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HomeMy WebLinkAbout2004/04/12 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 12, 2004 7:30 p.m. 7:00 p.m. – Board/Commission Discussion 7:15 p.m. – Meet New Community Development Director Study Session to Follow Immediately After Regular Meeting 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Caring Youth Proclamation 3. Approval of Minutes a. City Council Minutes of March 15, 2004 Document b. City Council Study Session Minutes of March 15, 2004 Document c. City Council Special Meeting Minutes of March 22, 2004 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 6. Public Hearings 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Resolution confirming the appointment of Kevin Locke to the position of Director of Community Development Document Recommended Action: Motion to adopt resolution confirming the appointment of Kevin Locke to the position of Director of Community Development effective May 3, 2004._______________ 8b. City Engineer’s Report: 2004 Sidewalk Improvement Project – City Project No. 04-02 and Traffic Study No. 588 Document This report considers the construction of various sections of new sidewalk in accordance with the City’s sidewalk, trails, and bikeway plan and authorizing installation of parking restrictions. Recommended Action: 1. Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk. 2. Motion to adopt the attached resolution authorizing installation of “No Parking” restriction on the north and south sides of W. 41st Street from Utica Avenue to Wooddale Avenue. 8c. City Engineer’s Report: Traffic Signal Improvements on Louisiana Avenue at Highway 7 – Project No. 00-17 Document This report considers public improvements to Louisiana Avenue at Highway 7 with the installation of a permanent traffic signal at the intersection of Walker Street & Louisiana Avenue, the installation of a temporary traffic signal at Lake Street & Louisiana Avenue and the construction of dual left-turn lanes on Louisiana Avenue at Highway 7 Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 00-17, approving plans and specifications, and authorizing receipt of bids. 8d. Application to consider request of Dworsky Family Trust and the City for Comprehensive Plan map and text amendments to change land use designation for property located in the southwest quadrant of TH7 and Wooddale Avenue from Civic-Mixed-Use to Commercial Mixed-Use and right of way, and application of City to change the land use designation for property located in the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and to amend text in the Chapter U, Plan By Neighborhood, Elmwood Neighborhood to change the location of the designated transit station to correspond to the findings of the Elmwood Area Land Use, Transit, and Transportation Study, and to amend the text in Chapter P, Redevelopment to limit land use for the Dworsky property. Document Case No. 04-05-CP The proposal includes a request from the Dworsky Family Trust to amend the land use designation on their property at the southwest quadrant of TH7 and Wooddale Avenue to remove the “civic” designation from their property to enable a redevelopment plan. The proposal also includes changing the land use designation to the property identified in the Elmwood Study as a future transit station. Recommended Action: • Motion to adopt resolution approving a Comprehensive Plan map amendment changing land use designation from Civic-Mixed-Use to Commercial Mixed-Use and right of way for property on the southwest quadrant of TH7 and Wooddale Avenue contingent upon Chapter P text changes and Metropolitan Council approval. • Motion to adopt resolution approving a Comprehensive Plan map amendment changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed- Use and text amendments to Chapter P and Chapter U of Comprehensive Plan 2000 – 2020 contingent upon Metropolitan Council approval. 8e. Request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park Document Qwest Corporation is requesting a 10-foot by 4.3-foot easement along the northern boundary of Bronx Park along West 29th Street. Case No. 04-21-RE Recommended Action: Motion to approve first reading of ordinance granting a utility easement within a portion of Bronx Park and set second reading and a public hearing for May 3, 2004. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF APRIL 12, 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 Adopt a Resolution Authorizing Adoption of Hennepin County Hazard Mitigation Plan Document 4b Motion to approve second reading of Ordinance Code amendments to various sections of Chapter 36 related to zoning to eliminate definition for “usable open space”, add definitions for “open lot area” and “designed outdoor recreation area” and to standardize the application of these definitions including allowable reductions via the PUD process throughout the zoning districts; to approve summary publication and authorize its publication. Document 4c Motion to approve second reading and adopt an ordinance amending St. Louis Park Ordinance Code (Zoning) relating to allow catering as an accessory use to certain uses in the Office District; approve summary ordinance and authorize publication. Case Nos. 04- 02-ZA Document 4d Motion to Adopt a Resolution Approving the Final 2004 Equipment Replacement List Document 4e Motion to adopt the attached resolution for authorization to enter into a lease agreement between the City and VoiceStream Minneapolis, Inc. (VoiceStream) for space on the water tower at 2541 Nevada Avenue for communications antenna for an initial lease term of five (5) years with option for four (4) additional five (5) year renewal terms. Document 4f Motion to approve a contract with Barr Engineering for Professional Engineering Services related to the 2004 Flood Improvement Projects Document 4g Motion to approve a resolution authorizing the City of St. Louis Park to execute an agreement with the Minnehaha Creek Watershed District for the use of the Minnehaha Creek Management Model Document 4h Motion to accept for filing the Planning Commission Minutes of March 3, 2004 Document 4i Motion to approve the First Amendment to the Planning Development Contract by and between the City of St. Louis Park and MSP SLP Apartments, LLC dated. Document 4j Motion to Extend the Time Warner Cable Renewal Proceeding to November 1, 2004 Document 4k Motion to Receive the Telecommunications Advisory Commission 2003 Annual Report for Filing Document 4l Motion to accept vendor claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING APRIL 12, 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 Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 15, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Human Resources Director (Ms. Gohman), Director of Parks & Recreation (Ms. Walsh), Economic Development Coordinator (Mr. Hunt), Planning Coordinator (Ms. Erickson), Assistant Zoning Administrator (Mr. Morrison), and Administration Secretary (Ms. Olson). 2. Presentations 2a. Student Exchange Government Study Program Mayor Jacobs deferred the item to Communications as all students were not present for the presentation. 3. Approval of Minutes 3a. City Council Minutes of March 1, 2004 The minutes were accepted as presented. 3b. Study Session Minutes of February 23, 2004 Page 1, Item 1, Paragraph 6, add Councilmember Finkelstein wanted to ensure that there was not a reclassification of revenues so that franchise fees would not be paid on all services. 3c. Study Session Minutes of March 1, 2004 Page 2, Item 1, Paragraph 9, correct spelling of Councilmember Basill’s name 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. St. Louis Park City Council Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 2 4a Motion to approve second reading of Ordinance No. 2264-04 amending Chapter 36 of the Municipal Code to delete Section 36-80 Erosion Control subject to the adoption of the Stormwater Ordinance, adopt ordinance, and approve summary publication. 4b Motion to approve the second reading of Ordinance No. 2265-04 amending Chapter 12 of the ordinance code to add Article V regarding stormwater, approve the summary, and authorize summary publication. 4c Motion to adopt Resolution No. 04-039 authorizing restriction of parking along the north and south sides of the Trunk Highway 7 north Frontage Road, west of Wooddale Avenue near the Spanish Immersion School/Community Center at 6300 Walker Street. 4d Removed 4e Motion to approve a Temporary On-Sale Intoxicating Liquor License – Minneapolis Jewish Day School, 4330 Cedar Lake Road, St. Louis Park for March 28, 2004. 4f Motion to adopt the Resolution No. 04-040 authorizing installation of temporary permit parking in front of 3128 Idaho Avenue South. 4g Motion to approve grant fund award and adopt Resolution No. 04-041 authorizing execution of an agreement with the Office of Justice Programs. 4h Motion to approve 2nd Reading of Ordinance No. 2266-04 authorizing the sale of City real property to Excelsior & Grand II, LLC, approve the summary and authorize summary publication 4i Motion to accept for filing the Planning Commission Minutes of February 18, 2004 4j Motion to accept for filing the Park and Recreation Advisory Commission Minutes of December 17, 2003 4k Motion to accept for filing the Park and Recreation Advisory Commission Minutes of January 15, 2004 4l Motion to accept for filing the Fire Civil Service Commission Minutes of December 29, 2004 4m Motion to accept Vendor Claims for filing It was motioned by Councilmember Sanger, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. Motion passed 7-0. 5. Boards and Commissions It was motioned by Councilmember Sanger, seconded by Councilmember Finkelstein, to appoint Steve Fillbrandt to the Housing Authority. Motion passed 7-0. 6. Public Hearings - None St. Louis Park City Council Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 3 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Police Officer Union Contract 1/1/04 – 12/31/05 Ms. Gohman stated that she was pleased to bring the third of five union contracts to the Council. She stated that through two negotiation meetings they reached to an agreement that was consistent with other settlements. She stated that there would be a two percent increase as of January 2004 with a one percent increase in July 2004 and ending with a three percent increase as of January 2005. Cafeteria benefit increases would be similar to other agreements. Ms. Gohman stated that language was added to clarify the one year probationary period. She added that they amended the language regarding injury on duty to make it easier to process in payroll. The term overall was added in the performance pay section. The field training supplemental pay was calculated into an hourly rate. Uniform pay was clarified to be paid out in the first check of February. Councilmember Omodt inquired if the union was happy with the negotiations and Ms. Gohman replied that she thought them to be so. She clarified that the union does vote on the contract once the negotiation has come to an agreement and they have voted on the contract. It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution m04-042 approving the police officer union contract for January 2004 through December 2005. Motion passed 7-0. Councilmember Basill asked if the addition of overall to the performance pay meant they had to be above average in all categories. Ms. Gohman replied that the Chief of Police maintains what the criteria would be. Mayor Jacobs extended his congratulations to both the management team and the union. 8b. Resolution Opposing Tax and Expenditure Limitation Proposals and a Proposed Constitutional Amendment Limiting Growth of Spending Mr. Harmening reported that Council and staff had spoken with legislators earlier regarding an amendment to the Constitution to place limits or controls on how government can raise revenues for operations. The resolution is opposing the Tax Payers Bill of Rights proposal and the concern is that it takes away responsibility from elected officials and that government would be run from a formula rather than need. It was motioned by Councilmember Sanger, seconded by Councilmember Velick, to approve Resolution No. 04-043 opposing tax and expenditure limitation proposals and a proposed constitutional amendment limiting growth of spending. St. Louis Park City Council Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 4 Motion passed 7-0. 8c. Oak Hill Park Improvements Ms. Walsh stated that there will be a number of improvements happening this year including a warming house shelter, picnic shelter, and adding a water feature in place of the wading pool. She added that the parking lot and trails would be resurfaced and stormwater management issues will need to be looked at. Ms. Walsh had invited the surrounding neighbors to several meetings to talk conceptually about what should be in the picnic and warming shelters as well as a water feature. She felt that residents were comfortable with what the consultant and staff had come up with. She stated they wanted to keep a consistent theme with the green roofs on the park buildings. She felt the bidding climate was good; however, if they do not get good bids they would remove some of the masonry work on the warming house. She stated that residents wanted an outdoor view of the water feature and they accommodated that by creating an overhang where parents could sit and watch their children. Ms. Walsh reported that there was outdoor access to the restrooms. Ms. Walsh said staff would like to include an outdoor fire pit at the picnic shelter. Residents would like the shelter to accommodate 100 people and Ms. Walsh felt they were close to doing so. Ms. Walsh stated that the water feature is a splash pad that is activated by touch and is set on a timer. Staff would be able to set it for a variable amount of time. The splash pad would also have a splash area where smaller children could sit. Technically the splash pad is not considered a pool. Ms. Walsh reported that the vendor of the splash pad is located in Minnetonka and since this is a fairly new concept, the vendor is looking for this to be a show piece. Councilmember Santa wanted to note that the residents liked the idea of the water being recycled which creates an ecological savings. She added that parents would like to see the area fenced in to protect it from animals. To create expectations of allowable behavior, residents felt that rules needed to be posted. Councilmember Sanger inquired when the feature would be ready for use. Ms. Walsh replied that they are aiming for this summer but worst case scenario would be next year. Ms. Walsh stated that residents expressed much of concern about the removal of the traffic signal from Texas Ave and 33rd St. W. Councilmember Santa reported that residents west of Texas Ave were concerned about crossing Texas with small children and strollers. Mr. Harmening expressed staff’s desire to discuss those asset removals with Council at a future meeting date. St. Louis Park City Council Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 5 It was motioned by Councilmember Santa, seconded by Councilmember Omodt, to approve plans and specifications for the buildings at Oak Hill Park and authorize solicitation of bids for the project. Motion passed 7-0. 8d. Proposed amendments to various sections of Chapter 36 of the Ordinance Code (pertaining to zoning) to redefine and standardize open space requirements in the various zoning districts. Ms. Erickson reported that the proposed ordinance would delete the definition for open space and replaces it with definitions for open lot area and designed outdoor recreational area. Staff maintained the numerical requirements for square footage though a change was made on where it could be located on the lot. Requirements for multi-family housing were made consistent throughout the code. A mechanism was put in place that would allow consistent reductions for the PUD process. Changes that were discussed with Council earlier were brought to the Planning Commission and approved 7-0. Councilmember Sanger felt there were conflicting standards in the language involving cluster housing where it states that it should contain either 400 square feet of open lot area or 12% designed outdoor recreational area. She felt that it did not state whichever is greater. Ms. Erickson stated that in some cases of cluster housing, each unit has its own private area where others have a community area. Councilmember Sanger would like the ordinance to be clear that the 400 square feet is per unit and not on average. Councilmember Finkelstein inquired what the effects would be in reducing R-1 from 600 to 400. She stated that it was not reduced. It was motioned by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of Ordinance Code amendments to various sections of Chapter 36 related to zoning to eliminate definition for “usable open space”, add definitions for “open lot area” and “designed outdoor recreation area” and to standardize the application of these definitions throughout Chapter 36 and to set second reading for April 12, 2004. Motion passed 7-0. 8e. WHIOP Real Estate LTD’s application for an amendments to St. Louis Park Ordinance Code (Zoning) to allow catering as an accessory use to certain uses in the Office District. Mr. Morrison reported that WHIOP has applied for a text amendment to allow catering as an accessory use in the office district. He stated that catering is allowed in the commercial, industrial, and MX districts. Catering is not currently allowed in office districts. Staff has reviewed the application and suggested an alternative plan. The ordinance would amend the Zoning Code to show how catering would be allowed in the zoning districts and would remove St. Louis Park City Council Meeting 041204 - 3a - City Council Minutes of3-15-04 Page 6 grocery stores from the catering accessory uses list. Ms. Morrison stated that they would require all vehicles used with catering be parked in a screened area or parking structure. Councilmember Finkelstein inquired about not allowing grocery stores to have catering as an accessory use in the MX district. He felt that it would restrict some of the uses and the building owner would be forced to choose one or the other. Mr. Morrison replied that grocery stores are not a separate land use category and are considered retail. He stated that the grocery stores are not an intended use in the office district. It was motioned by Councilmember Velick, seconded by Councilmember Sanger, to approve 1st reading of an ordinance amending Section 36-115 and 36-223(f) regarding catering and set second reading for the April 12th City Council meeting. Motion passed 7-0. 9. Communications Mayor J acobs introduced Sarah Morari. She introduced herself and informed Council that she was a YES cluster leader for the Youth Exchange Study program for PAX, the Program for Academic Exchange. She reported that the students are all scholarship students as well as leaders in their home countries. The students are from Egypt, Malaysia, and Turkey. The goal of the program is to give the students the opportunity to study government across the world. Mayor Jacobs presented certificates to the following students: Yi-Liang Yap, Sarah Shanwan, and Seray Serol. Adhie Fitriady was not present. Mayor Jacobs reminded the public about the recognition event for board and commission members to be held on Monday, March 22 at 6:30 in the Council Chambers. Mayor Jacobs also reminded the public about the Empty Bowls event on Thursday, March 18 at the Rec Center. Councilmember Finkelstein reported that he will be absent from the next meeting. 10. Adjournment The meeting adjourned at 8:22 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 041204 - 3b - Study Session Minutes of 3-15-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION March 15, 2004 The meeting convened at 8:28 p.m. Councilmembers present were John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Parks and Recreation (Ms. Walsh), Recreation Superintendent (Mr. Birno), Nature Center Manager (Mr. Oestreich), Economic Development Coordinator (Mr. Hunt), Planning Coordinator (Ms. Erickson), and Administration Secretary (Ms. Olson). 1. Short and Long Term Uses - City Owned Houses at Westwood Hills Nature Center Ms. Walsh stated that the two homes were acquired in the late 1970’s. She stated that one of the houses is rented to the Westwood Hills Nature Center Manager. She reported that both homes were in need of repair. She added that Council would have to decide whether to sell the homes or make the repairs. There are some restrictions involved with the sale of the property and the City Attorney would need to review it. Councilmember Velick asked what the restrictions are. Ms. Walsh stated that the property was acquired with a grant that had restrictions dealing with keeping the property for a public use. Mr. Oestreich said the purpose of the grant was to preserve it for open space use. He believed if the property was sold the city would have to purchase adjacent land for park use and if there was no adjacent the city would be required to purchase land and restore it to a native state. Councilmember Sanger inquired how the rental house is used for a public purpose. Mr. Oestreich replied that it has a shared driveway with the brick house and provides parking as well. He added that he acts as an on site caretaker for the Westwood Nature Center. Councilmember Sanger inquired if the rental house has always been rented out to a city staff person. Ms. Walsh replied that it had always been rented out but she could not confirm that it was staff. Councilmember Sanger expressed her concerns about the low rental rate compared to market value. Ms. Walsh stated that assessing looked at the property and they do intend to determine what the cost should be. Mr. Harmening stated reasons to possibly sell the homes would be to allow present neighbors to add the land to their property or allow for further development. He felt that if Council would like staff to look into what their obligations are, from a legal standpoint, they could certainly do so. Councilmember Velick said if the property were to be sold, it would have to go for public use. Mr. Harmening replied that if Council considers disposal of the property, staff would have to research how onerous of a requirement that is. Councilmember Sanger would like to see some research done. Council agreed. St. Louis Park City Council Meeting 041204 - 3b - Study Session Minutes of 3-15-04 Page 2 Mayor Jacobs would like to know if money from the sale could be used to fund something in another park. Councilmember Velick felt the brick house has historical value and she would not want to see it sold. Mr. Oestreich would like to see the brick house used for programming purposes. He added that by having the brick house, programs have not been interrupted by the remodeling of the Nature Center. Councilmember Sanger inquired about the cost to do the repairs. Ms. Walsh replied that it would be about $30,000 per house. Councilmember Finkelstein would like staff to research the market value of the property and if the property were sold, he only wanted single family homes. Councilmember Velick clarified that they were considering a portion of the property, not the two homes. Mr. Oestreich stated that in past years the property owner south of the brick house had wanted to subdivide his property and put single family homes on it. Ms. Walsh summarized that Council wanted staff to research legal ramifications as well as the market value of the property. 2. Parktacular Mr. Birno distributed the new recreation program brochure as well as the layout for the Parktacular banner. He said they would like financial independence, clarification on insurance issues and condensing the length of the celebration. Ms. Walsh stated that they have been working closely with the Parktacular committee to get a focus and vision of the celebration. She stated that they are trying to have more events in a shorter amount of time. Councilmember Sanger inquired if they were a 501(C)3 organization. Ms. Walsh stated that staff is working with them to accomplish that. Ms. Walsh had spoken with the committee and informed them that they do not have the financial resources to fund them. She added that the city’s auditors were concerned about the use of city funds. Councilmember Sanger would like to see a limit on the how the committee is supported and would like to see them as a separate entity. Councilmember Sanger was supportive of a liaison to the committee. Ms. Walsh explained that most of the funds go toward the Royalty and the float. Councilmember Finkelstein wanted clarification on the Royalty. Mayor Jacobs explained the Ambassador program. Ms. Walsh stated that as of last budget adoption, Parktacular is not being financially supported by the City. She reported that the city does do some of the work with music, entertainment, and fireworks, which she feels is appropriate. Councilmember Finkelstein inquired about what liability the city holds on Parktacular activities. Ms. Walsh replied that in past years it was quite a lot. Ms. Walsh did state that Parktacular had purchased their own insurance. Mr. Birno stated that for some events city staff such as fire and police is deeply involved and they try their best to prevent any issues and incidents. St. Louis Park City Council Meeting 041204 - 3b - Study Session Minutes of 3-15-04 Page 3 Councilmember Finkelstein inquired if the city could establish a date by which the Parktacular committee is incorporated as a non-profit. Mr. Birno stated that with city support perhaps they could although at this point they are just a group of volunteers. Councilmember Finkelstein would like to see this happen before this year’s Parktacular events. Mr. Harmening stated that they may not be able to do so but would certainly have it in place by 2005. Councilmember Santa had concerns that spontaneous events were not going to happen this year. Ms. Walsh replied that staff, because of their heavy involvement, could inform the committee that Council would like to see that all events are listed. Ms. Walsh stated that they also have incorporated the grand opening of the skate park into the list of events. Mr. Birno stated that the carnival will be held in the bus lane of the Rec Center. Housing of carnival staff will be outside of the city. Councilmember Finkelstein inquired if the rides have been inspected and how they could be reassured that the rides are safe. Mayor Jacobs thought the state licensed them and took care of inspections. Mr. Birno reported that the parade route will be the same as last year and go through Excelsior & Grand. Councilmember Basill reported that he had received comments on residents wanting signs posted near France Ave. for traffic. Mr. Birno listed the entertainment they had lined up. Councilmember Basill would like to make sure the Veteran’s Memorial is not blocked by vehicles. Council discussed whether a faith based program was appropriate for the activities as well an appropriate use of city land and facilities. Council felt that representatives from all faiths should be present at the service. Mr. Birno stated that they will plan on discontinuing the service in the coming years. Mr. Birno stated that the Charter Commission would hold an event on the last day for its 50th anniversary. Councilmember Finkelstein would like to see the Battle of the Bands return and Ms. Walsh replied that it had been removed due to budget cuts. Mr. Birno stated that staff helped create banners that they will put at city monuments. He hoped that they will bring in more people. 3. Quadion Tim Whitten, Rottlund Homes; Michael Noonan, Rottlund Homes; Jim Voss, Cressa Partners; Jim Landy, Quadion Corp.; Steve Bubul, Kennedy & Graven; and Mark Ruff, Ehlers & Associates were present at the meeting. Ms. Erickson explained Alternative 1 and 2 development plans. She reported staff’s concern about the stormwater pond. She stated that the proposed retaining wall would be approximately the size of a football field on two sides of the pond. Staff felt that some screening could be done on the wall. Councilmember Sanger inquired why the retaining wall was necessary and Mr. Harmening replied that a slope up to the buildings is necessary to maximize the amount of land that could be used for the development which allows the developers to maximize the number of St. Louis Park City Council Meeting 041204 - 3b - Study Session Minutes of 3-15-04 Page 4 units. Ms. Erickson stated that the stormwater pond is within the smallest area that will meet requirements for water retention. To make it any larger would cost housing and increase the financial funding gap. Ms. Erickson reported that the proposed senior building and condominium building are proposed to be higher than the zoned district allows, thus resulting in a need for a PUD modification. The underground parking for the condominium building is actually street level on Wooddale Avenue and would mean the whole garage level plus four stories above ground level. She stated that they would like the senior building to have direct pedestrian access to the transit station. Mr. Noonan stated that they had worked hard with staff to lower the buildings but felt that due to where the street and entrance are located and the grading and the ponding there was not any other alternatives. Councilmember Sanger inquired how the pond and garage are tied in together. Mr. Noonan stated they needed to provide separation for public safety. He stated that that originally they did not believe they could waterproof the garage walls which now due to certain accommodations they can do. Councilmember Basill emphasized the need for the wall to be aesthetically pleasing by using plants or decorative stucco. Mr. Noonan felt there was another issue. He said staff stated that the zoning code only allows for three stories in the R4 zone unless a PUD modification is consistent with the Comp Plan. He felt that since they had already presented to both the Planning Commission and Council that it may go four stories, they should be allowed to skip the Comp Plan amendment and move straight forward with the PUD process. Mr. Harmening felt they should consult with their attorney to see if that is feasible. Secondly, he felt it would be beneficial to disclose to the neighborhood the actual height of the buildings. Mr. Voss stated that the houses on Oxford St. will get more of a view of the retaining wall. Councilmember Sanger inquired if the height of the north senior building was an impediment to access to the transit station. Ms. Erickson replied that it would be difficult. The developer felt it could be done. Councilmember Basill wanted to be sure the neighborhood was aware that the buildings would be very close to same height as Quadion headquarters. Mr. Harmening stated that they were seeking a Comp Plan amendment to allow certain height modifications in that district. Councilmember Finkelstein had concerns about the pond and making sure it looks attractive. Mr. Hunt reported that under Alternative 2, no financial assistance was needed. Under Alternative 1, the developer is asking for approximately $800,000. Mr. Ruff reported that the general request for assistance is due largely to the acquisition of two houses as well costs associated with not being able to sell the two existing houses. It is Ehlers opinion that the developers would need approximately $425,000-$770,000. Mr. Ruff would like to more accurately determine the increased cost of site preparation associated with a greater amount of area. He stated that Rottlund has also agreed to a look-back provision. He wanted to ensure that financial need was established and documented. Mr. Harmening clarified that whether Sherman participates in the project has no bearing on Rottlund’s need for financial assistance. St. Louis Park City Council Meeting 041204 - 3b - Study Session Minutes of 3-15-04 Page 5 Councilmember Sanger clarified that they would not be voting on the amount of TIF the following week and that would be a separate decision. Mr. Harmening updated the Council that Rottlund has acquired consents for all properties and that allows Council to vote on Alternative 1. Three options for Council action include approving only Alternative 1, approve Alternative 1 with Alternative 2 as a back-up, or only approve Alternative 2. Councilmember Sanger inquired if they approve Alternative 1 with Alternative 2 as back-up, could Rottlund close on the property. Mr. Whitten replied that they could close. Council agreed that this would be the best option. Mr. Harmening emphasized that they would not have a final TIF amount by Monday night. Councilmember Basill inquired if they could include a requirement that the developer must go with Alternative 1 if the TIF amount is set within a Council approved maximum. The Council did not feel comfortable with that proposal. Councilmember Basill emphasized the expectation that there is a senior component in the project even if Sherman Associates is removed from the project. Mr. Bubul stated that one of sellers had asked the City/EDA to send a letter stating that if an agreement is not reached on the purchase of the home that condemnation will be considered. The letter offers a benefit to the property owner regarding capital gains tax laws. 4. Communications Councilmember Sanger would like approve a resolution of support for legislation to ban smoking in all workplaces statewide and she would provide a draft. Councilmember Basill felt that it was a divisive issue. He did not appose a statewide ban but questioned if the city should be doing this. Councilmember Omodt agreed. Mayor Jacobs did not want to revisit the smoking issue. Mr. Harmening updated the Council on the status of SLP Soccer Association issues. The Council discussed the level of involvement needed as well liability issues. 5. Adjournment The meeting was adjourned at 11:02 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 041204 - 3c - Special Meeting Minutes of 3-22-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL SPECIAL MEETING March 22, 2004 The meeting convened at 8:00 p.m. Present at the meeting were Councilmembers John Basill, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs. Also present: City Manager (Mr. Harmening), Planning and Zoning Supervisor (Ms. Jeremiah), Planning Coordinator (Ms. Erickson), and City Clerk (Ms. Reichert) 2 Request of Rottlund Homes (Quadion Corporation) for a preliminary PUD and plat for property located at 3630 Wooddale Ave, 5951 and 5957 W 37th Street, 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street Case Nos. 03-73-PUD, 03-74-S Ms. Erickson gave background on the site and previous zoning of the property. She described the two alternatives and the features of each alternative. She stated that staff felt they could mitigate the effect of the retaining wall of the stormwater pond. Staff felt that most of the issues have been resolved with the developer although building height still remains an issue. The Elmwood Study showed a new streetscape on Wooddale Ave. and a future transit station along the LRT corridor. Staff was concerned that the development should have a pedestrian edge to it along Wooddale Ave. and W 36th St. rather than being a centrally focused plan. Ms. Erickson explained the privacy hedge separating public and private space and the stoops designed in the development. She described the different first floor elevations and the views at pedestrian level. Staff’s would like to see building height relating directly with the street along Wooddale Ave. Rottlund had expressed concerns about drainage on the site and its relation to the building height. Councilmember Basill clarified that the number of units in Alternative 2 was 206 units. He inquired if the retaining wall could be eliminated if a few town homes were removed and the stormwater pond enlarged. Ms. Erickson replied that a complete remodeling of stormwater would need to be done to determine that. Councilmember Basill emphasized the need for complete access to Wooddale Ave. He felt the buffer yards were very important along Oxford St. Councilmember Basill had a concern about cut through traffic and felt there were safety concerns with turning Oxford St. back into a two-way street as suggested in the staff report. Mr. Tim Whitten, Rottlund Homes, was present. He introduced Tim Himmer (Rottlund), Dave Nash (MFRA), Jim Voss (Cressa), and Jim Landy (Quadion). He stated that they could drop the garage and floor level by two feet and did not feel they had a worst case scenario with relation to the street. He added that the exposed garage doors would be on the interior of the development and not visible from the perimeter. He didn’t feel there was a lot of exposed block where it would warrant window requirements for the garage. Rottlund is willing to look at creating a St. Louis Park City Council Meeting 041204 - 3c - Special Meeting Minutes of 3-22-04 Page 2 direct entrance onto Wooddale for the condominium building to allow access to the park and Wooddale. He felt they could make the same connection for the senior building as well. Mr. Whitten explained that the developer did not feel the underground stormwater storage would be feasible. He gave a presentation on how the buildings would be viewed from the neighborhood. Mr. Whitten felt that the condition regarding an entrance off of 36th which would be a secondary entrance. There was a condition on the materials used on the ground floor elevation along Wooddale and Mr. Whitten felt they could work with staff on that issue. He reported that there was a condition that they comply with DORA (Designed Outdoor Recreation Area) and he did not know how they would design that as yet. He stated that they could do a tiered retaining wall. Mr. Whitten felt that lift stations were not needed at every garage entrance. Ms. Erickson replied that change had already been made in the resolution. Councilmember Sanger had concerns that Rottlund had not completed the stormwater remodeling. Mr. Nash stated that the modelings for both alternatives have been done. Ms. Erickson clarified that no modeling had been done should the pond be expanded and two units removed. Councilmember Sanger asked if an underground storage tank was used if the pond would not be so steep. Mr. Nash reported that building elevations are relevant to the pond elevation which is dictated by the storm sewer outlet pipe which is an existing condition. He did not feel that there was another alternative to make the pond smaller. Councilmember Sanger would like to the developer look at placing an underground storage tank somewhere on the property to help reduce the pond. She felt that by lowering the pond they could lower the retaining wall which she did not find to be aesthetically pleasing as it currently is. Mr. Nash stated that they would need watershed approval for the stormwater plan and they may not approve an underground tank. Councilmember Basill clarified that they want to reduce the volume of the pond not the surface area. Brian Fortmeyer, 5818 Goodrich Ave, inquired why the building to the right of the pond went from two buildings to one building. Mr. Whitten replied that it was due to interior roadway design concerns and it also reduced the size of the open space use. Mr. Fortmeyer was concerned that residents to the south would only have a view of buildings. Mr. Whitten showed the landscaping plan. Mr. Harmening stated that this development is required to make a payment in lieu of parkland dedication and it would be up to Council on how to use those funds. Ms. Erickson clarified that the reason why staff contemplated making Oxford St. two-way was because as a one way street emergency vehicles and city staff had to go around the block to access the neighborhood. Jim Blomberg, 3771 Alabama Ave S., wanted to know if the front of the structures could be softened to fit into the surrounding neighborhood perhaps by use of more wood than brick. Mr. Whitten stated that they would be willing to do so however, they are required to use certain materials. Mr. Blomberg would like to see Oxford St. kept a one-way street. Scott Simonett, 6232 Oxford St., stated that he was concerned with the height of the senior rental housing building. He did not want to see a precedent set for future developers to go with higher St. Louis Park City Council Meeting 041204 - 3c - Special Meeting Minutes of 3-22-04 Page 3 buildings. Mr. Whitten clarified that the building is going to be four stories. Mr. Simonett expressed his concerns regarding the developer’s application for TIF funds. Jess Ford, 6215 Oxford St., stated the neighborhood’s support for the development. He had concerns that the neighborhood continue to be involved in the planning, design and aesthetics. Ms. Jeremiah clarified that Council has the opportunity to call for a public hearing at final PUD. Mayor Jacobs felt that was appropriate. Ms. Erickson explained that the preliminary PUD adopts a resolution that lists conditions of approval and those conditions must be met in the final plans. Councilmember Basill would like the final PUD to be a public process and would like to call a public hearing. He felt they were on a tight timeline and he wanted to ensure neighborhood participation. Councilmember Basill felt they need to work on height as they move forward. Mr. Whitten would like to see allowable height determined in the application. Ms. Jeremiah informed Council that they still could grant height in excess of forty-five feet at the time of final PUD if they hold a public hearing. It was motioned by Councilmember Basill, seconded by Councilmember Omodt, to approve Resolution for a Preliminary PUD and Plat for property located at 3630 Wooddale Ave, 5951 and 5957 W 37th Street, 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street, add a public hearing to the Final PUD, make a good faith effort to achieve improved stormwater design and superior design of the parking garages for Final PUD. Motion passed 6-0. Mayor Jacobs thanked the neighborhood, developers, and all involved with the project. Mr. Whitten acknowledged the hard work of Michael Noonan. 3. Adjournment The meeting was adjourned at 9:34 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 041204 - 4a - Hennepin County Mitigation Plan Page 1 4a. Motion to Adopt a Resolution Authorizing Adoption of Hennepin County Hazard Mitigation Plan Background: As was indicated in a staff report for the March 29, 2004, study session, the Federal Emergency Management Agency determined in the Mitigation Act of 2000, that each city must have a hazard mitigation plan. If a jurisdiction does not have a hazard mitigation plan, disaster funds may be limited in the future. Hennepin County Emergency Preparedness received a grant to write a hazard mitigation plan to cover every city and township in the county. Each city must adopt the Hennepin County Hazard Mitigation Plan as part of its own emergency plan. There are no substantive changes in procedures and no funds are requested. Recommendation: Motion to adopt a resolution to approve the Hennepin County Hazard Mitigation as written and to incorporated it into the St. Louis Park Emergency Plan. Attachments: Resolution (Hazard Mitigation Plan available for review in the Office of the City Clerk) Prepared by: Luke Stemmer, Fire Chief Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4a - Hennepin County Mitigation Plan Page 2 CITY OF ST. LOUIS PARK RESOLUTION NO. 04-049 RESOLUTION ADOPTING THE HENNEPIN COUNTY MITIGATION PLAN AS PART OF THE ST. LOUIS PARK EMERGENCY PLAN WHEREAS, the City of St. Louis Park participated in the Hennepin County hazard mitigation planning process as established under the Hazard Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitigation plan; and WHEREAS, the county as part of the planning process with the cities established a public participation process and local coordination among county and neighboring local units of government, businesses and other organizations; and WHEREAS, the plan includes a risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan includes a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the county will maintain city and public participation and coordination; and WHEREAS, the draft plan was shared with state and federal agencies for review and comment; and WHEREAS, the county has notified the public of its intent to adopt the hazard mitigation plan, and has made the plan available on the Hennepin County website for public comment prior to final adoption by the city council and County Board as required by Minnesota Statutes 375.51 and 394.26. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Hennepin County Hazard Mitigation Plan be adopted and incorporated into the City of St. Louis Park Emergency Plan. (Insert Signature Block Here) St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 1 4b. Motion to approve second reading of Ordinance Code amendments to various sections of Chapter 36 related to zoning to eliminate definition for “usable open space”, add definitions for “open lot area” and “designed outdoor recreation area” and to standardize the application of these definitions including allowable reductions via the PUD process throughout the zoning districts; to approve summary publication and authorize its publication. Background: On October 24, 2003, the City Council reviewed existing regulations regarding usable open space as well as options to standardize the requirements among zoning districts and to ensure a higher standard for open space in multi-family developments. On November 11, 2003, the Planning Commission held a public hearing and approved text amendments to Chapter 36 of the Ordinance Code pertaining to redefining and standardizing how open space requirements are regulated throughout the various zoning districts. This was followed by another City Council Study Session on December 8, 2004. At that time the Council requested additional information about the current status of single family lots in the R1 zoning district. The Council reviewed open space during a subsequent study session in February. Council direction was to preserve the existing R1 open area requirement. The Planning Commission held another public hearing on March 3, 2004, when they reviewed specific text relative to various residential land uses, including single family, multi-family, cluster housing, nursing homes, group homes, etc. (Standardization of the nursing home and group home requirements was not considered by the Planning Commission previously.) The Planning Commission recommended approval of the proposed text with one change to the staff recommendation. The Planning Commission proposed that swimming pools should be allowed to occupy a certain percentage (up to 50% was suggested) of the open lot area on a single family lot. They also suggested that the table should be incorporated into the code. The Planning Commission recommended approval on a vote of 7-0. The City Council approved first reading of the proposed Ordinance amendments on March 15, 2004. Councilmember Sanger inquired relative to what appeared as conflicting standards in the language involving cluster housing where it states that each townhouse lot shall contain either 400 square feet of open lot area per unit or the greater development shall contain 12% designed outdoor recreational area. The language has been modified to clarify this concern. A question was received from a member of the public related to the definition of “open lot area”. Staff reviewed the proposed definition and found it consistent to how the previous definition of “open space” was described and measured. Staff responded to the resident regarding how the measurement is interpreted and implemented. No changes were made to the definition. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 2 The proposed changes accomplish the following: 1. Incorporate uniform standards for open space for similar uses throughout the zoning code (except that a higher standard has been retained for single family residences in the R-1 District). 2. Require open space for multi-family projects that is truly usable and designed for the active and/or passive use of its residents. 3. Correct a flaw in language that restricted the area that open space could be counted on single family lots (rear yard vs. back yard). 4. Incorporate consistent criteria via the PUD process for approving open space reductions for all projects. Recommendation: Staff and the Planning Commission recommend approval of second reading of the proposed text changes to the zoning code as indicated on the attached proposed ordinance. Attachments: Proposed zoning text changes Prepared By: Judie Erickson, Planning Coordinator (952) 924-2574 email jerickson@stlouispark.org Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 3 ORDINANCE NO. 2267-04 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-36, 36-37, 36-72, 36-115, 36-142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36-223, 36-266, and 36-367 REDEFINING AND STANDARDIZING OPEN SPACE REQUIREMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-70-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-36, 36-37, 36-72, 36-115, 36-142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36- 223, 36-266, and 36-367are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Definition: Sec 36.4 Usable open space means a required ground area or terrace on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the lot and their guests. Usable open space has a minimum dimension of 30 feet. Roofs, driveways and parking areas do not constitute usable open space. Designed Outdoor Recreational Area means designed outdoor space intended for passive or active recreation accessible and suited to the needs of residents and/or employees. The area shall be functional and aesthetic, designed with clear edges, relate to the principal building or buildings, include sidewalk connections, seating, landscaping, and other amenities. The area should be compatible with or enlarge upon existing pedestrian links and public parks or open space and may include swimming pools, tot lots, courtyards, plazas, picnic areas, and trails within natural areas. Outdoor recreational areas shall not include driveways, parking areas, steep slopes, or ponds designed solely for stormwater retention. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 4 Open Lot Area means an area of a lot, not located within a front yard or side yard abutting a street that has a minimum dimension of 20 feet in all directions and does not include a building, driveway, outdoor storage, or parking space. Open covered porches, gazebos, decks, and patios are permitted encroachments into the open lot area. Swimming pools are permitted encroachments provided they do not occupy more than 50% of the open lot area. Sec. 36-36 Continuation of certain special permits. *** (d) General conditions for continued special permit uses. All land uses subject to continued special permits are subject to the following general conditions: *** (4) (b) Any nonconformities existing on the site shall be brought into greater or complete compliance with other provisions of this chapter to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions: *** 8. Usable open space Designed Outdoor Recreational Area and Open Lot Area *** Sec. 36-37 Enforcement *** (a)(7) The yards, parking spaces, and open spaces designed outdoor recreation area, and open lot area required by this chapter for buildings existing at the time of adoption of the ordinance from which this chapter is derived or for any building erected after its adoption, shall not be encroached upon or considered as part of the yard, parking space, , or open spaces designed outdoor recreation area, or open lot area required for any other building unless joint use of parking or a combination of yards or open spaces designed outdoor recreation area or open lot area is specifically authorized by this chapter. No lot shall be divided nor shall any structure be erected or altered to reduce the floor area ratio below that required by this chapter for the district in which the lot is located. Sec. 36-72. Required yards and open space. (a) The area of a yard, bufferyard, or other open space designed outdoor recreation area, or open lot area shall not be reduced below the minimum size required by this chapter. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 5 *** (c) If the existing bufferyard or other open space designed outdoor recreation area, or open lot area is less than the minimum size required by this chapter, it shall not be reduced in size. (d) No yard or open space designed outdoor recreation area, or open lot area which is required by this chapter for any structures shall be included as a part of any yard or open space which is required by this chapter for another structure, except as provided in the regulations concerning the bufferyard. (e) Usable open space which is required by this chapter shall contain improvements such as outdoor swimming pools, patio areas, game areas, landscaped and grassy areas which contain benches, sculpture gardens, pedestrian paths and trails, or similar outdoor fixtures or features. Usable open space shall be available and accessible to and usable by all persons occupying the dwelling units, group facility, or other use for which the usable open space is required. *** Section 36-115 Land use by zoning district: interpretation of land use tables. TABLE 36-115B ZONING DISTRICTS TABLE OF BULK REGULATIONS R1 R2 R3 R4 RC C1 C2 O IP IG MX Open space per dwelling unit 600 400 400 400 400 N/A N/A N/A N/A N/A N/A *** TABLE 36-115D OPEN SPACE REQUIREMENTS St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 6 Zoning District Single Family Cluster Housing Multi- Family Elderly Housing Nursing Home Group Home R1-Single Family Residential 600/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R2-Single Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R3-Two-Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R4-Multi-Family Residential 400/OLA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA RC-Multi-Family Residential NA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA C1-Neighborhood Commercial NA NA 12% DORA 12% DORA NA NA C2-General Commercial NA NA 12% DORA 12% DORA NA NA O-Office NA NA 12% DORA 12% DORA NA NA MX-Mixed Use NA NA 12% DORA 12% DORA NA NA Reductions may be allowed via the PUD process, if the development meets certain criteria. OLA = Open Lot Area DORA = Designed Outdoor Recreation Area Sec. 36-142. Descriptions. (a) Residential uses. The following are typical of the residential uses referred to in this chapter. *** (8) Nursing home means a licensed health care facility providing lodging and 24-hour care for medically or physically impaired persons usually on a long-term basis. Residents of the facility do not have private apartments or kitchens. This use includes a food service and may include supporting medical and retail services for the residents. A quiet area is preferred and usable outdoor open space is required. Section 36-163 R-1 single-family residential district. *** (c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection. (1) Group home/nonstatutory. The conditions are as follows: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. At least 150 square feet of usable open space shall be provided for each person housed on the site At least 12% of the lot area shall be developed as designed outdoor recreation area. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 7 *** (d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not have less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. 5. There shall be 600 square feet of usable open space for each dwelling unit. This requirement may be reduced to 400 square feet if the use is located adjacent or across the street from public protected parks or open space and the proposal is found to promote goals and policies of the city. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. 6. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 8 presence of a superior development shall be determined by reference to the following criteria: 1. The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions. 2. Suitable provisions for permanently retaining and maintaining the amenities and open space. 3. Building location, building groupings, landscaping, views to and from the units, building forms and materials, recognition of existing development and public facilities, and city goals and policies including the comprehensive plan as well as specific plans for the area. *** (f) Dimensional standards/densities. *** (12) Each lot developed with a single-family residence shall contain at least 600 square feet of usable open space in the rear yard open lot area. For the purpose of this section, usable open space shall have a minimum dimension of 20 feet in all directions and shall not contain any structures or parking. *** Sec. 36-164. R-2 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use permitted in this subsection. (1) Group home/nonstatutory. The conditions are as follows: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 9 b. A minimum of 150 square feet of usable open space shall be provided for each person housed on the site At least 12% of the lot area shall be developed as designed outdoor recreation area. *** (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36- 34(b). (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not have less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. 5. There shall be 600 square feet of usable open space for each dwelling unit. This requirement may be reduced to 400 square feet if the use is located adjacent or across the street from public protected park or open space and the proposal is found to promote goals and policies of the city. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 10 6. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. *** (f) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (12) Each lot developed with a single-family residence shall contain at least 400 square feet of usable open space in the rear yard open lot area. For the purpose of this section, usable open space shall have a minimum dimension of 20 feet in all directions and shall not contain any structures or parking. *** Sec. 36-165. R-3 two-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection (c): (1) Group home/nonstatutory. The conditions are as follows: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. At least 150 square feet of usable open space shall be provided for each person housed on the site At least 12% of the lot area shall be developed as designed outdoor recreation area. (2) Nursing home. The conditions are as follows: a. A minimum of 600 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R district. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 11 c. The lot shall contain at least 150 square feet of usable open space per resident. At least 12% of the lot area shall be developed as designed outdoor recreation area. *** (d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, all the general conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36-34. (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not be less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. 5. There shall be 600 square feet of usable open space for each dwelling unit. This requirement may be reduced to 400 square feet if the use is located adjacent or across the street from public protected parks or open space and the proposal is found to promote goals and policies of the city. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. *** St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 12 (f) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (9) Each lot shall contain at least 400 square feet of usable open space for each dwelling unit located on it. Each lot shall contain 150 square feet of usable open space for each person occupying group living quarters on the lot. Each lot developed with a single-family or two-family residence shall contain at least 400 square feet of open lot area per dwelling unit. *** (13) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common lot do not exceed the maximum density permitted within the zoning district. Provisions for open space designed outdoor recreation area may be provided on a common lot. Any front, rear, and side yard dimensions required by this section shall apply from the building face to the property line of the common lot. *** Sec. 36-166. R-4 multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one or more of the following uses if its use complies with the residential restrictions and performance standards of section 36-162 and those conditions specified for the use in this subsection (c): (1) Adult day care. The conditions are as follows: a. The facility shall be located in a religious facility, community center, nursing home or hospital. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care/ At least 12% of the lot area shall be developed as designed outdoor recreation area. *** (3) Group home/nonstatutory. The conditions are as follows: St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 13 a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. b. A minimum of 150 square feet of usable open space shall be provided for each person housed on the site At least 12% of the lot area shall be developed as designed outdoor recreation area. (4) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. The lot shall contain a minimum of 150 square feet of usable open space per resident. At least 12% of the lot area shall be developed as designed outdoor recreation area. *** (d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under section 36- 34(b). (1) Multiple-family dwelling. The conditions are as follows: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than one-half can be located in the front yard. New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of this chapter may reduce this requirement on a one-for-one basis to a minimum of 200 square feet per dwelling unit. A minimum of 12% of the building lot shall be developed as designed outdoor recreation area. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 14 c. The minimum spacing between buildings shall be the average heights of the buildings. d. All buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. e. If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of this chapter to allow on-street parking. f. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public streets. Sidewalks shall also be provided between the public street and parking areas to all building entrances. (2) Cluster housing. The conditions are as follows: a. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than one-half can be located in the front yard. New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of this chapter may reduce this requirement on a one-for-one basis to a minimum of 200 square feet per dwelling unit. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. b. The minimum spacing between buildings shall be the average heights of the buildings. c. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. d. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street and along at least one side of interior private streets. e. Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk closest to it or from the back of the curbline of internal private roadways or parking lots if no sidewalk exists. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 15 f. If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on-street parking. (3) Elderly housing. The conditions are as follows: a. Property shall meet all of the conditions for multiple-family dwelling/cluster housing. b. A minimum of 25 percent of the usable open space shall be developed as outdoor recreation or garden areas. c. Elderly housing shall provide a minimum of 1,000 square feet of lot area for each dwelling unit. d. The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy by the elderly. e. The development shall provide a lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each unit. *** (g) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (13) Each lot shall contain a minimum of 400 square feet of usable open space for each dwelling unit located on the lot. Each lot developed with a single-family or two-family residence shall contain at least 400 square feet of open lot area per dwelling unit. (14) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common lot do not exceed the maximum density permitted within the use district. Provisions for open space designed outdoor recreation area may be provided on a common lot. Any front, rear, and side yard dimensions required by this section shall apply from the building face to the property line of the common lot. *** St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 16 Sec. 36-167. R-C high-density multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-C district may be used for one or more of the following uses if it complies with the residential restrictions and performance standards of section 36-162 and with those specified for the use in this subsection: (1) Adult day care. The conditions are as follows: a. The facility shall be located in a religious facility, community center, nursing home or hospital. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care At least 12% of the lot area shall be developed as designed outdoor recreation area. *** (3) Group home/nonstatutory. The conditions are as follows: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. b. A minimum of 150 square feet of usable open space shall be provided for each person housed on the site At least 12% of the lot area shall be developed as designed outdoor recreation area. (4) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area in shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an R district. c. The lot shall contain a minimum of 150 square feet of usable open space per resident. At least 12% of the lot area shall be developed as designed outdoor recreation area. *** St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 17 (12) Multiple-family dwelling. The conditions are as follows: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than half can be located in the front yard. New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of this chapter may reduce this requirement on a one-for-one basis to a minimum of 200 square feet per dwelling unit. A minimum of 12% of the building lot shall be developed as designed outdoor recreation area. c. The minimum spacing between buildings shall be the average heights of the buildings. d. All buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. e. If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on-street parking. f. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. Sidewalks shall also be provided between the public street and parking areas to all building entrances. g. Conditions listed in subsections (c)(12)a.--(c)(12)fe. of this section and certain performance standards may be waived or amended using the PUD process if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. (13) Cluster housing. The conditions are as follows: a. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than half can be located in the front yard. New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of this chapter may reduce this requirement on a one-for-one basis to a minimum of 200 square feet per dwelling unit. Each lot developed with a single cluster St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 18 housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. b. The minimum spacing between buildings shall be the average heights of the buildings. c. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. d. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street and along at least one side of interior private streets. e. Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk closest to it or from the back of the curbline of internal private roadways or parking lots if no sidewalk exists. f. If parking is accommodated on the required public or private road system, it must meet the minimum public street width requirements of the subdivision ordinance to allow on-street parking. g. Conditions listed in subsections (c)(13)a.--(c)(13)fc and (c)(13)e-f. of this section and certain performance standards may be waived or amended using the PUD process if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. *** (d) Uses permitted by conditional use permit. No structure or land in any R-C district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, the general conditions of section 36-367, and with the specific conditions imposed in this subsection as follows: (1) Elderly housing. The conditions are as follows: a. Property shall meet all of the conditional use requirements of multiple- family dwellings. b. A minimum of 25 percent of the usable open space shall be developed as outdoor recreation or garden areas. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 19 c. Elderly housing shall provide a minimum of 900 square feet of lot area for each dwelling unit. d. The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy by the elderly. e. The development shall provide a lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each unit. *** (g) Dimensional standards/densities. The following standards shall apply unless specifically waived or amended by a redevelopment plan for the area that has been adopted as part of the city comprehensive plan or as provided in section 36- 367: *** (13) Each lot shall contain at least 400 square feet of usable open space for each dwelling unit contained thereon. (14) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common lot do not exceed the maximum density permitted within the zoning district. Provisions for open space designed outdoor recreation area may be provided on a common lot. Any front, rear and side yard dimensions required by this section shall apply from the building face to the property line of the common lot. *** Sec. 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of the following uses if its use complies with conditions stated in section 36-192, and those specified for the use in this subsection (c). None of the following uses shall exceed intensity classification 4, except by conditional use permit: St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 20 (1) Adult day care. The condition for adult day care is that a minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care at least 12% of the lot area shall be developed as designed outdoor recreation area. *** (d) Conditional uses. No structure or land in a C-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the commercial restrictions and performance standards of section 36-192, the requirements of all the general conditions provided in section 36-365, with the specific conditions imposed in this subsection (d), and with any other conditions the city council may impose. *** (4) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas and pedestrianways is provided. d. The housing is located above the ground floor. e. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. f. The total number of units provided on an individual parcel does not exceed a density of 30 units per acre. g. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. h. A minimum of 12% of the site area is developed as designed outdoor recreation area. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 21 *** Sec. 36-194 C-2 general commercial district *** (c) Uses permitted with conditions. A structure or land in a C-2 district, may be used for one or more of the following uses if its use complies with conditions stated in section 36-192 and those specified for the use in this subsection (c): *** (25) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas, and pedestrianways is provided. d. The housing is located above the ground floor. e. The building where the housing is provided is a maximum of three stories in height. f. The total number of units provided on an individual parcel does not exceed eight. g. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. *** (d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall be used for the following uses except by conditional use permit. Those uses shall comply with the commercial restrictions and performance standards of section 36-192, all those general conditions provided in section 36-367 and with the specific conditions imposed in this subsection (d), and with any other conditions which may be imposed by the city council. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 22 *** (7) Multiple-family dwelling and cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas and pedestrianways is provided. d. The housing represents a maximum of 30 percent of the ground floor area of total development. One hundred percent of floor area above the ground floor may be developed as housing. e. The site contains a minimum of 400 square feet of usable open space per dwelling unit and no more than half of the open space is located in the front yard. This may be reduced to 200 square feet for each dwelling unit that is located within 500 feet of a park, public plaza or other public usable open space. A minimum of 12% of the site area is developed as designed outdoor recreation area. f. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. g. All dwelling units are at or above the grade of all land within a distance of 25 feet from all faces of the buildings. h. Buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. i. Housing density does not exceed 50 units per acre. j. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (8) Elderly housing. The conditions are as follows: St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 23 a. The property meets all of the conditional use requirements of multiple- family dwellings in subsection (d)(7) of this section. b. A minimum of 25 percent of the usable open space is developed as outdoor recreation or garden areas. c. A minimum of 900 square feet of lot area is provided for each dwelling unit. d. Covenants running with the land in a form approved by the city attorney have been recorded which restrict the use of the property for occupancy by the elderly. e. The development shall provide a lounge or other inside community rooms amounting to a minimum of 15 feet for each unit. f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. *** Sec. 36-222. Office district restrictions and performance standards; general provisions. *** (11) Each lot shall contain usable open space/plazas at the ratio of 0.12 times the gross floor area of all the structures on the lot; but shall not be less than 12 percent of the total lot area. These areas shall be developed into functional and aesthetic yard areas, plazas, courtyards and/or pedestrian facilities which are compatible with or enlarge upon the pedestrian links and public open space. The usable open space may be provided on a lot separate from the use provided that it is part of the overall development covered by a PUD process or that covenants which ensure the perpetuation of the required open space in a form approved by the city attorney be provided. *** Sec. 36-223 O office district *** St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 24 (e) Uses permitted by PUD. No structure or land in any O district shall be used for the following uses except by the PUD process. These uses shall comply with the requirements of all the general conditions provided in section 36-222 and with the specific conditions imposed in this subsection (e). Uses and structures which are permitted by right, permitted with conditions, or permitted as conditional uses may also be permitted by PUD. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (1) Multiple-family dwellings. The provisions are as follows: a. The housing is part of a larger development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks and open space, plazas and pedestrianways is provided. d. Housing-related uses do not represent more than 25 percent of the first story or 25 percent of the second story of any building in the development. e. A minimum of 400 square feet of usable open space is provided per dwelling unit and no more than half is located in the front yard. f. No dwelling units are located below the second story of the building. All housing-related uses located within the first story shall be limited to common areas and rental offices. g. The minimum spacing between buildings in a multi-building project is at least equal to the average heights of the buildings except where dwellings share common walls. h. All buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. i. The density does not exceed 50 units per acre. The maximum density may be increased by up to 50 percent at the sole discretion of the city council if two or more of the following are provided: 1. At least 80 percent of the required parking is provided in underground or aboveground structures, including all levels of parking ramps. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 25 2. Buildings are placed at or near the street right-of-way and off- street parking is screened from the public right-of-way by buildings. 3. At least 35 percent of the building ground coverage contains structures of six or more stories in height, thereby conserving open space within the development site. j. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (2) Elderly housing. The provisions are as follows: a. All of the requirements of multiple-family dwellings in subsection (e)(1) of this section are met. b. A minimum of 25 percent of the usable open space shall be developed as outdoor recreation or garden areas. c. A minimum of 900 square feet of lot area is provided for each dwelling unit. d. Covenants running with the land which restrict the use of the property for occupancy by the elderly in a form approved by the city attorney have been recorded. e. A lounge or other inside community room totaling a minimum of 15 square feet for each unit is provided. f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (3) Shopping centers. The provisions are as follows: a. The shopping center is part of a larger development permitted within the district. b. Each lot shall contain usable open space/plazas at the ratio of 0.12 times the gross floor area of all the structures on the lot, but shall not be less than 12 percent of the total lot area. These areas shall be St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 26 developed into functional and aesthetic yard areas, plazas, courtyards and pedestrian facilities which are compatible with or enlarge upon the pedestrian links and public open space. *** (g) Dimensional standards. The dimensional standards are as follows: (10) Each lot shall contain designed outdoor recreation area/plazas at the ratio of 0.12 times the gross floor area of all the structures on the lot; but shall not be less than 12 percent of the total lot area. These areas shall be developed into functional and aesthetic yard areas, plazas, courtyards and/or pedestrian facilities which are compatible with or enlarge upon the pedestrian links and public open space. The designed outdoor recreation area may be provided on a lot separate from the use provided that it is part of the overall development covered by a PUD process or that covenants which ensure the perpetuation of the required designed outdoor recreation area in a form approved by the city attorney be provided. *** MX – Mixed Use District *** Sec. 36-266 Dimensional/performance standards and general requirements. *** (4) The development site shall include a minimum of 12 percent usable open space designed outdoor recreation area based on private developable land area. The minimum open space requirement may be reduced to a minimum of eight percent of the private developable land area if one or more of the following are provided: a. Accessible usable open space. Accessible usable open space on land within 600 feet of all buildings within the development. Such open space must be protected by covenants which ensure its perpetuation. Open space credits for protected open space are granted at the sole discretion of the city council based upon the following findings: St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 27 1. The land area of the usable open space is at least twice the size of the open space credit requested for the development site; 2. The development includes logical pedestrian/bicycle connections from the usable open space, through the development site, and to other properties adjacent to the development; and 3. The design of the development is sensitive to the usable open space. Sensitive design features include the following: i. Design of pedestrian/bicycle connections to enhance existing circulation patterns within the open space; ii. Location of building service areas away from the open space or in heavily screened areas; iii. Design and location of buildings to complement the scale and character of the open space; and iv. Use of substantial landscaping to provide adequate transitions between the development and open space. b. Public art. Open space credits for public art are granted at the sole discretion of the city council and may reduce open space requirements by a maximum of two percentage points. c. Other public amenities. Open space credits for public amenities are granted at the sole discretion of the city council and may reduce open space requirements by a maximum of two percentage points. *** Section 36-367. Planned unit development (PUD) process. TABLE 36-367A ALLOWABLE MODIFICATIONS IN PUDS Chapter Requirement St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 28 Distance from property lines, except when abutting residentially zoned or used property No required yards Distance from other buildings As building code allows Building height No maximum if consistent with the comprehensive plan Density 10% increase or as consistent with the comprehensive plan Ground floor area 5% increase Floor area ratio Limited by height, density and ground floor area restrictions Usable open space Designed Outdoor Recreation Area 20% 33% decrease consistent with provisions below. If land is dedicated for park, then the decrease may be increased to 50% according to provisions below. Parking 15% decrease in addition to other allowable chapter reductions *** (4) An applicant for a PUD seeking modifications as permitted in table 36-367A shall demonstrate how the proposal will enhance, support, and further the following objectives: a. Provide for integrated pedestrian facilities to and within the project; b. Enhance linkages to mass transit facilities; c. Increase the supply of low-income and moderate-income housing; d. Incorporate implementation of travel demand management strategies as part of the PUD plan; St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 29 e. Provide public plazas and usable open space designed outdoor recreation area which exceeds minimum chapter requirements; and f. Provide a high degree of aesthetics through overall design and display of public art. (5) If the applicant is seeking modifications to the use district requirements for designed outdoor recreation area, those modifications are allowed at the sole discretion of the City Council based upon the following provisions. a. Reductions of up to 50% of the designed outdoor recreational area shall be approved by PUD at the sole discretion of the City Council only if the site meets of the following requirement: Land or cash in lieu of land is dedicated for parks, trails, and open space on a one for one basis up to a maximum of 50% of the requirement. b. If the full park dedication reduction is not taken, the City Council may consider reductions if the site meets one or more of the following requirements, but in no case may the reduction for these items exceed 33% or the cumulative reduction exceed 50% of the requirement: 1. Permanent accessible open space or regional trail is located on land within 600 feet of all buildings within the development and meets all of the following: i. Such open space or regional trail is deeded as public and designated in the Comprehensive Plan as Park or is protected by covenants which ensure its perpetuation for public use. ii. The land area of such open space is at least twice the size of the recreational area credit requested for the development site. iii. The development includes logical pedestrian/bicycle connections to the open space or regional trail. iv. The location of building service areas is away from the open space or in heavily screened areas. v. Design and location of buildings complement the scale and character of the open space, and vi. Use of substantial landscaping is provided to create transitions between the development and open space. Projects meeting all of the open space/trail requirements may reduce designed outdoor recreational area requirements by up to 20% 2. Public Art. Recreation space credits for public art are granted at the sole discretion of the city council and may reduce designed outdoor recreational area requirements by up to 20%. St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 30 3. Other public amenities. Recreational area credits for public amenities are granted at the sole discretion of the city council and may reduce the designed recreational area requirements by a maximum of 20%. 4. A redevelopment plan has been adopted into the Comprehensive Plan that approves reductions to designed outdoor recreational area by a maximum of 33%. 5. Indoor parks. Recreation space credits for significant indoor recreational space, such as a park or courtyard, may be granted at the sole discretion of the city council and may reduce designed outdoor recreational area requirements on a one for one basis by up to a maximum of 20% *** (4) Final PUD plan. The final development plan for a PUD shall contain all of the following information: a. A final plat which meets the requirements of the Code provisions which create condominium ownership, if required. b. A final site plan drawn to scale showing the location of all structures including their placement, size and type as well as streets, parking areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space designed outdoor recreation area including public plazas and commons. Sec. 3. The contents of Planning Case File 03-70-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 31 City Clerk City Attorney 03-70-ZA:res-ord St. Louis Park City Council Meeting 041204 - 4b - Usable Open Space Amendments Page 32 SUMMARY ORDINANCE NO. 2267-04 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-36, 36-37, 36-72, 36- 115, 36-142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36-223, 36-266, and 36-367 This ordinance amends various sections of the Ordinance Code to redefine and standardize open space requirements in the various zoning districts. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 12, 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: April 22, 2004 St. Louis Park City Council Meeting 041204 - 4c - Catering in Office District Page 1 4c. Motion to approve second reading and adopt an ordinance amending St. Louis Park Ordinance Code (Zoning) relating to allow catering as an accessory use to certain uses in the Office District; approve summary ordinance and authorize publication. Case Nos. 04-02-ZA Background WHIOP Real Estate LTD has requested a text amendment to allow catering in the Office District if accessory to a restaurant, food service, delicatessen, grocery store or retail bakery. This text amendment has been requested in order to accommodate a restaurant with liquor and catering operations in the Interchange Office building, in the space formerly occupied by Yvette’s restaurant. Staff proposed an alternative amendment which would meet the applicant’s needs. On February 18, 2004, the Planning Commission opened a public hearing, and upon a 6-0 vote recommended approval of the ordinance as proposed by staff. Staff’s proposal amended the land use table, removed grocery stores from the list of uses for which catering could be accessory to in the “O” District, and attached conditions for the storage and keeping of vehicles related to the catering use. (Staff’s recommendation required the vehicles to be stored either inside a building, screened from off-site views in a parking structure or legally stored off-site.) On March 15, 2004, the City Council considered the advice and recommendation of the Planning Commission and approved first reading of the attached ordinance on a 7-0 vote. Proposed Ordinance The proposed amendment (see attached ordinance) if approved would amend the land use table, and allow catering as an accessory use to certain land uses in the Office District with the conditions that the vehicles be stored either inside a building, screened from off-site views in a parking structure or legally stored off-site. The ordinance would go into effect on May 7, 2004. Attachments Proposed Ordinance Proposed Summary Ordinance Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4c - Catering in Office District Page 2 ORDINANCE NO. 2268-04 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-115 and 36-223(f) REGARDING CATERING THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-02-ZA). Sec. 2. The St. Louis Park Ordinance Code, Section 36-223(f) Office District: Accessory Uses is amended to add the following: (6) Catering if accessory to a restaurant, food service, delicatessen or retail bakery with the condition that all vehicles used in connection with the catering operation be stored within a building or screened area of a parking structure or in a legal off-site location. The St. Louis Park Ordinance Code, Section 36-115 Table 36-115A is amended as follows: Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Catering N N N N N A A A PC P A Sec. 3. The contents of Planning Case File 04-02-ZA are hereby entered into and made part of the public hearing record of decision for this case. Sec. 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. Reviewed for Administration Adopted by the City Council _______________________________ ___________________________ City Manager Jeffrey W. Jacobs, Mayor ATTEST: Approved as to Form and Execution _______________________________ ____________________________ Cynthia Reichert, City Clerk City Attorney St. Louis Park City Council Meeting 041204 - 4c - Catering in Office District Page 3 SUMMARY ORDINANCE NO._____________ AN ORDINANCE RELATING TO ZONING BY AMENDING SECTIONS 36-115 and 36-223(f) REGARDING CATERING This ordinance states that catering will be allowed as an accessory use to certain uses in the Office District. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 12, 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: April 22, 2004 04-02-ZAsum/res-ord St. Louis Park City Council Meeting 041204 - 4d - 2004 Equipment Replacement Revisions Page 1 4d. Motion to Adopt a Resolution Approving the Final 2004 Equipment Replacement List Background: At the City Council Meeting on November 3, 2003, Council adopted resolution #03-160 accepting the 2004 Equipment Replacement List and authorizing the purchase of those vehicles. In developing that list, Public Works staff met with each equipment-using department to discuss fleet management as well as short term and long term planned replacements. From those discussions, Public Works created the planned replacement list for 2004 (attached). The final list for year 2004 contained 37 units estimated to cost (gross) $945,340. Discussion: The impacts of planned replacements are not always fully understood, resulting in the out-of-cycle replacement of associated equipment. Occasionally, operational or budgetary changes impact the planned replacement schedule. This year, two changes are required to the previously-approved Equipment Replacement List. These changes result in a net cost increase of approximately $3,660 - Change #1: When Public Works planned on replacing their skid-steer with a larger model, staff did not realize the new model would exceed the weight capacity of its current trailer (Unit #9408T). As a result, Public Works now needs to also replace its current skid-steer trailer with a larger trailer. We propose to replace it with the current paver trailer (Unit #9622T). Reassigning 9622T as the skid-steer trailer will eliminate having to use its heavy, cumbersome side ramps as is now done with the paver (these ramps have already caused at least one worker’s compensation claim). We propose purchasing a new, safer, rear-loading T-20 trailer to be used for the paving operation. The net result of these changes would be to dispose of the small trailer (Unit #9408T) and the purchase of a new larger T-20 trailer for about $10,000 net cost. This will provide Operations with two trailers appropriately sized and equipped to handle our larger skid-steer loader and paver. Differences in budget and maintenance costs are expected to be negligible. - Change #2: Inspections had planned on replacing two of their mid-sized vehicles, Units #9506 and #9507, with hybrid vehicles (~ $22K each). However, after re-evaluating their vehicle needs, usage, and costs, Inspections has determined they should retain one of their mid- sized vehicles (Unit #9506), replace the other vehicle this year (Unit #9507), and purchase one new additional mid-sized vehicle. Unit #9506 will be replaced in 2006, resulting in a net increase of one vehicle in Inspections. The two new units would be mid-sized E85 vehicles (~ $12K each). Purchasing vehicles equipped with E85 fuel systems will still provide environmentally-friendly emissions, but at substantially reduced costs. These savings will enable Inspections to increase their fleet size without having to increase their budget. Additionally, with an increased fleet, Inspections will no longer require use of the City Hall pool cars. Public Works will monitor and evaluate use of the two city hall pool cars. If use drops as expected, one of them could be eliminated in the future. Recommendation: Approve the purchase of a new T-20 paver trailer (effectively replacing 9408T, the under-sized skid-steer trailer); and the purchase of two mid-sized E85 vehicles to replace one mid-sized Inspections vehicle (effectively increasing Inspections’ vehicle fleet by St. Louis Park City Council Meeting 041204 - 4d - 2004 Equipment Replacement Revisions Page 2 one). The results of these changes are reflected in the attached “Amended 2004 Equipment Purchases” list. Attachments: Resolution Adopting Amended 2004 Equipment Purchases list 2004 Equipment Purchases list (as adopted by Resolution 03-160) Prepared by: Mark Hanson, Operations Superintendent Reviewed by: Michael P. Rardin, Director of Public Works Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4d - 2004 Equipment Replacement Revisions Page 3 RESOLUTION NO. 04-050 RESOLUTION ACCEPTING REPORT, APPROVING SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR YEAR 2004 MAJOR EQUIPMENT PURCHASES WHEREAS, the City Council of the City of St. Louis Park, Minnesota adopted resolution #03-160 accepting the 2004 Equipment Replacement List and authorizing the purchase of those vehicles; and WHEREAS, In developing that list, Public Works staff met with each equipment-using department to discuss fleet management as well as short term and long term planned replacements and from those discussions, has created the planned replacement list for 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Amended 2004 Equipment Replacement List attached as Exhibit A to this resolution is hereby adopted. Reviewed for Administration: Adopted by the City Council April 12, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 041204 - 4d - 2004 Equipment Replacement Revisions Page 4 EXHIBIT A to RESOLUTION 04-_______ No. Old Unit No.Old Description Rpl. Cycle Age Primary Department New Vehicle Description Est. Cost 2004 1 0105 SEDAN,POLICE SQUADS 2 3 POLICE DEPT SEDAN,POLICE SQUADS 25,235 2 0201 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 3 0202 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 4 0203 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 5 0204 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 6 8678 GANG REEL MOWER 18 18 GROUNDS/NAT RES TORO 4700D 69,010 * 7 8841 TRUCK SINGLE DUMP 15 16 POOL TRUCK SINGLE DUMP 108,150 * 8 8841UB PLOW,UNDERBODY 15 16 OPERATIONS WING PLOW 6,901 9 130.13 DROP SANDER 15 16 OPERATIONS SPIN SPANDER 2,987 10 97141 FRONT PLOW 15 7 OPERATIONS FRONT PLOW 5,785 11 9229 MOWERS, LARGE WALK BEHIND 10 12 BLDG & STRUCTURE AEBI TC07 24,545 12 9404 SEDAN,MID-SIZE 8 10 ENGINEERING SEDAN,MID-SIZE 16,635 13 9405 TRUCK,1/2T,2X4 10 9 FACILITIES MAINT TRUCK,1/2T,2X4 20,137 14 9407 SKID-STEER LOADER 10 10 OPERATIONS SKID-STEER LOADER 25,750 15 9415 TRACKLESS 6 10 OPERATIONS TRACKLESS 60,770 * 16 9415B SNOW BLOWER for Trackless 10 10 OPERATIONS SNOW BLOWER for Trackless 6,695 17 9425 VANS,CARGO/CLUB 8 10 WATER DEPT MINIVAN 22,227 18 9426 TRUCK,1T,UTILITY 10 10 STORM SEWER TRUCK,1T,UTILITY 26,523 19 9427 TRUCK,1T,UTILITY 8 10 WATER DEPT MINIVAN 22,227 20 9429 TRUCK,1T,UTILITY 10 10 BLDG & STRUCTURE TRUCK,1T,UTILITY 26,523 21 9430 VANS,CARGO/CLUB 10 10 ENGINEERING VANS,CARGO/CLUB 24,442 22 N/A SEDAN,MID-SIZE 8 N/A INSPECTIONS SEDAN,MID-SIZE (E-85)12,000 23 9507 SEDAN,MID-SIZE 8 9 INSPECTIONS SEDAN,MID-SIZE (E-85)12,000 24 9511 TRUCK,3/4T,2X4 8 9 GROUNDS/NAT RES TRUCK,3/4T,4X4 22,918 25 9606 TRUCK,2T SUPER DUTY W BOOM 8 8 OPERATIONS TRUCK,2T SUPER DUTY W B 55,105 * 26 9609 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635 27 9610 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635 28 9702 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472 29 9703 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472 30 9718 TRUCK,1/4T,4X4SPORT-UTL 8 7 POLICE DEPT Truck, 1/2 T, 4x4 Sport-Utl 33,475 31 9731 FLOOR MACHINE 7 7 REC CENTER FLOOR MACHINE 12,103 32 9520 TRUCK,3/4T,2X4 10 9 FACILITIES MAINT TRUCK,3/4T,4X4 22,918 33 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565 34 0322 SKID-STEER LOADER,LEASE 1 1 GROUNDS/NAT RES SKID-STEER LOADER,LEASE 2,369 35 9519 TRUCK,1/2T,2X4 10 9 OPERATIONS TRUCK,1T,4X4 26,523 36 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565 37 8821 TRACTOR 15 16 GROUNDS/NAT RES AEBI TERRATRAC TT70S 83,838 * 38 9408T TRAILER 20 10 OPERATIONS TRAILER (T-20)12,926 Total Notes: * For units estimated near or over $50,000, Council will be requested to authorize purchase 949,001$ Amended 2004 Equipment Purchases St. Louis Park City Council Meeting 041204 - 4d - 2004 Equipment Replacement Revisions Page 5 2004 Equipment Purchases as adopted by Resolution 03-160 No. Old Unit No.Old Description Rpl. Cycle Age Primary Department New Vehicle Description Est. Cost 2004 1 0105 SEDAN,POLICE SQUADS 2 3 POLICE DEPT SEDAN,POLICE SQUADS 25,235 2 0201 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 3 0202 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 4 0203 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 5 0204 SEDAN,POLICE SQUADS 2 2 POLICE DEPT SEDAN,POLICE SQUADS 25,235 6 8678 GANG REEL MOWER 18 18 GROUNDS/NAT RES TORO 4700D 69,010 * 7 8841 TRUCK SINGLE DUMP 15 16 POOL TRUCK SINGLE DUMP 108,150 * 8 8841UB PLOW,UNDERBODY 15 16 OPERATIONS WING PLOW 6,901 9 130.13 DROP SANDER 15 16 OPERATIONS SPIN SPANDER 2,987 10 97141 FRONT PLOW 15 7 OPERATIONS FRONT PLOW 5,785 11 9229 MOWERS, LARGE WALK BEHIND 10 12 BLDG & STRUCTURE AEBI TC07 24,545 12 9404 SEDAN,MID-SIZE 8 10 ENGINEERING SEDAN,MID-SIZE 16,635 13 9405 TRUCK,1/2T,2X4 10 9 FACILITIES MAINT TRUCK,1/2T,2X4 20,137 14 9407 SKID-STEER LOADER 10 10 OPERATIONS SKID-STEER LOADER 25,750 15 9415 TRACKLESS 6 10 OPERATIONS TRACKLESS 60,770 * 16 9415B SNOW BLOWER for Trackless 10 10 OPERATIONS SNOW BLOWER for Trackless 6,695 17 9425 VANS,CARGO/CLUB 8 10 WATER DEPT MINIVAN 22,227 18 9426 TRUCK,1T,UTILITY 10 10 Storm Sewer TRUCK,1T,UTILITY 26,523 19 9427 TRUCK,1T,UTILITY 8 10 WATER DEPT MINIVAN 22,227 20 9429 TRUCK,1T,UTILITY 10 10 BLDG & STRUCTURE TRUCK,1T,UTILITY 26,523 21 9430 VANS,CARGO/CLUB 10 10 ENGINEERING VANS,CARGO/CLUB 24,442 22 9506 SEDAN,MID-SIZE 8 9 INSPECTIONS SEDAN,MID-SIZE 16,635 23 9507 SEDAN,MID-SIZE 8 9 INSPECTIONS SEDAN,MID-SIZE 16,635 24 9511 TRUCK,3/4T,2X4 8 9 GROUNDS/NAT RES TRUCK,3/4T,4X4 22,918 25 9606 TRUCK,2T SUPER DUTY W BOOM 8 8 OPERATIONS TRUCK,2T SUPER DUTY W B 55,105 * 26 9609 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635 27 9610 SEDAN,MID-SIZE 8 8 POLICE DEPT SEDAN,MID-SIZE 16,635 28 9702 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472 29 9703 SEDAN,RETIRED POLICE 2 7 POOL SEDAN,RETIRED POLICE 8,472 30 9718 TRUCK,1/4T,4X4SPORT-UTL 8 7 POLICE DEPT Truck, 1/2 T, 4x4 Sport-Utl 33,475 31 9731 FLOOR MACHINE 7 7 REC CENTER FLOOR MACHINE 12,103 32 9520 TRUCK,3/4T,2X4 10 9 FACILITIES MAINT TRUCK,3/4T,4X4 22,918 33 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565 34 0322 SKID-STEER LOADER,LEASE 1 1 GROUNDS/NAT RES SKID-STEER LOADER,LEASE 2,369 35 9519 TRUCK,1/2T,2X4 10 9 OPERATIONS TRUCK,1T,4X4 26,523 36 N/A N/A 10 N/A OPERATIONS FRONT PLOW (P/U)3,565 37 8821 TRACTOR 15 16 GROUNDS/NAT RES AEBI TERRATRAC TT70S 83,838 * Total Notes: * For units estimated near or over $50,000, Council will be requested to authorize purchase 945,340$ 2004 Equipment Purchases St. Louis Park City Council Meeting 041204 - 4e - VoiceStream Antenna Lease Agreement Page 1 4e. Motion to adopt the attached resolution for authorization to enter into a lease agreement between the City and VoiceStream Minneapolis, Inc. (VoiceStream) for space on the water tower at 2541 Nevada Avenue for communications antenna for an initial lease term of five (5) years with option for four (4) additional five (5) year renewal terms. Background: The City has negotiated eight (8) leases with four (4) vendors regarding use of the City’s water towers for placement of antenna for the transmission and reception of radio communication signals. Similar types of agreements have been negotiated throughout the metro area as these companies are setting up a network of new communication systems. VoiceStream is looking to set up a site in St. Louis Park on our existing water tower located at 2541 Nevada Avenue thereby not requiring the construction of a separate antenna tower. This is the third antenna lease negotiated with VoiceStream. This agreement is based on our standard lease earlier developed by the City. Our City Attorney has assisted in the preparation and review of this agreement. The agreement is attached and provides for the following: • Five (5) year initial lease term with four (4) additional five (5) year renewals. • Rent of $18,000 per year with 5% escalator for each year of the Agreement (rent subject to change if additional antennas added). • Communications equipment to be installed in a shelter designed, built, and maintained by VoiceStream. • Right of pre-emption by the City if necessary for public safety communication needs. • Non-exclusive use allowing the City to lease available space to others. • Appropriate termination provisions, insurances and protections. The antenna configuration proposes three (3) standard panel mountings with a total of nine (9) antennas placed about 2/3 of the way up the legs of the water tower and painted to match the color of the tower. While the antenna will be visible they should not be obtrusive and will not extend up above the tower in any way. Staff recommends that Council authorize this agreement with VoiceStream. Attachments: Resolution Prepared by: Scott Merkley, Public Works Coordinator Through: Michael P. Rardin, Public Works Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4e - VoiceStream Antenna Lease Agreement Page 2 RESOLUTION NO. 04-051 RESOLUTION APPROVING LEASE AGREEMENT FOR COMMUNICATIONS ANTENNA WHEREAS, the City Council of the City of St. Louis Park wishes to enter into a non-exclusive lease agreement with VoiceStream Minneapolis, Inc., (VoiceStream) for the use of space at the City water tower at 2541 Nevada Avenue; and WHEREAS, the Director of Public Works has negotiated a lease agreement with terms acceptable to the City Council; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to enter into a lease agreement with VoiceStream for the leasing of space at the City water tower site located at 2541 Nevada Avenue for the purposes of a communication antenna and related base equipment; and BE IT FURTHER RESOLVED that such lease term shall be for a period of five (5) years commencing immediately with the right of VoiceStream to extend the initial term for four (4) additional five (5) year terms with an initial term annual rent amount of $18,000. Reviewed for Administration: Adopted by the City Council April 12, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 041204 - 4f - Agmt for 2004 Flood Improvements - Barr Engineering Page 1 4f. Motion to approve a contract with Barr Engineering for Professional Engineering Services related to the 2004 Flood Improvement Projects Background: Three flood improvement projects have been included in the 2004-2008 Capital Improvement Program for 2004. These projects were added on to the initial list of flood improvement projects identified by the City as part of the overall Flood Mitigation Program. Funding for these projects was requested in the 2002 Minnesota Department of Natural Resources (DNR) legislative grant request. Funds from this grant were released for use by the City in June of 2003. The goal of the City’s program is to provide 100-year flood protection plus 25% at all identified problem areas within the community. The projects scheduled for 2004 are: Project No. Area No. Location 03-12 25 28th Street & Jersey Avenue 03-13 26 27th Street & Dakota/Colorado Aves. 03-16 24 23rd Street & Edgewood Avenue Barr Engineering will analyze the flooding problems at each site by preparing a computer model of the drainage area and existing storm sewer systems. They will then use this model to analyze corrective actions and options for each of the flood areas. These corrective actions will be presented to the City in the form of a feasibility report. The consultant’s fees are estimated to be $26,500 for each project for a total contract amount of $79,500. Each project will have its own budget and fees will be paid based on actual hours expended. 50% of the costs of these projects are reimbursable through the legislative DNR Grant. The remaining portion of the projects will be paid using Storm Water Revenue Bond funds. Once a corrective action plan is established for each flood problem area, Barr will provide design services and, potentially, construction inspection and project management services for each of the projects. This work would be in addition to the contract proposed in this report. Recommendation: Motion to authorize the Mayor and City Manager to execute a contract with Barr Engineering for services associated with the development of storm water modeling and preparation of feasibility reports for each of the three 2004 storm water improvement projects in the amount of $79,500. Prepared by: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 1 of 8 4g. Motion to approve a resolution authorizing the City of St. Louis Park to execute an agreement with the Minnehaha Creek Watershed District for the use of the Minnehaha Creek Management Model Background: The Minnehaha Creek Watershed District (MCWD) has developed a computer model (the Minnehaha Creek Watershed Management Model, or MCWMM) consisting of geographic-based data that may be used to determine hydrologic, hydraulic and water quality conditions at all specific points within the watershed under specific land use and land cover scenarios. The MCWMM has been developed for application to watershed-wide planning efforts as well as evaluation of the local consequences of development or public infrastructure projects. The MCWD believes that wide-spread use of the MCWMM by public agencies will have the highest watershed-wide benefit. As a result, it does not charge public agencies for use of the MCWMM. The City of St. Louis Park has several potential uses for the MCWMM, including, but not limited to: • FEMA regulatory floodplain alteration, which could potentially remove areas of the city from the floodplain, • determination of impacts on Minnehaha Creek and the floodplain by larger City projects, and • use by developers in planning projects to minimize impact on the floodplain In return for the use of the MCWMM, the City of St. Louis Park will agree to provide an annual report of projects within the city which would impact the model. Staff does not feel this requirement is burdensome given the benefits derived from potential use of the model. The City Attorney is in the process of examining the agreement. Execution of the agreement will be subject to his review. Recommendation: Motion to approve the attached resolution authorizing the City of St. Louis Park to execute an agreement with the Minnehaha Creek Watershed District for the use of the Minnehaha Creek Management Model. Attachments: Resolution License agreement Prepared by: Laura Adler, Engineering Program Coordinator Reviewed by: Maria Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 2 of 8 RESOLUTION NO. 04-052 RESOLUTION AUTHORIZING THE CITY OF ST. LOUIS PARK TO EXECUTE AN AGREEMENT FOR THE USE OF THE MINNEHAHA CREEK WATERSHED MANAGEMENT MODEL WHEREAS, the Minnehaha Creek Watershed District has developed a Watershed Management Model which is described in the Minnehaha Creek Watershed District License Agreement attached and hereby made a part of; and WHEREAS, the City of St. Louis Park, Minnesota, desires to use this Minnehaha Creek Management Model in the course of conducting the City’s business; and WHEREAS, the parties agree that the execution of this agreement is necessary to adequately protect said Minnehaha Creek Management Model; and NOW, THEREFORE, be it resolved that the City Council of St. Louis Park, Minnesota, authorizes the Mayor and City Manager to execute this agreement on behalf of the City, subject to final review by the City Attorney. Reviewed for Administration Adopted by the City Council April 12, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 3 of 8 LICENSE AGREEMENT MINNEHAHA CREEK WATERSHED MANAGEMENT MODEL Licensee: THIS LICENSE AGREEMENT is entered into by the Minnehaha Creek Watershed District (“District”), a political subdivision of the State of Minnesota, and _____________________, a ________________________ ("User"). WHEREAS the District has developed a model consisting of geographic-based data that may be used to determine hydrologic, hydraulic and water quality conditions at all specific points within the watershed under specified land use and land cover scenarios (“Minnehaha Creek Watershed Management Model,” or MCWMM); WHEREAS the MCWMM has been developed for application to watershed-wide planning as well as to the evaluation of the local consequences of development or public infrastructure projects; WHEREAS the MCWMM has been developed with public resources, and it is the District’s intent that the MCWMM be made available to other public bodies to provide the greatest public benefit for purposes of water resource planning, management and protection; WHEREAS the District finds that wide usage of the MCWMM by public bodies within the watershed has watershed-wide benefit, wishes to promote such use, and therefore has determined not to charge other public bodies for use of the MCWMM; WHEREAS the District and User have a shared interest in the District’s maintenance of current geographic-based data within the MCWMM so that the MCWMM continues to reflect existing conditions at the time of use; and WHEREAS the District has determined that the MCWMM data are classified as “trade secret information,” nonpublic data and otherwise data not subject to disclosure under the Minnesota Data Practices Act, Minnesota Statutes Chapter 13; NOW THEREFORE, in consideration of the foregoing, the District and User agree as follows: 1. Use of MCWMM Data 1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable license to use the MCWMM. This license shall be in effect only during compliance by User and its agents, consultants and contractors (ACC’s) with the terms and conditions of this License Agreement. User and, pursuant to section 1.3, its ACC’s may use the MCWMM in the form provided by the District for User's own authorized public purposes and for no other purpose. User and its ACC’s may modify or transfer the MCWMM data, or merge the MCWMM data into other data bases, only for User's authorized public purposes. User and its ACC’s may operate on the MCWMM data using such proprietary or public software as it independently is authorized to use and may disclose or distribute the products of that St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 4 of 8 operation, but it may not disclose or distribute the MCWMM data in the same or substantially the same form as received from the District. User may duplicate the MCWMM data for use by User and its ACC’s, provided the central processing units on which the MCWMM data are maintained support only equipment operated by User and its ACC’s, and the MCWMM data are used only for User's own authorized public purposes. Except for off- site backup pursuant to established procedures, User and its ACC’s shall not remove the MCWMM data from their place of business. 1.2 Unauthorized Uses. User and its ACC’s shall not use the MCWMM data on behalf of any individual, organization, corporation, government entity, or any other party other than User. User’s ACC’s shall use the MCWMM data only in the conduct of User’s business and for User’s authorized public purposes. User and its ACC’s shall not duplicate or disclose the MCWMM data to any third parties unless such use, duplication or disclosure is expressly authorized in writing by the District. User and its ACC’s shall not charge third parties for the availability of the MCWMM data. This shall not prevent User and its ACC’s from charging third parties as otherwise authorized for its software costs, staff time or other ancillary costs associated with modeling and analysis using the MCWMM data. User acknowledges that the District has declared the applicability of copyright protection to the MCWMM data. User shall conform to all legal requirements consistent with the copyright status of the data as declared by the District. 1.3 Third Party Access. If it is necessary for User to make the MCWMM data available to an outside ACC for User's authorized public purposes, User must obtain from each ACC and provide to the District a signed copy of the Watershed Management Model Third-Party Certification attached to and incorporated into this License Agreement as Attachment A, and must receive a written authorization from the District. 1.4 Data Security. User and its ACC’s agree to take all necessary and reasonable steps to ensure the MCWMM data are not disclosed or made accessible in whole or in part to third parties except as may be authorized in this License Agreement. User and its ACC’s agree they will not knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise make the MCWMM data available to others. User and its ACC’s agree to immediately notify the District by telephone and in writing of any unauthorized sale or other disclosure. User and its ACC’s further agree to prevent unauthorized disclosure through appropriate security measures including, but not limited to, providing physical security for copies of the MCWMM data and taking all steps that they take to protect tangible and intangible data products of their own that they regard as proprietary, confidential or nonpublic. 1.5 Data Practices Act. User shall treat the MCWMM data as nonpublic data not subject to public disclosure under the Data Practices Act and shall advise any requestor of the data classification accordingly. User shall notify the District immediately of any challenge to User’s withholding of the MCWMM data and shall not release the MCWMM data, or any part thereof, pursuant to the Data Practices Act without written authorization from the District. 1.6 Reservation of Rights. The MCWMM data are the exclusive property of the District, which retains all right, title and interest in the MCWMM data, including the right to license the data to other users. Any St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 5 of 8 right or remedy provided to the District in this License Agreement shall be nonexclusive and in addition to any other right or remedy available to the District in law or equity. 1.7 Errors and Omissions. User timely shall advise the District in writing of any errors or omissions it finds within the MCWMM data. 1.8 Annual Report. User shall submit to the District annually by January 31 a report containing the following information: (a) a description of each change in land use, land cover and stormwater conveyancing infrastructure since the date of the previous annual report that may affect the outcome of hydrologic, hydraulic or water quality modeling within the drainage area where the change has occurred, including all information necessary for the District to maintain the currency of the MCWMM; (b) a text description of User’s use of the MCWMM data since the date of the previous annual report; and (c) the name and contact information for the User’s representative(s) who may be contacted for further information regarding the matters in the report. 2. License Agreement Term and Termination 2.1 Term. The term of this License Agreement shall commence upon execution of this License Agreement by both parties and shall end on the January 31 first following commencement. Notwithstanding, the License Agreement shall renew automatically from year to year provided that the District has received the annual report required by paragraph 1.8. 2.2 Termination for Cause. Notwithstanding section 2.1, the District may terminate this License Agreement at any time on written notice to User if User fails to comply with the terms and conditions of this License Agreement, and may terminate the License Agreement without cause on 30-day notice to User. 2.3 Return or Destruction of MCWMM Data. When this License Agreement has been terminated, User must either destroy all copies of the MCWMM data and provide to the District written certification of the destruction, or return all copies of the MCWMM data to the District. 3. Limited Warranty and Disclaimers 3.1 Limited Warranty. The MCWMM data provided by the District are made available to User subject to the following limitations and restrictions: (a) User is responsible for the installation and use of the MCWMM data and the results or consequences obtained from User's installation or use of the MCWMM data. (b) The District does not warrant that the MCWMM data are error free, and disclaims any other warranties, express or implied, respecting this License Agreement or the MCWMM data. (c) THE MCWMM DATA, AND ASSOCIATED MANUALS, REFERENCE MATERIALS AND TECHNICAL DOCUMENTATION (IF ANY), ARE PROVIDED "AS IS" WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR PERFORMANCE, St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 6 of 8 MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MCWMM DATA IS ASSUMED BY USER. (d) THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OTHER FINANICAL LOSS, LOSS OF DATA, OR ANY OTHER DAMAGE OF ANY KIND ARISING OUT OF USER’S USE OR ATTEMPTED USE OF THE MCWMM DATA, OR ANY THIRD PARTY CLAIMS THAT MAY RESULT FROM THE USE OF THE MCWMM DATA, EVEN IF THE DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 3.2 Sole Remedies. User's sole and exclusive remedy for breach of these limited warranties shall be to return the MCWMM data to the District within sixty (60) days of receipt. The District shall replace or repair the MCWMM data at its discretion and return the MCWMM data to User. 3.3 Indemnification. User shall indemnify, defend and hold harmless the District, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature related to User’s use of the MCWMM data, to the degree they are the result of User’s or an ACC’s negligence, or other action or inaction by User or an ACC that is the basis for User’s or an ACC’s liability in law or equity. Nothing in this License Agreement shall be construed to waive any immunity applicable to the District or User or otherwise to create a right in any third party. 4. General Terms and Conditions 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and considered a part of the Agreement. 4.2 Amendment. The terms of this License Agreement may be amended only by written agreement of the District and User. 4.3 Governing Law. This License Agreement shall be governed by and interpreted according to the laws of the State of Minnesota. 4.4 Waiver. No waiver of any violation of this License Agreement shall constitute a waiver of any subsequent violation, whether of the same or of any other term. Subsequent performance of any of the terms of this License Agreement shall not constitute a waiver of any preceding violation, regardless of the other party's knowledge of the preceding violation at the time of subsequent performance. The delay or omission of any party's exercise of any right arising from any default shall not affect or impair the party's rights regarding the same or future default. 4.5 No Agency. The District and User are independent parties for all legal purposes hereunder, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties. 4.6 Assignment. User shall not assign, sublet or transfer this License Agreement in whole or in part, without the prior written consent of the District. Any attempt to assign, sublet or transfer this License Agreement without prior written consent shall be void and of no force or effect. St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 7 of 8 4.7 Correspondence. Correspondence regarding this License Agreement or the MCWMM data shall be directed as follows: To the District: Modeling Coordinator Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven MN 55391 To User: City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 952/924-2500 4.8 Survival of Provisions. All obligations of User regarding use and protection of the MCWMM data, all indemnification obligations and limitations on all warranties in this License Agreement shall survive termination of the Agreement. 4.9 Authority. The person or persons executing this License Agreement on behalf of User represent that they are duly authorized to execute this License Agreement on behalf of User and represent and warrant that this License Agreement is a legal, valid and binding obligation enforceable according to its terms. INTENDING TO BE LEGALLY BOUND by the foregoing terms: ______________________________________________ Print name and title: Date: (Attach Resolution of Governing Body Authorizing Signature) MINNEHAHA CREEK WATERSHED DISTRICT ______________________________________________ District Administrator Date: St. Louis Park City Council Meeting 041204 - 4g - MCWD Management Model Agmt Page 8 of 8 ATTACHMENT A WATERSHED MANAGEMENT MODEL THIRD-PARTY CERTIFICATION _________________________ hereby requests authority to exercise rights to use the Minnehaha Creek Watershed District’s Watershed Management Model (MCWMM) as an agent, consultant or contractor to _____________________ under the License Agreement executed on ______________ between ___________________ and the Minnehaha Creek Watershed District. In assuming that authority, and in consideration therefore, ___________________ hereby represents and affirms that it has received and is familiar with the cited License Agreement, that its authority is limited by the terms of the Agreement, and that it is fully subject to all limitations, obligations and liabilities set forth in that Agreement to the same extent as if it were a signatory thereto. [NAME of ENTITY] By ________________________________ Print name and title: Date: Address: Phone: Email: (Notary Acknowledgment) St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 3, 2004--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Lynne Carper, Ken Gothberg, Claudia Johnston-Madison, Dennis Morris, Carl Robertson, Jerry Timian (arrived at 6:25 p.m.) MEMBERS ABSENT: none STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of February 18, 2004 Commissioner Morris moved approval of the minutes of February 18, 2004 and the motion passed 5-0-1 (Commissioner Bissonnette abstained). 3. Hearings A. Case No. 04-04-ZA—Proposed amendments to St. Louis Park Ordinance Code (Zoning) relating to Section 36-79 Grading; filling and land reclamation; excavation and mining that requires a conditional use permit for fill or excavation of over 400 cubic yards. Judie Erickson, Planning Coordinator, presented a staff report. She explained that in terms of trying to streamline the erosion control permitting process, but not lose any of the controls that still need to be maintained, staff proposes this section of the Code be deleted as the controls can be retained in the administrative permitting process. She added that this section of the Code was written many years ago when activities such as wetland fill and gravel mining activities were occurring, and much of the language is outdated. Commissioner Carper said that although a process for neighborhood notification and comment period will be required under certain circumstances, he is concerned about reducing exposure of development activities to the larger community which currently exists through cable TV broadcast of public hearings. Ms. Jeremiah responded that there are other means of communicating development activities such as Park Perspective and the web site. The City continues to find ways to improve those kinds of accessibility. She said the intent of the change in the process is not to eliminate public information and comment. It is to reduce the onerous layers of St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 2 permitting processes. Ms. Jeremiah said staff believes there is a more efficient way to do it without losing discussion and public awareness. In response to Commissioner Carper’s question regarding public hearings for fill or excavation, Ms. Erickson said that projects which already require a separate conditional use permit and which include land disturbing events will continue to go through the Planning Commission process. Commissioner Carper commented on the Planning Commission’s ability in the past to provide recommendations regarding providing flag people, holiday concerns and haul route changes for certain projects. Ms. Erickson said that the Planning Commission does provide good oversight and conditions for projects. Staff does its best to try to be sensitive to neighborhoods. City staff is proposing to streamline the process, still provide for public input, and make St. Louis Park a little friendlier for development to occur. Ms. Jeremiah added that staff intends that the previous conditional use permit conditions would be used as precedent examples for the types of conditions which would be included on the new permit, such as limiting the hours of operation, the haul route, and providing flag people. Commissioner Carper said he did concur with the City in its effort to streamline the process to make things more efficient and effective for everyone. He said staff had addressed his concerns about safeguards in the process. Chair Robertson opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Bissonnette said she agreed with the staff recommendation to delete Section 36-79. Chair Robertson said many permitting areas cannot be streamlined but in those situations where it is possible, the process should be made more efficient. Commissioner Timian arrived at 6:25 p.m. Commissioner Gothberg made a motion to recommend approval of Ordinance Code text amendments (related to zoning) to eliminate Section 36-79. The motion passed on a vote of 6-0-1 (Commissioner Timian abstained). St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 3 B. Case No. 04-05-CP— Request to consider application of Dworsky Family Trust and the City for Comprehensive Plan map and text amendments to change the land use designation for property located in the southwest quadrant of TH7 and Wooddale Avenue from Civic-Mixed-Use to Commercial Mixed-Use, and application of City to change the land use designation for property located in the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and to amend text in the Chapter U, Plan By Neighborhood, Elmwood Neighborhood to change the location of the designated transit station to correspond to the findings of the Elmwood Area Land Use, Transit, and Transportation Study, and to amend the text in Chapter P, Redevelopment to limit land use for the Dworsky property. Ms. Erickson presented a staff report. She said the staff recommendation for approval is made with the understanding that traffic in the area needs further study. When a PUD application is submitted for the project, a traffic study will need to be submitted showing the level of service impacts at the Wooddale Avenue/Frontage Road and Wooddale Avenue/TH 7 intersections. Commissioner Morris asked why the development proposal would come back to the Planning Commission if the land use designation is changed as currently requested, making the concept plan conforming, Ms. Erickson said the development will require a PUD and public hearing before the Planning Commission. She explained that the current request is for a guide plan land use change to remove the civic designation. Ms. Erickson said that in the Commercial Mixed-Use district, the use will require a PUD. Commissioner Morris said his concern is that the intersection is in flux, partially due to rapid transit and to a redesign of the roadway. He asked about changing the designation when another change may be necessary later. He commented on the effect of the redesign of the roadway on the PUD property. He asked if the current request is premature, given the flux of the area. Ms. Erickson said that the Dworsky Family has been involved in the Elmwood Study and had hoped to do the redevelopment prior to the Study. She said they have been very patient in allowing the City to complete the Study and also to designate how the City wants the frontage road to be located. She explained that the applicant’s plan shows parking where the roadway configuration would be. There is a possibility of moving parking to a right-of-way at Brunswick Ave. Ms. Erickson said the applicant is interested in purchasing a piece of City property to make the redevelopment happen. The City has been involved with the Dworsky Family in discussions about how to make the PUD work. The City has decided, however, that the transit station will not be located on the property, making the civic designation inconsistent with the study recommendations or with future plans for the area. She said an application which is inconsistent with the Comprehensive Plan cannot be accepted, so that request needs to be put in place before working on other issues. St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 4 Commissioner Gothberg asked what would happen if the applicant wants to develop the property but neither the City, Hennepin County or the State has the financing to rearrange the frontage road? Ms. Erickson responded that the State does want the rearrangement to happen. There are several State funds that the City would try to tap into for construction. She said the more serious difficulty regards timing issues, but the reguiding is the first thing that needs to occur. Staff wants to make sure that the language and designation is in place which does address some of the traffic issues. Commissioner Carper asked if the neighborhood can ratify changes to the Comprehensive Plan. Ms. Erickson said a separate neighborhood meeting for the Comp Plan amendments was not held. The applicant has gone to the neighborhood with their proposed plan. The feedback Ms. Erickson has received is that the neighborhood is more concerned about the property south of the railroad and to the west of Wooddale Avenue. Property owners within 500 feet of the property were notified of the public hearing. Neighborhood association presidents or contacts are also routinely notified of public hearings regarding neighborhood property. Chair Robertson said for future planning on the project, he would suggest that the plan be designed more uniformly for each façade to accommodate future frontage road relocation. Chair Robertson opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Timian asked about the timeline for the transit line. Ms. Erickson said this line could be the third corridor of light rail transit, making it approximately 10 years away from development. Commissioner Timian asked about the possibility of a short term bus line. Ms. Erickson responded the only possibility at this time, due to legislation, would be between Hopkins and St. Louis Park. Commissioner Gothberg made a motion to recommend approval of the map amendment changing land use designation from Civic-Mixed-Use to Commercial Mixed-Use and right of way for property on the southwest quadrant of TH7 and Wooddale Avenue. He made a motion also to recommend approval of the map amendment changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and text amendments to Chapter P and St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 5 Chapter U of Comprehensive Plan 2000 – 2020. The motions were passed on a vote of 7-0. C. Case No. 03-70-ZA—Proposed amendments to various sections of Chapter 36 of the Ordinance Code (pertaining to zoning) to redefine and standardize open space requirements in the various zoning districts. Ms. Erickson stated that at study sessions, the City Council expressed concern about lowering the open space requirements for single family homes in the R-1 zoning district. City Council would like to retain 600 sq. ft. of usable open space (open lot area) in the R- 1 District. Ms. Erickson said in an earlier discussion with the Planning Commission, staff had not discussed making open space standards consistent for nursing homes, group homes and other kinds of residential-related uses. She said the entire proposed text amendments are now to be considered by the Planning Commission. Ms. Erickson said a spreadsheet attached to the amendments should summarize the proposal for open space requirements. The staff report also includes a chart showing how the PUD reductions would be applied to all of the varied uses. Commissioner Carper asked for explanation about the minimum dimension of 20 feet in all directions included in the Open Lot Area definition. He said City Council had asked for 600 sq. ft., but 20 feet in all directions would be 400 sq. ft. Ms. Erickson said 20 feet in all directions is a minimum dimension not a maximum dimension, so that anything less than 20 feet cannot be measured. In order to meet the 600 sq. ft. requirement, the open area could be 20 x 30 feet but 10 x 60 feet would not meet the minimum dimension requirement. Commissioner Morris said that one reason this was discussed was to prevent space which was really unusable from being counted as square footage and being designated as the recreation area. Chair Robertson asked if there was a minimum dimension for the Designed Outdoor Recreational Area. Ms. Erickson said one has not been included at this time. It was not included because it would be hard to meet all of the standards without providing a reasonable width. Chair Robertson asked if the summary spreadsheet would appear in the zoning code. Ms. Erickson said that could be a friendly amendment to the proposed amendments. Commissioner Gothberg asked why swimming pool was not included in the open lot area definition, but was included in the Designed Outdoor Recreational Area definition. Ms. Erickson said the Commission can make a recommendation including a swimming pool as Open Lot Area. St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 6 Commissioner Morris said in the past discussion occurred whether or not a sand lot was recreational equipment, or a swimming pool or paved patio decks were considered recreational or open. He said open and accessible space doesn’t have to be a green space only. He went on to say that pools are definitely recreational, though seasonal. Commissioner Gothberg suggested that swimming pools be added into the Open Lot Area definition. Commissioner Gothberg said in the Commission’s original discussions relative to single family and reducing the 600 sq. ft. requirement for usable open space, the Commission’s recommendations were related to the fact that St. Louis Park has so many small lots where the 600 sq. ft. requirement can hinder additions to houses and garages. He asked to hear more about the City Council’s viewpoint. He suggested a compromise depending on lot size. Ms. Erickson responded that the Council discussed the 600 ft. requirement at more than one study session. At Council’s request, staff provided numbers of all of the lots that were substandard in the R-1 District. She said a lot of discussion was held about the overall requirement in the R-1 being for larger lots, the feeling of open space versus building size, and balance. Staff studied variances and found that variances only inhibited garages in the R-1 district, and did not impact the house because the original text said it had to be in the rear yard which was the rear 25 feet. Ms. Erickson explained that if that is fixed in the amendment, Council felt the 600 ft. requirement should be retained. If there were issues that prohibited expansions, that could be brought back at a later date. Chair Robertson commented that a subject at the recent Housing Summit sessions has related to creative ways to increase house sizes. He said he thinks the 600 ft. requirement probably works for what currently exists. Other mechanisms may be looked at to address larger houses and can be addressed in the future. Commissioner Morris said the 600 ft. requirement should be subject to variance so that if a property owner wants to expand a garage and needs to take 100 ft. of the open land area they could request a variance. He said if variance requests become too frequent, then there is a problem with the code, but it doesn’t exclude people from making those decisions and expanding their use of the property. Ms. Jeremiah responded that there would be a variance option. She added that the variance findings are fairly onerous so expanding a lot or building beyond what is considered typical, reasonable use would not necessarily warrant a variance. If there were many variance requests that could be looked at in the future. Ms. Jeremiah said she wasn’t sure if consensus was reached regarding swimming pools in the single family districts. She said she wanted to point out that a swimming pool could conceivably be the only open lot area on a single family property. Ms. Jeremiah added St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 7 that pools aren’t accessible in the winter, they are covered, and may not have the same appearance as the other types of areas considered to be open lot area. She said it wouldn’t be uncommon to have a 20 ft. by 20 ft. or 20 ft. by 30 ft. swimming pool on a single family property. In and of itself that would meet the open lot area requirement. Chair Robertson suggested that language such as allowing a swimming pool to encroach as long as 50% of the required open space is not swimming pool could be a compromise. Chair Robertson opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Morris said he believed the code keeps the door open to expand building sites in St. Louis Park while still retaining some open space on properties. He asked about the front yard setback and open space. Ms. Jeremiah said the open lot area cannot be located in the front yard or the side yard abutting a street. Commissioner Morris moved to recommend approval of amendments to various sections of Chapter 36 of the Ordinance Code (zoning) according to the draft ordinance and with inclusion of comments and suggestions of the Planning Commission. The motion passed on a vote of 7-0. 4. Unfinished Business 5. New Business 6. Communications A. Recent City Council Action – March 1, 2004 B. Other 7. Miscellaneous Commissioner Morris said in reference to Commissioner Carper’s comment about neighborhood involvement in Comp Plan changes, specifically the Plan by Neighborhood section, he suggests a requirement that the neighborhood review the Plan by Neighborhood section. He suggested a change to the Comp Plan text such that the neighborhood association must be involved in the decision. Chair Robertson agreed that it would be good to have official neighborhood documentation of endorsement or comments as part of the process. Ms. Jeremiah said that was a very good suggestion. She said in the case of the application being considered at this meeting, the changes to the neighborhood St. Louis Park City Council Meeting 041204 - 4h - Planning Commission Minutes of 3-3-04 Page 8 language are consistent with the Elmwood Study, which had already gone through the neighborhood process. She added that the original Plan by Neighborhood sections of the Comprehensive Plan were developed during a number of neighborhood meetings held with Ms. Erickson, so it is a good suggestion that neighborhoods see the amendments. 8. Adjournment Chair Robertson adjourned the meeting at 7:15 p.m. Respectfully submitted, Nancy Sells Administrative Secretary St. Louis Park City Council Meeting 041204 - 4i - Amend MSP Planning Contract Page 1 4i. Motion to approve the First Amendment to the Planning Development Contract by and between the City of St. Louis Park and MSP SLP Apartments, LLC dated. Background: According to the Planning Development Contract between the City and MSP SLP Apartments LLC, the developer agreed to pay the City $225,000 upon completion by the City of a left turn lane on Louisiana Avenue and a traffic signal at the intersection of Louisiana Avenue and Walker Street (the “City Off-Site Costs”). That reimbursement was subsequently reduced by $2,500 due to the extraordinary costs incurred by the developer to install two exit stairs from its building along Walker Street per the City’s requirements. The developer remains willing to pay the remaining $222,500 due under the contract, but would now prefer not to pay it all at once. The developer is, therefore, requesting that its property at 7201 Walker Street be specially assessed for these improvements over 10 years as per the terms outlined in the City’s Special Assessment Policy. The City’s legal counsel has prepared the attached amendment to the Planning Development Contract which allows for this special assessment and which has been approved by the developer. City staff is comfortable with the special assessment approach. This same approach was agreed to with Methodist Hospital last Fall for the traffic improvements being made on the south side of Hwy 7. Attachments: First Amendment to the Planning Development Contract. Prepared by: Greg Hunt, Economic Development Coordinator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4i - Amend MSP Planning Contract Page 2 AMENDMENT TO PLANNING DEVELOPMENT CONTRACT THIS AGREEMENT effective April __, 2004, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), and MSP SLP APARTMENTS, LLC, a Minnesota limited liability company (“Developer”). RECITALS a. Developer is the fee owner of Lot 1, Block 1, MILL CITY ADDITION more particularly described on the attached Exhibit “A”, all located in the City of St. Louis Park, County of Hennepin, State of Minnesota, and having a street address of 7201 Walker Street, St. Louis Park, MN ("subject property"). b. Developer and the City have entered into a Planning Development Contract (“Contract”) dated April 3, 2000, relating to the Subject Property; c. Paragraph 5 of that Contract details the terms under which the City was to construct a left turn lane on Louisiana Avenue and a traffic signal at the intersection of Louisiana Avenue and Walker Street (the “City Off-Site Costs) and the Developer was to reimburse the City for these City Off-Site Costs benefiting the Subject Property. d. The parties now desire to modify the afore-described Paragraph 5 to release the Developer from its obligation to immediately reimburse the City for the improvements and instead for the City to levy a special assessment on the Subject Property to allow the Developer to reimburse the City over a period of years rather than in a lump sum. NOW THEREFORE, the parties agree that Paragraph 5 of the Contract is amended to read as follows: 5. The City will construct a left turn lane on Louisiana Avenue and a traffic signal at the intersection of Louisiana Avenue and Walker Street (the “City Off-Site Costs) and the Developer will pay the City for these improvements benefiting the Subject Property. The City will construct the improvements in 2004. The City will assess the Subject Property for the City Off-Site St. Louis Park City Council Meeting 041204 - 4i - Amend MSP Planning Contract Page 3 Costs in an amount not to exceed two hundred twenty-two thousand five hundred dollars ($222,500), payable in equal principal installments over ten (10) years with the first payment of principal due in 2005 as taxes are collected. The assessment shall bear interest at a rate set in the City’s current assessment policy, but not to exceed 8%. Developer may prepay any annual installment or the entire remaining amount of the assessment as provided for in Minnesota Statutes Chapter 429. The Developer, by signing this Amendment to Planning Development Agreement, acknowledges that all procedural and substantive objections to the Assessment are hereby waived unconditionally. The waiver includes any rights of Developer, its successors or assigns to any notice, hearing or other procedural requirements under Chapter 429 or other law and any claim that the assessments exceed the benefit to the Subject Property. The Developer further waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. This Agreement shall be recorded against the title to the subject property and shall run with the land. CITY OF ST. LOUIS PARK BY: _____________________________________ (SEAL) Jeff Jacobs, Mayor AND ____________________________________ Tom Harmening, City Manager MSP SLP APARTMENTS, LLC By: Milo Pinkerton Its: President STATE OF MINNESOTA ) ( ss. St. Louis Park City Council Meeting 041204 - 4i - Amend MSP Planning Contract Page 4 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ______________, 2004, by Jeff Jacobs and by Tom Harmening, respectively the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ______________, 2004, by Milo Pinkerton, the President of MSP SLP Apartments, LLC, a Minnesota limited liability company, on behalf of said limited liability company. ____________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ St. Louis Park City Council Meeting 041204 - 4i - Amend MSP Planning Contract Page 5 EXHIBIT “A” TO PLANNING DEVELOPMENT CONTRACT Lot 1, Block 1, MILL CITY ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract and Torrens Property) St. Louis Park City Council Meeting 041204 - 4j - Time Warner Franchise Renewal Page 1 4j. Motion to Extend the Time Warner Cable Renewal Proceeding to November 1, 2004 Background: The cable tv franchise renewal proceeding is used to evaluate the legal, technical and financial qualifications of the current cable system operator and evaluate the current and anticipated needs of different communities within the City. Our current franchise expires February 27.2005. At their August 4, 2003 meeting, Council extended the renewal proceeding to April 5, 2004, to continue needs assessment activities. At that time the 2004 council meeting schedule hadn’t been adjusted to accommodate Passover observance. All Council actions had to be moved to the April 12 meeting. Currently, staff is researching renewal topics, including community/economic development (areas unserved by TWC) and public safety (digital phone service 911.) These and proposed franchise ordinance changes (refer to your February 23 study session handout) have not received final evaluation and corresponding recommendation. Staff is meeting with TWC public affairs staff and their legal counsel on April 8. Staff will keep the Council informed as matters progress. Prepared by: John McHugh, TV Coordinators Through: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4k - 2003 Telecommunications Commission Annual Report Page 1 4k. Motion to Receive the Telecommunications Advisory Commission 2003 Annual Report for Filing Report Format: Members of the Telecommunications Advisory Commission last met with the City Council at the Study Session of February 23, 2004. At that time council was aprised of the activities of the Commission including progress made on Cable TV franchise renewal negotiations. It is anticipated that during the next few months Council and the Commissioners will be meeting again in study session to discuss the franchise. Because of the frequency of interactions between the two groups, this annual report has been prepared as a written report. Should council wish to discuss information contained in this report, a meeting to do so will be scheduled. Background: In 2003 the Telecommunications Advisory Commission held 5 regular meetings and made a presentation to Council at a regular meeting March 17. Two Commissioners attended a spring legislative luncheon and five Commissioners attended a fall conference held by the Minnesota Association of Community Television Advisors (MACTA). Also, one Commissioner attended a conference in Denver hosted by the National Association of Telecommunications Officers and Advisors. Chair Ken Huiras met periodically with staff to monitor progress on Commission issues. Other activities of note include: Time Warner Cable (TWC) Franchise Fee Audit The audit process began in October, 2001 and concluded in November 2003. As a result of the audit, TWC made payment of $12,515 to reimburse the City for the cost of the audit and $6,493 for additional amounts due. In the end, there were offsetting claims for underpayments and overpayments by both parties in amounts of approximately $900. Both parties agreed to drop the offsetting claims. Additionally, the City will collect additional revenues in the future of several thousand dollars per year. Metro Cable Network Channel 6 In July, 2002 the City received a complaint concerning TWC’s practice of charging some multiple dwelling unit buildings (MDUs) a monthly fee for deleting Regional Channel 6 (and replacing it with entryway security camera video) based on total units in the building, not on actual units subscribing to TWC. The Telecommunications Advisory Commission received the original complaint and discussed it with Time Warner representatives at several meetings. While the complaint was resolved, the larger issue of TWC "leasing out a channel" by deleting a programming service required, by state statute, to be delivered to all their metro area subscribers, remained unresolved and was reviewed by the Commission. The review was carried forward into 2003, and resulted in a standstill agreement (of use of MCN channel 6) that was approved by Council at the October 7, 2003 meeting. St. Louis Park City Council Meeting 041204 - 4k - 2003 Telecommunications Commission Annual Report Page 2 Renewal of Time Warner Cable Franchise A May 24 letter from TWC formally started the renewal process of the current franchise, which expires February 27, 2005. The renewal proceeding was started by public notice, published November 14 and 21, 2002. The proceeding was extended at the August 4, 2003 City Council meeting, and the Council will extend or close the proceeding at the April 12, 2004 Council meeting. Chair Ken Huiras has met periodically with staff to discuss the renewal issue, and attended the first renewal meeting with Time Warner Cable. School District funding In May the Council approved full funding of the District’s request for a $35,000 operations grant from cable TV franchise fees. In 2002, the City provided the School District with two grants, an operations grant for $35,000 and an equipment grant of $38,000, so the 2003 grant was a reduction consistent with the City Council’s budget direction. Beginning in January 2003, School Board meetings are carried live and replayed on educational channel 14 (KPTV), using new equipment provided by the 2002 equipment grant. Legislative Issues The Minnesota State Legislature did not address telecommunications reform in 2003. MACTA’s legislative subcommittee and lobbyists met with Senator Steve Kelley, representatives from the cable TV industry and the Minnesota Telephone Association seeking broad support for amending state law. Telecommunications Advisory Commission Attendance: 2003 Commissioner 1/23 3/17 Council meeting 5/8 7/24 10/23 12/4 Total meetings attended Ken Huiras (Chair) YES YES YES YES YES YES 6 Bruce Browning (Vice Chair) YES YES YES - YES YES 5 Rick Dworsky YES - - YES YES YES 4 Dale Hartman YES YES YES - YES YES 5 Bob Jacobson YES - YES - YES YES 4 Mary Jean Overend YES - YES YES YES YES 5 Rolf Peterson YES YES YES - YES YES 5 Attachments: Work Plan for 2004 Prepared by: Reg Dunlap & John McHugh, TV Coordinators Through: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 4k - 2003 Telecommunications Commission Annual Report Page 3 2004 Telecommunications Advisory Commission Work Plan February 12 Council Chambers ¤ Annual meeting: Elect Chair and Vice Chair ¤ Review draft 2003 Annual Report to Council and 2004 Work Plan ¤ Public Hearing on franchise renewal ¤ Emergency Alert System update ¤ “Pasadena” court case & bill itemization background ¤ Staff proposal for Time Warner $100,000 equipment grant ¤ Background on proper uses of Social Security Numbers & privacy policies ¤ Bylaws reviewed April 12 Joint meeting with City Council ¤ Renewal extension ¤ Review 2003 Annual Commission Report to City Council ¤ Review Work Plan for 2004 ¤ Franchise renewal update May 6 Westwood Room or at Senior High School ¤ School District funding for 2004 ¤ Review: School District using interns for extra experience & to produce programming ¤ Discuss cable TV possibilities related to Jewish Community Center & Park Nicollet $100,000 Senior Summit grant August 19 Westwood Room ¤ Review Time Warner Annual Filings ¤ Customer service update ¤ Franchise renewal progress report ¤ Publicity brainstorming for cable access channels ¤ Review Cable TV Department 5 year equipment plan October 21 Westwood Room ¤ Franchise renewal update ¤ Other leftover topics December 2 Westwood Room ¤ Time Warner presentation on new cable rates and/or changes in the channel line up ¤ Set meetings for 2005 ¤ Work Plan for 2005 St. Louis Park City Council Agenda Item: 041204 - 8a - Confirm Appointment of Comm Dev Dir Page 1 8a. Resolution confirming the appointment of Kevin Locke to the position of Director of Community Development Recommended Action: Motion to adopt resolution confirming the appointment of Kevin Locke to the position of Director of Community Development effective May 3, 2004. Background: With the appointment of Thomas K. Harmening to the position of City Manager, a vacancy has been created in the position of Director of Community Development. Following an extensive recruitment and selection process, the City Manager has selected Kevin Locke to fill the position. The City’s Community Development Director is primarily responsible for the management and leadership of the Community Development Department, including planning and zoning, housing, and economic development and redevelopment. The Director develops and oversees the preparation of recommendations to the City Council, EDA, Planning Commission, Board of Zoning Appeals (BOZA) and Housing Authority Board. In his capacity as Community Development Director for the City of New Brighton, Mr. Locke has been very successful in his endeavors. The City of St. Louis Park is most fortunate to find him willing to bring his many talents and abilities to our community. City Charter Section 5.04: Powers and Duties of the City Manager, states that with the consent of the Council the City Manager may appoint all department heads and other officers of the City . At this time, the City Manager is seeking confirmation from the Council of the appointment of Mr. Kevin G. Locke as Director of Community Development. Attachments: Resolution Resume (Supplement) Prepared By: Cindy Reichert, City Clerk Approved By: Tom Harmening, City Manager St. Louis Park City Council Agenda Item: 041204 - 8a - Confirm Appointment of Comm Dev Dir Page 2 RESOLUTION NO. 04-045 CONFIRMING THE APPOINTMENT OF KEVIN G. LOCKE TO THE POSITION OF DIRECTOR OF COMMUNITY DEVELOPMENT EFFECTIVE MAY 3, 2004 WHEREAS, St. Louis Park City Charter section 5.04 grants authority to the City Manager to control and direct the administration of the City's affairs and to appoint with the consent of the Council all Department Heads; and WHEREAS, The appointment of Thomas K. Harmening to the position of City Manager has resulted in a vacancy in the position of Director of Community Development; and WHEREAS, The City Manager has caused an extensive recruitment and selection process to be undertaken and as a result of that process now wishes to appoint Kevin G. Locke to the position of Director of Community Development. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that the decision of the City Manager to appoint Mr. Locke to the position of Director of Community Development effective May 3, 2004 is hereby confirmed. Reviewed for Administration: Adopted by the City Council April 12, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 1 8b. City Engineer’s Report: 2004 Sidewalk Improvement Project – City Project No. 04-02 and Traffic Study No. 588 This report considers the construction of various sections of new sidewalk in accordance with the City’s sidewalk, trails, and bikeway plan and authorizing installation of parking restrictions. Recommended Action: 1. Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk. 2. Motion to adopt the attached resolution authorizing installation of “No Parking” restriction on the north and south sides of W. 41st Street from Utica Avenue to Wooddale Avenue. Background: Making the City a safer and more pedestrian-friendly community was one of the recommendations of Vision St. Louis Park. In response to this suggestion, a city- wide Sidewalk, Trail, Bikeway and Crossing Plan was developed. This Plan, which has been incorporated into the City’s Comprehensive Plan, identifies areas of the city in need of additional sidewalk, trails or bikeways; and, busy roadway or railroad crossings where safety improvements can be made. The primary objectives of the program were to connect points of interest – schools, parks, retail areas, provide for better livability, and fill in “missing” links in the system. At the March 1, 2004 City Council meeting, staff presented a preliminary report on this project and identified potential design issues. At that Council meeting, staff was authorized to hold informational meetings with the adjacent residents. Analysis: Five (5) segments of sidewalk were identified for installation within this year’s project. Trail segments, identified for construction in 2004, will be built as part of a separate project later this year. All of the sidewalk segments included in this project were scheduled to be constructed in 2003. Funding for the 2003 sidewalk was anticipated to come from State Aid funds for those segments along State Aid-designated routes, and from General Obligation Bonds for the other segments. Due to budget concerns, only State-Aid eligible segments were constructed in 2003 except for Brookside Avenue which was held over due to concerns from the neighborhood. Therefore, this project includes all of the non-State Aid segments plus Brookside Avenue. St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 2 Also, the Walker Avenue segment has been changed from sidewalk to trail at the request of the Parks and Recreation Department. This segment will be constructed at some time in the future, when street reconstruction becomes necessary. Public Involvement: Methods that have been or will be used on this project for property owner review and communication are summarized in the following table: Task/Step Approx. Date Mailed notice of proposed project April 2002 Mailed request for information from adjacent property owners February 2003 Informational meeting for Brookside Ave. sidewalk May 2003 Notice of delay in construction due to lack of available funding September 2003 Informational meetings with adjacent residents to discuss preliminary plans March 2004 Project approval/final plan approval by City Council (noticed to residents) April 2004 Pre-construction notice to residents May 2004 Construction (periodic notices throughout as needed) June-August 2004 In February 2003, an informational letter and a questionnaire were mailed to all affected property owners informing them about the upcoming project. The questionnaire asked residents to tell the City of any special circumstances or issues that might impact the project, i.e. sprinkler systems, special plants, etc. A summary of the comments received from the questionnaires as well as comments received at the recent neighborhood meetings have been summarized for the Council as an attachment to this report. Informational meetings were held on March 18th, 2004 with the affected property owners, to solicit input on the designs and to answer questions about the construction. Following is a summary of the number of attendees at each informational meeting, based upon the sign-in sheets: Meeting Date Segment # of Attendees March 18 Brookside/Aquila & Wooddale Avenues/ Morningside Road 4 March 18 W. 41st Street 6 The majority of the attendees were interested in reviewing the proposed design and determining how it would affect their individual property. Analysis: Each of the sidewalk segments were designed, by Engineering Division staff, based upon the guidelines established for the program. These guidelines indicate a St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 3 preferred design of a 6’-wide concrete sidewalk with a 7’-wide grass boulevard. When necessary to protect trees, where existing yard slopes were significant, or other physical conditions warranted, the boulevard was narrowed or the sidewalk width was narrowed. For W. 41st Street, the plan called for the street to be narrowed by 6 feet in order to accommodate the new sidewalk. Permits from the Minnehaha Creek Watershed District are required for this project as well as a City erosion control permit. Design/Construction Considerations: Aquila Avenue (33rd Street to 34th Street): Two trees and several bushes will need to be removed. The fence at 3334 (ranch style) will need to be relocated off the right-of-way by the property owner. Staff discussed this with the property owner last year via telephone and at this year’s neighborhood meeting. This sidewalk will also extend north of 33rd Street and connect into the existing trail in Aquila Park. Morningside Road(Wooddale Avenue to Browndale Avenue): No significant issues were encountered in designing this segment. However, the boulevard was eliminated for most of the segment to avoid impacts to trees. The sidewalk will jog south at the corner of Browndale Avenue to avoid two large trees. The sidewalk will also extend south on Browndale, from Morningside, to the first driveway. Wooddale Avenue (Highway 100 ramp to Webster Avenue): This segment runs along the east side of Wooddale Avenue, adjacent to Aldersgate Methodist Church. This walk will bridge the cul-de-sac at Goodrich Avenue which prevents through movement of vehicles. Two trees will need to be removed to accommodate the new walk, and power poles will be relocated. Brookside Avenue (W. 42nd Street to Jackley Park): This segment was originally intended to run from W. 42nd Street south to Yosemite Avenue. In January 2003, the City received a petition signed by several residents along Brookside Avenue expressing concern over the loss of very large, mature trees as a result of the sidewalk installation. Subsequently, staff prepared a design for Brookside that would narrow the street by 6 feet in order to install the new walk without the loss of the largest trees. As a result of a neighborhood meeting and a follow-up meeting with neighborhood representatives, the walk was shortened to run from W. 42nd Street to the south edge of Jackley Park. Association leaders expressed interest in providing additional parking, near the park, if possible. Staff was able to design this sidewalk segment to allow for a 4-stall parking bay adjacent to the park. Parks and Recreation staff indicated that this was adequate based on current park activities. This design would remove two trees, relocate the park sign, and re-grade the slope down into the park. St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 4 W. 41st Street (34th Street to 36th Street): Installing walk in the existing boulevard area would involve the loss of a significant number of trees. Therefore, staff has designed this segment to narrow the street by 6 feet with no boulevard to allow installation of the walk. This will require that the entire street surface be milled off and replaced to provide adequate drainage. Some storm sewer work is needed on the west end. Street narrowing will require that parking on both sides of 41st Street, from Utica Avenue to Wooddale Avenue, be removed. Concerns were expressed at the informational meeting about the need for this walk, fast movement of traffic/need for Stop signs at Toledo Avenue and, loss of parking where it is already scarce. Staff agreed to investigate these requests as appropriate and has summarized our findings as follows: Fast Traffic/Installation of Additional Stop Signs at Toledo Avenue to Slow Traffic According to residents at the informational meeting, the faster traffic travels primarily from west to east, possibly from the streets to the south of 41st and from the church. Some residents park their vehicles in a staggered way along 41st Street in an attempt to slow down the traffic. Stop signs are already installed along all of the side streets leading onto 41st Street. One resident at the neighborhood meeting commented that many drivers ignore the Stop sign on the north-bound approach of Salem Avenue and the 4-way Stops at Wooddale Avenue. There is a slight hill, between Toledo and Utica Avenues, which reduces sight lines. Staff feels that narrowing the street to 22 feet may slow down vehicle speeds. It is unlikely, due to traffic volumes or accidents, that the intersection of Toledo Avenue with 41st Street would meet the warrants for a 4-way Stop condition. Public Works staff is initiating a separate effort in the Browndale neighborhood to consider implementation of a basket-weave Stop sign pattern. This effort will likely address these concerns. Lack of Off-street Parking for Residents & Guests All of the streets (Salem, Toledo & Utica Avenues) leading onto W. 41st Street have adequate on-street parking. One home, located at 5250 W. 41st Street, faces W. 41st and is bounded by two alleys. Wooddale Avenue is currently signed for “No Parking”. Therefore, the homes that face Wooddale Avenue and the home along 41st Street, are most affected by the loss of parking. Staff has developed a plan to install a 2-vehicle parking bay along the north side of 41st Street adjacent to 5250. This would cost an additional $13,000 and would require a small of amount of private property to construct. Although construction is feasible, such bays do add additional maintenance costs for the City and, they can not be designated solely for the use of one or two properties. Bays are also subject to the same parking restrictions during snow emergencies as streets. This might alleviate some of the residents’ concerns but not all. One boulevard tree would need to be removed to construct the bay and a retaining wall would need to be installed adjacent to the bay. St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 5 Staff has sent a letter to the property owner at 5250 W. 41st Street informing them of the proposed plan and has requested feedback on their interest in having the City construct this as a part of the project. Staff will update the Council at the meeting of any response from the property owner. Financial Considerations: All of the segments are anticipated to be funded using General Obligation Bond funds. Estimated costs, based upon the proposed plans, are slightly higher than originally anticipated when the project was developed. $294,877 was budgeted in the 2004 Capital Improvement Program for these sidewalk segments. The total estimated cost, at this time, is $312,730. This is a difference of $17,853 or approximately 6%. A summary of the anticipated construction costs and design elements follows: Estimated Costs: Street From To Side Walk Width Blvd. Width Cost Aquila Ave. 33rd Street 34th Street West 6’ 4.5’ $29,618 Wooddale Ave. TH 100 ramp Webster Ave. East 6’ 0’ $37,964 Brookside Ave. W. 42nd Street Jackley Park East 6’ 0’ to 6’ $30,224 Morningside Rd. Browndale Ave. Wooddale Ave. South 6’ 0’ $31,365 W. 41st Street TH 100 pedestrian bridge Wooddale Ave. South 6’ 0’ $127,165 Sub-Total $256,336 Contingency $ 25,634 Subtotal $281,970 Engineering & Admin. $ 30,760 TOTAL $312,730 Revenue Sources: 2006 General Obligation Bond Funds $312,730 Project Timeline: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • Approval of Plans/Authorization to Bid by City Council April 12, 2004 • Advertise for bids April/May • Bid Opening May 112004 • Bid Tab Report to City Council; Award contract May 17, 2004 • Construction June thru August, 2004 Attachment: Map (supplement) Resolution-approve plans and specifications Resolution-parking restrictions – Traffic Study No. 588 Summary of Resident/Affected Parties Comments St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 6 Letter to 5250 W. 41st Street Prepared by: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 7 RESOLUTION NO. 04- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 04-02 & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the construction of various segments of concrete sidewalk as identified in the Sidewalk, Trail, Bikeways and Crossing plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 3. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the May 17, 2004 City Council meeting. Attest: Adopted by the City Council April 12, 2004 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 8 RESOLUTION NO. 04- RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS ON THE NORTH AND SOUTH SIDES OF W. 41ST STREET FROM UTICA AVENUE TO WOODDALE AVENUE TRAFFIC STUDY NO. 588 WHEREAS, the City of St. Louis Park, Minnesota, has studied and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. “No Parking” restrictions on the north and south sides of W. 41st Street from Utica Avenue to Wooddale Avenue. Attest: Adopted by the City Council April 12, 2004 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 9 2004 Sidewalk Construction Project February 2003 Questionnaire Responses* Segment Name Address Comments 41st Street Carol Friedell 4101 Utica Avenue Special plantings or trees in the boulevard: Birch, apple & Maple trees 41st Street Kenneth Lundell 4100 Wooddale Ave. Special plantings: large Elm tree; we hope the Elm tree will remain 41st Street Ron & Mary Berry 4100 Salem Ave. Makes our driveway unusable; If you do a boulevard setback this puts the sidewalk within 4-5 feet of our door. This is #^$*(! We feel you have been deceitful all the way thru this project. You’ve bulldozed your way thru this from Day 1. We turned in a petition with over 100 signatures that were opposed to this project and you “conveniently” lost it. With all the budget cuts going on, programs that really benefit people being slashed – we think you can find a better plan for the money that will be used for sidewalk going no where! You have not listened to your citizens & taxpayers who pay your paycheck. We guarantee you that more people would use a sidewalk going to Browndale Park than will use the one going to the foot bridge over 100. Plus, the City does not maintain the sidewalks they have-what do they need to put in more sidewalks for? Aquila Ave. Ron & Kate Westermeyer 3300 Aquila Ave. Lilac bushes may not be in boulevard but they are by boulevard. Sidewalk appears to go between the fire hydrant & bushes. St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 10 Aquila Ave. Betty T. Schmit 3334 Aquila Ave. How close to an existing fence & what accommodations will be made? Brookside Ave. Diane Hedges 4201 Brookside Ave. We (our neighborhood) are still hoping you will reconsider & NOT put in this sidewalk. We signed a petition & sent you a photo of one of the large trees that will be lost. We DO NOT want this sidewalk. Morningside Rd. John H. Stout 4309 Browndale Ave. We create and maintain a garden north of our driveway and east of the new sidewalk. A bit of this garden would be in the sidewalk area. We will remove that part. How much clearance do you need? Morningside Rd. Susan Denk & Deborah Cundy 4909 Morningside Rd. Special plantings: old willow trees; Prefer not to remove trees. Please contact us with proposed setback of sidewalk. Morningside Rd. Marcella Bormes 4316 Wooddale Ave. Special plantings: A mature Oak tree is on the path of the yet-to-be sidewalk. Utmost care should be taken to avoid damaging this tree. I find it rather alarming the City has chosen to undertake the costly project of sidewalks that we have managed to “live without” at this particular time of cutbacks and budget deficits. If you must spend why not improve the park for the families in this area? It is a matter of short time before we are told there is a shortage of funds for the warming house, the trail upkeep, etc. Wooddale Ave. Aldersgate United Methodist Church 3801 Wooddale Ave. N/A * Questionnaire was only sent to the residents on the south side of W. 41st Street St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 11 Brookside/Aquila/Wooddale Avenue & Morningside Road Sidewalk Construction Information Meeting Summary Date of Meeting: 3/18/04 Number of Attendees: 4 Staff Present: Maria Hagen Tom Pecchia The meeting was an open house, so no formal presentation was made. All attendees discussed impact to property and timeline of construction. Resident on Aquila Avenue requested a replacement tree for the one being removed. Staff agreed to this. Resident on Brookside questioned the width of the boulevard. Staff responded that the sidewalk was placed with a 6’ boulevard to be in line with the design guidelines and to avoid conflicts with the relocation of overhead power lines. Resident requested a replacement tree for the one being removed. Staff agreed to this. Staff received a subsequent phone call from the owner of 4321 Dart Avenue. He had concerns about placing a mailbox adjacent to the curb and its impact on the sidewalk. Staff responded that they will work with the home owner in the field. W. 41st Street Sidewalk Construction Information Meeting Summary Date of Meeting: 3/18/04 Number of Attendees: 6 Staff Present: Maria Hagen Tom Pecchia The meeting was an open house, so no formal presentation was made. The following are generalized comments that were received: § Sidewalk is not necessary because very few walk along the street or use the pedestrian bridge; kids will still walk in the street § Some children do use this street to walk to school § Loss of parking for residents and guests; one residence will lose access to parking directly in front of their home; others are limited by parking restrictions on Wooddale or because of fire hydrants (staff agreed to look at the possibility of adding a parking bay or other off-street parking arrangements for the one property) § Fast traffic along 41st Street; those in attendance requested consideration be made for installation of Stop signs on 41st at Toledo Ave. (staff agreed to investigate this but stated St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 12 they would unlikely be warranted and that the narrowing of the street would likely cause a reduction in speed of vehicles) § Vehicles don’t obey the Stop signs at Salem Ave. or at Wooddale Ave. § Previous meeting was held and all were opposed but the resulting correspondence indicated that there was consensus in favor § Others in the neighborhood might want this but the negative aspects only affect those who are adjacent § General opposition to putting sidewalk behind the existing curb; general agreement that this is probably the best option if it proceeds § Intent to contact Ward Council person and other Council members to garner support for removing this segment from consideration § Neighborhood Association President plans to solicit comments from the entire neighborhood via the next newsletter and will convey these to the Ward Council person § Lack of sidewalk to other areas such as Browndale Park (staff noted that sidewalk is being installed along Morningside Ave. this year) § Waste of resources-time and money Previous meeting history: A previous meeting was held on 1/25/00. Of 527 households notified of that meeting, 15 residents attended along with Chris Nelson, Ward Council Member, Charlie Meyer, City Manager, and Mike Rardin, Director of Public Works. The initial plan was to install sidewalks on both sides of 41st Street. This was scaled back to one side only. The south side was chosen since it lined up with the existing sidewalk on 41st Street, east of Wooddale Ave. The following options were considered at that meeting: § install sidewalk behind existing curb; this would reduce parking to one side only § narrow street to 20 feet; make street One-Way and allow parking on one side only § Narrow street to 22 feet; continue 2-way traffic and eliminate all parking Summary: 4 of the 6 attendees were opposed to the construction. 2 were not directly opposed but felt that the construction was excessive. All Council members may receive comments on this segment. Staff feels the sidewalk is an important link in the overall network. Attendees were informed that this item would be brought before the Council for action on April 12th and that adjacent properties would receive notice of that meeting. St. Louis Park City Council Meeting 041204 - 8b - 2004 Sidewalk Improvement Project Page 13 April 6, 2004 Mr. Steve Hallfin 5250 W. 41st Street St. Louis Park, MN 55416 Dear Mr. Hallfin: Thank you for attending the informational meeting on the proposed W. 41st Street sidewalk a few weeks ago. As was agreed to at that meeting, staff has investigated the feasibility of constructing a parking bay on the north side of the street to accommodate on-street parking. The City was able to design a parking bay that will accommodate two vehicles. Due to the constraints caused by the location of your driveway and the existing alleys, this was the maximum length and optimum location. Construction of this bay would require a small amount of your property, (see enclosed drawing). The bay would need to have retaining wall built around it to make up the difference in height between your yard and the street. Also, the small 8” diameter tree in the boulevard would need to be removed. The pine trees can remain in place, however, we may remove some of the roots during construction. The City is willing to construct this bay as a part of the project if you are willing to allow for the construction on your property. In order to do this, you would need to dedicate an easement to the city for the piece of property we affect. This would be recorded with Hennepin County. Please be aware that although this bay would be constructed adjacent to your property, it is part of the City’s infrastructure and therefore, anyone could park there. It also would be subject to the same parking restrictions as streets during emergency plowing operations. Staff will recommend this to the City Council for consideration dependant on whether you are amenable to this construction and willing to provide the necessary easement. I will be presenting the sidewalk project to the City Council at their April 12 meeting. I would appreciate it if you could review the enclosed drawing and contact me as soon as possible to indicate your preference for construction. I can be reached at 952/924-2687. Sincerely, Maria A. Hagen, P.E. City Engineer c: Council Member John Basill Tom Harmening, City Manager Mike Rardin, Director of Public Works St. Louis Park City Council Meeting 041204 - 8c - Louisiana,Hwy 7 Traffic Signal Improvements Page 1 8c. City Engineer’s Report: Traffic Signal Improvements on Louisiana Avenue at Highway 7 – Project No. 00-17 This report considers public improvements to Louisiana Avenue at Highway 7 with the installation of a permanent traffic signal at the intersection of Walker Street & Louisiana Avenue, the installation of a temporary traffic signal at Lake Street & Louisiana Avenue and the construction of dual left-turn lanes on Louisiana Avenue at Highway 7 Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 00-17, approving plans and specifications, and authorizing receipt of bids. Background: As a result of the new development in the NW quadrant of Louisiana Avenue and Highway 7 and other proposed developments nearby (i.e. Methodist Hospital expansion, and possible development in the southwest quadrant of this intersection, among others), the Public Works Department contracted with WSB and Associates to perform a Traffic Operations study of the area. The study recommended the installation of new traffic signals at both intersections of Walker Street and Lake Street with Louisiana Avenue, and the construction of dual left turn lanes on Louisiana Avenue at Highway 7, north-bound and south-bound. The consultant has since continued its work and has developed plans and specifications for the construction of these improvements. Analysis: The proposed work for this project includes the addition of dual left turn lanes on Louisiana Avenue at Highway 7. To construct the additional turn lanes, Louisiana Avenue will have to be widened near Highway 7. The widening will occur along the west side of Louisiana Avenue and can be accomplished within the existing right-of-way. The median on the south leg of Louisiana will be relocated and new asphalt pavement will be placed in the west lanes of Louisiana to accommodate the lane widening. Along with the road construction, a new segment of pedestrian trail will be constructed along the west side of Louisiana Avenue from Highway 7, south to Lake Street. Two new traffic signals on Louisiana Avenue are proposed as part of this project. A new traffic signal will be installed at the intersection of Louisiana Avenue and Walker Street. This new signal will help accommodate the increased traffic generated from the Louisiana Oaks Apartments. The installation of a signal at Louisiana Avenue and Lake Street will also occur. However this will be a temporary signal. A temporary signal system has wood poles on each corner of the intersection where the signal heads are held with wires strung between the wood poles. A temporary signal system is generally used when changes to the intersection configuration are anticipated in the future. The temporary systems usually cost 45 to 50% less than a permanent system. Each of the new traffic signals will be interconnected with the signal system at Highway 7 and Louisiana Ave. This will allow for coordinated signal timing and provide better traffic operations between the three intersections. Operation and maintenance of the new signals will St. Louis Park City Council Meeting 041204 - 8c - Louisiana,Hwy 7 Traffic Signal Improvements Page 2 be provided by Mn/DOT. A cooperative agreement between the city and Mn/DOT will be prepared to detail the responsibilities for each of the agencies. This will likely be presented to the City Council for approval early this summer. Other work to be performed under this project will include new pavement striping and markings throughout the project area. This will include lane striping on Louisiana Avenue from Walker Street to Lake Street and pavement markings for crosswalks at all three intersections. All of the proposed improvements will be constructed while maintaining traffic through the various intersections. There are no detours planned. At times, lanes will be closed and traffic will be shifted to adjacent lanes. Signage and barricades will guide motorists through the work zone. Motorists may experience some minor delays during the construction period. Public Involvement Process: A letter was sent to all of the property owners adjacent to this project. The letter explained the scope of the project, how the project would proceed, and what traffic impacts could be expected. The letter also offered the adjacent property owners the opportunity to meet with staff and view the proposed construction plans. To date, property owners representing the Louisiana Oaks Apartments and the new Anderson Builders development have discussed the project with staff. No issues with the project were identified. Financial Considerations: It is proposed that this project be funded by contributions from benefiting developers with the balance being paid for with Tax Increment Financing (TIF) and/or HRA levy proceeds. The developer of the Louisiana Oaks Apartments has made a commitment to pay for the signal at Walker Street ($180,000) and a portion of the left-turn lane modifications ($42,500). They have asked to be assessed for their share of the project costs. In the development agreement between the city and Methodist Hospital, Methodist has agreed to contribute a percentage of the costs associated with the temporary signal at Lake Street (80%), construction of the north-bound dual left turn lanes on Louisiana Avenue at Highway 7 (50%) and traffic signal modifications to accommodate the dual turn lanes (50%). Methodist Hospital will also be specially assessed for their share of the project costs. A summary of the project costs and revenue sources is as follows: Project Costs Construction (includes 15% contingency) $ 662,116 Preliminary Engineering $ 61,000 Construction Engineering $ 49,727 TOTAL $ 772,843 St. Louis Park City Council Meeting 041204 - 8c - Louisiana,Hwy 7 Traffic Signal Improvements Page 3 Revenue Sources TIF Funds and/or HRA levy proceeds $ 315,343 Louisiana Oaks Developer $ 222,500 Methodist Hospital $ 235,000 TOTAL $ 772,843 Proposed Improvement Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated the following construction timetable could be met: • City Engineer’s Report to City Council April 12, 2004 • Ad for Bids April • Bid Opening May 11, 2004 • Bid Award May 17, 2004 • Construction June-August Feasibility: This project, as proposed herein, is necessary, cost effective, and feasible under the conditions noted and at the costs estimated. Attachments: Resolution Project layout map (supplement) Prepared by: Jim Olson, Engineering Project Manager Reviewed By: Maria A. Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 8c - Louisiana,Hwy 7 Traffic Signal Improvements Page 4 RESOLUTION NO. 04-047 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AND ORDERING IMPROVEMENT PROJECT NO. 00-17, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 00-17 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the improvements to Louisiana Avenue at Highway 7 with the installation of a permanent traffic signal at the intersection of Walker Street and Louisiana Avenue, the installation of a temporary traffic signal at Lake Street and Louisiana Avenue, and the construction of dual left-turn lanes on Louisiana Avenue at Highway 7. NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the improvements to Louisiana Avenue at Highway 7 with the installation of a permanent traffic signal at the intersection of Walker Street & Louisiana Avenue, the installation of a temporary traffic signal at Lake Street & Louisiana Avenue, the construction of dual left-turn lanes on Louisiana Avenue at Highway 7, Project No. 00-17 is hereby accepted. 2. The proposed project designated as Project No. 00-17 is hereby established. 3. Project No. 00-17 is hereby ordered. 4. The plans and specifications for the making of the improvement as prepared by the City’s Consultant under the direction of the Director of Public Works are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 6. The bids shall be tabulated by the City’s Consultant who shall report his tabulation and recommendation to the City Council. Reviewed for Administration: Adopted by the City Council April 12, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 1 8d. Application to consider request of Dworsky Family Trust and the City for Comprehensive Plan map and text amendments to change land use designation for property located in the southwest quadrant of TH7 and Wooddale Avenue from Civic-Mixed-Use to Commercial Mixed-Use and right of way, and application of City to change the land use designation for property located in the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and to amend text in the Chapter U, Plan By Neighborhood, Elmwood Neighborhood to change the location of the designated transit station to correspond to the findings of the Elmwood Area Land Use, Transit, and Transportation Study, and to amend the text in Chapter P, Redevelopment to limit land use for the Dworsky property. Case No. 04-05-CP The proposal includes a request from the Dworsky Family Trust to amend the land use designation on their property at the southwest quadrant of TH7 and Wooddale Avenue to remove the “civic” designation from their property to enable a redevelopment plan. The proposal also includes changing the land use designation to the property identified in the Elmwood Study as a future transit station. Recommended Action: • Motion to adopt resolution approving a Comprehensive Plan map amendment changing land use designation from Civic-Mixed-Use to Commercial Mixed-Use and right of way for property on the southwest quadrant of TH7 and Wooddale Avenue contingent upon Chapter P text changes and approving a Comprehensive Plan map amendment changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and text amendments to Chapter P and Chapter U of Comprehensive Plan 2000 – 2020 contingent upon Metropolitan Council approval., approve the summary and authorize summary publication. Background: When the Comprehensive Plan 2000 – 2020 was adopted in May 1999, the property located at the southwest quadrant of TH7 and Wooddale Avenue was designated as Civic-Mixed Use in order to accommodate a transit station. The Comprehensive Plan also stated that a study should be undertaken of the Elmwood area in order to determine the best location for the transit station. In 1999, when the Comprehensive Plan was being adopted, the Hennepin County Regional Railroad Authority (HCRRA) rail corridor was being studied for a busway. Conversations with Metro Transit indicated that the Dworsky property seemed to be the most appropriate location for a transit station for a future busway. Subsequent to the adoption of the Comprehensive Plan 2000 – 2020, the busway study was terminated and a new study undertaken to determine feasibility of the corridor for rail transit such as light rail. With the change in mode, HCRRA joined the City of St. Louis Park to study St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 2 the Elmwood area. One goal of the study was to finally determine the best location for a transit station. The Elmwood Area Land Use, Transit, and Transportation Study was completed in January 2003. The Study recommended a number of land use and transportation changes for the area, including a recommendation for a transit station to be located on the northeast quadrant of Wooddale Avenue and West 36th Street. The proposed amendments reflect this recommendation. Attached are maps showing both the current Comprehensive Plan land use designations and the recommended changes. After the Study was completed, the City Council accepted it in March 2003 and adopted, with recommendations from the Planning Commission, a number of amendments to the Comprehensive Plan consistent with the Study recommendations. These include: • Land use designation changes to the Quadion property changing the designations from Industrial to Medium Density Residential, Office, Mixed-Use, and Park. • Text changes to Chapter P, Redevelopment incorporating the concept land use plan and planning principles. • Text changes to Chapter U, Plan By Neighborhood, Elmwood Neighborhood. The proposed map changes are being proposed by the Dworsky Family Trust, owners of property in the southwest quadrant of TH 7 and Wooddale Avenue and the City. Site: Transit StationLocation PechinyPlastics Dworsky QuadionQuadion 36TH ST WWO O D D A L E A V E S (/ H e n n e p in C o . R e g io n a l R R A u th .C P R a il The Planning Commission held a public hearing on the proposed applications on March 3, 2004. No one from the public attended to testify and the Planning Commission and recommended approval of the Comprehensive Plan land use and text amendments on a vote of 7-0. City Property St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 3 Issues: • Are the proposed amendments consistent with the Elmwood Area Land Use, Transit, and Transportation Study? • Will the amendment hinder an interim use of the transit station site? • What are the traffic impacts of these amendments? • What other approvals are required for the Dworsky property? Issue Analysis: • Are the proposed amendments consistent with the Elmwood Area Land Use, Transit, and Transportation Study? The Elmwood Area Land Use, Transit, and Transportation Study made numerous recommendations for land use and transportation changes in the Elmwood area. Attached are renditions of the existing land use (as of 2002) and recommended land use changes taken from the Study document. The Elmwood Study included both land use recommendations and planning principles. The planning principles were developed as a way to evaluate future proposals for land use changes and development plans into the future, especially if they are inconsistent with the specific land use recommendations of the Study. Also developed was a conceptual plan to show how the planning principles and land use and transportation recommendations could be implemented. As noted above, proposal addresses changes relative to recommendations for the transit station location. Staff will also discuss recommendations to relocate the south TH7 frontage road and other issues that relate to the Dworsky property in particular. Dworsky Property :WO (/WO O D D A L E A V E S H e n n e p in C o . R e g io n a l R R A u th .# City ownedparcel The Dworsky Family Trust (applicant) owns several properties north of the Hennepin Co. Regional Railroad Authority (HCRRA) Southwest LRT Corridor and southwest of the St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 4 intersection of TH7 and Wooddale Avenue. One parcel of property in this location is owned by the City and the City is a co-applicant for the proposed change. The Study recommendations for this property were for a low density office land use and a relocation of the TH 7 frontage to the south side of the property adjacent to the HCRRA right of way. The current Comprehensive Plan land use designation for the property is Civic-Mixed Use and the current zoning on the property is MX – Mixed Use. The applicant is proposing that the Comprehensive Plan land use designation be amended to remove the “civic” designation, since the Study found that the most appropriate location for a transit station was north of 36th Street and east of Wooddale. The applicant is proposing to change the Comprehensive Plan designation to Commercial-Mixed Use and is proposing to retain the current zoning designation of MX - Mixed-Use. The applicant is proposing to redevelop the site by clearing the property of all existing buildings and constructing a two-story mixed-use building with neighborhood retail uses on the main floor and office above. The proposal would include underground parking for the office use. The proposal would place a new 2-story building on the property in such a way that would allow for the relocation of the frontage road. Attached is the preliminary site plan showing the approximate alignment of the new frontage road as well as preliminary building elevations. A decision to reguide the property should be made independent of an actual plan, however. The Elmwood Study recommendation for land use for the Dworsky property as well as the property across Wooddale Ave. was a low density office use. The Study findings indicated that this was a major entrance into the Elmwood Neighborhood and that any redevelopment of these properties should include entrance elements. The Study recommendation relative to land use was primarily based upon existing traffic volumes and the short distances between TH 7, the railroad and 36th Street. A low density office use that has low traffic volumes but requires high visibility would be optimum. The Study also indicated that a traffic study should be the next step to confirm the recommendation for low intensity office. Currently, SRF Consulting Group is in the process of studying the impacts of traffic in the larger Park Commons West and Elmwood area, but this study has not been completed. The applicant was asked to do a traffic study to show that the proposed uses would not greatly exacerbate the existing traffic issues at the Wooddale Avenue/Frontage Road and Wooddale Avenue/TH 7 intersections. A traffic study has been provided, but it is not sufficient in that it does not indicate either existing or proposed levels of service at these intersections. (Preliminary findings indicate that the levels of service on the existing frontage road at Wooddale are already at an “F” and that a relocated frontage road may need to be constructed at the same time as the proposed project.) The City is working on a scope for SRF to complete a more detailed study of the area to determine ultimate roadway design for the frontage road and Wooddale Avenue as well as a study more specifically addressing the impact of the Dworsky proposal. The City does not have a comprehensive plan designation or zoning designation for low intensity office (as was recommended by the Elmwood Study). The request for Commercial- Mixed-Use does conform to the current Mixed-Use zoning that was assigned to the site in 1999. (The applicant is proposing to retain the current zoning designation.) The proposed mixed St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 5 office and commercial building does require a plat and PUD. Within the PUD some types of uses could be restricted if traffic is deemed to be an issue. Staff and the Planning Commission recommend approval of the proposed map change, but also recommend that text be included in the Comprehensive Plan (both Chapter U, Plan By Neighborhood and Chapter P, Redevelopment) that restricts commercial uses based on a traffic analysis. Attached are proposed text amendments. Staff and the Planning Commission also recommend that a right of way designation be located in the area of the proposed new frontage road and that the Commercial-Mixed Use designation be located over the existing frontage road adjacent to the subject property. Transit Station Location The area outlined in blue in the aerial photo below is the area identified in the Elmwood Study as a transit station. The owners of these properties are as follows: Current Current Address Owner CompPlan Zoning 3565 Wooddale Avenue David Fellman Commercial C2 (Hennepin Co. has purchase agreement for this property for the future transit station) 3575 Wooddale Avenue City of St. Louis Park Commercial C2 5814/5816 West 36th St. City of St. Louis Park Commercial C2 3548 Xenwood Avenue CP Rail (Formerly Soo RR C2 Line Railroad) 5802 West 36th Street John & Carol Standal Commercial C2. C P R a ilH e n n e p in C o . R e g io n a l R R A u th .36TH ST WWO O D D A L E A V E S 3565 58145816 3575 3548 5802 St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 6 This proposal is to reguide those properties from Commercial to Civic-Mixed Use. The Elmwood Study indicated that the transit station for the future LRT corridor should be located at the northeast quadrant of West 36th Street and Wooddale Avenue. This reguiding proposal is the first step in a series to create the transit station. Hennepin County has recently entered into a purchase agreement with David Fellman to purchase the Unpainted Place. The Standal property is currently a parking lot for their building immediately to the south. If a transit station is built that includes the parking lot property, it’s anticipated that Standal’s parking would be replaced in a new ramp. • Will the amendment hinder continued use of the transit station site? The proposal is to reguide the area designated for the future transit station in the Elmwood Study from Commercial to Civic-Mixed Use. Hennepin County is purchasing the Unpainted Place building and will continue to lease it until such time as it is redeveloped for a transit station. The property owned by CP Rail is currently vacant and not used for side tracks or any other active use. The parking lot for the Standal property will continue to be available for that building. Only after a rezoning of property does a land use become non-conforming. Even then, existing land uses can continue indefinitely. Staff has been in contact with affected property owners about the proposed Comprehensive Plan map changes. Further discussions will be held with the various property owners prior to any rezoning action. • What are the traffic impacts of these amendments? As stated above, the Elmwood Study recommendations were for low density office uses on either side of Wooddale Avenue north of the HCRRA Southwest Corridor. This recommendation was due to the short distance between TH 7, the frontage road and West 36th Street and existing difficulty for making turning movements both into and from the frontage road. In order to lessen the traffic problems, the Elmwood Study recommended a relocation of the frontage road to the south. The building location being proposed by the applicant will accommodate this relocation provided parking can be relocated onto the existing frontage road or elsewhere. The applicant is submitting a plan that will accommodate both the existing and future frontage road. Indications are that the relocated frontage road would need to occur concurrent with the redevelopment of the Dworsky property. Since the frontage road is contiguous to the west, opportunities for alternate access are also available. • What other approvals are required for the Dworsky property? Prior to any project on the Dworsky property the following approvals and actions are needed: o Preliminary PUD and plat o Final PUD and plat o Sale of City property to the Dworsky Family Trust o Street vacation and agreement to use parts of SPS property to west for access to underground parking. o Watershed district permits, erosion control permits, etc. St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 7 A public hearing at the Planning Commission and City Council approval is required for the preliminary PUD and plat. Planning Commission recommendation and City Council approval for the final PUD and plat are also required. Recommendation: Staff and the Planning Commission recommend approval of the map amendments changing land use designation from Civic-Mixed-Use to Commercial Mixed-Use for property on the southwest quadrant of TH7 and Wooddale Avenue, changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed- Use, and text amendments to Chapter P and Chapter U of Comprehensive Plan 2000 – 2020 Attachments: Elmwood Area Land Use, Transit & Transportation o Existing Land Use o Proposed Land Use o Concept Redevelopment Plan Dworsky application for Comprehensive Plan amendment Preliminary site plan for Dworsky property (for illustration only) Preliminary building elevations for Dworsky property (for illustration only) Existing and proposed Plan By Neighborhood map and text Proposed text amendment for Chapter P Prepared by: Judie Erickson, Planning Coordinator (952) 924-2574 Email: jerickson@stlouispark.org Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 8 RESOLUTION NO. A RESOLUTION APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 TO CHANGE LAND USE DESIGNATION FOR PROPERTY LOCATED AT SOUTHWEST CORNER OF HIGHWAY 7 and WOODDALE AVENUE SOUTH and NORTHEAST CORNER OF WOODDALE AVENUE SOUTH and WEST 36TH STREET and TEXT CHANGES CHAPTER P, REDEVELOPMENT CHAPTER U, PLAN BY NEIGHBORHOOD NEIGHBORHOOD #31 WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 9 WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on March 3, 2004, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on maps below from Civic-Mixed-Use to Commercial Mixed-Use (southwest quadrant of Highway 7 and Wooddale Avenue South) and from Commercial to Civic-Mixed-Use (northeast quadrant of Wooddale Avenue and West 36th Street). and The underlined text is added to Chapter P, Redevelopment, Elmwood Area. Elmwood Area The 30-year vision for the Elmwood Area was developed for land use, transit and circulation and is contained within the Elmwood Area Land Use, Transit and Transportation Study completed in 2003. The long-range planning principles, established by the study process, provide the framework to direct and evaluate land use and transportation decisions as the Elmwood area evolves and changes. The planning principles also provide direction and focus for reinvestment in the public realm, and help affirm land development and infrastructure priorities, sequencing and phasing. They also establish a common expectation amongst decision makers, property owners, tenants, and others. Future land use approvals and transportation improvements will be based upon Study recommendations and subsequent traffic studies that will verify the study assumptions and recommendations. St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 10 Dworsky/Soomek Rug • Land use should focus on low-density office or other low-traffic generation uses. • Tenant mix should desire high visibility with convenient access and may be limited to uses with low traffic generation. Parking for residents and customers should occur on this site. • Architectural style and massing should provide a neighborhood gateway. • Extensive landscaping should be a mandatory project element. • Redevelopment should accommodate the realignment of the TH 7 Frontage Road. … The underlined text is added to Chapter U, Plan By Neighborhood, Neighborhood 31 Elmwood and the attached updated Elmwood Neighborhood map. Specific Development Guidelines: A land use study is recommended The Elmwood Area Land Use, Transit & Transportation Study was completed for the area outlined in blue on the opposite page bounded by TH7, TH. 100, and Wooddale Avenue in January 2003. This area is subject to redevelopment, and uses compatible with the future transit potential of the CP Rail Bass Lake Corridor are encouraged were recommended by the Study. This may include a The Study recommended a location for the transit station, and recommended a mixture of residential, work place, and retail/service uses. Study recommendations have been adopted into Chapter P, Redevelopment of this Comprehensive Plan. One desirable result of a land use study would be to precisely locate the most favorable site for a transit station. Additional land use designation changes will follow based on the study results. The Elmwood Area Land Use, Transit & Transportation Study recommended low density office or other low traffic generation uses for property on either side of Wooddale Avenue directly south of TH 7. This recommendation was adopted into Chapter P and will guide future land use approvals. … Reviewed for Administration: Adopted by the City Council April 12, 2004 Contingent upon approval of the Metropolitan Council. (Insert Signature Block Here) St. Louis Park City Council Meeting 041204 - 8d - Hwy 7, Louisiana Ave Comp Plan Amendments Page 11 SUMMARY RESOLUTION NO. ___________ A RESOLUTION APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 SOUTHWEST QUADRANT OF HIGHWAY 7 and WOODDALE AVENUE SOUTH and NORTHEAST QUADRANT OF WOODDALE AVENUE SOUTH and WEST 36TH STREET And TEXT CHANGES CHAPTER P, REDEVELOPMENT CHAPTER U, PLAN BY NEIGHBORHOOD NEIGHBORHOOD #31 This resolution states that the land use designation of the southwest quadrant of Highway 7 and Wooddale Ave. S. shall be changed from Civic-Mixed-Use to Commercial Mixed-Use. The resolution also states that the land use designation of the northeast quadrant of Wooddale Ave. S. and West 36th Street shall be changed from Commercial to Civic-Mixed-Use. The resolution also amends text related to the Elmwood Area in the Redevelopment Chapter (Chapter P) and modifies Specific Development Guidelines for the Elmwood Neighborhood (Chapter U). Adopted by the City Council April 12, 2004 Contingent upon approval by the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: April 22, 2004 04-05-CPsum:res-ord St. Louis Park City Council Meeting 041204 - 8e - Qwest Utility Easement Page 1 8e. Request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park Qwest Corporation is requesting a 10-foot by 4.3-foot easement along the northern boundary of Bronx Park along West 29th Street. Case No. 04-21-RE Recommended Action: Motion to approve first reading of ordinance granting a utility easement within a portion of Bronx Park and set second reading and a public hearing for May 3, 2004. Background: Qwest Corporation has requested a 10-foot by 4.3-foot easement over City property (City holds fee title) at Bronx Park adjacent to the public right of way along West 29th Street. The purpose of the easement is to install communication equipment cabinets. Ulteig Engineers, Inc. has staked the requested easement and City staff has reviewed the location and find that it will not interfere with park purposes. The original installation was proposed entirely within the public right-of-way. However, if located as originally proposed, it would interfere with the root system of a large tree. Staff recommended a location partially on park property. Screening of the cabinets is required by code. Assessing has determined that the value of the easement is $500.00. The City has received a check from Ulteig Engineers, Inc. in that amount. Proposed Easement Location: Attachments: Proposed easement document and map Draft Ordinance Prepared by: Judie Erickson, Planning Coordinator Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 041204 - 8e - Qwest Utility Easement Page 2 DRAFT ORDINANCE NO.___________ AN ORDINANCE GRANTING TELECOMMUNICATIONS EASEMENT OVER PORTION OF BRONX PARK NORTHERN BOUNDARY ALONG WEST 29TH STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing has been received requesting an easement for telecommunication purposes over a portion of Bronx Park as described below. The City Council has published notice of said petition in the St. Louis Park Sailor, on ____________________ and has conducted a public hearing upon said petition and has determined that the granting of said easement will not hinder the use of Bronx Park for its intended public purposes, and that it is for the best interest of the public that said easement be granted. Section 2. The following described easement within the corporate limits of the City of St. Louis Park, is granted: Description of Property: Lot 1 to 11 inclusive and 19 to 29 inclusive Block 18, THE BRONX, Hennepin County, Minnesota Description of Easement: An easement for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner of said Lot 1, thence westerly 115.29 feet along the north line of said Lot 1 to the point of beginning for the easement to be described: thence continuing westerly 10.00 feet along said north line of Lot 1, thence southerly at right angles 4.30 feet, thence easterly at right angles 10.00 feet; thence northerly at right angles 4.30 feet to the point of beginning. The purpose of the easement is restricted to telecommunication equipment cabinets and related appurtenances such as electric power source and meter. The height of the cabinets shall not exceed seven feet (7’) above grade. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. (Signature Block)