vote was taken. Councilmember Sanger asked the minutes reflect that. The minutes were approved as corrected. 3d. Study Session Minutes of January 23, 2006 Councilmember Finkelstein noted under Item 4, paragraph five, end of first sentence, add “but with no commitment at this point in time as to when they would start the public process on the sidewalk. They needed to see what other projects were first in line.” Councilmember Sanger stated under Item 3, first paragraph, to clarify the pedestrian crossing “at Ottawa Avenue.” The minutes were approved as corrected. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 2 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. Authorize staff to execute an Agreement with Unplugged Cities related to partnership to deliver Broadband Access and Public Safety and Service Applications over a Meshed Wireless Network in an amount not to exceed $26,000. 4b. Item was removed. 4c. Adopt Agreement between the Friends of the Arts and the City of St. Louis Park. 4d. Approve Resolution No. 06-017 establishing a special assessment for the installation of a fire suppression sprinkler system at 4300 36½ Street, St. Louis Park, MN 55416, rescinding Resolution No. 04-143 adopted December 6, 2004. 4e. Approve Resolution No. 06-018 establishing a special assessment for the installation of a fire suppression sprinkler system at 4003 Wooddale Avenue, St. Louis Park, MN. 4f. Approve Resolution No. 06-024 for year 2006 Liquor License Renewals for license year to run March 1, 2006 through February 28, 2007. 4g. Adopt Resolution No. 06-025 approving a minor amendment to a Planned Unit Development (Tower Place PUD) for exterior changes at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery). Case No. 05-75-CUP. 4h. Approve Resolution No. 06-026 to designate Marcia Honold as the Deputy City Clerk in the absence of the City Clerk. 4i. Approve a Resolution No. 06-021 supporting the City of St. Louis Park’s application to the Minnesota Housing and Finance Agency (MHFA) for assistance in funding the citywide inspection “home rehab program”. 4j. Adopt Resolution No.’s 06-028 through 06-037 Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. 4k. Approve Resolution No. 06-038 for Final Payment to Cool Air Mechanical for replacement of HVAC. City Project No. 2005-1600 Contract No. 112-05 4l. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution of a contract for the 2006 Arbotect 20-S Elm injection program at a cost of $12.15 per diameter inch. 4m. Accept Board of Zoning Appeals Minutes of September 22, 2005 for filing. 4n. Accept Board of Zoning Appeals Minutes of October 27, 2005 for filing. 4o. Accept Board of Zoning Appeals Minutes of January 5, 2006 for filing. 4p. Accept Human Rights Commission Minutes of November 16, 2005 for filing. 4q. Accept Human Rights Commission Minutes of December 21, 2005 for filing. 4r. Accept Planning Commission Minutes of December 21, 2005 for filing. 4s. Accept Planning Commission Minutes of January 4, 2006 for filing. 4t. Accept vendor claims for filing (supplement). It was moved by Councilmember Finkelstein, seconded by Councilmember Carver, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 3 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions Mayor Jacobs thanked those who served on the boards and commissions. It was moved by Councilmember Finkelstein, seconded by Councilmember Carver to appoint the following citizen representatives: Commission Appointed Member Term Expires Planning Commission Richard Person December 31, 2006 CEAC - Community Education Advisory Council Joe Tatalovich June 30, 2008 PRAC – Parks and Recreation Advisory Commission George Hagemann December 31, 2007 Nick Magrino – youth member December 31, 2007 PAC – Police Advisory Commission Richard Markgraf December 31, 2006 HRC – Human Rights Commission Mindy Greene December 31, 2006 The motion passed 6-0. Councilmember Finkelstein noted they had additional openings and were doing more interviews. Mayor Jacobs added there were additional opening on the Human Rights. If interested, contact the City Clerk’s Office. 6. Public Hearings 6a. Public Hearing to consider an appeal of the Board of Zoning Appeals denial (2- 2 vote) of a variance from the Zoning Ordinance to allow an addition. Mr. Morrison presented the staff report. Mayor Jacobs opened the public hearing. John White, applicant, stated a goal of the Council is to promote a balanced and sustainable housing stock to meet diverse needs including remodels which add more bedrooms, more bathrooms, 2+ garages, which they were trying to do. Their lot width is 80’, five feet under the minimum lot size. If they deducted the setbacks and the width of the house, it left a balance of 1.7’. There were concerns the long wall would look like a fortress. It would not be visible to people driving by or looking from the south. They would put in shrubbery to break up the wall. They needed to maximize the value of their property and make it more comfortable. They had a hardship because they had spent a great deal of time and money to get to this point. If they wanted to sell the property, they need have a good resale value, St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 4 which required good design. A design suggested by the Board of Zoning Appeals to conform to the zoning ordinance was not practical. He submitted letters from the neighbors on the north, east, west, and a neighbor down the street in favor of granting the variance. Perry Bolan, architect, indicated a new construction one block east of this property has homes near $1 million, so it made sense to put value into this addition with a straightforward, simple design that makes sure the master bedroom is very livable. If they were forced to put in a jog, the room was not nearly as nice. Offsetting the suite would put some or part of it up against their picture window, which would only be 1.7 feet from the wall. It adds value to the community. The narrowness of this lot was a hardship. They will be making an investment, and if they followed the zoning ordinance to the letter, they would not see as good of a return and get a lot less for the property when they sell it. They were proposing landscaping along the north wall with conifer trees that would break up the wall. He asked that the variance be granted. Councilmember Carver asked the height of the roofline? Mr. Bolan replied nine feet to the eave which would continue to the addition. Councilmember Carver asked the maximum allowable height for a fence in the backyard? Mr. Morrison replied six feet. Mayor Jacobs closed the public hearing. Councilmember Sanger commented under normal circumstances she did not like to overturn the work of the Board of Zoning Appeals (BOZA) and she supported the rationale behind the zoning ordinance. However, she didn’t think that rule made sense for this particular property. There are hardships associated with the arrangement on the property that support granting a variance. The property was too narrow compared to what the zoning code required. It is on a corner and as a result the house is set further back from 26th Street, off- center and relatively close to the property to the north. If this variance is granted, another hardship would be avoided. She was invited to the home and the picture window view would be partially blocked if the solution that the Planning Commission came up with was implemented. If the Board of Zoning Appeals solution were required, the bedroom would be a zigzag shape, which would be unworkable. The only person who would ever see the long wall were the people in the home directly to the north, who support the variance application. The suggestion of softening the appearance with landscaping or fencing would take care of it. You cannot see the wall from any other direction. It was moved by Councilmember Sanger, seconded by Councilmember Carver to direct staff to draft a resolution approving a variance to section 36-163(f)(8) of the Zoning Ordinance to allow an addition to the house with a 7 foot 2 inch side yard instead of the required 9 feet 10 inches at 2537 Inglewood Ave S, with a condition prohibiting a second story on the home. Mayor Jacobs asked the City Attorney if they could draft a variance prohibiting construction of a second story? Mr. Scott replied yes. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 5 Councilmember Finkelstein asked if that was acceptable to the applicants? Mr. White replied yes. Councilmember Finkelstein stated he viewed the property and agreed with Councilmember Sanger. This is a unique request, they have a small lot on a corner and if they were to get any enjoyment of their property and follow the housing goals, this was the one way to do it. Councilmember Paprocki added this was a very deep lot and there would be plenty of yard left. He commended them for a well-done addition. Councilmember Carver agreed with previous comments. He noted that the Zoning Appeals Board had a 2-2 vote and clearly they had some questions. It was ironic there was no problem adding a garage addition, but a problem adding to the living space. Mayor Jacobs agreed with the fact that there was a lot of thought at the Board of Zoning Appeals. They do a lot of work and he typically didn’t like to overturn their work either. As he went through the seven factors necessary to grant a variance, there were clearly grounds to grant a variance on a number of those. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Hoigaard Village - Final Planned Unit Development (PUD) and Final Plat Resolution No 06-019 and 06-020 Mr. Fulton presented the staff report. Noah Bly, Urban Works Architecture discussed the project site plan and presented a 3D design model. Frank Dunbar, Union Land II, reiterated that Hoigaard’s is in business and will stay in business through construction. The closing is scheduled for February 28th. He hoped the redevelopment contract would come together this week. If that happens, they would buy all three parcels on February 28th and start immediately going through the review process to begin demolition, which would take 60-90 days and open a marketing office in March. When they meet their presale requirements, they hope to start Phase I in June 2006 and complete in June 2007. They would start the second building around the first of September and complete it twelve months later. Hoigaard’s is working with them to determine the time for them to be acquired. They are a member of the partnership. They will start the Hoigaard’s project when they make a determination about relocating. They would be back before the Council for Phase II plans. Councilmember Basill asked for an update on Hoigaard’s. He had been receiving phone calls asking why the city was initiating this. The city did not initiate this, Hoigaard’s decided to sell. What are their plans? Mr. Dunbar replied they had indicated they would St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 6 probably go elsewhere and were looking at a number of sites, but had not shared those. It was a very slight possibility they would stay on 36th Street. Councilmember Basill wanted the community to know that Hoigaard’s was choosing to sell and most likely wouldn’t be on 36th Street. They could not force a business to stay here and residents should know that the city was not controlling this. Councilmember Finkelstein stated either the deal made sense or it didn’t and they were not approving or making any changes regarding tax increment financing in regards to whether Hoigaard’s stayed or not. They would not be doing this deal as a business subsidy. Mr. Dunbar stated they had a number of options, that did not mean they would leave the community. They were working with them on the best time frame to acquire the site. Councilmember Finkelstein asked clarification that Hoigaard’s was now a partner in the real estate project? Mr. Dunbar replied that was true. Councilmember Finkelstein asked if that would affect the City’s ability to issue tax increment financing. Mr. Scott didn’t believe it would. Councilmember Basill asked when the TIF discussion would come forward? Mr. Locke replied staff was working on that and it would be before the EDA and the Council on February 21st. Mr. Dunbar indicated that element was critical to him for closing on February 28th. Mr. Harmening clarified the business points were brought to the Council a few weeks ago with the amount of tax increment, the interest rate and the length of time. They were being incorporated into the development contract that would be coming before Council. Councilmember Sanger asked what guaranteed all four buildings would be done by the deadline. Ms. McMonigal replied the planned unit development is for the entire development. They were looking at re-platting the first two buildings because those are the buildings they were purchasing, demolishing and reconstructing at this time. There are some financial guarantees that would be required as part of a planning/development contract which included giving a financial guarantee for the pond. Councilmember Sanger asked by what date would they reasonably expect that the whole project would be completed? Mr. Dunbar responded under the terms of the TIF, the outside date everything has to be done is December 2009. The draft development agreement says everything has to be done by December 2008. Councilmember Basill stated this is the first building on 36th Street and it needs to look good for the community because it is an entrance to the neighborhoods. Had they done market studies on this type of building (retro/industrial) and the attractiveness to buyers? Mr. Dunbar replied a market research group analyzed the exterior/interior and diversification of the project. They made changes to the exterior to provide more detail. Councilmember Basill asked the unit prices? Mr. Dunbar replied the most cost effective units would be $192,900 and the corner units on the top would be $415,000, which had been sold. The majority will be in the mid $300,000 range. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 7 Councilmember Basill asked about the setback from 36th Street and expressed concern about the walk-ability as people come over the bridge. Mr. Dunbar replied they had tried to address that concern. Councilmember Basill commented about the two buildings on the corner which were not involved with this project. It would have been better if those buildings were part of the project, although he realized they couldn’t be. He commended the developer for coming in with the right density and seeing what fit for the community. This is below what they could put on this property. They had found a nice balance. David Stall, Urban Works, displayed other similar projects in the neighborhood (Excelsior and Grand and Village in the Park) and compared the setbacks. They have 22’ from the curb edge, which did not include a parking aisle. Above the retail it steps back for the residential. Councilmember Basil felt the additional space would make it pedestrian friendly. Ms. McMonigal stated because they were working on the redevelopment contract, some conditions of approval may be modified. The redevelopment contract will be before Council on February 21st, and they would clarify the conditions in the contract. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-019 approving the Final Planned Unit Development, subject to conditions as recommended by Staff. The motion passed 6-0. It was moved by Councilmember Basill, seconded by Councilmember Paprocki, to adopt Resolution No. 06-020 approving the Final Plat for Lots 1 and 2, Block 1, Hoigaard Village 1st Addition, subject to conditions as recommended by Staff. The motion passed 6-0. 8b. Comprehensive Plan Amendments for three Excess Land Parcels Resolution No. 06-021, 06-022 and 06-023 Mr. Fulton presented the staff report. Councilmember Paprocki asked if the Edgebrook site was used occasionally by residents as parking and access to the park. By changing the zoning, he wanted to be sure they still had an opportunity to reserve space for parking and/or access to the park? Ms. Larsen replied yes. It was moved by Councilmember Paprocki, seconded by Councilmember Sanger, to adopt Resolution No. 06-021 amending the Comprehensive Plan for 7701 Edgebrook Drive from P - Park to RL - Low Density Residential and approve publication of the summary resolution; to adopt Resolution No. 06-022 amending the Comprehensive Plan for a portion of 9019 Cedar Lake Road from P - Parks and Open Space to RL - Low Density Residential St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 8 as shown on the attached map and approve publication of the summary resolution; and, to adopt Resolution No. 06-023 amending the Comprehensive Plan for 2715 Monterey Avenue South from P - Park to RL - Low Density Residential and approve publication of the summary resolution. The motion passed 6-0. 8c. Agreement Between the City of St. Louis Park and Torah Academy Relating to Joint Use of Facilities. Ms. Walsh presented the details of the agreement and noted Torah Academy requested it be a two-year agreement. Rabbi Ginsburg, Dean at Torah Academy, stated a paper agreement was only as good as the people who signed it. He understood the need for the formality, but appreciated and valued the relationship that they have had and looked forward to continuing it. It was moved by Councilmember Sanger, to adopt approve the agreement between the City of St. Louis Park and Torah Academy for joint use of facilities, with amendments as follows: Section 7, clarify this is a two-year agreement commencing on January 1, 2006 and ending December 31, 2007; Section 3, add “non- exclusive” in the second sentence after “The Academy will have the”; at the end of the same paragraph insert “and the city will determine when repairs or replacement of the equipment is necessary” after “…safety regulations.”. Councilmember Paprocki asked about the non-exclusive use? Councilmember Sanger replied during the school day Torah Academy and its children would have the use of the playground, but that should not preclude others in the neighborhood who may also want to use the playground equipment at the same time. Councilmember Paprocki asked if that was amenable to the Academy? They replied yes. The motion was seconded by Councilmember Finkelstein. Councilmember Sanger asked if this would impact the city’s agreement to maintain or replace the park building. Ms. Walsh replied what would be in the city’s best interest would be to wait until Torah Academy got further along in their Visioning process. The city’s intent is to change that building, either reconstruct it in its present form or create a picnic shelter usable to the neighborhood. They would also like to do field improvements at that time. Torah Academy is undertaking a Visioning process and they want to work with that. Christie Ulman, Board of Directors at Torah Academy, suggested they clarify in Sections 2 and 3, the last sentence where it says, “The parties…” to be “Both parties”. Councilmember Sanger and Councilmember Finkelstein agreed on the friendly amendment to Sections 2 and 3, last sentence to change, “The parties…” to “Both parties”. The motion passed 6-0. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 9 8d. First Reading: Proposed Ordinance Amending Chapter 12, Section II, Private Residential Pools Mr. Hoffman presented the staff report. Mayor Jacobs asked if this would apply to existing pools? Mr. Hoffman replied, only for new pool installations. Mayor Jacobs asked if there was a concern about building up too much heat? Mr. Hoffman replied the pump house would have to be large enough to allow heat to escape and be ventilated. Councilmember Basill believed manufacturers of pumps have specifications for enclosures. They would need to get a permit and it would be inspected to make sure they were following the specifications. Mr. Hoffman replied that was correct. This code requirement would not set the specifics and not tell people how to build it. They would say to put it inside of a detached accessory structure (i.e. garage) or in a pump enclosure. Councilmember Sanger spoke in favor of the motion. This has been an issue for some people, particularly as some of the pump motors age, they don’t work as quietly as they were designed and it becomes an issue for neighbors. It was moved by Councilmember Sanger to approve First Reading of the amendment to the Environmental Code - Private Residential Pools section of the Ordinance Code and to set 2nd reading for February 21, 2006. Councilmember Carver asked if this would apply if someone were replacing a pump? Mr. Hoffman replied no, only with a new pool installation. Councilmember Carver seconded the motion. Councilmember Paprocki clarified someone getting a new pump would not need an enclosure, but if they were getting a new pool, they would? Mr. Hoffman replied yes. The trigger is the permit, which is required for the installation of a swimming pool or replacing a pool and would need to meet performance criteria. Councilmember Paprocki asked that could encourage someone not to replace their pool and just replace their pump to avoid enclosing it. Sheds need to have a pad to avoid wildlife inhabiting underneath. Does this require a pad? Mr. Hoffman replied it would be the owners choice, it was not required. Councilmember Paprocki asked what a noise attenuating structure was? Mr. Hoffman replied something designed to reduce the sound being transmitted from the equipment to the outside. It could be any type of wood structure and it would need to meet the code requirements. Councilmember Paprocki was unsure why they were doing this. Mayor Jacobs agreed, he understood a concern was raised by a resident, but he did not see a big enough problem to do something. He was unsure he could support this. St. Louis Park Council Meeting Item: 032006 - 3a - City Council Minutes Feb. 6, 2006 Page 10 Councilmember Sanger believed this was a growing problem because a growing number of people were installing pools. Sometimes they were on smaller lots and closer to neighbors. While a motor may be designed to be quiet, that doesn’t mean it actually was quiet. Because they run non-stop, it can be an irritant to neighbors. Mayor Jacobs was unsure pumps were louder than air conditioners. He hadn’t heard any complaints on this issue and didn’t believe it was a big enough issue to pass an ordinance. Councilmember Basill agreed with the issue about rodents and thought it would be a burden to put in a cement pad. He was concerned about the heat, how they would be built and if it would be a fire hazard. He understood a resident had a concern, but he didn’t know if there was a problem. Councilmember Finkelstein believed this was discussed in 2005 and they thought the “cure might be worse than the disease” with people putting up structures, although he was sympathetic to the resident with concerns. Mayor Jacobs noted this ordinance wouldn’t solve that problem. The motion failed 1-5 with Councilmember’s Basill, Carver, Finkelstein, Paprocki and Mayor Jacobs opposed. 9. Communications Mayor Jacobs reported on the Visioning process and indicated a Visioning Summit would be held Sunday, February 12th at the High School Field House from 1-4 p.m. The Remodeling Fair will be February 26th at the Eisenhower Community Center in Hopkins from 10:30 a.m. - 3:30 p.m. The Youth Summit will be held on March 30th at the St. Louis Park Junior High. More information will follow. 10. Adjournment The meeting adjourned at 9:07 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 21, 2006 1. Call to Order Mayor Pro-tem Sanger called the meeting to order at 7:46 pm. Council members present: John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Mayor Jeff Jacobs and Councilmember C. Paul Carver were absent. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Housing Program Coordinator (Ms. Larsen), Human Resources Director (Ms. Gohman), Planning/Zoning Supervisor (Ms. McMonigal), and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations - None 3. Approval of Minutes - None 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. Designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 Boulevard Tree and Stump Removal Program in an amount not to exceed $118,286.00. 4b. Designate B.J. Haines Tree Service as the lowest responsible bidder and authorize execution of a contract for the 2006 private diseased tree removal program in an amount not to exceed $166,635.50. 4c. Approve transfer of $280,000 from the Permanent Improvement Revolving (PIR) Fund to the Wireless Enterprise Fund. 4d. Approve Resolution No’s. 06-039 and 06-040 authorizing Gambling Premises Permit for Community Charities of Minnesota operating at: Park Tavern Lanes & Lounge, 3401 Louisiana Ave. and TexaTonka Lanes, 8200 Minnetonka Boulevard. 4e. Approve Resolution No. 06-047 for a variance to allow an addition for the property located at 2537 Inglewood Ave. S., John White applicant Case No. 05- 68-VAR. 4f. Authorize the execution of the REBA (Retirement Enhancement and Benefit Alternatives Program) Joint Powers Agreement. 4g. Accept Resolution No. 06-048 for Final Payment to Ron Kassa Construction, Inc. for Random Curb and Gutter. City Project No. 2005-0004 Contract No. 121-05. St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 2 4h. Accept Resolution No. 06-049 for Final Payment to Valley Paving, Inc. for 2005 MSA Street Rehabilitation Project. City Project No. 2004-1100 Contract No. 77-05. 4i. Adopt Resolution No. 06-050 requesting the Minnesota Department of Transportation to grant a variance from Municipal State Aid Standards - Quentin Avenue from Excelsior Boulevard to Wooddale Avenue. Project 2006-1100. 4j. Approve Resolution No. 06-051 supporting the Nurturing Our Retired Citizens (NORC) grant application to the Minnesota Department of Human Services. 4k. Accept Park and Recreation Advisory Commission Minutes of November 16, 2005 for filing. 4l. Accept Fire Civil Service Commission Minutes of August 3, 2005 for filing. 4m. Accept Housing Authority Minutes of January 11, 2006 for filing. 4n. Accept Planning Commission Minutes of January 18, 2006 for filing. 4o. Accept Telecommunication Minutes of December 8, 2005 for filing. 4p. Accept vendor claims for filing. (supplement). It was moved by Councilmember Finkelstein, seconded by Councilmember Basill, to approve the Agenda. The motion passed 5-0. Mr. Harmening noted a point of clarification on Consent Calendar Item 4j to amend the resolution to state that the city’s contribution of $1,000 to NORC be used for the program’s newsletter. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to approve the items listed on the Consent Calendar with the friendly amendment to Item 4j amending the resolution to include that the city’s contribution of $1,000 to NORC be used for the program’s newsletter. The motion passed 5-0. 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to defer discussion to the next study session. The motion passed 5-0. 6. Public Hearings 6a. Public Hearing to Consider Allocation of 2006 Community Development Block Grant Funds (CDBG) and Proposed Reallocation of $57,500 of 2004 CDBG Funds. Resolution No. 06-052 St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 3 Mr. Harmening stated staff had a different recommendation than was in the Council’s agenda packet. Questions had been raised about some of the reallocation proposals. Staff suggested the public hearing be opened on both items, that they continue the public hearing relating solely to the 2004 CDBG fund reallocation on March 6th , and discuss this at the February 27th Study Session. Staff recommended Council approve the resolution approving the proposed use of the 2006 CDBG funds as outlined in the staff report. Ms. Larsen presented the staff report. Mayor Pro-tem Sanger opened the public hearing. Bill O’Mare, Community Action Partnership of Suburban Hennepin, indicated they administer the emergency repair program and thanked the Council for giving them that opportunity and appreciated the support. Mayor Pro-tem Sanger closed the public hearing. Councilmember Omodt asked staff to review the 2006 funding and if the $80,000 set aside for multi-family rehab is going to Louisiana Courts? Ms. Larsen replied yes. On December 19th, the Council passed a resolution directing staff to prepare documents to provide up to $400,000 for a deferred loan to the Louisiana Court Partnership. In order to come up with the $400,000, $80,000 could come from the 2006 allocation. Councilmember Omodt asked if the same type of requirements they put on PPL to report back to Council applied to this as well? Ms. Larsen replied yes. It would be a loan, not a grant to PPL. Councilmember Omodt asked if they could use CDBG funds as a loan? Ms. Larsen relied yes. They could use it as a grant or a deferred loan. It was moved by Councilmember Finkelstein, seconded by Councilmember Paprocki, to adopt Resolution No.06-052 approving proposed use of funds for 2006 Urban Hennepin County Community Development Block Grant funds. Councilmember Omodt commented he was opposing this not for the outline, but because of his continued wariness of PPL’s performance ability, as he had expressed before, and it was consistent with his past votes. He wanted PPL to know that they were watching them. Councilmember Basill stated he had concerns as well and thought PPL could remember when they were here. They were using some of the money from this Block Grant to put into the project. Councilmember Omodt’s statement is well taken and they need to make sure that PPL continues to hear the expectations of how they will run the facility and how they are accountable for the money they are getting. Councilmember Paprocki agreed. He hoped they used good stewardship with the money they were being granted. St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 4 Councilmember Finkelstein indicated at the meeting of December 19th, he made a number of additional conditions on the use of those monies, including that the city must agree with the selection of the contractor and which PPL agreed to. Will PPL be following the same criteria and conditions for the use of these monies also? Ms. Larsen replied yes. The motion passed 4-1, with Councilmember Omodt opposed. Mayor Pro-tem Mayor Sanger opened the public hearing on the 2004 reallocation. No speakers were present. Councilmember Omodt stated this drew a red flag for him because Wayside seemed to be a late entry into the funding and they had talked about this going into the neighborhoods. When he looked at Wayside’s intent to spend this money, it wasn’t something he believed would benefit the community. He questioned the use of $18,000 for carpet replacement and for parking lot repair for $7,500. It seemed like they could find a better use of this money. It was not to say anything against Wayside House, but in terms of what STEP does and multi-family rehabs for the community, they were looking at a service agency located in the city and what they could do with $25,000, and that wasn’t what they had talked about. He wanted further discussion for that reason. Wayside House has indicated they might not be in their present location long term and they were looking for other sites. He begged the question why they would spend a lot of money on a building that might be abandoned and/or torn down, especially because the carpeting was cosmetic. It seemed to warrant additional discussion. It was moved by Councilmember Omodt, seconded by Councilmember Basill to continue the public hearing on reallocation of 2004 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements, to the March 6, 2006 City Council meeting. Mr. Harmening clarified this was a late entry to the reallocation conversation. It had been something they had been discussing with Wayside for a number of months. The information they needed from Wayside House was received very late and he apologized for a change to the recommendation. Wayside had been discussing the concept of finding a new location. Part of that comes from the city’s long-term plans for that area, and potential redevelopment of the Wayside property. That property is guided civic mixed-use and Wayside is grandfathered in. Although Wayside may be moving in the next couple of years, they still have day-to-day operational needs including the fact that the State Department of Health had directed them to replace their carpet and the water heater is in very poor condition. They were comfortable talking with Council about this at the study session. The motion passed 5-0. St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 5 6b. Public Hearing - Modification of the Elmwood Village Tax Increment Finance District Plan to include the Hoigaard Village Project. Resolution No. 06-041 Mr. Hunt presented the staff report. Hennepin County submitted a letter reviewing the proposed project and the TIF district satisfied the Hennepin County Board of Commissioners’ preference to use tax increment financing as identified in their resolution. A revised resolution with regard to the adoption of the proposed TIF plan was distributed. Mayor Pro-tem Sanger opened the public hearing. No speakers were present. The public hearing was closed. Councilmember Basill asked to see the memo from Hennepin County. Mr. Hunt stated the memo indicated Hennepin County was taking note of the fact that they hadn’t specifically indicated exactly what type of units would be included within this project in the TIF plan. They are all market rate. Councilmember Basill wanted to make sure it was consistent with what was delivered to the neighborhood at the neighborhood meetings. It was moved by Councilmember Basill, seconded by Councilmember Omodt to approve the Resolution No. 06-041 adopting the Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plan for the Elmwood Village Tax Increment Financing District. The motion passed 5-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Granite City Food and Brewery, Major Amendment to a Planned Unit Development (Tower Place PUD) Case No. 05-75-PUD Resolution No. 06-042 Ms. McMonigal presented the staff report. Tim Kerry, Granite City Food and Brewery, stated they specialized in hand-made food and hand-crafted beer. They had been based out of St. Louis Park for nine years and they own and operate 13 restaurants. Councilmember Basill stated he had been at the restaurant in Eagan and believed this would be a welcome addition. Are they tied to Timberlodge or had they bought it? Mr. Kerry replied they were separate and they would be purchasing from Timberlodge. Mayor Pro-tem Sanger indicated it looked like they weren’t doing most of the brewing of the beer here and it would be done off-site. Why weren’t they? Mr. Kerry replied they don’t technically make the beer on-site, however they finish the product. They have a brewery in Iowa where they produce wort, which is shipped to their locations. This provides a consistent water source. St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 6 It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-042 approving a major amendment for changes to the building footprint at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery), subject to conditions in the resolution. Councilmember Finkelstein asked with the expansion of the brewery on the east side, how much room would that leave for cars to get through to the movie theater? Ms. McMonigal replied there would not be any change to the drive aisles. There was room on the site to expand it. The motion passed 5-0. 8b. Police Officer Union Contract: January 1, 2006 - December 31, 2006 Resolution No. 06-043 Ms. Gohman presented the staff report. Councilmember Omodt asked why this was a one year contract and the other were two years? Ms. Gohman replied Sergeants are two years and police officers asked for a one year contracts. It was moved by Councilmember Omodt, seconded by Councilmember Finkelstein, to adopt Resolution No. 06-043 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #206, establishing terms and conditions of employment for one year, from 1/1/06 - 12/31/06. The motion passed 5-0. 8c. International Union of Operating Engineers (IUOE) Local 49 Union Contract: January 1, 2006 - December 31, 2007 Resolution No. 06-044 Ms. Gohman presented the staff report. Councilmember Omodt asked if the 49ers were recommending this for approval to their members? Ms. Gohman replied yes. Councilmember Basill commented tool insurance is very common and he was glad they were doing it. He knew of a situation where mechanics tools were stolen and mechanics spend a lot of money on their own tools, which are very expensive. They are easy to sell at pawnshops. He hoped there were security measure in place so that didn’t happen, but this is very common in the industry and was important. Mayor Pro-tem Sanger complimented Ms. Gohman on what had been done with the pay classifications, which made it easier to administer the contract. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 06-044 approving a Labor Agreement between the City and the International Union of Operating Engineers (IUOE) Local #49, establishing terms and conditions of employment for two years, from 1/1/06 - 12/31/07. The motion passed 5-0. St. Louis Park Council Meeting Item: 032006 - 3b - City Council Minutes Feb. 21, 2006 Page 7 8d. Public Safety Dispatcher Union Contract: January 1, 2006 - December 31, 2007 Resolution No. 06-045 Ms. Gohman presented the staff report. Councilmember Paprocki understood they also serviced Golden Valley, would any of the cost be passed onto them? Ms. Gohman replied there is a contract that passes the costs, in the range of 30-35%. Councilmember Basill assumed when they signed the contract with Golden Valley, what they do as this Council is binding on Golden Valley and that they do not have to approve this contract? Ms. Gohman replied correct, there is a separate document in place. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No.06-045 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) Local #220,Public Safety Dispatchers, establishing terms and conditions of employment for two years, from 1/1/06 - 12/31/07. The motion passed 5-0. Mr. Harmening recognized Ms. Gohman for her work on the contract negotiations as well as the unions and employees. It was a positive working environment because of this. He hoped they would bring the fire contract forward soon. 9. Communications Mr. Harmening indicated the Home Remodeling Fair would be Sunday at the Eisenhower Community Center. Councilmember Finkelstein stated the Park Spanish Emersion had an Imagination Fair and there were many remarkable projects. With kids like this, St. Louis Park was in great shape. 10. Adjournment The meeting adjourned at 8:31 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 032006 - 3c - Study Session Minutes March 6, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION March 6, 2006 The meeting convened at 6:30 p.m. Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening); Public Works Director (Mr. Rardin); City Engineer (Mr. Brink); Engineering Project Engineer (Mr. Olson); and Recording Secretary (Ms. Samson). 1. Trunk Highway 100 Temporary Lane Additional Project – State Project 2734-43 The purpose of this study session is to update Council on the status of the Highway 100 Temporary Lane Additional project. Mayor Jacobs asked what was new since Council and staff first discussed this project in January? Public Works Director Mike Rardin said nothing is new but he would like to make the Council aware that as the construction progresses, there will be closures that will cause long detours, and there will be cut-through and overflow traffic. Mayor Jacobs said the city can have clear signage to let people know where to go and to keep them on the main arterial route to prevent speeding on tiny, narrow streets. Councilmember Sanger asked if the city could set up a one-stop-shop for people to register complaints. Mr. Rardin said a complaint process could be set up on the city’s website. Councilmember Finkelstein asked if signage could be put up to warn motorists that lanes narrow at bridges. Mr. Rardin said staff will make that suggestion to Mn/DOT. Councilmember Carver said the city must be aware of liability issues but he thinks there should not be legal liability for the city due to the Highway 100 temporary project. Councilmember Carver is not happy with the width of the lanes or with the temporary project as opposed to the full project, however, it is the best that the city can do right now. Councilmember Sanger said a decision must be made to approve, deny or not vote at all. She said she will not vote in favor of the project partly because she is concerned it will be delayed or abandoned by Mn/DOT, and felt it may provide some leverage for renegotiation. Councilmember Basill said the 35W and Crosstown (Highway 62) closure is coming. To vote “no” and Mn/DOT does nothing, it will cause this city to be gridlocked. Councilmember Basill said although a temporary improvement project is not the best solution; it is getting the project started. He added that Highway 100 will not get done before 35W and Crosstown. Councilmember Finkelstein said to vote to approve the project is the least bad alternative. He said he would like to see a permanent solution now but that won’t happen. The project must be started. Mayor Jacobs agreed that this is the least bad alternative. St. Louis Park Council Meeting Item: 032006 - 3c - Study Session Minutes March 6, 2006 Page 2 Councilmember Carver said since Highway 100 is designated as an official detour route for when 62 and 35W are under construction, he considered that it might give the city more negotiating power if the Council were to vote not to do anything. However, the city and Mn/DOT are not equal partners and do not have equal bargaining abilities on this particular issue. Councilmember Carver said it is better to do some of this now than to do nothing. For the official vote, he will state that he is relying upon the representations that have been made, and that the full build project is expected to be front loaded. It is expected to be one of the most important ones on the list, and is expected to be started as soon as possible. Councilmember Finkelstein suggested that language be put in the resolution. Councilmember Paprocki said it would not be worth it to wait. Mr. Rardin said an official right-of-way map could be ready in early 2007, and then the City could begin the right-of-way acquisition process if funds remain available from the Metropolitan Council. Councilmember Sanger would like to know how to handle several blocks of homes during the interim. Mr. Rardin discussed the Highway 100 detours. Mayor Jacobs said advertise the detours. Councilmember Omodt emphasized follow through with St. Louis Park residents. Councilmember Sanger asked about notice to St. Louis Park residents. In response to Mr. Rardin, she said one or two blocks east and west of Highway 100 is not enough. The consensus of the Council is to approve the final layout of the trunk Highway 100 temporary lane addition. This item will appear on the City Council agenda for March 20th, 2006. The meeting ended at 7:07 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 1 4a. Motion to adopt second reading of the proposed Zoning Ordinance Amendments related to residential setbacks– Sections 36-73, 36-115a, 36-162, 36-163, 36-164, 36-165, 36-73, and 36-361 relating to residential setbacks, detached garages, accessory buildings, and to allow studios in the Industrial Park (IP) zoning district; approve summary and authorize publication. Description of Request: An outcome of the Housing Summit process included the idea of encouraging the expansion of existing single family homes. Over the past several months, the Planning Commission and City Council have met to discuss zoning ordinance changes that will clarify, simplify and provide more ease to citizens in remodeling and expanding homes. The Planning Commission recommended approval of the amendments on January 18, 2006. The City Council approved first reading of the current proposed ordinance changes on March 6, 2006. Description of Proposed Zoning Ordinance Amendments: Attached are several changes related to improving the ordinance. The changes address setbacks, detached garages, accessory buildings, and allowing studios as an allowed use in the Industrial Park (IP) zoning district. In working through the Ordinance, the Staff is also proposing changes to amend and clarify language in several places. The following changes relate to single family homes: 1. Amending residential setback requirements – Sections 36-73, 36-163, 36-164, 36-165. 2. Changes to placement of accessory structures – 36-162. The following changes are additional changes the Staff recommends: 3. Deleting Table 115a, which is a summary of land uses by zoning district Sec. 36-115A. 4. Adding “studio” as a use in the IP district – Sec. 36-361. Recommended Action: Motion to adopt the Second Reading of the proposed Zoning Ordinance Amendments, approve summary and authorize publication. Prepared By: Meg McMonigal, Planning and Zoning Supervisor Planning Staff Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 2 DRAFT ORDINANCE NO. 2312-06 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-73, 36-115A, 36-162, 36-163, 36-164, 36-165, 36-361 Residential Setbacks, Detached Garages, Accessory Buildings, Studios in Industrial Park (IP) Zoning District 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. 05-69-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-73, 36-115A, 36-162, 36-163, 36-164, 36-165 and 36-361, is hereby amended by deleting striken language and adding underscored language. Section breaks are represented by ***. Sec. 36-73. Yard Encroachments. (b) Principal building - any yard. The following shall not be encroachments on yard requirements for principal buildings provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (6) Front entryways not exceeding a depth of 5 feet toward the front lot line and not exceeding a total of 40 square feet in area. Sec. 36-115A. TABLE 115A [DELETE ENTIRE TABLE] Sec. 36-162. Restrictions and performance standards. (7d) Accessory structures. Accessory structures shall comply with the following regulations: (1)a. Location-- 1a. Accessory buildings shall be erected or located within the back yard as defined in subsection (b) above, except that an detached accessory building, designed and used as a garage and meeting the provisions of subsections 2 and 3 below, may be located within a side yard unless it abuts a street. No accessory building shall be located in the front yard as defined in subsection (b) above. 2b. A detached garage Accessory buildings located 60 feet or more from the front lot line within the back yard shall meet the following locational provisions: St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 3 i1. Garages where the building dimensions do not exceed 15 feet in height and/or 26 feet in length or width Accessory buildings shall be located a minimum of two feet from any lot lines. ii. Garages where the building dimensions exceed 15 feet in height and/or 26 feet in length or width shall be located the following minimum distances from any lot lines: District Min. Interior Side Yard Min. Rear Yard Min. to Alley R-1 9 feet 25 feet 2 feet R-2 7 feet 25 feet 2 feet R-3 9 feet 25 feet 2 feet iii. Garages on alleys shall be located and designed to maintain adequate visibility and vehicle turning movements. iv2. Eaves, overhangs, gutters or other extensions from the roof of the structure shall be located a minimum of 16 inches from any property line abutting a right-of- way and two feet from all other property lines. 3c. Accessory buildings on through lots shall be subject to the front and side yard requirements of the principal building if the accessory building is located within 60 feet of the rear lot line. No accessory building, including a detached garage, shall be located within a side or rear yard abutting a street. 4. No accessory building other than a detached garage meeting the requirements of subsection 2 above shall be located within three feet of any lot line. 5d. All accessory buildings and structures shall be located to comply with the principal building yard requirements Detached garages when located in the side yard must conform to the side yard requirements of the principal building unless exempt by this section or section 36-73. 6e. No accessory building or permanent structure shall be located in a drainage or utility easement without first obtaining approval of an encroachment agreement. b(2). Size-- 1a. Accessory buildings on single-family lots in the R-1, R-2 and R-3 Districts and on non-conforming two-family lots: i. The total cumulative ground floor area of all accessory buildings on single-family lots and on non-conforming two-family lots in the R-1, R-2 and R-3 Districts (detached garages, storage sheds and other accessory buildings) shall not exceed the smaller of 800 square feet or 25 percent of the back yard area between the principal structure and rear lot line. This provision shall not prohibit the construction of a detached garage that is no greater than 576 square feet in area provided there are no other accessory buildings. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 4 ii. The total cumulative ground floor area of all accessory buildings shall not exceed 800 square feet, unless approved as a conditional use. 2b. Accessory buildings on conforming two-family lots in the R-3 or R-4 District: i1. The total cumulative ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line. ii2. No single accessory building may exceed 800 square feet in total area and the cumulative area of all accessory buildings shall not exceed 1,200 square feet unless approved as a conditional use. 3c. The total cumulative ground floor area of all accessory buildings shall be smaller than the ground floor area of the principal building on the lot. c(3). Height-- 1a. Detached garages Accessory buildings - Shall not exceed 15 feet or 22 feet in height. The maximum height may be increased to twenty four feet where the primary exterior materials of the accessory building match the primary exterior materials of the principal building and the roof pitch matches the primary roof pitch of the principal building, and provided the wall height shall not exceed 9 feet from the floor to the top plate. as measured in accordance with section 36-4 depending upon the location as specified in section 36-162(c)7.a above. 2b. Parking ramps--Height is regulated by sections 36-166 and 36-167. 3c. Other aAccessory buildings and structures shall not exceed 15 feet in height as measured in accordance with section 36-4 unless exempt by section 36-78. 4d. The height of all accessory buildings and structures shall be lower than the highest roof line point of the principal building unless exempt by section 36-78. d(4). Design-- 1a. All detached garages and other accessory buildings shall be compatible in design and materials to the principal building on the parcel. 2. All detached garages and other accessory buildings shall have a minimum 3/12 pitch on any roof section, unless approved as a conditional use. 3b. No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building. Hose bibs and utility sinks are allowed. 4c. Floor drains in garages and other accessory buildings must be connected to sanitary sewer as approved by the city. 5d. No part of any Wwindows, doors, skylight or and similar openings shall may be located in the second story of an accessory building if the wall or dormer in which it is located faces a lot line that abuts a public right-of-way or is at least 15 feet from St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 5 any property that is zoned residential and used or subdivided for residential use. detached garage unless approved as a conditional use. 6e. Accessory buildings shall not be used for dwelling purposes. Second stories of detached garages may only be used for storage, unless another use is approved as a conditional use. e(5). Accessory buildings as part of the principal buildings--Accessory buildings located less than six feet from a principal building on the same lot shall be considered part of the principal building for the purpose of applying provisions of this chapter. f(6). Garages below grade level--Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. g(7). Permit required--All accessory buildings (including storage buildings 120 square feet or less in area) shall obtain a zoning or building permit prior to installation and must be anchored in a manner approved by the city. (8)(e) Parking and storing vehicles. (81) Except as provided in subsections (c)(9) and (c)(15) (e)(2) and (e)(8) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R district which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Six thousand five hundred pounds, empty weight including the box. (92) One recreational vehicle which exceeds any of the limits set forth in subsection (c)(8) (e)(2) of this section and is owned by the occupant of the premises can be parked in the back yard area if: a. The vehicle is parked no closer than five feet from any property line. b. If the property is a multifamily property, the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 6 1. Any park. 2. Any abutting residentially developed property. 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76. A six-foot-high gate may be placed in the fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet. (103) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the R-1, R-2 and R-3 districts: a. No more than three vehicles can be parked or stored outside an enclosed building at a single-family residence. For a duplex, six vehicles can be parked or stored outside. If there are more than three persons residing at a single-family dwelling who have valid state driver's licenses showing the residence address, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. b. No more than two non-passenger vehicles can be parked on a residential lot outside of an enclosed building. Except as permitted in subsection (c)(9) (e)(2) of this section, vehicles shall be stored on a designated parking space. Non-passenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (c)(10)g. (e)(3)g of this section. c. Only commercial vehicles which do not exceed any of the size requirements under subsection (c)(8) (e)(1) of this section and are designed exclusively for on-street use can be parked on residential lots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (c)(10)g.(e)(3)g of this section. d. Except as permitted in subsection (c)(9) (e)(2) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface. e. No more than one recreational vehicle which exceeds the size requirements in subsection (c)(8) (e)(2) of this section can be parked on a residential lot outside an enclosed building. f. No non-passenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No non-passenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361(b)(3)l. Under no circumstances can a non-passenger vehicle which exceeds the size limitations in subsection (c)(8) (e)(1) of this section be parked in a front yard. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 7 h. No non-passenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. i. Only one tow truck can be parked on a residential property. j. Parking is not permitted within a driveway in the R-1, R-2 or R-3 district within five feet of the curb of a public street. In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, in no event can a vehicle be parked in such a manner as to block a public sidewalk. k. The total area in the front yard of a single-family lot improved for parking and driveway purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average driveway width of up to 22 feet for all single-family lots. l. Recreational vehicles six feet in height or less at their highest points may be parked in one non-driveway side yard on a residentially zoned lot provided that they are ten feet or more from the adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (11) (4) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter. (12) (5) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (13) (6) Outdoor storage of fish houses is not permitted on a residential lot. (14) (7) On-street parking of non-passenger vehicles is not permitted within any R district. (15) (8) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property. b. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. c. Vehicles used in conjunction with authorized public works construction. d. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 8 Section 36-163 R-1 Single Family Residential District *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 district: (3) Private swimming pool and tennis court in conformance with section 36-73; pool house building in conformance with the following conditions: c. Notwithstanding section 36-162(c)(7), the pool house must meet all principal building yard requirements of subsection (f) of this section. (5) Detached garages. a. The following detached garage uses and features may be allowed as a conditional use. 1. Floor areas in excess of the square footage limitations of section 36-162 (7)b.1.ii, 2. Second stories used for other than storage purposes. 3. Window, door, skylight or similar openings located in the second story. 4. Roof pitch less than 3/12 slope. b. The conditions are as follows: 1. The area, bulk height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property. 2. The detached garage is compatible with the scale and character of the neighborhood. 3. Detached garage space is not be used for dwelling purposes (i.e. bedroom, bathroom, kitchen or other similar uses). 4. Garage space is not used for business or commercial purposes. 5. The cumulative ground floor area of the detached garage and any other accessory buildings does not exceed 25 percent of the back yard. *** (f) Dimensional standards/densities. *** (2) The ground floor area ratio within the R-1 district shall not exceed 0.35. (3) A side yard abutting a street shall not be less than at least 15 feet in width, except that a lot of record less than 60 feet in lot width shall have a side yard abutting a street of a minimum of 9 feet in width. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 9 (4) If a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot which that abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 30 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram. Common Lot Line (5) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsection (f)(6) through (f)(11) of this section and provisions regarding subdivision shall govern the use and development of lots in the R-1 district: Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 9,000 75 30 feet or the front wall of the closest house on the block front, whichever is greater. (See additional exceptions in Section 36-73.) 25 9 feet on one yard and 6 feet on the other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley, both may be 6 feet. (6) The depth of the front yard of a lot shall be 30 feet unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then, the required front yards shall be five feet less than the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 50 feet. *** (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line. to permit the The minimum side yard shall be met by the average depth of the side yard to conform to the minimum side yard depth in the St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 10 district, but nNo side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (10)A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is derived, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet. *** (12) Each lot developed with a single-family residence shall contain at least 600 square feet of open lot area. Sec. 36-164. R-2 single-family residence district. *** (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36-34(b). *** (3) Detached garages. a. The following detached garage uses and features may be allowed as a conditional use. 1. Floor areas in excess of the square footage limitations of section 36- 162(7)b.1.ii, 2. Second stories used for other than storage purposes. 3. Window, door, skylight or similar openings located in the second story. 4. Roof pitch less than 3/12 slope. b. The conditions are as follows: 1. The area, bulk height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property. 2. The detached garage is compatible with the scale and character of the neighborhood. 3. Detached garage space is not be used for dwelling purposes (i.e. bedroom, bathroom, kitchen or other similar uses). 4. Garage space is not used for business or commercial purposes. 5. The ground floor area of the garage and accessory building area does not exceed 25 percent of the rear yard area. *** St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 11 (f) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (2) The ground floor area ratio within the R-2 district shall not exceed 0.35. (3) A side yard abutting a street shall not be less than 15 feet in width except that a lot of record which is a minimum of 40 feet in width but less than 60 feet shall have a side yard abutting a street of a minimum of nine feet in width. (4) If a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot which abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 25 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram. (5) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsections (f)(6) through (f)(11) and provisions regarding subdivision shall govern the use and development of lots in the R-2 district: Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 7,200 60 25 feet or the front wall of the closest house on the block front, whichever is greater. (See additional exceptions in Section 36-73.) 25 7 feet on one yard and 5 feet on other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley both may be 5 feet. The depth of the front yard shall be 25 feet deep unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 25 feet, then, the required front yards shall be five feet less than the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 45 feet. If there are no adjacent homes with front yards on the same street as the lot in question, then the front yard shall be no less than 30 feet. (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line. to permit the The minimum side yard shall be met by the average depth of the side yard to conform to the minimum side yard depth in the district, but Nno side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 12 (10)A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is derived, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet. *** (12) Each lot developed with a single-family residence shall contain at least 400 square feet of open lot area. Sec. 36-165. R-3 two-family residence district. *** (d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, all the general conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36- 34. *** (4) Detached garages. a. The following detached garage uses and features may be allowed as a conditional use. 1. Floor areas in excess of the square footage limitations of section 36-162(7)b.2.ii, 2. Second stories used for other than storage purposes. 3. Window, door, skylight or similar openings located in the second story. 4. Roof pitch less than 3/12 slope. b. The conditions are as follows: 1. The area, bulk height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property. 2. The detached garage is compatible with the scale and character of the neighborhood. 3. Detached garage space is not be used for dwelling purposes (i.e. bedroom, bathroom, kitchen or other similar uses). 4. Garage space is not used for business or commercial purposes. 5. The ground floor area of the garage and accessory building area does not exceed 25 percent of the rear yard area. *** (f) Dimensional standards/densities. The dimensional standards/densities are as follows: St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 13 *** (4) A side yard abutting a street shall not be less than 15 feet in width except that a lot of record which is at least 40 feet in width but less than 60 feet shall have a side yard of at least nine feet in width abutting a street. (5) If a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot which abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 25 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram. (6) The following minimum requirements and those additional requirements, exceptions and modifications in subsections (f)(7) through (f)(13) of this section shall govern the use and development of lots in the R-3 district: Lot Area (square feet) Lot Width (feet) Front Yard Depth (feet) Rear Yard Depth (feet) Side Yard Width 7,200* 60 25 feet or the front wall of the closest house on the block front, whichever is greater. (See additional exceptions in Section 36-73.) * 25 Single Family: 7 feet on one yard and 5 feet on other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley both may be 5 feet. Duplex: 9 feet on one yard and 6 feet on other yard, except when there is an attached garage accessible from the street or when the lot abuts an alley, both may be 6 feet. *This minimum lot size is for the development of a single-family house. The minimum lot size for a two-family house is 8,000 square feet. (7) The depth of the front yard of a lot shall be 30 feet unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then, the required front yards shall be five feet less than the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 45 feet. *** (9) Each lot developed with a single-family or two-family residence shall contain at least 400 square feet of open lot area per dwelling unit. *** St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 14 (1213) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line. to permit the The minimum side yard shall be met by the average depth of the side yard to conform to the minimum side yard depth in the district, but nNo side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. *** Sec. 36-243. I-P Industrial Park District. *** (b) Permitted uses. The following uses are permitted in an I-P district if the use complies with the industrial restrictions and performance standards of section 36-242: (11) Studios. Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. (b) Off-street parking and paved areas; general regulations. *** (2) General provisions. *** j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3 districts shall be located within an enclosed building or, if outside, shall be located behind a line created by extending the front building wall of the principal structure to the side lot lines and shall not be located within a side yard abutting a street except as permitted under subsection (b) (3) l. of this section. Parking shall not be permitted on any landscaped area except as permitted under section 36-162(ec)(92). Passenger vehicles can be parked on private driveways in the front yard or side yard abutting a street of single- family or two-family dwelling units provided these vehicles meet the requirements of this section and of this article. Required off-street parking spaces shall be on the same lot as the building housing the principal use, except in the cases of: Sec. 3. The contents of Planning Case File 05-69-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. St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 15 First Reading March 6, 2006 Second Reading March 20, 2006 Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by the City Council March 20, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 032006 - 4a - 2nd Rdg Of Zoning Code Amendments Page 16 SUMMARY ORDINANCE NO 2312-06 AN ORDINANCE AMENDING SECTIONS 36-73, 36-115a, 36-162, 36-163, 36-164, 36-165 and 36-361 This ordinance states that sections of the Zoning Ordinance relating to residential setbacks, detached garages, accessory buildings, and studios will be amended. This ordinance shall take effect 15 days after publication. Adopted by the City Council March 20, 2006 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: March 30, 2006 St. Louis Park Council Meeting Item: 032006 - 4b - Cafeteria Plan Master Plan Document Page 1 4b. Motion to adopt a resolution authorizing the execution of the Amended City of St. Louis Park Cafeteria Plan Master Plan Document. Background The City of St. Louis Park’s Cafeteria Plan has been in place since July 1, 1990. A Cafeteria Plan is an IRS requirement that allows employees to participate in the City’s benefit elections on a pre-tax basis. The Master Plan Document for the Cafeteria Plan governs the administration of the Plan. The City’s Master Plan Document must be approved by Council and was last amended in 1997. Changes Since the last amendment, there have been some regulatory changes and enhancements made to plan language as follows: • Include language required on HIPAA (which involves privacy of medical information) and allowable expenses (over-the-counter drugs are now eligible). • Update to allow an additional “grace period” for eligible medical expenses in the City’s Flexible Spending Accounts. This “grace period” is allowable under a recent IRS ruling which would allow employees an additional 2.5 months (until March 15) to incur expenses for reimbursement from the previous plan year’s election. • General housekeeping on document, including page numbering. Recommendation Staff recommends that the City Council adopt the attached resolution to authorize the execution of the Amended City of St. Louis Park Cafeteria Plan Master Plan Document. Copy of the Master Plan Document is on file with the City Clerk Attachment: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 4b - Cafeteria Plan Master Plan Document Page 2 RESOLUTION NO. 06-064 RESOLUTION AUTHORIZING THE EXECUTION OF THE AMENDED CITY OF ST. LOUIS PARK CAFETERIA PLAN MASTER PLAN DOCUMENT WHEREAS, the Council considers it desirable and in the best interests of the City that it provide its employees with a vehicle whereby amounts which would otherwise be payable as salary may be set aside and provided to employees to reimburse them for medical and employment-related dependent care expenses and to provide medical insurance coverage and direct compensation; and WHEREAS, staff have prepared a Cafeteria Plan designed to provide the benefits described above; NOW, THEREFORE, BE IT RESOLVED that the City of St. Louis Park Cafeteria Plan as amended is hereby adopted as an employee benefit plan and the City Manager or designee is hereby authorized to execute the Plan on behalf of the City. RESOLVED FURTHER, that the City Manager or designee is hereby designated as the Plan Administrator of the Plan and Human Resources is directed to maintain a copy of the Plan with the permanent records of the City and to make duplicates thereof available to participating employees upon request. RESOLVED FURTHER, that the corporation hereby consents to the adoption of the Plan by any affiliates of the City as defined by the Plan. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 4c - Lion's Club Temporary Signage 2006 Page 1 4c. Motion to adopt the attached Resolution to approve St. Louis Park Lions Club’s application for the placement of temporary signs in the public right-of-way. Background: On March 2, 2006, the City received an application from the St. Louis Park Lions Club for 16 signs to be temporarily placed within the public right-of-way for one week, and 25 small temporary signs to be placed in the public right-of-way on the day of the event. Section 36-362(e)(2) of the Zoning Code states that prohibited signs include, “Signs on or over the public right-of-way unless the City Council grants permission for a temporary sign on or over the public right-of-way for a period not to exceed ten days.” The City Council has approved similar requests made by the Lions Club over the last few years Proposal: The Lions Club is a non-profit community based organization that provides services and resources to the people of St. Louis Park. The requested signs advertise the Lions Club’s 49th Annual Pancake and Sausage Breakfast to be held on Sunday, April 9, 2006. This activity is a fund raiser intended to raise revenue to fund those services and resources provided to the residents of St. Louis Park. The 16 larger signs will be displayed beginning March 31, 2006 and will be removed on April 9, 2006. The 25 smaller signs will be displayed on April 9th only. The following signs are proposed to be placed within the right-of-way: # Sign Style Size Location 13 Two-sided sawhorse/sandwich board type 3’ wide x 4’ high A, B, D, F, G, H, I 3 Two-sided sawhorse/sandwich board type 2’ wide x 4’ high C and E 25 Two-sided “stick in the ground” type 2 square feet scattered If approved, all signs will be placed within the public right-of-way at the locations shown on the attached sign map. Staff will verify placement to avoid visibility-related issues. Recommendation: It is recommended that the City Council adopt the attached Resolution approving the St. Louis Park Lions Club’s request for the placement of 16 sandwich board type temporary signs, and 25 “stick in the ground” type signs in the public right-of-ways as outlined within the attached Resolution. Attachments: Resolution Letter from Lions Club dated March 2, 2006 Sign Plan Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 4c - Lion's Club Temporary Signage 2006 Page 2 RESOLUTION NO. 06 -065 RESOLUTION APPROVING THE ST. LOUIS PARK LIONS CLUB'S APPLICATION FOR THE PLACEMENT OF TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY WHEREAS, The St. Louis Park Lions Club made application for the placement of 16 temporary sandwich board type signs and 25 “stick in the ground” type signs within the public right-of-way; and WHEREAS, pursuant to Section 36-362(e)(2) of the St. Louis Park Zoning Ordinance, the City Council may approve the placement of temporary signs within the public right-of-way for a period not to exceed 10 days; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City Council approves the St. Louis Park Lions Club's application for the placement of 16 sandwich board type temporary signs within the public right-of-way beginning March 31, 2006, and to be removed immediately following the conclusion of the event on April 9, 2006 and 25 smaller signs to be displayed on April 9, 2006 only. All signs are to be removed by the end of the day on April 9, 2006. BE IT FURTHER RESOLVED that the size and placement of the 16 sandwhich board type temporary signs are approved as follows: A. Two 3-foot wide by 4-foot high signs at the intersection of Louisiana Ave. & W14th St. B. One 3-foot wide by 4-foot high sign on the south side of Cedar Lake Rd just west of Flag Ave. C. One 2-foot wide by 4-foot high sign on the east side of Texas Ave at the Westwood Junior High School. D. Two 3-foot wide by 4-foot high signs at the intersection of Cedar Lake Rd and Zarthan Ave. E. Two 2-foot wide by 4-foot high signs at the intersection of Minnetonka Blvd and Louisiana Ave. F. Two 3-foot wide by 4-foot high signs at the intersection of Aquila Ave and Hwy #7. G. Two 3-foot wide by 4-foot high signs at the intersection of Beltline Blvd and County Rd #25. H. Two 3-foot wide by 4-foot high signs at the intersection of Excelsior Blvd and Louisiana Ave. I. Two 3-foot wide by 4-foot high signs at the intersection of Wooddale Ave and Hwy #7. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 4d - Resolution Final Payment-Lametti & Sons Page 1 RESOLUTION NO. 06-066 RESOLUTION ACCEPTING WORK ON LAMPLIGHTER POND PROBLEM AREA NO. 4 LIFT STATION CITY PROJECT NO. 2000-1800A CONTRACT NO. 99-04 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 October 4, 2004, Lametti & Sons, Inc. has satisfactorily completed the Lamplighter Pond Problem Area No. 4 Lift Station improvement, as per Contract No. 99-04. 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 $302,700.00 Change Order 2,358.61 Extra Work 0 Final Contract Price $305,058.61 Previous Payments 183,027.00 Balance Due $122,031.61 Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 1 4e. Motion to adopt a resolution calling for a public hearing by the City Council on the proposed creation of the Highway 7 Corporate Center Tax Increment Financing District (a Redevelopment District) and a Hazardous Substance Subdistrict within Redevelopment Project No. 1 (relates to former National Lead/Golden Auto site). Call for Public Hearing Calling for a public hearing will allow the EDA and City Council to take the appropriate steps to create the proposed Highway 7 Corporate Center TIF District and Hazardous Substance Subdistrict to facilitate the proposed Highway 7 Corporate Center project (former National Lead/Golden Auto site). The TIF hearing is scheduled to be held May 15, 2006. Setting a hearing date for creation of the Highway 7 Corporate Center TIF District does not, in itself, authorize or commit the city to any level of TIF assistance to the proposed project. Procedurally it simply enables the City to hold a public hearing to consider the creation of the TIF District and Subdistrict. The EDA will have the opportunity to consider the amount of TIF assistance when a redevelopment contract with the developer is presented. Such a contract is likely to be considered by the EDA at the May 15th meeting. Background Real Estate Recycling (RER) has plans to cleanup and redevelop the former National Lead/Golden Auto property located at 7003 Lake Street West along with several properties to the east along Hampshire Ave. Upon the removal of the existing buildings on the site, RER’s environmental response action plan calls for excavation and treatment of the most heavily contaminated soils (“hot spots”) with a stabilization agent and then capping those soils on site with the new building and parking lots. Once the site has been properly prepared for redevelopment, RER proposes to construct a 78,000 square foot, multi-tenant office/showroom//tech building called the Highway 7 Corporate Center. South of the new building, 521 parking stalls would be reserved for Methodist Hospital’s remote parking and the privately operated impound lot which the City uses. The vacant property owned by the City and EDA at the southwest corner of Hwy 7 and Louisiana Ave would be developed as a remote parking lot for Methodist’s remaining parking needs displaced by the new building on the Golden property. This parking lot will exist until Methodist constructs a new ramp on the north side of its campus and/or a grade separated interchange is constructed at Highway 7 and Louisiana Avenue. The EDA/Council reviewed the preliminary TIF application from Real Estate Recycling for its proposed redevelopment project at the September 26, 2005 study session where it was favorably received. In its revised application, the developer has requested a total $2,460,000 in tax incremental financing to facilitate the proposed project. The developer’s intended use for requested tax increment financing is to assist with the following: remaining soil remediation costs on the Golden property not covered by grants, site capping costs, utility relocation costs, building demolition, as well as building owner and tenant relocation costs. The developer has recently obtained commitments for 1% interest EPA loans via DEED and Hennepin County. St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 2 The developer plans to repay these loans with the requested TIF assistance. The building portion of the proposed project will be conventionally financed through a private lender. Staff and the EDA’s financial consultant, Ehlers and Associates, reviewed the developer’s revised proforma and determined that the requested amount of assistance is reasonable given the extensive remediation costs and other interests being balanced with this redevelopment. The proposed project generates the requested TIF amount in approximately 20 years (on a net present value, pay-as-you-go basis using a 1% interest rate and no inflation). Recommendation The attached resolution calling for the public hearing was prepared by Ehlers and Associates in consultation with staff and staff recommends its approval. Attachments: Resolution TIF Schedule Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 3 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 06-067 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, THE PROPOSED DECERTIFICATION OF A PARCEL FROM THE HIGHWAY 7 TAX INCREMENT FINANCING DISTRICT AND THE ESTABLISHMENT OF THE HIGHWAY 7 CORPORATE CENTER TAX INCREMENT FINANCING DISTRICT (A REDEVELOPMENT DISTRICT) AND THE ESTABLISHMENT OF A HAZARDOUS SUBSTANCE SUBDISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on May 15, 2006, at approximately 7:30 P.M., to hold a public hearing on the proposed adoption of a modification to the Redevelopment Plan for Redevelopment Project No. 1, the proposed decertification of parcel number 17-117-21-44-0065 from the Highway 7 Tax Increment Financing District and the establishment of the Highway 7 Corporate Center Tax Increment Financing District, (a redevelopment district), the establishment of a Hazardous Substance Subdistrict therein and the proposed adoption of a Tax Increment Financing Plan therefor, and the approval of a business subsidy, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082 , and Sections 469.174 to 469.1799, inclusive, as amended, and Minnesota Statutes, Sections 116J.993 through 116J.995 in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare a modification to the Redevelopment Plan for Redevelopment Project No. 1, the decertification of parcel number 17-117-21-44-0065 from the Highway 7 Tax Increment Financing District and a Tax Increment Financing Plan for the Highway 7 Corporate Center Tax Increment Financing District and Hazardous Substance Subdistrict and to forward documents to the appropriate taxing jurisdictions including County of Hennepin and Independent School District No. 283. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to May 15, 2006, and to place a copy of the Plans on file in the City Clerk=s office at City Hall and to make such copy available for inspection by the public. St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 4 Reviewed for Administration Adopted by the City Council March 20, 2006: ______________________________ _________________________________ Tom Harmening, City Manager Jeff Jacobs, Mayor ATTEST: ______________________________ Nancy Stroth, City Clerk St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 5 SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 THE DECERTIFICATION OF A PARCEL FROM THE HIGHWAY 7 TAX INCREMENT FINANCING DISTRICT AND THE ESTABLISHMENT OF THE HIGHWAY 7 CORPORATE CENTER TAX INCREMENT FINANCING DISTRICT AND A HAZARDOUS SUBSTANCE SUBDISTRICT (a redevelopment district) AND THE AWARDING OF A BUSINESS SUBSIDY March 20, 2006 EDA requests that the City Council call for a public hearing. March 20, 2006 City Council calls for a public. March 20, 2006 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in the TIF District. March 31, 2006 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers will fax & mail by March 29, 2006] April 4, 2006 Letter received by County Commissioner giving notice of potential redevelopment tax increment financing district (at least 30 days prior to publication of public hearing notice). [Ehlers will fax and mail by March 31, 2006] April 14, 2006 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers & Associates will fax & mail by April 12, 2006] May 1, 2006 Ehlers & Associates conducts internal review of the Plans. May 4, 2006 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers & Associates will e-mail notice & map to the Sun Sailor by April 27, 2006] May 3, 2006 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Plans. May 15, 2006 EDA adopts a resolution approving the Plans. St. Louis Park Council Meeting Item: 032006 - 4e - Resolution Request For Public Hearing Page 6 May 15, 2006 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1, the decertification of a parcel from the Highway 7 Tax Increment Financing District, the establishment of the Highway 7 Corporate Center Tax Increment Financing District and a hazardous substance subdistrict and passes resolution approving the Plans and awarding a business subsidy. [Ehlers & Associates will email Council packet information to the City by May 8, 2006] ______, 2006 City authorizes Ehlers to request certification of the TIF District. ______, 2006 Ehlers & Associates requests certification of the TIF District from the state and county. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later of: (1) 180 days after the municipality’s approval under section 469.175, subdivision 3; or (2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1. St. Louis Park Council Meeting Item: 032006 - 4f - Planning Comm Minutes Feb. 15, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA February 15, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: None STAFF PRESENT: Adam Fulton, Greg Hunt, Meg McMonigal, Nancy Sells, Sean Walther 1. Call to order - Roll Call 2. Approval of Minutes of February 1, 2006 Commissioner Robertson moved approval of the minutes for February 1, 2006. The motion passed on a vote of 6-0. 3. Resolution of Conformance to Comprehensive Plan A. Consideration of a resolution stating that the modification to the Redevelopment Plan for Redevelopment Project No. 1 and the modification of the Elmwood Village Tax Increment Financing District is in conformance with the City’s Comprehensive Plan (Hoigaard TIF) Greg Hunt, Economic Development Coordinator, presented the staff report. Mr. Hunt pointed out that the two commercial buildings located on the east side of Webster Avenue and abutting Hoigaard’s south parking lot are not currently part of the proposed redevelopment. They are included in the modified TIF District in the event the developer acquires them and incorporates them into the project. Neither the proposed Hoigaard Village project nor the modifications to the Elmwood TIF District include the properties occupied by Burlington Coat Factory and the Micro Center. Commissioner Carper asked what would be the implications of the inclusion of the other two properties? Mr. Hunt said it means those two properties are part of the TIF District and any tax increment that accrues from the increased value for those two properties goes to the TIF District. Meg McMonigal, Planning and Zoning Supervisor, added that taxes increase based on the value of the property and the difference between pre-development and post-development taxes go into the TIF District. St. Louis Park Council Meeting Item: 032006 - 4f - Planning Comm Minutes Feb. 15, 2006 Page 2 Commissioner Johnston-Madison asked who benefits. Mr. Hunt said any increase in the district goes into the TIF District pool. Mr. Hunt said the tax dollars are used for public improvement costs incurred by the developer. Commissioner Johnston-Madison moved to adopt the resolution finding the proposed Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Modification of the Elmwood Village Tax Increment Financing District Plan conform with the Comprehensive Plan of the City of St. Louis Park. Commissioner Morris seconded the motion. The motion passed 6-0. 4. Hearings: A. Major amendment to Planned Unit Development for structural alterations, exterior changes, and addition of brewery for conversion of Timberlodge Steakhouse into Granite City Brewery Location: 5500 Excelsior Boulevard Applicant: Granite City Food and Brewery, Ltd. Case No.: 05-76-PUD Adam Fulton, Associate Planner, presented the staff report. Commissioner Morris asked if there is any proposal for outdoor seating. Mr. Fulton responded no. Chair Carper asked about the tower. Commissioner Morris called attention to the illustration plan sheet A200 depicting the tower and the façade for the brewery storage. Tim Carey, COO, Granite City Food and Brewery, provided background information. He said Granite City has a brewery facility in Ellsworth, Iowa which services all of their current 13 restaurants. Commissioner Johnston-Madison asked if there would be any issue with emissions. Mr. Carey replied no, as the system is temperature controlled. He explained that jacketed fermenters are heat controlled through a standard hot water boiler. Chair Carper opened the public hearing. With no one present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson said Granite City would be a welcome addition to the area. Commissioner Robertson moved to recommend approval of a major amendment for changes to the building footprint at 5500 Excelsior Blvd. (Timberlodge Steakhouse, now known as Granite City Food and Brewery), subject to conditions recommended by staff. Commissioner Morris seconded the motion. The motion passed 6-0. St. Louis Park Council Meeting Item: 032006 - 4f - Planning Comm Minutes Feb. 15, 2006 Page 3 B. Major amendment to Conditional Use Permit to construct five story condominium building (Westmarke Condos), with offices on ground floor Location: 1155 Ford Road Applicant: Stonebridge Development and Acquisition, LLC Case No.: 06-09-CUP Commissioner Robertson asked if the Planning Commission is being asked to approve hardiboard as a Class I material only for this project. Mr. Fulton responded that staff is developing proposals to bring to the Planning Commission for the use of hardiboard as a Class I material. Ms. McMonigal said hardiboard approval would be for this project only, and only as a percentage of Class I--13% to meet the 60% requirement. Ron Mehl, Stonebridge Development and Acquisition, provided background information on the proposed project. Commissioner Morris said the material being presented appears to be sheets of plywood, i.e., flat panel and it doesn’t seem to match the brick. Commissioner Robertson said he likes what the developer has done with the project, and it appears to be a handsome building. Chair Carper opened the public hearing. With no one present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson moved to recommend approval of the Major Amendment to the Conditional Use Permit, subject to conditions as recommended by staff. Commissioner Johnston-Madison seconded the motion. The motion passed 6-0. C. Preliminary and Final Plat (Louisiana Alignment) to consolidate property owned by the City’s Economic Development Authority Location: Southwest quadrant of Louisiana Avenue and Hwy. 7 Applicant: City of St. Louis Park Case No.: 06-01-S Sean Walther, Senior Planner, presented the staff report. Commissioner Morris asked if a variance would be required from the City’s ordinance regulating the dedication of public rights-of-way. Ms. McMonigal said staff is trying to clean up the existing property and pieces were added to make it cleaner. Staff is looking to get the actual frontage road technically dedicated. Mr. Walther said he can contact the City attorney for advice and if a variance would be necessary, the City could re-advertise for that, and that determination will be made prior to presentation to the City Council. Chair Carper opened the public hearing. With no one present wishing to speak, Chair Carper closed the public hearing. St. Louis Park Council Meeting Item: 032006 - 4f - Planning Comm Minutes Feb. 15, 2006 Page 4 Commission Robertson moved to recommend approval of the preliminary and final plat. Commissioner Johnston-Madison seconded the motion. The motion passed 6-0. D. Preliminary Plat and Preliminary Planned Unit Development- Village in the Park Phase II for 77 unit 4-story condominium building with approximately 15,000 square feet of retail space (public hearing postposed and notification mailed) Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-78-S and 05-77-PUD 5. Other Business Ms. McMonigal announced that the application for the Al’s Bar site redevelopment has been withdrawn. 6. Communications A. Recent City Council Action – Feb. 6, 2006 B. BOZA agenda - Feb. 23, 2006 C. Meeting Schedule – March and April Ms. McMonigal said the Planning Commission will meet on March 8th and 15th. April meetings will be held on April 5th and 26th. Commissioner Morris complimented staff on improved presentations and graphics. Commissioner Morris asked if staff could look at the feasibility of e-mailing plan sheets and agenda items to the commission members. 7. Adjournment The meeting was adjourned at 7:20 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 032006 - 4g - HA Board Minutes Feb. 8, 2006 Page 1 MINUTES Housing Authority St. Louis Park City Hall, Westwood Room St. Louis Park, Minnesota Wednesday, February 8, 2006 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Andria Daniel, Steve Fillbrandt and Anne Mavity. Commissioner Judith Moore arrived at 5:08 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kathy Larsen, Kevin Locke and Michele Schnitker. 1. Call to Order Commissioner Courtney called the meeting to order at 5:03 p.m. 2. Approval of Minutes for January, 2006 The January 11, 2006 minutes were unanimously approved with the following addition and amendment: addition to paragraph 6.d., After further discussion the HA and JVS mutually agreed to rescind their contract.; amendment to paragraph 6.e., second sentence to read, The Commissioners decided not to make changes to the waiting list preferences at this time and asked that this item be included on the February meeting agenda for further discussion. 3. Hearings – None 4. Reports and Committees a. Citywide Survey Program – MHFA Grant Application Ms. Larsen informed the Board that the City Council, at the February 6, 2006 meeting, passed a resolution of support for the MHFA grant application in the amount of $150,000, to assist with loans for low and moderate income residents who own properties with exterior property maintenance code violations. 5. Unfinished Business – None 6. New Business Commissioner Mavity moved to amend the agenda in order to first discuss Item 6.f., Meadowbrook Collaborative Update, and Commissioner Moore seconded the motion. The motion passed 5-0 with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. St. Louis Park Council Meeting Item: 032006 - 4g - HA Board Minutes Feb. 8, 2006 Page 2 f. Meadowbrook Collaborative Update Ms. Schnitker provided a brief update on Meadowbrook Collaborative accomplishments and the recent initiative by several community representatives to explore the potential for collaborative possibilities between Children First, Meadowbrook Collaborative and STEP. The Commissioners viewed a short video about Meadowbrook Collaborative. a. 2006 Community Development Block Grant Proposed Allocation Ms. Larsen explained the proposed CDBG funds allocation for 2006, A written report will be provided to the City Council at the February 13, 2006 Study Session and a Public Hearing will be held on February 21, 2006. No action is required from the HA. b. Follow-Up to October 26, 2005 Board Strategic Planning Session – Matrix Update Ms. Schnitker reviewed the revised Housing Summit Matrix with the Commissioners. Staff is seeking comments from the City Council, Planning Commission and other City staff before finally revising and redistributing the Housing Summit Matrix. c. Approval of Public Housing Utility Allowance; Resolution No. 543 Ms. Anderson presented the 2006 Public Housing Utility Allowance. Commissioner Moore moved to approve Resolution No. 543, Amending the Leasing and Occupancy Plan, Appendix D, Utility Allowances for Scattered Site Program, and Commissioner Daniel seconded the motion. The motion passed 5-0 with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. d. Approval of Support for Affordable Housing Incentive Fund Grant – Louisiana Court; Resolution No. 544 Ms. Schnitker informed the Board that Hennepin County Housing and Redevelopment Authority has requested the HA’s support of the use of a $550,000 2005 Affordable Housing Incentive Fund grant awarded to Project Pride in Living for assistance in funding capital improvements at Louisiana Court. Commissioner Fillbrandt moved to approve Resolution No. 544 Supporting the Award of Affordable Housing Incentive Funds for Funding Capital Improvements at Louisiana Court, and Commissioner Moore seconded the motion. The motion passed 5-0 with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. e. Waiting List Preferences Ms. Schnitker reviewed staff’s recommended waiting list preference changes. After discussion the Board agreed that the recommended preference changes should be implemented at the next purge/update, scheduled for the fall of 2006. St. Louis Park Council Meeting Item: 032006 - 4g - HA Board Minutes Feb. 8, 2006 Page 3 7. Communications from Executive Director a. Claims List February - 2006 Commissioner Mavity moved for ratification of Claims List No. 2-2006, and Commissioner Moore seconded the motion. The motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. b. Communications 1. Monthly Report for February, 2006 2. Scattered Site Houses and Hamilton House (verbal report) 3. Draft Financial Statements - Report 8. Other 9. Adjournment Commissioner Moore moved to adjourn the meeting, and Commissioner Daniel seconded the motion. The motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. The meeting adjourned at 6:26 p.m. Respectfully submitted, Anne Mavity, Secretary St. Louis Park Council Meeting Item: 032006 - 4h - Human Rights Minutes Jan. 17, 2006 Page 1 City of St. Louis Park Human Rights Commission Minutes – January 17, 2006 Dakota Room City Hall I. Call to Order The meeting was called to order at 7:50 p.m. It was held after the Human Rights Award presentation at the City Council meeting. Present Commissioners: Karmit Bulman, Michael Cohn, Ahmed Maaraba and Kristi Rudelius-Palmer Staff: Martha McDonell, Commission Liaison. Recording Secretary, Amy Stegora-Peterson, was not present due to her service at the city council meeting this evening. A. Approval of Agenda The agenda was approved as presented. B. Approval of Minutes The Minutes of the Dec. 21, 2005 meeting were corrected to read “The This is My Home tool kit is being distributed to 3000 schools and it is available at www.thisismyhome.org.” II. Old Business A. Equal Access/City Separation Ordinance Karmit reported that she will be participating in the meetings with JCA, Jewish Community Action, regarding a proposed city separation ordinance. At an earlier meeting she learned about the history of the passage of the Minneapolis and St. Paul Ordinances. Matt noted that police chiefs and mayors of these cities have defended their ordinances and have spoken out against Governor Pawlenty’s intention to repeal their ordinances. There was a Jan. 10th forum in St. Paul by the AILA, American Immigration Lawyers Association, of which Matt is a member. He noted that many groups are working together on this issue to protest immigrant rights. St. Louis Park Council Meeting Item: 032006 - 4h - Human Rights Minutes Jan. 17, 2006 Page 2 Karmit reported that there will be a second meeting with department directors on Thursday Jan. 19 to listen to their input on this proposal. The meeting will include the Parks and Recreation and Fire Department directors. Karmit handed out a fact sheet with talking points that addressed many common questions about the proposed ordinance. She also suggested that a next step will be meeting at a city council study session to discuss the issue and hear council’s questions. Matt agreed. Martha let the commission know that meeting with the city council was also a recommendation of City Manager, Tom Harmening. Matt noted that consideration of a resolution instead of an ordinance is also an option. Kristi did not agree with this approach. Matt then suggested that the commission give consideration of the goal of the ordinance. Kristi inquired about a list of other cities that have passed ordinances or resolutions. Matt suggested that such a list may be available from the JCA. Karmit expressed her desire for the commission to be well prepared to answer council’s questions. Mike suggested preparing a brochure or fact sheet to bring to council that addressed the Why? How? and Who? questions and issues of the proposed ordinance. Kristi suggested that the commission ask the city council to send their questions ahead of time so that the commission may come well prepared to the discussion. Kristi has a contact, Kathy Fennelly, a professor at the Humphrey Institute, whom she will ask for information. Matt agreed to look up any updated census numbers and projections for St. Louis Park. Kristi suggested he may find some information in a MN Foundation report. Matt will also compile the recent press reports on both the Governor’s and the Federal Government’s proposals. Kristi will try to speak to the School Superintendent regarding these issues if they are able to meet. B. Work Plan Martha McDonell impressed upon the commission the importance of finalizing the work plan so that it may be presented to the council at their next meeting. Mike and Ahmed both felt that the work plan should be narrowed. Karmit and Kristi both felt that work toward identifying groups that serve and support minority populations in our city should be a priority. Kristi also spoke about the importance of promoting Human Rights and diversity education in the school and on cable TV. Matt noted that he was still interested in contacting the Twin West Chamber of Commerce leaders to ask the business community who they are employing. The commissioners agreed to review another draft of the work plan that kept most of the items listed by priority. Martha will prepare the draft and email it to commissioners for review. C. Bias Crimes Two additional bias crimes were reported by the police department in the last month. Both involved graffiti on cars suspected by juveniles. Commissioner Shelley Taylor, who agreed to write letters of support from the commission, was not present at this meeting. Ahmed agreed to contact Shelley to see if she will send letters to these two victims. St. Louis Park Council Meeting Item: 032006 - 4h - Human Rights Minutes Jan. 17, 2006 Page 3 D. Election of Officers Commissioner Ahmed Maaraba was elected as Commission chair for 2006 and Commissioner Matt Armbrecht was elected to serve as Vice Chair. IV. New Business A. Meeting Nights The Commission agreed that the third Tuesday of each month will be their new regular meeting date. Martha McDonell will post an official notice of this change at city hall and also inform the producer of the city/school calendar. Adjournment The meeting was adjourned at 9:00 p.m. Respectfully submitted, Martha McDonell Community Connections Specialist and Commission Staff Liaison St. Louis Park Council Meeting Item: 032006 - 4i - PRAC Official Minutes Jan. 18, 2006 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, January 18, 2006 Rec Center Programming Office 1. Call to Order Chair Tom Worthington called the meeting to order at 7:11 pm. Commission members present: Tom Worthington, Bruce Cornwall, George Foulkes, Steve Hallfin, and Kirk Hawkinson. Staff present: Director of Parks and Recreation (Ms. Walsh), Program Supervisor (Mr. Lombardi), and Recording Secretary (Ms. Voelker). Guests present: Community Outreach Coordinator (Martha McDonell), Boys Traveling Basketball and Football Association President (Bill Donald). 2. Presentations a. Vision St. Louis Park Presentation (7 p.m.) Ms. McDonell distributed a survey for members to complete. Members completed the form which discussed what they like and want to see in St. Louis Park. b. Association Presentations (7:45 p.m.) Boys Traveling Basketball Association Mr. Donald distributed the Mission Statement of the Association to the Commission and stated the Association’s league is more competitive than the City’s basketball league that is offered as the Parks and Recreation Department runs an in-house league. Mr. Donald advised that individuals may be cut from the traveling league due to inability to play (i.e. in 2005, three kids out of 12 were cut) and that this league prepares individuals for the high school program. Mr. Cornwall expressed his concern to ensure the kids that are cut are not turned off from the sport. Mr. Donald indicated a coordinator could assist in that scenario by taking the child back to the in-house league to prepare for the traveling league. He would like to coordinate with the in-house league to fundamentally prepare the kids for the traveling team. Mr. Lombardi advised the Commission of the in-house leagues offered by the City. Mr. Cornwall asked what age kids begin to care about competing. Mr. Donald indicated his experience is at the 4th grade they show emotion. Mr. Hallfin St. Louis Park Council Meeting Item: 032006 - 4i - PRAC Official Minutes Jan. 18, 2006 Page 2 asked if it’s possible for kids to play both the in-house and traveling leagues. Mr. Donald advised it could be done, but a large amount of time commitment. Mr. Lombardi advised an 8th grade program was discussed but the Girls Traveling Association did not want it at this time. Mr. Lombardi hopes to offer an in-house 7th to 8th grade program in the future. Mr. Donald stated he would like the Boys and Girls Traveling Associations to merge and become one association. Mr. Donald advised basketball court space is challenging to obtain and his concern with the overlapping sports seasons. Ms. Walsh encouraged Mr. Donald to discuss the overlapping of seasons with the Hockey Association since it was a frustration of his and he advised he would. Football Association Mr. Donald distributed notes and discussed what cities the Football Association plays, registration numbers, operating funds, and goals. Mr. Hallfin thanked Mr. Donald as his son plays football and feels the Association is well established. Mr. Worthington asked Mr. Donald what the City could do for the Association. Mr. Donald commented that Louisiana Oaks Park field is very nice and well kept. He has also heard other cities compliment the condition of the field. Mr. Donald stated they would like lights on another field. Ms. Walsh mentioned the only potential Capital Improvement Project would be lights at the Junior High field. Mr. Hallfin suggested the Football Association partner with the City on this project. He advised the Little League Association has done so in the past, splitting the expenditures. Mr. Cornwall advised he spoke with Andy Ewald recently about artificial turf, lighting, etc. on their field but unsure of their plans. Mr. Worthington advised the Commission has tried to connect all associations together via the annual meeting and inquired if the one-on-one arrangement is better. Mr. Donald indicated he is in favor of having all associations in the same room as that’s the best way to get things done if people would come to the meeting. Mr. Donald advised at their last board meeting, they suggested Mr. Ewald work out an annual sports schedule as a lot of sports overlap. Mr. Ewald is going to get the sports associations together in March to decide how to work better together and not overlap seasons. The Commission thanked Mr. Donald. 3. Approval of Agenda It was moved by Commission member Mr. Hallfin, seconded by Commission member Mr. Foulkes, to approve the Agenda with the Program Report moved following Approval of Minutes. The motion passed 5-0. St. Louis Park Council Meeting Item: 032006 - 4i - PRAC Official Minutes Jan. 18, 2006 Page 3 * 4. Approval of Minutes – November 16, 2005 It was moved by Commission member Mr. Hallfin, seconded by Commission member Mr. Foulkes, to approve the Minutes as presented. The motion passed 5-0. 5. New Business – None. 6. Old Business a. Aquatic Park Report, 2005 The Commission members reviewed the report and discussed how weather plays a large part in the Aquatic Park revenue. Ms. Walsh advised more water parks are being built which is more competition. Ms. Walsh also advised participants have the perception of a full pool due to the amount of buses parked in the parking lot. Staff suggested parking buses some where other than in the Rec Center parking lot and advised discussions will take place at the Council Study Session in January. Staff would like to ask the public what they want at the Aquatic Park and for a recommended location to park the buses elsewhere. Staff will keep the Commission updated. b. Commissioners’ Swim & Skate Event, August 5, 2006, Discussion Ms. Walsh suggested dividing up duties amongst members and advised the ice rink is not available on the original date chosen. Mr. Foulkes suggested waiting until new members are appointed prior to selecting tasks. Ms. Walsh will check on other dates and will advise the members at their February meeting. Mr. Foulkes feels it is important to include ice skating as there was nice diversity at the event. Mr. Hawkinson suggested having skate monitors in the arena. The Commission members all indicated they want to sell hot dogs at this event. 7. Communications a. Chair Mr. Worthington feels the City Council showed courage in their decision on the City-wide excess land issue. They decided to proceed with disposal on almost all of the lots and advised he has a report if anyone is interested. Ms. Walsh indicated the Task Force was satisfied with the process. b. Commissioners Mr. Cornwall suggested inviting Mr. Ewald to a meeting to discuss the Junior High field. Ms. Walsh suggested hearing more comments from the Associations prior to inviting him. Staff will contact Mr. Ewald to locate a meeting he can attend. Mr. Foulkes indicated he is looking forward to new members and felt Mr. Donald’s presentation was very good. St. Louis Park Council Meeting Item: 032006 - 4i - PRAC Official Minutes Jan. 18, 2006 Page 4 Mr. Hallfin commented he is looking forward to new members also and welcomed Ms. Voelker back from leave and congratulated her on the birth of her child. Mr. Hawkinson commented that the Hoigaard redevelopment will affect three small parks in that area: Jorvig, Center, and Justad. Mr. Hawkinson suggested the City take money from those parks and put it in an escrow fund to be spent at those parks. Ms. Walsh advised park dedication does not allow money to be allocated to specific parks but could be included in the CIP. Mr. Hawkinson inquired on the status of the bee hives. Mr. Cornwall advised staff will tour potential sites soon and Ms. Walsh indicated MnDOT is also involved in the process. c. Program Report Mr. Lombardi advised basketball leagues have gone well but could be coordinated differently as some overlap with High School practices. Staff held a successful camp for first and second graders which prepared in-house leaguers for the traveling program. Mr. Lombardi advised soccer was successful also. They had adequate teams for grades 3-4 and 5-6, but the 7-8 grade program has not gained popularity yet. d. Directors Report Ms. Walsh advised there is public art dedication money available. Mr. Cornwall inquired if staff is working with Forecast Artworks as they did for the art work at Louisiana Oaks Park. Ms. Walsh advised that has not been decided yet but would seem reasonable. Ms. Walsh indicated park dedication may be presented to the Commission for land on the corner of Wooddale and West 36th. The Commission will be advised. Ms. Walsh advised staff recommended to Council to accept a joint use agreement with Torah Academy. Torah uses the City’s playground and the City uses their field. Staff is working on longer term cost sharing ideas to be presented to Council in early February. 8. Adjournment The meeting adjourned at 8:59 p.m. It was moved by Commission member Mr. Cornwall, seconded by Commission member Mr. Hallfin, to adjourn. The motion passed 5-0. ______________________________________ Stacy Voelker, Recording Secretary St. Louis Park Council Meeting Item: 032006 - 6a - Public Hearing Byerly's Liquor License Page 1 6a. Public Hearing to Consider an Intoxicating On-sale and Sunday Sale Liquor License for Byerly’s, Inc, DBA Byerly’s-St. Louis Park. Request of Council to approve a liquor license for Byerly’s, Inc. operating at 3777 Park Center Boulevard in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an Intoxicating On-sale and Sunday sale liquor license for Byerly’s, Inc., DBA Byerly’s St. Louis Park, 3777 Park Center Boulevard. Background: Byerly’s, Inc. DBA Byerly’s-St. Louis Park has made application to the city for a liquor license to sell intoxicating beverages at the restaurant and cooking school located inside Byerly’s grocery store at 3777 Park Center Boulevard. The restaurant is approximately 5,140 square feet and the cooking school is approximately 1,070 square feet. An existing on-sale wine license is currently in place for the premises which will expire February 28, 2007. Byerly’s is interested in applying for a caterer’s permit with the State of Minnesota Alcohol and Gambling Enforcement Division. The State alcohol caterer’s permit requires the holder to have a full on-sale intoxicating liquor license. In order to meet these requirements, Byerly’s is requesting to upgrade to a full intoxicating on-sale liquor license. The main principals involved are as follows: Russell Lund President - CEO Von Martin Sr. Vice President - CAO Ross Huseby General Manager The Public Hearing Notice was published March 9, 2006 and staff has received no calls in response to the notice. The Police Department has run a full background investigation and has found no reason to deny the license based on the investigation. Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 8a - Fire Union Labor Contract Page 1 8a. Fire Union Contract: January 1, 2006 – December 31, 2007 A two year agreement between the City and the Firefighters and Fire Lieutenants Union for 2006 and 2007. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and International Association of Fire Fighters (IAFF) Local #993, establishing terms and conditions of employment for two years, from 1/1/06 – 12/31/07. Background We are pleased to bring to the Council the final contract agreement between the City and union groups for 2006. The City and the Firefighters union met several times and have had very pleasant negotiation sessions before coming to agreement on this settlement. The majority of changes in this contract involve Fire Lieutenant wages as compared to market. When compared to our market (average of Group V cities population of suburbs in the metro area 25,000 and higher), it was found that our Fire Lieutenants were falling below average. In addition, there were discussions regarding the appropriate amount of out-of-class wages for Firefighters and Lieutenants who fill in for a commanding officer. The agreement between the City and the Union includes a market adjustment in wages for Fire Lieutenants in 2007 and changes to out-of- class pay language. The agreement also includes the following terms: • Two year agreement • 2006 base wage increase of 3%, effective January 1, 2006 • 2006 increase in employer contribution for insurance to $660/month (additional $55/month for employees who elect the high deductible plan with VEBA). Comment: This is the same as our other non-exempt employees. • 2007 base wage increase of 3%, effective January 1, 2007, plus a market adjustment for Fire Lieutenants of $1,496.82/year. In addition, an entry level/assignment step was created for the Lieutenant position. Comment: This is the adjustment to the wage to realign this group with the market. • 2007 increase in employer contribution for insurance will be the same as other non- exempt employees. • 2006 longevity for Fire Lieutenants calculated on Lieutenant base wage instead of Firefighter base wage. Comment: This adjustment will cost approximately $1,200. • 2006 change to out-of-class pay language, allowing Firefighters to earn entry level pay of Lieutenant for working out-of-class. Lieutenants will earn an additional $1 per hour to work out-of-class. Comment: Both union and management are interested in having the out-of-class pay language clarified. • 2006 change to vacation pick language. Comment: This change will speed up the vacation pick process and benefits both union and management. • 2006 Fire union members will participate in a Health Care Savings Plan. Comment: This plan is similar to the plan offered to non-union employees. St. Louis Park Council Meeting Item: 032006 - 8a - Fire Union Labor Contract Page 2 City staff is pleased with this offer and recommends approval. Funds for this settlement are in the 2006 budget. The proposed contract is on file with the City Clerk. More detail is available upon request. Recommendation It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and the International Association of Fire Fighters Local #993, establishing terms and conditions of employment for the duration of 1/1/06 – 12/31/07. Attachment: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 8a - Fire Union Labor Contract Page 3 RESOLUTION NO. 06-059 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #993 JANUARY 1, 2006 – DECEMBER 31, 2007 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract #25-06 between the City of St. Louis Park and the International Association of Fire Fighters (IAFF), Local #993, effective January 1, 2006 – December 31, 2007. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 1 8b. Conditional Use Permit for excavation and fill of more than 400 cubic yards for the construction of a single family home. Location: 2821 Nevada Avenue South Applicant: Sergey Vladyka Case No.: 05-74-CUP Recommended Action: Motion to adopt a resolution approving a conditional use permit, subject to conditions found in the resolution. Site Area: 60 feet x 134 feet (8,040 square feet) Zoning: R-2 Single Family Residential Comprehensive Plan: Low Density Residential Background: Sergey Vladyka purchased the vacant parcel at 2821 Nevada Avenue in November of 2005 for the purpose of constructing a modified split level single family home with a walk-out. The Conditional Use Permit (CUP) is required as a result of the request to bring in approximately 700 cubic yards of clean fill for the purpose of constructing a building pad for the house. A neighborhood meeting was held on February 14th to discuss the proposal with the neighborhood. The neighbors to the north and south were the only residents that attended, and both welcomed the applicant as a neighbor. The owners to the south expressed concern with the storm water, not wanting his property or house to be flooded as a result of the fill being hauled in. They also expressed concern about the retaining wall proposed to be constructed along the property line. They seemed relieved that the wall would not be taller than approximately four feet in the vicinity of the house, and they may construct a fence along the wall to hide it from view. They, however, do not want the city to require the construction of the fence as a condition of approval. Existing Conditions: Current Zoning: R-2 Single Family Comprehensive Plan Designation: Low Density Residential Parcel Size: 60 feet x 134 feet Current Land Use: Vacant Proposed Land Use: Single Family Residential St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 2 The parcel is part of the single family residential plat named High Holborn that was recorded in 1920. During the 1950s and 1960s, single family homes were constructed on all of the lots on the 2800 block of Nevada and Maryland Avenue to the east, with the exception of this property which was never built on. The topography drops approximately 24 feet from the back of the curb along Nevada Avenue to the rear property line, with 20 feet of the grade change occurring in the front half of the lot. The lowest elevation for most of the 2800 block lying between Nevada and Maryland Avenue to the east is found in the back 30 feet of this lot. This low point is not connected to the municipal storm sewer system, and does not have a natural outlet. Therefore, the water that collects in this location stays there until it infiltrates into the ground. There are no records indicating that this ponding has historically been a problem or that it has affected any homes on adjoining property. (View looking toward Nevada Avenue.) The lot had numerous trees of various size and species; however, the majority of these trees have already been removed from the site in preparation of the construction of the home. The tree preservation ordinance allows tree removal without replacement for the construction of a single family home. The home to the north is built at grade with Nevada Avenue, and has a back yard that follows the slope down to the low point found on the subject property. The home to the south of the subject property was constructed near the bottom of the slope. This means the grade of the street is near the elevation of the top of the roof, and it also means that of all the homes on the block, this home would be the most susceptible. (The location of both of these houses is shown on the survey which is attached for your review.) St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 3 Proposed Changes: The applicant is proposing to bring in 700 cubic yards of clean fill to raise the front half of the lot to an elevation approximately three feet lower than the street. The fill will be held in place by a series of three retaining walls that will be less than five feet in height. The only exception to the five foot height maximum is a portion of the proposed wall located at the southeast corner of the house. This section will be approximately 7.5 feet tall because the grade at the base of that wall must remain unchanged in order to maintain positive drainage from the neighboring house to the south to a dry storm water detention basin proposed to be constructed at the rear of the property. A tile and pumping system is proposed to convey the water from behind the retaining walls to the pond. A pump will also be installed to take the water from the detention basin to the municipal storm water system along Nevada Avenue should it be necessary. The detention basin is sized to hold the volume of water that would exist in a situation where the water would collect to such a point that it would touch the house to the south. There are not records indicating this ever happened, but the applicant’s engineer is using this method to both ensure that the neighboring house will not be impacted by storm water as a result of the fill, and to actually improve the storm water situation for all neighboring properties. Since the area does not have an overflow outlet for the storm water, the applicant is also proposing to install a pump that will remove the water from the pond. This means the low area will no longer have to rely solely on infiltration. Analysis of Request: Storm Water: The storm water plan was reviewed by the engineering department, which determined that the proposal to enlarge and define the storm water holding area and to install a storm water lift station will improve the handling of the storm water by decreasing the likelihood that neighboring properties would be impacted by flooding. The pond will be lined with a membrane that will continue to allow infiltration and prevent the growth of weeds. A layer of rock will be added to the bottom of the pond for decoration and to protect the weed barrier. Retaining Walls: The proposed retaining wall system was designed by an engineer specifically for this application. It is the intent of the applicant to try to keep the walls less than five feet in height, however, there are a few areas that will be a few inches taller than five feet, and one area that will gradually climb to a 7.5 foot height. This portion of the wall located at the south east corner of the proposed house is necessary to maintain the drainage from the neighboring house to the south to the proposed pond. The wall will be made of interlocking blocks with a tile system to convey the water from behind the wall to the pond. The wall design was reviewed by the building inspections department and was found to meet the requirements of the building code. A separate building permit will be required for the wall. St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 4 Truck Routes: Public Works is recommending the trucks follow Louisiana Avenue to 28th Street to Nevada Avenue to get to the site, and that they follow the same route to leave the site. 28th Street is constructed for heavier traffic, and has a stop light at Louisiana Avenue to assist with the entrance to and exit from Louisiana Avenue. This route will also have less of an impact on the residential neighborhood. It is anticipated that their will be 35 – 47 truck loads of fill brought to the site, and staff recommends that the trucks be limited to hauling between the hours of 8 am and 9 pm on Monday through Friday, and no hauling on Saturday and Sunday. Imported Soil: The soil that will be imported to the site is required to be clean fill, meaning there will be not be debris or garbage of any type mixed with it. The fill will also have to be compacted to meet the building code requirements for a home to be constructed on it. The fill will be inspected by an independent soil engineer, and verified by the City Inspections Department. Recommendation: The Planning Commission recommended approval (7-0) of the application for a conditional use permit. The unapproved minutes from the Planning Commission meeting, as attached, provide information regarding the Planning Commission’s questions. The Planning Commission and Staff recommend a motion to adopt a resolution approving a conditional use permit to import approximately 700 cubic yards of clean fill for the construction of a home at 2821 Nevada Avenue with the following conditions: 1. The site shall be developed in accordance with the official exhibits. 2. The equipment required for the delivery, placement and grading of the fill and excavation for the pond shall be operated only between the hours of 8 am and 9 pm, Monday through Thursday, and 8 am to sunset or 9 pm, whichever is later on Friday. 3. The trucks utilized for hauling the fill shall use Louisiana Avenue, 28th Street and Nevada Avenue for the trip to and from the site. 4. A copy of the permit from Minnehaha Creek Watershed District must be provided. 5. An erosion control permit must be secured from the City. 6. The land owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. A financial guarantee in an amount to be determined by the Public Works Department be submitted to guarantee that any damage to the streets be repaired, that the streets be cleaned in a manner and frequency as required by the city, and that erosion be managed and repaired as required by the city and the watershed district. 8. A maintenance agreement shall be entered into addressing, at a minimum, the construction and maintenance of the water retention area and the pump system. Attachments: Draft Resolution Map showing the truck hauling route Location map Building elevations Survey Draft Planning Commission Minutes Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening City Manager St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 5 RESOLUTION NO. 06-060 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PERMIT UP TO 700 CUBIC YARDS OF FILL AT 2821 NEVADA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Sergey Vladyka made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Zoning Ordinance for the purpose of placing approximately 700 cubic yards of clean fill on a property within the R-2 Single Family District to facilitate the construction of a single family home located at 2821 Nevada Avenue South, legally described as follows, to-wit: Lot 15, Block 2, High Holborn 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05-74-CUP) and the effect of the proposed application on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of the fill as proposed will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the application to place the fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05-74-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit up to 700 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. The equipment required for the delivery, placement and grading of the fill and excavation for the pond shall be operated only between the hours of 8 am and 9 pm, Monday through Thursday, and 8 am to sunset or 9 pm, whichever is later on Friday. St. Louis Park Council Meeting Item: 032006 - 8b - Conditional Use Permit 2821 Nevada Page 6 3. The trucks utilized for hauling the fill shall use Louisiana Avenue, 28th Street and Nevada Avenue for the trip to and from the site. 4. A copy of the permit from Minnehaha Creek Watershed District must be provided. 5. An erosion control permit must be secured from the City. 6. The land owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. A financial guarantee in an amount to be determined by the Public Works Department be submitted to guarantee that any damage to the streets be repaired, that the streets be cleaned in a manner and frequency as required by the city, and that erosion be managed and repaired as required by the city and the watershed district. 8. A maintenance agreement shall be entered into addressing, at a minimum, the construction and maintenance of the water retention area and the pump system. The Mayor and City Manager are authorized to execute this agreement Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 1 8c. City Engineer’s Report: Lake Street Reconstruction Project – City Project No. 2006-0100 This report considers the Lake Street Reconstruction Project scheduled for the 2006 construction season. As part of this project, reconstruction and rehabilitation work will also occur on Wooddale and Dakota Avenue between 33rd Street and Highway 7. Consideration of parking restrictions at certain locations along Lake Street is also requested. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 2006-0100, approving plans and specifications, and authorizing advertisement for bids. Motion to adopt the attached resolution authorizing the installation of parking restrictions at certain locations along Lake Street as part of the Lake Street Reconstruction Project, City Project No. 2006- 0100, and as required by the Minnesota Department of Transportation’s (Mn/DOT’s) State Aid Standards. Background: The segment of Lake Street from Minnetonka Boulevard to Walker Street has been identified in the City’s Capital Improvement Program for reconstruction in 2006. Included within the proposed reconstruction is Wooddale Avenue from Lake Street to T.H. 7 and Dakota Avenue from 33rd Street to Lake Street. The purpose of the project is to essentially replace the existing pavement and curb and gutter which has aged and is reaching the end of its serviceable life. Also proposed with the project would be improving pedestrian access and safety, including the completion of sidewalk on the northwest side of Lake Street, and lighting enhancements as needed. The proposed reconstruction design will also consider traffic calming techniques as may be applicable, removal of the traffic signal at Zarthan Avenue, desired parking needs and an appropriate width for the street. Analysis: The Engineering Staff has prepared plans and specifications for the Lake Street project. Lake Street will be reconstructed between Webster Avenue and Wooddale/Dakota Avenue. This work includes the complete removal and replacement of all pavement and curb and gutter. Lake Street from Wooddale/Dakota Avenue to Walker Street will have a mill and overlay treatment and minor curb and gutter work. As part of the plans for this project, Lake Street will be narrowed at most of the intersections to the side streets. The narrowing or creation of “bump outs” at each intersection is for traffic calming purposes and increased pedestrian safety. Between the intersections with “bump outs” parking bays will exist. However at certain locations along Lake Street the street is being narrowed without parking bays. The street narrowing at these locations will allow for the construction of a new sidewalk and will preserve mature bo ulevard trees. The new sidewalk will stretch from Brunswick Avenue east to Webster Avenue along the north side of Lake Street. The new sidewalk has been identified and included in this project in accordance St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 2 with the City’s Sidewalk and Trail Plan, previously adopted by the City Council. Other work included with the project is the installation of new street lights, fire hydrant replacement, minor storm sewer work, and the installation of underground conduit to support future fiber optic communication needs. As part of this project, staff is recommending to remove the traffic signal at Zarthan Avenue and Lake Street and replace it with four way stop signs. Staff has studied the recent history on accidents and traffic volumes at this intersection and has determined that the signal is not warranted according to today’s engineering standards. Removing the signal will save the city operation and maintenance costs while the four way stop signs will provide the proper traffic control and safety for a pedestrian crossing. Wooddale and Dakota Avenue will receive rehabilitation and reconstruction work as part of the project. Wooddale between Lake Street and Highway 7 will receive a mill and overlay treatment with minor curb repairs while Dakota will have all the pavement, curb and gutter, and sidewalk replaced. Work near the High School will be scheduled during the summer months to minimize disruptions. Staff has met with the High School Principal, Mr. Robert Laney, to discuss potential project impacts at the school. Staff will be communicating with High School Officials prior to the start of construction and during construction to allow for adjustments in their bus routes if needed. Because MSA funds will be used to pay for a majority of the project costs, it is necessary for Mn/DOT to review and approve the plans prior to construction. At this time, the City has received preliminary approval from Mn/DOT and upon minor revisions to our plans full approval of the project will be made. Traffic Impacts: The reconstruction work on Lake Street between Webster Avenue and Wooddale/Dakota Avenue will require the closure of the road to through traffic. Local traffic for residents in this area will be allowed. Detours will direct motorists around this area by way o f Minnetonka Blvd and Dakota Avenue. Lake Street between Wooddale/Dakota Avenue and Walker Street will be constructed under traffic. Similarly Wooddale between Lake Street and Highway 7 will also be constructed under traffic. It is likely that detours will be required during the construction of Dakota Avenue between 33rd Street and Lake Street. The route would likely direct motorists along the newly constructed Lake Street between Wooddale and Minnetonka Blvd. During the 2006 construction season, Mn/DOT is proposing a temporary build to widen Highway 100 between 36th Street and Cedar Avenue. This project will result in temporary closures at the Highway 7 and Minnetonka Blvd interchanges. As result of these closures, it will be necessary to redirect local traffic along detours on certain city streets like Minnetonka Blvd., Wooddale/Dakota Avenue and Louisiana Avenue. Staff has work closely with Mn/DOT staff to establish detour routes that will not adversely impact the local traffic in the area of our construction on Lake Street. During construction, staff will continue to work with Mn/DOT to address any traffic issues that may arise as result the access closures along Highway 100. St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 3 Impact on Private Property: The reconstruction of Lake Street between Minnetonka Blvd and Wooddale/Dakota Avenue will require that all driveway entrances onto Lake Street and onto Dakota Avenue be replaced. Short segments of driveway will also need to be replaced to match grades with the new driveway entrance. This work will require the contractor to enter onto private property. The city is in the process of securing right of entry permission from those affected properties. Two short portions of retaining wall will need to be constructed adjacent to the new sidewalk along Lake Street at Alabama and Zarthan Avenues. This work will also require the contractor to enter onto private property. No permanent easements are required to complete this project. Parking Restrictions: State Aid Projects are required to following certain design standards. One such standard is a minimum requirement for street width. At those locations where the street will be narrowed and parking cannot be accommodated, parking restrictions need to be imposed. This requires formal City Council action in the form of a resolution. Lake Street will be narrowed at three locations where parking restrictions need to be imposed. They are located along the north side of Lake Street from the extension of Colorado Avenue, just east of McDonald’s, running east to Alabama Avenue. Then along the north side of Lake Street from 60 feet east of 5700 to the west property line of 5726, except for a 60 foot stretch in front of 5700. Then along the south side of Lake Street between Walker Street and Library Lane. Private Utilities: All of the private utility companies have been contacted to inform them of the City’s proposed work plan and schedule. For those companies who may have buried utilities, staff has asked them to consider replacing any aging systems prior to our paving of the streets. Centerpoint/Minnegasco and Time Warner have responded with possible interest in replacing some of their underground utilities. Staff will continue to work with them to coordinate their work in conjunction with City construction. Public Process: Staff has conducted three public meetings with area residents and business owners for this project. The first meeting, held September 8th, was an informational meeting where staff presented various design concepts that could be incorporated into the reconstruction plans. At that meeting, residents provided feedback and other observations about the road and traffic operations that we took into consideration. With a low turn out of business owners at that meeting, staff held a special meeting for the businesses during the daytime hours on November 15. Again turn out was low with only four owners attending. Their concerns were mostly about the construction activities and how it would affect access to their businesses. When questioned about streetscape opportunities, they had little interest and did not support including it in this project. The last information meeting for the general public was held on December 15th where staff presented a preferred preliminary layout which addressed most of the comments received from those residents and business owners attending the previous meetings. There was no negative feedback on our preliminary layout. Final plans where then completed based on the preliminary layout. St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 4 Prior to the start of construction, area residents and business owners will be mailed notice of the scheduled start date. Once construction begins, weekly meetings will be held where residents and business owners may attend to voice any problems they may have as a result of t he construction and to receive schedule updates as the work progresses. Costs And Funding: The 2005/2006 CIP budgeted $1,424,916 for the reconstruction work along Lake Street and $177,840 for the work on Wooddale and Dakota Avenue. The estimated cost at this time, including 10% contingency and 8% engineering and administrative costs, is $1,988,120. The CIP budget is oftentimes estimated by applying an average unit cost based on the area of street that will be reconstructed. This was the case for this project. As a project is developed and becomes thoroughly scoped, additional work items are added to a project. With the Lake Street Project, some additional work items not included in the CIP budget were: the traffic calming element of the “bump outs” which added additional storm sewer work for the relocation of catch basins. The new street lights, new sidewalk and the retaining walls were also not accounted for in the initial budget. These items along with others that were underestimated results in the increased estimate. The increase in our current estimate from the CIP budget can still be funded within our State Aid budget. The following funding sources are anticipated: Funding Source Amount Municipal State Aid Fund $1,913,620 Water Utility Fund $30,000 Technology Replacement Fund $44,500 Total $1,988,120 Project Timeline: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met:  Approval of Plans/Authorization to Bid by City Council March 20, 2006  Advertise for bids March/April  Bid Opening April 20, 2006  Bid Tab Report to City Council; Award contract May 1, 2006  Construction May-September 2006 Attachments: Resolutions Project Map (Supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 5 RESOLUTION NO. 06 - 061 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2006-0100, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2006-0100 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the Lake Street Reconstruction Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the Lake Street Reconstruction Project within the city is hereby accepted. 2. The proposed project, designated as Project No. 2006-0100, is hereby established. 3. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 5. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 8c - Lake Street Improvements 2006 Page 6 RESOLUTION NO. 06-062 RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS AT CERTAIN LOCATIONS ALONG LAKE STREET AS PART OF THE CITY’S CONSTRUCTION PROJECT, C.P. NO. 2006-0100 AND S.A.P. NO. 163-281-007 WHEREAS, the “City”, has planned the improvement of Lake Street, State Aid Route No. 281, from Walker Street to Webster Avenue in the City of St. Louis Park, Minnesota; and WHEREAS, the “City” will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street at certain locations; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install “No Parking” restrictions for Lake Street in conjunction with its reconstruction at the following locations:  Along the north side of Lake Street from the extension of Colorado Avenue east to Alabama Avenue.  Along the north side of Lake Street from 60 feet east of 5700 to the west property line of 5726, except for a 60 foot stretch in front of 5700.  Along the south side of Lake Street between Walker Street and Library Lane. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 1 8d. Municipal Consent Request for Mn/DOT Trunk Highway 100 Temporary Lane Addition Project: State Project 2734-43 This report considers approval of the Minnesota Department of Transportation (Mn/DOT) request for Municipal Consent for this project. Recommended Action: Motion to approve the attached resolution approving the final design layout of the TH100 temporary improvement project. Background: At the September 26, 2005 Study Session, Mn/DOT staff presented to Council their plan to address increasing congestion on Highway 100 in SLP by making temporary improvements to the highway. In simple terms, their proposal consisted of removing the clover leaf at Highway 7 and Highway 100 and replacing it with a diamond interchange with traffic signals on Highway 7 at each ramp intersection (2); the shoulders of Highway 100 would be converted to carry mainline traffic so there could be three through lanes in each direction with limited merging areas for on and off traffic. Mn/DOT staff expressed the desire to obtain SLP approval during 2005 so this project could be designed and constructed during 2006. They presented a project schedule showing project tasks, the Municipal Consent Approval Process, and a construction staging plan. Council expressed concerns that the temporary improvements proposed by Mn/DOT might mean a delay in the major reconstruction project earlier proposed, as well as concerns over increased noise, air quality impacts, local traffic and infrastructure impacts, the potential for decreased safety, and liability to the City for approval of this interim project. Mn/DOT staff, Wayne Norris, P.E. and Tom O’Keefe, P.E., stated this project is essentially the first stage or phase in the eventual Highway 100 major reconstruction project – this work has to be done to facilitate or allow for that project to happen. It can either be done now or later on in conjunction with the reconstruction project. At the end of the Study Session, Council directed staff to communicate City concerns to Mn/DOT and request they be officially addressed. On August 29th, notice was published in the state Environmental Quality Board Monitor of the Mn/DOT Environmental Assessment Worksheet (EAW) for these temporary improvements to Highwa y 100. The 30 day comment period ran through Wednesday, September 28th. SLP staff has reviewed and submitted comments on the EAW. On November 1st, City Officials from the City of St. Louis Park and the City of Edina met with the Commissioner of Mn/DOT, Carol Molnau, to officially present the above noted concerns to Mn/DOT (copy attached). On November 2, City staff met with Mn/DOT staff to discuss the City concerns and what might be done to address them. Attached is the response we have received from Mn/DOT to these concerns. St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 2 On November 21st, the City of St. Louis Park received notice from Mn/DOT of a Negative Declaration regarding the need for an EIS for this proposed interim Hwy 100 project meaning this project does not have the potential for significant environmental effects and that an EIS is not required for these proposed improvements. Where potential environmental effects have been identified, they are being addressed in the detail design of the project or mitigative measures are being incorporated into the project design process. On November 22nd, Mn/DOT officially submitted (layout attached - Exhibit A) the interim project to the City of St. Louis Park to begin the Municipal Consent Approval process. As a result, on December 5th the City sch eduled a Public Hearing for January 17th for this project. Included with the Mn/DOT submittal on November 22nd was a crash analysis providing a before and after safety analysis for the interim project. The Mn/DOT analysis indicates this project will reduce overall crashes on this stretch of Hwy 100 by at least 20%. During December, staff reviewed the Mn/DOT submittal of November 22, particularly the construction staging plan. Based on that review, staff expressed concerns to Mn/DOT over possible traffic impacts to local streets during construction due to various planned ramp/lane closures. Staff prepared a memo with a layout for each of the planned stages for this project showing the streets that may possibly be impacted by traffic shifts during construction. Mn/DOT staff has prepared a work zone traffic control plan which attempts to prevent or minimize local traffic impacts. Regardless of the work zone traffic controls used by Mn/DOT, it is expected there will be traffic impacts to adjacent local streets and it is not possible to predetermine what they will be or how significant they may be. As a part of Mn/DOT’s work zone traffic control plan, they intend to use Minnetonka Boulevard (TH 100 – TH 169) as an official detour. This will delay the County bridge replacement project at the “Hutch Spur Regional Trail” to the summer of 2007. Council is reminded of the West Lake Street/Dakota Avenue/Wooddale Avenue project street reconstruction project planned for this year. Staff feels this project does not need to be delayed as a result of the TH 100 project. Traffic problems that may arise on this project will be responded to and mitigated as necessary. On January 12, 2006 Mn/DOT hosted an Open House meeting for this project. Approximately 150 people attended this meeting. Comments received by Mn/DOT at this meeting were provided to the Council at the Study Session of March 6. On January 17, 2006 the City Council held a Public Hearing at which Mn/DOT officials presented and explained their plans for the proposed project. Comments from interested residents, legislators, businesses, and others on the proposed project were captured in the Council meeting minutes. In conjunction with the Public Hearing, Mn/DOT submitted information in response to City concerns expressed late in 2005 regarding this project (Exhibit B). Since January 17, Mn/DOT staff has been working on completing final plans for the project and revising the computerized traffic model to be used for this project and the full build project. Final construction plans are expected to be completed and approved for use by March 17 – no changes St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 3 have been made from the concept plans presented to Council on January 17th. Traffic model revisions have just been completed and local street traffic data for an expanded area is being built into MN/DOT’s analysis/evaluation. A meeting with City and Mn/DOT staff has been scheduled for March 16th to review preliminary results of this effort. It is expected that traffic impacts associated with both the temporary and full build projects will be discussed at this meeting. Schedule: Based on a Mn/DOT update recently received, the proposed project is expected to proceed according to the attached schedule (Exhibit C). Municipal Consent Process: The following steps have been identified to respond to Mn/DOT’s Municipal Consent Request dated November 22, 2005: 1. Mn/DOT hosts an Open House Meeting - January 12, 2006 2. City conducts a Public Hearing - January 17, 2006 3. City to approve or disapprove the Mn/DOT request within 90 days of the Public Hearing or let the time period expire in which case it is deemed approved - April 17, 2006 Concerns / Issues: Mn/DOT has responded to concerns expressed earlier by the City (Exhibit B). According to Mn/DOT, some of those concerns can only be addressed by the full build project. The biggest concern heard expressed by residents, businesses, and Council members was a fear that this temporary project would end up being a long term fix. This does not seem acceptable to any of the interested parties including Mn/DOT staff. Mn/DOT will not guarantee the future full build project, but has designated the full build project as an “advanced design project” with the intent of having it ready for a 2009 letting should sufficient new funding become available. Mn/DOT will not be constructing noise walls with the interim project, but because noise levels exceed state standards they will not oppose the requirement that noise walls are to be installed no later than 2015. Finally, Mn/DOT staff has stated the bridges over this stretch of Hwy 100 have only an estimated remaining life of about ten (10) years. Based on the above, Mn/DOT staff feel Hwy 100 will have to be reconstructed (full build) within ten (10) years. Summary : The Council has until April 17, 2006 to either approve or disapprove of this project. If the Council does neither, then on April 17th the time period for action expires and the Mn/DOT project will be deemed approved. The attached resolution attempts to address concerns expressed by Council regarding the uncertainty of the future full build project in relation to approving the interim/temporary project . Attachments: Exhibit A – Final Layout – supplement (2 pages) Exhibit B (1 of 2) – Mn/DOT Memo from Tom O’Keefe (2 of 2) - Mn/DOT Submittals from Carol Molnau – Supplement Exhibit C - TH 100 Temporary Lane Project Schedule Exhibit D - Resolution Prepared By: Michael P. Rardin, P.E., Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 4 EXHIBIT B 1 of 2 State of Minnesota DRAFT OFFICE MEMORANDUM DEPARTMENT: Mn/DOT Metro Division DATE: December 29, 2005 TO: Mike Rardin Public Works Director City of St. Louis Park FROM: Tom O’Keefe West Area Manager PHONE: 651 582- 1296 SUBJECT: Highway 100 Mike, with this memo I’m responding to the concerns you identified in your memo of October 28 to Tom Harmening, City Manager which was shared with Mn/DOT on October 31 and which we discussed at our meeting of November 2. Our response must be consistent with our policy, particularly our Cooperative Agreement Policy. We have applied the policy to its practicable maximum extent. 1. Noise and Air Pollution – The modeling completed as part of the Environmental Assessment Worksheet for the interim project predicts minor increases in Carbon Monoxide concentration and only minor increases in noise. The Carbon Monoxide concentrations predicted are well below state standards. The noise levels existing and predicted do exceed state standards and we do plan to build noise walls with the full- build project. The noise wall locations proposed for the full-build project are either outside right-of-way currently owned by Mn/DOT or on right-of-way requiring re-grading with or without retaining walls. We are not proposing noise walls with the interim project. We would not oppose the City’s suggestion that our required Noise Exemption from the Minnesota Pollution Control Agency require that Noise Walls be built with a project let no later than 2015. St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 5 2. Flooding / Storm Water Quality – We are and will continue to coordinate with the City and with the Minnehaha Creek Watershed District on our drainage plans for this project. On the north end of the project we are adding less than 1/3 acre of impervious surface. We plan to treat this stormwater with grit chambers. On the south end of the project we add less than 2 acres of impervious surface which we intend to treat with water quality ponding. 3. Unnecessary Construction / Traffic Delays – The full-build project will include a reconstructed bridge carrying Highway 7 over Highway 100 resulting in new profiles on Highway 7. This work is not affordable and not needed for the interim project. The elimination of the loops at the Highway 7 interchange is needed for the early stages of the full- build project, this is accomplished with the interim project. 4. Traffic on Neighborhood Streets – We have hired a consultant to forecast traffic on local streets before and after the interim project. If that work predicts significant impacts we will work with the City to determine how to best address. Generally we would anticipate that the expanded capacity on Highway 100 will draw some trips off of local streets. Actual volumes may increase because of changes in development or other factors outside our control; however, MnDOT will work with the City to determine how to best mitigate impacts associated with actual unanticipated volume increases that are mutually agreed to have been caused as a result of the interim project. 5. Emergency Vehicle Access – The attached visualization demonstrates that the shoulders and adjacent berms proposed provide very similar shoulders and adjacent berms to what exists today. 6. Narrow Lanes Jeopardize Safety – Mn/DOT will conduct and provide the requested study as a part of the municipal consent submittal. 7. Legal Liability – To our knowledge a City has not been named in an accident claim on a State Highway as a result of their approval of a Mn/DOT project. If the City is sufficiently concerned and did not want to necessarily disapprove our project layout, they may choose to allow the municipal consent period to expire without action. 8. Lack of Public Process – Mn/DOT will hold additional open houses during the municipal consent process and in advance of construction next spring. We will respond to any recommendations by the City for additional public process. 9. Exit Ramp Flooding – Our project as proposed does include the fix recommended. 10. Deterioration of Utica Avenue – Our project does not impact Utica Avenue, participation in repairs is not allowed under our Cooperative Agreement policy. St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 6 11. Hardship to Nearby Homeowners – We share your goals for completion of the preliminary layout and plan to submit to the City for Council approval next fall. Based on the availability of Metropolitan Council Right-of-Way Acquisition Loan Funds and an Official Map of the full-build project, the purchase of homes required for the reconstruction project can proceed. Minnesota Statutes 2005, 473.167, subd. 2a. Hardship Acquisition and Relocation, which applies in this situation states; “Loans shall be in the amount of the fair market value of the homestead property plus relocation costs and less salvage value.” The acquiring authority, the City, will own these properties until the reconstruction project is nearing contract letting, at which time the properties shall be conveyed to “…the commissioner of transportation at the same price it paid, plus relocation costs and less its salvage value.” 12. Pedestrian Crossing Delay – Mn/DOT is able to fund construction of the piece of proposed trail lying on our right-of-way near the historic property immediately north of the RR tracks to Toledo Ave. 13. Long-term Solution Delayed – The Lt. Governor’s letter constitutes the extent of the commitment we are able to provide. MnDOT has designated the Highway 100 full-build project as an “advanced design project”. This means we will continue developing the project so plans are ready for letting in 2009 if sufficient new funding is available. 14. Timing of Highway 7/Wooddale Interchange – Mn/DOT supports the proposed Highway 7/Wooddale interchange. The extent of Mn/DOT’s financial participation will be determined by competitive processes for the programs identified. There are many candidate projects for limited funding. Some of the programs have all funds programmed through 2009 and beyond. Wayne Norris and I will work with the City to ensure this project competes as well as possible. 15. Additional Wear on Wooddale Avenue – If Wooddale Avenue is identified as an official detour for the Highway 100 project(s), it is eligible for restoration. At this point we have not determined if such a detour is necessary. St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 7 EXHIBIT C TH 100 Temporary Lane Project Schedule St. Louis Park City Council – March 20, 2006 Project Development / Implementation Schedule: EAW Comment Period – ended September 28, 2005 Mn/DOT Staff Approved Layout – November 2005 Project Plans Turn-in – February 2006 Advertise for Bids – March 20, 2006 Open Bids – April 28, 2006 Construction Start – May 15, 2006 • Stage 1 – May 2006 to June 2006 • Stage 2 – June 2006 to Aug. 2006 • Stage 3 – Aug. 2006 to Sept. 2006 • Stage 4 – late Sept. / early Oct. 2006 • Stage 5 – early Oct. 2006 Construction Completion – October 15, 2006 Municipal Consent Approval Process Schedule: • Access changes • Capacity increases or decreases • Acquisition of permanent rights-of-way City Council Work Session – September 26, 2005 Municipal Consent Package to City – November 22, 2005 City Schedules Public Hearing – December 5, 2005 Mn/DOT Open House – January 12, 2006 Public Hearing – January 17, 2006 City Council Work Session – March 6, 2006 City Council Meeting for Project / Plan Approval/Disapproval – March 20, 2006 (deadline of April 17, 2006) St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 8 EXHIBIT D RESOLUTION NO. 06-_____ MUNICIPAL CONSENT RESOLUTION APPROVING THE FINAL LAYOUT OF THE TRUNK HIGHWAY 100 TEMPORARY LANE ADDITION IN THE CITY OF ST. LOUIS PARK WHEREAS, the City Council of the City of St. Louis Park is the official governing body of the City of St. Louis Park; and WHEREAS, the City Council has carefully deliberated the merits of approving the TH 100 temporary improvement project and has solicited and received considerable public input on the project. WHEREAS, the Minnesota Department of Transportation will perform all preliminary and final design engineering for the temporary improvements on Trunk Highway 100 between Excelsior Boulevard and Cedar Lake Road including potential retaining wall(s), relocation of public utilities, right-of-way acquisition (Commissioner’s Orders), storm water improvements, intersections and interchanges improvements, and preliminary and final roadway plans; and WHEREAS, the Minnesota Department of Transportation will construct on State rights of way a pedestrian trail connection to the proposed pedestrian bridge over Hennepin County C.S.A.H. 25 in conjunction with the TH 100 temporary improvement project; and WHEREAS, the right-of-way costs for this project are part of the Minnesota Department of Transportation project; and WHEREAS, the Minnesota Department of Transportation and the City of St. Louis Park will work cooperatively toward the construction of the project; and WHEREAS, the City Council of the City of St. Louis Park authorizes City staff to work with the Minnesota Department of Transportation to make minor modifications to the final design layout for the TH 100 temporary improvement project; and WHEREAS, the City Council of the City of St. Louis Park is providing this approval based upon oral and written representations made by Mn/DOT regarding the temporary project and the “full build project” which include, but are not limited to, the following: • Mn/DOT has designated the TH 100 full build project as an “advanced design project. This means that Mn/DOT will continue developing the full build project so plans are ready for letting in 2009 if sufficient new funding is available. • The temporary improvement project is the first stage of the future TH 100 full build project tentatively scheduled for construction during 2015 or sooner. • The bridges crossing the subject stretch of TH 100 have a limited life expectancy and will require replacement within approximately 10 years. • Mn/DOT has agreed to install noise walls on the subject stretch of TH 100 no later than 2015 so as to come into compliance with state noise level standards. St. Louis Park Council Meeting Item: 032006 - 8d - TH 100 Interim Improvement Project Page 9 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Louis Park, based on the representations made by Mn/DOT as noted above, the studies which have been conducted, and the public input which has been received, hereby grants Municipal Consent approving the final design layout for the TH 100 temporary improvement project on TH 100 between Excelsior Boulevard and Cedar Lake Road. Reviewed for Administration: Adopted by the City Council March 20, 2006 City Manager Mayor Attest: City Clerk