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Home My WebLink About2006/04/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 17, 2006 7:30 PM 7:15 p.m. Board of Equalization 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 2a. Sharon Anderson’s Recognition 3. Approval of Minutes 3a. Study Session Minutes of March 13, 2006 3b. Study Session Minutes of March 27, 2006 3c. City Council Minutes of April 3, 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 granting an On-Sale Intoxicating Liquor License with Sunday sales for Collins Restaurant Group, Inc. dba Brix located at 4656 Excelsior Blvd. in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an on-sale intoxicating liquor license with Sunday sales to Collins Restaurant Group, dba Brix subject to the satisfactory background investigation of the prospective store manager. 6b. Public Hearing to consider granting an Off-Sale liquor license to Valley Wine & Spiritz, 8942 Highway 7 – Knollwood Village in St. Louis Park Recommended Action: Mayor to close the public hearing. Motion to approve an off- sale intoxicating liquor license for Valley Wine & Spiritz. 6c. Public Hearing on the Wellhead Protection Program This Public Hearing is to provide an opportunity for the public to offer comments on the City’s Wellhead Protection Program Recommended Action: Mayor to close the Public Hearing - No other action required 6d. 4200 Natchez Avenue South – Request for Vacation of a portion of the unbuilt Natchez Avenue South Case No.: 06-25-VAC Recommended Action: Mayor to close public hearing. Motion to adopt first reading of an Ordinance approving the Vacation of a portion of Natchez Avenue South and set second reading for May 1, 2006. 6e. 3300 Decatur Lane – Request for Vacation of a Utility Easement Case No.: 06-26-VAC Recommended Action: Mayor to close public hearing. Motion to adopt first reading of an Ordinance approving the Vacation of a Utility Easement and set second reading for May 1, 2006. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Renaming Stevens Drive to Westside Drive. Location: Stevens Drive Applicant: Westside Luther Companies Case No.: 06-23-ST Recommended Action: Motion to approve first reading of the proposed ordinance to rename Stevens Drive to Westside Drive and set second reading for May 1, 2006. 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Case No.: 06-02-CP and 06-03-S Recommended Action: Motion to adopt a resolution approving an amendment to the Comprehensive Plan from P – Park to RL – Low Density Residential for the property at 4525 Morningside. Motion to adopt a resolution approving Browndale Park Second Addition Preliminary and Final Plat 8c. 4200 Natchez Avenue South – Preliminary and Final Plat of Wooddale Park First Addition Case No.: 06-24-S Recommended Action: Motion to adopt a resolution approving Wooddale Park First Addition Preliminary and Final Plat 8d. Junior High Addition – Preliminary Plat with Variances to Lot Size and Maximum Driveway and Parking Area in Front Yard Location: 1650 Texas Avenue South Applicant: Parkway Development, LLC Case Nos.: 06-15-S and 06-16-VAR Recommended Action: Motion to adopt a resolution of denial for a variance to lot size and denial of a variance to the required maximum paved front driveway and parking area. Motion to adopt a resolution of denial for the proposed Preliminary Plat, as it does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 district. 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 April 17 , 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 approve second reading of an Ordinance to establish the Sungate One Housing Improvement Area, approve summary and authorize publication; to approve the Resolution to impose fees; and to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and the Sungate One Condominium Association. 4b. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $910,880.70 for the 2006 Local Street Improvement Project– City Project No. 2005-1000 4c. Motion to approve Amendment No. 1 to contract 48-05 providing additional Professional Services related to the Design and Construction Administration of Water System Back-up Power Supply for Water Treatment Plants 1 & 4, Improvement Project No. 2005-1500. 4d. Motion to approve Change Order No. 1 for Improvement Project No. 2005-1500, Installation of Water System Back-up Power Supply. 4e. Item was removed. 4f. Motion to accept Planning Commission Minutes of March 8, 2006 for filing. 4g. Motion to accept Planning Minutes of March 15, 2006 for filing 4h. Motion to accept Park And Recreation Minutes of February 15, 2006 for filing. 4i. Motion to accept Vendor Claims for filing. (supplement) St. Louis Park Council Meeting Item: 041706 - 2a - Sharon Anderson Recognition Page 1 RESOLUTION NO. 06-_______ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO SHARON ANDERSON WHEREAS, Sharon Anderson began her employment with the City of St. Louis Park 27 years ago on April 2, 1979; and WHEREAS, Sharon also provided service to the City for 1 ½ additional years, from April 11, 1977 to October 12, 1978; and WHEREAS, Sharon has worked diligently in the Community Development Department and St. Louis Park Housing Authority, moving from the position of Executive Secretary to Public Housing Manager; and WHEREAS, through her passion and dedication to her work in the areas of affordable housing and advocacy against discrimination, Sharon has earned the respect of peers, citizens, boards and commissions, and city council; and WHEREAS, Sharon has made many contributions in her commitment to the Hamilton House and family public housing residents; and WHEREAS, Sharon was presented the Spirit of St. Louis Park Award in 1997, recognizing her numerous contributions to her job and the community including her volunteer service with the Vital Aging Network, S.T.E.P., the YMCA, Meals on Wheels and Mother’s Against Drunk Driving; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Sharon Anderson for her great contributions and 27 years of dedicated service to the City of St. Louis Park and the St. Louis Park Housing Authority and wish her the best in her retirement. Reviewed for Administration: Adopted by the City Council April 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 3a - Study Session Minutes Mar. 13, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION March 13, 2006 The meeting convened at 7:02 p.m. Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Staff present: Deputy City Manager (Ms. Gohman); Director of Finance (Ms. McGann); Assistant Finance Director (Ms. Bursheim); Accounting Manager (Mr. Swanson); Accountant (Ms. Monson); Accountant (Mr. Simon); Community Development Director (Mr. Locke); Economic Development Coordinator (Mr. Hunt); Planning and Zoning Supervisor (Ms. McMonigal); and Recording Secretary (Ms. Samson). Guest: David Bacille from PFM Asset Management. 1. Investments The purpose of this discussion is to review current investment practices and discuss the utilization of a professional money manager to maximize investment yields. Mr. Bacille, a representative from PFM Asset Management LLC, has been invited to speak tonight. PFM Asset Management LLC is devoted exclusively to providing investment advice and portfolio management of funds for state and local governments. Mr. Bacille discussed investment management and described the process. Councilmember Basill asked if fees are set. Mr. Bacille responded that brokers do make a razor thin profit. Councilmember Basill asked about the expense ratio on funds. Mr. Bacille said a broker will not make more than a basis point. Councilmember Finkelstein asked if the firm would receive rebates. Mr. Bacille said no, and commented that arbitrage would be separate. Director of Finance Jean McGann said with this service, the city would not be in arbitrage. Councilmember Sanger suggested the city find a municipal entity to make comparisons. Mr. Bacille said PFM tracks returns and compare them to a treasury index. Councilmember Carver said it would only make sense to pursue utilizing a professional money manager if it would pay off or at least break even. In addition to Ms. McGann’s time, two additional staff members could also work on investing. Ms. McGann said PFM would be required to be conservative. Ms. McGann asked the Council what they would like to do. It was the consensus of the Council to utilize the services of a professional money manager. St. Louis Park Council Meeting Item: 041706 - 3a - Study Session Minutes Mar. 13, 2006 Page 2 2. Preliminary 2007 Budget Ms. McGann distributed a power point presentation regarding the city’s budget. Ms. McGann reported that PERA rates will increase. She and staff would like to equalize pay between exempt and non-exempt employees. Ms. McGann said the city can increase franchise fees, however, Xcel and Centerpoint Energy must be raised the same amount otherwise they cancel each other. Ms. McGann asked Council what areas staff should look at. Councilmember Finkelstein asked what will happen with Bass Lake and the fire station. Councilmember Sanger would like to see accounting for sanitary storm sewer. Ms. McGann said it is accounted for in the CIP. Councilmember Sanger would like to add more resources to community development. She asked: What will be done with the seven million dollars in pension? Councilmember Paprocki commented that some seniors can’t afford the taxes on their homes. Councilmember Sanger asked about city help for strapped seniors. 3. Top 10 Future Development Areas Planning and Zoning Supervisor Meg McMonigal discussed the staff report, which begins the process of identifying and prioritizing areas of the city for which redevelopment pressures may exist or occur in the future such that proactive planning may take place. Community Development Director Kevin Locke urged Council to keep the Elmwood Area, Park Commons (including Park Nicollet, Wayside House and the Bass Lake site) in mind. He asked: What would Council like to do? Councilmember Sanger responded that the city needs to be proactive in regard to development and redevelopment. A role for community development would be to help gain information and understanding, i.e., to speak to the property owners. Mr. Locke said he thinks that would be a good idea. Councilmember Carver said there is a lot of residential interest in Texa-Tonka. Mr. Locke discussed the city’s comprehensive plan. Ms. McMonigal asked if staff could look at large areas as opposed to site by site. Councilmember Omodt asked: Would it be beneficial if community development had additional staff? Is the city passing up good things due to a shortage of community development staff? There was discussion regarding the Duke area, and Council and staff discussed what if scenarios. The Duke area will be discussed in greater detail at an upcoming study session very soon. Mayor Jacobs asked: What does northern St. Louis Park want for redevelopment? Mayor Jacobs is not so concerned about the rankings in the staff report. Councilmember Carver said market forces dictate but Council can influence. Councilmember Paprocki said the staff rankings make sense; the city could be a clearinghouse for redevelopment. Councilmember Sanger said community development needs more staff. Mayor Jacobs is anxious to see the Visioning Process. Councilmember Finkelstein said it would be good to do this every year. St. Louis Park Council Meeting Item: 041706 - 3a - Study Session Minutes Mar. 13, 2006 Page 3 4. Historic/Architecturally Significant Housing and Architectural Design Guidelines— Council Policy Councilmember Sanger requested the Council discuss historic housing, architecturally significant housing and architectural design guidelines. Councilmember Sanger led the discussion. She would like to develop guidelines for exteriors and have guidelines available for residents. Councilmember Sanger said the preservation of historic housing can add character to a neighborhood and help reinforce a sense of community history. Councilmember Basill would like to explore historic and architecturally significant housing and architectural design guidelines. Mayor Jacobs said he has trepidations about standards, but Councilmember Sanger said guidelines. Councilmember Omodt would like to pursue discussion regarding recommendations for historic and architecturally significant housing; however, architectural design guidelines would be tough. Councilmember Finkelstein added that perhaps the city could make guidebooks more available, guidelines are not adequate. Councilmember Carver is interested in pursuing historic and architecturally significant housing, however, historic housing would need to be defined. Councilmember Carver said it is worthwhile to preserve Frank Lloyd Wright homes in St. Louis Park. The consensus of the Council is to direct staff to pursue historic housing and architecturally significant housing. Deputy City Manager Nancy Gohman will talk to City Manager Tom Harmening about Council’s directive. 5. Paperless Agenda Councilmember Carver requested the Council consider directing staff to research the feasibility of creating and disseminating agendas to the Council and others electronically. Councilmember Carver said paperless is really paper reduction. His goal is to reduce waste. Councilmember Paprocki favors paperless. Councilmember Sanger would rather read from hard copy but she is willing to move forward and try paperless. She asked how attachments would be handled. Ms. Gohman said it would take some time for a paperless agenda to become user friendly. Councilmember Finkelstein said he would like to see it as an option. Councilmember Carver asked Council if a paperless agenda is worth looking into? Council replied in the affirmative—at least look at it. To reduce waste and expense, Councilmembers said they don’t need color, they don’t need plastic and they don’t need vendor claims. St. Louis Park Council Meeting Item: 041706 - 3a - Study Session Minutes Mar. 13, 2006 Page 4 6. Future Study Session Agenda Planning Councilmember Omodt requested that Police Chief John Luse attend the March 27th study session. Councilmember Omodt and Mayor Jacobs would like to have the Chief’s opinion. The meeting adjourned at 9:30 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION March 27, 2006 The meeting convened at 7:01 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); Police Chief (Mr. Luse); Police Captain (Mr. Ortner); Community Connections Specialist (Ms. McDonell); Organizational Development Coordinator (Ms. Gothberg); Director Technology and Support Services (Mr. Pires); Civic TV Coordinator (Mr. Dunlap); Community TV Coordinator (Mr. McHugh); and Recording Secretary (Ms. Samson). Guests present: Brian Shorten, Senior Associate, SRF Consulting Group and Andrew Mielke, Senior Transportation Planner, SRF Consulting Group. Bill Morris, Decision Resources and Peter Letherman, Decision Resources. Human Rights Commissioners: Ahmed Maaraba (Chair), Matt Armbrecht (Vice Chair), Karmit Bulman, Kristi Rudelius-Palmer, Joseph Polach, and Mindy London-Greene. Telecommunications Commissioners: Rick Dworsky (Chair), Ken Huiras (Vice Chair), Bruce Browning, Dale Hartman, and Bob Jacobson. Vision Outcomes Committee Members: Bridget Gothberg, Larry Karkela, and Mark Schwartz. 1. Whistle Quiet Zone Public Works Director Mike Rardin introduced Brian Shorten and Andrew Mielke from SRF Consulting Group. Mr. Rardin asked if Council would like to discuss safety. Mr. Rardin pointed out that there are no safety problems with vehicles and trains at crossings. He said from a crash or accident perspective, nothing stands out. Mr. Rardin and City Manager Tom Harmening recommend improvements be done on the east/west zone #3 (from page 2 of the staff report). There is a pedestrian safety piece at the Wooddale Avenue and Beltline Blvd. crossings. A pedestrian crossing with medians could be done on an interim basis in conjunction with the whistle quiet zone (WQZ). Mr. Rardin said Council might want to do east/west #3 for a variety of reasons. Councilmember Finkelstein asked for an explanation of each of the options listed on page 2 of the staff report. Councilmember Sanger said option #1, north is a “no-go,” which has been discussed previously with neighbors in her ward. The issues for Councilmember Sanger are: What are we hoping to accomplish with a WQZ and why do we want to do this? St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 2 Mayor Jacobs said the issue is not so much about safety necessarily; it is about not waking people up at 3:00 a.m. Councilmember Sanger said if 28th Street is closed, people will not be able to get out of the neighborhood. The tracks are above grade which causes cars to get stuck, and they want it fixed. Brian Shorten said SRF looked at over 30 options and broke it down to seven, and then broke it down into three areas, i.e., east/west, north and south. For the north area, SRF recommends option 7; for the south area, SRF recommends option 8; and for the east/west area, SRF recommends option 3. Councilmember Sanger asked how Mr. Rardin identified who to special assess. Mr. Rardin said in a WQZ, assessment is similar to a water district but based on the amount of noise—the closer one is to the tracks, the larger the benefit. Councilmember Finkelstein asked, what are we trying to fix? Councilmember Carver asked, is there a net benefit for the money being spent? Councilmember Sanger said she still gets complaints about train noise, and Councilmember Basill said switching remains a noise concern. Councilmember Basill said the Rail Road Task Force talked about leveraging (he and Councilmember Sanger were members of that task force) and he thinks the city has a realistic shot of pushing the Regional Railroad Authority and light rail to reciprocate, and not at an expense to St. Louis Park residents. Mr. Harmening said he thinks that has possibilities, but the city might have to wait for awhile, perhaps 10 years or more to leverage those dollars. Councilmember Sanger said it might make sense to put WQZ in the CIP for several years out. The city could get a handle on light rail and feedback from the community. She said the Cedar Lake Road crossing would not be impacted by displaced rail, so perhaps that should be considered sooner. Mr. Rardin remarked that a WQZ is required to be ½ mile in length. Mr. Mielke said Cedar Lake Road is one of the most important east-west streets and gates would bring it up to a pre- requisite minimum of safety, but it would not be part of an initial quiet zone immediately. Councilmember Sanger would like to research how much rail traffic will go north to Camden. The question to Council is: What to do? Councilmember Carver said do nothing right now. Councilmember Sanger asked for medians for pedestrians and bikers, and Mr. Rardin said that is the intention. Mayor Jacobs, Councilmember Basill, and Councilmember Finkelstein want to go for east/west, option 3. Councilmember Paprocki asked if $80,000 is a good use of money at this location. He added that people at the Utica crossing have been struggling with bad tracks for a long time. Mr. Harmening summarized: Wait to work on significant WQZ projects in St. Louis Park because we may be able to leverage the work through an LRT project; and some want to move forward with east/west, option 3. Mr. Harmening suggested WQZ be tied into the CIP for now and discuss possible implementation for a later date. St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 3 2. Telecommunications Commission 2005 Annual Report Chair Dworsky introduced himself. Chair Dworsky said in 2005 the franchise renewal did work. He discussed the 2006 Telecommunications Work Plan. In 2006, the Telecommunications Commission will revisit the fiber optic ordinance. Councilmember Sanger asked Chair Dworsky if he sees a role for the Commission in helping the Council evaluate WiFi. Chair Dworsky said the Commission could help conduct a hearing, i.e., passing pertinent information to the Council and conduct surveys regarding cost and satisfaction. Civic TV Coordinator Reg Dunlap demonstrated web streaming. As of March 20, 2006 City Council meetings may be watched on the city’s website. Mr. Dunlap said the cost of the web streaming software and all of its features is about $100 per month. There was discussion regarding the sending and receiving of emails during meetings. Councilmember Carver suggested the City Attorney review what the state of the law is in regard to technologic changes. Web streaming could become the official record as opposed to the typed version. Mayor Jacobs said archived written minutes date back to about the 1890s. 3. Vision St. Louis Park Outcomes and Indicators 5 Year Report Current members serving on the Vision Outcomes Committee are: Roger Isreal (Chair), Barb Person, Bridget Gothberg, Larry Karkela, Linda Saveraid and Mark Schwartz. Many have served on the committee for more than 10 years. Mr. Schwartz presented background on Vision St. Louis Park. The committee’s job has been to monitor and take the data from the most recent survey (2005) and tie it to the outcome indicators. The results are being presented tonight. Mr. Schwartz thanked Martha McDonell, Community Connections Specialist, for a job well done. Bill Morris, Decision Resources, said the study contains the results of a telephone survey of 400 randomly selected residents of the city of St. Louis Park. Survey responses were gathered by professional interviews across the community between October 25th and November 19, 2005. The average interview took 29 minutes. In general, random samples such as this yield results that can be projected to the entire universe of adult St. Louis Park residents within ± 5.0 percentage points in 95 out of 100 cases. Mr. Morris compared the 2000 and 2005 studies. He said there is no mega issue in St. Louis Park. Mayor Jacobs said it is the accumulation of little things that brings down the house of cards, and that concerns him. When participants were asked, What do you think is the most serious issue facing the community today? 12% responded high taxes compared to 3% in the 2000 survey. Councilmember Basill asked about participants’ responses regarding multi-type family housing units. Mr. Morris said intolerance for apartments and condos has risen since the 2000 study. Mr. Morris said there is some disconnect taking place within the community. St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 4 Councilmember Sanger asked: What do we know about changes in the demographic composition of our community between 2000 and 2005, and to what extent do demographic changes tend to account for some changes in responses to the questions? Mr. Morris replied there are ward differences in the subgroups. Ward 4 tends to be the most connected and Ward 1 less connected. Mayor Jacobs is most concerned about the indicator regarding the perception of the direction of the city. Mr. Morris said he cautions his client cities to be more aggressive in communications when citizens become unsure in their rating of Mayor/City Council—but for St. Louis Park the disapproval of Mayor/City Council is just 6% and 32% responded unsure. Mr. Schwartz said, overall, the percentages indicate that St. Louis Park looks positive as a community. He said gains have been made in the business community. Mr. Schwartz asked: What is important for the Council to address? Mayor Jacobs said the 2005 Survey of City Residents is the most valuable information. Councilmember Sanger would like to get the most recent demographics for St. Louis Park, i.e., who lives here. Councilmember Finkelstein said it is available on the web from the State Demographic Center. 4. Human Rights Work Plan and Ordinance Information 2006-2007 Community Connections Specialist, Martha McDonell, introduced the Human Rights Commissioners. Commissioner Bulman began the discussion. She said the Human Rights Commission surveyed St. Louis Park residents, and one in ten of those surveyed said that increased diversity in St. Louis Park is a negative thing, therefore, efforts need to be made toward education and outreach; and an ordinance separating city duties versus federal duties would be important. Commissioner Bulman said the Human Rights Commission met with St. Louis Park city directors to get their input and the Commission would like feedback from the Council. Councilmember Paprocki asked for a distinction between perception and bias. Mayor Jacobs said Bookmark in the Park is taking place again this year and the theme is immigration. Mayor Jacobs would like to have a community-wide discussion about immigration. Councilmember Finkelstein is torn in regard to the Equal Access/City Separation ordinance, and he asked why now is a good time to do this and what problems have there been in St. Louis Park? Commissioner Bulman said it offers educational value. Councilmember Finkelstein asked, what is the problem to be fixed? Commissioner Bulman said the Commission is aware that immigrant battered women are hesitant to call the police because they fear they will be reported to the INS; there are no specific reports from within St. Louis Park. The ordinance would educate residents and city staff. St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 5 Councilmember Basill would like to see testimonials from St. Louis Park in order to identify an issue, education is very important. Councilmember Basill does not want to discard tools in place. He asked: What would be solved with an ordinance? Commissioner Kristi Rudelius- Palmer said it would convey leadership, to demonstrate that St. Louis Park values the full community in terms of civil rights, non-discrimination in this city and that they are valued as human beings, documented or undocumented. Councilmember Carver said it sounds as though the concerns are education issues. Would the ordinance change anything? Councilmember Carver referred to the St. Louis Park City Charter Preamble and core values of the St. Louis Park Police Department. Perhaps the goal is best achieved through education. Councilmember Sanger favors going forward with the process; the concept is good and worth pursuing. Councilmember Paprocki said it is policy not ordinance. Commissioner Mindy London-Greene said she does not support an ordinance but she supports the education side of it. Mayor Jacobs said an ordinance is not the tool; he would like to have more discussion. Mayor Jacobs would like some Human Rights Commissioners to attend the Bookmark in the Park meeting and get involved with the immigration project. Councilmember Omodt asked Police Chief Luse for comment. Chief Luse said he worked on the legislative committee for the Minnesota Chiefs of Police Association (MCPA). The MCPA’s position is that the governor’s initiative to ban the safe harbor ordinances were opposed by the MCPA, as they thought it was bad law, and it should be left to local control and local political bodies, which is what we are here tonight. Chief Luse asked: Is there a need for a local ordinance or policy? It doesn’t occur to his police officers to ask anyone if he or she is illegal or not. Chief Luse said St. Louis Park police officers are told that immigration status is not a concern to them. Chief Luse offered for people to ride along with police officers, read police documents and talk to the police about their practices. Councilmember Finkelstein asked about police dispatchers and education. Chief Luse said they would benefit from greater education. Mr. Harmening summarize: We are interested in a policy to clarify the Council’s thinking on this; Chief Luse would like to have some flexibility in special circumstances from a law enforcement perspective; Council said the Police Advisory Commission should be included in the conversation, as well as the school district, therefore, Council is asking the Human Rights Commission to return with language the Council can consider in a policy statement. Councilmember Basill said everyone is on the same page in respect to the education piece. He said we must have the education component. Councilmember Finkelstein requested the police dispatchers be included in the educational component and make more tools available for the police department. St. Louis Park Council Meeting Item: 041706 - 3b - Study Session Minutes Mar. 27, 2006 Page 6 Commissioner Rudelius-Palmer distributed a booklet entitled “This is My Home.” She would like to participate in the Mayor’s Bookmark in the Park project. 5. Future Study Session Agenda Planning Mr. Harmening and the Council discussed study session agenda planning. The meeting ended at 10:08 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 3, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Councilmember C. Paul Carver was absent. Staff present: City Manager (Mr. Harmening), City Assessor (Mr. Stepnik), City Attorney (Mr. Scott), Finance Director (Ms. McGann), Housing Program Coordinator (Ms. Larsen), Planning/Zoning Supervisor (Ms. McMonigal), Public Works Operation Superintendent (Mr. Hanson), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2b. Bruce Stepnik’s Recognition Resolution No. 06-070 Mayor Jacobs presented Resolution No. 06-070 recognizing Bruce Stepnik’s nearly 28 years of service. Mr. Stepnik appreciated his time working with the City. Ms. McGann and Mr. Harmening also thanked Mr. Stepnik. 3. Approval of Minutes 3a. Study Session Minutes of February 13, 2006 Councilmember Finkelstein indicated on page two in the third paragraph from the bottom, it should state “…they believed they could not do it without TIF”. Councilmember Sanger believed they said they could probably do it without TIF. Mr. Harmening indicated staff would review the tape to verify wording. Councilmember Paprocki indicated the following should be inserted on page three after the third paragraph, “Councilmember Paprocki noted there are several faiths being represented and the Council was not endorsing a single religion.” The minutes were approved as corrected. 3b. Study Session Minutes of February 27, 2006 The minutes were approved as presented. St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 2 3c. City Council Minutes of March 6, 2006 The minutes were approved as presented. 3d. City Council Minutes of March 20, 2006 Councilmember Sanger indicated on page seven, five lines from the bottom it should read, “MnDOT told them there were no eleven foot lanes on freeways in the Metro area.” The minutes were approved as corrected. 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. 4b. Approve Resolution No. 06-069 establishing a special assessment for the installation of a fire suppression sprinkler system at 5551 West Lake Street, St. Louis Park, MN 55416. 4c. Bid Tabulation: Designate Concrete Idea, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $40,569.00 for Alley Improvement Project – 2900 Block Ottawa/Princeton Avenue, City Project No. 2005-1800. 4d. Bid Tabulation: Designate ELXSI d/b/a CUES as the lowest responsible bidder and authorize the purchase of a Closed Circuit Color Television Inspection System for $118,200.00. Councilmember Paprocki requested item 4a be moved off the consent agenda to 8b. Mr. Harmening noted both appeals from the Board of Zoning Appeal decision had been withdrawn (item 6b). The Council was not required to take further action, but the item would remain on the agenda. It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 6-0. St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 3 5. Boards and Commissions 5a. Appointment of Citizen Representatives to Boards and Commissions It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to appoint: Commission Appointed Member Term Expires CEAC - Community Education Advisory Commission Shirley Zimmerman June 30, 2008 HRC - Human Rights Commission -Youth Greg Asche December 31, 2008 HRC - Human Rights Commission Jason Van Burne December 31, 2008 PRAC - Park & Recreation Advisory Commission - Youth Julian Brown December 31, 2008 The motion passed 6-0. 6. Public Hearings 6a. Public Hearing on Sungate One Condominium Association Housing Improvement Area Ms. Larsen presented the staff report. Mayor Jacobs opened the public hearing. Jamie Movik, Sungate One Condominiums President, stated support for the Housing Improvement Area and noted they did not want to continue with special assessments and felt this would be more manageable. Don Westerlund, 2551 Alabama, stated he opposed the Housing Improvement Area (HIA) and had concerns about spending money they didn’t have to for a new water line when it may not be in needed. Ms. Larsen replied the scope of work had been discussed and they had been informed one water line was nearing the end of its age limit. Replacing it would be the proactive approach. The HIA process was started by the association. Mayor Jacobs closed the public hearing. Councilmember Sanger congratulated the association for getting to this point. This was a good plan to help the association, and to help meet some of the City goals. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein to adopt first reading of an ordinance to establish the Sungate One Housing Improvement Area and to set Second Reading for April 17, 2006. Councilmember Basill asked why the association had been turned down for traditional financing? Ms. Larsen replied they had no collateral because they didn’t own the property and it was difficult for an association to get financing. Councilmember Finkelstein believed this was a good use of City stewardship. The motion passed 6-0. St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 4 6b. Public hearing to consider two appeals of the Board of Zoning Appeals decision on three variances for property at 4611 Excelsior Blvd. Location: 4611 Excelsior Boulevard, Applicant: Daniel LeSage, Case No.: 06-10-VAR Ms. McMonigal indicated both appeals had been withdrawn in writing. The parking variance was denied by the Board of Zoning Appeals and the revised building layout shows parking could be met on the site without a variance. The applicant withdrew the appeal. The neighbor withdrew the other appeal, based on no coffee roasting at the Dunn Bros. site. Mayor Jacobs asked about the revised plan. Ms. McMonigal said the interior layout and square footage of the uses determines the amount of parking. The applicant now meets the parking with 16 spaces because Dunn Brother’s Coffee square footage was reduced and wouldn’t have the roasting on-site. Much of the yoga studio was locker rooms and restrooms, which also reduced the amount of parking needed. Mayor Jacobs opened the public hearing. Patrick McGrann, 4615 Excelsior, stated parking spaces are important. Today they reached an understanding with Mr. LeSage and welcomed him to the neighborhood. Mayor Jacobs closed the public hearing. Ms. McMonigal indicated the applicant could proceed with building and site improvements. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Request by Ted Bigos for a Conditional Use Permit to allow for the export/import of over 400 cubic yards of soil for property at 1351 and 1361 Hampshire Ave. Case No. 06-13-CUP Resolution No. 06-068 Mr. Walther presented the staff report. Councilmember Sanger asked if the building at 1351 Hampshire was being demolished? Mr. Walther replied no. Councilmember Sanger asked about the potential for contaminated soil under that building. Mr. Walther replied there may be polluted soil under that building. It was only a concern if the soil was going to be disturbed. In areas with impervious surface, the impervious surface prevents groundwater filtration through the soil. St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 5 It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger to adopt Resolution No.06-068 approving a Conditional Use Permit to allow for the excavation/fill of more than 400 cubic yards of soil at 1351 and 1361 Hampshire Avenue, with conditions. The motion passed 5-0 (Councilmember Omodt stepped out of the room). 8b. Sidewalk Snow Removal Enforcement Policy Resolution No. 06-071 Councilmember Paprocki stated concerns about hiring two seasonal employees who could become full time, including benefits. He was trying to be cost sensitive because this could vary widely. He also had concerns about what triggered the inspection, when people needed to shovel and about rental properties with enforcement. Mayor Jacobs stated the Council had debated this and asked if there were other suggestions, because there was not an easy answer to this. Councilmember Paprocki didn’t want to spend $20-40,000 on a “good guess”. He saw problems with how this would play out. Councilmember Sanger agreed this was not a perfect solution, but they had tried many approaches, which hadn’t worked. She was willing to try this and see how much it would cost and if they had to make changes later, they could. Snow removal is the property owner’s obligation, not the renters. She suggested language be inserted in the resolution that, “the cost of snow removal be assessed back to the property owner.” Councilmember Omodt didn’t believe any city in Minnesota had come up with a perfect solution. They needed to have faith in the people that ran the City and Public Works to do the best they could. They can keep trying to get to a better solution and this was a step in the right direction. It was right to keep looking at this, but there are a lot of unknowns when dealing with the weather. Councilmember Finkelstein agreed, that they had dealt with this for a long time. Two years ago they changed their snow removal policy to require the removal from two inches to three inches, which saved the City approximately $250,000. They were talking about spending some money now. They have had complaints that some people were not shoveling their walks and they need to have an inspection system. He didn’t want to make it too costly. A 100% inspection system wouldn’t work and they should try the 25% system and have it in place by the next winter season and make changes if necessary. Mayor Jacobs noted it may be enforced only 25% of the time, but people should know inspections would be done. He was sensitive to the cost as well and hoped they got what they were paying for. They had been trying to find a better way of getting sidewalks cleared. Mr. Harmening clarified they were expecting the new cost to be up to $20,000, that included inspections and staff time to abate the nuisance. Mr. Hanson added if they were to abate the snow, the cost would be assessed to the resident. The $20,000 would be staff costs for doing inspections. Removal would be done by contract and assessed. St. Louis Park Council Meeting Item: 041706 - 3c - City Council Minutes Apr. 3, 2006 Page 6 Mr. Harmening noted staff would have to do a lot of education this summer and during the winter on expectations of people to keep their sidewalks cleared. Councilmember Basill indicated they received many calls about this issue, but they shouldn’t minimize the cost. He requested the Council consider this be brought back after a year to be studied and to look at an analysis of the costs. Mayor Jacobs agreed and also wanted to know if sidewalks were being shoveled better. Councilmember Paprocki stated what bothered him was that it was open-ended. They still had the possibility of having full-time positions created and there could be staff concerns with enforcement and if it would be effective. Mayor Jacobs had the same concerns and clarified what they were approving was not turning this into full-time positions. Councilmember Finkelstein noted they couldn’t evaluate it until they tried it. It was moved by Councilmember Basill, seconded by Councilmember Sanger to adopt Resolution No. 06-071 approving the Sidewalk Snow Removal Enforcement Policy with the understanding that after one year this be brought back to Council with staff analysis. Councilmember Sanger made a friendly amendment that the following be inserted at the end of the sixth bullet point, “with the cost to be assessed to the property owner.” Councilmember Basill accepted the friendly amendment. The motion passed 5-1, with Councilmember Paprocki opposed. 9. Communications Mr. Harmening stated the Lions Club Pancake breakfast would be held Sunday at the Junior High School, 8 AM – 1 PM. Mayor Jacobs reported the 6th Annual Youth Summit was held last Thursday and was very successful. He thanked the event organizers. 10. Adjournment The meeting adjourned at 8:28 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 1 4a. Motion to approve second reading of an Ordinance to establish the Sungate One Housing Improvement Area, approve summary and authorize publication; to approve the Resolution to impose fees; and to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and the Sungate One Condominium Association. Background: On April 3, 2006, the Council held a public hearing to establish Sungate One Condominium Association as a Housing Improvement Area (HIA). The association petitioned the City to establish the area for the purpose of financing needed common area improvements. A loan of $183,844, at 5.9% interest rate with a 10-year term would be repaid by fees imposed upon unit owners. Fees would be payable with real estate taxes over a 10 year period beginning in 2007, or owners may opt to prepay the assessed fee prior to the defined date of November 20, 2006. The hearing was attended by 13 of the 20 Sungate owners and the Association president spoke in support of creation of the HIA. One owner stated that he did not agree that the water line replacement was necessary, and added unnecessary cost to the project. Staff noted that the property management company, contractor and city utility superintendent did recommend replacement, and the improvement was approved by the Board to be included in improvements to be covered under the HIA. The City Council approved the first reading of an ordinance to establish Sungate One HIA by a 6-0 vote and scheduled the second reading for April 17, 2006. The staff report for the April 3, 2006 public hearing provides detailed background info and is attached. This report will cover actions required to implement the HIA. Ordinance Establishing the Sungate One Housing Improvement Area The ordinance establishes a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. The ordinance documents the process and provides the finance tool for common area improvements. Significant issues addressed in the ordinance are: • The City’s goal to maintain and preserve City’s housing stock and stabilize neighborhoods. • A majority of owners filed a petition requesting a public hearing regarding establishment of the HIA. • The association has documented that without establishment of the HIA, the common area improvements could not be made. • A public hearing was conducted on April 3, 2006. The City is required to publish a summary of the ordinance (attached) and mail the ordinance summary to owners of all units within five days of adoption of the ordinance. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 2 Resolution to Impose Fees This document ensures that the City meets statutory requirements of imposing fees to unit owners for repayment of the association loan. The key issues are: • Fees will be imposed based on ownership percentage of units and will be payable beginning in 2007. Unit owners have been notified of their individual liability. • Fees will be payable with real estate tax payments. • The process for prepayment of fees by owners is described. • A written objection process allows individual owners to file an objection of inclusion in the area and subjection of fees. • A veto period follows the adoption of the ordinance, where 35% of the owners, or 35% of tax capacity, may file written objections. When this occurs the statute requires that the HIA not be granted. The City is required to mail a summary of the resolution to owners of all units within five days of its approval along with a notice of the veto process. City of St. Louis Park Economic Development Authority Internal Loan Fund Resolution The loan to the association would be an internal loan using the City/EDA Development Fund, rather than issuing bonds. The resolution formalizes the loan mechanism and includes: • A method of segregating loan funds from City funds by establishing a project fund. • Total loan amount is $183,844. $170,120 for construction, $10,000 for administrative, legal, financing, and inspecting architect fees, and $3,764 for capitalized interest prior to receipt of fee revenues. • 10-year term, 5.9% interest, accrual begins January 1, 2007. • Disbursement will be made to association upon written certification that items proposed for payment are complete and necessary. Contract for Private Development The City would enter into the Contract for Private Development with the Sungate One Condominium Association after the 45 day veto period expires. Staff is working with Kennedy & Graven, Association Board members and Gassen Property Management and their attorney regarding final revisions. Kennedy & Graven has prepared the attached Summary of Contract for Private Development as an overview of the agreement. Major business points of the agreement are: • Association will provide ongoing financial reports & records for term of the loan • Association will provide its assets in the form of dues, fees, assessments and covenants as security to the City • Association will retain a replacement reserve fund of at least $75,000 for the term of the loan. • Association will retain professional property management for the term of loan. • Association will ensure improvements are completed according to specific requirements. • Monies will be disbursed as work is verified by City representatives as being completed. • Association will provide notice of fee to perspective buyers. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 3 Recommendation: Staff recommends that the following three actions are approved for the implementation of the housing improvement area project: 1. Motion to approve second reading to adopt ordinance to establish the Sungate One Condominium Association Housing Improvement Area, approve summary and authorize publication. 2. Motion to approve resolution to impose fees. 3. Motion to authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and Sungate One Condominium Association. Attachments: Ordinance establishing the Sungate One HIA Summary of Ordinance for publication Resol. approving a Housing Improvement Fee for the Sungate One HIA Notice to residents of Sungate One Condominiums regarding the HIA and imposition of fees Economic Development Resolution to establish internal loan fund Kennedy & Graven summary of Contract for Private Development April 3, 2006 staff report Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 4 ORDINANCE NO. 2313-06 AN ORDINANCE ESTABLISHING THE SUNGATE ONE HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. BE IT ORDAINED by the Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Chapter 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. The City has determined a need to establish the Sungate One Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Sungate One Condominiums” all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Sungate One Condominium Association (the “Condominium Association”) and with residents in the Sungate One Housing Improvement Area regarding the establishment of the Sungate One Housing Improvement Area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12, owners of at least 25 percent of the housing units within the Sungate One Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on April 3, 2006 conducted a public hearing, duly noticed in accordance with the Ch. 428A.13, regarding adoption of this ordinance at which all persons, including owners of property within the Sungate One Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Sungate One Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Sungate One Condominium Association. 2.04. The Council further finds that designation of the Sungate One Housing Improvement Area is needed to maintain and preserve the housing units within such area. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 5 2.05 The City will be the implementing entity for the Sungate One Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Sungate One Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (the criteria are listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these criteria were met, including: presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Sungate One Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Sungate One Housing Improvement Area contains 20 housing units as of the date of adoption of this ordinance, along with other garage units and common area. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Sungate One Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Sungate One Housing Improvement Area: Replacing water line from curb stop to buildings; repairing lawn and landscaping from water line work; removing and replacing existing fence for water line work; removing and replacing 3 concrete patios for water line work; replacing middle walkway with asphalt side walk; removing and replacing various sidewalk segments; removing and replacing existing stoop ( 3 each); replacing water heaters 1 building (no floor replacement); replacing boilers in 3 buildings; replacing roof on North garage building; replacing driveway and parking lot / with striping; replacing lighting / poles, reusing existing wire feeds (5 each); removing and replacing 3 water softeners; removing and replacing parking lot fence; and tree trimming and landscaping. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Sungate One Housing Improvement Area; and St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 6 (c) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (d) interest on the internal loan as described in Sections 5.04 and 6.01. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Ch. 428A.14, impose a fee on the housing units within the Sungate One Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 5.02. The Housing Improvement Fee shall be imposed on the basis of each owned housing and garage unit's Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Sungate One Condominium, dated as of September 10, 1979. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 10 years after the first installment is due and payable. 5.04. Housing unit owners shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Housing Improvement Area Loan. 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, the Council may begin disbursement to the Condominium Association the proceeds of an internal loan (the “loan”) of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Housing Improvement Act. Section 7. Annual Reports. 7.01. On August 15, 2006 and each August 15 thereafter until there are no longer any outstanding obligations issued under the Housing Improvement Act in connection with the Sungate One Housing Improvement Area, Sungate One Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 7 7.02. The Condominium Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Sungate One Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Sungate One Housing Improvement Area file a written objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Ch. 428A.13. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. First read at a regular meeting of the Council of the City of St. Louis Park held on April 3, 2006 and finally read, approved and adopted and ordered published at a regular meeting of said Council on April 17, 2006. Jeff Jacobs, Mayor ATTEST: Nancy Stroth, City Clerk St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 8 EXHIBIT A TO ORDINANCE NO. 2313-06 Legal Description Of The Underlying Land – Sungate One Condominiums Apartment No. 2557, Condominium No. 114, Sungate One Condominium, located in Hennepin County, Minnesota. Located on the following described land: Lots 1 and 2 And the West 45 feet of the East 227.28 feet of the North 80 feet of Lot 3, all in Block 1, Parkaire Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. According to the declaration of apartment ownership and attached by-laws filed as document No. 1303141 on the 9th day of November, 1978, Files of the Registrar of Titles. Which apartment is restricted for residential purpose as more fully set out in said declaration; Subject to the provisions of Minnesota Condominium Act, Minnesota Statutes Chapter 515, and acts amendatory thereof. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 9 SUMMARY ORDINANCE NO. 2313-06 AN ORDINANCE ESTABLISHING THE SUNGATE ONE HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. This ordinance establishes the Sungate One Housing Improvement Area, which is the area legally described on Exhibit A of the Ordinance, and specifies the "Housing Improvements" that will be constructed in Sungate One Housing Improvement Area and financed with the Housing Improvement Fee. This ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution, but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 20, 2006, it will be payable over 10 years. • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. This ordinance provides that at any time after the City has entered into a contract with the Sungate One Condominium Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. This ordinance requires that Sungate One Condominium Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. This ordinance shall take effect 45 days after the date of adoption (June 1, 2006) unless owners of at least 35 percent of the housing units in the Sungate One Housing Improvement Area file an objection with the City Clerk prior to that effective date. Adopted by the City Council April 17, 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: St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 10 CITY OF ST. LOUIS PARK RESOLUTION NO. 06-072 RESOLUTION APPROVING A HOUSING IMPROVEMENT FEE FOR THE SUNGATE ONE HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council (“Council”) adopted a Housing Improvement Area policy on July 16, 2001. 1.03. By Ordinance No. 2313-06 adopted April 17, 2006 (the "Enabling Ordinance"), the Council established the Sungate One Housing Improvement Area in order to facilitate certain improvements to property known as the "Sungate One Condominiums," all in accordance with the Housing Improvement Area policy. 1.04. In accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the Sungate One Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Sungate One Housing Improvement Area. 1.05. The Council has on April 3, 2006, conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this resolution at which all persons, including owners of property within the Sungate One Housing Improvement Area, were given an opportunity to be heard. 1.06 The Council finds that the Sungate One Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), including the criterion that a majority of the condominium association owners support the project and the Housing Improvement Area financing. 1.07. Prior to the date hereof, Sungate One Condominium Association (the "Condominium Association") has submitted to the City a financial plan prepared by Reserve Data Analysis, an independent third party, acceptable to the City and the Condominium Association, that provides for the Condominium Association to finance maintenance and operation of the common elements in the Sungate One Condominiums and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Act. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 11 1.08. For the purposes of this Resolution, the terms "Sungate One Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housing Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Sungate One Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of each housing unit and garage unit’s Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Sungate One Condominium, dated as of September 10, 1979, and as shown under the heading Undivided Ownership in that Exhibit. 2.02. The owner of any housing unit in the Sungate One Housing Improvement Area may prepay the Housing Improvement Fee in total and without interest thereon between the effective date of this resolution and November 20, 2006. The amount of the prepayment is shown under the headings Total Prepayment Fee in Exhibit A. After November 20, 2006, the Housing Improvement Fee shall be imposed on an annual basis as described in 2.03, and housing unit owners shall be permitted to prepay the outstanding principal portion, with accrued interest at the rate of 5.90%, on any date. If a prepayment is made by November 20 of 2007 or any subsequent year, the amount must include interest on the outstanding principal portion of the fee through the end of that calendar year. If a prepayment is made after November 20 of 2007 or any subsequent year, the amount must include interest through the end of the following calendar year. Partial prepayment of the Housing Improvement Fee shall not be permitted. Prepayment must be made to the City Treasurer. 2.03. If the Total Prepayment Fee is not paid between the effective date of this resolution and November 20, 2006, the Housing Improvement Fee shall be imposed as an annual fee, in the amount shown under the heading Annual Fee in Exhibit A. The Housing Improvement Fee shall be imposed in equal installments, beginning in 2007, for a period no greater than 10 years after the first installment is due and payable. The Annual Fee shall be deemed to include interest on the unpaid portion of the total Housing Improvement Fee. Interest shall begin to accrue on January 1, 2007 at an annual interest rate of 5.90% percent per annum. 2.04. Unless prepaid between the effective date of this resolution and November 20, 2006, the Housing Improvement Fee shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and 428A.05. As set forth therein, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 2.05 A de minimis fee may be imposed by Hennepin County for services in connection to administration required in order for the fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 12 Section 3. Notice of Right to File Objections. Within five days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Sungate One Housing Improvement Area: a summary of this Resolution; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Sungate One Housing Improvement Area file a written objection with the City Clerk before the effective date of this Resolution; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 4. Effective Date. 4.01. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing of Housing Improvement Fee. 5.01. The City Clerk shall file a certified copy of this resolution together with a final update of Exhibit A hereto to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county for taxes payable in 2007 and thereafter. Approved by the City Council of the City of St. Louis Park this 17th day of April, 2006. Reviewed for Administration: Adopted by the City Council April 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 13 EXHIBIT A TO RESOLUTION NO. 06 -072 Undivided Ownership Percent of Dues Structure Annual Fee for 10 Years Total 10 Year Fee Total Prepayment Fee 0.05% 100% $1,305 $13,055 $9,194 St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 14 NOTICE TO RESIDENTS OF SUNGATE ONE CONDOMINIUMS REGARDING SUNGATE ONE SUNGATE ONE HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE On April 17, 2006, the City Council of the City of St. Louis Park adopted Ordinance No. 2313-06, establishing the Sungate One Housing Improvement Area, and Resolution No 06-072 imposing a housing improvement fee to finance various housing improvements in that area, all pursuant to Minnesota Statutes, Chapter 428A.11 to 428A.21 (the "Act"). Owners of more than 25 percent of the housing units in Sungate One Housing Improvement Area filed petitions with the City Clerk requesting a public hearing regarding both the ordinance and the fee resolution. The public hearings for the ordinance and the fee resolution were held on April 3, 2006. Within 5 days after adoption of the ordinance and the resolution, the City is required under the Housing Improvement Act to mail this notice to owners of each housing unit in the affected area. Following is a summary of the ordinance and the resolution, and some important information about your rights as an owner of a housing unit in Sungate One Housing Improvement Area. SUMMARY OF ORDINANCE NO. 2313-06 Affected Area: The ordinance establishes Sungate One Housing Improvement Area, which is the area legally described on Exhibit A. Housing Improvements: The ordinance specifies the "Housing Improvements" that will be constructed in Sungate One Housing Improvement Area and financed with the Housing Improvement Fee. Those improvements are defined as follows: Replacing water line from curb stop to buildings; repairing lawn and landscaping from water line work; removing and replacing existing fence for water line work; removing and replacing 3 concrete patios for water line work; replacing middle walkway with asphalt side walk; removing and replacing various sidewalk segments; removing and replacing existing stoop ( 3 each); replacing water heaters 1 building (no floor replacement); replacing boilers in 3 buildings; replacing roof on North garage building; replacing driveway and parking lot / with striping; replacing lighting / poles, reusing existing wire feeds (5 each); removing and replacing 3 water softeners; removing and replacing parking lot fence; and tree trimming and landscaping. Housing Improvement Fee: The ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements. The fee is set by a separate City Council resolution (see below), but the ordinance lays out the ground rules on how the fee will be determined. Those rules are summarized as follows: • The fee will be imposed based on each unit's percent of undivided ownership interest, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Sungate One Condominium. • The fee may be prepaid according to the terms set forth in the resolution. • If the fee is not prepaid by November 20, 2006, it will be payable over a period of 10 years. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 15 • The fee will be collected at the same time and in the same manner as property taxes. • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the fee. Financing: The ordinance provides that at any time after the City has entered into a contract with the Sungate One Condominium Association for construction of the Housing Improvements, or after work has been ordered, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Annual Report: The ordinance requires that Sungate One Condominium Association submit audited financial statements to the City each year while there are outstanding obligations issued under the Act. SUMMARY OF RESOLUTION NO. 06-072 Fee Imposed: The resolution describes the total Housing Improvement Fee for each housing unit, which is based on that unit's percentage share of ownership interest in the Sungate One Condominiums. The total cost of the Housing Improvements is: $183,844, including administrative costs. The annual fee per unit is $1,305.00, as shown on Exhibit A to the resolution. Prepayment: The fee may be prepaid in total, without interest, before November 20, 2006, after which it may be prepaid in total in an amount equal to outstanding principal plus accrued interest. Prepayments made before November 20 of 2007 and subsequent years must include accrued interest through year end of the current year, while prepayments made after November 20 of 2007 and subsequent years must include accrued interest through year end of the following year. Annual Payment: For housing unit owners who do not prepay the fee before November 20, 2006, an annual fee will be imposed beginning in 2007 for a period no greater than 10 years. The fee will include interest on an internal loan made by the City at a rate of 6.00%, beginning in January of 2007. County Fee: An additional fee of less than $5.00 may be imposed by Hennepin County for administrative services in order for the fee to be made payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes. NOTICE OF RIGHT TO FILE OBJECTIONS Housing unit owners subject to the housing improvement fee have a right to veto either the ordinance, the fee resolution, or both if owners of at least 35 percent of the housing units within Sungate One Housing Improvement Area file an objection with the City Clerk before the effective date of the ordinance or the resolution. The key dates are as follows: Ordinance and Resolution adopted: April 17, 2006 Resolution and Ordinance effective and veto objections filing deadline: June 1, 2006 City deadline to prepay fee in total without interest: November 20, 2006 St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 16 FURTHER INFORMATION Copies of Ordinance No. 2313-06 and Resolution No. 06-072 are on file with City Clerk for public inspection (The fee for each unit is attached as Exhibit A to the resolution). If you have questions about the Sungate One Housing Improvement Area or the housing improvement fee, contact Kathy Larsen, Housing Program Coordinator, at 952-924-2196. Dated: April 17, 2006 St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 17 EXHIBIT A TO NOTICE TO RESIDENTS OF SUNGATE ONE CONDOMINIUMS REGARDING SUNGATE ONE SUNGATE ONE HOUSING IMPROVEMENT AREA AND HOUSING IMPROVEMENT FEE Legal Description Of The Underlying Land – Sungate One Condominiums Apartment No. 2557, Condominium No. 114, Sungate One Condominium, located in Hennepin County, Minnesota. Located on the following described land: Lots 1 and 2 And the West 45 feet of the East 227.28 feet of the North 80 feet of Lot 3, all in Block 1, Parkaire Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. According to the declaration of apartment ownership and attached by-laws filed as document No. 1303141 on the 9th day of November, 1978, Files of the Registrar of Titles. Which apartment is restricted for residential purpose as more fully set out in said declaration; Subject to the provisions of Minnesota Condominium Act, Minnesota Statutes Chapter 515, and acts amendatory thereof. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 18 CITY OF ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 06-11 AUTHORIZING AN INTERNAL LOAN FOR ADVANCE OF FUNDS IN CONNECTION WITH HOUSING IMPROVEMENTS WITHIN THE SUNGATE ONE HOUSING IMPROVEMENT AREA BE IT RESOLVED by the City of St. Louis Park Economic Development Authority follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes Chapter 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. The St. Louis Park City Council adopted a Housing Improvement Area policy on July 16, 2001. 1.02. In order to facilitate Housing Improvements to property known as the "Sungate One Condominiums," the Council on April 17, 2006, established the Sungate One Housing Improvement Area by Ordinance No. 2313-06 (the "Enabling Ordinance") and approved a Housing Improvement Fee (the “Fee”) by Resolution 06-072. 1.03 For the purposes of this Resolution, the terms "Sungate One Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. 1.04. The City has approved a Development Agreement (the “Agreement”) between the City and the Sungate One Condominium Association (the “Association”) under which the City will make a loan of City funds (the “Loan”) to the Association to finance the Housing Improvements as described in the Agreement. 1.05. On the effective date of Sungate One Housing Improvement Area Ordinance, the City will transfer City funds in the amount of $183,844 (the “Loan Amount”) from any account or accounts determined by the City Finance Director into a Sungate One Housing Improvement Area Project Fund (the “Project Fund”) hereby established. The City will disburse funds in the Project Fund to the Association in accordance with Article III of the Agreement, and will reimburse itself from the Fee revenues together with any amounts received from the Association under the terms of Section 6.6 of the Agreement. 1.06. The City has determined to specify the terms of the Loan in more detail in this resolution. Section 2. Repayment of the Loan Amount. 2.01. The Loan Amount, together with interest at the rate of 5.90% per annum accruing from January 1, 2007, shall be repaid in semi-annual installments of principal and interest ("Payments") on the dates (each a “Payment Date”) and in the amounts specified in Exhibit A hereto. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 19 2.03. Payments on the Loan Amount will be made solely from Fee Revenues as defined in the Agreement, together with any amounts received from the Association under Section 6.6 of the Agreement. Payments shall be applied first to accrued interest, and then to unpaid principal. 2.04. The principal sum and all accrued interest payable under this resolution is pre- payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under Exhibit A. 2.05. The Housing Improvements are evidence of an internal borrowing by the City, which is a limited obligation payable solely from Fee Revenues pledged to the payment hereof under this resolution together with any amounts received from the Association under the terms of Section 6.6 of the Agreement. The internal loan for the Housing Improvements shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City of St. Louis Park. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Loan Amount or other costs incident hereto except out of Fee Revenues. The City shall have no obligation to pay any principal amount of the Loan Amount or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The City Finance Director is authorized and directed to determine the fund(s) or account(s) from which monies are drawn for disbursements of the Loan Amount, and to credit repayments under this to the relevant fund(s) or account(s). 2.07. City staff and officials are authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. 2.08. The City may at any time determine to forgive the outstanding principal amount and accrued interest on the Loan Amount to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon execution in full of the Agreement. Approved by the City of St. Louis Park Economic Development Authority this 17h day of April 2006. Reviewed for Administration EDA Executive Director EDA President Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 20 SUMMARY OF CONTRACT FOR PRIVATE DEVELOPMENT By and Between City of St. Louis Park and Sungate One Condominium Association 1. The City’s Role and Obligations • Upon receipt of petitions from 25% of the owners of housing units in the Sungate One Condominium Association, the City gave proper notice by mail and publication, held a public hearing, established by ordinance the Sungate One Housing Improvement Area, and imposed by resolution a Housing Improvement Fee to fund needed Housing Improvements. • The City agreed to finance the Housing Improvements through an Internal Loan, the proceeds of which would be disbursed to the Association upon expenditure and proper notice to the City. • The City will apply Housing Improvement Fee revenues to repay the Internal Loan obligation. • The City will furnish the Association with a certificate of completion of the Housing Improvements upon conclusive determination by the City Building Official of the Association’s satisfaction of the covenants of the Agreement. 2. The Association’s Role and Obligations • The Association will construct the improvements in accordance with the approved construction plans and all local, state, and federal laws and regulations, including both environmental and energy-conservation laws and regulations. • The Association will obtain all permits, licenses and approvals and meet all legal and regulatory requirements which must be obtained or met before the improvements may be constructed. • The Association shall maintain stipulated insurance coverage during construction and until the maturity date of the Internal Loan. • The Association shall complete construction by December 31, 2006, subject to Unavoidable Delays as defined. 3. Internal Loan • The City will make an internal loan of $183,844 with $170,120for disbursement to the Association for construction of the Housing Improvements, $10,000 for administrative costs, legal fees, financial advisor, and inspecting architect’s fee, and $3,764 as a carrying fee to reflect the estimated cost to the City of loan interest through December, 2006, prior to receipt of the fee revenues. • The terms of the loan will be established by an Internal Loan Resolution that establishes a Project Fund, fixes the interest rate at 5.90%, with accrual beginning January 1, 2007, and provides for deposit of the principal on the effective date of the resolution. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 21 • In the event that Fee Revenues exceed the Internal Loan payments or remain after payment in full of the Internal Loan, the City may, in its sole discretion: prepay principal due on the Internal Loan; by resolution of the Council specify additional housing improvements and establish a Supplemental Project Fund for disbursements; by resolution of the Council disburse the funds to the Association for deposit into a Replacement Reserve Fund with a separate Excess Revenue Subaccount, to be expended only for housing improvements approved by the City; or any combination of these. • If net Fee Revenues available for debt service on the Internal Loan are less than the amount due, the Association will within ten days of notice pay the amount of such deficiency, and failure to do so shall entitle the City to exercise its remedies in Events of Default. • Disbursements to the Association shall require written certification that items proposed for payment are necessary and not paid for already, that remaining funds are sufficient to complete the Housing Improvements, and that the current balance in the Association’s Replacement Reserve Fund is at least $75,000. 4. Miscellaneous • The City makes no warranty regarding the Housing Improvements. • The Association indemnifies and defends the City for claims related to the project. • The Association will provide a Financial Plan prepared by a Management consultant every year until maturity of the Internal Loan, and a report by an Independent engineer describing the physical conditions of the property and Housing Improvements in 2008, 2010 and 2015. • The Association shall keep stipulated records and make these available to the City for inspection, keep the property and Housing Improvements in good repair, and at all times prior to maturity of the Internal Loan keep $75,000 in the Replacement Reserve Fund. • The Association provides its assets, in the form of dues, fees, and assessments, and covenants, as security to the City. • The Association agrees to maintain its existence and not to assign its rights, interests, or obligations during the life of the Internal Loan. • The Association agrees to use its best efforts to provide notice of the Housing Improvement Fee to prospective buyers or transferees of the housing units. • The property manager shall be Gassen Property Management Company. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 22 6a. April 3, 2006 Public Hearing on Sungate One Condominium Association Housing Improvement Area The Sungate One Condominium Association has petitioned the City Council to hold a public hearing to consider an ordinance to establish the Sungate One Housing Improvement Area (HIA) and a resolution approving a housing improvement fee for the Sungate One Housing Improvement Area Recommended Action: Mayor to close Public Hearing. Motion to adopt first reading of an ordinance to establish the Sungate One Housing Improvement Area and to set Second Reading for April 17, 2006. Background: The housing goals of Vision St. Louis Park, the City’s Economic Development Strategic Plan, the goals established from Housing Summit 2004 and the City’s Comprehensive Plan include promoting and facilitating a balanced and sustainable housing stock and ensuring that all housing is safe and well maintained. The City is implementing a comprehensive strategy to preserve and enhance the single family detached homes, multifamily buildings, and neighborhoods. The HIA tool addresses the aging owner-occupied townhouse and condominium housing stock. Construction and conversion of townhouses and condominiums, which comprise 12% of the City’s housing stock, began in the 1970’s. The City’s Comprehensive Plan notes that “there is a concern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future.” The Council adopted the HIA Policy in June 2001 and established the City’s first HIA for the Cedar Trail Condominiums in 2002. State Statute authorizes cities to establish HIAs as a finance tool for private housing improvements. An HIA is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. This tool is similar to the commercial special service district tool which we currently use on Excelsior Blvd. Sungate One Condominiums. Sungate One is located at 2551-2619 Alabama Ave S, see location map. The four single-story, five-unit buildings were constructed in 1968 as rental and converted to condominiums in 1978. All units are identical in size and features. The units are primarily owner occupied. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 23 On March 13, 2006, the City Council received an analysis of the Sungate One Condominium’s preliminary application for establishment of a Housing Improvement Area. On March 20, 2006 the Sungate One Condominium Association submitted fifteen signed petitions requesting the City Council to conduct a Public Hearing for the purpose of establishing an HIA and imposing fees. State Statute requires that petitions be received from at least 25% of the owners and the City’s policy requires that petitions be received from a majority of owners. There are twenty owners at Sungate, and the fifteen signed petitions represent 75% of owners. Analysis of Sungate One Application The following analysis is intended to describe how the proposal meets the City HIA policy and intentions of the statute. The preliminary application has been received and favorably reviewed by staff and the City’s financial advisor, Ehlers and Associates. 1. The Association contracted with a third party to conduct a reserve study. The Association has worked with Gassen Company, a property management firm, since June 2002. The Association believes they have benefited from the direction provided by Gassen, including a reserve study conducted by Reserve Data Analysis in October 2005. The study includes a physical needs assessment, twenty year capital improvement plan and a financial analysis of the current and projected financial situation. Based on the physical assessment, Gassen Company compiled a scope of work, which has been reviewed and approved by the membership. The goal of the HIA loan is to make needed improvements while building up reserves for the future. The reserve study indicates that projected association fee increases will meet the projected future costs and that the Association will be capable of funding future needs with their reserves. 2. Project Costs. The construction estimate is $170,120 and includes the following improvements: replacement of water line from curb to buildings and associated work, partial replacement of sidewalks, replacement of some water heaters, boilers, a garage roof, and improvements to the driveway, parking lot, lights, sidewalks and stoops plus miscellaneous landscaping. The estimates are based on bids that have been received and reviewed by Gassen Management. These improvements are consistent with HIA guidelines in that they are common area improvements and improvements integral to the operation of the buildings. The total loan amount would be $183,884 to cover all project costs, see table below. The loan would include the fee to be paid to the City along with funds to cover the City’s legal and advisory costs. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 24 Table 1. Project Costs Sungate One HIA Project Costs Construction Costs $170,120 City Admin Fee $5,000 Legal Fees $2,500 Financial Advisor $1,500 Construction Oversight $1,000 Capitalized Interest $3,764 Total $183,884 3. HIA and City Goals The proposed improvements meet the City goals in that they will result in the upgrading of the existing housing stock in a neighborhood, stabilization of the owner-occupancy level within the association, and preserve existing housing stock. 4. Additional Statute and City Policy Criteria. The Sungate One proposal meets the following critical statutory and City Policy requirements. • The project is in accordance with the Comprehensive Plan and Zoning Ordinances. • A majority of owners support the project, 15 of 20 signed petitions requesting a public hearing. This number reflects 75% of the units. • The unit's average market value meets policy criteria in that it does not exceed the maximum home purchase price of existing homes under the State's first time homebuyer program which is $279,000 in 2005/6. The 2005 estimated market value of the units is $121,000 and a unit recently sold for $140,000. • The basis for imposition of fees is consistent with dues structures as prescribed in the Association By-Laws. • The Association has demonstrated that without the HIA, improvements could not be made. The Association has provided documentation from Wells Fargo and M & I Bank, that financing improvements without adequate collateral requires conditions of high interest rates and balloon payments, which in turn would result in onerous assessments to residents. • The Public Hearing requirements are being met. • A written objection process allows individual owners to file an objection to inclusion in the area and subjection of fees. • A veto period of 45 days follows the adoption of the ordinance, where 35% of the owners, or 35% of tax capacity, may file written objections. When this occurs the statute requires that the HIA not be granted. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 25 5. Financing and Loan Terms The loan to the association would be an internal loan, using City/EDA Development Funds, rather than issuing bonds. The use of the Development Fund for the internal loan meets the Fund’s policy criteria. An internal loan resolution will be drafted to formalize the arrangement. The City’s Finance Director and City Assessor are involved in structuring the loan and ensuring assessment procedures are followed. A Development Agreement with the Association will ensure that the loan is secured by Association Assets, defined as dues, fees, assessments and other income owing to the Association from unit owners. The table below outlines the loan terms. Owners will have the option to prepay prior to the fees being assessed and avoid interest costs. Fees will be payable with property taxes beginning in 2007. Table 2. Loan Terms Project Costs $170,120 Capitalized Interest $3,764 Soft Costs $10,000 Total Loan Amount $183,884 Term (years) 10 Average Interest Rate 5.90% Average Annual Debt Service $24,866 Required Coverage (105%) $26,109 Total Units 20 Cost/Unit - Annual $1,305.45 Cost/Unit - Monthly $108.79 Average Assessment - Per/Unit $9,194.20 Recommendation: Motion to adopt First Reading of an Ordinance to Establish the Sungate One Housing Improvement Area and to set Second Reading for April 17, 2006. Next Steps: Staff will continue to work with Kennedy & Graven, Ehlers and Associates and the Association Board to finalize a Development Agreement and Internal Loan Fund Resolution. The Economic Development Authority will consider an Internal Loan Fund Resolution on April 17, 2006. St. Louis Park Council Meeting Item: 041706 - 4a - Sungate One Housing Improvement Area Page 26 The Second Reading of the Ordinance will be scheduled on April 17, 2006, at which time the Council would: adopt a Fee Resolution, approve an Ordinance to Establish the HIA, and approve the Development Agreement. Attachments: Sample Petition Public Hearing Notice Ordinance Establishing the Sungate One Housing Improvement Area Resolution Approving a Housing Improvement Fee for Sungate One HIA Prepared By: Kathy Larsen, Housing Programs Coordinator Reviewed By: Kevin Locke, Community Development Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 4b - Bid Tab 2006 Street Improvement Page 1 4b. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $910,880.70 for the 2006 Local Street Improvement Project– City Project No. 2005-1000 Background: Bids were received on April 6, 2006 for the 2006 Local Streets Improvement Project. This is the second year for implementing the City’s new Pavement Management Program. Work for this year’s program will occur in the Minikahda Oaks, Wolf Park, Minikahda Vista and Browndale Neighborhoods. The streets selected for work will have their existing asphalt pavement removed and then replaced with a new asphalt surface. Other work associated with the project includes drainage system repairs. A total of seven (7) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on March 16 and 23, 2006, and in the Construction Bulletin on March 17 and 24, 2006. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Hardrives, Inc. $910,880.70 Northwest Asphalt,Inc $930,349.19 FPI Paving Contractors, Inc. $968,839.84 C.S. McCrossan Construction $985,211.50 Midwest Asphalt Corporation $1,015,979.72 Valley Paving, Inc $1,016,443.23 Bituminous Roadways,Inc $1,098,794.25 Engineer’s Estimate $958,962.20 Evaluation of Bids: Staff has reviewed all of the bids submitted and has tabulated the results. From the review, staff recommends Hardrives, Inc. as the lowest responsible bidder. Hardrives is a reputable contractor that has worked for the city before and has successfully completed contracts. Financial Considerations: His project was included in the Capital Improvement Program (CIP) with an estimated cost of $901,626. Although the cost of this year’s project is above the CIP budget, it is still within the overall multi-year budget for the program. All funding for this project will come from the Pavement Management Fund. Construction Timeline: The work is anticipated to begin in late May or early June. All of the project work is expected to be completed by mid-August. Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Michael P. Rardin, Director of Public Works Scott Brink, City Engineer Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 4c - Amendment No. 1 To Contract 48-05 Page 1 4c. Motion to approve Amendment No. 1 to contract 48-05 providing additional Professional Services related to the Design and Construction Administration of Water System Back-up Power Supply for Water Treatment Plants 1 & 4, Improvement Project No. 2005-1500. Background: The City Manager executed a contract on April 15, 2005 with TKDA in the amount of $43,600 for design and construction administration services related to the installation of emergency generators to supply back-up power at Water Treatment Plants 1 & 4 (WTP 1 & 4). Additional Information: The original contracts and design for Improvement Project No. 20051500 called for the installation of a new emergency generator outside WTP 4. Since that project was designed and construction started, the large dehumidifier at WTP 4 failed and it is being replaced with four smaller more efficient dehumidification units. As a result, space is now available to allow for the installation of the new emergency power generator inside WTP 4. Locating the generator inside the building has benefits including longer generator life and lower maintenance costs, reduction in noise impacts and improved aesthetics. The relocation of the generator to the inside of WTP 4 will require additional engineering services and construction beyond that originally contracted for. The additional engineering services required are detailed in the attached letter from TKDA. The cost of the additional engineering services is $14,060 bringing the total engineering services for this contract to $57,660. Funding: The Finance Director has evaluated this request and has determined there are adequate reserves available in the Water Utility Fund to pay for this extra work. RECOMMENDATION: Staff recommends Contract No. 48-05 be amended to increase the contract amount by $14,060 to a total cost of $57,660 in order to provide additional professional design and contract administration services for Improvement Project No. 20051500 as described above. Attachment: TKDA Letter (Supplement) Amendment No. 1 to Contract No. 48-05 Prepared By: Scott E. Anderson, Superintendent of Utilities Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 4c - Amendment No. 1 To Contract 48-05 Page 2 CITY OF ST. LOUIS PARK AMENDMENT NO. 1 TO CONTRACT NO. 48-05 THIS AMENDMENT NO. 1 to Contract No. 48-05 is made on April 17, 2006, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation hereinafter referred to as “CITY”, and TKDA. BACKGROUND: On April 15, 2005, the City Manager executed Contract No 48-05 with TKDA in the amount of $43,600 for professional services related to the design and construction administration of emergency generators to supply Water Treatment Plants 1 & 4 with back-up power, Improvement Project No. 20051500. The scope of work has increased with the opportunity to relocate the new generator inside WTP 4. Additional engineering services are required to accommodate this change to this improvement project. NOW, THEREFORE, in consideration of the above facts and mutual covenants herein contained, it is hereby agreed that Contract No. 48-05 is amended as follows: 1. The length of Contract No. 48-05 shall be extended to June 1, 2006. 2. Total compensation to TKDA for all services rendered pursuant to Contract No. 48-05, as amended, is increased $14,060 and shall not exceed $57,660. IT IS FURTHER AGREED that all other provisions of Contract No. 48-05 shall remain unchanged and fully effective, and this Amendment shall become an integral part thereof. EXECUTED as to the day and the year first above written. CITY OF ST. LOUIS PARK TKDA ____________________________________ By:______________________________ Mayor ____________________________________ City Manager Attest: ____________________________________ City Clerk St. Louis Park Council Meeting Item: 041706 - 4d - Change Order No. 1 To Project No. 20051500 Page 1 4d. Motion to approve Change Order No. 1 for Improvement Project No. 2005-1500, Installation of Water System Back-up Power Supply. Background: City Council approved project 2005-1500, the installation of back-up power supply at Water Treatment Plants #1 & # 4. The project was advertised, bid and awarded to Total Construction on September 6, 2006 in the amount of $557,000. The approved design and construction contracts call for the emergency generator to be located outside Water Treatment Plant #4 (WTP 4). Additional Information: The large dehumidifier inside WTP 4 failed in December 2005 and the repair costs were estimated to exceed $70,000. City staff researched alternative methods of dehumidifying WTP 4 and determined dehumidification could be provided using four smaller units at a total cost of $14,000. City staff is currently completing that work. The removal of the large humidifier frees up interior space and provides the opportunity to relocate the new emergency power generator inside WTP 4. During the initial generator design phase the engineer, TKDA, and the City considered the inside location, but the existing conditions (lack of space) in WTP 4 would not allow for an interior installation. As a result of the failure of the large dehumidifier unit and its replacement with small units, space is now available to install the new generator inside WTP 4. It is in the best long term interests of the City to install the new generator inside WTP 4. Advantages include longer life and lower maintenance costs for the generator, security benefits, decreased noise and improved aesthetics. Total Construction has submitted a change order proposal (attached) in the amount of $62,710.00 to install the generator inside WTP 4. Funding: The Finance Director has evaluated this request and has determined there are adequate reserves available in the Water Utility Fund to pay for this extra work. RECOMMENDATION: Staff recommends approval of Change Order #1 for Project No. 2005-1500, in the amount of $62,710.00. Attachment: Change Order Proposal (Supplement) Prepared By: Scott E. Anderson, Superintendent of Utilities Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 4f - Planning Comm Minutes Mar. 8, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 8, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to order - Roll Call Chair Carper welcomed new Planning Commissioner Richard Person. 2. Approval of Minutes of February 15, 2006 Commissioner Kramer moved approval of the minutes for February 15, 2006. The motion passed on a vote of 7-0. 3. Hearings: A. 2821 Nevada Avenue South Conditional Use Permit for fill for single family home Location: 2821 Nevada Ave. S. Applicant: Sergey Vladyka Case No.: 05-74-CUP Assistant Zoning Administrator Gary Morrison presented a staff report. A Conditional Use Permit 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 this single-family house. Commissioner Timian asked how deep the pond would be. Mr. Morrison said the pond will be four feet deep at the retaining wall, and there will be a bit of a grade inside so the deepest point could reach six feet. He said the pond is intended to infiltrate, not hold water, and the applicant is proposing a lift station to pump water out of the ponding area, where it will discharge into the storm water system. St. Louis Park Council Meeting Item: 041706 - 4f - Planning Comm Minutes Mar. 8, 2006 Page 2 Commissioner Timian asked how many truckloads would be required. Mr. Morrison said about 20 yards per truckload, therefore, 35 truckloads to haul 700 cubic feet. Commissioner Timian asked at any one time what will be the depth of the pond? Mr. Morrison said he anticipates the depth could be a few feet of water, which would be pumped out immediately. Commissioner Kramer asked how the lift station is monitored. Mr. Morrison said agreements are required and the pump system is private. Commissioner Kramer asked if what is being proposed is any worse than doing nothing at all. He asked if the pump system would be creating a bigger problem. Mr. Morrison said there have been no known complaints on this vacant property, and there have been no known water problems. The applicant is going the extra mile by over-sizing the pond and providing an outlet for this area that does not exist today. Mr. Morrison said the City engineering department and the building inspections department are satisfied. Commissioner Person asked if there is a reason to remove the stumps before the fill is placed. Mr. Morrison said the stumps and the brush will be removed and the soil, as it is laid, will be inspected by an independent engineer. The applicant’s brother and general contractor, Nicolai Vladyka, said he will manage the construction. Chair Carper opened the public hearing. Erin Larson, 2825 Nevada Avenue South, is the neighbor to the south. Ms. Larson is concerned about water runoff. Ms. Larson asked if the pump would be brought in prior to excavation or when the fill is brought in. Mr. Morrison said due to the lack of accessibility to this property, the pond will be constructed first in conjunction with the lift station and pumps, and then move to Nevada Avenue to bring in the fill, the retaining walls and then the house. Commissioner Morris asked about the heavy equipment that will have to go in. Mr. Morrison said they will be staging off the street. He said a small access road has already been graded. Chair Carper asked if there is a concern for the Sabbath hour on Friday evening. Mr. Morrison said the hours could be amended to accommodate the Sabbath on Friday. Chair Carper suggested amending to no later than sunset on Friday evening. Nicolai Vladyka said they would not work later than sunset on Friday. Chair Carper closed the public hearing. Chair Carper proposed a change to the staff recommendation for construction hours: Monday through Friday between the hours of 8 a.m. until sunset. St. Louis Park Council Meeting Item: 041706 - 4f - Planning Comm Minutes Mar. 8, 2006 Page 3 Commissioner Johnston-Madison said summer sunsets could be around 9:30 or 10:00 p.m. Chair Carper revised his change: 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 a.m. and 9 p.m., Monday through Thursday, and 8 a.m. until sunset or until 9:00 p.m., whichever is earlier on Friday. Commissioner Morris moved to recommend approval of the Conditional Use Permit to allow up to 700 cubic yards of fill and excavation for the construction of a new single family home at 2821 Nevada Avenue South as amended. The motion was seconded by Commissioner Timian. The motion passed 7-0. 4. Other Business--None 5. Communications A. Recent City Council Action – Feb. 21, March 6 B. Planning and Zoning Supervisor Meg McMonigal discussed recent City Council action regarding frontyard setback regulations. She explained another option which was approved by the Council. Commissioner Robertson recommended that staff obtain historical setback information for use by residents. Chair Carper requested that staff provide Commissioners with the final zoning ordinance amendment on frontyard setbacks. 6. Adjournment The meeting was adjourned at 6:30 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 041706 - 4g - Planning Comm Minutes Mar. 15, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 15, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson Jerry Timian arrived 6:40 p.m. MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Sean Walther, Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes: None 3. Hearings: A. Bigos Apartments – Conditional Use Permit for Land Reclamation Location: 1361 Hampshire Avenue South Applicant: Ted Bigos Case No.: 06-13-CUP Senior Planner Sean Walther presented the staff report. Mr. Walther said the applicant has an approved plan from the Minnesota Pollution Control Agency (MPCA), i.e., a Response Action Plan, and this project will implement that plan along with the proposed development. Commissioner Robertson asked what would determine if additional material needed to be removed? Mr. Walther said after testing if the soil is not within the parameters the MPCA has outlined in the plan, additional material would be excavated. Chair Carper asked if adequate test borings have been done. Mr. Walther said the plan and the test borings were done with oversight from the MPCA, and they have approved the implementation plan. Commissioner Person asked if the soil requires remediation. Mr. Walther said the remediation is the removal of the materials. The proposed development with the parking lot and building footprints will cover the site and reduce the potential for human contact with contaminants and the potential for groundwater contamination due to the impervious surface. St. Louis Park Council Meeting Item: 041706 - 4g - Planning Comm Minutes Mar. 15, 2006 Page 2 Donovan Hannu, Senior Civil Engineer from DPRA, is the applicant’s environmental consultant. Mr. Hannu said some of the soil is contaminated with lead at concentrations that may make it a hazardous waste, therefore, it must be stabilized on site before it is hauled away. Commissioner Morris asked about the source of the contaminants. Mr. Hannu said bad fill material was brought into the area in the 1930s or 1940s. Chair Carper opened the public hearing. With no one present wishing to speak, Chair Carper closed the public hearing. Commissioner Person asked how the City monitors street clean-up. Mr. Walther reported that the City, in addition to the CUP, requires an erosion control permit which will specify the guidelines for street sweeping, dust control, and for materials that may drop from trucks along the haul route. Commissioner Person made a motion to recommend approval of a Conditional Use Permit to allow for the excavation/filling of more than 400 cubic yards of soil at 1351 and 1361 Hampshire Avenue subject to conditions as recommended by staff. Commissioner Kramer seconded the motion. The motion passed 6-0. B. Junior High Addition – Preliminary Plat with Variances Location: 1650 Texas Avenue South Applicant: Parkway Development, LLC Case No.: 06-15-S and 06-16-VAR Planning and Zoning Supervisor Meg McMonigal presented the staff report. Requested is approval of a Preliminary Plat to divide one existing single-family lot into two lots at 1650 Texas Avenue South. The developer would like to tear down the existing home and build two new homes. In order to subdivide the existing one lot into two, a variance to required minimum lot size is requested. The lots are proposed to be slightly over 6,900 square feet in area versus the 9,000 square feet required in the R-1 zoning district. A variance is requested to the minimum lot size requirement. The developer would also like to construct a circular driveway to jointly serve the proposed lots. A variance to the maximum driveway and parking area allowed in the front yard is also requested Ms. McMonigal said staff recommends denial of the variances to lot size, maximum front driveway and parking area. A home can be, and is, placed on the site while meeting the strict applications of the ordinance. Therefore, there is not exceptional or undue hardship present that would require the city to deviate from its required minimum lot size. The lot can be developed and used in a manner customary and legally permissible with the R-1 zoning district. Staff is also recommending the Preliminary Plat be denied as it does not meet the zoning requirements for minimum lot size in the R-1 Zoning District. St. Louis Park Council Meeting Item: 041706 - 4g - Planning Comm Minutes Mar. 15, 2006 Page 3 Commissioner Johnston-Madison asked if anything has been heard from neighbors or if there has been a neighborhood meeting regarding subdividing the lot. Ms. McMonigal said there has been no neighborhood meeting, and she has received two phone calls asking for information. Commissioner Robertson said he will not vote on this matter due to conflict, and Commissioner Kramer said he would also abstain from voting. Joshua Aaron, applicant and president of Parkway Development, said he is a 30+ year resident of St. Louis Park. Mr. Aaron said based on what he is hoping to do, the price of the homes will be in the $550,000-600,000 range. He believes the homes will fit into the character of the neighborhood. Mr. Aaron said the packet he distributed to the Planning Commission is to illustrate the hardships that exist. Mr. Aaron said there is a steep ridge, the lots are irregular, and some time ago a street had been vacated to avoid the steep ridge. The lots, he said, have become nonconforming. Mr. Aaron emphasized that he has met a hardship, i.e., showing the property is irregular in shape and is unusual. Mr. Aaron reported that when the street behind this property was vacated and Texas Avenue was realigned, it consumed 5,500 square feet. According to Mr. Aaron, the property is not one parcel, it is three separate parcels that came together. Mr. Aaron asked if parks are included in the R-1 district, he thought they might be included. Mr. Aaron said at the street the driveway is about 20 feet wide, however, as it travels up the hill and to the existing home, the driveway narrows to 11 feet. Mr. Aaron showed a modeling study. He said the setback for the proposed homes is about 35 feet, and the trees will be preserved. Chair Carper asked how long the applicant has owned the property. Mr. Aaron said he purchased the property in May 2005. Commissioner Timian arrived at 6:40 p.m. Commissioner Morris said he thinks the City’s subdivision ordinance would require new sidewalks. Ms. McMonigal will look into that. Commissioner Morris asked if the proposed driveway would be a cross driveway easement between both property owners so as to use either edge of the drive to go in and out. Mr. Aaron said yes. Commissioner Person asked if the house is occupied, and Mr. Aaron said no. Commissioner Johnston-Madison asked if feedback from neighbors had been received. Mr. Aaron said not really. St. Louis Park Council Meeting Item: 041706 - 4g - Planning Comm Minutes Mar. 15, 2006 Page 4 Chair Carper opened the public hearing. Joe Silbert, 8247 Westwood Hills Curve, is a life-long resident of St. Louis Park and a friend of Mr. Aaron’s. Mr. Silbert thinks the proposal would provide a great move-up housing opportunity and would not substantially change the character of the neighborhood—it would be a positive. Mr. Silbert noted Mr. Aaron’s previous success, Lamplighter Park Townhomes. Brandon Newman, 1644 Texas Avenue South, the property immediately to the north, said he is concerned about residences being closer to his home, e.g., a house on the north side of his home is just 15 feet away. Mr. Newman and his wife want their backyard to remain private; they don’t want to raise children with homes so close. Mr. Aaron said the home next to Mr. Newman’s house is 19 feet away, there will be a distance of 29 feet between Mr. Aaron’s proposed home and the Newman’s. Mr. Aaron said there is heavy screening between this lot and Mr. Newman’s home. Commissioner Morris said whether the proposal is approved or not, the house adjoining Mr. Newman’s house could still be the same distance from his house. Chair Carper remarked that a house could be within six feet of the lot line. For the record, Chair Carper noted that a communication from the law firm of Steiner & Curtiss regarding the variance application was distributed to the Commission at the meeting. Steiner & Curtiss represents Parkway Development. The letter was given to staff by the applicant on the afternoon of March 15th. Chair Carper closed the public hearing. Commissioner Johnston-Madison said the modeling information was helpful to her. She is not so concerned about the driveway at this point, and she thinks the proposal would make a positive impact on the neighborhood. Commissioner Morris doesn’t like the configuration of the driveway, a 90° angle driveway to a roadway would be safer than a 45° angle to a roadway; this configuration of two driveways creates two pedestrian crossings where there is currently one. For safety concerns, Commissioner Morris prefers one 90° angle driveway to each of the proposed houses. Commissioner Morris said he agrees with staff’s logic. Commissioner Morris said he sees no hardship for this property because it is fully functional; the right-of-way argument is not logical. Chair Carper sees no need to divide the lot; he agrees with Commissioner Morris and staff’s recommendations. St. Louis Park Council Meeting Item: 041706 - 4g - Planning Comm Minutes Mar. 15, 2006 Page 5 Commissioner Johnston-Madison doesn’t think dividing the lot would set a precedent. She said the Planning Commission would be passing up an opportunity that it doesn’t always have when presented with a lot split. She said this proposal would be an advantage to the neighborhood rather than a problem to the neighborhood. Ms. McMonigal remarked that staff receives subdivision requests for single family lots all of the time. This will not be the last time a request like this will be made. Commissioner Morris made a motion to recommend denial of the variance for lot size to allow the subdivision of the parcel into two lots, denial of the variance to the required maximum paved front driveway and parking area, and denial of the Preliminary Plat as it does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 district. Commissioner Person seconded the motion. The motion to deny passed 3-1-1. (Johnston-Madison opposed, Timian abstained). Ms. McMonigal said she anticipates this item to be tentatively scheduled for the City Council on April 17th. 4. Communications Ms. McMonigal said there will be five items scheduled for the April 5th meeting. Chair Carper invited the Commissioners to remain for an informal discussion. 5. Adjournment The meeting was adjourned at 7:10 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, February 15, 2006 Rec Center Programming Office 1. Call to Order Chair Tom Worthington called the meeting to order at 7 p.m. Commission members present: Tom Worthington, Bruce Cornwall, George Hagemann, Steve Hallfin, Kirk Hawkinson, and Nick Magrino. Staff present: Director of Parks and Recreation (Ms. Walsh), Manager of Buildings and Structures (Mr. Panning), Program Supervisor (Mr. Birno), and Recording Secretary (Ms. Voelker). Guest present: Hockey Association President (Paul Omodt). 2. Presentations: a. Association Presentations (7 p.m.) • Hockey Association Mr. Worthington welcomed Mr. Paul Omodt and indicated the Commission is interested in obtaining a general update from the Association, a description of the structure and participation, any issues or concerns, and any future needs. The Commission will then update the Association on future City projects that may affect the Association. Mr. Omodt introduced himself, indicated he is the Hockey Association president for the past two years, and advised he has been skating at the St. Louis Park rink since it opened in 1971. The Association was formed about the same time the rink opened. It is chartered from Minnesota Hockey; the participant boundaries are the relatively the same as the school districts; and they have approximately 250 skaters age 5 to 16. The Association offers programming through age 18 depending on the demand. Mr. Omodt commented that one of the issues the association is facing is a decline in participants, especially at the upper traveling levels. Five years ago there were twice as many kids enrolled at the upper levels versus today and indicated there are less hockey families in the City which may be due to the price of hockey. Mr. Omodt indicated the pull tab money gets distributed equally amongst the participants and has really helped funding. He indicated their program is the least expensive in the state for what they offer. St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 2 Mr. Omodt again expressed his concern with the drop in participants. He feels the association has done a lot to boost the mite program; traveling hockey rates are cheaper than traveling soccer with a longer season; and they were the first to mandate all Mite-level coaches be certified through the state. This year a Hockey Education Program (“HEP”) was instituted to put more structured learning into hockey and focus on fair play. The program supported removing kids from a game if they got more than three penalties during that game which promotes fair play. It also awards points in league standings if teams are below certain levels of penalties during a game. Mr. Omodt indicated rates will likely be raised this year which may result in the loss of more participants. In discussing with the Minneapolis/Southwest hockey organization, it was found they faced the same issue of declining participants. The two organizations merged their “A” level children together to help kids develop on one team. The board approved merging all age groups together for the benefit of evening out the talent in upcoming seasons. This year the organizations hire lead coaches for all kids at a certain level. The coaches are well trained through a lead program. Mr. Omodt indicated other first ring suburbs are either collapsing or merging as all are losing participants. He feels their biggest threat is AAA Hockey (considered club hockey) which has no boundaries or rules. All cities lose kids to this program and they want to provide kids an opportunity to play any level of hockey. Mr. Omodt feels merging organizations is an issue facing other sports in St. Louis Park also. Minnesota hockey does put certain restrictions on teams, which includes evaluating players to place in appropriate level according to their skills. The Hockey Association agrees with the guidelines. Mr. Omodt praised pull tab money for funding and indicated he would like to have more volunteers on the board. Mr. Cornwall questioned why people are upset about the joint team concept/merger. Mr. Omodt feels parents may not understand the benefit to their children even though they had numerous newsletters, two parent meetings and two open board meetings prior to the merger. He indicated it is not a formal merger of the boards, but a joining of team members. There was a study conducted to get to this point which they are looking at merging the competitive side (i.e. traveling) not the instructional/in-house type league. Mr. Omodt indicated the association gave out eight scholarships this year and none were denied scholarships. He advised the cost for a Mite in St. Louis Park is $99 for a 5-6 year old; $149 for a 7-8 year old, and they have an equipment rental package available for $25. Ms. Walsh advised the City of Chaska charges approximately $500 so St. Louis Park offers a good price. Mr. Omodt expressed his appreciation to have two sheets of ice and primary rental status; and the association’s good relationship with City staff (including the Zamboni drivers, etc.). St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 3 Mr. Worthington asked what the City could do for the association. Mr. Omodt appreciates his relationship with the City and staff. He would like more mites to play and perhaps the City could help promote the program. Mr. Hawkinson inquired how the association handles angry parents. Mr. Omodt advised in the past a coach has volunteered and assisted with parents. He indicated as part of HEP, fan behavior counts in the standings. The association wants to acknowledge and deal with parents to improve the image. Ms. Walsh feels the Hockey Association could be a role model for other associations and Mr. Omodt agreed. Mr. Magrino advised he referees soccer and advised if a parent is haggling their kid, the ref steps in. Mr. Omodt feels it’s important for parents to know the boundaries. Mr. Hawkinson inquired on offering outdoor hockey camps. Mr. Omodt indicated they are always interested in outdoor ice quality. Ms. Walsh advised that prior to the bad ice weather, a lot of kids were using the rinks. Mr. Omodt feels it makes a difference to the kids and this year the ice has been the best it has been in a number of years. Mr. Hagemann inquired if the equipment package price is consistent as the ages go up. Mr. Omodt indicated the equipment package is offered through the mites program but not for the older kids as the equipment gets harder use and the sizing becomes too much for an association to handle on its own. He advised some scholarships will give equipment to use also. Mr. Hallfin thanked Mr. Omodt and the association from a hockey parent role and from a commission member role. The Commission thanked Mr. Omodt for his presentation. Mr. Omodt thanked the Commission for the opportunity and advised that if commission members had further questions to direct any questions to the Hockey Association. 3. Approval of Agenda It was moved by Commission member Mr. Hallfin, seconded by Commission member Mr. Cornwall to approve the Agenda as presented. The motion passed 6-0. * 4. Approval of Minutes • January 18, 2006 It was moved by Commission member Mr. Hallfin seconded by Commission member Mr. Cornwall to approve the Minutes as presented. The motion passed 6-0. St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 4 5. New Business a. Village in the Park II Development (Public Area) Ms. Walsh advised the condominiums being built on the southeast corner of Wooddale and West 36th Street will be called the Village in the Park. A triangular area on the corner will be public property like a park atmosphere which would include benches and public art. Staff is working with the development on how they would maintain the area and is expecting to see a proposal come forward in next couple of months. Mr. Cornwall inquired why the area would become park property. Ms. Walsh indicated the area is a focal point so should be a public area that looks community driven. Mr. Hawkinson inquired if there are any plans for the intersection to be redone. Ms. Walsh indicated it is unknown at this time if the road alignment will change. Ms. Walsh advised the Commission members Hoigaards will have redevelopment occurring this year also. Ms. Walsh explained how park dedication money or land is obtained through new development in the City. Ms. Walsh indicated that since the City is fully developed, the City has generally taken the money versus land. The money is then used to redevelop our park system in which all communities do the same. 6. Old Business a. Commissioners’ Swim & Skate Event Discussion Mr. Worthington advised discussion of this event was deferred to this months meeting in order to involve the new members and reviewed the logistics of the event. Mr. Birno indicated the date will be Saturday, August 5. Mr. Worthington indicated last years event earned less than anticipated but still earned money for the scholarship fund. Mr. Worthington asked members if the Commission would like to include hot dogs in their items available to sell that evening. Mr. Birno advised there are no limits to what they would like to sell, as long as the equipment is cleaned up after event. Mr. Hallfin compared each year and suggested offering a full menu as there are plenty of volunteers to help clean up. The Commission members agreed to offer a full menu (including hot dogs). Mr. Birno ran through the process for that evening with the Commission. Ms. Walsh suggested the Commission appoint an individual to be in charge of concessions and meet with Mr. Birno prior to the event. Mr. Hawkinson suggested having an ice monitor for the event. St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 5 Mr. Worthington suggested reviewing assignments in March. Ms. Walsh suggested assigning areas then dividing up duties which would include two people as ice arena monitors, two people at the ticket counter and four people in the concession stand. Staff will supply a pool manager and a maintenance person to hand out skates. Mr. Hawkinson suggested holding a drawing instead of giving coupon cards to businesses as none were used last year. Mr. Hallfin indicated he felt the printed flyer and passes were great. Ms. Walsh inquired on the return of the Happenings Book coupons. Mr. Birno advised approximately 500 coupons are redeemed which is great as there is no fee to the City. b. Aquatic Park Update Ms. Walsh advised staff went to Council recently with the proposal of adding a new water feature. Council indicated they want to review the entire Rec Center with the potential of expanding to more of a community center. Mr. Panning indicated the Council encouraged a larger review of the entire Rec Center. Ms. Walsh feels this is based on comments submitted and the City must market our community to keep or get people in St. Louis Park. St. Louis Park was one of the first cities to build an outdoor aquatic park, then that idea took off. Staff is interested to see what themes come from the Vision process. Mr. Hallfin inquired on a time frame. Ms. Walsh indicated it could occur in 2007 if just an expansion to the aquatic park, but unsure of a time frame if a larger project or expansion is sought. Ms. Walsh indicated staff is waiting on larger maintenance issues until the vision process is complete. Staff will go ahead with some of items which include adding a shaded area by the pool, signage, whale repair, and new lounge chairs, etc. Mr. Worthington inquired on the feedback received from the Vision comments. Ms. Walsh advised positive feedback was received on the parks, dog parks, playground structures, and new park buildings. It was indicated people want places that look “new” and additional amenities. Staff has advised the Council that community centers generally don’t make money. Mr. Magrino indicated he was involved in the vision process and has never heard of the aquatic park expansion, but heard a lot of comments to include a gym and fitness center. Mr. Hawkinson commented that he was surprised how few houses in St. Louis Park have children. Ms. Walsh advised people commented they love the splash pad and suggested more. Mr. Worthington suggested the Commission taking on 2 to 3 aspects to discuss from the vision process. Ms. Walsh was pleased with the positive comments received about the cities community gathering spots (i.e. dog park). Mr. Hawkinson inquired on the revenue generated from the dog parks. Ms. Voelker advised staff could provide revenue amounts and Ms. Walsh suggested providing in September. St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 6 7. Communications a. Chair Mr. Worthington expressed his delight to have new members. Mr. Worthington advised the Soccer Association is in limbo as no one has volunteer to be president and the boards membership has been stagnant for a few years. Mr. Birno advised Charlie Theros inquired on merging with another city due to the number of participants. Staff will help with the public process and field usage. Mr. Birno indicated the merger is both for leadership issues and participant issues. Mr. Panning inquired if they have a parent organization. Mr. Worthington advised there is and that organization supports the merger. The members discussed that volunteering it is somewhat of a thankless job and can be very time consuming. Mr. Birno advised other communities have hired staff instead of volunteers. Ms. Walsh wondered if in-house soccer would increase if that would happen in St. Louis Park. Mr. Worthington feels participation numbers are slowly declining from two years ago. b. Commissioners Mr. Hallfin advised of a meeting held with all baseball organizations (American Legion, Babe Ruth, Traveling and Little League). The object of the meeting was to begin discussions of merging into one baseball organization. Mr. Hallfin feels the meeting went well. He is unsure what will come out of it but felt it was a good way to talk together versus talking about each other. Nothing was decided except to meet again in early march which is a step in the right direction. The City is helping to facilitate these meetings. Mr. Hagemann indicated when the Cedar Lake trails are shut down for maintenance; it is not communicated very well. He suggested putting an update on the City’s website and/or publications. Ms. Walsh advised the City does publicize if informed of it. Staff will remind Three Rivers Park District that the City needs to know this information as many people use to commute. Mr. Hawkinson expressed his appreciation for the one-on-one contact with the Associations as more information is provided and Mr. Hallfin agreed. Mr. Hawkinson does feel an annual summit would be better for the Associations if they would attend. Mr. Magrino inquired when the Fern Hill park building would be renovated. Ms. Walsh advised an agreement with Torah Academy was passed at the Council meeting on February 6 which states we now have facility usage with them. Ms. Walsh indicated the park will not be upgraded until Torah Academy puts their visioning in place as they own a portion of the park. Their visioning is scheduled over the next 1 to 2 years. After staff is aware of that, renovation will then be addressed at that park. St. Louis Park Council Meeting Item: 041706 - 4h - PRAC Official Minutes Feb. 15, 2006 Page 7 c. Program Report Mr. Panning advised there were 4,500 hours of ice sold in 2005 which was approximately $610,000 in revenue received. Additional ice was used for open hockey, ice skating lessons, etc. which is considered indirect revenue hours. The Hockey Association is the largest user of the ice as they utilized between 900 and 1,000 hours of ice last year. In the off season, he is selling a lot of ice to AAA teams which benefits the revenue to the City. Mr. Panning advised staff charges $145 per hour and the area average is $145-165. The Hockey Association and Benilde St. Margaret’s pay $155 per hour as part of a financial agreement initiated with the new rink was built. Mr. Hallfin inquired if the Rec Center comes close to even between the revenue and expenses. Mr. Panning advised the total revenue for the entire facility, which includes room rental, ice rental, and the Aquatic Park, is above the expenses which include general maintenance. d. Directors Report None. 8. Adjournment The meeting adjourned at 8:36 p.m. It was moved by Commission member Mr. Hawkinson, seconded by Commission member Mr. Hagemann to adjourn. The motion passed 6-0. ______________________________________ Stacy Voelker, Recording Secretary St. Louis Park Council Meeting Item: 041706 - 6a - Public Hearing Brix Liquor License Page 1 6a. Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for Collins Restaurant Group, Inc. dba Brix located at 4656 Excelsior Blvd. in St. Louis Park. Recommended Action: Mayor to close public hearing. Motion to approve an on-sale intoxicating liquor license with Sunday sales to Collins Restaurant Group, dba Brix subject to the satisfactory background investigation of the prospective store manager. Background: The City received a request from Martin Mitchell Collins, Owner/CEO of Collins Restaurant Group, Inc. dba Brix, for an on-sale intoxicating liquor license with Sunday sales. Brix Restaurant will be located at 4656 Excelsior Blvd. within the Excelsior & Grand mixed use development on the northeast corner of Excelsior Blvd and Grand Way. Brix is a brand new Italian Restaurant that will include a wine bar and outdoor dining. Brix is fully owned by Collins Restaurant Group Inc. who currently owns 50% of McCoy’s Public House, located in the same building on the opposite corner. The expected opening date for the restaurant is June 28, 2006. There are currently no other Brix Restaurant locations. A public hearing notice was published on April 6, 2006 and no calls have been received in response to the notice. Application: The Police Department has conducted a full investigation of Collins Restaurant Group Inc. Owner/CEO Martin Collins and has found nothing in the course of their investigation that would warrant denial of the license. The application and Police report are on file with the City Clerk should council members wish to review the information prior to the public hearing. The prospective store manager of Brix Restaurant is as yet to be determined. When a store manager is identified, further background investigation will be conducted by the Police Department. Recommendation: The applicant has met all requirements for issuance of the license and staff is recommending approval, subject to the satisfactory background investigation of the prospective store manager. Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 6b - Public Hearing Valley Wine Liquor License Page 1 6b. Public Hearing to consider granting an Off-Sale liquor license to Valley Wine & Spiritz, 8942 Highway 7 – Knollwood Village in St. Louis Park Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license for Valley Wine & Spiritz. Background: Deion Dung-Van Nguyen has made an application to the City of St. Louis Park for an Off-Sale intoxicating liquor license for Valley Wine & Spiritz to be located at 8942 Highway 7 within the Knollwood Village shopping center. Also within Knollwood Village is a Big Lots store and a new Super Target planned to open in October 2006. Valley Wine & Spiritz has a 10 year lease agreement with Gator Investments and their retail space will be approximately 2,800 square feet. Mr. Nguyen is the sole proprietor and will serve as store manager of Valley Wine & Spiritz. There are currently no other Valley Wine & Spiritz locations. Mr. Nguyen has previously engaged in operating a liquor establishment at Sam’s Club in Bloomington from 2001 to 2005. The store is planned to open in May of 2006. A public hearing notice was published on April 6, 2006 and staff received one call in response to the notice. The caller expressed concern about the number of off-sale liquor establishments in St. Louis Park. Staff informed this person that they could share their concerns with Council at the public hearing or in writing. Application: The Police Department has run a full background investigation on Deion Dung-Van Nguyen, and has found no reason to deny the license. The application and Police report are on file with the City Clerk should council members wish to review the information prior to the public hearing. Recommendation: The applicant has met all requirements for issuance of the license and staff is recommending approval. Prepared By: Nancy Stroth, City Clerk Reviewed By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 6c - Public Hearing - Wellhead Protection Page 1 6c. Public Hearing on the Wellhead Protection Program This Public Hearing is to provide an opportunity for the public to offer comments on the City’s Wellhead Protection Program Recommended Action: Mayor to close the Public Hearing - No other action required Background: Wellhead Protection is mandated by the Federal Safe Drinking Water Act and detailed in Minnesota Rule-Chapter 4720. As a result, municipalities are required to develop Wellhead Protection Plans (WHPP). The Minnesota Department of Health (MDH) is the local enforcement agency. A WHPP is a means of protecting our wells by preventing contaminants from entering the areas that contribute water to the city’s municipal wells over a period of time. The City of St. Louis Park began working on its WHPP during June of 2002. The WHPP is divided into two Parts. Part 1 delineated the wellhead protection area (WHPA) and the Drinking Water Supply Management Areas (DWSMA), and determined the vulnerability of the wells and the DWSMA. The WHPA is the surface and subsurface area surrounding a municipal well, through which contaminants are likely to move through and contaminate the well. The WHPA is scientifically calculated through pumping tests, hydrological and geological data. Part 1 of the WHPP was sent to the adjacent cities, the regional agencies in early 2004 and a public meeting was held to allow for resident input and comment on May 19, 2004; no comments were received. In conjunction with this, a scoping meeting was held on May 13, 2004 with the MDH to discuss Part 1 and provide input for Part 2. Part 2 of the Wellhead Protection Plan contains the management strategies and protection measures for the DWSMA(s) delineated in Part I of the plan. Part 2 identifies and addresses wellhead and source water protection issues that are important to St. Louis Park. Specific attention is paid to existing and potential contaminant sources that threaten or have already impacted the St. Louis Park public water supply (i.e., the Reilly Tar Site and the Beltline Dump on the Park Nicollet site). Part 2 of the WHPP was sent to the adjacent cities and the regional agencies for comment during January 2006; no comments were received. Summary: The plan is being presented at a public hearing as required by the MDH to provide the general public an opportunity for comment. The comments will be reviewed and Part 2 of the plan will be revised, as feasible and appropriate, to address any pertinent comments. After final plan revisions, the plan will be submitted to MDH which has 90 days to review and comment or approve the plan. In summary, no Council action is necessary at this Public Hearing. Attachment: Executive Summary of WHPP Part 2 Prepared By: Scott Anderson, Superintendent of Utilities Reviewed By: Michael Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 6c - Public Hearing - Wellhead Protection Page 2 Attachment City of St. Louis Park Wellhead Protection Plan Part 2 Executive Summary This portion of the wellhead and source water protection (Wellhead Protection) plan for the City of St. Louis Park, Minnesota includes: • an assessment of applicable data elements, • the results of the potential contaminant source inventory, • management strategies for the higher risk potential contaminant sources • the City’s Water Supply Contingency Plan, and • an Evaluation Plan for the City’s Wellhead Protection Program. Part I of the Wellhead Protection Plan presented the delineation of the wellhead protection areas (WHPAs) and the drinking water supply management area (DWSMA) and included the vulnerability assessments for the City’s wells and source water aquifers within the DWSMA. Part I of the Wellhead Protection Plan was submitted to the Minnesota Department of Health (MDH) and was approved on April 12, 2004. The boundaries of the WHPAs and DWSMA are shown in Figure 1 and the vulnerability of the source water aquifers are presented in Figure 2. A copy of Part I of the St. Louis Park Wellhead Protection Plan is provided as Appendix A. The vulnerability assessment for the source water aquifers within the DWSMA was performed using available information and indicates that some of the bedrock aquifers used by the City are considered vulnerable, to varying degrees, to contamination because several municipal wells and the St. Peter Sandstone and Prairie du Chien-Jordan aquifers have already been significantly impacted by groundwater contamination. The deeper Franconia-Ironton-Galesville and Mount Simon-Hinckley bedrock aquifers are not considered vulnerable to contamination from land surface activities and uses due to significantly-thick and laterally expansive shale deposits overlying them. These geologic formations hydraulically separate the two deeper aquifers from the shallower, contaminated aquifers. Consequently, the potential sources of contamination to the source water aquifers are all land uses; and other wells that reach or penetrate the aquifers. This information was presented to the Wellhead Protection Manager during the Second Scoping Meeting held with MDH staff on May 13, 2004, when the necessary requirements for the content of Part II were outlined and discussed in detail. The vulnerability assessment for the St. Louis Park municipal wells that utilize the Mount Simon-Hinckley bedrock aquifer indicates that these wells (Wells 11, 12, 13, and 17) are not vulnerable to contamination based on the information that documents the construction of each well. However, the other eight municipal wells (Wells 3, 4, 6, 8, 10, 14, 15, and 16), utilizing the St. Peter and Prairie du Chien-Jordan source water aquifers, are vulnerable to contamination. St. Louis Park Council Meeting Item: 041706 - 6c - Public Hearing - Wellhead Protection Page 3 The information and data contained in Sections 1.0 – 4.0 of this portion of the Wellhead Protection Plan (hereafter referred to as Part II of the Plan) support the approaches taken to address potential contamination sources that have been identified as potentially affecting the aquifer used by the public water supply. The reader is encouraged to concentrate attention on Sections 1.0 – 4.0 in order to better understand why the particular management strategies are included in Section 5.0. In Section 1.0, the required data elements indicated by the MDH in the Scoping 2 Decision Notice are addressed, as well as the data’s degree of reliability. Pertinent data elements include information about the geology, water quality, and water quantity. The data elements and information supplied in Part I of the Plan are the basis for the assessment that the aquifer providing drinking water for St. Louis Park has the potential to become vulnerable due to certain land uses and activities, and other wells that penetrate the same aquifers. Section 2.0 addresses the possible impacts that changes in the physical environment, land use, and water resources have on the public water supply. No significant changes are anticipated in the City within the next ten-year period. The problems and opportunities concerning land use issues relating to the aquifers, well water, and the DWSMA, and those issues identified at public meetings, are addressed in Section 3.0. The vulnerability status of the aquifer and wells, and the quality of water currently produced by the municipal wells result in the following major concerns: 1) preventing new or additional groundwater contamination to the source water aquifers; 2)other wells located within the DWSMA that could become pathways for contamination to enter the aquifer; and 3) the pumping effects of high-capacity wells that may alter the boundaries of the delineated WHPAs, reduce the hydraulic head in the aquifer, or cause the movement of contamination toward public water supply wells. The drinking water protection goals that the City would like to achieve with this Plan are listed in Section 4.0. In essence, the City would like to 1) maintain or improve the current drinking water quality, 2) increase public awareness of groundwater protection issues, 3) protect the aquifers, and 4) collect data to support future efforts in Wellhead Protection Planning. The objectives and action plans for managing the potential sources of contamination are contained in Section 5.0. Actions aimed toward educating the general public about groundwater issues, gathering information about other wells, and collecting data relevant to Wellhead Protection Planning are the general focus. Section 6.0 contains a guide to evaluate the implementation of the identified management strategies of Section 5.0. The wellhead protection program for City of St. Louis Park will be evaluated on an annual basis prior to its budgeting process. An emergency/contingency water plan is included to address the possibility that the water supply system is interrupted due to either emergency situations or drought. Section 7.0 references the City’s Water Contingency and Conservation Plan approved by the Department of Natural Resources. St. Louis Park Council Meeting Item: 041706 - 6d - Vacation Of Natchez Avenue Page 1 6d. 4200 Natchez Avenue South – Request for Vacation of a portion of the unbuilt Natchez Avenue South Case No.: 06-25-VAC Recommended Action: Mayor to close public hearing. Motion to adopt first reading of an Ordinance approving the Vacation of a portion of Natchez Avenue South and set second reading for May 1, 2006. Description of Request: As a part of the Excess Land process, 4200 Natchez Avenue South was determined to be a parcel that would be sold for single-family homes. The property would be platted for two single family homes (Wooddale Park 1st Addition). Natchez Avenue South is on the east side of the parcel, and was not ever constructed. It is proposed that a portion of the right-of-way for the street be vacated and added to one of the parcels proposed to be sold for a single family home. The portion to be vacated would extend 156 feet south of 42nd street, alongside the proposed Lot 2, Wooddale Park 1st Addition. Background: The right-of way for Natchez Avenue South is a low, fairly heavily vegetated area. It is the city’s border with the City of Edina. The homes to the east back up to this property, facing Oakdale Avenue in Edina. There is not a need for access to homes via this Natchez Avenue right-of-way. It is proposed on the plat that the area be covered by a drainage and utility easement encompassing the entire street right-of-way plus an additional 8 feet. With this configuration, a new house on Lot 2, Wooddale Park 1st Addition would be built toward the west.. Recommendation: Staff recommends adoption of the ordinance vacating the right-of way for a portion of Natchez Avenue South, located south of 42nd Street West. Attachments: Ordinance Location map Survey showing location of easement to be vacated Prepared by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 6d - Vacation Of Natchez Avenue Page 2 ORDINANCE NO.___________-06 AN ORDINANCE VACATING PORTION OF NATCHEZ AVENUE SOUTH SOUTH OF 42ND STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the portion of Natchez Avenue South proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 6, 2006, and the City Council has conducted a public hearing upon said petition and has determined that the portion of the street is not needed for public purposes, and that it is for the best interest of the public that said portion of the street be vacated. Section 2. The following described street vacation, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of Natchez Avenue South, (formerly known as West Avenue, as dedicated in WOODDALE PARK, according to the recorded plat thereof, Hennepin County, Minnesota), which lies southerly of the easterly extension of the north line of Lot 1, Block 1, in said plat, and which lies northerly of the easterly extension of the south line of Lot 11, said Block 1. Reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and public utility purposes. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council April 17, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 041706 - 6d - Vacation Of Natchez Avenue Page 3 St. Louis Park Council Meeting Item: 041706 - 6d - Vacation Of Natchez Avenue Page 4 St. Louis Park Council Meeting Item: 041706 - 6e - 1st Rdg Ord Utility Easement 3300 Decatur Page 1 6e. 3300 Decatur Lane – Request for Vacation of a Utility Easement Case No.: 06-26-VAC Recommended Action: Mayor to close public hearing. Motion to adopt first reading of an Ordinance approving the Vacation of a Utility Easement and set second reading for May 1, 2006. Description of Request: Dan and Maja Salmon, applicants, are requesting the vacation of a utility easement that runs directly behind their home. Because of the location of the utility easement, the applicants are unable to expand their home to the north. Analysis: The utility easement at 3300 Decatur Lane was established in 1955 when the plat for Minnehaha Gables Annex was approved. The easement was likely provided to support various utilities; however, there are no utilities located within it. After review by the City Engineer, it was determined that no public utilities run through the easement. It was also determined that there is not a future need for the easement. Subsequent to the determination by the City Engineer, Staff contacted all utility companies serving the City. No utility companies responded in objection to the potential vacation of the easement, as no current use occurs nor is any future use of the easement anticipated. The applicants have requested the vacation in order to expand their house toward the rear property line. Approximately 15’ of expansion will be possible to the rear of their existing house if the vacation is approved. At that point (just over 15’ north of the existing house) the property touches the 100-year flood elevation. As shown on the attached survey, the very northern portions of the applicant’s property are in the 100-year floodplain, resulting from the property’s location near Minnehaha Creek. Recommendation: Staff recommends adoption of the ordinance vacating the utility easement at 3300 Decatur Lane. Attachments: Location map (supplement) Survey showing location of easement to be vacated (supplement) Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 6e - 1st Rdg Ord Utility Easement 3300 Decatur Page 2 ORDINANCE NO._________-06 AN ORDINANCE VACATING UTILITY EASEMENT OVER THE PROPERTY OF 3300 DECATUR LANE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the utility easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on April 6, 2006, and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: Lot 15, Block 1, Minnehaha Gables Annex, Hennepin County, Minnesota Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council on April 17, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 041706 - 8a - Stephens Drive Name Change Page 1 8a. Renaming Stephens Drive to Westside Drive. Location: Stephens Drive Applicant: Westside Luther Companies Case No.: 06-23-ST Recommended Action: Motion to approve first reading of the proposed ordinance to rename Stephens Drive to Westside Drive and set second reading for May 1, 2006. Background: Attached is a letter from Luther Westside Volkswagen (Luther) asking for Stephens Drive to be renamed to Westside Drive. Luther owns and occupies two of the three properties that have frontage on Stephens Drive. The third is the Novartis property. Although Novartis has frontage on Stephens Drive, its address is on 23rd Street West. In September of 1992, the City Council approved an ordinance renaming 24th Street West to Stephens Drive. This was done at the request of Win Stephens Companies who occupied the same properties currently occupied by Luther. Win Stephens asked for the name change after the Highway 100 improvements closed streets providing access to the west side of Highway 100 and re-routed traffic. The Win Stephens dealership was replaced by Luther Westside Volkswagen in 2003. Now, Luther is asking that the street be renamed to Westside citing the same reasons for the original name change from 24th Street West to Stephens Drive. Westside is willing to pay for the new city and MNDOT street signs required as a result of this change. Process Attached for your review is a policy that outlines the street name change process. The first step of the process is to inform the City Council of a request received for a street name change. If the Council has no objections to the proposed change, then an ordinance is prepared for their consideration at the next available City Council meeting. A report was included in the City Council Study Session packet for March 27th, and no comments were received. Staff also mailed notices to the properties having frontage on Stephens Drive notifying them of the proposed name change, and as of the date of this report, no comments have been received. In addition to the notices, staff called Novartis for comments, and left messages asking if they had comments. None of the phone calls, however, have been returned, and staff will continue to try to contact them before the City Council meeting. Two readings are required, so the ordinance will come back to the May 1st City Council meeting for final approval. If the second reading is approved, then staff will process the name change through MNDOT and Hennepin County. St. Louis Park Council Meeting Item: 041706 - 8a - Stephens Drive Name Change Page 2 Recommendation: Staff recommends approval of the attached Resolution renaming Stephens Drive to Westside Drive with the condition that Westside Luther Companies pay for all the cost associated with the renaming. Attachments: Ordinance Letter from Luther Westside Street name change policy Aerial photo showing Stephens Drive and Highway 100 (supplement) Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 8a - Stephens Drive Name Change Page 3 ORDINANCE NO. ________-06 AN ORDINANCE RENAMING STEPHENS DRIVE TO WESTSIDE DRIVE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. WESTSIDE DRIVE That the street heretofore designated Stephens Drive lying between State Hwy No 100 S and a line parallel and 1,000 feet west of State Hwy No 100 S is hereby changed and renamed Westside Drive. Section 2. Effective Date This Ordinance shall take effect fifteen days after its publication. First Reading April 17, 2006 Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by the City Council April 17, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 1 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Case No.: 06-02-CP and 06-03-S Recommended Action: Motion to adopt a resolution approving an amendment to the Comprehensive Plan from P – Park to RL – Low Density Residential for the property at 4525 Morningside. Motion to adopt a resolution approving Browndale Park Second Addition Preliminary and Final Plat Comprehensive Plan: P - Parks and Open Space Request: RL - Low Density Residential Current Zoning: R-1 – Single Family Current Land Use: Vacant Proposed Land Use: One new single-family lot and dwelling and the addition of 8.89 feet to the neighboring property Description of Request: As a part of the Excess Land process, 4525 Morningside Road was determined to be a parcel that would be sold for a single-family home. The zoning on the property is R-1, Single Family Residential, which allows single family homes. An amendment to the Comprehensive Plan and a Preliminary and Final Plat for this property are required to facilitate the sale. The proposed Comprehensive Plan amendment would change the lot’s designation on the Comprehensive Plan from Parks and Open Space to Low Density Residential. The plat creates one new lot and expands the adjacent existing lot. The neighboring property at 4309 Browndale Road would be widened by 8.89 feet, which would facilitate the expansion of the existing house. Excess Land Process: After a year long public process, in December of 2005 the City Council passed a resolution in support of the sale of several parcels that had previously been classified as excess publicly- owned land. This approval by the Council was preceded by a two year long “Housing Summit” process and then by a public process that began in January of 2005 with the appointment of the Excess Land Task Force. The deliberations and public process that led to the Council’s determination to sell certain parcels is outlined in the Excess Land Process attachment to this report. The parcel at 4525 Morningside Road was determined by the Excess Land Task Force to be excess land that could be suitable for the construction of a single-family home. The Excess Land Task Force found that there were 9 parcels citywide that could be used for the construction of up to 17 new single-family homes. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 2 The amendment to the Comprehensive Plan and platting the parcel are the next steps in preparing the parcel at 4525 Morningside Road for sale to the public. The sale of the parcel, which will provide move-up housing within St. Louis Park, includes guidelines to ensure that the future construction is compatible with the existing neighborhood and will give preference to current residents of St. Louis Park. Planning Commission Recommendation: On April 5, 2006, the Planning Commission held a hearing on the proposed Comprehensive Plan amendment and plat. Several neighbors were present and spoke at the hearing as opposed to the proposed Comprehensive Plan amendment and plat. Most neighbors commented that they did not want to see the property sold for building a single family home. Comments included that the park functions as a gateway, provides shade, views should be preserved, and it has a safety function (minutes attached). The Planning Commission recommended approval with a 4-2 vote. 4525 Morningside Road Comprehensive Plan: The City’s Comprehensive Plan is a general guide for the growth and development of the community. It is a dynamic document. The current full plan was adopted in 1999, but is under continual review and refinement, reflecting the constantly changing conditions in the City. Since 1999 the Comprehensive Plan has been amended many times and will continue to be refined as conditions warrant. The 1999 Comprehensive Plan designates the 4525 Morningside parcel as Parks and Open Space. For it to be used for a single family home, it should be designated RL. The Comprehensive Plan permits densities of up to seven units per acre in the RL – Low Density Residential District. In this case, only one new single-family residential dwelling could be built on the site. The proposal to amend the Comprehensive Plan Map for this parcel is supported in the Housing Chapter of the Comprehensive Plan, where it is stated, “the greatest deficit and need is for the creation and maintenance of detached, owner-occupied single family homes which are large enough to accommodate families. City housing efforts and resources should primarily address this need.” The proposal also meets the planning goals for land use, which call for infill development to help meet housing goals. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 3 Preliminary and Final Plat: The plat meets the requirements of the Subdivision Ordinance. It consists of the following: ▪ Lot 1 – 85’ x 155’ for a new single family home (13,175 s.f.) ▪ Lot 2 – 67.78’ x 155’ for an existing single family home (10,506 s.f.) ▪ Right-of-way - 6.25’ to be dedicated for Morningside Road ▪ Total area = 22,544 square feet A single-family lot in the R-1 district is required to be 75 feet wide; 85 feet wide if on a corner. The property is proposed to be subdivided into one lot, 85 feet wide by 155 feet deep, with the remaining 8.89 feet x 155 feet being added to the adjacent neighboring property to the south (4309 Browndale Road). The neighbors to the south expressed an interest in purchasing additional property in order to facilitate an addition to their home. To accommodate the existing curb line of Morningside Road, an additional 6.25 feet is being added to the right-of-way. Drainage and utility easements are shown on the plat as required by the City’s Subdivision Ordinance, placed around the perimeter of each lot. The plat meets the requirements of the Subdivision and Zoning Ordinances. R-1 zoning requires a minimum lot size of 9,000 square feet and 75/85 feet of width at the setback line. Recommendation: Staff and the Planning Commission recommend approval of an amendment to the Comprehensive Plan for the parcel at 4525 Morningside Road from Parks and Open Space to Low Density Residential. Staff and the Planning Commission recommend approval of the Preliminary Plat and the Final Plat for Browndale Park Second Addition, with the following conditions: 1. Park dedication in the form of cash-in-lieu of land is collected for Lot 1, Block 1, Browndale Park Addition. Attachments: Location Map Comprehensive Plan Amendment Map Comprehensive Plan Text – Plan By Neighborhood - Browndale Resolution Approving Comprehensive Plan Resolution Approving Preliminary and Final Plat Draft Planning Commission minutes Preliminary Plat (supplement) Final Plat (supplement) Prepared by: Meg McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 4 St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 5 St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 6 Plan by Neighborhood U-6 Comprehensive Plan 2000 - 2020 St.Louis Park, Minnesota Neighborhood Name: Browndale Neighborhood Park: Browndale Park Major Neighborhood Streets: Wooddale 1996 Average Weekday Traffic Counts: 3,200 % Change From 1980: +1% Pedestrian Issues: Crossings at TH. 100 and Excelsior Housing Condition: See Chapter P Anchoring Businesses and Institutions: Most Holy Trinity School Neighborhood Character: The Browndale neighborhood was subdivided in 1915 and home construction occurred relatively early taking advantage to street car lines on 44th Street. With the exception of commercial and civic uses along its northern boundary, the Browndale Neighborhood is composed primarily of single family homes. Brown- dale Park provides a recreation and aesthetic amenity in the south central portion of the neighborhood. Wooddale, a minor collector route, serves the neighborhood. A pedestrian link is proposed extending from the pedestrian bridge at Highway 100 to Brookside Community Center through the neighborhood to Susan Lindgren School. Specific Development Guidelines: No expansion of commercial development into the residential area is proposed. Desired Neighborhood Improvements: Add sidewalks, especially along Quentin, Brook Street, and Wooddale north of Princeton; Stricter winter maintenance for sidewalks; accessible sidewalks; safe crossings, especially on Excelsior Boulevard; a walking trail and rest rooms in Browndale Park; improved transit, especially north/south connections; Traffic calming; Pedestrian lighting; Sound walls on TH. 100; larger single family homes; added gymnasium space, add trees. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 7 RESOLUTION NO. 06-_______ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4525 MORNINGSIDE ROAD WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and WHEREAS, the Housing chapter of the Comprehensive Plan states, “The greatest deficit and need is for the creation and maintenance of detached, owner-occupied single family housing which are large enough to accommodate families. City housing efforts and resources should primarily address this need,” and St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 8 WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on April 5, 2006, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies, and WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 06-02-CP), and WHEREAS, the contents of Planning Case File 06-02-CP are hereby entered into and made part of the public hearing record and the record of decision for this case. NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on the attached map from P - Park to RL – Low Density Residential for the property at 4525 Morningside Road Reviewed for Administration: Adopted by the City Council April 17, 2006 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 9 SUMMARY RESOLUTION NO. 06-________ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4525 MORNINGSIDE ROAD This resolution states that the Comprehensive Plan land use designation of 4525 Morningside Road will be changed from P – Parks and Open Space to RL – Low Density Residential Adopted by the City Council April 17, 2006 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: April 27, 2006 St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 10 RESOLUTION NO. 06-_________ RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF BROWNDALE PARK SECOND ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The City of St. Louis Park, owner and subdivider of the land proposed to be platted as Browndale Park Second Addition has submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: That part of Lots 25, 26, and 27, Block 2, BROWNDALE PARK, according to the recorded plat, thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of said Lot 27; thence North 89 degrees 34 minutes 44 seconds East, assumed bearing along the north line of said Lot 27, 155.17 feet; thence South 0 degrees 25 minutes 16 seconds East, 91.25 feet to its intersection with a line drawn parallel with and distant 100.00 feet west of the east line of said Lot 26; thence South 6 degrees 17 minutes 47 seconds East, along said parallel line, 59.03 feet to the south line of said Lot 25; thence South 89 degrees 34 minutes 44 seconds West, along said south line, 161.74 feet to the southwest corner of said Lot 25; thence North 0 degrees 13 minutes 44 seconds West along the west line of said Lots 25, 26, and 27, 150.14 to the point of beginning. Conclusion 1. The proposed preliminary and final plat of Browndale Park Second Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk, subject to the following conditions: St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 11 a. Park dedication in the form of cash-in-lieu of land is collected for Lot 1, Block 1, Browndale Park Addition. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council April 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 12 Unofficial Minutes Planning Commission April 5, 2006 E. Comprehensive Plan Amendment and Plat to Create One Single Family Lot Location: 4525 Morningside Case Nos.: 06-02-CP and 06-03-S Applicant: City of St. Louis Park Ms. McMonigal presented a staff report. According to the staff report, 4525 Morningside Road was determined to be a parcel that would be sold for a single-family home. An amendment to the Comprehensive Plan and a Preliminary and Final Plat for this property are required to facilitate the sale. The Comprehensive Plan amendment will change the lot’s designation on the Comprehensive Plan from Parks and Open Space to Low Density Residential. The plat includes two lots—one for a new single family home and one that includes the neighboring property at 4309 Browndale Road, and adds 8.89 feet of width by 155 feet of depth to it. Commissioner Morris said the dedication language in the final plat should also state “the easement for public street,” i.e., dedicate the street as being added in. Ms. McMonigal said it will be added. Chair Carper opened the public hearing. Mac Chatfield, 4252 Toledo, a frequent user of Browndale Park, opposed the motion to amend the Comprehensive Plan. He cited the Comprehensive Plan for park and open space in a document already approved, and to sell that lot is contrary to the goals of the Comprehensive Plan. Mr. Chatfield said in November 2005 the Council discussed what to do with the funds generated by the sale of the property. In part, Council said the revenues would not be placed in the general fund but would serve the needs relating to an environment and the need for open space. Mr. Chatfield said by selling this, you are going opposite to what the desires are. He urged the Comprehensive Plan not be amended. Patsy Monson, 4240 Browndale Avenue, asked for a clarification regarding the zoning of Browndale Park. Ms. McMonigal said the property is zoned R-1, single family residential, and it also includes parks and open space in the city. Most parks and open space have an R-1 zoning. Ms. Monson asked: Why was this put on the Excess Land list in the first place? Why is a park deemed excess land? Commissioner Robertson was on the Excess Land Committee, and he said it was explained to him that although it is designated on the Comprehensive Plan as an open space it was not owned or maintained by St. Louis Park nor did St. Louis Park desire to own or maintain it, therefore, it was deemed excess land. Ms. Monson asked, why then change the land use designation of it? Ms. McMonigal said the designation needs to be changed in order to place a single-family home on the lot to show that the Comprehensive Plan would be residential, low density as the land use. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 13 Ms. Monson said so a park is really not a park and can be sold willy-nilly. That is what the neighborhood is concerned about because it has been a park for 60 years, it has been used as a park, and it has been maintained by the City of St. Louis Park as a park. Ms. Monson would like it to remain designated as a park. Chair Carper asked if the Parks department or the City has maintained this area. Ms. Larsen said she doesn’t know. It was determined by the Task Force and the Council that this parcel is not integral to the park. Ms. Monson asked: What prevents the sale of remaining lots that make up the rest of Browndale Park? Chair Carper said essentially nothing other than the process that exists to sell any other pieces of property the City owns. Commissioner Kramer asked if that corner of land was part of the park originally or part of tax forfeited land that became annexed to the park. Ms. Larsen said this parcel is not a tax forfeit parcel, the City owns it outright. It was probably acquired through condemnation. Ms. Monson said it was a swamp and a lake. Reverend Molly Cox, 4920 Morningside Road, opposes the motion. Reverend Cox has lived on Morningside Road for 35 years. Browndale Park is extremely important to the neighborhood—it is the focus and center of the neighborhood. It has been used and cared for and loved in the past 10 years better than ever before. Bruce Fisher, 4359 Browndale, said the park is common space, and common space is important. Mr. Fisher asked: What will be done with the money from the sale of the parcel? It is park land and should be maintained as park land. Commissioner Morris asked: What is the difference between city-owned land and city-owned land used as park? Ms. McMonigal said it is all city- owned, St. Louis Park does not have a Park Board. Chair Carper asked about various maintenance departments. Ms. McMonigal said there is a separate parks maintenance department and they maintain the parks, including Browndale Park. Commissioner Kramer asked, what was the identifying force behind the Browndale parcel? Ms. Larsen said the original identification of the parcels was done in 1995 by the Parks and Open Space Study. They studied 397 vacant parcels in the City. Browndale was identified as not integral to the park. Commissioner Kramer asked speakers to state why they find this part of the park to be integral. The question asked was: Is this parcel considered a gateway to the park. The audience responded yes. Susan Cantor, 4249 Utica Avenue South, said yes, it is a gateway to the park. It is integral because by and large it is a very sunny park and that parcel provides shade. John Lawson, 4320 Browndale, said the park attracted him to buy his home. Mr. Lawson mentioned a letter sent to residents by the City of St. Louis Park, dated the 7th, and it discussed the aging street program and modifications to the street for a cable down Browndale Park. The maps show the park going to the corner of Morningside and Browndale. Mr. Lawson doesn’t want to call St. Louis Park the “City that sells the Park.” There are several celebrations in St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 14 Browndale Park and he anticipates having those celebrations on that corner, if it is not sold. When this item came up, over 200 people signed a petition protesting the sale of this lot. If that lot is sold, Mr. Lawson said it would be a failure of a democratic process and a failure of a democracy right here in St. Louis Park. Chair Carper said he will accept the letter as an exhibit and will retain it permanently. Wendy Olson, 4316 Browndale, asked if the State allows the City to sell parkland. Ms. Olson would like to get a hold of the original plat and see if it states “the intent of the land.” She asked to table this item until they get the information. Some cities state in their Charters that parkland cannot be sold without a general election. Ms. Olson said that is not in the St. Louis Park Charter, but it should be. Ms. Larsen said when a plat is recorded and if it is dedicated as parkland, then there are different processes that a city would have to follow to sell the parcel. The original plat does not state it as being dedicated as parkland; therefore, it can be sold. Ms. Larsen said the City has a copy of the original plat and would be happy to share it with the neighborhood. The entire park is non-dedicated. Commissioner Johnston-Madison suggested that Ms. Larsen provide background information for the new commissioners on the Excess Land process. Chair Carper invited people wishing to address issues to send letters to the Charter Commission in care of the City Clerk and those actions will be considered. Lyn Osgood, 4337 Browndale, said neighbors do maintain the park. The park building has shifted closer to the streets and there are unknown traffic patterns. No traffic studies have been done. Ms. Osgood said that corner should be left as a flood region because of its low elevation. The park is the neighborhood connector. Ms. Osgood asked: Why would a home face Morningside? It would not be aesthetically pleasing. A home would create a blind spot on that corner. There are now 46 children on the park. Commissioner Robertson said zoning pretty much designates the short side of the lot as the front so it probably would face Browndale. Mike Schacherer, 4321 Browndale, said the selling point for him was the park. He purchased his home in August of 2005. He said the neighborhood is highly organized and vital. The neighborhood loves that park. Mari Salveson, 4309 Browndale, reviewed the support from the neighborhood, i.e., over 200 signatures have been gathered and over 70 representatives have spoken at meetings, and 200 yard signs ordered. Ms. Salveson asked: Can the R-1 zoning be changed so as not to exist? What about the little parks? Can we revote? Can we table it and have the Council look at it again. We need to protect open space and green space. Ms. Salveson said the Browndale Neighborhood Association would like to propose to buy the parcel. Commissioner Morris asked: How will the lot sale be conducted? Ms. Larsen said it will be a sealed bid process. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 15 Ms. McMonigal said Mari Salveson, the neighbor to the south, is a party to the plat. Ms. Salveson said for the record, she was highly involved in this, opposing the development of the land, and she met with Kathy Larsen. Ms. Salveson said take the 8.9 feet but let us have our park, and if a house is built, she wants it to be 8.9 feet less big. Nicole Lenzen, 4300 Browndale, said the parcel is a gateway. The intersection is dangerous and a home on that parcel would obstruct the view of people and children crossing. Do consider the importance of the parkland. Peter Lenzen, 4300 Browndale, said his concerns are: The loss of this land will take parkland away; removal of an access; and create a safety issue. Mr. Lenzen said stop signs are few. He wonders how much open space per person St. Louis Park has. The number of children should be considered. Mary Campbell, 4306 Browndale, said she agrees with the concerns voiced. With a new Council in place, could this issue be re-presented to them? She said she promised her 8-year-old son that she would ask: Why are you taking my 8-year-old son’s ball field away from him? Chair Carper said this item will go to Council on April 17th. Glen Sorenson, 4340 Browndale, said he thinks parkland is actually called public use land in the Minnesota Statutes. Commissioner Morris said Mr. Sorenson is correct, it is termed “dedicated for public use.” Ms. Osgood said St. Louis Park is in the middle of change. To tap into one lot doesn’t make sense. Jim Ertz, 4340 Coolidge, is a 40-year resident and he doesn’t want the park to be sold. Ms. Salveson said the neighborhood understood that sale would be open to St. Louis Park residents only, but they’ve since learned that isn’t so. Ms. Larsen remarked that the sale process has a preference for a St. Louis Park resident. Chair Carper closed the public hearing. Commissioner Robertson said he was part of the Excess Land Committee and also the Housing Summit. It was not about the money. He said the Task Force was aware of neighborhood concerns and how much the park has been used. Commissioner Johnston-Madison, also on the Excess Land Committee, said there were many months of discussion and it was never about the money, it was about move-up housing. Commissioner Kramer, also on the Excess Land Committee, said he would like to see if there is a way that the neighborhood is really serious about buying the property, to create a trust. He encourages the neighborhood to explore the trust concept. St. Louis Park Council Meeting Item: 041706 - 8b - Comp Plan & Prelim Final Plat 4525 Morningside Page 16 Commissioner Morris applauds the neighborhood for their work. He said the matter before the Planning Commission is to change the Comprehensive Plan only. The decision to sell the land has been made. Commissioner Morris supports the neighborhood’s idea of retaining it as a park and he urges the Browndale neighborhood to try to sway the Council to give it another review— some things may have changed. Chair Carper said he would like to find a way to facilitate the additional land for the neighbor. He thinks the park area should be kept as it is. Chair Carper will propose a motion that the City not sell the entire lot but does facilitate the expansion of the house next door to whatever lot could be necessary. Commissioner Johnston-Madison she didn’t think the Planning Commission could do that. Through a lengthy process it has already been decided that the lot will be sold She said she is not comfortable giving non-approval back to the Council. Chair Carper thinks the Planning Commission can do this, saying that the Commission has its own opinions. Commissioner Johnston-Madison said she is not for amending the decision at all. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for 4525 Morningside Road from P – Park to RL – Low Density Residential and to recommend approval of Browndale Park Second Addition Preliminary and Final Plat. The motion was seconded by Commissioner Morris. The motion passed on a vote of 4-2 (Chair Carper and Commissioner Kramer opposed). Chair Carper said the Chair will not offer a recommendation to the Council at this time from the Commission that they should not sell that particular lot nor sell the additional land to the individual. St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 1 8c. 4200 Natchez Avenue South – Preliminary and Final Plat of Wooddale Park First Addition Case No.: 06-24-S Recommended Action: Motion to adopt a resolution approving Wooddale Park First Addition Preliminary and Final Plat Comprehensive Plan: RL - Low Density Residential Current Zoning: R-2 – Single Family Current Land Use: Vacant Proposed Land Use: Two new single-family lots Description of Request: As a part of the Excess Land process, 4200 Natchez Avenue South was determined to be a parcel that would be sold for single-family homes. The Comprehensive Plan guides this property for “Low Density Residential” and the zoning is R-2, Single Family Residential. A Preliminary and Final Plat for this property are required to facilitate the sale. The plat includes two lots for new single-family homes, as well as dedication of the existing adjacent alley to the west. A portion of the un-built Natchez Avenue South on the east side is intended to be vacated to become part of Lot 2. Excess Land Process: After a year long public process, in December of 2005 the City Council passed a resolution in support of the sale of several parcels that had previously been classified as excess publicly- owned land. This approval by the Council was preceded by a public process that began in January of 2005 with the appointment of the Excess Land Task Force. The deliberations and public process that led to the Council’s determination to sell certain parcels is outlined in the Excess Land Process attachment to this report. The parcel at 4200 Natchez Avenue South was determined by the Excess Land Task Force to be excess land that could be suitable for the construction of a single-family home. The Excess Land Task Force found that there were 9 parcels citywide that could be used for the construction of up to 17 new single-family homes. Planning Commission Recommendation: On April 5, 2006, the Planning Commission held a hearing on the proposed plat. One neighbor, John Noricki of 4718 Ottawa Court, asked about the “buildability” of the lot. Kathy Larsen noted that soil bearings showed there was 14 feet of peat on the lot and special construction techniques would be necessary for these lots. Mr. Noricki was concerned about driving pilings for the construction (minutes attached). The Planning Commission recommended approval with a 6-0 vote. St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 2 4200 Natchez Avenue South The platting of the parcel into two lots is the next step in preparing the parcel at 4200 Natchez Avenue South for sale to the public. The sale of the parcel, which will provide move-up housing within St. Louis Park, includes guidelines to ensure that the future construction is compatible with the existing neighborhood and will give preference to current residents of St. Louis Park. 4200 Natchez Avenue South St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 3 Preliminary and Final Plat: The plat consists of the following: ▪ Lot 1 – 68.84’ x ~155’ for a new single family home (10,670 s.f.) ▪ Lot 2 – 60’ x ~152’ for a new single family home (9,120 s.f.) ▪ Right-of-way - 16’ to be dedicated for the existing alley to the west of the two lots ▪ Total area = 21,158 square feet The plat meets the requirements of the Subdivision and Zoning Ordinances. R-2 zoning requires a minimum lot size of 7,200 square feet and 60 feet of width at the setback line. In addition, it is intended that the un-built Natchez Avenue will be vacated and is included in this lot. Single-family lots in the R-2 district are required to be a minimum of 60 feet wide. Lot 2 is proposed as the wider lot for two reasons. First, Lot 1 will have driveway access from the alley to the west, which will allow more width for building a larger house. Second, the area of Natchez Avenue South to be vacated on the east side is a low wet area, and will have an extra wide drainage and utility easement over it – 28 feet wide. For these reasons, Lot 2 is proposed with as much width as possible while ensuring that both lots meet the R-2 zoning standards. Drainage and utility easements are shown on the plat as required by the City’s Subdivision Ordinance. They are placed around the perimeter of each lot. Recommendation: Staff recommends approval of the Preliminary Plat and the Final Plat for Wooddale Park First Addition, with the following conditions: 1. Park dedication in the form of cash-in-lieu of land is collected for Lots 1 and 2, Block 1, Wooddale Park 1st Addition. Attachments: Location Map Resolution Preliminary Plat (supplement) Final Plat (supplement) Draft Planning Commission minutes Prepared by: Meg McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 4 RESOLUTION NO. 06-074 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WOODDALE PARK 1ST ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The City of St. Louis Park, owner and subdivider of the land proposed to be platted as Wooddale Park 1st Addition has submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lots 1,2, 3 & 4, Block 1, Wooddale Park, according to the recorded plat thereof, Hennepin County, Minnesota, and also that part of vacated Natchez Avenue adjacent to Lots 1,2,3 & 4, Block 1 Conclusion 1. The proposed preliminary and final plat of Wooddale Park 1st Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk, subject to the following conditions: a. Park dedication in the form of cash-in-lieu of land is collected for Lots 1 and 2, Block 1, Wooddale Park 1st Addition. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 5 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council April 17, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 6 St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 7 Unofficial Minutes Planning Commission April 5, 2006 3. Hearings: D. Preliminary and Final Plat to Create Two Single Family Lots Location: 4200 Natchez Case No.: 06-24-S Applicant: City of St. Louis Park Planning and Zoning Supervisor Meg McMonigal presented a staff report. The report states that as a part of the Excess Land process, 4200 Natchez Avenue South was determined to be a parcel that would be sold for a single-family home. A Preliminary and Final Plat for this property are required to facilitate the sale. The plat includes two lots for new single-family homes, as well as dedication of the adjacent alley to the west. A portion of the un-built Natchez Avenue South on the east side is intended to be vacated to become part of Lot 2. Staff is recommending approval of the Preliminary and Final plat. Ms. McMonigal said there is one change to the conditions listed in the staff report, i.e., no sidewalk included on these lots. Commissioner Robertson asked Ms. McMonigal to go through the difference between the Preliminary and the Final Plat, usually there isn’t much difference between the two. Ms. McMonigal said staff thought half of Natchez Avenue was in Edina and half in St. Louis Park. Upon further review, it was determined that the entire right-of-way for Natchez Avenue is in St. Louis Park, so that was added to the entire plat. It will have to be vacated again, an action to take place at the City Council level. The approval for the Preliminary Plat is a formality. Chair Carper opened the public hearing. John Novicki, 4718 Ottawa Court, tried to purchase in the 1990s. Housing Program Coordinator Kathy Larsen responded that the Public Works department has determined that lots further to the south shall be retained and kept for open space and for drainage purposes. Ms. Larsen said the most southerly lots will not be sold. John Deinema, 4201 Ottawa Avenue South, asked if the lot will be filled prior to building houses. Chair Carper said that issue would not be decided tonight or perhaps ever. Tonight’s business is to decide the exterior platting of the lots. Mr. Deinema asked if the lots would be north-facing, a curb cut for a garage facing 42nd Street for these lots? Ms. McMonigal replied yes, the intent is the lot closest to Mr. Deinema on the west would have access to a garage from the alley; the other lot would have to gain access from 42nd Street and there would be a curb cut, so one additional curb cut. St. Louis Park Council Meeting Item: 041706 - 8c - Prelim. & Final Plat 4200 Natchez Page 8 Mr. Deinema asked if piles would be used. Ms. Larsen said staff went through soil borings on this parcel from about five years ago. There is about 14 feet of peat so construction is possible but it would require a special construction technique. Ms. Larsen said an engineer’s report would be included with recommendations for construction to anyone who purchases the lot. Chair Carper closed the public hearing. Commissioner Morris asked: By disposing of the two parcels that front on 42nd Street, are we landlocking the remaining parcels? Ms. McMonigal replied, yes, essentially we are but they are not intended to be developed because they will remain city-owned and are intended to remain that way as a low area for the collection of water. Commissioner Morris asked how would the city perform maintenance, will the public alley be the main access point? Ms. McMonigal said the public alley or the drainage and utilities easements along the plats will provide access. Chair Carper asked about addressing for the plats. Ms. McMonigal said the two lots will get two new addresses; 4200 Natchez is currently being used as a general reference to this parcel throughout the excess land process. Commissioner Person asked if the access to the easterly lot would be a curb cut off of 42nd. Ms. McMonigal said yes, but access for the westerly lot would be through the existing alley on the west of the property, therefore, the intent would be to have the design of the house so that the access is off of the alley. Chair Carper asked if the builder could choose where the access would be, i.e., the curb cut or the alley. Ms. McMonigal said as part of the Excess Land process, the city also has a design process; the preference here is that the access be off of the alley and the garage be situated to the rear of the home. Commissioner Morris made a motion to recommend approval of Browndale Park Second Addition Preliminary and Final Plat. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. Correction: Ms. McMonigal made a correction to the staff report and the motion. She said it is Wooddale Park First Addition and not the Browndale Park Second Addition. As maker of the original motion, Commissioner Morris said he would like to amend it to correct it to the Wooddale Park. Commissioner Morris made a motion to recommend approval of Wooddale Park First Addition Preliminary and Final Plat. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 1 8d. Junior High Addition – Preliminary Plat with Variances to Lot Size and Maximum Driveway and Parking Area in Front Yard Location: 1650 Texas Avenue South Applicant: Parkway Development, LLC Case Nos.: 06-15-S and 06-16-VAR Recommended Action: Motion to adopt a resolution of denial for a variance to lot size and denial of a variance to the required maximum paved front driveway and parking area. Motion to adopt a resolution of denial for the proposed Preliminary Plat, as it does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 district. Site Area: 13,818 square feet Zoning: R-1 Single Family Residential Comprehensive Plan: Residential Low Density Description of Request: Requested is approval of a Preliminary Plat to divide one existing single-family lot into two lots at 1650 Texas Avenue South. The developer would like to tear down the existing home and build two new homes. In order to subdivide the existing one lot into two, a variance is required for the lots to be smaller than minimum lot size in the R-1 zoning district. The lots are proposed to be slightly over 6,900 square feet in area versus the 9,000 square feet required in the R-1 zoning district. The developer would also like to construct a circular driveway to jointly serve the proposed lots, which would mean the maximum driveway and parking area allowed would be exceeded. Background: There is an existing single family home on the site that is empty and has been stripped of most of the interior materials. It sits on a hill that rises from the street to the home. The lot has an angled rear lot line, and is shaped this way apparently because of the history of the platting of the property in the area. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 2 Analysis: Variances Variances are requested for the following: 1. Lot size in the R-1 Zoning district – 9,000 square feet 2. Maximum driveway and parking area in a front yard - 30% Lot Size Variance The first variance for lot size request is to allow two lots smaller than the minimum lot size required in the R-1 zoning district: Size Required Variance requested Lot 1 6,915 9,000 -2,085 Lot 2 6,909 9,000 -2,091 In order to grant a variance, the city needs to find in favor of all of the following criteria: 1. Where by reason of narrowness, shallowness, or shape of the lot, or where by reason of exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot, the strict applications of the terms of this ordinance would result in a peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Although the shape of the lot is slightly unusual, it does not result in peculiar and practical difficulties in building a home on it. A home can be, and now is, placed on the site while meeting the strict applications of the ordinance. Therefore, there is not exceptional or undue hardship present that would require the city to deviate from its required minimum lot size. The lot can be developed and used in a manner customary and legally permissible with the R-1 zoning district. 2. Conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. The topography on this site is similar to the other lots in the area. As the applicant notes, “a steep ridge line runs along the rear lot lines of all the lots from Texas Circle to Franklin Avenue and beyond.” There is not a circumstance that is peculiar to this particular site versus other properties adjacent to it. This lot does not have conditions with it that would not apply to other land or structures in the immediate area or in the same zoning district. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 3 3. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owner has the right to use the single-family home on the lot, or rebuild a new single family home on the lot as it exists today. This preserves property rights and provides the ability to enjoy and use the property. 4. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Granting a variance for lot size to allow two lots will likely not impair the supply of light and air to the adjacent properties, however it would result in a more crowded environment than exists today. It would not increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair the established property values in the surrounding area, or in any other way impair the health, safety, comfort, or morals of the area. Allowing two undersized lots in this R-1 neighborhood may not immediately impact the character of the neighborhood, however it brings into question the intent of the R-1 standard of a 9,000 square foot minimum lot size. There are many more parcels in the immediate area and in R-1 and R-2 districts citywide that are of a similar size. A zoning standard is chosen to create a certain development pattern and spacing among homes within a particular district. If that standard is to be altered, it may impact the character of the R-1 zoning areas of the city. 6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan. Granting the variance would be contrary to the intent of the R-1 district to have a minimum lot size of 9,000 square feet. There are many more parcels in the City that could be potentially subdivided if the standard were reduced. Changing a standard should only be undertaken with a significant amount of study and consideration on a citywide basis. 7. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable undue hardship or difficulty. There is not a “demonstrable undue hardship or difficulty” associated with this lot. It can be used for a single-family home, as it has in the past. There is not a compelling reason for the variance to allow this single family lot to be split into two lots. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 4 Summary of Variance Request to Lot Size The lot size requested is smaller than allowed in the R-1 zoning district, and is smaller than the minimum lot size in the R-2 zoning district. A home can be, and now is, placed on the site while meeting the strict applications of the ordinance. There is not a hardship present that indicates a reason to allow a variance from the minimum lot size in the R-1 zoning district, as the topography does not prohibit using the lot for a single family home. This lot is not different than hundreds of other lots throughout the city. In addition to lot size, it should be noted that the proposed Lot 1 does not meet the required 75 feet of width at the setback line. This situation was not identified prior to the application, and therefore a variance was not requested or advertised for it. The lot is approximately 70 feet wide and a variance would be necessary for this requirement. If the concept of splitting larger lots into smaller lots is one the City Council would like to consider, the appropriate process would be to study the overall standards in the ordinance and carefully consider the implications of changing standards on the community. To do so, a study of the impacts to R-1 and R-2 neighborhoods should be undertaken. Variance for maximum driveway and parking area in a front yard - 30% The second variance is for the percent of driveway and parking area allowed in a front yard in residential districts. A maximum of 30% is allowed. Percent driveway area Maximum Allowed Variance requested Lot 1 38% 30% 8% Lot 2 36% 30% 6% 1. Where by reason of narrowness, shallowness, or shape of the lot, or where by reason of exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot, the strict applications of the terms of this ordinance would result in a peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. The lot is somewhat steep, and a circular driveway may be a practical way to serve a home or two homes. However, with one home on the lot, the zoning standards can be easily met. With two homes, the connection between the driveways could be eliminated and portions of the proposed driveway could be eliminated in order to increase the green space in the front yard, and likely meet the zoning requirement. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 5 2. Conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. The topography on this site is similar to the other lots in the area. There is not a circumstance that is peculiar to this particular site versus other properties adjacent to it. This lot does not have conditions with it that would not apply to other land or structures in the immediate area or in the same zoning district. 3. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property currently has a driveway to serve the single-family home on the lot. The property can be adequately served while still meeting the green space requirement. 4. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Granting a variance for the paved driveway and parking area will likely not impair the supply of light and air to the adjacent properties, however it would result in less green space than exists today. It would not increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair the established property values in the surrounding area, or in any other way impair the health, safety, comfort, or morals of the area. Allowing a circular driveway in this neighborhood would not impact the character of the neighborhood in itself, with the exception of decreasing the green space along Texas Avenue. 6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan. Granting the variance would be contrary to the intent of the R-1 district to have a maximum paved area in front yards. It appears the driveway could be achieved without a variance. 7. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable undue hardship or difficulty. There is not a “demonstrable undue hardship or difficulty” associated with this driveway. It can be served with a driveway that meets the zoning requirements. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 6 Summary of Variance Request to Driveway and Parking Area While a circular driveway may be desirable to the applicant, it appears that the strict application of the ordinance can be met without a variance. With one home, the driveway area would be reduced and meet the zoning requirements. With two homes, modifications to the proposed driveway area could be made to reduce the percent of overall paved surface area and meet the requirement. Preliminary Plat The preliminary plat proposes splitting one single family lot into two lots and dedicating a portion of Texas Avenue. Drainage and utility easements are shown on the plat placed around the perimeter of each lot as required. The lots are evenly split in size, Lot 1 is 6,915 square feet and Lot 2 is 6,909 square feet. The minimum lot size in the R-1 zoning district is 9,000 square feet and a variance to that standard has been requested as discussed above. As a hardship has not been identified that distinguishes this lot from many others in the area and around the city, it has been recommended that the variances to lot size be denied. Without a variance to this requirement, the proposed lots do not meet the size requirements of the R-1 zoning district, and therefore it is recommended that the plat be denied. Recommendation: Based on the analysis that the proposed variances do not meet the required findings, staff recommends denial of the variance for lot size to allow the subdivision of the parcel into two lots, and denial of the variance to the required maximum paved front driveway and parking area. Staff also therefore recommends that the Preliminary Plat be denied, as it does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 district without a variance. In addition to lot size, it should be noted that if the proposed variance and plat are to be approved, an additional variance would be required as Lot 1 does not meet the required 75 feet of width at the setback line. In this instance, it is recommended that final action be postponed until this variance can be processed to come forward concurrently. Attachments: Location map Resolution Application and written request from Applicant (supplement) Preliminary Plat (supplement) Lot Sketch and concept house drawings (supplement) Planning Commission minutes Letter from Steiner & Curtiss, P.A., applicant’s attorney (supplement) Prepared by: Meg McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 7 St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 8 D R A F T RESOLUTION NO. 06-___________ RESOLUTION OF DENIAL A RESOLUTION OF FINDING REGARDING THE APPLICATION FOR PRELIMINARY PLAT WITH VARIANCES TO LOT SIZE AND MAXIMUM DRIVEWAY AND PARKING AREA IN FRONT YARD FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY DISTRICT AT 1650 TEXAS AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota 1. On February 21, 2006 Parkway Development, LLC submitted an application for approval of preliminary plat of Junior High Addition, variance for lot size to allow the subdivision of the parcel into two lots, and variance to the required maximum paved front driveway and parking area for property located in the R-1 Single Family District, at 1650 Texas Avenue South for the following legal description, to wit: Parcel 1: That part of Lot 6, “Beebe’s Out Lots,” which lies west of the west line of Texas Avenue and that part of the adjoining vacated Morton Street, as dedicated in the plat of “Beebe’s Out Lots” lying south of the extension across it of the north line of said Lot 6; all of which lies Northeasterly of a line drawn from a point 168.93 feet Northeasterly of the point of beginning of the following described line, as measured along said line, which line is described as beginning at a point in the West line of Section 5, Township 117, Range 21, distance 410.65 feet North of the Southwest corner of said Section 5; thence in a Northeasterly direction a distance of 1019.4 feet to a point 494.7 feet East of a point in the West line of said Section 5, said last mentioned point being 1319 feet North of the Southwest corner of said Section 5, drawn to the most Southerly corner of Lot 1, Block 1, “Country Club Addition of Westwood Hills.” Parcel 2: That part of the South 75 feet of Lot 7, measured along the Westerly line thereof, which lies west of the Southeasterly line of the road described in deed Doc. No. 184005 that part of the adjoining vacated Morton Street lying between the extensions across it of the North and South lines of the South 75 feet of said Lot 7, measured along the Westerly line thereof; All in Beebe’s Out Lots St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 9 Parcel 3: That part of Outlot 1, which lies Northeasterly of a line described as commencing at a point in the West line of Section 5, Township 117, Range 21, distant 410.65 feet North of the Southwest corner of said Section 5 and said point being hereinafter known as Point A; thence in a Northeasterly direction a distance of 168.93 feet to the beginning of the line to be described, said 168.93 feet being measured along a line which extends to a point that is 1019.4 feet from said Point A and 494.7 feet East of a point in the West line of said Section 5 said last mentioned point being 1319 feet North of the Southwest corner of said Section 5; thence Northwesterly passing through the most Southerly corner of Lot 1, Block 1, “Country Club Addition of Westwood Hills”. 2. On March 15, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the application and approved denial of preliminary plat with variances on a vote of 3-1-1. 3. Based on the testimony, evidence presented, and files and records, the Planning Commission makes the following findings: a. The requested variances do not meet the requirements of Section 36-33(d) of the Zoning Ordinance necessary to be met for the City to grant variances. There are no factors related to the shape, size or other extraordinary conditions on the lot which prevent a reasonable use of the property. b. Granting of the requested variances is not necessary for the preservation and enjoyment of a substantial property right. The property has a single family home on it and currently has a reasonable use allowed in the R-1 zoning district. c. Granting of the requested variances would be contrary to the intent and provisions of the Zoning Ordinance since, if granted, it would allow two lots substantially smaller than what is allowed in the Zoning Ordinance. d. There are no demonstrable or undue hardships under the terms of the Zoning Ordinance or Minnesota Statue, and therefore, conditions necessary for granting the requested variances do not exist. e. The proposed Preliminary Plat does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 District, and therefore is not found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 4. The contents of Planning Case Files 06-15-S and 06-16-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 10 CONCLUSION The applicant’s requests for variances to lot size and maximum driveway and parking area in front yard, and preliminary plat approval, are hereby denied based on the findings set forth above. Reviewed for Administration: Adopted by the City Council April 17, 2006 ___________________________ _________________________________ City Manager Mayor Attest: ___________________________ City Clerk St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 11 Official Minutes Planning Commission March 15, 2006 B. Junior High Addition – Preliminary Plat with Variances Location: 1650 Texas Avenue South Applicant: Parkway Development, LLC Case No.: 06-15-S and 06-16-VAR Planning and Zoning Supervisor Meg McMonigal presented the staff report. Requested is approval of a Preliminary Plat to divide one existing single-family lot into two lots at 1650 Texas Avenue South. The developer would like to tear down the existing home and build two new homes. In order to subdivide the existing one lot into two, a variance to required minimum lot size is requested. The lots are proposed to be slightly over 6,900 square feet in area versus the 9,000 square feet required in the R-1 zoning district. A variance is requested to the minimum lot size requirement. The developer would also like to construct a circular driveway to jointly serve the proposed lots. A variance to the maximum driveway and parking area allowed in the front yard is also requested Ms. McMonigal said staff recommends denial of the variances to lot size, maximum front driveway and parking area. A home can be, and is, placed on the site while meeting the strict applications of the ordinance. Therefore, there is not exceptional or undue hardship present that would require the city to deviate from its required minimum lot size. The lot can be developed and used in a manner customary and legally permissible with the R-1 zoning district. Staff is also recommending the Preliminary Plat be denied as it does not meet the zoning requirements for minimum lot size in the R-1 Zoning District. Commissioner Johnston-Madison asked if anything has been heard from neighbors or if there has been a neighborhood meeting regarding subdividing the lot. Ms. McMonigal said there has been no neighborhood meeting, and she has received two phone calls asking for information. Commissioner Robertson said he will not vote on this matter due to conflict, and Commissioner Kramer said he would also abstain from voting. Joshua Aaron, applicant and president of Parkway Development, said he is a 30+ year resident of St. Louis Park. Mr. Aaron said based on what he is hoping to do, the price of the homes will be in the $550,000-600,000 range. He believes the homes will fit into the character of the neighborhood. Mr. Aaron said the packet he distributed to the Planning Commission is to illustrate the hardships that exist. Mr. Aaron said there is a steep ridge, the lots are irregular, and some time ago a street had been vacated to avoid the steep ridge. The lots, he said, have become nonconforming. Mr. Aaron emphasized that he has met a hardship, i.e., showing the property is irregular in shape and is unusual. Mr. Aaron reported that when the street behind this property was vacated and Texas Avenue was realigned, it consumed 5,500 square feet. According to Mr. Aaron, the property is not one parcel, it is three separate parcels that came together. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 12 Mr. Aaron asked if parks are included in the R-1 district, he thought they might be included. Mr. Aaron said at the street the driveway is about 20 feet wide, however, as it travels up the hill and to the existing home, the driveway narrows to 11 feet. Mr. Aaron showed a modeling study. He said the setback for the proposed homes is about 35 feet, and the trees will be preserved. Chair Carper asked how long the applicant has owned the property. Mr. Aaron said he purchased the property in May 2005. Commissioner Timian arrived at 6:40 p.m. Commissioner Morris said he thinks the City’s subdivision ordinance would require new sidewalks. Ms. McMonigal will look into that. Commissioner Morris asked if the proposed driveway would be a cross driveway easement between both property owners so as to use either edge of the drive to go in and out. Mr. Aaron said yes. Commissioner Person asked if the house is occupied, and Mr. Aaron said no. Commissioner Johnston-Madison asked if feedback from neighbors had been received. Mr. Aaron said not really. Chair Carper opened the public hearing. Joe Silbert, 8247 Westwood Hills Curve, is a life-long resident of St. Louis Park and a friend of Mr. Aaron’s. Mr. Silbert thinks the proposal would provide a great move-up housing opportunity and would not substantially change the character of the neighborhood—it would be a positive. Mr. Silbert noted Mr. Aaron’s previous success, Lamplighter Park Townhomes. Brandon Newman, 1644 Texas Avenue South, the property immediately to the north, said he is concerned about residences being closer to his home, e.g., a house on the north side of his home is just 15 feet away. Mr. Newman and his wife want their backyard to remain private; they don’t want to raise children with homes so close. Mr. Aaron said the home next to Mr. Newman’s house is 19 feet away, there will be a distance of 29 feet between Mr. Aaron’s proposed home and the Newman’s. Mr. Aaron said there is heavy screening between this lot and Mr. Newman’s home. Commissioner Morris said whether the proposal is approved or not, the house adjoining Mr. Newman’s house could still be the same distance from his house. St. Louis Park Council Meeting Item: 041706 - 8d - Jr. High Addition Plat With Variances Page 13 Chair Carper remarked that a house could be within six feet of the lot line. For the record, Chair Carper noted that a communication from the law firm of Steiner & Curtiss regarding the variance application was distributed to the Commission at the meeting. Steiner & Curtiss represents Parkway Development. The letter was given to staff by the applicant on the afternoon of March 15th. Chair Carper closed the public hearing. Commissioner Johnston-Madison said the modeling information was helpful to her. She is not so concerned about the driveway at this point, and she thinks the proposal would make a positive impact on the neighborhood. Commissioner Morris doesn’t like the configuration of the driveway, a 90° angle driveway to a roadway would be safer than a 45° angle to a roadway; this configuration of two driveways creates two pedestrian crossings where there is currently one. For safety concerns, Commissioner Morris prefers one 90° angle driveway to each of the proposed houses. Commissioner Morris said he agrees with staff’s logic. Commissioner Morris said he sees no hardship for this property because it is fully functional; the right-of-way argument is not logical. Chair Carper sees no need to divide the lot; he agrees with Commissioner Morris and staff’s recommendations. Commissioner Johnston-Madison doesn’t think dividing the lot would set a precedent. She said the Planning Commission would be passing up an opportunity that it doesn’t always have when presented with a lot split. She said this proposal would be an advantage to the neighborhood rather than a problem to the neighborhood. Ms. McMonigal remarked that staff receives subdivision requests for single family lots all of the time. This will not be the last time a request like this will be made. Commissioner Morris made a motion to recommend denial of the variance for lot size to allow the subdivision of the parcel into two lots, denial of the variance to the required maximum paved front driveway and parking area, and denial of the Preliminary Plat as it does not meet the Zoning Ordinance requirements for minimum lot size in the R-1 district. Commissioner Person seconded the motion. The motion to deny passed 3-1-1. (Johnston-Madison opposed, Timian abstained). Ms. McMonigal said she anticipates this item to be tentatively scheduled for the City Council on April 17th.