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HomeMy WebLinkAbout2017/10/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA OCTOBER 16, 2017 (Councilmember Miller Out) 6:00 p.m. SPECIAL STUDY SESSION – Police Department Discussion Item 1. 6:00 p.m. SLP Policing Model/Critical Incident Planning (Session 3 of 4) 7:30 p.m. CITY COUNCIL MEETING – Community Room 1.Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2.Presentations -- None 3. Approval of Minutes -- None 4.Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6.Public Hearings 6a. Public Hearing to Consider First Reading of 2018 Fee Ordinance Recommended Action: Mayor to conduct the public hearing. Motion to approve First Reading of an ordinance adopting fees for 2018 and set Second Reading for November 6, 2017. 6b. Assessment of Delinquent Charges Recommended Action: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to Adopt Resolution to assess delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges. 7.Requests, Petitions, and Communications from the Public – None 8.Resolutions, Ordinances, Motions and Discussion Items 8a. Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Recommended Action: Motion to Adopt Resolution approving a Preliminary Plat and Adopt Resolution approving a Preliminary Planned Unit Development, subject to conditions. 9.Communications – None Meeting of October 16, 2017 City Council Agenda CONSENT CALENDAR 4a. Approve the Second Reading and Adopt Ordinance amending the Businesses and Licenses code relating to solid waste hauler requirements and authorize publication. 4b. Approve Second Reading and Adopt Ordinance vacating a utility easement, and approve the Ordinance Summary for publication. 4c. Approve a contract with Hoisington Koegler Group Inc. to assist in updating the city’s Comprehensive Plan. 4d. Adopt Resolution affirming support for Perspectives’ grant application to the Brownfield Gap Financing Program. 4e. Adopt Resolution approving acceptance of a scholarship from the USGBC to cover the registration fee of $1,300.00, for Shannon Pinc, Environment & Sustainability Coordinator, to attend the 2017 International Greenbuild Conference in Boston, MA. 4f. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3509 Aquila Avenue South, St. Louis Park, MN. P.I.D. 18-117-21-42-0031. 4g. Adopt Resolution setting the 2018 Utility Rates. 4h. Designate Veit & Company, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $126,366.63 for the 2017 Bass Lake Preserve Outlet Project - Project No. 4014-4000. 4i. Approve for filing Planning Commission minutes of July 19, 2017. 4j. Approve for filing Planning Commission minutes of July 19, 2017. 4k. Approve for filing Planning Commission minutes of July 19, 2017. 4l. Adopt Resolution approving acceptance of a monetary donation from the National Association of Government Web Professionals in an amount not to exceed $3,000 for all related expenses for Jason Huber, Information Technology Manager, to attend the 2017 National Association of Government Web Professionals National Conference in San Diego, California. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. 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. Meeting: Special Study Session Meeting Date: October 16, 2017 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: SLP Policing Model / Critical Incident Planning (Session 3 of 4) RECOMMENDED ACTION: No action required. Staff looks forward to the discussion and answering questions of the Council. POLICY CONSIDERATION: None at this time. SUMMARY: The St. Louis Park Police Department has built community trust through Community Oriented Policing. Despite this strong support from the community, trust in the police can be fragile. To help prepare the council for questions about our police department, especialy in the event of a critical incident, City Manager Harmening, Police Chief Mike Harcey and staff are conducting a series of four informational meetings with council. Session three will cover current issues facing policing, challenging citizen contacts, use-of-force decision making, and how we train to deal with these situations. The intent of this session is to provide some insight into the tense, uncertain and rapidly evolving situations that our officers are confronted with every day. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Michael Harcey, Police Chief Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code RECOMMENDED ACTION: Motion to approve the Second Reading and Adopt Ordinance amending the Businesses and Licenses code relating to solid waste hauler requirements and authorize publication. POLICY CONSIDERATION: Does the City Council wish to amend the Businesses and Licenses code? SUMMARY: Staff initiated a request to amend the Businesses and Licenses (Chapter 8) code. The proposed ordinance was reviewed by the City Attorney. The businesses and licenses code (Chapter 8) amendments include updating and harmonizing relevant definitions with solid waste management (Chapter 22), and adding requirements for licensed solid waste collectors to label collection containers for recycling and organics recycling used at multi-family and commercial locations. The proposed changes would take effect June 1, 2018. The ordinance changes were presented to the Council in a written report and discussed by the Council in study session on August 28, 2017. The Council was supportive of the proposed amendments. On October 2, 2017 the City Council voted 7-0 to approve the First Reading of the Ordinance. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Ordinance Ordinance Summary for Publication Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4a) Page 2 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code DISCUSSION A draft copy of the proposed changes is attached. Chapter 8: The following is a summary of the proposed changes in Chapter 8 that staff is prepared to discuss at this council meeting: (Pg 1-8) Definitions. Amending and adding several definitions in order to harmonize them with Chapter 22. Adding definitions for collection container, organic materials, recyclable materials, and yard waste. Updating definitions for bulk material container (formerly construction debris container), construction demolition debris (formerly construction demolition material), garbage, licensed solid waste collector (formerly licensed collector), and solid waste. Removing definition for refuse. (Pg 10) Collection container labeling. This ordinance amendment will require licensed solid waste collectors to label any recycling or organics recycling containers with both text and images to assist users in proper sorting. Dumpsters and carts used for recycling in commercial and multi-family buildings are often not labeled in a way that users can clearly understand which items go in which container. While many issues are at play in multi-family settings, lack of adequate signage is a significant factor. City Council Meeting of October 16, 2017 (Item No. 4a) Page 3 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code ORDINANCE NO.____ - 17 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODES RELATING TO BUSINESSES AND LICENSES AND SOLID WASTE MANAGEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The St. Louis Park Businesses and Licenses Code (Chapter 8), Sections 8-1, 8-138 through 8-140, and 8-213 are hereby amended by deleting stricken language, and adding underscored language. Chapter 8 BUSINESSES AND LICENSES* ARTICLE I. IN GENERAL Sec. 8-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air contaminant means any gaseous matter or particulate matter which, when present in the outdoor atmosphere, contributes to a condition of air pollution, including, but not limited to, gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders and odors. Air pollution means the presence in the atmosphere of one or more air contaminants, or combinations thereof, which is or may tend to be injurious to human health or welfare, or injurious to human, plant or animal life or property, or that interferes with the comfortable enjoyment of life or property or the conduct of business. Amusement arcade means a business at one location devoted primarily to the operation of mechanical or electrical amusement devices and open for public use and participation. Amusement device means a mechanical or electrical machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, checks, tokens or merchandise, or which provides for no such devices, and shall include pinball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, jukeboxes and similar games, which may be used solely for amusement and not as gambling devices. Atmosphere means the air that envelopes or surrounds the earth. Billboard means a sign which is used for the primary purpose of selling space advertising a product, service, business or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. City Council Meeting of October 16, 2017 (Item No. 4a) Page 4 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code Boardinghouse means a food and beverage service establishment where food or beverages, or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more. Bulk material container means any four-sided industry standard container including but not limited to a dumpster, tub, pod, or soft-sided dumpster bag that is used for the collection, storage or transport of construction demolition debris or solid waste in volumes larger than city- provided carts. City property means any property owned by the city, including, but not limited to, municipal buildings, parks or city rights-of-way. Collection container means any container including, but not limited to, wheeled carts, front load dumpsters, or roll-off dumpsters, designated for the collection of solid waste. Commercial entertainment establishment means an amusement arcade, when the arcade is the principal operation of the business establishment, a roller skating rink or a movie theater. Construction debris container means any roll-off four-sided steel container for temporary storage of construction and demolition materials. Construction demolition materials debris means any waste building materials, packaging and rubble resulting from the construction, repair and demolition of buildings. Courtesy bench means any bench or seat located on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare or on private property dedicated to public use or authorized for public use by the owner of such bench. Dog kennel means any place where four or more dogs over the age of nine weeks are kept for a period longer than 24 hours, or any business engaged in the breeding, health care, boarding or sale of dogs. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. (Ord. No. 2454-14, §3, 9-26-14) Emission means the discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. Enclosed parking facility means an enclosed building or structure, or part of a building or structure, used for parking, storage or maintenance of motor vehicles. Garbage means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. City Council Meeting of October 16, 2017 (Item No. 4a) Page 5 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code Garbage means the portion of solid waste that is not separated at the source by the generator for the purpose of reuse, recycling, or organics recycling. Health/sports establishment means a business, the primary purpose of which is health and fitness, of which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the city for inspection. High impact sexually-oriented business means any business with materials or entertainment provided to the public which are principally related to sexual stimulation or gratification other than a limited impact sexually-oriented business. Examples of a high impact sexually-oriented business include the following: (1)A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; (2)A business where specified sexual activities are explicitly, verbally described or shown; (3)A business where specified anatomical areas are explicitly, verbally described or shown; (4)A business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size of other restrictions to qualify as a limited impact sexually-oriented business; and (5)A business providing sexually-oriented materials for off-site use or entertainment where the sexually-oriented materials are dispersed within the business rather than isolated in a separate area. Licensed solid waste collector means any person holding a valid license from the city who shall offer to, or engage in, the collection of solid waste in the city. Limited impact sexually-oriented business means a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided to the public and which meets the following restrictions: (1)All sexually-oriented materials must be provided for use or entertainment off the business premises only; (2)All sexually-oriented materials must be provided from a separate area to which persons under the age of 18 years are prohibited access; (3)The separate area may not exceed a maximum of 20 percent of the retail floor area of the establishment, or 300 square feet, whichever is less; (4)No person outside the separate area shall be able to perceive or observe and sexually- oriented materials at any time, including when someone is entering or exiting the separate area, shopping or purchasing sexually-oriented materials; (5)A sign must be displayed on the entrance to the separate area which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of two inches high; and City Council Meeting of October 16, 2017 (Item No. 4a) Page 6 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code (6)The entry into the separate area shall be visible to an employee of the business at all times. Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30) calendar days or more. (Ord. No. 2396-10, 3-1-11) Massage means the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health care referral, relaxation, beautification and for no other purpose. Massage therapist means a person who practices or administers massage therapy. (Ord. No. 2381-10, 7-01-10) Massage therapy establishment means a place providing to the public at large massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution licensed under the provisions of M.S.A. §§ 144.50--144.69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. Multilevel parking facility means a building or structure, or part thereof, in which a structural level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles. Off-site consumption means any limited impact sexually-oriented business or any high impact sexually-oriented business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. Organic materials means the portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps, plant materials, compostable paper, and compostable products that have been tested and verified to meet the standards in ASTM D6400 or ASTM D6868. On-site consumption means any high impact sexually-oriented business where sexually- oriented materials or entertainment, which is principally related to sexual stimulation or gratification, are offered on the business premises. Operator means a person who provides lodging to others, or any office, agent or employee of such person. (Ord. No. 2396-10, 3-1-11) Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling such personal property or other valuable thing back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this chapter. City Council Meeting of October 16, 2017 (Item No. 4a) Page 7 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code Peddler means any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing such goods, wares or merchandise for sale, or making sales and deliveries to purchasers of such goods, wares or merchandise. Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. Process means any action or operation which: (1)By physical action results in a change in location, form, or physical properties of a material; (2)By chemical action results in a change in chemical composition, chemical properties, or physical properties of a material; or (3)Creates or establishes a condition or situation which produces air contaminants. Recyclable materials means the portion of solid waste that is separated at the source by the generator for the purpose of recycling, and is comprised of materials deemed recyclable by a local materials recovery facility or city solid waste staff in collaboration with local materials recovery facilities. Refuse means all wastes (except body wastes) including, but not limited to, rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jars and bottles, and wood normally resulting from the operation of households or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. Residential garbage/yard sale means any sale conducted at a residential premises where the property sold consists only of items owned by the owner or renter of the premises at which the sale takes place or by friends of such owner or renter, and where the sale is conducted by the owner of the premises or friends, not by an agent or any other person to whom a commission or fee is paid. Right-of-way means the property owned by the city for the construction and maintenance of the roadway and the improvements of the roadside. Roller skating rink means any room, place, or space open to public patronage where facilities are available for roller skating, wherein the public may participate, and at which admission may be had by the public by payment, directly or indirectly, of any admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. Safety manual means the current edition of the Temporary Traffic Control Zone Layouts Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Self-service merchandising means open displays of tobacco, tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the merchandising. Self-service merchandising shall not include vending machines. City Council Meeting of October 16, 2017 (Item No. 4a) Page 8 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. Sexually-oriented materials means visual, printed or aural materials and other objects or devices which: (1)Contain, depict or describe specified sexual activities or specified anatomical areas; (2)Are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities described in subsections (2), (3) or (6) of the definition of Specialized sexual activities or as part of the binding, fettering, or other physical restraint described in subsection (5) of the definition. Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization. (Ord. No. 2381-10, 4-30-10) Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders and rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. Solid waste means garbage, recyclable material, organic material, yard waste, appliances, bulk items and other solid waste from residential dwellings or commercial establishments, and activities thereof, that the generator of the material aggregates for collection, but does not include construction demolition materials, hazardous waste, dirt, rocks, sod, or sewage sludge. Solid waste collector means any person who shall offer to, or engage in the collection of solid waste from any public or private institution, commercial establishment, or residential dwelling located within the city. Specified anatomical areas means: (1)Less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the top of the areola; and (2)Human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. City Council Meeting of October 16, 2017 (Item No. 4a) Page 9 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code Specified sexual activities means: (1) Actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; (2) Actual or simulated masturbation; (3) Actual or simulated sadism or masochism; (4) Actual or simulated sexual stimulation of any kind; (5) Situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and (6) Sexually-oriented touching of an animal by a human. Tanning equipment means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. Tanning facility means a location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. The term "tanning facility" includes, but is not limited to, tanning, salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. Temporary outdoor retail sales means the outdoor sale of goods or merchandise to the general public for personal or household consumption at a single location for less than 180 days, excluding residential garage/yard sales. Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. (Ord. No. 2454-14, §3, 9-26-14) Tobacco-related devices means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. (Ord. No. 2454- 14, §3, 9-26-14) Tobacco vending machine means any type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine. Transient merchant means any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, City Council Meeting of October 16, 2017 (Item No. 4a) Page 10 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code selling goods, wares and merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. Ultraviolet radiation means electromagnetic radiation with wavelengths in air between 200 nanometers and 4oo nanometers. Yard waste means compostable plant material including grass clippings, leaves, weeds, soft garden materials, and brush and limbs under four inches in diameter and four feet in length. (Ord. No. 2181-00, § 4(16-102), 11-6-2000; Ord. No. 2198-01, § 1, 5-21-2001; Ord. No. 2381- 10, 4-30-2010; 2396-10, 3-1-2011; Ord. No. 2440-13, 5-6-13; Ord. No. 2454-14, §3, 9-26-14) Cross reference(s)--Definitions generally, § 1-2. Subdivision IV. Licensed Solid Waste Collector* Sec. 8-136. License required. Any person engaging in the business of solid waste collection within the city must first obtain a solid waste collector's license from the city. (Ord. No. 2181-00, § 4(16-204A.), 11-6-2000) Sec. 8-137. Vehicle identification. The applicant for a solid waste collector's license must provide proof of insurance, worker's compensation and a current list of all vehicles which will operate within the city, including company vehicle identification numbers and license plate numbers for each vehicle. Throughout the license term, the licensee must notify the city of any additional vehicles which will be operating within the city under the solid waste collector's license. (Ord. No. 2181-00, § 4(16-204B.), 11-6-2000) Sec. 8-138. Vehicle inspection. Each vehicle identified by the applicant for a solid waste collector's license that performs collection of solid waste must be issued a licensed solid waste collector vehicle decal by the city for each calendar year that the license is in effect. A decal fee for each vehicle identified on the applicant's list, which fee shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code, must be paid each calendar year before the license will be issued. No vehicle shall be used for collection of solid waste without a valid license decal. An applicant or licensee must permit, upon request by the city, city inspection of vehicles identified under the application or license for compliance with the requirements under this section. Vehicles must comply with minimum health and safety standards throughout the license term. (Ord. No. 2181-00, § 4(16-204C.), 11-6-2000) Sec. 8-139. Additional insurance required. City Council Meeting of October 16, 2017 (Item No. 4a) Page 11 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code The contractor licensed solid waste collector shall provide proof of automobile insurance through the term of his the solid waste collector's license, including coverage for all owned and hired vehicles used for solid waste collection within the city. Limits of liability insurance should not be less than those rates as shall be set forth from time to time by the city and a schedule of such insurance rates is listed in appendix A to this Code. The policy of insurance shall provide full insurance to cover all of the contractor's operating exposure, including, but not limited to, the picking up of the materials and the operation of vehicles. Sec. 8-140. Regulations adopted. The following regulations shall apply to all solid waste collectors under the provisions of this subdivision: (1)Vehicles. a.Vehicles used by licensed solid waste collectors to transport solid waste over the streets and alleys of the city shall have a fully enclosed metal body which is tightly sealed and properly maintained, and such vehicles shall be operated to prevent offensive odors escaping from the vehicles, and solids or liquids from leaking, spilling, dropping or blowing from the vehicles. b.Vehicles must be kept in good repair and in a clean and sanitary condition, and shall be subject to periodic inspection by the city. c.Vehicles shall be equipped with brooms and shovels for use in sweeping up all solid waste spilled during collection or hauling. d.Vehicles must carry the name and telephone number of the licensed solid waste collector on the exterior of the vehicle. e.Vehicles must contain a tarp for use with a roll-off dumpster. (2)Collection Containers. (a)Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city for the collection of recyclable materials shall be labeled with a sign with minimum dimensions of 8 inches by 11 inches and include: (1)The universal chasing arrows recycling symbol; (2)Images depicting examples of materials accepted; and (3)The term “Recycling,” “Recycle,” or “Recyclables.” If the container is for single- sort recycling, the sign may read “Single-sort Recycling” or “Mixed Recyclables.” (b)Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city for the collection of organic materials shall be labeled with a sign with minimum dimensions of 8 inches by 11 inches and include: (1)Images depicting examples of materials accepted; and (2)The term “Organics Recycling,” “Organics for Composting,” or “Compostables.” (c)Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city must be labeled with the licensed solid waste collector’s name and phone number. (d)This subsection is effective June 1, 2018. City Council Meeting of October 16, 2017 (Item No. 4a) Page 12 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code (3)Scattering of solid waste. No person or a licensed solid waste collector shall permit or allow any of his employees to cast, spill, place, sweep or deposit anywhere within the city any solid waste in such a manner that such solid waste may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the city. (Ord. No. 2181-00, § 4(16-204E.), 11-6-2000) Sec. 8-213. Amusement arcades. (a)Licensed premises defined. The term "licensed premises," as used in this section, means the room in which amusement devices are located, and when such premises are part of a building or structure in which other businesses are conducted, the licensed premises shall not be connected by more than one interior doorway or passageway to other parts of such building or structure. Such doorway or passageway shall be provided with a metal gate or grating which can be locked to secure the licensed premises during such time that use of the premises is not permitted. (b)Nuisance. No amusement arcade shall be operated so as to constitute a public nuisance. (c)Maintaining order. It shall be the responsibility of the amusement arcade licensee to maintain order on the licensed premises at all times. (d)Trash and refuse Solid waste disposal. It shall be the responsibility of the amusement arcade licensee to ensure the proper and swift disposal of trash or refuse solid waste which may accumulate on the amusement arcade site. (e)Fire hazards. It shall be the responsibility of the amusement arcade licensee to see that the licensed premises does not become overcrowded so as to constitute a hazard to the health or safety of persons in the amusement arcade. The fire marshal shall designate and post the maximum number of persons to be permitted on the licensed premises. (f)Supervision. The amusement arcade licensee shall provide a full-time attendant who is at least 21 years of age upon the licensed premises during business hours. The licensed premises shall be locked whenever such attendant is not present. (g)Alcohol, drugs and illegal activity. It is unlawful for any person operating an amusement arcade to sell, offer for sale or knowingly permit to be sold or offered for sale, or to be dispensed or consumed or knowingly brought into the amusement arcade any alcoholic beverages or narcotic drugs, or to knowingly permit any illegal activity upon the licensed premises. (Ord. No. 2181-00, § 4(16-302C.), 11-6-2000) Reviewed for Administration Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of October 16, 2017 (Item No. 4a) Page 13 Title: 2nd Reading of Ordinance Amendment Related to the Businesses and Licenses Code SUMMARY FOR PUBLICATION ORDINANCE NO.____-17 ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO SOLID WASTE This ordinance amends the solid waste provisions in Chapter 8 (Businesses and Licenses) for the City of St. Louis Park. It updates and harmonizes relevant definitions with Chapter 22 (Solid Waste Management), and adding requirements for licensed solid waste collectors to label collection containers for recycling and organics recycling used at multi-family and commercial locations. The proposed changes would take effect June 1, 2018. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Adopted by the City Council October 16, 2017 Jake Spano /s/ Mayor Published in St. Louis Park Sailor: October 26, 2017 Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Second Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance vacating a utility easement, and approve the Ordinance Summary for publication. POLICY CONSIDERATION: Not applicable. The city will still have its interests protected under the new easement arrangement. SUMMARY: The Shoppes at Knollwood and Chick-fil-A (CFA) are requesting the vacation of a utility easement that exists on the Shoppes at Knollwood property, and to replace it with a new utility easement located ten feet north of the vacated easement. The easement is currently located within the proposed CFA drive-thru; therefore, CFA is requesting the vacation of the easement to avoid disruption to the drive-thru if the city has to work on the watermain. The relocation of the easement is acceptable to the city, as the existing easement does not adequately protect and provide access to the existing watermain. The watermain is currently located along the northern edge of the existing easement, instead of in the center of the easement where it belongs. The proposed easement will provide proper access to the watermain by providing ten feet of easement on each side of the watermain. (See attached aerial photo.) The document granting the new easement to the city is attached. It has been reviewed and approved by the city attorney. A public hearing was conducted by the city council on October 2, 2017. No comments were received, and the council approved the first reading. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Ordinance Summary Aerial Photo Existing and Proposed Easement Exhibits Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4b) Page 2 Title: Second Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood ORDINANCE NO._____17 AN ORDINANCE VACATING UTILITY EASEMENT 8020 State Hwy 7 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 September 21, 2017,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 easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: All that part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: A strip of land 20 feet in width lying 10 feet on each side of the following described center line: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line thereof a distance of 1466.4 feet; thence running South at right angles a distance of 225.43 feet; thence continuing South along the last described course a distance of 485 feet; thence running East parallel with the North line of said South Half of the Southeast Quarter 1035.17 feet; thence running North at right angles a distance of 190 feet to a point which is 520.43 feet South as measured at right angles from the North line of said South Half of the Southeast Quarter and the actual point of beginning of the center line to be described; thence running East parallel with the North line of said South Half of the Southeast Quarter to the East line of said Section 18. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section 4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Public Hearing/First Reading October 2, 2017 Second Reading October 16, 2017 Date of Publication October 26, 2017 Date Ordinance takes effect November 10, 2017 City Council Meeting of October 16, 2017 (Item No. 4b) Page 3 Title: Second Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood SUMMARY FOR PUBLICATION ORDINANCE NO.____-17 AN ORDINANCE VACATING UTILITY EASEMENT 8020 HIGHWAY 7 This ordinance states that utility easement on Shoppes of Knollwood property will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 16, 2017 Jake Spano /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: October 26, 2017 City Council Meeting of October 16, 2017 (Item No. 4b) Page 4 Title: Second Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood Aerial Photo: Chick-fil-A Site PARCEL 2LEASE PARCELP A R C E L 1LEGENDCity Council Meeting of October 16, 2017 (Item No. 4b) Title: Second Reading of Ordinance Vacating Utility Easement at Shoppes of KnollwoodPage 5 PARCEL 2LEASE PARCELP A R C E L 1LEGENDCity Council Meeting of October 16, 2017 (Item No. 4b) Title: Second Reading of Ordinance Vacating Utility Easement at Shoppes of KnollwoodPage 6 Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: 2040 Comprehensive Plan Consultant Contract RECOMMENDED ACTION: Motion to approve a contract with Hoisington Koegler Group Inc. to assist in updating the city’s Comprehensive Plan. POLICY CONSIDERATION: Does the Council support hiring Hoisington Koegler Group, Inc. (HKGi) as the planning consultant to work with staff to complete the city’s 2040 Comprehensive Plan update? SUMMARY: As noted in the study session report sent to the Council for its October 9th meeting, state law requires metro area cities to update their comprehensive plans every 10 years. The next update is due no later than December 31, 2018. Staff has begun the process of updating the city’s comprehensive plan; however, due to the extraordinary staff time required to conduct and complete the update, staff is recommending hiring a planning consultant to assist with coordinating the update efforts, conducting the public process, and composing the document. The plan update will be built in part upon the public input garnered through the Vision 3.0 process. Staff received proposals from two consulting firms. After reviewing the proposals and interviewing the firms, staff is recommending the city enter into a contract with HKGi. HKGi completed our 2008 comprehensive plan and has successfully worked with community development on several area studies for the city including: Beltline LRT Station Area Guidelines, Louisiana Station Area Planning and Guidelines, and Eliot School Site Reuse Study. Staff believes HKGi can effectively provide the services needed and produce the plan update in the necessary timeline. Schedule and Process The 2040 comprehensive plan update will need to be drafted by June 2018 to allow for the required 6-month review by the surrounding jurisdictions. Staff has been working with city departments, Commissions and will work with the Consultant to design a neighborhood engagement process to be held in the fall and again in the spring. FINANCIAL OR BUDGET CONSIDERATION: The consultant contract will be billed on an hourly basis, not to exceed $160,000. Funding for this has been allocated in the 2017 and 2018 community development budgets. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Contract Work Scope Prepared by: Meg J. McMonigal, Principal Planner Sean Walther, Planning and Zoning Supervisor Reviewed by: Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4c) Page 2 Title: 2040 Comprehensive Plan Consultant Contract DISCUSSION Background on Comprehensive Planning Every 10 years the city is required to update its long range plan. The coming update is due at the end of 2018. The Metropolitan Council is the agency charged with reviewing comprehensive plans for conformance with Metropolitan Systems Plans and regional plans. Comprehensive plans must address areas of regional importance, including Land Use, Transportation, Water Resources, Parks and Trails, and Housing. Consultants City staff has begun hiring consultants for various elements of the comprehensive plan update (Plan), including the water supply plan and the surface water management plan. Engineering staff will also be hiring a transportation planning firm to address the mobility section of the plan. For general planning oversight, public process, and composition and finalization of the Plan, staff is recommending hiring the planning firm of HKGi. HKGi is experienced in working with the state requirements and has assisted St. Louis Park, as well as a number of other cities in updating their comprehensive plans. HKGi will assure the process timeline is adhered to, will assist with the design and implementation of the public process, will coordinate efforts across departments and with other consultants, will ensure the Plan meets all of the statutory requirements, and will see the Plan through to its final approval. The contract includes distinct work scopes with deliverables at each phase of the process. Schedule and Process Planning staff has begun assembling information and collecting data for the Comprehensive Plan update, and has also begun outlining the structure for the plan. Staff has also met with city staff, the Planning Commission and Parks and Recreation Commission to present the current plan elements and discuss possible changes for this update. Over the coming months, planning staff and the planning consultant will continue to work with the various city departments and commissions to discuss and draft the plan. Public Engagement Process The plan update will build upon the public input garnered through the Vision 3.0 process. The Vision process will be used to inform the comprehensive plan update through the public input process. Neighborhood community engagement will be a significant part of the Plan update. Amongst a variety of public input methods to be implemented, staff will be working with the planning consultant to create a process with the community that will include outreach to the seven neighborhood groupings that were used in the Plan by Neighborhood section of the 2008 comprehensive plan. The first neighborhood meetings will be held this fall, and will focus on Vision 3.0 outcomes and how they relate to the overall direction of the community. It is expected this will be an interactive, workshop process that will be supplemented by an on-line opportunity for input as well. This process will be led and facilitated by the planning consultant. Follow-up neighborhood meetings will be held in the spring, and center on presentation of the draft plan. We will gain feedback and input on the Plan elements. Additionally, staff and the consultant will explore and create on-line opportunities for input on the plan. Next Steps The consultant will begin work immediately and public engagement meetings will be held in November. City Council Meeting of October 16, 2017 (Item No. 4c) Page 3 Title: 2040 Comprehensive Plan Consultant Contract AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made on the 2nd day of October, 2017, between the City of St. Louis Park, Minnesota (“City”), whose business address is 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416-2290, and Hoisington Koegler Group Inc. (“Contractor”) whose business address is 123 North Third Street, Suite 100, Minneapolis, MN 55401. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that person, firms, or corporations providing such services enter into written contracts with the City. The purpose of this contract is to set forth terms and conditions for facilitating the planning process and drafting the document for the 2040 Comprehensive Plan Update The City and Contractor agree as follows: 1. Contractor’s Services. The Contractor agrees to provide professional services as described in Exhibit A, attached and made a part of this Agreement. 2. Time for Performance of Services. The Contractor shall perform the services outlined in Exhibit A with work commencing in October 2017 and completed by April 30, 2019. HKGi will conduct the project work scope and prepare the deliverables to complete a draft updated 2040 Comprehensive Plan for distribution to adjacent and affected jurisdictions by June 2018 and submittal of the final plan to the Metropolitan Council by end of December 2018. 3. Compensation for Services. City agrees to pay the Contractor for services as described in Exhibit A. HKGi will conduct the project work scope and prepare the deliverables on an hourly basis with a not-to-exceed amount of $160,000.00, including expenses. 4. Extra Services. City agrees to pay the Contractor for extra services by the Contractor only when authorized in writing by the City. 5. The City agrees to provide the Contractor with the complete information concerning the scope of the Project and to perform the following services: A. Owner’s Representative: A person shall be appointed to act as the City’s representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions, with respect to the materials, equipment, elements, and systems pertinent to the work covered by this Agreement. 6. Method of Payment: The Contractor shall submit to the City, on a monthly basis, itemized bills for professional services performed under Paragraph 1 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. City Council Meeting of October 16, 2017 (Item No. 4c) Page 4 Title: 2040 Comprehensive Plan Consultant Contract A. Progress Payment. For work reimbursed on an hourly basis, the Contractor shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Contractor shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Contractor is abandoned or suspended in whole or in part by the City, the Contractor shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. 7. Accuracy of Work. Contractor shall be responsible for the accuracy of the work and the utilization of all determinant data, and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Contractor without additional compensation. If the date or materials furnished by the City, and used in the conduct of this work are found to be in error, incorrect, or inappropriate, the City shall direct Contractor to modify, update, and/or correct the affected work product. All such corrective work performed by Contractor shall be considered to be additional services for which additional compensation shall be paid to Contractor on the basis of Contractor’s standard fees or actual costs incurred. 8. Project Manager and Staffing. The Contractor has designated Mark Koegler to serve as Principal-in-Charge and lead community engagement facilitator and Jeff Miller to serve as project manager on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. 9. Audit Disclosure. The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor’s books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the City’s prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from October 2017 through December 2018, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days’ written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for City Council Meeting of October 16, 2017 (Item No. 4c) Page 5 Title: 2040 Comprehensive Plan Consultant Contract services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Contractor shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Contractor shall not enter into subcontracts for services provided under this Agreement except as noted in the scope of services, without the express written consent of the City. 13. Independent Contractor. At all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Non-Discrimination. During the performance of this contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. City Council Meeting of October 16, 2017 (Item No. 4c) Page 6 Title: 2040 Comprehensive Plan Consultant Contract 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. The parties agree and understand that the Contractor is not obligated to defend, indemnify or hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any negligent act or omission of the City, its agents, employees, or subcontractors related to this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Contractor shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor’s coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City’s approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker’s Compensation. The Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker’s Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Contractor’s services under this Agreement. C. Professional Liability Insurance: The Contractor agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured’s capacity as the Contractor, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1,000,000. 23. Records Access. The Contractor shall provide the City access to any books, documents, papers, and record which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. City Council Meeting of October 16, 2017 (Item No. 4c) Page 7 Title: 2040 Comprehensive Plan Consultant Contract 24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the agreement shall become the property of the City. The City may use the information for it purposes. Such use by the City shall not relieve any liability on the part of the Contractor. 25.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. CITY OF ST. LOUIS PARK ______________________________ Attest: Mayor ___________________________________ ______________________________ City Clerk City Manager OWNER(S)/CORPORATION By____________________________ Its ____________________________ 1 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota Exhibit A: HKGi Project Work Scope Project Assumptions HKGi’s work scope is developed based upon the following key assumptions: 1. City Staff will have responsibility for overall project management including coordination of engagement events and collaborating with other consultants providing specific expertise. 2. All chapters of the current comprehensive plan will need to be updated, which will involve collaboration between City Staff and HKGi, as well as other technical consultants. 3. The Vision St. Louis Park 3.0 values, trends, and aspirations will be integrated into each element/chapter of the 2040 Comprehensive Plan. The city is interested in the addition of infographics/symbols for the various elements of the comprehensive plan, such as the Vision SLP 3.0 values and aspirations, to link topics across the various chapters and make the updated plan easier to use. HKGi will lead this effort. 4. The City has completed a number of planning initiatives that provide good content and materials for consideration in the comprehensive plan. Considerable effort needs to be given to utilizing this information and where appropriate supporting or advancing innovative concepts and ideas. 5. HKGi will have primary responsibility for updating the following chapters: Planning Context, Land Use Plan, Economic and Redevelopment Plan, Environmental Resources (Energy & Climate, Resiliency), Plan by Neighborhood, and Implementation. 6. Other technical consultants will have primary responsibility for providing key content needed to update the following chapters: Transportation (Highways & Streets, Transit, Bicycles & Pedestrians, Freight Rail, Aviation), Utilities (Water System, Solid Waste, Sanitary Sewer, Surface Water), and Public Health. HKGi’s involvement will be minimal for these update efforts with the exception of the Utilities chapters, where HKGi will be responsible for developing summaries of the large individual system plans. 7. City Staff will have primary responsibility for providing the content for the updates to the following chapters: Vision St. Louis Park, Demographics, Housing Plan, Historic Preservation, Where We Gather (Parks & Open Space, Schools, Social Networks & Organizations, Public Art), How We Govern (City Government, Public Safety and Emergency Plan, Communications). HKGi’s involvement will be minimal for these update efforts. 8. The SW LRT corridor station areas approach that HKGi developed in collaboration with City Staff in 2017 will be incorporated into the Land Use Plan and Economic/Redevelopment chapters or added as a separate chapter. HKGi will lead this effort. City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 8 2 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 9. New components to add to the 2040 Comprehensive Plan will include resiliency, energy, climate, health, racial equity, and public art. HKGi’s involvement will be moderate for these update efforts and will utilize existing resources from the Metropolitan Council and local/regional collaborative planning efforts recently completed or currently underway in St. Louis Park. 10. The writing of the updated plan should have “one voice” which will be provided by HKGi. To achieve one voice, HKGi will have primary responsibility for incorporating and aligning the chapter content from City Staff and other technical consultants. 11. The work scope assumes that City Staff will provide existing conditions data in electronic format suitable for analysis (excel or tabular), mapping (GIS Map packages), and graphic representation where appropriate. 12. Graphic components of the plan will be developed by HKGi, including mapping (GIS), tables, graphs, demographic infographics, etc. City Staff will provide templates as starting points for these graphic components. 13. The Vision St. Louis Park 3.0 process incorporated an extensive community outreach and input process. The comprehensive plan update should utilize the findings from this community input, which will be provided by the community visioning consultant. 14. HKGi will lead and facilitate the community engagement process for the 2040 Comprehensive Plan. The process should be designed to gather input that builds upon the Vision St. Louis Park 3.0 input and avoid duplication with the Vision St. Louis Park 3.0 process. The process should be designed in collaboration with staff and oriented to the city’s seven Neighborhood Planning Areas (NPAs), which were developed as part of the 2010/2011 Plan by Neighborhood update and community input process. Two rounds of community engagement are desired – Fall/Winter 2017 and Spring/Summer 2018 – involving seven NPA meetings in each round. An on-line engagement platform is desired as well. 15. City Staff has begun to collect and analyze demographic data. This data will provide a good start to the analytical analysis necessary as part of the comprehensive plan. The work plan assumes moderate effort in assembling base data. HKGi will present the demographic data in easy-to-understand graphics. 16. The work scope assumes that City Staff will be available to participate in team workshops, assist with reviewing and providing feedback into concepts and strategies in a timely manner, and where appropriate provide content not anticipated in this work plan. 17. The work scope assumes that City Staff will assist in coordinating meetings including invitations, reserving meeting space, and refreshments where needed. 18. The work scope assumes that City Staff will provide periodic updates and facilitate discussion by various advisory boards and commissions. HKGi will primarily be engaged with the PC and CC except where the work scope allows for additional unspecified meetings. 19. The work scope assumes that the City will host a web site (or section on the city’s website) dedicated to the project. City Staff will maintain the website and HKGi will provide key content for updates at strategic points in the process. City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 9 3 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 Work Plan HKGi’s work plan for the 2040 Comprehensive Plan Update focuses on incorporating Vision SLP 3.0 into the Comprehensive Plan chapters and addressing priority areas, such as the SW LRT Corridor station areas, commercial corridor/nodes, potential redevelopment areas, and community gathering places (parks, trails, plazas). The current 2030 Comprehensive Plan will provide a starting point for the update. Our work plan begins with collaboration between HKGi and City Staff to establish a framework for the plan update needs and process. Identification of what needs to be updated, what needs to be added, and what doesn’t need to be updated up front will result in the most effective process, updated plan, and schedule that meets the Metropolitan Council’s 2018 timeline. Based on the project assumptions above, we have organized the updating process to enable community engagement to occur in Fall 2017 and Spring 2018. The work plan leverages the current comprehensive plan’s format of Where We Have Been, Where We Are Today, and Where We Are Headed to prepare for the two rounds of community engagement. In order to keep this project on schedule and assist with coordination between HKGi, City Staff, and other technical consultants, we propose that there be a bi-weekly or weekly check-in meeting/conference call between HKGi and the City’s project managers. These check-ins would be established at the onset of the project as 30-minute check-ins carried out for the duration of the project. Topics for discussion will generally include schedule, progress towards key milestones, and progress towards key deliverables. Task 1 – Establish Framework for 2040 Plan and Process HKGi will collaborate with City Staff to gain a comprehensive understanding of all current information that is relevant to updating the comprehensive plan. Through HKGi’s previous work with the City on the 2030 Comprehensive Plan, Plan by Neighborhood, Transit Station Area Action Plans (TSAAPs), and the most recent Southwest LRT Corridor Station Areas Chapter, we will come into this project with extensive knowledge of the city’s prior and current planning efforts. HKGi’s in-house knowledge will enable Task 1, as well as the other tasks, to be accomplished very efficiently. 1.1 Conduct kick off meeting with City Staff to gather, review and discuss current info/data and initiatives and to coordinate a detailed project schedule and specific project milestone dates 1.2 Identify approach for incorporating Vision SLP 3.0 into plan, including the use of symbols/icons throughout the plan chapters 1.3 Identify approach for incorporating SW LRT Corridor into plan 1.4 Identify priority areas for plan updates and community input, e.g. transit station areas, commercial corridor/nodes, redevelopment areas, and gathering places (parks, trails, plazas) 1.5 Evaluate Thrive MSP and the Metro Council checklist 1.6 Conduct City Staff workshop to evaluate anticipated update needs by chapter with City Staff 1.7 Establish format for new plan document 1.8 Develop detailed community engagement plan 1.9 Facilitate kickoff meeting with Planning Commission City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 10 4 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 Deliverables: • Summary Memo of update needs for each chapter and focus areas • Template for document format • Detailed community engagement plan • Working PowerPoint presentation • Two meetings with City Staff • PC meeting notes Task 2 – Update Where We Are Today Task 2 is focused on updating the Where We Have Been and Where We Are Today sections of each chapter, including the Plan by Neighborhood chapter. Since HKGi assisted City Staff with the 2030 Comprehensive Plan Update, we will bring consistency to the update needs and “the voice” of the 2040 update. HKGi will edit and incorporate chapter content prepared by City Staff and other consultants to ensure the plan document maintains a consistent voice. 2.1 Update background chapters: Vision, Demographics, Planning Context 2.2 Update Land Use - Where We Have Been and Where We Are Today 2.3 Update Economic Development & Redevelopment chapter - Where We Have Been and Where We Are Today 2.4 Update Historic Preservation - Where We Have Been and Where We Are Today (City Staff) 2.5 Update Plan by Neighborhood - History, Character, Features and Analysis sections 2.6 Coordinate update of other chapters - Where We Have Been and Where We Are Today 2.7 Coordinate City Staff review and comment process 2.8 Develop summary/snapshot of Where We Are Today 2.9 Facilitate two City Staff workshops to review and discuss content/updates Deliverables: • Draft updated chapter sections in agreed upon format • Draft updated current conditions maps and tables, including GIS Map Packages and PDF Maps • PowerPoint summary/snapshot of key updates to Where We Are Today sections Task 3 – Conduct Community Engagement Round 1 Task 3 will engage the community in learning about the 2040 Comprehensive Plan Update and inviting up front community input to plan update needs and desires. Since the Vision St. Louis Park 3.0 process involved an extensive community engagement process, we will leverage the findings of that process to focus our community engagement effort on how the Vision 3.0 aspirations/values/trends can be implemented and how they relate to each neighborhood. Task 3 includes sharing project information and inviting input through the seven Neighborhood Planning Areas defined in the current comprehensive plan, as well as from the PC and CC. Based on the Vision 3.0 values and aspirations, this task could include meetings with other groups relating to environmental stewardship, youth/schools, and racial equity. City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 11 5 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 3.1 Develop community input tools 3.2 Facilitate Neighborhood Planning Area meetings (7) 3.3 Facilitate online/survey community input options (on-line mapping using Social PinPoint) 3.4 Summarize community input 3.5 Facilitate meetings with Planning Commission and Council 3.6 Facilitate meetings with other groups as needed, such as the Environment & Sustainability Commission, School District, Multicultural Advisory Committee, etc. Deliverables: • Community input tools (engagement materials and on-line platform) • Summary of community input • Presentation for PC, CC, and other groups (as needed) • Attendance at 7 neighborhood level meetings • Attendance at PC meeting • Attendance at CC meeting • Facilitation of up to 4 additional meetings (task 3.6) Task 4 – Update Where We Are Headed Task 4 involves updating each chapter’s Where We Are Headed section, which includes future directions, goals, strategies, and maps looking out to the year 2040. HKGi will have primary responsibility for updating the Land Use, Economic and Redevelopment, and Historic Preservation chapters and assisting with other chapter updates as necessary, such as Environmental Resources, Public Health, Public Safety and Emergency, and Schools. HKGi will incorporate and edit chapter content prepared by other consultants as needed to ensure the plan document maintains a consistent voice. 4.1 Update Land Use chapter 4.2 Update Economic and Redevelopment chapter 4.3 Update Historic Preservation chapter (City Staff) 4.4 Coordinate update of other chapters 4.5 Coordinate City Staff review and comment process 4.6 Presentation of draft chapters to Planning Commission and Council 4.7 Three City Staff workshops are anticipated during task 4 Deliverables: • Draft updated complete chapters • Draft updated future maps and tables, including GIS Geodatabase and PDF Map Package • PowerPoint summary/snapshot of key updates to Where We Are Headed sections • Meeting materials • Attendance at PC meeting • Attendance at CC meeting • Three staff workshops City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 12 6 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 Task 5 – Update Plan by Neighborhood Chapter The updated city-wide chapters and the community input from Round 1 will be used to update the 35 neighborhood plans in the Plan by Neighborhood chapter. The Plan by Neighborhood chapter will be circulated to appropriate City Staff for review and comment and edited by HKGI prior to Task 6. 5.1 Apply updated citywide goals and strategies to each neighborhood plan 5.2 Incorporate round 1 community input 5.3 Update neighborhood plan maps 5.4 Coordinate City Staff review and comment process 5.5 One City Staff workshop is included in task 5 Deliverables: • Draft updated Plan by Neighborhood chapter • Draft updated future maps and tables, including GIS Geodatabase and PDF Map Package • PowerPoint summary/snapshot of key updates to Plan by Neighborhood chapter Task 6 – Conduct Community Engagement Round 2 Task 6 includes sharing draft city-wide chapters and relevant neighborhood plans with each of the seven Neighborhood Planning Areas. The purpose of these meetings is to invite feedback from the community on both the city-wide and neighborhood levels. 6.1 Develop community input tools 6.2 Facilitate Neighborhood Planning Area meetings (7) 6.3 Facilitate online/survey community input options 6.4 Summarize community input Deliverables: • Community input tools • Summary of community input • Attendance at 7 neighborhood planning meetings Task 7 – Prepare Complete Draft of 2040 Comprehensive Plan Task 7 involves revising the draft chapters based on feedback from Task 6, developing a draft Implementation chapter, and assembling a complete plan document. The Plan by Neighborhood chapter will be circulated to appropriate City Staff for review and comment and edited by HKGI prior to Task 8. 7.1 Incorporate round 2 community input 7.2 Revise all draft chapters and assemble into a complete plan (draft 1) 7.3 Prepare Implementation chapter 7.4 Coordinate City Staff review and comment process 7.5 Incorporate City Staff comments into the draft plan (draft 2) 7.6 One City Staff workshop will be part of task 7 City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 13 7 HKGi Project Work Scope 2040 Comprehensive Plan Update City of St. Louis Park, Minnesota September 25, 2017 Deliverables: • Draft 2040 Comprehensive Plan document (draft 1 and draft 2) Task 8 – Gain Approval of Draft 2040 Comprehensive Plan Task 8 is focused on gaining approval of Draft 2040 Comprehensive Plan document. The draft plan will be presented to the PC and CC, and other key groups as needed, for their final review and comment. Revisions will be made as needed and then the draft plan will be distributed to adjacent and affected jurisdictions. 8.1 Facilitate meetings with other groups as needed, such as the Environment & Sustainability Commission, School District, Multicultural Advisory Committee, etc. 8.2 Facilitate meetings with Planning Commission and Council 8.3 Incorporate comments from PC, CC, and other groups into the draft plan (draft 3) 8.4 Distribute plan for review by adjacent and affected jurisdictions Deliverables: • Updated draft 2040 Comprehensive Plan document (draft 3) • PowerPoint summary/snapshot of key updates to the plan • Meeting materials • Attendance at PC meeting • Attendance at CC meeting • Facilitation of up to 4 additional meetings (task 8.1) Task 9 – Prepare Final 2040 Comprehensive Plan Following the required review by adjacent and affected jurisdictions, HKGi will coordinate with City Staff and other technical consultants on the review and discussion of any submitted comments, and any resulting revisions to finalize the plan. The final plan will then be submitted to the Metro Council through the online portal process. 9.1 Revise plan based on comments from adjacent and affected jurisdictions and submit to the Metropolitan Council (draft 4) 9.2 Assist City Staff with addressing any concerns resulting from the Metro Council’s review of the plan 9.3 Assist City Staff with final plan adoption by Planning Commission and City Council Deliverables: • Updated final 2040 Comprehensive Plan document (1 print ready hard copy and electronic copy) • PowerPoint summary/snapshot of key updates to the plan • All project files in electronic format City Council Meeting of October 16, 2017 (Item No. 4c) Title: 2040 Comprehensive Plan Consultant Contract Page 14 Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Perspectives – Resolution of Support for Brownfield Gap Financing Program Grant RECOMMENDED ACTION: Motion to Adopt Resolution affirming support for Perspectives’ grant application to the Brownfield Gap Financing Program. POLICY CONSIDERATION: Does the City Council wish to support Perspectives’ grant application to the Brownfield Gap Financing Program? SUMMARY: This action is a follow-up to the 10/9/17 study session report to the Council. Perspectives is located at 3381 Gorham Ave S. Perspectives provides services and assistance to women and their children suffering from addictions, mental illness and poverty. Over the past few years they have been planning to remodel and add an addition to the building to better serve their clients. Last year the city council approved an off-site parking lot located across Gorham Avenue in anticipation of the project. To begin the next phase, Perspectives is applying for a Hennepin County Brownfield Gap Financing Program grant to conduct an environmental investigation of the property prior to finalizing and submitting the building permit plans to the city. The grant program guidelines require a resolution of support from the local jurisdiction. The attached resolution is to acknowledge the city’s support of the application. It does not require or commit to a financial contribution from the city. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4d) Page 2 Title: Perspectives – Resolution of Support for Brownfield Gap Financing Program Grant RESOLUTION NO. 17-___ RESOLUTION OF SUPPORT OF AN APPLICATION FOR A HENNEPIN COUNTY BROWNFIELD GAP PROGRAM GRANT APPLICATION SUBMITTED BY PERSPECTIVES, INC. AT 3381 GORHAM AVENUE SOUTH WHEREAS, Perspectives, Inc. submitted an application requesting grant funds from the Hennepin County Brownfield Gap Financing Program; and WHEREAS, the grant funds will be used to conduct an environmental investigation of property at 3381 Gorham Ave S. in preparation for building rehabilitation and expansion; and WHEREAS, the Hennepin County Brownfield Gap Program Guidelines require support by the governing body of the City of St. Louis Park for submission of a grant application to the Hennepin County Brownfield Gap Program. NOW, THEREFORE, BE IT RESOLVED that the City of St. Louis Park supports the submission of the Hennepin County Brownfield Gap Program grant application. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Accept Scholarship from US Green Building Council - USGBC (Shannon Pinc) RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a scholarship from the USGBC to cover the registration fee of $1,300.00, for Shannon Pinc, Environment & Sustainability Coordinator, to attend the 2017 International Greenbuild Conference in Boston, MA. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. The City of St. Louis Park’s Environment & Sustainability Coordinator, Shannon Pinc, was selected by USGBC to receive a scholarship that covers the cost of registration to attend the 2017 International Greenbuild Conference and the Communities & Affordable Homes Summit. USGBC and their annual conference has expanded to cover topics well be yond the built environment, including sustainable cities and communities. The City Attorney has reviewed this matter. His opinion is that state law permits the payment of such expenses by this organization, regardless of whether the funds come from primary or secondary sources. It is treated as a gift to the city and there needs to be a resolution adopted by the City Council determining that attendance at this event serves a public purpose and accepting the gift. The resolution needs to be adopted before attendance at the conference. The City of St. Louis Park will pay for travel and hotel accommodations. Registration will be paid for by USGBC. FINANCIAL OR BUDGET CONSIDERATION: This donation will be help offset the expenses incurred by Shannon Pinc’s attendance to the 2017 Greenbuild International Conference and Communities & Affordable Homes Summit in Boston, MA. Remaining expenses will be paid from available budgeted funds. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Resolution Prepared by: Shannon Pinc, Environment & Sustainability Coordinator Reviewed by: Nancy Deno, HR Director / Deputy City Manager Approved by: Tom Harmening, City Manager City Council Meeting of August 21, 2017 (Item No. 4e) Page 2 Title: Accept Scholarship from US Green Building Council - USGBC (Shannon Pinc) RESOLUTION NO. 17-____ RESOLUTION ACCEPTING SCHOLARSHIP FROM THE US GREEN BUILDING COUNCIL FOR THE REGISTRATION FEE FOR SHANNON PINC TO ATTEND THE 2017 GREENBUILD INTERNATIONAL CONFERENCE WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, the US Green Building Council will compensate the registration fee, valued at $1,300.00, for the City’s Environment & Sustainability Coordinator, Shannon Pinc, to attend the Greenbuild International Conference, November 6-10, 2017, in Boston, MA; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to the US Green Building Council with the understanding that Shannon Pinc must attend the Communities & Affordable Homes Summit and the full 2017 Greenbuild International Conference held in Boston, MA. Reviewed for Administration Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Special Assessment – Sewer Service Line Repair at 3509 Aquila Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3509 Aquila Avenue South, St. Louis Park, MN. P.I.D. 18-117-21-42-0031. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Marlon and Annika Hansen, owners of the single family residence at 3509 Aquila Avenue South, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $4,295. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall, Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Tim Simon, Chief Financial Officer Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4f) Page 2 Title: Special Assessment – Sewer Service Line Repair at 3509 Aquila Avenue South RESOLUTION NO. 17-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 3509 AQUILA AVENUE SOUTH P.I.D. 18-117-21-42-0031 WHEREAS, the Property Owners at 3509 Aquila Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3509 Aquila Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $4,295. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.00%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Adoption of 2018 Utility Rates RECOMMENDED ACTION: Motion to Adopt Resolution setting the 2018 Utility Rates. POLICY CONSIDERATION: Are the increases in the utility rates necessary to insure long term sustainability of the City’s utility operations and capital plans? SUMMARY: At the October 9, 2017 study session, staff presented the proposed utility rates to Council along with the Long-Range Financial Management Plan on these funds. City staff, in conjunction with consultants, analyzed the City’s utility operations and capital plans over the next 10 years to determine if rate adjustments were needed to maintain long-term sustainability in each of the four utility funds. This analysis included the plan approved by Council for the continued phased-in increase to the fixed fee as a means to reduce seasonal volatility of water usage. The City is currently in the eighth year of the ten year plan for the Water Fund. The rate changes are consistent with information Council received in the past and are in line with the goals of achieving long-term sustainability in the funds. Solid waste rates continue to support pay as you throw, and encourages recycling and organics use. Also, in 2018, staff will undertake additional study on water and sewer use and charges to include analysis on revised rate structure to encourage water conservation. This process will take place in 2018 to discuss concepts with council for 2019 rates. For 2018, the approximate cumulative effect on a typical residential property for all the utility rate adjustments would be an increase of $16.14, or 5.65% for the quarter, or approximately $5.38 per month. The calculation is based on a family of four using 30 units of water per quarter (22,500 gallons), and 60 gallon solid waste service. The recommended rates will be in place for consumption or services provided beginning on January 1, 2018. The attached resolution provides specific information on the recommended rate adjustments for each fund. FINANCIAL OR BUDGET CONSIDERATION: The utility rates will support necessary city services and capital improvements during 2018. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: 2018 Proposed Utility Rates - Impact on a Residential Property Resolution Utility Rates Summary Prepared by: Mark Ebensteiner, Finance Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4g) Page 2 Title: Adoption of 2018 Utility Rates CITY OF ST. LOUIS PARK ESTIMATED QUARTERLY UTILITY BILL ACTUAL 2017 AND PROPOSED 2018 Household Size 4 Units per quarter 30 Solid Waste Service 60-gallon Meter size 3/4 inch Actual Proposed Dollar Percent Service Type 2017 2018 Change Change Water Per unit rate - Tier 1 $ 1.78 $ 1.89 $ 0.11 6.18% Service charge $ 24.79 $ 27.23 $ 2.44 9.84% State testing fee $ 1.59 $ 1.59 $ -0.00% Consumption $ 53.40 $ 56.70 $ 3.30 6.18% Sewer Service charge $ 16.78 $ 17.62 $ 0.84 5.01% Per unit $ 3.28 $ 3.44 $ 0.16 4.88% Consumption $ 98.40 $ 103.20 $ 4.80 4.88% Storm Drainage Service charge $ 21.83 $ 23.14 $ 1.31 6.00% Bassett Creek Fee* $ 1.93 $ 1.93 $ -0.00% Solid Waste (includes tax) $ 69.00 $ 72.45 $ 3.45 5.00% Total Bill without Bassett* $ 285.79 $ 301.93 $ 16.14 5.65% Increase per quarter (dollars) $ 16.14 Increase per month (dollars) $ 5.38 *Since not all property owners would be charged this fee, it is not included in the dollar or percentage change in total bill. City Council Meeting of October 16, 2017 (Item No. 4g) Page 3 Title: Adoption of 2018 Utility Rates RESOLUTION NO. 17-____ RESOLUTION SETTING UTILITY RATES WHEREAS, the City Council of the City of St. Louis Park, Minnesota has received a report through the Chief Financial Officer related to proposed utility rates; and WHEREAS, it is necessary for the city to maintain charges in an amount necessary to cover the cost of providing service to users; and WHEREAS, maintaining rates through regular adjustment is a recommended practice rather than large intermittent increases; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, MN, that: 1. The water rates as recommended are hereby adopted. Description Units of Usage* Adopted Rate Tier1 0 - 40 units (0-30,000 gallons) $ 1.89 Tier 2 41-80 units (30,001 – 60,000 gallons) $ 2.34 Tier 3 >80 units (>60,000 gallons) $ 3.51 Commercial All units $ 1.89 Irrigation All units $ 3.51 *1 unit equals 100 cubic feet or 750 gallons 2. The water meter charges recommended are hereby adopted. Residential/Multi-family Quarterly Fee Commercial Monthly Fee Meter Size 2018 2018 5/8" $ 27.23 $ 9.08 3/4" $ 27.23 $ 9.08 1" $ 38.10 $ 12.70 1.5" $ 48.99 $ 16.33 2" $ 78.93 $ 26.31 3" $ 299.43 $ 99.81 4" $ 381.09 $ 127.03 6" $ 571.62 $ 190.54 2" compound $ 78.93 n/a 3" compound $ 299.43 n/a 3. The Minnesota Department of Health state testing for water quality will continue to be imposed at a rate of $1.59 per quarter for residential and multi-family and $0.53 per month for commercial accounts. 4. The sanitary sewer usage rate recommended is hereby adopted at $3.44 per unit. City Council Meeting of October 16, 2017 (Item No. 4g) Page 4 Title: Adoption of 2018 Utility Rates 5.The sanitary sewer base charge recommended is hereby adopted at $17.61 per quarter for residential and multi-family accounts and $5.87 per month for commercial accounts. 6.The storm sewer rate recommended is hereby adopted at $23.14 per quarter per residential equivalent unit or $38.56 per month per residential equivalent unit for commercial accounts. 7.The Bassett Creek Watershed Management Charge pass through for properties located within the Bassett Creek Watershed Management District will be $1.93 per quarter per residential equivalent unit or $0.64 per month per residential equivalent unit. 8. The solid waste service charges per period recommended are hereby adopted. Service Level Residential* In Gallons Quarterly Monthly Quarterly Monthly Quarterly Monthly Quarterly 20 27.06$ n/a n/a n/a n/a n/a n/a 30 44.94$ 12.99$ 38.97$ n/a n/a n/a n/a 60 66.68$ 16.74$ 50.22$ n/a n/a n/a n/a 90 102.20$ 22.85$ 68.55$ 12.30$ 36.90$ 15.81$ 47.43$ 120 162.36$ n/a n/a n/a n/a n/a n/a 150 202.95$ n/a n/a n/a n/a n/a n/a 180 243.54$ 47.21$ 141.63$ 22.03$ 66.09$ 30.42$ 91.26$ 270 365.31$ n/a n/a 30.42$ 91.26$ n/a n/a 360 487.08$ n/a n/a n/a n/a n/a n/a Garbage Recycling Organics Commercial * Rate includes Garbage, Recycling and Organics Note: Taxes and fees are excluded from rates where applicable. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Residential Units 2017 2018 Tier 1 0 - 40 1.78$ 1.89$ Tier 2 41 - 80 2.21$ 2.34$ Tier 3 81 - above 3.31$ 3.51$ Commercial All 1.78$ 1.89$ Irrigation All 3.31$ 3.51$ Meter Size 2017 2018 2017 2018 5/8"8.26$ 9.08$ 24.79$ 27.23$ 3/4"8.26$ 9.08$ 24.79$ 27.23$ 1.0"11.57$ 12.70$ 34.71$ 38.10$ 1.5"14.87$ 16.33$ 44.62$ 48.99$ 2.0"23.96$ 26.31$ 71.89$ 78.93$ 3.0"90.90$ 99.81$ 272.69$ 299.43$ 4.0"115.69$ 127.03$ 347.06$ 381.09$ 6.0"173.53$ 190.54$ 520.59$ 571.62$ 2.0" Compound n/a n/a 71.89$ 78.93$ 3.0" Compound n/a n/a 272.69$ 299.43$ State Testing Fee 2017 2018 Commercial 0.53$ 0.53$ Monthly Residential 1.59$ 1.59$ Quarterly Residential 2017 2018 Base Charge 16.78$ 17.61$ Quarterly Usage 3.28$ 3.44$ Per unit - Quarterly Apartments 2017 2018 Base Charge 16.78$ 17.61$ Quarterly Usage 3.28$ 3.44$ Per unit - Quarterly Commercial 2017 2018 Base Charge 16.78$ 17.61$ Quarterly Usage 3.28$ 3.44$ Per unit - Quarterly Base Charge 5.60$ 5.87$ Monthly Usage 3.28$ 3.44$ Per unit - Monthly Residential 2017 2018 Quarterly 21.83$ 23.14$ Commercial 2017 2018 Monthly 36.38$ 38.56$ Quarterly 109.15$ 115.68$ Bassett Creek Watershed Management District (pass-through) 2017 2018 Monthly 0.64$ 0.64$ Quarterly 1.93$ 1.93$ 2017 2018 2017 2018 20-gallon 28.00$ 29.40$ Quarterly 30 gallon service 30-gallon 46.50$ 48.83$ Quarterly Garbage 16.27$ 17.08$ Monthly 60-gallon 69.00$ 72.45$ Quarterly Garbage 48.80$ 51.24$ Quarterly 90-gallon 105.75$ 111.04$ Quarterly 60 gallon service 120-gallon 168.00$ 176.40$ Quarterly Garbage 20.96$ 22.01$ Monthly 150-gallon 210.00$ 220.50$ Quarterly Garbage 62.88$ 66.03$ Quarterly 180-gallon 252.00$ 264.60$ Quarterly 90 gallon service 270-gallon 378.00$ 396.90$ Quarterly Garbage 28.62$ 30.05$ Monthly 360-gallon 504.00$ 529.20$ Quarterly Garbage 85.86$ 90.15$ Quarterly 450-gallon 630.00$ n/a Quarterly Recycling 11.71$ 12.30$ Monthly 540-gallon 756.00$ n/a Quarterly Recycling 35.12$ 36.90$ Quarterly Organics 15.06$ 15.81$ Monthly Organics 45.18$ 47.43$ Quarterly 180 gallon service Garbage 59.12$ 62.08$ Monthly Garbage 177.35$ 186.24$ Quarterly Recycling 20.98$ 22.03$ Monthly Recycling 62.95$ 66.09$ Quarterly Organics 28.97$ 30.42$ Monthly Organics 86.92$ 91.26$ Quarterly 270 gallon service Recycling 28.97$ 30.42$ Monthly Recycling 86.92$ 91.26$ Quarterly Residential Commercial Water Rates Water Meter Charges Sewer Rates Commercial Residential Storm Drainage Rates Solid Waste Rates (including tax when applicable) City Council Meeting of October 16, 2017 (Item No. 4g) Title: Adoption of 2018 Utility Rates Page 5 Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Bid Tabulation: Award Bid for Bass Lake Preserve Outlet Project (4014-4000) RECOMMENDED ACTION: Motion to designate Veit & Company, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $126,366.63 for the 2017 Bass Lake Preserve Outlet Project - Project No. 4014-4000. POLICY CONSIDERATION: The proposed improvements are consistent with the City’s storm water plan. SUMMARY: A total of five (5) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Veit & Company, Inc. $ 126,366.63 G.F. Jedlicki, Inc. $ 148,297.40 Northdale Construction Co, Inc. $ 165,613.83 Dave Perkins Contracting, Inc. $ 280,592.80 PCI Roads, LLC $ 329,536.00 Engineer’s Estimate $ 90,980.89 A review of the bids indicates Veit & Company, Inc. submitted the lowest bid. Veit & Company is a reputable contractor. Staff recommends that a contract be awarded to the firm in the amount of $126,366.63. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program CIP for 2017. This project will be paid for using Stormwater Utility funds. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Prepared by: Phillip Elkin, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4h) Page 2 Title: Bid Tabulation: Award Bid for Bass Lake Preserve Outlet Project (4014-4000) DISCUSSION BACKGROUND: This item was originally presented to Council at the June 2, 2016 study session in a report discussing possible improvement projects to Bass Lake Preserve. The current outlet structure is failing in two respects; first, the wooden skimmer, designed to maintain a water level and keep floatables from reaching the outlet pipe, is undermined and not functioning as designed. Secondly, the sluice gate, which controls the rate at which water can leave the wetland, is rusted beyond repair. The replacement plan designed by Barr Engineering, will install two new concrete structures to replace the existing infrastructure. Both new manhole structures will be buried, with only the covers visible. The first structure will act as a skimmer that will collect trash any floatables while also providing an emergency overflow feature. The second structure will have an adjustable weir that will control the water level within the lake. The adjustably of the lake levels will allow city staff to lower the water levels within the lake to allow for easier maintenance of the existing storm sewer. This new design will be easier to maintain than the existing structures. In addition, this project will dredge sediment accumulated in the wetland in front of the outlet to prevent future clogging and create an open water area. An advertisement for bids was published in the St. Louis Park Sun-Sailor on September 14, 2017. In addition, plans and specifications are noticed on the City Website and were made available electronically via the internet by our vendor QuestCDN.com. Email notification was provided to five minority associations and final printed plans were available for viewing at Dodge Data, Construct Connect, Minnesota Builders Exchange, and at City Hall. Thirty three (33) contractors/vendors purchased plan sets with three (3) Disadvantaged Business Enterprises (DBE) identifying themselves as subcontractors. Funding Details Staff has analyzed the bids and determined that Veit & Company, Inc. is a qualified contractor that can complete this work during the 2017 construction season. The low bid does not exceed the funding levels approved for these projects in the City’s 2017 CIP. Based on the low bid received, cost details are as follows: CIP Low Bid Construction Cost $ 265,000.00 $126,366.63 Contingencies (10%) $ 26,500.00 $ 12,636.66 Engineering & Administration $ 39,750.00 $ 31,591.66 Total $ 331,250.00 $170,594.95 Construction Timeline: Construction is anticipated to begin in late October/early November and should be completed by mid-December 2017. Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JULY 19, 2017 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Lisa Peilen, Richard Person, Carl Robertson, Ethan Rickert (youth member) MEMBERS ABSENT: Lynne Carper, Torrey Kanne, Joe Tatalovich STAFF PRESENT: Jennifer Monson, Meg McMonigal 1. Call to Order – Roll Call 2. Approval of Minutes of June 21, 2017 Commissioner Robertson made a motion to approve the minutes of June 21, 2017. Commissioner Person seconded the motion, and the motion passed 4-0. 3. Public Hearings A. The Elmwood – Major Amendment to PUD Location: 5605 36th Street West Applicant: 36th Street LLC Case No.: 17-21-PUD Jennifer Monson, Planner, presented the staff report. The applicant has proposed a five- story, 70 unit mixed-use building with 4,393 square feet of commercial space, 20.5% DORA and 127 parking spaces. Ms. Monson explained that the only changes to the site plan include an additional parking stall added within the surface parking lot and the removal of a residential patio staircase. All other changes take place within the interior of the building and on the roof. The development continues to be marketed toward residents aged 55+ and the dwelling unit mix remains the same. Ms. Monson discussed the proposed reduction in parking of the PUD amendment. She stated that staff is supportive of a reduction in parking in this location due to future transit service in the area, and because of the 55+ age restrictions in the building. She said staff has recommended a parking management plan be included as part of the Planning Development Contract. Ms. Monson reviewed uses, height, DORA and landscaping. Chair Peilen asked if the 127 parking spaces are resident parking only. Ms. Monson responded it is not specified where each use is but the 127 does accommodate guest parking. City Council Meeting of October 16, 2017 (Item No. 4 i) Page 2 Title: Planning Commission Meeting Minutes of July 19, 2017 Commissioner Johnston-Madison asked about underground parking. She spoke about PLACE project’s need to rent parking from businesses along 36th St. She said given the reduction in Elmwood parking PLACE probably will not be renting parking spaces at that location. Ms. Monson responded likely not. She added that there is a large surface parking lot across the street by Hoigaard Village and a large surface parking lot at Burlington Coat. Chair Peilen opened the public hearing. As there was no one present wishing to speak she closed the public hearing. Commissioner Robertson said overall the changes don’t alter the project visually from the original PUD. He said he understands the client’s need to work with the budget. He said he didn’t vote for the original PUD because he didn’t think it met the spirit of mixed use. He said he wouldn’t be voting to recommend approval of the amendment for the same reason. Commissioner Johnston-Madison said she understands Commissioner Robertson’s view but she does like the amendment proposal, especially the project size and because of the number of two bedroom units. Commissioner Johnston-Madison made a motion to recommend approval of Major Amendment to Section 36-268 PUD 8 subject to conditions recommended by staff. Commissioner Person seconded the motion, and the motion passed on a vote of 3-1 (Robertson opposed). 4. Other Business: None 5. Communications: None 6. Adjournment Chair Peilen adjourned the meeting at 6:18 p.m. Respectfully submitted, Nancy Sells Recording Secretary Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4j OFFICIAL MINUTES PLANNING COMMISSION STUDY SESSION ST. LOUIS PARK, MINNESOTA AUGUST 16, 2017 – 6:00 p.m. COMMUNITY ROOM MEMBERS PRESENT: Lynne Carper, Torrey Kanne, Lisa Peilen, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: Carl Robertson, Claudia Johnston-Madison, Richard Person STAFF PRESENT: Sean Walther, Joe Ayers-Johnson, Jacquelyn Kramer, Jennifer Monson, Gary Morrison 1. Potential request to allow 3rd shift adjacent to residential in industrial districts with conditions Gary Morrison, Assistant Zoning Administrator, introduced the subject. He stated that Lyman Lumber, located in Westside Center, is interested in starting a third shift, but cannot because the code prohibits a business from operating a third shift if the property is adjacent to another property zoned residential. He explained that Novartis and Nestle both occupied the building before it was sold and remodeled into the Westside Center, and that they both operated a third shift. They were able to do so because at the time, the property consisted of two parcels, and the parcel occupied by the building was not adjacent to residential. The redevelopment of the property included combining the two parcels, into one. As a result, the building is now adjacent to residential, and no longer qualifies for a third shift. While the combination of the two parcels was necessary for the redevelopment, the loss of the ability to operate a third shift was inadvertent. Lyman Lumber will be submitting an application to operate a third shift, and will be submitting recommended language for a code amendment to allow it. Staff will review how the proposed amendment impacts Lyman Lumber and its neighbors. Staff will also review how the proposed amendment impacts other industrial and residential properties around the city. The results of the review will be presented to the planning commission at a future date, assuming an application is received. Jim Yarosh, attorney, representing Lyman Lumber, located at Westside Center, spoke about the company’s desire to allow a third shift. Commissioner Kanne spoke about concerns regarding noise. Commissioner Peilen said the example of Lyman Lumber looks pretty good to her. She said she couldn’t make a decision on an amendment more broadly without analyzing other properties which would meet the conditions and what the potential impacts are. City Council Meeting of October 16, 2017 (Item No. 4j) Page 2 Title: Planning Commission Meeting Minutes of August 16, 2017 Mr. Morrison presented a map of other properties in the city that are currently prohibited from having a third shift and would become eligible to have a third shift if new conditions/exceptions were allowed as presented. Commissioner Kanne asked what would happen if there were problems and complaints about a third shift. Sean Walther, Planning and Zoning Supervisor, replied that becomes an enforcement issue. If there are noise issues related to equipment, the city could take noise measurements to determine if there is a violation, which can be grounds to revoke a permit or take other enforcement action. Mr. Walther said the Planning Commission should also consider whether allowing the third shift would require a Conditional Use Permit or if the exception could be handled administratively. What kind of process will we propose? Commissioner Carper said he could support an amendment and he’d like to see it handled administratively. Commissioner Peilen stated she wanted to help the community’s businesses as long as it doesn’t cause problems for neighbors. She said the amendment is certainly worth exploring and discussing. 2. Zoning Amendment Ordinance – Electric Vehicle Charging Stations Jacquelyn Kramer, Associate Planner, introduced the topic. She said staff is looking for feedback on concerns, research, and items the Commission would expect to see on a final amendment. Commissioner Carper said he’d like to see station locations be a premium location. He said he recognizes there aren’t that many electric vehicles today. He suggested mandating that developers include components so that at some point charging stations can be put in very easily. Commissioner Tatalovich asked if there is a standard hook-up at stations. Ms. Kramer explained that there are different types for slow or fast charging. She explained that staff is looking at how to define policy on technology that changes so quickly. Commissioner Kanne asked if staff is looking at what Minneapolis is doing. Ms. Kramer said staff will be looking at examples from other cities near us and other comparable cities throughout the nation as a guide. Staff will also look at the work of transportation advocacy groups and university study recommendations. Commissioner Peilen said she supported the concept totally. 3. Small Cell Wireless Mr. Walther discussed changes in technology and the use of booster equipment to supplement wireless towers in areas of high use. He discussed recent statutory language City Council Meeting of October 16, 2017 (Item No. 4j) Page 3 Title: Planning Commission Meeting Minutes of August 16, 2017 which limits the city’s ability to regulate installation of small cell wireless technology in public right-of-way. Mr. Walther said staff is weighing options, including whether or not requests in single family residential zoning districts would be handled administratively or through CUP. Staff will be providing a recommendation to the Planning Commission and City Council in the coming months. Mr. Walther provided a description and examples of what the equipment typically looks like. 4. Mixed-use Zoning District Concept Review – Basic Building Form Jennifer Monson, Planner, gave a presentation. She explained that in 2015 the city adopted a specific PUD zoning district, reducing the effectiveness and usefulness of the existing MX District. She said the city is now proposing an update to the existing MX District to provide a district that allows a standard for mixed use developments in the MX district that are site and context sensitive, and do not require a PUD. Ms. Monson said staff desired to present options for best determining basic building form at the meeting. Then at future study sessions staff will present additional MX code options for consideration including permitted uses, setbacks, height bonuses articulation standards, landscape requirements, etc. Ms. Monson discussed primary and secondary frontages and building orientations. She presented options for determining primary and secondary frontages based on street classification in the Comprehensive Plan. Commercial and active uses were discussed. Jacquelyn Kramer, Associate Planner, discussed height standards. She said staff is proposing looking at scale and the ratio between the building height and the street width, rather than having a hard maximum cap to height. She spoke about an overall goal of MX district to encourage pedestrian activity and connectivity; saying that ratio is one way to facilitate that. She asked the Commission to consider what ratios they are comfortable with. She presented renderings illustrating different ratios. Commissioner Peilen said one of her concerns is fear of a cookie-cutter look all over the city. Ms. Kramer said there is variety because the streets are different widths. She added that the mixed use zoning district designation wouldn’t be used all over the city. Commissioner Carper discussed transitions between housing which is adjacent to mixed use in the city. He spoke about Bridgewater and Ellipse. Mr. Walther noted that transitions will be discussed later in the presentation. Ms. Kramer said staff will be providing existing examples that the Commission is likely familiar with. Also, Commissioners are welcome to share examples they would like us to consider emulating. City Council Meeting of October 16, 2017 (Item No. 4j) Page 4 Title: Planning Commission Meeting Minutes of August 16, 2017 Commissioner Carper spoke about development in Vancouver, B.C., which uses more transparent building materials for openness. Joe Ayers-Johnson, Community Development intern, spoke about transitions from MX to residential, and how mixed use buildings should relate to surrounding residential or other low density residential zoning districts. He spoke about options for height and setback transitions adjacent to single family residential zoning districts. He discussed common transition techniques of setback and stepbacks to create a visual break. He explained how the city’s current PUD district regulates heights and setbacks in these transition areas. Commissioner Carper asked why the same language couldn’t be used. Mr. Walther said staff is comfortable with using the same approach but wanted confirmation from the Planning Commission. Mr. Ayers-Johnson presented examples from the Ellipse development where the building was stepped back. Commissioner Carper spoke about the shading ordinance and the Ellipse. Mr. Ayers-Johnson shared specific examples of the stepped back approach with previous St. Louis Park developments. Mr. Walther asked for reactions on approaches being presented. Commissioners Kanne and Peilen commented that it seems to make sense. Commissioner Carper asked about making a wider curb and more green area, and have the first portion of the building taller, rather than using that first step back. Ms. Kramer responded that wouldn’t have as much impact on the ratio. Commissioner Kanne said it looks good and the examples do make it seem more open. She asked which areas would have walkability as a focus. Mr. Walther responded that the city has a goal for walkability everywhere, but there are community sidewalk grids every quarter mile. That would be the higher priority and would likely coincide with areas that may be suitable for an MX zoning designation. Mr. Walther said staff’s preference would be to pick one frontage rather than having two primary frontages. This gives more flexibility. Mr. Walther said staff will be illustrating mixed use concepts further. Additional details will be provided and the discussion will continue. The meeting adjourned at 7:40 p.m. Respectfully submitted, Nancy Sells Recording Secretary Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4k OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 6, 2017 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Lisa Peilen, Carl Robertson, Ethan Rickert (youth member) MEMBERS ABSENT: Torrey Kanne, Richard Person, Joe Tatalovich STAFF PRESENT: Sean Walther, Jacquelyn Kramer, Jennifer Monson, Gary Morrison 1. Call to Order – Roll Call Chair Peilen called the meeting to order at 6:00 p.m. 2. Approval of Minutes of August 16, 2017 Commissioner Carper made a motion to approve the minutes of August 16, 2017. Chair Peilen seconded the motion. The motion failed on a vote of 2-0. Commissioners Johnston-Madison and Robertson abstained. 3. Public Hearings A. Conditional Use Permit – American Legion Post 282 Location: 6509 and 6515 Walker Street Applicant: Paul Revere Masonic Lodge and the American Legion Case No.: 17-24-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The request for a conditional use permit is to operate a Places of Assembly. The Paul Revere Masonic Center has reduced the size of its operation and are in the process of remodeling the building to convert it to a two-tenant building. The second tenant space is proposed to be leased to the American Legion. Mr. Morrison explained that the American Legion proposes to operate the existing kitchen and an Assembly area on the east side of the building. The Assembly area is expected to be used primarily as a food service area where meals and drinks will be served to club members and guests. Mr. Morrison reviewed conditions specific to Assembly use. He provided a detailed review of parking conditions. He discussed conditions regarding intoxicating liquor. The application does meet all conditions. Mr. Morrison stated a neighborhood meeting was held on August 29, 2017. Commissioner Carper asked about the use of surrounding buildings and related traffic. City Council Meeting of October 16, 2017 (Item No. 4k) Page 2 Title: Planning Commission Meeting Minutes of September 6, 2017 Mr. Morrison responded uses include NTB, the historic Walker Building which consists of small offices/low occupancy, print shops, manufacturing, therapeutic massage, and a school maintenance facility. He said traffic is pretty light during the week. The main traffic is down Lake St. going west to Louisiana. Commissioner Carper asked Mr. Morrison to point out the location of the Community Center. He asked about programming for children at the center. Mr. Morrison responded Spanish Immersion is in the building. There is some thought to relocate that use and make the Community Center an administrative school building. Commissioner Carper asked about traffic controls at Walker Street and Lake. Mr. Morrison responded that is a two-way stop. Commissioner Carper asked about access for the American Legion. Mr. Morrison showed property lines for the building right along the south side wall. Everything else south of that is public right-of-way. He spoke about the agreement the city has with the neighboring property that will not allow the PRMC or American legion to have access to the right-of-way to the east, and that the gate will have to be removed. Commissioner Johnston-Madison suggested that bike racks be added to the site plan. Commissioner Johnston-Madison asked about number of employees of American Legion and parking. Kristine Strout, 2935 Rhode Island Ave. S., manager, said they have about 12 total employees, with three during the day shift. She would like employees to park in the public parking except for the closers. She’d like closers to park near the building. She said the American Legion is family friendly, and kids do come in with their families to eat. The Chair opened the public hearing. Megan Phimister, 3451 Zarthan Ave. S., co-chairs the Sorensen Neighborhood Association. Both she and her co-chair Lois Zander support the request. The Chair closed the public hearing. Commissioner Johnston-Madison said new businesses are coming to the area and there is a lot of potential for revitalization. She said she supports the request with concern about the addition of bike racks. Commissioner Carper said it is a reasonable request. Chair Peilen supports the request. City Council Meeting of October 16, 2017 (Item No. 4k) Page 3 Title: Planning Commission Meeting Minutes of September 6, 2017 Commissioner Carper made a motion to recommend approval of a Conditional Use Permit to allow a Place of Assembly uses at 6509 and 6515 Walker Street with conditions recommended by staff. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-0. 4. Other Business None 5. Communications None 6. Adjournment The meeting was adjourned at 6:30 p.m. STUDY SESSION MINUTES September 6, 2017 1. Mixed-use Zoning District Concept Review—Building setbacks, step backs, façade details and buffer yards Sean Walther, Planning and Zoning Supervisor, explained the discussion item is for continued feedback from the commission before staff generates an official request for a zoning amendment on the topic. Jennifer Monson, Planner, noted that the topics of building orientation, building height to street width ratio, and transitions between residential districts were introduced at the August 16 study session. Ms. Monson gave a summary of the direction staff proposes for building orientation with a primary street frontage and a secondary street frontage. She stated that there wasn’t agreement on a specific ideal ratio. Staff proposes a range of acceptable ratios. Minimum and maximum overall heights will be discussed at a later date. Regarding transitions between mixed-use buildings and R1/R2 districts, Ms. Monson said staff proposes using the existing PUD language for buildings within the M-X district. Jacquelyn Kramer, Associate Planner, discussed height bonuses. She said examples include creating public space on site, creating bicycle or pedestrian paths that connect different public spaces, public art, water features, innovative storm water treatment on site, green roofs and other high performance green standards, more affordable housing units, and affordable commercial space. She asked if these should be bonuses or required throughout the district. Commissioner Robertson said he liked the idea of a bonus, providing options and creativity to the developer and architect. Commissioner Carper asked who would be authorized to do negotiations on bonuses. Mr. Walther said ideally it would be more formulaic to avoid negotiating these issues on each site and application. M-X would be a stand-alone district that doesn’t have to operate with a City Council Meeting of October 16, 2017 (Item No. 4k) Page 4 Title: Planning Commission Meeting Minutes of September 6, 2017 PUD. The Commission would review and the City Council would approve any formulas that staff develops when preparing the ordinance. Commissioner Johnston-Madison discussed green space and features of Excelsior & Grand and Uptown developments. She said she would like to see more green space in M-X. Commissioner Peilen said she had concerns about requirements on the makeup of housing. An option is one thing, but a requirement is another thing. Mr. Walther asked the commission to consider items they wouldn’t want to be included as a bonus, and items that should instead be required. Commissioner Robertson said green roof might not be with height bonus as it is mostly used with storm water management. He said he loved the idea of affordable commercial space. Commissioners agreed about that. Commissioner Peilen said she liked the idea of options. Commissioners discussed height and what a development like Excelsior & Grand might look like with another story. Ms. Monson suggested bringing this question back to a future session. Ms. Kramer discussed setbacks which minimize the impact on adjacent parcels and on the street level. She showed diagrams with 2-story versus 3-story where the 3rd story is stepped back so not as visible from the street. She spoke about tying it to the height bonuses and stepping back. It wouldn’t then impact the building-to-width street ratio, or impact pedestrian realm, but the developer still gets the extra story. Ms. Kramer discussed different step back requirements for front and rear buildings. Commissioner Carper spoke about angle of visibility and complaints regarding the Bally’s site proposal. He noted concerns from residents to the south that by allowing the Bally’s site to be one story taller it would be above the tree line of the residential on Vallacher and in view of the neighborhood. Commissioner Johnston-Madison remarked that at this point the discussion is general, not about specific sites. It’s all relative to the area. She added that the Commission did not recommend approval for the Bally’s site development. Mr. Walther said staff’s intention as we are developing these codes will be to use some test sites. Whether or not they are rezoned to M-X or not they will at least fit the criteria that might be suitable for M-X. Then it can be tested to show what these rules look like when applied. Ms. Kramer discussed setbacks versus build-to lines keeping buildings relatively close to the street to create the street edge. Instead of just a hard line such as setback, there would be a build- to zone. The building has to fall within the zone for a certain percentage of the building frontage, so there would still be some flexibility. Commissioner Johnston-Madison said she still thinks more green space is needed. City Council Meeting of October 16, 2017 (Item No. 4k) Page 5 Title: Planning Commission Meeting Minutes of September 6, 2017 Mr. Walther said he wonders about the right amount of green space the Commission is looking for. He said staff is thinking to propose a larger setback than what we’ve been seeing for that reason. The struggle is how much is enough, how much is too much? He asked commissioners to share examples of areas and properties that seem about right to them. Commissioner Robertson spoke about courtyard houses and doing bigger houses on smaller lots with good landscaping. Ms. Kramer provided definitions and illustrations of different considerations that go into a selecting a build-to line. Ms. Monson asked commissioners to consider their preference for specific setbacks based on adjacent uses or the alternative based on building code. Ms. Monson discussed building siting and façade articulation to identify how the building interacts to the sidewalk and build-to zones, how to make a large building seem smaller, and courtyards. Commissioner Robertson said he was a little uncomfortable with requiring courtyards. He said it might be if you provide a courtyard you get something for it. But to have a rule that you must include a courtyard open to sky means you are designing my building and I might not like that. There might be a reason I don’t want to do that. I might pass on what you can offer me. He said that becomes more like building design, not street design. Chair Peilen said she agreed that it might get too heavy handed, too specific and too controlling. Ms. Monson spoke about façade divisions which visually break up the building. There was a discussion about formula and language. Commissioner Robertson suggested language saying large facades shall be broken up architecturally, but not indicating required numbers. He said a lot of cities are trying to provide formulas. Building design is not a formula. Mr. Walther asked how we prevent bad design, and how one would decide if what the architect provided has met the intent of the regulation. Gary Morrison, Assistant Zoning Administrator, spoke about formulas as the simplest thing. For instance, you’ve got to have a total of 20 ft. of depth added somewhere in the façade. Commissioner Robertson spoke about percentages of building materials as an example. He said it gives the architect a palette. There was a discussion about making M-X language easy to understand, making it flexible and inspire to do better. Commissioner Carper said the bonus concept is a way to inspire. City Council Meeting of October 16, 2017 (Item No. 4k) Page 6 Title: Planning Commission Meeting Minutes of September 6, 2017 Ms. Monson and Mr. Walther stated that other topics for future discussion may include side and rear buffer, screening and landscaping, maximum height, distance of step backs, width of step backs, minimum commercial depth/uses, ground floor transparency, site circulation, trash location, entrances and their locations, parking and loading, landscaping, and uses. Commissioners said staff should decide the order of topics to be presented. Commissioners said they prefer continuing with the discussion format rather than having staff present proposed ordinance language for consideration. The study session was adjourned at 7:40 p.m. Respectfully submitted, Nancy Sells Recording Secretary Meeting: City Council Meeting Date: October 16, 2017 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Accept Donation from National Association of Government Web Professionals RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from the National Association of Government Web Professionals in an amount not to exceed $3,000 for all related expenses for Jason Huber, Information Technology Manager, to attend the 2017 National Association of Government Web Professionals National Conference in San Diego, California. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. The City of St. Louis Park’s Information Technology Manager, Jason Huber, represented the National Association of Government Web Professionals (NAGW) as their Midwest Director at the 2017 National Conference, September 18 - 22, 2017. As a result of Mr. Huber’s board member status, the National Association of Government Web Professionals paid all related conference expenses in an amount not to exceed $3,000. The City Attorney has reviewed this matter. His opinion is that state law permits the payment of such expenses by this organization, regardless of whether the funds come from primary or secondary sources. It is treated as a gift to the city and there needs to be a resolution adopted by the City Council determining that attendance at this event serves a public purpose and accepting the gift. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used toward the expenses incurred by Jason Huber’s attendance to the National Association of Government Web Professionals National Conference in San Diego, California. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jason Huber, Information Technology Manager Reviewed by: Nancy Deno, HR Director/Deputy City Manager Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 4l) Page 2 Title: Accept Donation from National Association of Government Web Professionals RESOLUTION NO. 17-____ RESOLUTION ACCEPTING DONATION FROM NATIONAL ASSOCIATION OF GOVERNMENT WEB PROFESSIONALS FOR EXPENSES FOR JASON HUBER TO ATTEND THE 2017 NATIONAL ASSOCIATION OF GOVERNMENT WEB PROFESSIONALS LEADERSHIP WORKSHOP WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, the National Association of Government Web Professionals will compensate all related costs, in an amount not to exceed $3,000, for the City’s Information Technology Manager, Jason Huber, to attend the National Association of Government Web Professionals Conference, September 18-22, 2017, in San Diego, California; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to the National Association of Government Web Professionals with the understanding that it must be used for expenses incurred by Jason Huber to attend the 2017 National Association of Government Web Professionals National Conference held in San Diego, California. Reviewed for Administration Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 16, 2017 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Public Hearing to Consider First Reading of 2018 Fee Ordinance RECOMMENDED ACTION: Mayor to conduct the public hearing. Motion to approve First Reading of an ordinance adopting fees for 2018 and set Second Reading for November 6, 2017. POLICY CONSIDERATION: Are the proposed fees commensurate with the cost of the various services the city provides? SUMMARY: Each year our fees are reviewed by departments prior to renewal and as part of our budget process. Some fees must be set and adjusted in accordance with our ordinance; other fees are allowed to be set administratively. All fees are reviewed each year based on comparison to other cities in the metro area, changes in regulations, and to make sure our business costs are covered for such service. At the October 9, 2017 Study Session, Council received a written report which included all proposed citywide fees for 2018. Fees called for within individual provisions of the St. Louis Park City Code are to be set by ordinance and listed as Appendix A. A public hearing notice was published October 5, 2017 informing interested persons of the City’s intent to consider fees in accordance with our city code Appendix A. Next steps: The second reading of this ordinance is scheduled for November 6, 2017. If approved, the fee changes will be effective January 1, 2018. FINANCIAL OR BUDGET CONSIDERATION: The proposed fee increases have been incorporated into the preliminary 2018 budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Proposed Ordinance Ordinance Summary Prepared by: Mark Ebensteiner, Finance Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Tim Simon Chief Financial Officer Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 6a) Page 2 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance DISCUSSION BACKGROUND: Each Department Director has reviewed fees listed in Appendix A of the City Code. The Administrative Services Department has worked with individual departments and their recommendations are included in the attached ordinance. SUMMARY OF PROPOSED ORDINANCE FEE CHANGES: The Administrative Services, Community Development, Engineering, Fire, Inspections, Operations & Recreation and Police Departments have each reviewed and analyzed the proposed fee adjustments, and/or additions, or removals that are the shown in Appendix A (attached). Unless otherwise listed below, the proposed fee adjustments reflect the increased administrative costs of providing services. Significant Fee Changes •Administrative Services: The administrative penalty was added for Solid Waste Management – Multifamily & Commercial and relates to non-compliance with requirements listed in Chapter 22 of the code. •Engineering: An additional permit fee was added titled “Small Cell Wireless Facility Permit”. This includes the initial permit fee, rent to occupy space, maintenance, and electricity. City Council Meeting of October 16, 2017 (Item No. 6a) Page 3 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance ORDINANCE NO. ____-17 ORDINANCE ADOPTING FEES FOR CALENDAR YEAR 2018 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2018. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted November 7, 2016 by Ordinance No. 2511-16 for the calendar year 2017 which is hereby rescinded. ADMINISTRATIVE PENALTIES Chapter 4 – Animal Regulations $50 Chapter 6 – Buildings & Building Regulations Chapter 6, Article V – Property Maintenance Code $100 Chapter 8 – Business and Business Licenses $100 Chapter 12 – Environment $50 Chapter 12, Section 1 – Environment & Public Health Regulations Adopted by Reference $100 Chapter 12, Section 157 – Illicit Discharge and Connection $100 Chapter 12, Section 159 – Wetland Protection $100 Chapter 14 – Fire and Fire Prevention $50 $100 Chapter 14, Section 75 – Open burning without permit $100 Chapter 20 – Parks and Recreation $50 Chapter 22 – Solid Waste Management $50 Chapter 22 – Solid Waste Management – Multifamily & Commercial $100 Chapter 22, Section 35b – Contagious Disease Refuse $200 Chapter 24 – Streets, Sidewalks & Public Places $50 Chapter 24, Section 24-43 – Household Trash & Recycling Containers blocking public way $50 Chapter 24, Section 50 – Public Property: Defacing or injuring $150 Chapter 24, Section 51 – Sweeping leaves or snow into street prohibited $100 Chapter 24, Section 151 – Work in public right-of-way without a permit $100 Chapter 24-342 – Snow, ice and rubbish a public nuisance on sidewalks; removal by owner Residential $25 first time, plus $10 each subsequent offense Commercial $25 first time, Fee shall double for each subsequent violation, with a maximum fee of $200 for SFR and $400 for all others. Doesn't reset annually. Does reset for new owners. Chapter 26 – Subdivision $100 Violation of a condition associated with a Subdivision approval. $750 Chapter 32 – Utilities $50 Violation of sprinkling ban. $50 first time, Fee shall double for each subsequ violation, with a maximum fee of $200 for SFR and $400 for all others. Doesn't reset annually. Does reset for new owners City Council Meeting of October 16, 2017 (Item No. 6a) Page 4 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Chapter 36 – Zoning $50 Chapter 36, Section 37 – Conducting a Land Use not permitted in the zoning district $100 Violation of a condition associated with a Conditional Use Permit, Planned Unit Development, or Special Permit approval $750 Repeat Violations within 24 Months up to a maximum of $2,000 Double the amount of the fine imposed for the previous violation, up to a maximum of $2,000. For example, if there were four occurrences of a violation that carried a $50 fine, the fine for the fourth occurrence would be $400 (first: $50; second: $100; third: $200; fourth: $400). Fines in addition to abatement and licensing inspections Fines listed above may be in addition to fees associated with abatement and licensing inspections. CITY CLERK’S OFFICE Domestic Partnership Registration Application Fee $50 Amendment to Application Fee $25 Termination of Registration Fee $25 COMMUNITY DEVELOPMENT DEPARTMENT Comprehensive Plan Amendments $2,100 $2,150 Conditional Use Permit $2,100 $2,150 Major Amendment $2,100 $2,120 Minor Amendment $1,100 $1,150 Fence Permit Installation $15 $20 Numbering of Buildings (New Addresses) $50 Official Map Amendment $550 $600 Parking Lot Permit Installation/Reconstruction $75 Driveway Permit $25 Planned Unit Development Preliminary PUD $2,100 $2,150 Final PUD $2,100 $2,150 Prelim/Final PUD Combined $3,000 $3,200 PUD - Major Amendment $2,100 $2,150 PUD - Minor Amendment $1,100 $1,150 Recording Filing Fee Single Family $50 Other Uses $120 Registration of Land Use $50 Sign Permit Erection of Temporary Sign $30 Erection of Real Estate, Construction Sign 40+ ft $75 $100 Installation of Permanent Sign without footings $75 $100 Installation of Permanent Sign with footings $100 $150 City Council Meeting of October 16, 2017 (Item No. 6a) Page 5 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Special Permits Major Amendment $2,100 $2,150 Minor Amendment $1,100 $1,150 Street, Alley, Utility Vacations $850 $900 Subdivision Dedication Park Dedication (in lieu of land) Commercial/Industrial Properties 5% of current market value of the unimproved land as determined by city assessor Multi-family Dwelling Units $1,500 per dwelling unit Single-family Dwelling Units $1,500 per dwelling unit Trails $225 per residential dwelling unit Subdivisions/Replats Preliminary Plat $900 $1,000 plus $100 $150 per lot Final Plat $550 $600 Combined Process and Replats $1,100 $1,200 plus $100 $150 per lot Exempt and Administrative Subdivisions $350 $375 Temporary Use Carnival & Festival over 14 days $1,500 Mobile Use Vehicle Zoning Permit (Food or Medical) $50 Time Extension $150 $200 Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor Tree Replacement Cash in lieu of replacement trees $135 per caliper inch Variances Commercial $500 $550 Residential $300 Zoning Appeal $300 Zoning Letter $50 Zoning Map Amendments $2,100 $2,150 Zoning Permit Accessory Structures, 120 ft or less $25 Zoning Text Amendments $2,100 $2,150 ENGINEERING DEPARTMENT Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $12 per 10 linear feet Base Fee $60 Permit Parking- High School and Medical Need No Charge Right-Of-Way Permits Excavation or Obstruction Permit Base Fee $60 Hole in Road/Blvd (larger than 10" diameter) $60 per hole Trenching in Boulevard $200 per 100 linear feet (minimum $200) Trenching in Roadway $400 per 100 linear feet (minimum $400) Delay Penalty 2 times total permit fee Small Cell Wireless Facility Permit Permit Fee $1,500 per antenna Rent to occupy space on a city-owned wireless support Structure $150 per year per antenna Maintenance associated with space on a city-owned wireless support structure $25 per year per antenna City Council Meeting of October 16, 2017 (Item No. 6a) Page 6 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Electricity to operate small wireless facility, if not purchased directly from utility (i) $73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii) Delay Penalty 2 times total permit fee Temporary No Parking Signs (for ROW permit work) Deposit of $25/sign (minimum $100 per permit) Temporary Private Use of Public Property $350 Dewatering Permit Administrative Fee (all permits) $250 Discharge to Sanitary Sewer Charge based on duration/volume of discharge Erosion Control Permit Application and Review – single family $200 Application and Review – other applicants $450 Deposit – single family $1,500 Deposit – other applicants $3,000 per acre (min. $1,500) FIRE DEPARTMENT False Fire Alarm Residential Commercial 1st offense $0 $0 2nd offense in same year $100 $100 3rd offense in same year $150 $200 4th offense in same year $200 $300 5th offense in same year $200 $400 Each subsequent in same year $200 $100 increase Fireworks Display Permit Actual costs incurred Service Fees Service Fee for fully-equipped & staffed vehicles $500 per hour for a ladder truck $325 per hour for a full-size fire truck $255 per hour for a rescue unit Service Fee of a Chief Officer $100 per hour After Hours Inspections $65 per hour (minimum 2 hrs.) Tent Permit Tent over 200 sq. ft. $75 Canopy over 400 sq. ft. $75 INSPECTIONS DEPARTMENT Building Demolition Deposit 1 & 2 Family Residential & Accessory Structures $2,500 All Other Buildings $5,000 Building Demolition Permit 1 & 2 Family Residential & Accessory Structures $170 $180 All Other Buildings $280 $300 Building Moving Permit $500 Business Licenses Billboards $160 $165 per billboard Commercial Entertainment $285 Courtesy Bench $57 $60 Dog Kennel $160 $165 Environmental Emissions $320 $330 City Council Meeting of October 16, 2017 (Item No. 6a) Page 7 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Massage Therapy Massage Therapy Establishment $360 $370 Massage Therapy License $115 $120 Therapists holding a Massage Therapy Establishment License $35 Pawnbroker License Fee $2,000 Per Transaction Fee $2 Investigation Fee $1,000 Penalty $50 per day Sexually Oriented Business Investigation Fee (High Impact) $500 High Impact $4,500 Limited Impact $125 Tobacco Products & Related Device Sales $575 $590 Vehicle Parking Facilities Enclosed Parking $235 $245 Parking Ramp $185 $195 Certificate of Occupancy For each condominium unit completed after building occupancy $100 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $450 5,001 to 25,000 sq ft $750 25,001 to 75,000 sq ft $1,000 75,001 to 100,000 sq ft $1,400 100,000 to 200,000 sq ft $1,700 above 200,000 sq ft $2,200 Temporary Certificate of Occupancy $85 Certificate of Property Maintenance Certificate of Property Maintenance Extension $60 Change in Ownership Condominium Unit $150 Duplex (2 Family dwellings) $325 Multi-Family (apartment) Buildings $255 per building + $15 per unit Single Family Dwellings $235 All Other Buildings: Up to 5,000 sq ft $450 5,001 to 25,000 sq ft $750 25,001 to 75,000 sq ft $1,000 75,001 to 100,000 sq ft $1,400 100,000 to 200,000 sq. ft $1,700 above 200,000 sq. ft $2,200 Temporary Certificate of Property Maintenance Residential $85 All others $200 Construction Permits (building, electrical, fire protection, mechanical, plumbing, pools, utilities) Building and Fire Protection Permits Valuation Up to $500 Base Fee $55 $65 $500.01 to $2,000.00 Base Fee $55 $65 + $2 for each additional (or fraction thereof) $100 over $500.01 City Council Meeting of October 16, 2017 (Item No. 6a) Page 8 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Construction Permits (cont.) $2,000.01 to $25,000.00 Base Fee $85 $95 + $15 for each additional (or fraction thereof) $1,000 over $2,000.01 $25,000.01 to $50,000.00 Base Fee $430 $440 + $10 for each additional (or fraction thereof) $1,000 over $25,000.01 $50,000.01 to $100,000.00 Base Fee $680 $690 + $7 for each additional (or fraction thereof) $1,000 over $50,000.01 $100,000.01 to $500,000.00 Base Fee $1,030 $1,040 + $6 for each additional (or fraction thereof) $1,000 over $100.000.01 $500,000.01 to $1,000,000.00 Base Fee $3,430 $3,440 + $5 for each Additional (or fraction thereof) $1,000 over $500,000.01 $1,000,000.01 and up Base Fee $5,930 $5,940 + $4.80 for each additional (or fraction thereof) $1,000 over $1,000,000.01 Single Family Residential Exceptions: Reroofing – asphalt shingled, sloped roofs only House or House and Garage $140 Garage Only $70 Residing House or House and Garage $140 Garage Only $70 Building Mounted Photovoltaic Panels $250 Electrical Permit Installation, Replacement, Repair $50 $60 + 1.75% of job valuation Installation of traffic signals per location $150 Single family, one appliance $50 $60 ISTS Permit (sewage treatment system install or repair) $125 Mechanical Permit Installation, Replacement, Repair $55 $60 + 1.75% of job valuation Single Family Exceptions: Replace furnace, boiler or furnace/AC $65 $70 Install single fuel burning appliance with piping $65 $70 Install, replace or repair single mechanical appliance $55 $60 Plumbing Permit Installation, Replacement, Repair $55 $60 + 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $55 $60 Private Swimming Pool Permit Building permit fees apply Public Swimming Pool Permit Building permit fees apply Sewer & Water Permit (all underground private utilities) Installation, Replacement, Repair $55 $60 + 1.75% of job valuation Single Family Exceptions: Replace/repair sewer or water service $90 $95 Water Access Charge $750 City Council Meeting of October 16, 2017 (Item No. 6a) Page 9 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Competency Exams Fees Mechanical per test $30 Renewal - 3 year Mechanical $30 Contractor Licenses Mechanical $100 $105 Solid Waste $200 $210 Tree Maintenance $95 $100 Dog Licenses 1 year $25 2 year $40 3 year $50 Potentially Dangerous Dog License – 1 year $100 Dangerous Dog License – 1 year $250 Interim License $15 Off-Leash Dog Area Permit (non-resident) $55 Penalty for no license $40 Inspections After Hours Inspections $75 per hour (minimum 2 hrs.) Installation of permanent sign w/footing inspection Based on valuation using building permit table Re-Inspection Fee (after correction notice issued and has not been corrected within 2 subsequent inspections) $130 Insurance Requirements A minimum of: Circus $1,000,000 General Liability Commercial Entertainment $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability ISTS Permit Sewage treatment system install or repair $125 License Fees - Other Investigation Fee $300 per establishment requiring a business licen Late Fee 25% of license fee (minimum $50) License Reinstatement Fee $250 Transfer of License (new ownership) $75 Plan Review - 50% of amount due at time of application. Exception: Single Family Residential additions, accessory structures and remodels. Building Permits 65% of Permit Fee Repetitive Building 25% of Permit Fee for Duplicate Structure Electrical Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Sewer & Water Permits 35% of Permit Fee Single Family Interior Remodel Permits 35% of Permit Fee Rental Housing License Condominium/Townhouse/Cooperative $90 $95 per unit Duplex both sides non-owner occupied $175 $180 per duplex Housing Authority owned single family dwelling units $15 per unit Multiple Family Per Building $230 $240 City Council Meeting of October 16, 2017 (Item No. 6a) Page 10 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Per Unit $15 $16 Single Family Unit $125 $130 per dwelling unit Temporary Noise Permit $70 Temporary Use Permits Amusement Rides, Carnivals & Circuses $260 Commercial Film Production Application $100 Petting Zoos $60 Temporary Outdoor Retail Sales $110 Vehicle Decals Solid Waste $25 Tree Maintenance & Removal $10 OPERATIONS AND RECREATION DEPARTMENT Permit to Exceed Vehicle Weight Limitations (MSC) $50 each Winter Parking Permit Caregiver parking $25 No off-street parking available No Charge Off-street parking available $125 POLICE DEPARTMENT Animals Animal Impound Initial impoundment $35 $40 2nd offense w/in year $60 3rd offense w/in year $85 4th offense w/in year $110 Boarding Per Day $25 $30 Dangerous Dog Annual Review Hearing $250 Potentially Dangerous Dog Annual Review Hearing $100 $250 Criminal Background Investigation Volunteers & Employees $5 False Alarm (Police) Residential Commercial 1st offense $0 $0 2nd offense in same year $100 $100 3rd offense in same year $100 $125 4th offense in same year $100 $150 5th offense in same year $100 $175 Each subsequent in same year $100 $25 increase Late payment fee 10% Solicitor/Peddler Registration $150 Lost ID Replacement Fee $25 Vehicle Forfeiture Administrative fee in certain vehicle forfeiture cases $250 City Council Meeting of October 16, 2017 (Item No. 6a) Page 11 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance Section 3. This ordinance shall take effect January 1, 2018. Public Hearing October 16, 2017 Second Reading November 6, 2017 Date of Publication November 16, 2017 Date Ordinance takes effect January 1, 2018 Reviewed for Administration: Adopted by the City Council November 6, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of October 16, 2017 (Item No. 6a) Page 12 Title: Public Hearing to Consider First Reading of 2018 Fee Ordinance SUMMARY FOR PUBLICATION ORDINANCE NO. _____-17 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2018 This ordinance sets 2018 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2018. Adopted by the City Council November 6, 2017 Jake Spano /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: November 16, 2017 Meeting: City Council Meeting Date: October 16, 2017 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Assessment of Delinquent Charges RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to Adopt Resolution to assess delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges. POLICY CONSIDERATION: Does the City Council desire to collect outstanding fees and charges through the special assessment process? SUMMARY: The City certifies delinquent charges to Hennepin County as a means to collect on these accounts. The certification is done via the special assessment process, and becomes a lien on the individual properties that is due over the next year or several years, depending upon the type of charge. Information on the 2017 certification process is provided below. FINANCIAL OR BUDGET CONSIDERATION: Collection of these charges is vital to the financial stability of the City’s utility systems and to reimburse the City for expenses incurred in providing services. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Sample Certification Letter Resolution Levying Assessment Prepared by: Mark Ebensteiner, Finance Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 6b) Page 2 Title: Assessment of Delinquent Charges DISCUSSION BACKGROUND: Each of the customers involved in this special assessment process received a City service. Subsequently, the customers were then billed through our regular billing process. The invoice(s) is/are now past due, and the recommended method of collecting the past due amounts is through certification as a special assessment to the property for the next year or years taxes depending on the delinquency. In advance of the public hearing date, individual letters were mailed to property owners and tenants, if applicable, advising them of the assessment and their right to be heard before the City Council. Per Council policy, all delinquent utility accounts have been assessed a $15 administrative fee. This fee is not included in the 2017 amount below so as to provide consistent comparative data. The table below shows comparison data from 2011 - 2017 in relation to number of letters mailed and value of delinquent amounts. Year Number of Letters Delinquent Amounts Final Certification Amounts 2017 1894 $952,953 N/A 2016 1866 $964,642 $531,078 2015 1768 $900,558 $507,410 2014 1810 $929,886 $516,290 2013 1811 $872,661 $475,977 2012 1803 $816,357 $504,937 2011 1631 $834,605 $583,642 Each year there are a number of residents who pay their delinquent amount(s) before the certification deadline, thereby reducing the final amount certified and sent to Hennepin County. In addition, during the month of October, there are several hundred property owners who contact the City with questions about their outstanding balance(s) and the certification process. The delinquent balance was $769,440 as of the close of business on October 9, 2017. Staff will provide the delinquent amount balance as of the close of business on October 16, 2017 at the Council meeting. Customers have until October 27, 2017 at 4:30 p.m. to pay the delinquent amount. The amounts shown do not include interest, the $30 per account administrative fee, or the $75 penalty for utility accounts that are being certified for the second consecutive year. Of the 786 accounts certified last year, 415 received this additional penalty of $75 for being certified in consecutive years. A copy of the assessment roll is on file with the City Clerk’s office for review. NEXT STEPS: After conducting a public hearing, the City Council is asked to direct the assessment of delinquent water, sewer, storm water, refuse, abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges against the benefiting property. Staff will continue to collect payments related to the delinquent accounts and work with residents to resolve issues related to their delinquent accounts. All delinquent accounts outstanding as of October 27, 2017 at 4:30 p.m. will be certified to Hennepin County for collection as part of the owner’s property tax bill. Upon certification, the delinquent amounts will become a lien on the individual properties. At this time, the Finance Division has not received notice of anyone wanting to speak at the Public Hearing. City Council Meeting of October 16, 2017 (Item No. 6b) Page 3 Title: Assessment of Delinquent Charges Date of Notice: September 26, 2017 Mailing Address Line 1 Mailing Address Line 2 Mailing Address Line 3 Mailing Address Line 4 RE: Charges Owed: For Delinquent Utility Account: Service Address: (ADDRESS) Delinquent Amount: (AMOUNT) Account Number: XXXXXXXX - XXXXXXXXXX Property I.D. Number: XXXXXXXXXXXXX The City of St. Louis Park encourages its customers to remain current in the payment of their bills. When accounts become delinquent, according to Minnesota law, they may be certified to Hennepin County to be collected with property taxes payable in the next year. City of St. Louis Park records show this account was delinquent as of September 18, 2017. By receiving this letter, this account has been moved into certification, and has received an administrative fee of $15. In an effort to avoid the account from being certified to property taxes, the City is requesting that payment in full be received at City Hall by Friday, October 27, 2017 at 4:30 p.m. If payment in full is not received by that date and time, the outstanding delinquent amount plus an administrative fee of $30, and interest at a rate of 4.00% for 13 months will be sent to Hennepin County for collection with the property taxes in 2017 (total administrative fee is $45). If this account was certified in the prior year, a $75 administrative penalty fee will also be assessed to the account (total administrative fee is $120). The City Council will consider final action on all delinquent accounts at a public hearing during the regular Council meeting on Monday, October 16, 2017 at 7:30 p.m. in the Council Chambers. A written appeal may be presented to the Council at that time, or appeals may be made to Mark Ebensteiner – Finance Manager, 5005 Minnetonka Blvd., St. Louis Park, MN 55416. The City would like to avoid the certification process, as it adds additional costs to all parties. There are several options available when making a payment; in person via cash, check or credit card at City Hall. Payments may also be made by mailing a check to City Hall, paying with a credit card or checking account at www.invoicecloud.com/stlouisparkmn or over the phone by calling 952.924.2111 and select option 1. If you have questions regarding this notice please feel free to contact our office at 952.924.2111. Thank you for your prompt attention to this matter. Mark Ebensteiner Finance Manager City Council Meeting of October 16, 2017 (Item No. 6b) Page 4 Title: Assessment of Delinquent Charges RESOLUTION NO. 17-____ LEVYING ASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL/INJECTION, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City Council has heretofore determined by ordinance the rates and charges for water, sewer, storm water and refuse services of the city and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-2004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, Accounting has prepared an assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer, storm water and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 27, 2017; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and there is hereby levied and assessed against each and every tract of land described therein an assessment in the amounts respectively therein abating water, sewer, storm water, refuse, grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid at the close of business on October 27, 2017; and BE IT FURTHER RESOLVED that the Controller is hereby authorized to deliver said assessment roll to the Auditor of Hennepin County for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of four percent (4 %) per annum. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 16, 2017 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) RECOMMENDED ACTION: Motion to Adopt Resolution approving a Preliminary Plat and Adopt Resolution approving a Preliminary Planned Unit Development, subject to conditions. POLICY CONSIDERATION: Does city council support this proposed redevelopment of the subject properties. SUMMARY: Mr. William Stoddard, CEO of Stoddard Companies, proposes a redevelopment of the former Santorini’s property that would include a 149-unit apartment building and a 112-key limited service hotel. The apartment building would be located on the west side of the property, and the hotel on the east side with surface parking located between them. City C ouncil most recently discussed the proposal at a study session on September 25, 2017 where it was favorably received. The property is guided and zoned Office. The PUD application includes requests for reduced setbacks, and reduced parking for the hotel. The maximum residential density allowed for multiple family residential use in the Office district is 50 units per acre, or more with a PUD. The PUD would be 3.13 acres which allows up to 156 units. The requested 149-unit apartment building fits within this limit. The PUD would be split into two lots. The density of the residential lot alone would be 89 units per acre, however, the PUD would prohibit residential uses on the hotel lot. A neighborhood meeting was held June 14, 2017, which two neighbors attended and both expressed support. The planning commission reviewed the applications for preliminary plat and preliminary PUD on June 21, 2017. The commission opened the public hearing and continued it to a future date, and passed a motion to table the applications until additional information was provided. The commission reopened, then closed, the public hearing on October 4, 2017, at which time the commission recommended approval of the applications with conditions. Mr. Stoddard extended the 120-day period for action by city council to October 18, 2017, so action on the applications is needed by the city council on October 16, 2017. TIF District: On March 21, 2016, the EDA approved the establishment of the Wayzata Blvd Tax Increment Financing District in anticipation of development occurring at these properties. The proposed plan is consistent with the city’s expectations for this property: 5-6 story buildings with a mix of uses. Mr. Stoddard is in the process of finalizing the amount of the TIF request. The apartment building will be subject to the Inclusionary Housing Policy and both buildings will be subject to the Green Building Policy. Right-of-Way: The city acquired the right-of-way along Wayzata Boulevard adjacent to the site from the Minnesota Department of Transportation. The applicant intends to request vacation of the excess right-of-way and intends to acquire the land from the city in order to accommodate the proposed redevelopment. These requests would be considered concurrent with final plat and final PUD applications, if the preliminary applications are approved. SUPPORTING DOCUMENTS: Discussion, Resolutions, Draft PUD Ordinance, Excerpt of Planning Commission Meeting Minutes, Development Plans Prepared by: Jacquelyn Kramer, Associate Planner Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of October 16, 2017 (Item No. 8a) Page 2 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) DISCUSSION REQUEST: SLP Venture Properties requests a Preliminary Plat and a Preliminary Planned Unit Development (PUD) to allow construction of two buildings: a six-story 149-unit apartment building and a six-story 112-room hotel. The buildings would be located on two parcels in the northwest corner of I-394 and US 169, and adjacent public land along Wayzata Boulevard. The PUD would be a rezoning of the property under the city’s PUD ordinance. BACKGROUND: The site includes three parcels improved with two billboards. The previous use of the site was the Santorini restaurant, which closed and was demolished in 2013. SITE INFORMATION: Site Area: 3.19 acres Current Zoning: O - Office Proposed Zoning: PUD - Planned Unit Development Comprehensive Plan: OFC - Office Current Use: Billboards, vacant land Surrounding Land Uses: North: Parking garages, office towers East: 394-169 interchange and US-169 South: Wayzata Boulevard and I-394 West: Mixed use commercial and apartment building. Shelard Park is also located about 700 feet to the northwest. PRELIMINARY PLAT ANALYSIS: Description: The developer requests a preliminary plat to combine and subdivide previously unplatted parcels into two new lots. There are two parcels that are privately owned. In addition, the application proposes to acquire publicly-owned land adjacent to the site along Wayzata Boulevard. The city recently acquired the land from MNDOT. The land was released to the city in 2013 and conveyed by quitclaim deed to the city in August 2017. The applicant intends to acquire the land shown in the plat from the City of St. Louis Park. Lot 1, Block 1, Platia Place is the westerly lot and is proposed to be 71,608 square feet (1.64 acres) in area. The site is proposed to contain a multiple family residential building. Lot 2, Block 1 Platia Place is the easterly lot and is proposed to be 67,317 square feet (1.55 acres) in area. A hotel is proposed on this lot. The lots in the proposed plat meets all subdivision requirements for minimum lot size, shape, and dimension, as shown in the table below. Utility Easements: The proposed plat provides perimeter drainage and utility easements. The easements are 10 feet wide adjacent to public roads and five feet wide on both sides of all interior lot lines including the north lot line adjacent to the parking ramps. The plat includes additional easements over the proposed location of public utilities that would be relocated as part of the redevelopment. City Council Meeting of October 16, 2017 (Item No. 8a) Page 3 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) The application proposes relocating existing sanitary sewer forcemain and water mains around the southwest corner of the apartment building, and extending utility easements to accommodate these utilities. The proposed easements are sufficiently wide for the depths of the force and water mains. The applicant provided details for this relocation including new forcemain and water main profiles. Additional details for final design will be submitted with the final plat and final PUD applications. PUD ANALYSIS: Comprehensive Plan: The purpose of a PUD District is to benefit the city and its residents by providing a comprehensive procedure intended to allow greater flexibility in the development of land than would be possible under a conventional zoning district. The site is suitable for the proposed development and meets many of the objectives of the Comprehensive Plan. Building and Site Design Analysis: The PUD ordinance requires the city to find that the quality of building and site design proposed will substantially enhance aesthetics of the site and implement relevant goals and policies of the Comprehensive Plan. Staff finds the plan can meet all the site and building design requirements. Items that need further discussion are described below and included as conditions of approval, including building articulation, alternative landscaping, and DORA. ZONING ANALYSIS: The property is currently zoned Office, and as part of the PUD request, the applicant will be asking for reduced setbacks, an increase in the Floor Area Ratio on the apartment lot, and reduced parking for the hotel. The maximum residential density allowed for residential in the Office district is 50 units per acre, or more with a PUD. The PUD is 3.19 acres which allows up to 156 units. The requested 149 unit apartment building fits within this limit. The PUD will be split into two lots. The proposed density for just the residential parcel would be 89 units per acre, however, additional residential development will not be permitted on the hotel property. The following table provides the development metrics. The property will be rezoned to a Planned Unit Development (PUD). The proposed performance and development standards, as indicated in the development plans, establish the development requirements for this property if approved. City Council Meeting of October 16, 2017 (Item No. 8a) Page 4 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Zoning Compliance Table: Factor Required Proposed Met? Use Primarily employment centers; limited uses such as hotels, parking ramps, residential, day care, retail, and restaurants Multi-family residential & hotel Yes Lot Area 2 acres minimum for PUD 3.19 acres (138,956 sq. ft.) Yes Height Established by PUD Residential: 6 stories, 67 feet Hotel: 6 stories, 71 feet Yes Building Materials Minimum of 60% Class I materials Elevations consist of 60% - 78% of Class 1 materials visible from off-site. Yes Residential Density 50 units per acre; more with a PUD Lot 1: 89 units per acre Combined 47.9 units per acre Yes Floor Area Ratio 1.5; none with PUD Residential – 2.81 Hotel – 0.97 Yes Ground Floor Area Ratio N/A Residential - 0.6 Hotel – 0.16 Yes Off-Street Parking Residential – 203 spaces, including 20 visitor spaces Hotel – 168 (1.5 per room), fewer may be allowed with a PUD Residential – 208 (23 visitor) spaces Hotel – 114 spaces (1 per room) Yes Bicycle Parking Residential – 169 spaces Hotel – 11 spaces Residential – 157 spaces Hotel – 16 spaces No Open Area/DORA Residential – 8,769 sq. ft.(12% of lot area) Hotel – 7,577 sq. ft. (12% lot area) Applicant proposes 44% of residential lot area and 17% of hotel lot area. Staff estimates 40% of residential lot and 7% of the hotel lot area qualifies for DORA. TBD* Landscaping See Landscaping section Yes Setbacks – Lot 1 Residential property Established by PUD North: 15 feet South: 23 feet East: 40 feet West: 17.9 feet Yes Setbacks – Lot 2 Hotel property Established by PUD North: 45 feet South: 10 feet East: 16 – 172 feet West: 131 feet Yes Mechanical Equipment Full screening required All roof top equipment will be screened. Yes Sidewalks Required along all streets and building frontages Provided along all streets and building frontages Yes Refuse handling Full screening required Full screening proposed. Yes Stormwater Management Required Managed on site. Yes *TBD – To Be Determined City Council Meeting of October 16, 2017 (Item No. 8a) Page 5 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Architectural Design: The applicant proposes two buildings of wood frame construction over one story of concrete with facades of mixed materials including brick, metal panel, and fiber cement siding and glass. The building facades are required to contain at least 60% Class-1 materials. The information provided indicates the building will meet the city requirements for preliminary approval. Details and material samples will be submitted for review and approval for the final PUD. Building wall deviations are required by the zoning ordinance where the building wall length to wall height ratio meets or exceeds 2:1. The north elevation of the apartment building exceeds this ratio. The applicant has added privacy screen walls between adjacent balcony units to increase privacy between units. This elevation faces existing tree canopies and parking structures, and is not visible from Wayzata Boulevard. Because of these factors, the privacy walls meets the building deviation requirement for the north elevation only. Vehicular Parking: On-street parking is not allowed on Wayzata Boulevard. Residential: One off-street parking space is required for every bedroom in the apartment building. Of these spaces, 10% shall be permitted for visitor parking. The applicant proposes 203 bedrooms in the apartment building, therefore, 203 parking spaces are required and 20 of these should be available for visitor parking. The application shows 206 parking spaces for the residential building, of which 23 are designated visitor parking. Commercial: One and a half off-street parking spaces are required for every hotel room. However, a parking study was conducted in conjunction with the Courtyard by Marriott hotel currently under construction on Shelard Parkway and Wayzata Boulevard. The study indicated that required parking for limited service hotels, hotels that do not include restaurants or significant meeting rooms, could be reduced to one space per room. Based on this study and the proposed 112-room limited service hotel, staff supports reducing the requirement to the 114 off-street parking spaces shown in the application for the hotel. Bicycle Parking: Residential: City ordinance requires one bicycle parking space for each residential unit, and additional bicycle parking spaces equal to 10% of the required off-street vehicular parking spaces. The apartment building therefore requires 169 bicycle parking spaces. The application proposes 157 spaces provided in private racks in the parking structure as well as bike racks both inside the building and on the exterior. Proof of parking must be shown for the remaining 12 bicycle parking spaces in the final plat and final PUD application. Hotel: Non-residential development is required to provide on-site bicycle parking equal to 10% of the required off-street vehicular parking. The hotel therefore requires 11 bicycle parking spaces. The application proposes 16 bicycle parking spaces which is sufficient to meet minimum parking requirements. Landscaping: The landscape plantings were calculated separately for the residential and hotel lots. City Council Meeting of October 16, 2017 (Item No. 8a) Page 6 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Residential Lot: The plan proposes 84 trees and 931 shrubs on the residential lot. Based on the number of residential units, the city’s zoning ordinance calls for 149 trees and 1,234 shrubs. There is a shortfall of 65 trees and 303 shrubs. Hotel Lot: The plan shows 69 trees and 633 shrubs on the hotel lot; the hotel lot is required to contain 61 trees and 369 shrubs. Alternative Landscaping Options: The landscaping ordinance provides some flexibility to meet landscaping requirements through alternatives to tree and shrub plantings. These alternatives are features that are not necessarily plantings, but also contribute the design of the site. These may include native landscapes, green roofs, rooftop gardens, public art, and other constructed features. If the applicant cannot meet the minimum tree and shrub planting requirements, these alternatives may be employed to meet the landscaping requirements. The planting plan includes native landscaping, including 596 perennial plantings on the residential lot, which qualifies under the alternative landscaping provision. Other features include planting trays and green roof features on private balconies and the upper amenity patio. There are opportunities to provide additional amenities at the hotel outdoor patio, and the residential pool deck. Designed Outdoor Recreation Area (DORA): The developer indicates 44% DORA on the residential lot, and 17% DORA on the hotel lot. The plan includes setback areas and parking lot islands as DORA on the hotel lot. These areas, however, do not meet the criteria for recreation areas, and therefore, should not be included. The plan provides 26% of DORA on the combined PUD; however, several of the amenity areas will not be available to hotel guests and employees. Staff recommends enhancements to the hotel DORA areas, and exploration of rooftop DORA space on the hotel. The residential DORA includes a dog run north of the residential building, landscaped outdoor space south of the residential building, and a pool and amenity deck on the second story of the residential building. Utilities: The water, sanitary sewer, and stormwater mains in the area have the capacity to accommodate the proposed development. The plan proposes to relocate existing water mains and existing sanitary sewer forcemain around the proposed southwest corner of the proposed apartment building. Further construction design details must be submitted with the final plat and final PUD applications as a condition of approval. The existing soil conditions on this site are poor and will require soil correction. The proposed soil conditions will have a bearing on the system design. Additional details on the soil corrections must be submitted with the final plat and final PUD applications. PUBLIC INPUT: A neighborhood meeting was held June 14, 2017 on the proposed project. Two residents attended and expressed support for the project and development on the site, and no objections from residents were expressed. City Council Meeting of October 16, 2017 (Item No. 8a) Page 7 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Planning commission opened the public hearing on June 21, 2017. At this time two residents spoke in favor of the proposed development. Planning Commission reopened the public hearing on October 4, 2017, at which time one resident returned to reiterate support for the project. The Planning Commission formally recommended approval on a 5-0-1 vote. PLANNING COMMISSION AND STAFF RECOMMENDATIONS: • The Planning Commission and staff recommend approval of the Preliminary Plat based on the findings in the report, with conditions listed in the draft resolution. • The Planning Commission and staff recommend approval of the Preliminary PUD, based on the findings in the report, with conditions listed in the draft resolution. NEXT STEPS: If approved, the applicant can apply for final plat, final PUD, and vacation of right-of-way, and staff will further evaluate the TIF request and land sale for the development. All the above actions will require review and approval of the city council and/or the economic development authority. City Council Meeting of October 16, 2017 (Item No. 8a) Page 8 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) RESOLUTION NO. 17-____ RESOLUTION APPROVING PRELIMINARY PLAT OF PLATIA PLACE 9808 and 9920 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. SLP Venture Properties, subdivider of the land proposed to be platted as Platia Place has submitted an application for approval of preliminary plat 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 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: Parcel 1: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at a point on the most Southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning Parcel 2: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at point on the most Southerly line of Lot 1, Block 7 Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7; thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4, a distance of 119.74 feet; thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West City Council Meeting of October 16, 2017 (Item No. 8a) Page 9 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. Parcel B: That part of the following described tract of land lying easterly of the easterly right-of-way line of Monterey Avenue, as shown on MONTEREY ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota: Commencing 699.05 feet North of Southwest corner of Northwest Quarter of the Southeast Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota thence South 71 degrees 30 minutes East to the West line of Peabody Addition to St. Louis Park; thence South 105.4 feet; thence North 71 degrees 30 minutes West to West line of Southeast Quarter; thence North to beginning, except Monterey Avenue, in the Village of St Louis Park. The “Premises”. Park and Trail Dedication: Park dedication fees due for the proposed Platia Place subdivision are $289,295. Trail dedication fees are $33,525. These figures are based on $1,500 park dedication fee and $225 trail dedication fee per dwelling unit for the multiple family residential lot, and five percent of the commercial assessed land value of the hotel lot. The city will collect these fees prior to signing the final plat. The Park and Recreation Advisory Commission (PRAC) recommended that city council approve of cash-in-lieu of park land dedication on June 7, 2016. Conclusion The proposed preliminary plat of Platia Place 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 and subject to the following conditions: 1. Prior to City approval of the final PUD, the applicant must provide further revisions and details to the utility, drainage, grading, stormwater and soil correction plans (additional construction details are provided in the memo “Engineering Comments” dated September 19, 2017. 2. The site shall be developed, used and maintained in accordance with the City Council resolution, Official Exhibits, Development Agreement and City Code. 3. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary façade materials. 4. The developer shall pay to the city the park dedication fee of $289,295 and trail dedication fee of $33,525 to the City of St. Louis Park. 5. A financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the City to insure that a signed Mylar copy of the final plat is provided to the City. 6. A development agreement, upon approval of a final plat, shall be executed between the City and Developer that addresses, at a minimum: a. The installation of all public improvements including, but not limited to: public utilities, sidewalks, boulevards, and the execution of necessary easements related to such improvements. City Council Meeting of October 16, 2017 (Item No. 8a) Page 10 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) b. A performance guarantee for 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, and public and site landscaping. c. The applicant shall reimburse City Attorney’s fees in drafting/reviewing such documents. d. Prior to starting any land disturbing activities, excluding demolition of private structures, the following conditions shall be met: i. City approval of the final plat. ii. Proof of recording the final plat shall be submitted to the City. iii. Assent Form and Official Exhibits shall be signed by the applicant and property owner. iv. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. v. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. vi. All necessary permits shall be obtained. vii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (street, sidewalks, boulevards, utility, street lights, landscaping, etc.) and the private site stormwater management system and landscaping. 7. Prior to issuance of any building permits (excluding demolition), the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the City. b. Assent Form and Official Exhibits must be signed by the applicant and property owner(s). c. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. All necessary permits must be obtained. f. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, utilities, street lights, road repair, landscaping, irrigation, etc.) and private site landscaping. g. The developer and contractor shall follow the procedures and requirements for this development as required for Demolition and New Construction of single-family homes are required to do under City Code 6-71 Construction Management Plan. 8. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City Council Meeting of October 16, 2017 (Item No. 8a) Page 11 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) RESOLUTION NO. 17-____ RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 9808 AND 9920 WAYZATA BOULEVARD PLATIA PLACE WHEREAS, SLP Venture Properties submitted an application (Case No. 17-20-PUD) for approval of a Preliminary Planned Unit Development (PUD) located at 9808 and 9920 Wayzata Boulevard, which is legally described in “Exhibit A”; and WHEREAS, the Comprehensive Plan guides the site for Office development; and WHEREAS, the subject property is located within the O Office zoning district; and WHEREAS, the proposed development includes a 112-room hotel and a 149-unit multiple family dwelling and is consistent with the designations, and the proposed housing density, setbacks, floor area ratio, and parking counts may be allowed with a PUD; and WHEREAS, notices of the public hearings on the Preliminary PUD was mailed to all owners of property within 500 feet of the subject property; and WHEREAS, notices of public hearings on the Preliminary PUD were published in the St. Louis Park Sailor on June 8, 2017 and September 21, 2017; and WHEREAS, the Planning Commission held the public hearings at their meetings on June 21, 2017, and October 4, 2017; and WHEREAS, the applicant made revisions to the plan to address concerns raised by the Planning Commission on June 21, 2017; and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD; and WHEREAS, the City Council discussed the proposal at its September 26, 2017, study session; and WHEREAS, The City Council has considered the staff reports, the advice and recommendation of the Planning Commission, and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis Park makes the following findings of fact: City Council Meeting of October 16, 2017 (Item No. 8a) Page 12 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) 1. The preliminary PUD will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values. 2. The preliminary PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 3. The proposed development meets the intent of the PUD Ordinance in the following ways: a. Encourages an increase in the supply of low-income and moderate-income housing and comply with the city’s Inclusionary Housing Policy b. The proposed hotel and multiple family residential uses, building heights, and high floor area ratios, are appropriate in this office employment center area, and will be compatible with existing land uses on nearby parcels. This site is adjacent to the Shelard Park office development and a parcel that includes multiple-family residential. c. This development will contribute to the city’s goals for sustainable development and providing mixed-income housing choices for the community by following the city’s Green Building and Inclusionary Housing Policies. d. The quality of building and site design proposed will substantially enhance aesthetics of the site. The proposed plan creates a unified environment within project boundaries, the proposed buildings are architecturally compatible with surrounding structures, provides efficient vehicular and pedestrian circulation, and includes aesthetically pleasing landscape, site features and design, and will make efficient use of existing infrastructure. 4. The contents of Planning Case File 17-20-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion NOW THEREFORE BE IT FURTHER RESOLVED BY the City Council of the City of St. Louis Park that the Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. Prior to City approval of the final PUD, the applicant must meet the following conditions: a. Provide further revisions and details to the utility, drainage, grading and stormwater plans. b. Confirm that all mechanical equipment shall be screened per the zoning ordinance. c. Submit plan for Alternative Landscaping to meet the shortfall in the required landscaping. d. Provide a revised DORA plan that meets all requirements per the zoning code. e. Provide details explaining how the development will address soil correction issues. f. Provide details for collecting garbage, recycling and organics code requirements. g. Provide proof of parking for the remaining 12 bicycle parking spaces on the residential lot. City Council Meeting of October 16, 2017 (Item No. 8a) Page 13 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) h. Amend the trash rooms design to provide three chutes to accommodate garbage, organic recycling and non-organic recycling. 2. The site shall be developed, used and maintained in accordance with the PUD ordinance, Official Exhibits, Development Agreement and City Code. 3. Prior to starting any land disturbing activities (excluding demolition and environmental investigation), the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the City. b. City approval of the final PUD ordinance is required. c. Assent Form and Official Exhibits shall be signed by the applicant and property owner. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. All necessary permits must be obtained. 4. Prior to issuance of any building permits (excluding demolition of existing private structures), the following conditions shall be met: a. The developer shall sign the city's Assent Form and the Official Exhibits. b. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. c. A development agreement shall be executed between the Developer and City that addresses, at a minimum: i. The conditions of the final PUD approval as applicable or appropriate. ii. Installation and on-going maintenance at Developer’s expense of sidewalk and landscaping improvements along all public streets adjacent to the site. Final plans for said improvements shall be submitted to the City Engineer for review and approval prior to construction. iii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the costs of all public improvements (including but not limited to street, sidewalks, utilities, street lights, landscaping, etc.), placement of iron monuments at the property corners, and public and site landscaping. iv. The developer shall reimburse city attorney’s fees in drafting/reviewing such documents as required in the final PUD approval. v. Final construction plans for all public improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. vi. Building material samples and colors shall be submitted to the city for review. 5. The developer shall comply with the following conditions during construction: a. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on Sundays and holidays.. Limited exceptions to these construction hours may be permitted if the City issues a noise permit. b. The site shall be kept free of dust and debris that could blow onto neighborhood properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The city shall be contacted a minimum of 72 hours prior to any work in a public street. City Council Meeting of October 16, 2017 (Item No. 8a) Page 14 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) e. Work in a public street shall take place only upon the determination by the Director of Engineering (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. g. Temporary utility connections shall not adversely impact surrounding neighborhood service. 6. Prior to the issuance of any permanent certificate of occupancy permit, public improvements and private site landscaping and irrigation shall be installed in accordance with the Official Exhibits. 7. All utilities shall be buried underground. 8. All mechanical equipment shall be fully screened. 9. The materials used in and placement of all signs shall be integrated with the building design and architecture. The apartment building lot shall comply with sign regulations applied to the RC – High-Density Multiple-Family Residence district, and the hotel lot shall comply with the sign regulations applied to the O – Office zoning district standards. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final PUD. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement upon Final PUD approval. Reviewed for Administration: Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City Council Meeting of October 16, 2017 (Item No. 8a) Page 15 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) EXHIBIT A: LEGAL DESCRIPTION Parcel 1: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at a point on the most Southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning Parcel 2: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at point on the most Southerly line of Lot 1, Block 7 Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7; thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4, a distance of 119.74 feet; thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. Parcel B: That part of the following described tract of land lying easterly of the easterly right-of-way line of Monterey Avenue, as shown on MONTEREY ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota: Commencing 699.05 feet North of Southwest corner of Northwest Quarter of the Southeast Quarter of Section 31, Township 29, Range 24, Hennepin County, Minnesota thence South 71 degrees 30 minutes East to the West line of Peabody Addition to St. Louis Park; thence South 105.4 feet; thence North 71 degrees 30 minutes West to West line of Southeast Quarter; thence North to beginning, except Monterey Avenue, in the Village of St Louis Park. The “Premises”. Hennepin County, Minnesota City Council Meeting of October 16, 2017 (Item No. 8a) Page 16 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) DRAFT ORDINANCE NO. ____-17 ORDINANCE AMENDING THE ST. LOUIS PARK CITY CODE RELATING TO ZONING BY CREATING SECTION 36-268-PUD _#_ AS A PLANNED UNIT DEVELOPMENT ZONING DISTRICT FOR THE PROPERTY LOCATED AT 9808 AND 9920 WAYZATA BOULEVARD THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council considered the advice and recommendation of the Planning Commission (Case No. 17-19-S, 17-20-PUD) for amending the Zoning Ordinance to create a new Planned Unit Development (PUD) Zoning District. Sec. 2. The Comprehensive Plan designates this property as Office. Sec. 3. The Zoning Map shall be amended by reclassifying the following described lands from O Office to PUD _#_: Lot 1 and Lot 2, Block 1, Platia Place, Hennepin County, Minnesota Sec. 4. The St. Louis Park Ordinance Code, Section 36-268 is hereby amended to add the following Planned Unit Development Zoning District: Section 36-268-PUD _#_. (a) Development Plan The site shall be developed, used and maintained in conformance with the following Final PUD signed Official Exhibits: 1. Title Sheet 2. Existing Conditions 3. Preliminary Site Plan 4. Preliminary Erosion Control and SWPPP Plan 5. Preliminary Erosion Control and SWPPP Plan Details 6. Preliminary Utility, Drainage, Grading and Stormwater Plan 7. Utility Details 8. Preliminary Copy of Final Plat 9. Preliminary Plat Lot 1 10. Preliminary Plat Lot 2 11. Tree Inventory 12. Boundary Information 13. Details 14. Engineering Comments 15. Exterior Materials Table 16. A0.2 Reference Views 17. A0.3 Hotel Plans and Elevations City Council Meeting of October 16, 2017 (Item No. 8a) Page 17 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) 18. A0.5 Multi-Family Housing - Elevations 19. A0.6 Multi-Family Housing - Plans 20. A0.7 Multi-Family Housing - Plans 21. Site Details 22. Landscape Plan 23. DORA Plan 24. Plant Key 25. Parking Lot Lighting 26. Site Lighting Calculations The site shall also conform to the following requirements: 1) The property shall be developed with 149 residential units and 61,411 square feet of hotel space. 2) At least 322 off-street parking spaces shall be provided. 3) The maximum building height shall not exceed 71 feet and six stories. 4) The development site shall include a minimum of 12% percent designed outdoor recreation area based on private developable land area. (b) Permitted Uses Lot 1: (1) Multiple-family dwellings. Uses associated with the multiple-family dwellings, including, but not limited to the residential office, fitness facility, mail room, assembly rooms or general amenity space are limited to a maximum of 40% of the building first floor. Lot 2: (2) Commercial uses. Commercial uses are limited to the following: a. Hotel (c) Prohibited Uses (1) Extended-stay hotels (2) Restaurants (d) Accessory Uses Accessory uses are as follows: (1) Home occupations are permitted on Lot 1 with the condition that they comply with all of the conditions for home occupations located in the R-C district. (2) Gardens. (3) Parking lots. a. All parking requirements must be met for each use. City Council Meeting of October 16, 2017 (Item No. 8a) Page 18 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) b. A minimum of 17 parking spaces shall be designated and signed visitor parking on the residential lot. (4) Public transit stops/shelters. (5) Outdoor seating, public address (PA) systems are prohibited. (6) Outdoor uses and outdoor storage are prohibited. (d) Special Performance Standards (1) All general zoning requirements not specifically addressed in this ordinance shall be met, including but not limited to: outdoor lighting, architectural design, landscaping, parking and screening requirements. (2) All trash, garbage, waste materials, trash containers, and recycling containers shall be kept in the manner required by this Code. All trash handling and loading areas shall be screened from view within a waste enclosure. Trash enclosures shall be constructed from the same materials as the principal building. (3) Signage shall be allowed in conformance with the requirements found in the following districts: a. The apartment building signage shall be consistent with the R-C High-Density Multiple-Family Residential zoning district. b. The hotel building signage shall be consistent with the O Office zoning district. c. Exemptions located in the zoning ordinance for wall signage shall not apply. Sec. 4. The contents of Planning Case File 17-19-S, 17-20-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 5. This Ordinance shall take effect fifteen days after its publication. Public Hearings June 21, 2017 & October 4, 2017 First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by the City Council ____________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of October 16, 2017 (Item No. 8a) Page 19 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JUNE 21, 2017 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Torrey Kanne, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich MEMBERS ABSENT: Lynne Carper, Ethan Rickert (youth member) STAFF PRESENT: Jacquelyn Kramer, Gary Morrison, Sean Walther 1. Call to Order – Roll Call 2. Approval of Minutes of May 3, 2017 Commissioner Robertson made a motion to approve the minutes of May 3, 2017. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-0-1 (Tatalovich abstained). 3. Public Hearings A. Platia Place – Preliminary Plat; Preliminary PUD Location: 9808 and 9920 Wayzata Blvd. Applicant: SLP Venture Properties Case Nos: 17-19-S and 17-20-PUD Jacquelyn Kramer, Associate Planner, presented the staff report. Ms. Kramer stated the application is being requested to allow construction of two buildings including a six-story 150 unit apartment building and a six-story 111 room limited services hotel. She presented drawings for the project. She spoke about the mix of façade materials. She said right now it appears that the materials meet the requirements but staff has asked for more information to make sure materials are classified correctly. Ms. Kramer discussed mix of units and parking. Ms. Kramer presented the hotel drawings. Ms. Kramer spoke about the landscape plan and requirements. She said the applicant is short about 100 trees and short several 100 shrubs for the apartment site. She said the applicant is short on shrubs on the hotel side. There are alternative landscaping requirements that the applicant can use to enhance the site design. Ms. Kramer discussed the tree inventory plan. She said it appears the proposal meets tree replacement requirements but more details are required to determine the application’s compliance. Ms. Kramer discussed Designed Outdoor Recreation Area (DORA). More detail is being requested of the applicant. City Council Meeting of October 16, 2017 (Item No. 8a) Page 20 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Ms. Kramer spoke about the utility easements. She said more details are being requested of the applicant regarding stormwater management system design and calculations. She said a conflict exists with the building location and existing water main and existing sanitary sewer force main that will need to be resolved. Ms. Kramer reviewed zoning compliance for the project. Ms. Kramer recapped that staff finds that more information needs to be provided in order to fully evaluate the application, including the utilities, parking plan, stormwater details, bicycle parking, landscaping, tree inventory, façade materials mix, labeling of site dimensions, DORA, garbage collection and recycling. Commissioner Robertson asked for clarification of allowed residential units and the PUD. Sean Walther, Planning and Zoning Supervisor, explained that staff has been advised by the city attorney that density can be spread out over the entire PUD on a PUD with multiple lots. He said staff experience with mortgage companies, however, is that during refinancing there are often questions about whether or not it is meeting the city density requirement. Staff decided to call out Lot 1 density so it is very clear to a mortgage company that the city did intend for that density to be allowed. Further, the city can allow an increase density over 50 units per acre with a PUD. Commissioner Kanne asked if the city has suggested a timeframe for the applicant to address the outstanding issues. Mr. Walther responded a specific date hasn’t been set. He spoke about the statutory time limit for the city to act upon an application, which can be extended or waived. He added that the issues staff has identified can be resolved in a short amount of time. Commissioner Person asked for the definition of a limited service hotel. Ms. Kramer responded that limited service hotel means there isn’t a restaurant on site, only breakfast is provided, and it is not an extended stay hotel. Commissioner Johnston-Madison stated she doesn’t have questions until the plan is complete. Mr. Walther stated it was hoped that the Commission share any specific direction or issues with staff and the applicant at this time. Commissioner Johnston-Madison said the planting shortage is of concern to her. She spoke about the site being an entrance to the city and she’d like to see the plan adjusted to include more plantings. Applicant Bill Stoddard, SLP Park Venture Properties, said he welcomed feedback on the project. He spoke about the market research done for rental units. He said he agrees that more trees and shrubs would be appropriate for a gateway property. He said he will be meeting with city staff very soon to resolve outstanding issues. City Council Meeting of October 16, 2017 (Item No. 8a) Page 21 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Commissioner Robertson stated for a gateway and prominent spot he finds the two buildings pretty uninspiring and formulaic architecturally. He said he would hope to see something more unique and substantial on this spot, which he understands is more expensive. He said it falls short. Mr. Stoddard says they will keep that in mind as they balance all factors. Commissioner Tatalovich asked how the applicant approaches the utilities. Mr. Stoddard responded they’ve been in discussion with the Engineering Dept. about that. He said with most utilities developers are always installing new and frequently relocating utilities. He said this situation is a little different because of the forcemain. Right now he is inclined to leave the footprint of the building as is. Further discussions will be held later this week. Chair Peilen opened the public hearing. Jerry Kern, 1155 Ford Rd., #316, said the lot which is next to his condo building has been vacant for eight years. He spoke about the difficulty of living next to what has become a dump site. He said he is extremely happy about the proposal. He said he doesn’t see anything that should prevent the project from moving forward. He stated he is in full support of having two beautiful buildings, walkways, trees and landscaping on the site. Mr. Kern said he is present to support the project 100%. Jalini Dhalgara, 1155 Ford Rd., #209, said she agrees with Mr. Kern’s points but she is concerned because there are already three hotels in the area and many other apartment buildings. She said her building, the Westmarke building, is struggling to sell units because it is not occupied by as many tenants as it should be for regular mortgage approval. She is wondering what value would be added or removed with an additional hotel and apartment building next to Westmarke. She asked if there is anything else that can be added to increase the value of the Westmarke building so it can be sold or so more of the units can be sold or they can have something for more rental income. Chair Peilen continued the public hearing. Chair Peilen commented that it is a good thing to develop the vacant parcel. She said she is concerned about the discrepancy between what the city requires for trees and landscaping and what was proposed. She said there were other significant gap areas in the application as well. Commissioner Johnston-Madison said she agreed with the Chair and with Commissioner Robertson. She said she agreed with the city’s expectations of what needs to be worked out and completed on the plans. Commissioner Robertson said the Commission is glad to see development on the important site. He said he doesn’t see any major obstacles to the development but details need to be worked out. He said the big picture for the development is good. Commissioner Person noted he has been amazed over the years at the level of interest in building hotels along 394 and the demand for apartments. City Council Meeting of October 16, 2017 (Item No. 8a) Page 22 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Commissioner Tatalovich said he is in favor of the staff recommendation regarding issues to be worked out. Commissioner Robertson made a motion to table the application for preliminary plat and preliminary PUD and request additional information as outlined by staff and the Commission. Commissioner Person seconded the motion, and the motion passed on a vote of 6-0. Mr. Walther said upcoming meeting dates and any new plans for the project will be posted on the city website. 4. Other Business: None 5. Communications Mr. Walther said the July 5 meeting is cancelled. The next scheduled meeting is July 19. 6. Adjournment The meeting was adjourned at 6:50 p.m. Respectfully submitted, Nancy Sells Recording Secretary City Council Meeting of October 16, 2017 (Item No. 8a) Page 23 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) EXCERPTS - UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA OCTOBER 4, 2017 – 6:00 p.m. COMMUNITY ROOM MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Torrey Kanne, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich, MEMBERS ABSENT: Ethan Rickert (youth member) STAFF PRESENT: Sean Walther, Jacquelyn Kramer, Jennifer Monson 3. Public Hearings A.Platia Place – Preliminary Plat; Preliminary PUD Location: 9808 and 9920 Wayzata Boulevard Applicant: SLP Venture Properties Case No.: 17-19-S and 17-20-PUD Jacquelyn Kramer, Associate Planner, presented the staff report. She stated the application was previously presented on June 21, 2017, at which time the Commission moved to table the application pending additional information needed from the applicant. Ms. Kramer explained that previously the application was short on parking but now both lots meet the city’s minimum parking requirements. Ms. Kramer reviewed building materials. For approval of the Final PUD staff suggests requiring submittal of material samples for review. Ms. Kramer noted that at the June 21st presentation the application had planting shortfalls. These have improved significantly since last time but there are still some shortfalls on the apartment site. She said there is a shortfall of 65 trees and 303 shrubs. There are also alternative landscaping features including 396 perennial plantings on the south side of the residential lot. She said that alternative landscaping requirements are features that are not necessarily plantings but also contribute to the design of the site. Other features that could be used here include green roofs, roof top gardens and public art. Ms. Kramer said staff found a shortfall in DORA on the hotel site. Staff suggests a revised DORA plan showing at least 12% DORA on the hotel lot as a condition of approval. Ms. Kramer reviewed zoning compliance factors. Ms. Kramer reviewed all conditions to be met before approval of the Final Plat and Final PUD by the City Council. City Council Meeting of October 16, 2017 (Item No. 8a) Page 24 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Chair Peilen said at the first presentation there was a shortfall of landscaping materials. She asked now that it has come up again is there something about the lot that makes it more difficult to meet requirements. Ms. Kramer said the green spaces available on site are fully landscaped and the building footprint takes up a large part of the site. Commissioner Johnston-Madison said she isn’t pleased with the privacy screening wall between adjacent buildings being considered as an articulation element. She said she hasn’t seen this in any other projects. Sean Walther, Planning and Zoning Supervisor, said he wasn’t aware of any time that particular method has been used. He explained that the requirement is related to building elevations that are visible from off-site. There is limited public visibility to this particular elevation because of trees along that side as well as the adjacent parking ramp. For that reason staff was willing to put that forward to the Commission for comment. Commissioner Johnston-Madison said we’re still looking at the same engineering comments that need to be met. She asked if that is normal to still be looking at the same items. She said she’s also concerned about the look of the building even though it’s a view not necessarily seen by the public. Commissioner Carper asked if the buildings will include electric car charging ports. Ms. Kramer said she wasn’t aware of any charge stations on the site. Commissioner Kanne asked if is there a reason why exterior materials need some discussion and why they need further review or approval by staff. Ms. Kramer stated that the applicant has provided an extensive table showing breakdown of materials on each façade with a label. The request for samples is just to confirm, for example, the stucco and other elements are correct. She said the city has received samples for other projects and this is something we’ve done in the past. Bill Stoddard, applicant, said regarding exterior façade, they tried to differentiate in a number of ways including green planting on facades, green roof tray planting systems, masonry to the pool deck, addition of stucco and removal of some siding. He said electric charge stations are a good idea. Mr. Stoddard said they’ve put a lot of plantings on the site and they request some consideration for plantings at the apartment site. The north side façade faces a parking ramp. He stated they are building an expensive building with a lot of good materials. If they differentiate more that affects the size of the building and unit counts. He said they’d like some consideration on the plantings and DORA for the hotel. Commissioner Robertson had questions about accessible parking spaces on the opposite side of drive aisles. Mr. Stoddard said they would look at changing those. City Council Meeting of October 16, 2017 (Item No. 8a) Page 25 Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site) Commissioner Carper recommended putting in channels for electric charging stations to accommodate future need. Commissioner Robertson said it’s a nice project and looks very good. Chair Peilen re-opened the public hearing. Jerry Kern, 1155 Ford Road, #316, said he also spoke at the June 21, 2017 meeting. His building is right next to the development. He spoke about his support for the development. The vacant lot looks terrible and has become a dumping site. He said the developer is willing to put two beautiful buildings and landscaping on the property. He asked the Commission for their approval. He said he is tired of the delay and hopes the Commission will work with the developer to move forward. He commented that the remaining concerns are very small and he has confidence the developer will meet those concerns. As no one else was present wishing to speak, the Chair closed the public hearing. Commissioner Kanne said she likes the project and it makes a lot of sense. She said the details in these projects are important and we need to make sure we get those details right. She said there needs to be more discussion on the planting situation. She stated that St. Louis Park has always had a standard of mature trees, lots of shrubs, and a beautiful environment for a first ring suburb and we need to stay on that path. Chair Peilen said the project looks good but she wishes the list of things that need to be done wasn’t quite so long. She said she would support the project provided the conditions are met. Commissioner Johnston-Madison said she knows the property has long been in need of development and she is glad someone has come forward to do that. She said she appreciates that it is a difficult lot. She added that she has never been totally comfortable with the application and she will have to abstain from voting. Commissioner Person and Mr. Walther spoke about the city’s green building policy. Mr. Walther discussed the climate action plan of the city. Commissioner Robertson made a motion recommending approval of the Preliminary Plat and Preliminary PUD with conditions as recommended by staff. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0-1 (Johnston-Madison abstained). City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 26 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 27 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 28 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 29 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 30 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 31 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 32 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 33 City Council Meeting of October 16, 2017 (Item No. 8a) Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (former Santorini’s site)Page 34