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Home My WebLink About2004/01/05 - ADMIN - Agenda Packets - City Council - Regular REVISED AGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 5, 2004 7:30 p.m. 6:15 p.m. – Planning Commission Interviews – Westwood Rm. 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Swearing of Councilmembers John Basill, Phillip Finkelstein, Paul Omodt and Mayor Jeff Jacobs 3. Approval of Minutes a. City Council Minutes of December 15, 2003 Document b. City Council Special Meeting Minutes of December 22, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 5a. Police Advisory Commission Appointments Document Appoint members to fill newly created commission seats on the Police Advisory Commission. Recommended Action: Motion to appoint Michael Baum, Joan Cichosz, Maureen Gormley, Jim Lanenberg, Sharon Berry, Anthony Del Percio, C. Marie Campion, and Carl Ohliger to the Police Advisory Commission. 6. Public Hearings 6a. Public Hearing to consider granting an on-sale intoxicating and Sunday sale liquor license to ABG Restaurant Corporation DBA Europa, 600 South Hwy 169, St. Louis Park MN Document Recommended Action: Mayor to close the public hearing. Motion to approve an on-sale intoxicating and Sunday sale liquor license effective January 15, 2004, contingent upon issuance of Certificate of Occupancy. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Election of Mayor Pro-tem Document State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JANUARY 5, 2004 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to accept for filing the Human Rights Commission Minutes of September 17, 2003 Document 4b Motion to accept for filing the Human Rights Commission Minutes of November 19, 2003 Document 4c Motion to accept for filing the Housing Authority Minutes of November 12, 2003 Document 4d Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2004 Document 4e Motion to approve resolution accepting final payment to Gartner Refrigeration for completion of work on the Rec Center’s west arena per contract 56-03 Document 4f Motion to adopt resolution declaring 2004 City Council meeting dates Document 4g Motion to approve second reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property, adopt ordinance, approve summary, and authorize publication Document 4h Motion to approve the Bilateral Compliance Agreement with the Minnesota Department of Health and authorize the City Manager to execute the agreement for the City Document 4i Motion to accept Fire Civil Service Commission Minutes of February 3, 2003 Document 4j Motion to approve execution of a lease with Benilde-St. Margaret’s School for a locker facility located under the west side bleachers of the west arena in the St. Louis Park Rec Center Document 4k Motion to accept Vendor Claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING January 5, 2004 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 1 of 6 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 15, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer Paul Omodt, Sue Santa, and Mayor Jeff Jacobs. Councilmembers Susan Sanger and Sally Velick were absent. Also present were the Interim City Manager/Community Development Director (Mr. Harmening); City Attorney (Ms. McDowell-Poehler); Economic Development Director (Mr. Hunt); Community Outreach Coordinator (Ms. McDonell); Human Resources Director (Ms. Gohman); Planning and Zoning Supervisor (Ms. Jeremiah); Finance Director (Ms. McGann); Fire Chief (Mr. Stemmer); Environmental Coordinator (Mr. Vaughan); City Engineer (Ms. Hagen); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Recognition for Councilmember Brimeyer Friends of the Arts and State Senate Representative Jim Rhodes recognized Councilmember Brimeyer for his leadership and service to St. Louis Park. 2b. Presentation of the City’s Annual Human Rights Award Mayor Jacobs and Community Outreach Coordinator Martha McDonell presented the Human Rights Awards. 3. Approval of Minutes 3a. City Council Minutes of December 1, 2003 The minutes were approved as presented. 3b. City Council Study Session Minutes of November 10, 2003 The minutes were approved as presented. 3c. City Council Study Session Minutes of November 24, 2003 St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 2 of 6 From Councilmember Santa: Page 2, Item 3, paragraph 11, change brining to bringing. From Councilmember Santa: Page 2, Item 3, paragraph 12, change propoerty to property. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve Ordinance No. 2259-03 amending Chapter 18: Offenses and Miscellaneous Provisions, approve the 2nd reading and authorize summary publication 4b Approve Ordinance No. 2260-03 amending Chapter 24: Streets, Sidewalks and Other Public Places, approve the 2nd reading and authorize summary publication 4c Approve Ordinance No. 2261-03 amending Chapter 15: Gambling, approve the 2nd reading and authorize summary publication 4d Accept for filing the Planning Commission Minutes of November 19, 2003 4e Approve Resolution No. 03-189 specifying terms of Inter-fund loan to Storm Water Utility Fund from the Permanent Improvement Revolving (PIR) Fund 4f Accept for filing the Parks and Recreation Advisory Commission minutes of September 17, 2003 4g Approve Krech, O’Brien, Mueller & Wass, Inc. as the building architect for the warming shelter and large picnic shelter at Oak Hill Park and for the development of future park building design standards 4h Approve the Indemnification Agreement between the City of St. Louis Park, the St. Louis Park Economic Development Authority, Anderson Builders, and Oak Hill 3501 LLC. relative to the Purchase and Redevelopment Contract with Oak Hill 3501 LLC 4i Approve Ordinance No. 2262-03 amending Chapter 36 Zoning Sections 36-266z(11)(C) and 36-366(B)(13) shading regulations proposed by Silvercrest Properties, LLC and modified by the Planning Commission and City Council, approve the 2nd reading and authorize publication 4j Adopt Resolution No. 03-188 reserving Funds in the Uninsured Loss Fund for the purpose of paying outstanding Workers Compensation claims 4k Adopt Resolution No. 03-180 rescinding Resolution No. 03-152 and adopting the attached revised list of snow removal exempt parking areas dated December 15, 2003 4l Motion to adopt a resolution accepting the revised City of St. Louis Park Snow and Ice Control Policy (Mr. Harmening requested this item be postponed until January 5, 2004). 4m Accept Vendor Claims for filing (Supplement) St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 3 of 6 Interim City Manager Tom Harmening requested Consent Agenda Item 4l be deleted from tonight’s agenda and placed on the next regular City Council agenda; the Public Works Director would like to make some corrections. It was moved by Councilmember Basill, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 5-0. 5. Boards and Commissions 5a. Reappointments to Boards and Commissions It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to reappoint Commissioners Bissonnette, Gothberg, Rudelius-Palmer, Mann, Clark and Lindenberg. The motion passed 5-0. 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Changes to the 2004 Neighborhood Revitalization Grant Guidelines Ms. McDonell presented a report regarding input from Neighborhood Associations, and the Citizen Grant Review committee’s recommendations for changes to the guidelines for distributing the 2004 revitalization funds. Ms. McDonell was accompanied by Dave Raatz, who is a member of the Citizen Grant Review committee. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to accept 2004 Neighborhood Revitalization Grant Guidelines Report from the Citizen Grant Review Committee. The motion passed 5-0. 8b. 2004 General Pay Increase. Resolution No. 03-181 Director of Human Resources Nancy Gohman reported on non-union employee compensation and the paid-on-call firefighter performance program. Ms. Gohman said Staff is negotiating with two unions at the table, and three have not yet approached the City. St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 4 of 6 It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-081 confirming a general increase for non-union employees and increasing performance program pay for Paid-on-call Firefighters. The motion passed 5-0. 8c. First Reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property. Case Nos. 03-62-Z Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to approve First Reading of Ordinance to rezone 3705 Park Center Boulevard from R-C to M-X and set Second Reading for January 5, 2004. The motion passed 5-0. 8d. Adopt 2004 Budget, 2003 Revised Budget, 2004 Property Tax Levy, HRA Levy and 2004 – 2008 Capital Improvement Program Resolution No.’s 03-182, 03-183, 03-184 Finance Director Jean McGann reported on the final steps in approving the 2004 budget, approving the 2003 revised budget, adopting the 2004 property tax levy, approving the 2003 HRA levy, and approving the 2004-2008 Capital Improvement Program, which was approved by the Planning Commission on December 3, 2003. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-182 approving the 2003 Tax Levy collectible in 2004, adopting the Budget for 2004, and adopting the Revised Budget for 2003. The motion passed 5-0. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-183 authorizing the HRA Levy for 2004. The motion passed 5-0. It was moved by Councilmember Santa, seconded by Councilmember Basill, to adopt Resolution No. 03-184 approving an amendment to the Comprehensive Plan Year 2000 to Year 2020 for the City per Minnesota Statutes, incorporating the Capital Improvement Program (CIP) Year 2004 to Year 2008; approve summary resolution for publication. The motion passed 5-0. St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 5 of 6 8e. Resolution to adopt Hennepin County Mutual Aid Agreement Resolution No. 03-185 Chief Luke Stemmer briefly reported on the Hennepin County Fire Chiefs Mutual Aid Agreement, which would allow the Fire Department to give and receive aid throughout the County. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to approve Resolution No. 03-185 authorizing the execution of the Hennepin County Chiefs Joint Cooperative Agreement for Use of Fire Personnel and Equipment. The motion passed 5-0. 8f. The request of Parkside Urban Flats LLC and City of St. Louis Park for a conditional use permit for the excavation of over 400 cubic yards of soil for property located at 390 and 460 Ford Road. Resolution No.’s 03-186 and 03-187 Ms. Jeremiah presented a Staff report regarding the Applicants proposal to remove approximately 800 cubic yards of soil for the expansion of a pond in Shelard Park and removal of 4,200 cubic yards of soil to accommodate underground parking for a new condominium building at 460 Ford Road. Ms. Jeremiah said two petitions were submitted by Bridgewalk Condominiums and by 36 residents of the condominium project stating that they do not support the conditional use permit for excavation at 390 and 460 Ford Road. Ms. Jeremiah reviewed the Planning Commission and Staff’s conditions. Gordy Thompson, 450 Ford Road, #130, said there were two petitions, one from 37 residents and one from 90-some residents. Mr. Thompson asked: Were the petitions considered? He said the low spot is a creek, not a pond. Mr. Thompson asked if an environmental study has been done on the use of the creek. He also asked about soil testing. Mr. Thompson thinks the soil under the garage is not solid enough to support a garage and the buildings. He would like a copy of the most recent survey. Mr. Thompson said from his unit he will be looking at a wall and not the park. Ms. Jeremiah said a survey, revised in 2001, was received of the property, and Staff is not aware of any changes to the property. Mr. Thompson expressed concern about a stake that had been placed in the ground and then removed. Ms. Jeremiah said during the building permit process, Staff will verify that the stakes are revealed for the setbacks of the buildings and such. Environmental Coordinator Jim Vaughan said the pond will be dredged and the area around the pond will be graded back and slightly expanded. Mr. Vaughan said there will be significant landscaping improvements. St. Louis Park City Council Agenda Item: 010504 - 3a - Council Minutes of Dec. 15, 2003 Page 6 of 6 Councilmember Omodt asked if any tax money is being requested for this project, and Ms. Jeremiah said no public funds are being requested. The developer is paying for the excavation. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-186 approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 390 Ford Road subject to conditions in the resolution. The motion passed 5-0. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-187 approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 460 Ford Road subject to conditions in the resolution. The motion passed 5-0. 9. Communications For his farewell, Councilmember Brimeyer read an open-letter to his nine-month old grandson Benjamin. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:40 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 010504 - 3b - Special Meeting Minutes of Dec. 22, 2003 Page 1 of 1 UNOFFICIAL MINUTES CITY COUNCIL—SPECIAL MEETING ST. LOUIS PARK, MINNESOTA December 22, 2003 Call to Order The meeting convened at 6:01 p.m. Present at the meeting were Councilmembers: John Basill, Jim Brimeyer, Sally Velick, Paul Omodt, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Councilmember Elect Phil Finkelstein was also in attendance. Staff members present were Human Resource Director (Ms. Gohman); and Community Development Director (Mr. Harmening). Interview of Mr. Thomas K. Harmening for the position of City Manager Council and Ms. Gohman began the meeting with a discussion about the interview process itself. Following that, the interview with Mr. Harmening was held. Ms. Gohman then met again with the council to discuss results of the interview and to receive council direction. It was moved by Councilmember Santa and seconded by Councilmember Velick to appoint Thomas K. Harmening as City Manager contingent on an approved contract, and further, that Mayor Jacobs, Councilmember Sanger and Councilmember Brimeyer would enter into contract discussions with Mr. Harmening. The motion passed 7-0. Adjournment Mayor Jacobs adjourned the meeting at 9:20 p.m. ___________________________________ ___________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 010504 - 4a - HRC Minutes of 9-17-03 Page 1 of 4 City of St. Louis Park Human Rights Commission Minutes – September 17, 2003 Westwood Rm – City Hall Call to Order The meeting was called to order at 7:00 p.m. Present Commissioners: Kristin Siegesmund, Colleen Clark, Matthew Armbrecht, Julie Kirsch, Kristi Rudelius- Palmer, Annie Gaffney Staff: Martha McDonell, Staff Liaison Guest: Seema Maddali Approval of Minutes It was motioned by Mr. Armbrecht, seconded by Ms. Kirsch, to approve the minutes with the following changes: • Change Human Rights Award Questions Title to Audit Subcommittee • Minor grammer corrections • Correct commissioner’s report to reflect the focus of the MN Human Rights Commission’s annual meeting was Brown vs. Board of Education The motion passed 6-0. Approval of Agenda Introductions were made among the commission members. Seema Maddali, a St. Louis Park resident, was present. She stated that she would like to join the Human Rights Commission and feels that she can add diversity to the group. Ms. McDonell added an update on the commission’s budget to the agenda under staff report. Mr. Armbrecht added commissioner reappointments to new business. Ms. Rudelius-Palmer added new action ideas under new business Commissioner Reports Ms. McDonell reported on the status of the commission’s budget. She reported that they are over budget on booths but have only spent about half of their overall budget. She clarified the source of funding for the consultant working on the Vision Diversity Indicator was money set aside by the city. Ms. Siegesmund inquired about the funds for awards. Ms. McDonell clarified the amount spent and that the plaques used are not nearly as expensive as some used in the past. Ms. McDonell reported that Professor Katsuya Endo, Ph.D. from Japan had visited and was researching diversity in other cultures. He is a professor in Japan and is tackling the issue of diversity and discrimination. He met with Ms. McDonell, Ms. Gaffney, former commissioner Mr. Herb Isbin, and the St. Louis Park City Council Agenda Item: 010504 - 4a - HRC Minutes of 9-17-03 Page 2 of 4 city’s Organizational Development Coordinator, Ms. Gothberg. He commented that it was one of the most beneficial meetings he had attended. Ms. McDonell reported that Mr. Endo also experienced several cultural differences at other meetings that had surprised him and that he had not been aware of. Ms. Rudelius-Palmer reported on her recent trip to Colombia on human rights and human security issues. She stated that heads of several national human rights institutions were present and the conference went well. Old Business State Conference Ms. McDonell confirmed that Ms. Rudelius-Palmer, Ms. Kirsch, Ms. Gaffney, and herself are attending. Ms. Rudelius-Palmer reported that MN Department of Human Rights annual meeting will be on December 5th. They will be piggybacking the theme of Brown vs. Board of Education. They will be also launching a campaign called Educate to Eliminate and will be having several forums and a public service announcement. Minneapolis INS/City Separation Mr. Armbrecht recapped the ordinance that was passed in Minneapolis. He stated there were no new updates and he has tried to contact both Lorin Kramer, Police Dept., and Paul Omodt. He thought that perhaps it would be a good idea to present this at a City Council study session. Ms. Siegesmund thought the intent was to prevent staff from demanding documentation from those with out it and decreasing the fear felt when going to ask for city services. Ms. McDonell recommended that the commission make a decision as a group and research the after effects of the ordinance in Minneapolis. Mr. Armbrecht volunteered to collect the follow-up information from Minneapolis and will present it at the next commission meeting and they can move forward from there. Ms. McDonell emphasized that the city focuses on providing many services such as fire protection, police protection, health and human services, etc. and that whether you live or work in St. Louis Park. Ms. Siegesmund felt that they need to establish a reason for passing such an ordinance because it is in the city’s best interest if people are not afraid to interact with employees or to follow city ordinances. Ms. Rudelius-Palmer felt that point should be addressed at the City Council study session and felt they need to research if all parties that were involved with the ordinance in Minneapolis were on board with it. Mr. Armbrecht would put something together and circulate it prior to the next meeting. Advertising for the Human Rights Award Ms. McDonell reported that she and Ms. Gaffney have been working on the award. Ms. Gaffney redid the poster/flyer. Ms. McDonell stated that they would be sent out with the forms. The commission reviewed the list of persons the information was sent to the year before. Ms. McDonell encouraged the commissioners to take flyers with them and post in community places. Ms. Gaffney researched printing companies in the area and distributed a list of them to the commissioner’s. She inquired if they could help call the printing companies to see if they would donate larger posters. Ms. Siegesmund felt that the library would be a good place to post a large flyer. Ms. Gaffney suggested the post office and Mr. Armbrecht suggested coffee houses. Mr. Armbrecht inquired about getting St. Louis Park City Council Agenda Item: 010504 - 4a - HRC Minutes of 9-17-03 Page 3 of 4 something published in the Sun Sailor. Ms. Siegesmund volunteered to contact the Sun Sailor and Ms. McDonell would try to get an article into the Park Perspective. Audit Committee Mr. Armbrecht reported that they met with Peter from Decision Resources, Ltd. He stated that they had narrowed down several question which they passed along to Decision Resources and a draft will be drawn up by the first of October. The commission discussed locations to distribute the survey and Ms. Siegesmund emphasized focusing on immigrant groups. Ms. Rudelius-Palmer clarified that the Minnesota Institute on Race and Poverty had agreed to review the survey. Mr. Armbrecht stated that they would also have a paragraph describing the Human Rights Commission. Ms. Rudelius-Palmer inquired if they had business cards with the human rights line on it that they could pass out. Ms. McDonell felt that was a very good idea to pass them out with the survey. Ms. Siegesmund inquired about translation and what languages would be needed. The commission debated whether to read the survey aloud to citizens or to have individuals read the survey. Ms. Siegesmund pointed out the cost of printing it in so many languages. Ms. McDonell reported that they did not need to spend the funds for the survey by December. She had spoken with the finance department and found that if a project was on-going the funds could be held over to the next year. Ms. Siegesmund felt that it would be reasonable to set a goal of completing the survey by spring or the end of the school year. Ms. McDonell felt the audit subcommittee has done very well. New Business LMHRC – Election of Directors Ms. McDonell stated that Ms. Rudelius-Palmer is currently serving on the League of MN Human Rights Commission and that elections for area directors are coming up. It was mtion by Ms. Siegesmund, seconded by Ms. Gaffney, to reaffirm Ms. Rudelius-Palmer as their director for the LMHRC. The motion passed 6-0. Website Mr. Armbrecht inquired if any commissioners were knowledgeable and willing to work on the website. Ms. McDonell informed the commission only had to create the desired and the city’s website designer would create the page. Ms. Siegesmund suggested advertising for new members. Ms. Maddali suggested that the calendar be posted. Ms. Siegesmund stated that she needed to leave the meeting and thanked Ms. Maddali for attending the meeting. Ms. Rudelius-Palmer inquired about getting the human rights brochure on the website. Ms. McDonell replied that she and Ms. Gaffney are currently working on it. Ms. Rudelius-Palmer suggested posting pictures from the Parktacular Parade as well as the work plan. Ms. Gaffney inquired if the commission would want to put the human rights pledge on the website. Ms. Rudelius-Palmer would like to see the hate crimes response plan on it as well. 2004 Student Essay Contest Ms. McDonell reported that the theme is Brown vs. the Board of Education. Ms. Gaffney offered to update the essay flyer. Ms. Rudelius-Palmer would like to have the flyer completed by the time they St. Louis Park City Council Agenda Item: 010504 - 4a - HRC Minutes of 9-17-03 Page 4 of 4 attend the state conference. Ms. McDonell inquired how much information to send in the teacher packets. The commission chose to include the following: definition of human rights, categories of human rights(civil, economic, environmental), the Human Rights Act and the Universal Declaration of Human Rights. Ms. Rudelius-Palmer would like to use the human rights passports. Mr. Armbrecht hoped they may be able to put an article in the student newspapers or teachers newsletter. Ms. Rudelius- Palmer suggested that Ms. Clark ask her teachers if they have a newsletter. She suggested referencing the previous year’s winner and actual essay in the teacher packets. Mr. Armbrecht inquired about incentives for the students to participate. Ms. Rudelius-Palmer suggested having the previous essay winner visit the schools and read her essay. Mr. Armbrecht would like to see reference materials and videos included in the teacher packets. Ms. Kirsch liked the idea of the essay tying in with Martin Luther King, Jr. Ms. Rudelius-Palmer thought it could be a welcome back idea after winter break and also suggested having the video “Road to Brown” available at the library. Ms. McDonell stated that they had $700 in the budget if they would like to purchase books for a human rights library that can be made available to the public. Recruit New Commissions Mr. Armbrecht proposed tabling the item until the next meeting. Re-Appointment of Student member Ms. Clark stated that she would like to serve another year. Commissioner Residency Ms. McDonell stated that the City Council will be looking at whether commissioners must live in St. Louis Park to serve on a board or commission. She suggested that a letter be sent to the Council that states the commission is in favor of allowing non-residents to participate. Ms. Rudelius-Palmer felt that it would support the Vision and audit committee on welcoming individuals to St. Louis Park. New Action Ideas Ms. Rudelius-Palmer is interested in utilizing a program called kindness points and demostrated to the commission. She felt it would be worthwhile to begin utilizing if there are funds remaining and suggested utilizing it in elementary school. It was motioned by Ms. Siegesmund, seconded by Ms. Kirsch, to authorize Ms. Rudelius Palmer to purchase the kindness coins. Motion passed 6-0. She informed the commission about an upcoming peace pole planting. Adjournment It was motioned by Ms. Gaffney, seconded by Ms. Clark, to adjourn the meeting. The motion passed 6- 0. Respectfully submitted, Kim Olson, Recording Secretary St. Louis Park City Council Agenda Item: 010504 - 4b - HRC Minutes of 11-19-03 Page 1 of 3 City of St. Louis Park Human Rights Commission Minutes – November 19, 2003 Westwood Rm – City Hall Call to Order Chair Siegesmund called the meeting to order at 7:00 p.m. Present Commissioners: Kristin Siegesmund, Julie Kirsch, Kristi Rudelius-Palmer, Annie Gaffney, Matthew Armbrecht, Colleen Clark Staff: Martha McDonell, Liaison Approval of Agenda Ms. Rudelius-Palmer would like to continue reviewing the workplan. The agenda was approved as written. Approval of Minutes Ms. Gaffney would like to see her name added to the list of commissioners present at the meeting. Ms. Rudelius-Palmer would like the minutes to reflect the commission’s vote to authorize Ms. Rudelius-Palmer to purchase the kindness coins. It was motioned by Ms. Gaffney, seconded by Mr. Armbrecht, to approve the minutes with the two changes. Motion passed 6-0. Commissioner Reports Chair Siegesmund reported that she had left several phone messages with a man who had called the Human Rights Hotline in regard to a bias incident. She has not yet spoken with him. Ms. McDonell would like to see if a police report had been filed. Ms. Gaffney reported that she has been calling to put together a list of businesses they to send the survey out to. Ms. Rudelius-Palmer updated the commission on the Human Rights Fellowship Grant. She reported that the peace pole planting occurred and several members of the Council were present. Ms. Rudelius-Palmer stated that Councilmember Omodt would like to attend another Human Rights meeting. Ms. McDonell reported that she attended a human rights forum in St. Paul that was sponsored by St. Paul and its Human Rights Commission. The forum focused on the gay and lesbian community. She reported that the community told the commission that the residents wanted St. Paul to be more welcoming. At the forum, Ms. McDonell met an employee of the MN Dept. of Human Rights who encouraged her to invite the St. Louis Park Human Rights Commission members to the upcoming Human Rights conference. Human Rights Commission Minutes November 19, 2003 Page 2 of 3 Ms. McDonell reported that she had received an annonymous letter that stated the sender was upset when the Human Rights Award was advertised and all the past award recipients were not listed. It was motioned by Ms. Rudelius-Palmer, seconded by Mr. Armbrecht, to put together a list of all of the recipients to go out with future mailings and to post it on the website. Mr. Armbrecht gave a brief report on a luncheon Mayor Jacobs had set up that encouraged those in the community to discuss issues with regard to diversity. The commission expressed their interest in participating in more events such as this. Ms. Rudelius-Palmer reported that the MN League of Human Rights is developing curriculum and a guidebook to be used with those who commit hateful behavior. She added that she also attended the League’s annual meeting. Old Business 2003 Human Rights Award Nominees Ms. Siegesmund inquired when they needed to present the award. Ms. McDonell replied they could present it at anytime. She added that the next City Council meetings are December 1 and December 15. The commission discussed the nominees. They had concerns about one of the nominees who neither works nor lives in St. Louis Park. Ms. Kirsch and Ms. McDonell provided some background information on the services that STEP provides. Mr. Armbrecht commented that he felt that without groups like the Women’s Club, other charities and human rights organizations would not be funded. However, he felt that the Women’s Club was not a human rights focused group. Ms. Rudelius-Palmer wanted to ask the individual who nominated the Women’s Club how they made the connection to human rights. She spoke to Ms. Portia Byrd via telephone, who described the programs they had and the people they helped. Ms. Clark had to leave the meeting. It was motioned by Mr. Armbrecht, seconded, by Ms. Rudelius-Palmer, to give three awards, one each to STEP, Fern Hill neighbors, and the Women’s Club. Motion passed 5-0. Ms. Rudelius-Palmer would like to have an additional event to recognize the award winners. The commission agreed to hold a reception for the winners prior to the City Council meeting. She also suggested making a short video on the winners. She would like all past winners invited to the reception. The commission decided to present the award on December 15. Audit Committee Update on the Survey Draft Ms. Gaffney stated that the committee had met prior to the human rights commission meeting. They received and reviewed a draft of the survey and it was sent back to the consultant. The consultant will then incorporate their changes and send them another draft. He also was collecting names of people to give the audit survey to. Ms. McDonell stated that she needed the draft stage completed and a letter from the consultant stating that the project is on-going. Minneapolis INS/City Separation Ordinance Mr. Armbrecht reported that he is moving forward. He has an upcoming meeting with Vic Rosenthal of the people who was instrumental in passing the ordinance in Minneapolis and who is working on the issue in St. Paul. Mr. Armbrecht stated he will have more to share at the next meeting. New Business Human Right’s Day Conference Human Rights Commission Minutes November 19, 2003 Page 3 of 3 Ms. McDonell inquired who would be interested in attending the conference. Mr. Armbrecht, Ms. Gaffney, and Ms. Siegesmund were all interested in going. Ms. Rudelius-Palmer stated that registration costs may be lowered for commission members. She asked Ms. McDonell to invite the newest member to the conference as well. Draft for Website The commission would like to put the list of past essay and human rights awand winners. Ms. Kirsch inquired if the essay should be on the website. Ms. Kirsch would like the response plan put on after the section of where to call for help. Mr. Armbrecht thought the work plan should be added as well. Ms. Rudelius-Palmer requested a link to the LMHRC. Mr. Armbrecht suggested putting the logo on the web. Ms. Siegesmund would like to link to those sites that deal with the processes involved in discrimination in housing and employment. Mr. Armbrecht suggested a section be created on how to address concerns and then break it down into specific areas. Ms. Siegesmund would like to speak more about this at the next meeting. Set Agenda for Next Meeting The following items are to be placed on the next agenda: • Procedures for electing 2004 officers • Minneapolis INS/City Separation Ordinance • Essay Contest • Work Plan • Survey Draft Adjournment It was motioned by Ms. Gaffney, seconded by Ms. Kirsh, to adjourn the meeting at 9:00 p.m. Respectfully submitted, Kim Olson Recording Secretary St. Louis Park City Council Agenda Item: 010504 - 4c - Housing Authority Minutes Nov. 12, 2003 Page 1 of 3 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, November 12, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Anne Mavity and Shone Row. Commissioner Judith Moore arrived at 5:05 p.m. MEMBERS ABSENT: None STAFF PRESENT: Sharon Anderson, Jane Klesk and Michele Schnitker 1. Call to Order Commissioner Gavzy called the meeting to order at 5:02 p.m. 2. Approval of Minutes for September 10, 2003 The September 10, 2003 minutes were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Approval of CFP Architect Contract (CFP Report) Ms. Anderson presented a brief review of the contract for the CFP Program for Hamilton House and scattered-site housing through 2007, and stated that Studio Five Architects had submitted the winning proposal, in the amount of $26,160 for potential total fees, including $2,000 in reimbursables. After general discussion Commissioner Courtney moved to approve the contract, and Commissioner Row seconded the motion. The motion passed 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Election of Officers Commissioner Moore moved to approve the following slate of officers: Commissioner Courtney as Chair; Commissioner Row as Vice Chair; and Commissioner Mavity as Secretary. Commissioner Mavity seconded the motion, and St. Louis Park City Council Agenda Item: 010504 - 4c - Housing Authority Minutes Nov. 12, 2003 Page 2 of 3 the motion passed 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. c. Lou Park – Approval to Administer Section 8 Housing Choice Vouchers Ms. Schnitker stated that as of December 28, 2003 Lou Park will no longer be obligated to provide or administer Section 8 project-based rental assistance for 32 of their units. HUD has requested that the HA administer 32 units of tenant-based voucher assistance. The HA has agreed to do this should Ted Bigos decide not to renew his five-year contract with HUD. Commissioner Mavity moved for approval for the HA to administer the 32 units of tenant-based voucher assistance, and Commissioner Moore seconded the motion. The motion passed 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. d. Approval of Public Housing Operating Subsidy Calculation – Resolution No. 519 Ms. Schnitker provided an overview of the Public Housing Operating Subsidy Calculation, explaining that HUD has requested this calculation early. However, since it is calculated by formula, it can be calculated independent of the budget. Commissioner Courtney requested that in Resolution No. 519, paragraph 3, the language be changed to read, “NOW THEREFORE BE IT RESOLVED that as Chair and Secretary of the Board of Commissioners of the Housing Authority of St. Louis Park, acting on behalf of said Authority, we make the following certifications and agreements…”. Commissioner Moore moved for the approval of Resolution No. 519 as amended, and Commissioner Row seconded the motion. The motion passed 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. e. Hamilton House Non-Smoking Petition The Hamilton House Non-Smoking Petition was formally received by the Commissioners. The Commissioners voiced their appreciation of HA staff handling this sensitive issue, and directed staff to bring back a recommendation for responding to this concern. f. Sholom Community Alliance and Jewish Family and Children Services Naturally Occurring Retirement Community (NORC) Grant – Report Ms. Schnitker presented a report concerning the NORC grant, stating that some of the grant funds would be used to install roll-in showers in handicap accessible units in Hamilton House. 7. Communications from Executive Director a. Claims List No. 11-2003 Commissioner Moore moved to ratify Claims List No. 11-2003, and Commissioner Row seconded the motion. The motion passed 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. St. Louis Park City Council Agenda Item: 010504 - 4c - Housing Authority Minutes Nov. 12, 2003 Page 3 of 3 b. Communications Commissioner Mavity and Ms. Schnitker provided an update on the most recent Housing Summit meeting. 1. Monthly Report for November, 2003 2. Scattered-Site Houses and Hamilton House (verbal report) 3. Draft Financial Statement 8. Other 9. Adjournment Commissioner Mavity left the meeting at 6:52 p.m. Commissioner Moore moved for adjournment, and Commissioner Row seconded the motion. The motion passed on a vote of 4-0 with Commissioners Courtney, Gavzy, Moore and Row voting in favor. The meeting was adjourned at 6:56 p.m. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 010504 - 4d - Official Newspaper Designation Page 1 of 2 4d. Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2004 Background: MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter. Basis of Recommendation: 1. The paper is delivered to nearly all residences in the City, thereby providing city-wide coverage of legal notices and other city government issues to residents. 2. The paper has served well as the official newspaper for many years. 3. The paper has expressed a desire to continue to provide this service. 4. The cost for legal publications is reasonable and they are not increasing their rates for the third year in a row. 5. All legal notices are posted on Sun Sailor’s website at no additional charge. Attachment: Resolution Letter from Sun Newspapers (Supplement) Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 4d - Official Newspaper Designation Page 2 of 2 RESOLUTION NO. 04-003 A RESOLUTION DESIGNATING THE ST. LOUIS PARK SUN SAILOR AS THE OFFICIAL NEWSPAPER FOR CALENDAR YEAR 2004 WHEREAS, MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter; and WHEREAS, the St. Louis Park Sun Sailor is a duly qualified medium of legal publication; NOW THEREFORE BE IT RESOLVED that the St. Louis Park City Council hereby designates the St. Louis Park Sun Sailor as the City’s Official Newspaper for Calendar Year 2004. Reviewed for Administration: Adopted by the City Council January 5, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 010504 - 4e - Final Payment to Gartner Refrigeration Page 1 of 1 RESOLUTION NO. 04-004 RESOLUTION ACCEPTING CONSTRUCTION OF THE REC CENTER’S WEST ARENA RENOVATION CONTRACT NO. 56-03 GARTNER REFRIGERATION BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated May 14, 2003, and Manufacturing, Inc. has satisfactorily completed work on the Rec Center’s west arena renovation, as per Contract No. 56-03. 2. The Director of Parks and Recreation has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council January 5, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 010504 - 4f - 2004 City Council Meeting Dates Page 1 of 3 4f. Motion to adopt resolution declaring 2003 City Council meeting dates Background: The St. Louis Park City Council Rules and Procedures require Council to set and approve meeting dates for 2004. The City Council's policy is to not meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, Sukkot, Passover and Shavuot. For New Year's, Christmas and Yom Kippur this includes the evening before the holiday. For Rosh Hashanah, Sukkot, Passover and Shavuot this includes the first and second evenings of the holiday. Current policy states that when a holiday falls on the first or third Monday, the meeting is rescheduled to the same hour on the following Tuesday. If the Tuesday is also a holiday, the meeting is moved to the same hour on the next succeeding Monday that is not a holiday. Recommendation: Staff recommends approval of the meeting dates in Exhibit A of the attached resolution. Attachments: Resolution Prepared by: Kimberly A. Olson, Administration Secretary Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 4f - 2004 City Council Meeting Dates Page 2 of 3 RESOLUTION NO. 04-002 RESOLUTION DECLARING 2004 CITY COUNCIL MEETING DATES WHEREAS, the City Council Rules and Procedures require Council to annually declare its public meetings for the year, WHEREAS, the City Council takes holidays into consideration when declaring public meetings and has chosen to not meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, Sukkot, Passover and Shavuot of each year, WHEREAS, regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. If the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month, NOW, THEREFORE BE IT KNOWN that the City Council of St. Louis Park has reviewed Exhibit A and do declare those dates to be the public meeting dates of the City Council. Approved by the City Council January 5, 2004: Reviewed for Administration: City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 010504 - 4f - 2004 City Council Meeting Dates Page 3 of 3 Exhibit A 2004 City Council Meeting Dates Jan. 5 Regular Meeting July 5 Regular Meeting Jan. 12 Study Session July 12 Study Session Jan. 20 Regular Meeting (Tuesday,Martin Luther) July19 Regular Meeting Jan. 26 Study Session King Jr. Day) July 26 Study Session Feb. 2 Regular Meeting Aug.2 Regular Meeting Feb. 9 Study Session Aug. 9 Study Session Feb. 17 Regular Meeting (Tuesday, President’sDay) Aug. 16 Regular Meeting Feb. 23 Study Session Aug. 23 Study Session Mar. 1 Regular Meeting Sept. 7 Regular Meeting (Tuesday, Labor Day) Mar. 8 Study Session Sept. 13 Study Session Mar. 15 Regular Meeting Sept. 20 Regular Meeting Mar. 22 Study Session Sept. 27 Study Session Apr. 5 Cancelled (Passover) Oct. 4 Regular Meeting Apr. 12 Regular Meeting, Study Session to follow Oct. 11 Study Session Apr. 19 Regular Meeting Oct. 18 Regular Meeting Apr. 26 Study Session Oct. 25 Study Session May 3 Regular Meeting Nov. 1 Regular Meeting May 10 Study Session Nov. 8 Study Session May 17 Regular Meeting Nov. 15 Regular Meeting May 24 Study Session Nov. 22 Study Session June 7 Regular Meeting Dec. 6 Regular Meeting June 14 Study Session Dec. 13 Study Session June 21 Regular Meeting Dec. 20 Regular Meeting June 28 Study Session Dec. 27 Study Session St. Louis Park City Council Agenda Item: 010504 - 4g - Rezoning of Wayside House Page 1 of 5 4g. Motion to approve second reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property, adopt ordinance, approve summary, and authorize publication. Background: Existing Comprehensive Plan: Civic Mixed-Use Existing Zoning: R-C High-Density Multiple Family Proposed Zoning: M-X Mixed Use The subject property is owned by Wayside House and used as a residential treatment center (group home/non-statutory) for women recovering from alcohol and/or drug dependency. The property is in the Park Commons (town center) redevelopment area. In October, 1996, a community design process (charrette) was held to develop concept plans for the future of the area. The charrette concept plans proposed a future civic use for the ground floor of this property. The civic use was not specifically identified but could include a library branch, community rooms, art center or education space. Upper floors could include residential or office/medical office space. Subsequently, the Park Commons West Study looked at the area in more detail with a task force of nearby residents and business representatives. The 1998 Park Commons West consensus recommendations of the task force confirmed the future use of this property for Civic Mixed Use. In 1999, the Comprehensive Plan 2000-2020 became effective and designated this property for Civic Mixed Use. Per State Law, the zoning is required to be consistent with the Comprehensive Plan. However, when rezoning for consistency was first proposed, Wayside House expressed concerns that their existing stand-alone group home use would becoming non-conforming under the M-X Mixed Use zoning language that was in effect at that time. The City subsequently amended the M-X Mixed Use ordinance to allow group homes in existence on June 1, 1999 to be permitted uses in the M-X Mixed Use District. This prevents Wayside House from being a nonconforming use in the M-X zoning district. On September 16, 2003, staff met with the Executive Director of Wayside House (Sharon Johnson) to revisit the issue of rezoning the property to M-X. Based upon the fact that the existing use would continue to be permitted and could be included in a future redevelopment of the property (see analysis), Ms. Johnson indicated that she had no objections to the rezoning. As noted, the rezoning would bring the property into conformance with the existing Comprehensive Plan designation as required by State Law. On November 19, 2003, the Planning Commission held a public hearing to consider the rezoning and heard testimony from Sharon Johnson of Wayside House. Ms. Johnson stated that Wayside St. Louis Park City Council Agenda Item: 010504 - 4g - Rezoning of Wayside House Page 2 of 5 House does not have a redevelopment plan. However, their Board has discussed "what if" scenarios, and they are comfortable with the opportunities provided by the M-X District. The Planning Commission recommended approval of the rezoning on a vote of 6-0. The City Council approved first reading of the zoning map amendment on December 15, 2003 and set second reading for January 5, 2004. Issues: Ø Is the proposed M-X zoning consistent with the existing Comprehensive Plan designation for the property? Ø Would the existing Wayside House group home use become nonconforming under the M-X zoning? Ø Could the Wayside House use be included in a future mixed-use redevelopment of the property? Ø Is the City proactively encouraging redevelopment of this property? Analysis of Issues: Ø Is the proposed M-X zoning consistent with the existing Comprehensive Plan designation for the property? The proposed M-X Mixed Use zoning is consistent with the Civic Mixed Use Comprehensive Plan designation. Properties designated for Civic or Commercial Mixed Use are generally zoned M-X Mixed Use. The M-X Mixed Use District requires a majority of the ground floor area to be devoted to either civic/institutional/transportation uses or commercial uses as designated by the Comprehensive Plan. Upper stories can include office, human care, laboratory or residential uses. Ø Would the existing Wayside House group home use become nonconforming under the M-X zoning? The existing Wayside House group home/non-statutory use would not become nonconforming under the M-X Mixed Use zoning. An ordinance amendment was adopted to allow non-statutory group homes in existence on June 1, 1999 to be treated as permitted uses. Wayside House was in existence on that date. The permitted use status allows Wayside House to improve the existing facility and rebuild if necessary. Ø Could the Wayside House use be included in a future mixed-use redevelopment of the property? The Wayside House group home use could be included in a future redevelopment of the property. The M-X Mixed Use District allows group homes/non-statutory as one of the potential uses. If it were developed on the ground floor of a future mixed-use building, it could not St. Louis Park City Council Agenda Item: 010504 - 4g - Rezoning of Wayside House Page 3 of 5 occupy a majority of the ground floor. Under the existing Comprehensive Plan designation, the majority of the ground floor would need to be developed as civic/institutional/transportation uses (community center, education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters, and time transfer and transit stations). Wayside House could be developed on the ground floor in conjunction with one or more of these civic uses. Another option would be to redevelop Wayside House into one or more upper stories of a mixed- use building. There would not be any limits on the percentage of upper stories that Wayside House could occupy. It could potentially be the only upper story use or it could be one of several uses (including adult daycare, group daycare/nursery school, medical/dental office, medical/optical/dental laboratory, nursing home, office, multiple family dwellings, and elderly housing). Wayside House could also occupy a portion of the first floor and upper stories of a future mixed- use building. The use mix and design of any future redevelopment would be reviewed via the PUD process. Ø Is the City proactively encouraging redevelopment of this property? The City is not proactively encouraging redevelopment of this property or attempting to purchase the property at this time. The reason for the rezoning is to provide consistency with the Comprehensive Plan, as required by State Law, and to prevent potential private redevelopment of the property as a stand-alone high-density residential development. Wayside House has indicated that a residential developer has expressed interest in purchasing their property. Recommendation: Staff and the Planning Commission recommend approval of the rezoning based upon conformance with the existing Comprehensive Plan designation. Attachments: Ø Proposed Ordinance Ø Proposed Ordinance Summary for publication Ø Existing Zoning Ø Proposed Zoning Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 4g - Rezoning of Wayside House Page 4 of 5 ORDINANCE NO. 2263-04 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3705 PARK CENTER BOULEVARD THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: THAT PART OF LOT 2 BLK 2 DESC AS COM AT THE INTERS OF THE E LINE OF LOT 2 AND A LINE 24 FT NLY OF MEAS AT A R/A TO AND PAR WITH THE S LINE OF LOT 2 TH NLY ALONG SAID E LINE A DIS OF 401 FT TO PT OF BEG TH SLY ALONG SAID E LINE A DIS OF 195 FT TH WLY PAR WITH SAID S LINE A DIS OF 423 FT TH NLY PAR WITH SAID E LINE A DIS OF 195 FT TO THE BEG OF A LINE DESC AS LINE A TH NELY DEFL LEFT 16 DEG 35 MIN 14 SEC TO THE SLY R/W OF PARK CTR BLVD AND SAID LINE A THERE TERMINATING TH ELY ALONG SAID SLY R/W TO THE INTERS WITH A LINE 60 FT ELY OF MEAS AT R/A TO AND PAR WITH SAID LINE A TH SELY ALONG LAST DESC PAR LINE TO THE INTER SECTION WITH A LINE DRAWN WLY FROM THE PT OF BEG AND PAR WITH THE S LINE OF LOT 2 TH ELY ALONG THE LAST DESC PAR LINE TO THE PT OF BEG, PARK CENTER ADDITION from R-C Multi-Family Residential to M-X Mixed Use. Section 2. This ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council January 5, 2004 City Manager Mayor Attest: Approved as to Form and Execution: City C lerk City Attorney 03-62-Z:res-ord St. Louis Park City Council Agenda Item: 010504 - 4g - Rezoning of Wayside House Page 5 of 5 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3705 PARK CENTER BOULEVARD This ordinance states that the zoning of property located at 3705 Park Center Boulevard shall be changed from R-C Multi-Family Residential to M-X Mixed Use. This ordinance shall take effect 15 days after publication. Adopted by the City Council January 5, 2004 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: January 15, 2004 03-62-Zsum:res/ord St. Louis Park City Council Agenda Item: 010504 - 4h - MN Dept of Health Compliance Agmt Page 1 of 1 4h. Motion to approve the Bilateral Compliance Agreement with the Minnesota Department of Health and authorize the City Manager to execute the agreement for the City. Background: During late summer 2003, routine testing indicated maximum contaminant levels (mcl’s) for Gross Alpha Emitters, Radium 226 and Radium 228, referenced in National Primary Drinking Water Regulations (40 CFR, Sec. 141.66, subp. 6) were exceeded. This has not happened in the past here in the City, but these contaminant levels, in general, have been slowly increasing over time. Following Minnesota Department of Health (MDH) public notification procedures, City officials were notified (City Manager’s Digest – October 27, 2003) and public notice was published in the Sun-Sailor on Wednesday, October 29 (copy attached). Besides public notice procedures, MDH has increased their water-testing frequencies to more closely monitor Gross Alpha Emitter concentrations in the City’s drinking water. Finally, the City is required to take corrective action to reduce or remove Gross Alpha Emitters from the City’s drinking water. Corrective action for these contaminants generally involves the replacement of the City’s water filter media and the possible addition of chemicals during the water treatment process. The possible cost to revise our filters and treatment process, as described above, is estimated at slightly over $1,000,000. The good news in this is staff earlier anticipated the need for this work and included it in the 2004 - 2008 Capital Improvement Program as well as the Water Utility rate analysis which was just completed by the City’s Finance Department. Engineering for this work actually began in 2003 before MDH testing indicated exceedance of Emitter mcl’s. This agreement documents MDH and City responsibilities in monitoring Emitter concentrations, keeping the public informed, and taking action to correct this problem. Staff was involved in developing this agreement and finds the terms acceptable. The City’s attorney has reviewed the agreement with no recommended changes. Recommendation: Motion to approve this agreement with the Minnesota Department of Health and authorize the City Manager to execute the agreement for the City. Attachments: Public Notice (Sun-Sailor October 29) (Supplement) Bilateral Compliance Agreement (Supplement) Prepared by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 4i - Fire Civil Service Minutes of Feb. 3, 2003 Page 1 of 1 MINUTES FIRE CIVIL SERVICE COMMISSION February 3, 2003 FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 10:03a.m. by Commissioner MacMillan. 2) In attendance were Commissioners William MacMillan, David Lee and John Mann. Also present were Amy Brusven Staff Liaison/Human Resources Coordinator, Luke Stemmer, Fire Chief, Dale Antonson, Lieutenant and Union President, Mark Windschitl, Fire Lieutenant and Mike Dobesh, Firefighter. 3) A motion was made by Commissioner Lee, seconded by Commissioner MacMillan to approve the appointment of Commissioner Mann as Chair and Commissioner David Lee as Secretary. The motion carried. 4) A motion was made by Commissioner Mann, seconded by Commissioner Lee to approve the Fire Department update presented by Chief Luke Stemmer. The report highlighted Fire Department Staffing, Fire Department Technology, Fire Statistics, Fire Prevention Bureau and Fire Equipment. The motion carried. 5) A motion was made by Commissioner Mann, seconded by Commissioner MacMillan to adjourn the meeting. The Commission adjourned at 10:55 a.m. Respectfully submitted, Amy Brusven City Staff Liaison to the Fire Civil Service Commission St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 1 of 7 4j. Motion to approve execution of a lease with Benilde-St. Margaret’s School for a locker facility located under the west side bleachers of the west arena in the St. Louis Park Rec Center. Background: The Rec Center is home arena to Benilde-St.Margaret’s (BSM) School and St. Louis Park High School. Each school has one locker room in the building that they rotate each year between the boys and girls teams. BSM expressed an interest in creating an additional locker room so that both their boys and girls team’s could each have a space in the building. Creating a locker room: BSM worked with Parks and Recreation and Inspections staff to create a locker room behind the bleachers in the West Arena. Prior to BSM working on this space, the area did not meet code requirements to be used (not even as a storage space). BSM created the locker room at their expense. In addition to creating space for themselves, they fixed up a space adjacent to this for City and youth hockey association storage. BSM also paid for renovations to our storage space. Given the fact BSM is paying for all of the improvements, the lease does not include a requirement for rent to be paid. The term of the lease is 20 years. The City Attorney assisted in drafting the lease document. Recommendation: Staff recommends Council approve execution of a lease with Benilde-St. Margaret’s School for the locker facility located under the west side bleachers of the west arena in the St. Louis Park Rec Center. Attachment: Lease Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 2 of 7 LEASE THIS LEASE, made and entered into this 19 day of December, 2003, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("Lessor") and BENILDE-ST. MARGARET'S SCHOOL, a Minnesota non-profit corporation ("Lessee"). WITNESSETH: 1. Premises. Lessor, in consideration of the rents to be paid by Lessee, does hereby lease to Lessee certain space ("Premises") consisting of approximately 900 square feet located under the west side bleachers of the west arena in the St. Louis Park Rec Center, 3700 Monterey Drive, St. Louis Park, Minnesota 55416. 2. Term. The term of the Lease is for twenty (20) years commencing on January 1, 2004 ("Commencement Date") and ending on December 31, 2024. Lessor may terminate the Lease at its option at any time during the twenty (20) year lease term by giving Lessee a one-year written notice of such termination and by reimbursing Lessee on a pro-rata basis for its $61,850.00 in leasehold improvement costs calculated as follows: Number of years in lease term after early termination x $61,850.00 = reimbursement amount 20 Lessee may terminate the Lease at its option at any time during the twenty (20) year lease term by giving Lessee a one-year written notice of such termination. Lessee shall not be entitled to any reimbursement for leasehold improvement costs. The provisions of Paragraph 11 shall apply to any early termination by Lessee. 3. Use. The Premises are to be occupied by Lessee for its exclusive use as a hockey locker room for Lessee's team or teams and other associated uses, including storage of equipment and office space for coaches in accordance with the terms of this Lease. Lessee’s access to the Premises is limited to the Rec St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 3 of 7 Center’s regular open building hours. Lessor agrees to make every reasonable effort to accommodate Lessee’s use of the ice arena, taking into consideration past practices relating to ice time and recognizing that Lessor must also reasonably accommodate other current and future users of the facility. 4. Leasehold Improvements. Lessee will be solely responsible for building out and equipping the locker room premises at its cost. Before any work commences on the Premises, the City Manager or designee shall approve all plans and specifications, contractors and work schedule. 5. Rent. In lieu of any periodic rent payments, Lessor acknowledges that Lessee at its expense in conjunction with its leasehold improvements also made improvements to the adjoining storage space used by the City. 6. Maintenance of Premises. Lessee shall, at all times throughout the term of this Lease, at the Lessee's cost and expense, keep and maintain in good order, condition and repair the Premises and every part thereof, including, but not limited to, the exterior and interior portions of all doors, glass and glass windows serving the Premises; interior walls, partitions, floors and ceilings, signs of Lessee; and all fixtures, furnishings and equipment furnished by Lessee. Lessor shall keep the structural parts of the building serving the Premises such as foundation, load-bearing walls, exterior walls (excluding glass and doors), subfloor and roof, in good order, safe condition and repair. Lessor and Lessee shall, as applicable, abide by and conform to all statutes, ordinances, rules and regulations of duly constituted public authorities relating to the use or occupancy of the Premises. Lessee shall at all times keep and maintain the Premises in a neat, clean and sanitary condition, free from waste or debris. All fixtures, machinery and equipment shall be placed or installed in a good workmanlike manner without damage or destruction to the property of Lessor. If repairs are required to be made by Lessee pursuant to the terms of this Lease, Lessor may demand that Lessee make the same forthwith, and if Lessee refuses or neglects to commence such repairs within St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 4 of 7 thirty (30) days after written notice to Lessee, and complete the same with reasonable dispatch after such demand, Lessor may make or cause such repairs to be made, and in such event, Lessee covenants that it will forthwith, on demand, pay to Lessor as additional rent the cost thereof, plus fifteen (15%) percent for overhead and supervision. 7. Insurance. Lessee covenants that at its own cost and expense it will purchase and continue in force, in the names of Lessor and Lessee, general liability insurance against any and all claims for injuries to persons, including injuries resulting in death, or damage to property occurring in, upon or about the Premises during the term of this Lease, such insurance to be in an amount not less than $2,000,000.00 (combined single limit personal injury and property damage). Such insurance shall be written in a company or companies authorized to engage in the business of general liability insurance in the State of Minnesota, and there shall be delivered to Lessor customary certificates evidencing such paid-up insurance, which certificates are to be issued by the insurance companies and which certificates shall further provide that such general liability insurance may not be cancelled unless Lessor is notified in writing ten (10) days prior to any such proposed cancellation. 8. Indemnification. Lessee shall indemnify and save harmless Lessor against all liabilities, damages, claims, fines, penalties, costs and other expenses, including all attorneys' fees, which may be imposed upon incurred by or asserted against Lessor by reason of all of the following: (a) any use or condition of the Premises or any part thereof; (b) any personal injury or property damage occurring on the Premises; (c) any negligence on the part of Lessee, its agents, contractors, licensees or invitees; (d) any failure to comply with any requirement of any governmental authority; (e) any litigation commenced by or against Lessee to which Lessor is made a party without any fault on the part of Lessor; and (f) any failure on the part of Lessee to perform or comply with any covenant or agreement required to be performed or complied with by Lessee hereunder. St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 5 of 7 9. Impairment of Use. In the event of any damage to the Rec Center during the term of this Lease, by fire, the elements or other casualty, and such damage unreasonably interferes with Lessee’s purpose and use as set forth in Paragraph 3 or if such damage is extensive enough to cause closure of the Rec Center, Lessor shall restore the Rec Center unless Lessor shall, within one hundred twenty (120) days of the date of the occurrence of such fire or other casualty, elect not to repair or rebuild the Rec Center. In the event Lessor elects not to rebuild, then this Lease shall cease and terminate as of the date of such election, any Rent prepaid for period after such date shall be refunded to Lessee, and Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease or to reimbursement for any leasehold improvements, personal property, machinery, equipment or other contents on the leased Premises. During any such restoration, to the extent the Premises shall be unusable, the Rent shall abate proportionately. As to damage to the Premises itself, Lessor shall not be responsible for repairing or restoring Leasehold Improvements, personal property, machinery or equipment of Lessee. 10. Sublease or Assignment. Lessee may not sublease nor assign the whole or any part of the Premises without the prior written consent of Lessor, which consent may be withheld in Lessor’s sole and absolute discretion. 11. Removal of Equipment. All initial leasehold improvements and other alterations, additions, improvements and fixtures which may be made or installed by any of the parties upon the Premises and which are in any manner attached to the floors, walls or ceilings shall become the property of the Lessor at the termination of this Lease and shall remain upon and be surrendered with the Premises, provided, however, Lessee may at its option, remove the lockers it has installed in the Premises and repair any damaged occasioned by such removal. 12. Quiet Possession. If Lessee shall pay promptly when due the rentals herein agreed to be paid, and shall faithfully keep, abide by and be bound by the conditions and agreements of this Lease and perform St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 6 of 7 the covenants hereof, Lessor warrants to Lessee the quiet, peaceful and undisturbed possession of the Premises during the full term of this Lease. 13. Title. Lessor covenants that it has full right and lawful authority to enter into this Lease for the full term of this Lease. 14. Waiver of Claims. All property belonging to Lessee or any occupant of the Premises shall be there at the risk of Lessee or such other person only, and Lessor shall not be liable for any damage thereto and Lessee waives all claims against Lessor for damages to persons or property sustained by Lessee or any occupant of the Premises. 15. Surrender Upon Termination. Upon termination of this Lease, whether through expiration or otherwise, Lessee shall quietly surrender and deliver up the Premises in the condition they were in at the commencement of the term thereof, or as they may have been improved, subject to the exceptions herein set forth and ordinary use and wear and damage by the elements excepted. 16. Right to Inspect. Following reasonable notice from Lessor to Lessee, Lessor and its agents shall have free access to the Premises during all reasonable hours for the purpose of examining the same and to ascertain it is in good repair and being maintained properly. 17. Banning of Guns on Premises. Lessee as a School desires to ban guns on the premises, and Lessor shall properly post the Premises of such gun ban on behalf of Lessee. 18. Notice. All notices and requests which may be given or which are required to be given hereunder shall be sent by United States Mail postage prepaid, certified with return receipt requested as follows: If to Lessor: City of St. Louis Park 3700 Monterey Drive St. Louis Park, Minnesota 55416-4902 If to Lessee: Benilde-St. Margaret's School St. Louis Park City Council Agenda Item: 010504 - 4j - BSM Locker Room Lease Page 7 of 7 2501 South Highway 100 St. Louis Park, Minnesota 55416 19. Binding Effect. Each and all of the terms and conditions of this Lease shall extend, apply to and firmly bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands all on the day and year first above written. LESSOR: CITY OF ST. LOUIS PARK Attest: Cindy Reichert, City Clerk Jeffrey W. Jacobs, Mayor (seal) Thomas K. Harmening, Interim City Manager Cynthia S. Walsh, Director of Parks & Recreation LESSEE: BENILDE-ST. MARAGET’S SCHOOL By Bob Tift, President St. Louis Park City Council Agenda Item: 010504 - 5a - Police Advisory Commission Appointments Page 1 of 1 5a. Police Advisory Commission Appointments Appoint members to fill newly created commission seats on the Police Advisory Commission. Recommended Action: Motion to appoint Michael Baum, Joan Cichosz, Maureen Gormley, Jim Lanenberg, Sharon Berry, Anthony Del Percio, C. Marie Campion, and Carl Ohliger to the Police Advisory Commission. Background: During 2000-2001, legislation was passed allowing cities to disband their Police Civil Service Commissions. The Council felt that the structure of such a commission did not meet the needs of the city and set up the Police Advisory Committee Task Force to examine the mission, scope and membership of a potential Police Advisory Commission. The committee met for approximately one year and during that time created a mission statement and goals as well as a set of by-laws under which the proposed commission would operate. Council created the Police Advisory Commission on July 21, 2003 with a membership consisting of eleven regular voting members and one youth member. When the City Council passed an ordinance creating the Police Advisory Commission, they also appointed two members from the task force, Linda Trummer and Claudia Madison-Johnston. Recruitment: The City Manager’s Office received many applications from residents who were interested in serving on this commission. Applications were forwarded to Council who then chose a list of candidates to interview. From those interviewed, Council chose the following residents to appoint to the commission: Candidate Term Expiration Date Michael Baum 12/31/04 Joan Cichosz 12/31/05 Maureen Gormley 12/31/05 Jim Lanenberg 12/31/05 Sharon Berry 12/31/05 Anthony Del Percio 12/31/06 C. Marie Campion 12/31/04 Carl Ohliger (Youth member) 12/31/04 Recommendation: It is recommended that council appoint the residents named above to the Police Advisory Commission for the terms identified. Prepared By: Kimberly A. Olson, Admin. Secretary Approved By: Tom Harmening, City Manager St. Louis Park City Council Agenda Item: 010504 - 6a - ABG Corp (Europa) Liquor License Page 1 of 1 6a. Public Hearing to consider granting an on-sale intoxicating and Sunday sale liquor license to ABG Restaurant Corporation DBA Europa, 600 South Hwy 169, St. Louis Park MN Recommended Action: Mayor to close the public hearing. Motion to approve an on-sale intoxicating and Sunday sale liquor license effective January 15, 2004, contingent upon issuance of Certificate of Occupancy. Background: ABG Restaurant Corporation and its officers, William Anthony Nicklow, Anthony Anthony Nicklow and Gregory Nico Nicklow have made application to the City for an on-sale intoxicating liquor license with Sunday Sales. The establishment, Europa, expects their main source of income to be from banquets and catering. They plan to open during the day for lunch and late afternoon food service, but do not expect to be open for the dinner hour unless a large number of people reserve the dining room area or there is a banquet planned. The license application before the council applies only to service of liquor on-site. Permits for liquor sales off-site are issued by the state. MN Law allows a Liquor Catering permit to be issued by the state to an establishment that holds an on-sale intoxicating liquor license issued by a city. Liquor sales by the holder of a Liquor Catering permit must be incidental to the service of prepared meals. The restaurant will be operating in leased space on the ground floor of the Interchange Tower in the area formerly occupied by Yvette’s Restaurant. Staff has been working with the building owner and the applicants to ensure that all building and zoning requirements for the use are met prior to issuance of the Certificate of Occupancy. Staff recommends approval of the application. Prepared By: Cynthia Reichert, City Clerk Approved By: Tom Harmening; Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 8a - Declaration of Mayor Pro-tem Page 1 of 2 8a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem Background: Minnesota State Statute section 412.121 states that at the first meeting of each year the Council shall choose an acting Mayor from the Council members. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Recommendation: Staff recommends that the Council consider each Councilmember and approve a resolution declaring a Mayor Pro-tem. Attachments: Resolution Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 010504 - 8a - Declaration of Mayor Pro-tem Page 2 of 2 RESOLUTION NO. 04-001 A RESOLUTION APPOINTING SUSAN SANGER TO THE OFFICE OF MAYOR PRO-TEM FOR THE YEAR 2004 WHEREAS, Minnesota State Statute Section 412.121 requires cities to choose each year an acting Mayor from the Council members; and WHEREAS, the acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor until a successor has been appointed and qualifies; and WHEREAS, the Council has carefully reviewed the qualifications of all Council members and has considered the desires of the residents and the welfare of the City as a whole, NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that Susan Sanger is hereby appointed Mayor Pro-tem of the City of St. Louis Park and shall serve in that capacity until a duly elected successor assumes the office at the first regular City Council meeting of the year 2005. Reviewed for Administration: Adopted by the City Council January 5, 2004 City Manager Mayor Attest: City Clerk