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HomeMy WebLinkAbout2004/06/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 7, 2004 7:30 p.m. 7:20 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Retirement Recognition b. League of Women Voters Proclamation Document 3. Approval of Minutes a. City Council Minutes of May 3, 2004 Document b. City Council Minutes of May 17, 2004 Document b. City Council Study Session Minutes of May 10, 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 6a. Public Hearing and Assessment Hearing: Alley Paving – 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue Document This report considers paving the alley in the 7600 and 7700 blocks of Edgebrook Drive Recommended Action: Mayor to open and close Public Hearing: • Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 7600 and 7700 blocks of Edgebrook Drive, Project No. 03-15, approving plans and specifications and authorizing receipt of bids. Mayor to open and close Assessment Hearing: • Motion to adopt the attached resolution establishing the assessment for Project No. 03-15. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Request by Charles Stinson for preliminary and final plat approval for Biltmore Addition with a petition to vacate a utility easement. Document Case Nos 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended Action: Motion to direct staff to prepare a resolution and related findings of fact for either approval or denial of the applicant’s request for consideration at the June 21st City Council meeting. 8b. City Engineer’s Report: W. 36th Street Water Improvement Project – Main Replacement – Project No. 04-14 Document This report considers water system improvements along W. 36 Street from Webster Avenue to Brunswick Avenue. This improvement project replaces an existing 6 inch watermain with a 12 inch water main. These improvements are being funded primarily through a Hennepin County Housing, Community Works and Transit grant. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 04-14, approving plans and specifications, and authorizing advertisement for bids. 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 JUNE 7, 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 approve 2nd reading of Ordinance to vacate a portion of a street and utility easement at 3745 Louisiana Ave lying west of Monitor Street as requested by Sam’s Club (Wal Mart Stores, Inc), adopt ordinance, approve summary and authorization publication. Document 4b Motion to approve Second Reading of proposed Fee Ordinance Code modification adding additional garbage service levels over 180 gallons and to approve summary and authorize publication. Document 4c Motion to adopt the attached resolution authorizing the removal of permit parking restrictions in the former American Legion area. Document 4d Motion to accept retirement resolutions for Douglas Pieper, Phillip Solvedt, and Michael Higgins Document 4e Motion to accept resolution authorizing final payment to Knish Corporation for satisfactory completion of the construction of the 2002 sidewalk improvement project, as per Contract No. 129-02. Document 4f Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Luftmans, 4159 Utica Avenue South, for use of City right-of-way for placement of a fence. Document 4g Motion to accept resolution authoring final payment to Meisinger Construction Company, Inc. has satisfactorily completed work on the Rec Center’s west arena renovation, as per Contract No. 28-03. Document 4h Motion to accept for filing the Planning Commission Minutes of April 21, 2004 Document 4i Motion to accept for filing the Human Rights Commission Minutes of April 21, 2004 Document 4j Motion to accept for filing the Planning Commission Minutes of May 5, 2004 Document 4k Motion authorizing Mayor and City Manager to execute a quit claim deed related to the Sam’s Club Project. Document 4l Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction and installation of a high-speed fiber optic network to connect certain City buildings. Document 4m Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Elmwood Village Tax Increment Financing District within Redevelopment Project No. 1 (A Renewal & Renovation District). Document 4n Motion to accept for filing the Vendor Claims (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING JUNE 7, 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 060704 - 2b - LOWV Proclamation Page 1 PROCLAMATION ST. LOUIS PARK LEAGUE OF WOMEN VOTERS 50TH ANNIVERSARY Whereas, in the fall of 1953, eighteen members of the Minneapolis League of Women Voters living in St. Louis Park saw a need for improvement in their own growing community and established the St. Louis Park League of Women Voters; and Whereas, those women applied their considerable talent to the promotion of the City Home Rule Charter ensuring it’s passage in the fall of 1954; and Whereas, since that time the League’s civic projects have included championing the development of our park and trail system, promoting the building of the Recreation Center, creating a “Know Your City” handbook, encouraging curbside recycling and hosting opening receptions for the new City Hall, Police Station and the St. Louis Park Library; and Whereas, the League’s interest in social issues has led to an expanded community education program, creation of the school discipline policy, a new resident handbook published in several languages and changes in the handling of domestic violence cases; and Whereas, the League has worked in partnership with every level of government registering thousands of new voters, campaigning on school referendum issues, conducting candidate forums and observing and reporting on the activities of the City Council, School Board and many other boards and commissions. Now Therefore Be It Resolved, that the St. Louis Park City Council hereby recognizes and thanks the League of Women Voters of St. Louis Park for 50 years of contributions, all of which have resulted in an improved community, and ask all to join them in wishing the League another fifty years of successful civic involvement. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 7th day of June, 2004. Jeffrey Jacobs, Mayor St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 3, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m. Council members present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Assistant Zoning Administrator (Mr. Morrison), Planning Coordinator (Ms. Erickson), City Engineer (Ms. Hagen), Human Resources Director ( Ms. Gohman), Associate Planner (Ms. Grove), Environmental Coordinator (Mr. Vaughan), and Recording Secretary (Ms. Teagarden). 2. Presentations The Mayor presented a proclamation to the Veterans of Foreign Wars for Buddy Poppy Day, set for May 14, 2004. 3. Approval of Minutes 3a. City Council Minutes of April 19, 2004 The minutes were approved as presented. 3b. City Council Minutes of April 12, 2004 Councilmember Velick: correction to spelling on page 4, four paragraphs down, Ms. Hagen, not Haugen. Mayor Jacobs: Item 9 invited people to come to Caring Youth Award dinner. 3c. Study Session Minutes of April 12, 2004 Councilmember Finkelstein corrected the spelling of his name. Councilmember Sanger – Page 2, 2nd line with respect to the discussion about the proposed smoking ban state legislation. “it is to enact a statewide smoking ban in workplaces and restaurants” and the next paragraph down, “I recall during recent discussions several councilmembers and community members expressed their belief any smoking ban should be statewide.” The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 2 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. (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). 4a Motion to appoint City Councilmember Sally Velick to the City of St. Louis Park and City of Golden Valley Travel Demand Management District Joint Task Force. 4b Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District regarding the sweeping of Louisiana Avenue from Lake Street to Walker St. in the Spring and Fall of each year. 4c Motion to accept for filing the Planning Commission Minutes of April 7, 2004. 4d Motion to accept for filing the Park and Recreation Advisory Commission Minutes of March 23, 2004. 4e Motion to accept for filing the BOZA Minutes of December 2, 2004. 4f Motion to accept for filing the Human Rights Commission Minutes of February 18, 2004. 4g Motion to accept for filing the Human Rights Commission Minutes of March 17, 2004. 4h Motion to accept Vendor Claims for filing (Supplement). 4i Motion to adopt Resolution No. 04-059 calling for a public hearing by the City Council on the proposed establishment of the Talmud Torah Tax Increment Financing District within Redevelopment Project No. 1 (A Housing District). It was moved by Councilmember Santa, second by Councilmember Finkelstein to approve Agenda and Consent Calendar. Motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement. Case No. 04-12-S & 04-13-VAC Ms. Grove gave an overview of the proposal to divide the property at 2545 Huntington Avenue into three single-family parcels zoned R-1, single-family residential. The Planning Commission held a public hearing on January 21, 2004 for a subdivision variance for one of the lots. Staff and Planning Commission recommended denial of variance and the plat. The applicant waived the 60-day review rule to consider other options. Planning Commission approved the proposal after hearing testimony from residents at an April 7, 2004 public hearing. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 3 Ms. Grove stated the subdivision and zoning ordinance requirements for lot size and density standards for units per acre are met. There is a setback requirement for lot width. The setback line is 30’ for the single family residential. At the setback line, lots 1 and 2 are approximately 115’-117’ in width, and the 75’ minimum width is a mid range in the two lots. At the setback, lot 3 (corner lot) is approximately 90’ in width. The minimum required width is 85’. The applicant is meeting zoning standards for useable open space in the rear yard. Tree preservation requirements will be met because the evergreen trees that are proposed for removal will be replaced. The City Forester is concerned that every precaution be taken to save an existing white oak. The applicant is proposing to add sidewalks which are required along all street frontages. Due to plans for a bike trail along France Avenue, staff recommended a 6’ sidewalk. The applicant is also proposing, at staff request, a street right-of-way at the intersection of France & 26th Street. Final building and site plans must be submitted and approved by zoning administrators if the plat is approved. The applicant is aware that a few revisions are needed to fix the plan and has agreed to meet all ordinance requirements. Ms. Grove indicated that Public Works has reviewed and accepted the proposed utility easement vacation. She indicated staff and Planning Commission believe the proposed subdivision would improve visibility and sight lines at the corner of 26th & France. Councilmember Velick asked for clarification of the driveway location. Ms. Grove noted it would enter onto France Avenue which is the same location of an existing gravel driveway. Ms Erickson stated France Avenue is a Hennepin County right-of-way, and the County recommends that the driveway come off of 26th Street; however, it will accept staff recommendations. The Public Works department conducted a delay study and compiled accident data for the intersection. The delay study did not find significant delays to warrant a signal at intersection. In the past three years, one documented accident was reported to police. Staff recognize people feel this is an unsafe intersection, and it is not a typical design. Public Works staff is looking at options such as having 26th Street “T” into France Ave. in the future. Staff believes the three homes will not have a significant impact on traffic volumes or traffic patterns at this intersection. The proposal meets code requirements, and staff and the Planning Commission recommend approval of the preliminary and final plat and the first reading of the utility easement vacation. The Mayor opened the Public Hearing. Beverly R. Fine, 2530 France Avenue, said that three homes on the site would be inconsistent with the neighborhood and would devalue nearby properties. She was also concerned that the new home, sewer, and water lines will adversely affect her property. She also stated that a driveway on 26th Street would be hazardous. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 4 LeAnne Stewart, 2544 Huntington Avenue, opposed the proposal. She said the neighborhood is very different on the two sides of 26th Street, and facing the lake. Houses along the lake are larger and are on very large lots with rolling greenways leading to the lake. The first view of St. Louis Park would be a set of townhouses. She also stated there was an accident a year ago where someone was killed. Driving that intersection daily, she believes another driveway would be an added danger. Phillip Jares, 4110 W. 25th St., read a statement from himself and Mark Hager, one block from property in question. They oppose the proposal due to driveway and density concerns. Wayne Jenkins, 2601 Huntington, was opposed due to the increase in density which will change character of neighborhood. Mr. Jenkins disagreed with “T” at end of hill due to concerns about ice. Keith Olive, 2534 Huntington, opposed the project because the character of the neighborhood will be spoiled by the density of three houses on a single family lot. He stated the variance is achieved by a “geometric” manipulation. Bruce Bottern, 3920 Cedar Shore Dr., opposed the proposal because of safety. He has seen cars misnegotiate the curve and hit the telephone pole. If the homes are built, this would have landed a car in the window of the corner house. He would accept two houses, but three houses is too many. Jeff Royce, 2517 Huntington Avenue, spoke in opposition to the proposal. He felt profit is the motive rather than concern for neighborhood character. Scott Reid, 4121 W. 28th Street, spoke on behalf of students at the bus stop at 26th and Huntington. The intersection at 26th St and France Avenue is a very dangerous at 7:15 each morning. There is a large speed difference coming off France and onto 26th Street. Adding three houses would create a drastic change in this neighborhood. The Mayor closed the Public Hearing. Councilmember Finkelstein urged that the plans be changed because the existing proposal is not appropriate for neighborhood. The existing plan fits too many beautiful buildings onto too small an area. Putting a “T” stop will not fix an unsafe intersection. He felt that the talented people behind the project could create something very special. Councilmember Omodt stated that St. Louis Park, which is known for its public process, made a mistake by scheduling a Planning Commission meeting on Passover. He apologized to the neighborhood residents who were unable to attend this meeting and raise their concerns. He also noted that it is not typical for a neighborhood to be so opposed to a project. Omodt recommended that the developer make the neighborhood part of the process. He added that the traffic death was not mentioned in any of the reports he received and that he would not want to create more density at a bad intersection. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 5 Councilmember Santa asked whether vacating the utility easement would impact service to neighbor. Ms. Grove said that there will be no change in service to neighbors. Councilmember Velick stated her concern about traffic and pedestrian safety. She would like the driveway situation reworked. Councilmember Basill was concerned about the lack of neighborhood involvement. Basill stated the City of St. Louis Park wants residents to be involved. Most of the time, the neighbors and developers find common ground and a better project results. He also stated his concern about the driveway and the crowding of the parcel. Because there is no hardship in continuing the planning process, he recommended that the developer go back and work with neighborhood to come up with plan for two houses. Mayor Jacobs stated his concern about the lack of public process. He asked the City Attorney if the council could defer this for a while to address the public process and safety issues. Mr. Scott responded that the application decision is within a 60 day time frame; with the issues being raised, the review period may be extended to 120 days. This is a plat so discretion is more limited than if the applicant were seeking a PUD, conditional use permit or variance. Mr. Scott said the hardship issue is not applicable because there is no variance. The safety issue can be considered because any subdivision has to meet basic safety standards. Safety and arrangement of lots and driveways are legitimate issues that merit a further look. Mayor Jacobs said this is the first time Council has been presented with this application, and he is concerned about three houses being constructed on a two house lot. Architect Charles Stinson stated that the process began nine months ago. They have worked with the Planning Department as well as real estate attorneys. He feels they have met with neighborhood and received positive response from other neighbors who feel uncomfortable at public meetings. The meetings with the Planning Commission were also positive. He stated their goal is to meet the ordinance requirements and do something good for City and neighborhood. The easement is needed because the area is plotted for four lots and the original four lot easement was never vacated when the original house was built. He added that they would not install an unsafe driveway; no one will be backing onto street. In addition, the architecture and landscaping will blend in with the neighborhood. Shane Cohen, Cohen Partners, said he is very familiar with community and fear of change. They design within a context and he felt there is a diversity of setback lines. Cohen said the neighborhood did not want to engage in the process if the proposal was for three houses; therefore, the invitation was not acceptable. He stated that the houses will contribute to the neighborhood, and feels the density issue is not valid. Councilmember Sanger talked about the quality of their architecture and design, and said their reputation was not at issue. The issue is that the proposal does not fit with the neighborhood, and the neighbors do not share their concept. Sanger said no one has called to say, “I think this is a great idea.” However, she has received many calls with concerns about safety and density. Many near miss accidents are not reported. The St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 6 proposed driveway meets the distance specifications but does not take into account the unusual intersection. Councilmember Sanger stated concern about “shoehorning” three houses into the lot. While the technical zoning code requirements may have been met, the spirit of the zoning code has not. She said the Planning Commission was not happy with this plan, and its vote was not a ringing endorsement of plan. St. Louis Park has a goal of creating well appointed, move-up housing. She asked Mr. Stinson to rework the plan and gain community support. Mr. Stinson stated they were told there could be three building sites and bought the property. Mr. Stinson said he wants to go ahead with the three houses. He stated that they have been working on the plan for nine months and the Chair of Planning Commission was very supportive as were one or two other commissioners. He has met every legal requirement and feels everyone will like the finished project. His vision is for three homes. He disagrees with the idea of two homes on site, and all of open space requirements. He stated that the landscaping will far exceed what is required, sidewalks will open lines of vision, and the intersection will be safer. Councilmember Sanger questioned how Mr. Stinson could tell what is good for the neighborhood. Mr. Stinson replied that they have done a good job in other areas, and said he knows that change is difficult. The “pocket lot” is difficult because everyone feels they own it. The lot has been vacant for several years, and he has tried other proposals. The last person who wanted to build on the site backed off because the City wouldn’t allow as many garage stalls as desired, and that home was bigger than all three homes combined. He feels he has been sensitive to the lot. He has hired others to help him do the best job. Our experience tells us this is the best for the neighborhood. . Councilmember Sanger said she had no objections to the architects or builders: only the density and safety issues. She stated that it takes longer to make decisions in St. Louis Park, but better solutions result. Councilmember Finkelstein said it is clear that everyone wants him to build in St. Louis Park; however, he believes three houses are too many. The council understands that he doesn’t build big homes and that he cares about his work. Is there a way for community needs to be met? Councilmember Omodt spoke of other multimillion dollar local projects that took 17 neighborhood meetings before agreement was reached. The record indicates the neighbors have not been taken into consideration and should be engaged in the process. He suggested stepping back for 30 days or so. Mr. Cohen said the neighbors would not come to a meeting when the three house plan was proposed. He said the code does not require them to meet with the neighborhood. Councilmember Sanger said that a higher standard is at issue. She said she would have preferred the applicant voluntarily reconsider and converse with the neighbors. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 7 Mr. Stinson said he was not going to back down from three lots, but if the neighborhood is willing to talk about what we want to do with three lots, then he would be willing to do that. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to defer this item to a study session for further discussion. The Mayor said he understood the developer would prefer a vote this evening, but the 60 day time frame can be extended to 120 days. Therefore, the council is not required by law to act tonight. Councilmember Basill asked that background on the safety issue be included and analyzed. Councilmember Finkelstein and Santa asked for accident reports and any public documents. Motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to review Ordinances to assure in future there is not a “geometric configuration” to avoid odd shape lot parcels in subdivision and to request staff to look for modifications for future application. Motion passed 7-0. 6b. Public hearing to consider request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park. Ordinance No. 2269-04 Ms. Erickson presented the staff report. An engineering firm working as consultant for Qwest is installing cabinets throughout City to provide DSL access. City staff asked that a cabinet not be put where intended on 28th Street, because it would destroy the root system of a tree. The City proposed an easement be granted to save the tree. The value of the easement is $500, and the City has received a check in that amount. Bob Winger, Ulteig Engineers, does all right-of-way work for Quest Communications Minnesota. In putting a large number of these cabinets in most communities, they are buying easements and providing landscaping. Mayor Jacobs opened the public hearing. Mayor Jacob closed the public hearing. Councilmember Omodt wanted to make it known holes were dug by “the phone company” in his yard, without anyone’s permission, and didn’t come back to fill in. Mr. Winger has asked the workers to knock on doors. Councilmember Finkelstein asked for people to call Ulteig Engineers at 763-571-2500 if they find holes dug in their yards without permission, assuming it is the phone company. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 8 Councilmember Velick wondered how neighbors would know it was Qwest digging up the yard and if any signs were put up to let people know. Mr. Winger responded sometimes a community is notified and a permit is applied for. Councilmember Sanger wanted clarification from Ms. Erickson that DSL service is expanded by doing this work. Ms Erickson concurred. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve Ordinance No. 2269-04 granting a utility easement within a portion of Bronx Park, approve summary publication and authorize publication. Motion passed 7-0. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Public Safety Dispatch Union Contract 1/1/04-12/31/05. Resolution No. 04-056 Ms. Gohman reviewed the Public Safety Dispatch contract of a two year settlement for 2004 and 2005. In general, this is the same pattern for wage and insurance as the other contracts. For 2004, the wage increase is 2% in January and 1% in July. For 2005, a 3% increase is proposed. For 2004, insurance is the same increase as other groups: $45 a month addition to cafeteria of benefits. For 2005, the employer’s contribution is the same as other employee groups. She stated that the firefighters contract is still outstanding. Councilmember Velick wanted to confirm this was on 911. She stated discussion has been taking place regarding combining services with other communities and questioned whether this contract affect that. Ms. Gohman replied if St. Louis Park is the City with the contract, they would come to work under this contract agreement. It was moved by Councilmember Sanger, seconded by Councilmember Santa to adopt Resolution No.04-056 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) #220, establishing terms and conditions of employment for two years: 1/1/04 – 12/31/05. accept Public Safety Dispatch Union Contract. The motion passed 7-0. 8b. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to allowing City staff to approve temporary signs in the public right-of-way, to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District. Case Nos. 04-06-ZA Mr. Morrison gave an overview of the proposed amendments relating to signs. He stated the front yard sign requirements in both the Commercial and MX District is 5’, so the fact St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 9 that the IP District is required to be 50’ is out of line. This amendment would align it with the Industrial and Office Districts. The other provision reviewed by Planning Commission refers to noncommercial speech. The Planning Commission recommended a denial to the Council. That provision would allow a commercial property to replace some of their commercial wording with a noncommercial message. For example, Super America can take down their SA sign and put up “Go Vikes” or some other statement or opinion. City Attorney Tom Scott stated on-premise signs and off-premise signs deny the ability to display a non-commercial message. He recommended approving the alternative No 2 amendment, which includes the setback reduction and the proposal for noncommercial speech. Mr. Scott added there have been some first amendment issues around billboards recently. If a commercial business wants to use any of its existing signage for a noncommercial message, this provision makes it clear. We can’t restrict noncommercial speech more on premises signs then we do on billboards. A billboard can have a noncommercial message, so we need to also allow business owners to use their own messages on premises signs also. The Planning Commission thought it was already prohibited, but it is not. Councilmember Sanger needed some history and questioned if there was a problem. Mr. Scott said this issue has only come up with billboard companies. After reviewing the ordinances, it is recommended to have a specific provision. Councilmember Sanger asked if potentially offensive messages were non-commercial, would they be seeking advice from the City Attorney. She questioned if we permit non- commercial messages on these signs, are we going to be doing case by case review for content? Mr. Scott responded no. Councilmember Sanger believed the standards for what is acceptable noncommercial speech is stricter than if it is an individual’s sign. If this is approved, could there be offensive messages? Mr. Scott said this amendment doesn’t change any of that: it only equalizes the standard between two different signs. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein to approve 1st reading of the ordinance alternate No. 2 amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission with the exception that the provision allowing non-commercial speech be included in the ordinance as recommended by the City Attorney, and set second reading for the May 17th City Council meeting. The motion passed 7-0. 8c. Request by Mark Carlson for a Conditional Use Permit to allow windows in the second story of a detached garage and to allow the upper story of the detached garage to be finished and used as a hobby room together with three variances to allow the detached garage to be placed in the front yard, a nine St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 10 foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house. Case Nos. 04-09-CUP and 04-10-VAR 4332 Brookside Ave. Resolution No. 04-058 Mr. Morrison presented a staff report on Mark Carlson’s request for a Conditional Use Permit regarding a second story of the garage at 4332 Brookside Ave. and three variance requests. He stated that the garage fits the scale and character of the neighborhood and recommended approving the conditional use permit. Councilmember Sanger indicated she does not understand the hardship for the height variance. Mr. Scott replied the height variance exceeds height of the house. Mr. Morrison said it meets the overall height of accessory buildings. Mr. Scott said it becomes more of a policy for others. Councilmember Basill said he found it to be a unique property that will be an asset to the neighborhood; however, he wondered about 7’ versus 9’. Mr. Morrison said it is a building code issue. Councilmember Sanger wondered if the garage would still be taller than the house without the hobby room portion. Councilmember Omodt wondered if the City plows Hobart Lane. Mark Carlson, 4332 Brookside, said the City does not plow and that the neighbor takes care of it. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 04-058 approving the variances to allow detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house all based on the findings and subject to the conditions recommended by staff, and to adopt Resolution No. 04-059 approving conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space., and the conditional use permit to allow the windows and the second story. The motion passed 7-0. 8d. First Reading of Proposed Ordinance to Restrict the Feeding of Canadian Geese Mr. Vaughan gave a report about a goose removal program through the Minnesota Department of Natural Resources and the University of Minnesota. He stated an average of 125 geese have been removed annually. The proposed feeding ordinance is another tool for managing the population of geese in St. Louis Park. When geese are fed they congregate. At this time, there is concern about several parks, including Wolfe Park. A feeding ban ordinance for deer management has worked well for managing that population. St. Louis Park City Council Meeting 060704 - 3a - City Council Minutes of May 3 Page 11 Councilmember Sanger said geese are a hazard for home lawns and traffic. She recommends the public be educated about the issue and the ban. She would also like the deer ordinance to be more strictly followed. It was moved by Councilmember Finkelstein, seconded by Councilmember Santa to approve first reading of proposed ordinance restricting the feeding of Canadian Geese in the City, and set the second reading for May 17, 2004. The motion passed 7-0 9. Communications The City Manager gave a report regarding Passover and the Planning Commission’s schedule of meetings. He said meetings are scheduled in compliance with the City’s approval policy for Jewish and Christian holidays, but a better job can be done in terms of scheduling meetings around these holidays. Arbor Day is Saturday, May 8th and trees will be planted along the bike trail near Highway 7. Meeting adjourned at 9:50 pm. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 17, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Council members present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Assistant Zoning Administrator (Mr. Morrison), Planning Coordinator (Ms. Erickson), Human Resources Director (Ms. Gohman), Associate Planner (Ms. Grove), Director of Parks & Recreation (Ms. Walsh), Public Works Coordinator (Mr. Merkley), and Recording Secretary (Ms. Teagarden). 2. Presentations 2a. Appreciation Certificate for P.J. Andersen for service to the Bassett Creek Watershed Management Commission The Mayor read and presented a Certificate of Appreciation to P.J. Andersen for his service to the Bassett Creek Water Management Commission. 2b. Parktacular Ambassador Proclamation Ambassadors presented the Mayor with a picture of the Ambassadorial Family. The Mayor read and handed out proclamations for the following ambassadors: Junior Ambassadors: Taylor McCanna, Miranda Buehler, Mikayla Ebert, Lee Neitge Senior Ambassadors: Jim and Marlys Liska Most Congenial: Michelle Hogan Ambassadors: Kaitlyn Pommrehn, Tim McCune Miss St. Louis Park: Samantha Biegler 2c. National Public Works Week Proclamation The Mayor proclaimed the week of May 16 – 22, 2004 as National Public Works Week, and called upon all citizens to acquaint themselves with the issues involved in providing public works and to recognize the officials who aide and help in the quality of life. He presented the proclamation to Mr. Merkley. 3. Approval of Minutes 3a. City Council Study Session Minutes of April 26, 2004 St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 2 Councilmember Sanger: Pg 2, paragraph 11, the proposal met the city’s “but for” test (add) since the developer had stated that a senior condominium project could easily be built without TIF assistance. Councilmember Finkelstein: Pg 2, last paragraph, correct to many seniors understood full well how the equity option works. Councilmember Velick: Pg 3, paragraph 2,. change to - was also in support and felt the socialization or the camaraderie the seniors receive from living in such a facility is beneficial for seniors in the community. They will live longer lives through this process. The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. (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). 4a Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $110,550.25 for the 2004 Sidewalk Improvement Project – City Project No. 04-02 4b Motion to approve payment to the School District for an operations grant of $35,000 for 2004 from Cable TV franchise fees. 4c Motion to adopt Ordinance No. 2270-04 restricting the feeding of Canadian Geese, amending St. Louis Park Ordinance Code Chapter 4, Section 44, approve the summary and authorize summary publication. 4d Motion to designate Midwest Asphalt Corporation the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $624,765.21 for Louisiana Avenue Traffic Improvements– City Project No. 00-17 4e Motion to designate Hunerberg Construction as the lowest responsible bidder and to authorize execution of a contract for construction of an enclosed park building and open picnic shelter at Oak Hill Park in an amount not to exceed $431,249.00. 4f Motion to approve Ordinance No. 2271-04 amending St. Louis Park Ordinance Code (Zoning) relating to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District; approve summary ordinance and authorize publication. Case Nos. 04-06-ZA 4g Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Hoffmans, 2757 Brunswick Avenue South, for use of City right-of-way for placement of a fence. 4h Motion to accept for filing Fire Civil Service Commission Minutes of March 8, 2004. 4i Motion to accept for filing Telecommunication Commission Minutes of February 12, 2004. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 3 4j Motion to accept Vendor Claims for filing (Supplement). 4k Motion to accept for filing Housing Authority Minutes of April 14, 2004. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to approve the Agenda and Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment to the Minnehaha Creek Watershed District Partnership and Housing Authority Appointments. It was moved by Councilmember Santa, seconded by Councilmember Velick to appoint Mary Karius and Helen Pitt to the Minnehaha Creek Watershed District Citizen’s Task Force, and to appoint Andria Daniel to the Housing Authority for a term expiring June 30, 2007. The motion passed 7-0. 6. Public Hearings 6a. Sam’s Club (Wal Mart) is requesting approval of preliminary and final plat, a conditional use permit and street and utility easement vacation to permit development of an expansion to the Sam’s Club building, an expanded parking lot, and construction of a members only fuel facility. 3745 Louisiana Ave & 7115 Lake Street, Case Nos. 04- 11-S, 04-08-CUP & 04-18-VAC. Resolution No.’s 04-062 and 04-063 Ms. Grove presented a staff report and distributed a copy of the traffic study. A representative from SRF was unable to attend the meeting. Ms. Grove explained the vacation request in two portions, one a ten-foot wide street easement that runs along the south half of Monitor Street and provides for a continuous 50’ right of way along Monitor Street. The other portion is the property that was 2nd Street. It is approximately 60’ wide by 30’ and staff believes this was intended as a turnaround at some point in the future. Public Works reviewed the vacation request, stating they wanted to retain the 10’ wide portion, and recommended this be dedicated as right-of -way rather than a street easement, per City policy. Applicant did show this on the final plat. The Public Works department recommends vacating one portion only and dedicating the remaining 10’ wide easement. Ms. Grove reported that all of the architectural standards must be brought into conformance with current code. Sam’s Club is proposing to do this. Ms. Grove reported that SRF looked at the future traffic forecasts, and assumed a temporary traffic signal would be installed at Lake and Louisiana Ave, The also assumed there would be additional north and south bound left turn lanes at Highway 7 and Louisiana as previously recommended with the Methodist Hospital project, who will assist in paying. SFR determined they will operate at acceptable levels of service in the future, with the exception of Highway 7 and Wooddale Ave. This intersection will fail between 2007-2014, and SRF found with the addition of Sam’s Club traffic, the intersection failure will be pushed to 2007. SRF recommends a dual northbound left turn St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 4 lane on Wooddale and Highway 7 be installed to bring peak hour operations to acceptable level of service. Staff recommends allocating the cost of the signal to the Sam’s Club expansion, and basing the cost on the percentage of site trips through the intersection. City Code currently allows fuel stations in the general industrial zone as a conditional use. Staff is proposing an Ordinance Amendment to disallow this in the future, except as a use to service fleet vehicles. The developer understands the gas station would become nonconforming if such an amendment is approved, but they could request a future comprehensive plan and zoning amendment to correct the nonconforming status. Staff and Planning Commission are recommending approval of both the conditional use permit, the replat, and a portion of the vacation as described. The Mayor opened the Public Hearing. Dave Sellergren, representing Sam’s Club, presented a graphic of the landscaping plan. Mr. Sellergren stated they were in agreement with all conditions. The Mayor closed the Public Hearing, subject to the right of the Council to reopen it at a future meeting. Councilmember Santa asked if fuel station customers would exit on Monitor Street. Mr. Sellergren said he anticipated most people exiting on Monitor, or back to the main entrance on Louisiana. Councilmember Santa inquired about provisions for stormwater retention. Mr. Sellergren said he has a proposal for review at an upcoming Watershed District meeting, and it has already been approved by the Public Works Department. It will be an underground storage system and in compliance with Public Works and the Watershed District. Councilmember Sanger wanted clarification on the two zoning classifications on the same parcel, and inquired about bringing it into conformance with one zoning classification. Ms. Grove replied there are other similar parcels and the ordinance does not prohibit them. Staff encouraged the developer to rezone at this time, but there was nothing in the ordinance to prohibit the developer from moving forward to request a parking lot and motor fuel station as currently zoned. If changes to setbacks or requirements were going to be made, Councilmember Sanger wondered why this project couldn’t be improved. Ms. Grove agreed it could be done and there would not be any significant changes in the setbacks in going from general industrial to commercial. She would prefer to complete an industrial study before rezoning industrial to a commercial property. Councilmember Sanger suggested looking into rezoning into one zone, because it may not work well for future property tenants. Ms. Grove said the ordinance does allow for up to 10% proof of parking which staff recommended. Mr. Sellergren said in tighter sites, such as this, concessions are made to the operating ratio for parking. They understand the proof of parking offering, but do not think it meets operational needs. In exchange for that, further landscape has been added. Ms Grove stated that SRF did a traffic analysis and assumed the lights and turn lanes on Louisiana would be installed. They projected a minimal amount of turn movements to be added at the intersection of Lake and Louisiana. They believed the majority of people would use the main entrance off of Louisiana. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 5 Noting the cost is being shared by Sam’s Club for the breakdown of the traffic of Wooddale and Highway 7, Councilmember Finkelstein said there would be more need for pedestrian access. He wondered if Sam’s Club would be willing to commit to a prorated share to help pay for the pedestrian bridge due to increased traffic. Mr. Sellergren asked to be equitably treated and did not think there would be an objection. Councilmember Finkelstein asked that this be a condition of approval. Mr. Harmening said the City is studying the intersection from the perspective of pedestrians and traffic, and relocating the frontage road to the south. Apportioning the cost for a pedestrian bridge has not been done before; however, the City Attorney feels this could be discussed with developer. Councilmember Basill spoke to pedestrian danger at Wooddale and Highway 7 as more traffic is added. He wants to make sure the intersection can handle both pedestrians and traffic. Councilmember Omodt inquired about battery contamination issues and the plan for handling spills or leaks. Mr. Sellergren said Sam’s Club would comply with OSHA requirements for storage and removal. There are containment devices for leakage as well as other routine maintenance operations that are performed. Councilmember Omodt asked about signage. Mr. Sellergren replied that City staff recommended an uniform sign plan, and the signage has not yet been approved. Mr. Harmening clarified the sign package will be submitted to staff but does not need Council approval. Councilmember Sanger inquired about traffic controls at Lake St. and Louisiana Ave. Mr. Sellergren doubted the intersection will meet traffic signal warrants but, if it does, he acknowledges a discussion in the future. Councilmember Santa asked about the start date for building and renovating. Mr. Sellergren said the final plan submission is June with construction to start before the end of summer. Construction should take about nine months. Councilmember Santa asked if lighting meets the code. Ms. Grove said staff did receive a revised plan that meets lighting requirements. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve the First Reading of the proposed ordinance vacating a portion of the street and utility easement as described in the staff report. The motion passed 7-0. Councilmember Basill felt the traffic levels were lower than expected. Ms. Grove explained how they obtained the traffic counts. Councilmember Finkelstein suggested an amendment that a paragraph be added to the resolution stating that offsite improvements include a pedestrian bridge at Highway 7 & Wooddale. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to adopt Resolution No. 04-062 approving the preliminary and final plat as amended and Resolution No. 04-063 granting conditional use permit as amended. The motion passed 7-0. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 6 6b. Public Hearing to Consider Reallocation of 2002 Community Development Block Grant Funds. Resolution No. 04-060 Ms. Larsen reported that at a Public Hearing on March 1, 2004, the Council approved the proposed use of the 2004 Community Development Block Grant Funds and the reallocation of the 2002 funds. Hennepin County staff has since informed staff there is a technical requirement to publish a public hearing notice specific to any reallocation over $100,000. Therefore, a separate notice, public hearing, and resolution specific to the reallocation is required. In effect, the reallocation remains exactly the same as approved at Public Hearing on March 1, 2004. The 2002 funds would be reallocated for the Wayside House Improvements, which would be $45,200. Funds would be reallocated with the single-family deferred rehab loan receiving $137,033, social service coordinator at Hamilton House receiving $4,000, the Trail Self Sufficiency Program receiving $7,000 and the single-family emergency repair program receiving $43,900. The purpose of the meeting tonight is to meet the technical requirement. The Mayor closed the Public Hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 04-060 approving reallocation of $226,133 of 2002 Urban Hennepin County Community Development Block Grant Funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. The motion passed 7-0. 7. Requests, Petitions, and C community Boards and Commissions - None 8. Resolutions, Ordinances, It was moved s 8a. Resolution approving changes to the Personnel Manual in sections relating to Fire Shift Supervisors: Fire Captain Ms. Gohman stated that they were coming before Council to allow the Fire Chief to hire three Fire Captains and to ask for adoption of policy language to meet the benefit structure for Fire Captains. Over the last one and a half years, the Fire Chief has worked with the Human Resources Department and City Manager to create a revised organizational structure. The revised structure will bring in three captains. The new structure would be: Fire Chief, Battalion Chiefs now on days, and three Fire Captains to work on each shift based on a 24 hour schedule. The Fire Captain positions would be supervisory and will supervise overall operations. Market comparison with Richfield, Coon Rapids, Edina and Burnsville found these similar size cities have full-time Fire Captains. The conclusion is that the rate of pay for the position should be approximately $68,000 to meet the market. The Fair Labor Standards Act suggests that this type of position should receive overtime. The position has been structured to be supervisory and was originally prepared to be an exempt position. Staff now recommends that this be an exempt supervisory position, with the addition of overtime to the position. The overtime matches the market pay for other Fire Captains in the area. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 7 Ms. Gohman reported they are seeking personnel manual language to set up the Fire Captains in the non-union setting as supervisors to receive flex leave and other exempt supervisory benefits package. The only addition is that the Fire Captains will receive overtime, based on market comparison. Ms. Gohman reported that there is a mix of jurisdictions where fire captains are part of the bargaining unit. The comparison of similar sized cities showed most received overtime. She added that when positions are created in the City they are non-union positions. Fire Chief Stemmer reported this change has been discussed with the union through labor management meetings. He stated that this would not contribute to layoffs and they are not increasing staff levels. Councilmember Sanger felt this would be sending a mixed message to be treated as exempt as well as an nonexempt employee to get overtime. She cannot support it with this kind of compensation structure. Councilmember Omodt shares these concerns. Mr. Harmening stated the 2004 budget assumes the Fire Captain positions are in place. Chief Stemmer reported that one Battalion Chief and the Deputy Chief positions have been eliminated and the new Fire Captain positions have no impact on the budget. He stated that the yearly compensation has been lowered to allow for the cost of overtime. Mr. Harmening reported he met with the labor consultant, Cy Smythe of Labor Relations, and it was his interpretation of the regulations that the City is required to pay overtime. Councilmember Finkelstein felt first level supervisors belong in the bargaining unit. Ms. Gohman stated that the League of Minnesota Cities advised that it is acceptable to pay in excess of FLSA and it is within a comparable market. Councilmember Omodt shared his concerns about excessive overtime due to large fires, etc. Ms. Gohman then explained flex accrual for the Fire Captains and the need for them to work a 56 hour shift. Ms. Gohman said that the benefit packages in the City link directly to a statement called “exempt.” Ms. Gohman stated that in order to receive a certain level of benefits there is a need to classify the Fire Captains as exempt. This is a term used by FLSA and also ties into the supervisory benefits package. Councilmember Basill inquired if there would be liability issues by classifying them as exempt and paying them overtime thereby eliminating exempt status. While he would like to see them paid fairly, he had concerns on the amount of overtime incurred on a yearly basis. Ms. Gohman felt they were anticipating the same market conditions and pay. Mr. Harmening clarified that the position was originally an exempt supervisory position without overtime but FLSA requires these positions be paid overtime. The job value was then lowered to allow for overtime compensation. Councilmember Sanger suggested obtaining a second opinion with a true labor lawyer that specializes in FSLA. Mr. Harmening inquired if concerns were over cost or a different type of benefits package. Councilmember Sanger said the concern is not the cost, although it could be a problem if they incurred excessive overtime. Her concern was the benefits issues and the implications for the future. She wanted a clear statement whether they are either exempt or nonexempt. Councilmember Finkelstein felt this approach will affect first line supervisory ranks. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 8 The Mayor is prepared to support this or defer it to a study session. Councilmember Basill said it makes sense to defer it for more analysis, and he wants to pay competitively. Councilmembers Velick and Sanger said they thought a study session would be very helpful. Ms. Gohman would like to move the process along as quickly as possible as the Fire Department has been waiting for this for a long time. It was moved by Councilmember Sanger, seconded by Mayor Jacobs, to defer this item to a future Study Session. The motion passed 7-0. 8b. The Hockey Association and Benilde-St. Margaret’s additional rental charges. Ms. Walsh reported that she had a verbal agreement with the St. Louis Park Hockey Association and Benilde-St. Margaret’s to eventually increase fees for ice time. Staff worked with both parties to get the agreement into writing. A $10 per hour surcharge was agreed to for ice rental time. She said they wanted to relay the financing costs to both parties. Both parties will be paying a $10 an hour surcharge until January 31, 2006. At that time, the refinancing savings will be realized and the surcharge will drop to $8 per hour, ending in 2018, when the bonds expire. After 2018, they will be paying the regular rental rate. In addition, the St. Louis Park Hockey Association had some other agreements with the City, and staff have combined all those agreements into one contract. Ms. Walsh responded that the contract with Benilde is the same with respect to the surcharge; however, Benilde does not operate a concession stand or have advertising rights. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to approve contracts with the Hockey Association and Benilde-St. Margaret’s for additional ice rental charges to assist in funding the East Arena at The Rec Center. The motion passed 6-0-1. (Councilmember Omodt abstained.) 8c. First Reading of the Proposed Ordinance Code for Adding Fees for Solid Waste Services Over 180 Gallons. Mr. Merkley explained the current levels of service and why the additional levels are being proposed. Since letters were sent to 47 residents, two responded in opposition. Yoseph Heisler, 2933 Ottawa Ave S., stated that he feels there is a level of inequality in his paying additional charges. It will mean he pays $160 additionally a year. He wondered if the City understands some people will use the service more, some people less. Councilmember Sanger pointed out some households setting out many containers of trash are actually operating small businesses. This contributes to large amounts of trash, but it also contributes to the service. Councilmember Finkelstein recommended people use less whenever they can. He said the Council is trying to encourage recycling and reduce trash. Councilmember Basill noted the families’ needs are important, which is why there is no price increase from 120-180 gallons per week. Mayor Jacobs said the next generation need to be aware of the amount of trash and recycling each family produces. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 9 Mrs. Weinberg, 2818 Raleigh, stated families need to get excited about recycling. She suggested using one of the tall garbage bins for recycling. She recommended bringing back the recycling credit as an incentive. She noticed the rates increased twice in a year. Mr. Merkley said the garbage hauler highly encouraged the City to consider the single stream hauler, and that may be a way to increase recycling. He said there are additional recycling bins available, at no additional cost, to encourage recycling. Mickey Oshay, 4530 Park Commons Drive, #316, wanted to compliment the City for a very fair- minded system and the way it encouraged recycling. Councilmember Omodt wondered if there was any way to cross reference home businesses to find out if they are making more trash. Mr. Merkley said the trash collection is set up for households. Councilmember Omodt asked Mr. Merkley to inform the public about buying extra stickers for the extra bags of trash that won’t fit inside the cart. Mr. Merkley stated they are sold at City Hall for $2.25 each. Councilmember Omodt thanked the families who came to the meeting, recognizing it was not the intention of Council to penalize large families for their garbage. If others wanted to be heard on this issue, there will be another reading in June, and discussion is encouraged if there is a problem. It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve First Reading of proposed Fee Ordinance Code modification adding additional garbage service levels over 180 gallons and set the second reading for June 7, 2004. The motion passed 7-0. 8d. Request of TOLD Development Company for an amendment to the Comprehensive Plan to change the text and concept plan for Park Commons East (Excelsior and Grand) in the Redevelopment Chapter (Phase E, Park Commons East). Resolution No. 04-061 Ms. Erickson reported that the developer is asking for text amendments to the redevelopment chapter of the comprehensive plan. Staff recommends approval of the text changes. She stated that there will also be a PUD and plat for this phase. Councilmember Velick wanted to know if there is enough parking. Ms. Erickson said the developer has to produce 200 parking spaces for recreational use of Wolfe Park and the Rec Center. These have to be additional spaces, and must be accommodated in the Park Commons area. The office building will be able to share their daytime use parking spaces with a nighttime use. With the change to condominiums and retail, the 200 parking spaces will not be accommodated on this property. There are temporary spaces on Phase NW, to be paved for temporary parking for recreational purposes. Ms. Erickson reported that the other parking issue involves Westmoreland Condominiums and the retail center across Monterey which have lost on-street parking due to changes on Monterey Drive and Excelsior Blvd. On Phase E, there is now a temporary parking lot, and the patrons of the strip mall and visitors of Westmoreland are using it. Staff does intend to do further research at a later St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 10 time. Councilmember Basill is concerned with the parking also. In the interim, he is concerned with the small businesses on the corner. He thought they had identified parking behind the building. Mr. Harmening said the EDA does own the property just south of the building at the NE corner of Excelsior and Monterey, where Salon One is located. He reported that it lends itself to a parking configuration. The comp plan amendment would not change with this site as parking. Mr. Harmening had spoken to one of the business owners in area, and agreed to put in a temporary lot on Phase E while looking at other parking options in area. He also spoke to the building owner of NE corner of Monterey and Excelsior about cooperation on a joint parking area for his users, but there was no interest from the property owner. The on-street parking in Park Commons and Excelsior & Grand and parking ramps is public parking and they may not be conducive for the businesses owners. Mr. Harmening reminded Council they did authorize the redevelopment of that corner. Councilmember Sanger agreed the parking has changed for patrons of businesses and condominiums. This does put an additional parking detriment on the area, compared to the previous plan. Mr. Harmening noted that it was anticipated an office building will be built on Phase E and the structured parking for that office building would be used as valet parking for the restaurants in the Excelsior & Grand area, which in turn frees up other parking on decks and on the street. Because there is not going to be a deck on this property for office use, there is double use of the parking. For that reason, staff is asking TOLD to demonstrate that they will still be able to provide the 200 spaces on weekends, and 70 spaces during the week. If they cannot accomplish that, then one of the fixes would be to add on to one of their parking ramps. They have not yet established this ability. Ms. Erickson added staff is looking at another parking study for the area, and has a proposal from Walker Parking Consultants. She stated that staff will have answers before coming back to Council with the PUD application. Councilmember Sanger commented on the loss of office space, and the original vision for the area which called for a live/work concept that cuts down on traffic. If approved with condominiums, she wanted to know if the developer was committed to putting offices into the next phase of this project. Bob Cunningham, TOLD Development Company, cannot make a commitment to office space at Excelsior & Grand, due to time frame remaining under development agreement. He stated they can make a commitment for additional housing, retail, parking, and improvements to streets and sidewalks at Excelsior & Grand. He showed a chart of office vacancy in western suburbs, saying the market has gone from 10-11% vacancy to more than 20% vacancy since the development agreement was signed. Mickey Oshay, resident of Westmoreland Hills Condominium, said parking is the big issue. He has lived there since 1990. Because of all the current expansion, his guests have to park across Excelsior Blvd. or walk 2-3 blocks in the neighborhood across 36th on evenings and weekends. All of parking was lost on both sides of 36th Street, Park Commons Drive, and the City lots has been lost. Condominiums rather than office space will increase the parking demand in evening and weekends. Eighty-eight condominiums means 100-200 extra cars. He wanted to let the City Council know that the residents of Westmoreland Hills are having parking problems. Julie Warner, owner of Salon One, said parking has gone away. The owner of the building has no space for parking, and in order to provide more parking, he might have to purchase land. She is worried about going out of business because of the lack of parking, as they have lost a number of customers. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 11 Councilmember Finkelstein wondered if parking spaces could be reserved in the development plan. Due to the property owner’s lack of interest, Mr. Harmening noted that the City agreed to pave and pay for temporary parking of what is now Phase E of Excelsior & Grand. He was not sure if it is the City’s sole responsibility to make up a deficit on the Westmoreland Property or to make up for a deficit for other commercial uses in that area. Mayor Jacobs said he is concerned about taking parking away from a small business that have been in St. Louis Park for many years, and causing hardship for area residents. Mr. Harmening suggested continuing to look at the property just to the north of Salon One. TOLD has expressed an interest in that area as well. Councilmember Velick said she was unaware of parking problems until tonight, and wants to have further discussion. She would like to proceed with the TOLD resolution, as long as the 200 spaces are included. Ms. Erickson addressed the mix of uses on property, and the changes including condominiums rather than offices. She pointed out there are a number of offices in the area, a bank building to be constructed on 36th & Beltline, the old Citizen’s Bank building, as well as some other offices. Staff will continue to look for more office space office in the final phases. Mr. Cunningham said parking is very expensive. There is an opportunity in Phase E to build 57 parking spaces on grade. He said he is not willing to take on additional parking demands from neighbors. The recreational parking element, the 70 stalls during the day and 200 on the weekend is intended to serve Wolfe Park. He said they would spend $9,500 to revisit the parking issue with Walker Parking Consultants. They are also looking at solutions with the City on the parcel of land east of Monterey Dr, but no commitments could be made other than the recreational parking that they took on four years ago on Excelsior & Grand developments. He stated that TOLD is taking 65 parking spaces out of Wolfe Parkway, north of Phase NE, but will replace them during the summer. This may not be favorable, because they will be taking out a surface lot that will be missed by users. However, there is ramp parking across the street. They are willing to look at solutions so that everyone is comfortable with the parking situation by the end of the project. For each and every stage, parking has been addressed and will continue to be addressed in the proposal for Phase E. It was moved by Councilmember Basill, seconded by Councilmember Velick, to approve and authorize publication of Resolution No. 04-061 amending the Comprehensive Plan, Chapter P – Redevelopment text describing the Park Commons (Excelsior & Grand) concept plan to allow the following subject to approval of the Metropolitan Council. • Allow Phase E to include approximately 13,000 square feet of ground floor retail and 88 condominiums (previously allowed 45,000 sq. ft. of office with a least 50% ground floor retail and 17 town homes.) • Allow a building height of up to 5 stories on Phase E (previously allowed up to 4 stories) without the 5th story set back. • Allow access to Phase E from Park Commons Drive and a surface parking lot along a portion of Park Commons Drive and Monterey Drive and The motion passed 6-0-1. Councilmember Finkelstein abstained. St. Louis Park City Council Meeting 060704 - 3b - City Council Minutes of May 17, 2004 Page 12 It was moved by Councilmember Basill, seconded by Councilmember Omodt, to ask staff, the developer, and other business owners to work together to take a look at parking problem. It was moved passed 7-0. All of the Council realizes appropriate parking is important for the long term success of Park Commons and local small businesses. There is a need to study parking now to make prudent decisions. This will be brought back to a Study Session for review. Mr. Cunningham wanted Council to know Phase NE is being marketed, due to bank requirements for presale commitments, in order to start building. It is actually marketed in advance of final PUD approvals. . Mr. Oshay wondered if the lot just approved was strictly for retail. Mr. Cunningham said the lot was for the retailer, who would probably have evening hours. 9. Communications Councilmember Omodt said there will be over 100 baseball games in local parks, and people from 30 different area communities coming to our community. Mayor Jacobs thanked all who worked at the Ice Cream Social, which was a very successful event with record breaking attendance. 10. Adjournment The meeting was adjourned at 10:30 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 060704 - 3c - Study Session Minutes of May 10, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION May 10, 2004 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Planning Consultant (Mr. Ingraham), Planning Associate (Ms. Grove), Finance Director (Ms. McGann), Accountant (Ms. Rinta), Public Works Director (Mr. Rardin), City Engineer (Ms. Hagen), and City Clerk (Ms. Reichert). 1. Biltmore Addition Ms. Grove reported on the safety issues regarding the intersection of France Ave and W 26th St. She stated that there was a personal injury accident and vehicular theft. The other issue of concern was the scope of the project and how it relates to the neighborhood. Further scrutiny of the Subdivision Ordinance showed a provision which may provide grounds for denial of the proposal regarding side lot lines and irregularly shaped lots. Mr. Scott stated that he does not see a basis for denial based on safety issues. He went on to say the side lots on the subdivision proposal do not meet the ordinance requirements but he irregular shaped lots do. Mayor Jacobs inquired if a variance could be granted and Mr. Scott replied that it would be a discretionary decision. Councilmember Sanger had concerns with the proposal being compatible in size and character of the neighborhood. She stated that the lot size is significantly different than others in the neighborhood. Councilmember Finkelstein stated that cars travel at excessive speeds down W. 26th St. Mayor Jacobs felt that safety was not an issue but he is concerned about the side lot lines. Wayne Jenkins, 2601 Huntington Ave S., inquired about ensuring that the turnaround will not be used as a parking space. Ms. Hagen replied that there are sight lines with the turnaround. She stated that it would be the choice of the resident and will impact cars traveling on W. 26th St. Councilmember Velick inquired if the plan reviewed by the Planning Commission with two houses would increase safety. Mr. Harmening stated the plan as submitted requires a variance. The developer stated that planning staff had helped configure the plan as presented. Ms. Hagen stated that the original plan had a higher safety aspect but the plan submitted is still safe. St. Louis Park City Council Meeting 060704 - 3c - Study Session Minutes of May 10, 2004 Page 2 Councilmember Basill stated that he liked the plan with two houses but he is concerned about the legal standing of denying the proposal based on safety issues. He asked the city attorney about their chances of success if they are challenged. Mr. Scott replied that the issue is that the plan submitted now is not in compliance with side lot line requirements. He stated that this would be the first requirement. However, if they went to court it depends greatly on the judge and several other factors. He added that if the developer sought a variance, it would be at the city’s discretion whether to approve it. Councilmember Omodt wants to see the safety issues addressed immediately and inquired if there was a set precedent for situations such as this. Mr. Scott stated that he will draft an attorney/client privileged letter for the Council. Mr. Harmening stated that they could bring the issue back at the Council meeting of June 7th. The developer asked if they could meet with staff to discuss how they can get up to code. Councilmember Sanger suggested meeting with the Neighborhood to receive feedback. 2. 2005 Budget Update Ms. McGann stated that they must first complete the 2003 and 2004 plans. She then distributed projections of property tax increases. Mayor Jacobs stated that they need the increase and the public would support it if the city is reasonable about it. Councilmember Finkelstein inquired if they should be worried about the state deficit. Ms. McGann stated that if the Market Value Homestead Credit is taken away they will not have enough funds in the General Fund. Mr. Harmening stated that the purpose of this discussion was to illustrate the type of financial environment they are in. Councilmember Velick inquired about the timing of the budget process. Ms. McGann reported that Council will receive another report in late summer and the Truth in Taxation hearing will be scheduled for September. She added that they are anticipating some tax court cases but she did not feel they would be as significant as the previous year. Ms. McGann stated that they are also looking at fees and doing a cost analysis on those fees. She reported that they also need to look at the funding source for dispatch operations. 3. Public Works Asset Reductions Mr. Rardin explained the reductions staff came up with, stating they were looking at eliminating three signals, three railroad crossings, and twelve parking lots. Councilmember Finkelstein would like a list of the parking lots to be eliminated. He questioned whether they are required to sell the lots to the highest bidder and Mr. Harmening replied that it depends how the lots are received. Mayor Jacobs directed staff to use their best judgment and go on a case to case basis. Mr. Harmening stated that they need to consider how the losses will affect the neighborhoods. Councilmember Sanger wanted a better public process in bringing the issue of railroad crossing removals to the neighborhoods. Staff agreed and will begin working on it immediately. St. Louis Park City Council Meeting 060704 - 3c - Study Session Minutes of May 10, 2004 Page 3 Mayor Jacobs would like to keep the signals if funds can be levied. Councilmember Sanger stated that the Sorenson Neighborhood Association had concerns about the school and the church. Councilmember Finkelstein suggested retaining the traffic signal at W. Lake St. and Zarthan Ave. S. 4. Communications Mr. Harmening inquired if Council was comfortable with submitting the 180 plus garbage rate increases for formal approval. Council agreed to move forward with the process. 5. Adjournment The meeting was adjourned at 9:25 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 060704 - 4a - Sam's Club Easement Vacation Page 1 4a. Motion to approve 2nd reading of Ordinance to vacate a portion of a street and utility easement at 3745 Louisiana Ave lying west of Monitor Street as requested by Sam’s Club (Wal Mart Stores, Inc), adopt ordinance, approve summary and authorization publication. Background: The applicant has proposed to vacate an existing street and utility easement approximately 60 feet long by 30 to 38 feet in width, lying 10 feet inside the eastern lot line (west of Monitor Street) of the current Sam’s Club site over what is shown as vacated 2nd Street. Staff believes it was intended for use as a turn around at the end of Monitor Street. The vacation was originally requested as part of a replat and conditional use permit request from Sam’s Club (Wal Mart). The Public Works Department reviewed the request and believes a turn around could be accommodated at some point in the future when the property to the east redevelops. Therefore, they recommended approval of the vacation request. The Planning Commission reviewed the request on April 21, 2004, and recommended approval. On May 17, 2004, the City Council held a public hearing and approved first reading of an Ordinance to vacate a street and utility easement located over a portion of the subject property that is 60 feet long by 30 to 38 feet in width over what is shown as vacated 2nd Street. Attachments: • Proposed ordinance vacating street and utility easement, summary • Petition to vacate easement (supplement) • Survey of existing and proposed easements (supplement) Prepared By: Julie Grove, Associate Planner, Approved By: Tom Harmening, City Manager SITE PHOTO: RE AVE M O N I T O R S T LOUIS IANA AVE S 3745 Louisiana Ave LAKE S T R E E St. Louis Park City Council Meeting 060704 - 4a - Sam's Club Easement Vacation Page 2 ORDINANCE NO.___________ AN ORDINANCE VACATING STREET AND UTILITY EASEMENT ALONG A PORTION OF THE WEST SIDE OF MONITOR STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the street and utility easement proposed to be vacated has been filed. The notice of said petition has been published, in the St. Louis Park Sailor, on May 6, 2004 and the City Council has conducted a public hearing upon said petition and has determined that the street and utility easement is not needed for public purposes, and that it is for the best interest of the public that said street and utility easement be vacated. Section 2. The following described street and utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: An easement for street, utility purposes over that part of vacated Second Street which lies easterly of the westerly line of Lot 1, Block 164 extended northerly to the southerly line of Lot 16, Block 162, except for the easterly 10 feet. 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. Adopted by the City Council June 7, 2004 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting 060704 - 4a - Sam's Club Easement Vacation Page 3 SUMMARY ORDINANCE NO._____________ AN ORDINANCE VACATING A STREET AND UTILITY EASEMNET AT 3745 LOUISIANA AVENUE SOUTH This ordinance states that an existing street and utility easement shall be vacated at 3745 Louisiana Avenue South. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 7, 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: June 17, 2004 St. Louis Park City Council Meeting 060704 - 4b - 180+ Garbage Rate Modifications Page 1 4b. Motion to approve Second Reading of proposed Fee Ordinance Code modification adding additional garbage service levels over 180 gallons and to approve summary and authorize publication. Background: At the April 26, 2004 Council Study Session and the May 17, 2004 Council Meeting, Council discussed the need for additional solid waste service levels over 180 gallons. Adding levels of service over 180 gallons will more fairly distribute the cost of refuse collection and disposal services and better conform to the Pay-As-You-Throw-Program. The following program changes are proposed to the current service levels: • Modify the 90+ gallon service to become a 120-180 gallon service at the current 90+ gallon service rate. • Create new levels of service and rates in 90 gallon increments beyond 180 gallons starting with a 270 gallon service at a new service rate. • Maintain the current rates for 30 gallon service, 60 gallon service, and 90 gallon services at the current service rate. Proposed Revision: The 90+ service levels will be modified and new services and rates above 180 gallons will be established. Upon Council approval, staff will again notify households with over 180 gallons of garbage service of the new rate change and offer them the opportunity to reduce their service level, if they so desire. Information will also be placed on the Web Site and in the Park Perspective. The creation of additional levels of service will require a change to the Fee Ordinance. Public Works staff will work with the Finance Department to coordinate the changes required in the Utility Billing system for the additional service levels and adjustments to the 47 affected customers in time to be effective for the start of the 3rd quarter (July 1). Billings for 3rd quarter rate increase will be invoiced during the 4th quarter because solid waste charges are billed in arrears. Third quarter billing will begin in October 2004. Timeline: • Information on Web Site and Park Perspective May 2004 • 1st Letters to affected residents of proposed changes May 2004 • Coordinate changes with Utility Billing May 2004 • 2nd Letters to affected residents of changes June 2004 • Amend the Fee Ordinance May-June 2004 § 1st Reading May 17, 2004 § 2nd Reading and Summary Approval June 7, 2004 § Summary Publication June 10, 2004 § Effective Date July 1, 2004 Attachments: Proposed Fee Schedule/Ordinance Publication Summary Prepared by: Scott Merkley, Public Works Coordinator Sarah Hellekson, Public Works Administrative Assistant Through: Mike Rardin, Director of Public Works Jean McGann, Director of Finance Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 060704 - 4b - 180+ Garbage Rate Modifications Page 2 ORDINANCE NO. _______-04 AN ORDINANCE ADDING FEES FOR RESIDENTIAL SOLID WASTE SERVICES FOR SERVICE LEVELS ABOVE 90 GALLONS PER WEEK THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Section 22-37 of the Municipal Code states that a service charge for garbage/refuse collection, including recycling service, and yard waste collection service, provided to residential dwelling units in the city shall be an amount set from time to time by the city. Section 2. Fees called for within individual provisions of the City Code were set for calendar year 2004 with the passage of Ordinance No. 2252-03. Section 3. Fees called for by Ordinance 2252-03 are hereby amended to add new fees to the schedule of fees listed in Appendix A of the City Code as follows: CHAPTER 22: SOLID WASTE MANAGEMENT 22-33 Special pickup (refuse/recycling/yard waste) $15 each 22-34 Extra Cart 30 Gallon $40 each 60 Gallon $44 each 90 Gallon $48 each 22-35 Extra refuse stickers $2.25 quarterly 22-37 Refuse/Garbage Service Rate 30 Gallon $32.78 quarterly 60 Gallon $43.35 quarterly 90 Gallon $53.93 quarterly 120-180 Gallon $64.50 quarterly 270 Gallon $84.50 quarterly 360 Gallon $104.50 quarterly 450 Gallon $124.50 quarterly 540 Gallon $144.50 quarterly St. Louis Park City Council Meeting 060704 - 4b - 180+ Garbage Rate Modifications Page 3 22-37 Extended Absence 31% credit for the # of weeks absent (per table below) Number of Weeks Absent 30 Gallon 60 Gallon 90 Gallon 120-180 Gallon 270 Gallon 360 Gallon 450 Gallon 540 Gallon 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $3.90 $5.20 $6.40 $7.70 $10.10 $12.50 $14.80 $17.20 6 $4.70 $6.20 $7.70 $9.20 $12.10 $15.00 $17.80 $20.70 7 $5.50 $7.20 $9.00 $10.80 $14.10 $17.40 $20.80 $24.10 8 $6.30 $8.30 $10.30 $12.30 $16.10 $19.90 $23.80 $27.60 9 $7.00 $9.30 $11.60 $13.80 $18.10 $22.40 $26.70 $31.00 10 $7.80 $10.30 $12.90 $15.40 $20.20 $24.90 $29.70 $34.50 11 $8.60 $11.40 $14.10 $16.90 $22.20 $27.40 $32.70 $37.90 12 $9.40 $12.40 $15.40 $18.50 $24.20 $29.90 $35.60 $41.30 13 $10.20 $13.40 $16.70 $20.00 $26.20 $32.40 $38.60 $44.80 14 $10.90 $14.50 $18.00 $21.50 $28.20 $34.90 $41.60 $48.20 15 $11.70 $15.50 $19.30 $23.10 $30.20 $37.40 $44.50 $51.70 16 $12.50 $16.50 $20.60 $24.60 $32.20 $39.90 $47.50 $55.10 17 $13.30 $17.60 $21.90 $26.10 $34.30 $42.40 $50.50 $58.60 18 $14.10 $18.60 $23.10 $27.70 $36.30 $44.90 $53.40 $62.00 19 $14.90 $19.60 $24.40 $29.20 $38.30 $47.30 $56.40 $65.50 20 $15.60 $20.70 $25.70 $30.80 $40.30 $49.80 $59.40 $68.90 21 $16.40 $21.70 $27.00 $32.30 $42.30 $52.30 $62.30 $72.40 22 $17.20 $22.70 $28.30 $33.80 $44.30 $54.80 $65.30 $75.80 23 $18.00 $23.80 $29.60 $35.40 $46.30 $57.30 $68.30 $79.30 24 $18.80 $24.80 $30.90 $36.90 $48.40 $59.80 $71.30 $82.70 25 $19.50 $25.80 $32.20 $38.50 $50.40 $62.30 $74.20 $86.10 26 $20.30 $26.90 $33.40 $40.00 $52.40 $64.80 $77.20 $89.60 Section 4. This ordinance shall take effect July 1, 2004. Attest: Adopted by the City Council June 7, 2004 City Clerk Mayor Reviewed for Public Works: Approved as to Form and Execution: City Manager City Attorney St. Louis Park City Council Meeting 060704 - 4b - 180+ Garbage Rate Modifications Page 4 SUMMARY ORDINANCE NO.______ AN ORDINANCE ADDING FEES FOR RESIDENTIAL SOLID WASTE SERVICES FOR SERVICE LEVELS ABOVE 90 GALLONS PER WEEK This ordinance states that fees are added for households using more than 90 gallon service per week as follows: 120-180 Gallon $64.50 quarterly 270 Gallon $84.50 quarterly 360 Gallon $104.50 quarterly 450 Gallon $124.50 quarterly 540 Gallon $144.50 quarterly This ordinance state that extended absence fees are calculated as follows: Extended Absence Credit is available beginning after the forth week of absence and lasting 26 weeks for the cost of the disposal (31%). The credit is based on the formula or (cost/week) x (# of weeks) x (31%) rounded to the nearest $0.10. This ordinance shall take effect July 1, 2004. Adopted by the City Council June 7, 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: June 10, 2004 St. Louis Park City Council Meeting 060704 - 4c - American Legion Removal of Parking Restrictions Page 1 4c. Motion to adopt the attached resolution authorizing the removal of permit parking restrictions in the former American Legion area. Background: Based upon a request by a resident, staff explored the possibility of removing signage which limited non-resident parking on several streets in the former American Legion area. This request was prompted by the fact that the American Legion is no longer located at 4015 Yosemite Avenue. Specifically, the areas requested for removal of parking restrictions include: • Webster Avenue, east side from W. 41st to W. 40 ½ Street • Xenwood Avenue, west side from 4024 to W. 41st Street, except that part in front of 4032 Xenwood Avenue already designated as “No Parking Any Time” • W. 40 ½ Street, north side from Webster to Xenwood Avenue • Yosemite Avenue, east side from 4015 to W. 41st Street. Analysis: The existing parking restrictions were originally implemented in 1988 due to the amount of overflow parking from the American Legion. The American Legion is no longer located at 4015 Yosemite Avenue. In its place is a hair salon which does not produce the same type or amount of traffic or overflow parking. The existing signage limits parking on the street at all times to only those vehicles displaying an appropriate permit from the City. The opposite side of the streets are marked “No Parking” and will not be changed. Public Input: An initial letter was mailed to residents in early March requesting comments on the proposed removal of parking restrictions. Of 5 responses to that inquiry, 3 were in favor of the removal of the parking restrictions and 2 opposed them. These are summarized in the attachment. To address a concern raised regarding narrow street width, parking would still be restricted along the entire length of the west side of Yosemite Avenue, the east side of Xenwood Avenue, the west side of Webster Avenue, and the south side of 40 ½ Street. Staff feels that there is ample room for residential traffic and emergency vehicles. Another concern raised by residents was that there is potential for additional parking pressure on the area due to Bunny’s and the future Brookside school redevelopment. Staff feels that this permit parking was installed for a specific purpose, the American Legion, and that it is not appropriate to maintain the signage for a different reason. Also, the future Brookside school site redevelopment will be required to provide adequate parking, in accordance with the City’s zoning code. Attachments: Summary of resident comments Map (Supplement) Resolution Prepared by: Laura Adler, Engineering Program Coordinator 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 060704 - 4c - American Legion Removal of Parking Restrictions Page 2 Comments Received Regarding Removal of Permit Parking Restrictions: Name Address Comment Mary Campbell 4041 Xenwood Avenue Would like the permit parking restrictions removed. Says it would be more convenient for visitors. Helen (no last name provided) Lives on Yosemite Avenue Would like the permit parking restrictions removed. Thinks that having more people parked on the street would slow traffic. Chris Jadin 4076 Webster Avenue Prefers to keep permit parking. Concerned about the redevelopment of Brookside school and its impact on parking in the neighborhood. Marie Hoskins 4056 Webster Avenue Would like to have the permit parking removed, as the American Legion has been gone for a long time. Feels that non-permitted vehicles already park on the street. Greg Merck 4062 Yosemite Avenue Concerned about Bunny’s customers parking in the neighborhood if the permit parking were removed. Feels that it’s nice to have the streets clear, that it creates a safer feeling atmosphere. Concerned about the narrow width of the streets and the ability for emergency vehicles to get through. Also concerned with vehicles not stopping at stop signs. St. Louis Park City Council Meeting 060704 - 4c - American Legion Removal of Parking Restrictions Page 3 RESOLUTION NO. 04-XXX RESOLUTION RESCINDING PERMIT PARKING RESTRICTIONS IN THE AMERICAN LEGION AREA WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that it is in the best interest of the City to remove parking restrictions based upon permit issuance to the residents adjacent to the following areas: • Webster Avenue, east side from W. 41st to W. 40 ½ Street • Xenwood Avenue, west side from 4024 to W. 41st Street, except that part in front of 4032 Xenwood Avenue already designated as “No Parking Any Time” • W. 40 ½ Street, north side from Webster to Xenwood Avenue • Yosemite Avenue, east side from 4015 to W. 41st Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 88-119 be rescinded. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to remove the necessary signage. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO OFFICER DOUGLAS PIEPER WHEREAS, Douglas Pieper began his employment with the City of St. Louis Park almost 27 years ago on November 21, 1977; and WHEREAS, through his enthusiasm and tenacity, Doug has earned the respect of peers and citizens; and WHEREAS, Doug has made countless contributions in his commitment to his job and has served the City in the Police Department by serving as an Emergency Response Team member, Field Training Officer, Support Services Officer, Community Outreach Officer, Department Armorer, Firearms Instructor, Use of Force Instructor; and WHEREAS, Doug has volunteered as a Police Explorer Advisor for 14 years, a high school student mentor, a Boy Scouts of America leader; and board member of the Minnetonka Sportsman’s Gun Club; and WHEREAS, Doug is a devoted husband, father, and an active member of his church; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Douglas Pieper for his great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO MICHAEL HIGGINS WHEREAS, Michael Higgins began his employment with the City of St. Louis Park almost 27 years ago on August 29, 1977; and WHEREAS, through his dedication, hard work, and tenacity, Mike has earned the respect of peers and citizens; and WHEREAS, Mike has made countless contributions in his commitment to his job and has served the City in the Utilities Department as a Field Supervisor by providing safe drinking water to the residents of St. Louis Park; and WHEREAS, Mike has worked around the clock several times watching over the water system to ensure residents an ample supply of water; and WHEREAS, Mike enjoys spending quality time with his family and friends; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Michael Higgins for his great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO OFFICER PHILLIP SOLTVEDT WHEREAS, Phillip Soltvedt began his employment with the City of St. Louis Park almost 28 years ago on July 6, 1976; and WHEREAS, through his enthusiasm and tenacity, Phil has earned the respect of peers and citizens; and WHEREAS, Phil has made countless contributions in his commitment to his job and has served the City in the Police Department by serving as an Emergency Response Team Member, Field Training Officer, Support Service Officer; and conducting numerous background and liquor investigations. WHEREAS, Phil has received numerous awards for his service to the Citizens of St. Louis Park such as St Louis Park Officer of the Year, Southwest Business Exchange Club Officer of the year, and numerous other departmental commendations. WHEREAS, Phil has numerous golf courses that require constant play; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Phillip Soltvedt for his great contributions and 28 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 060704 - 4e - Final Payment for 2002 Sidewalk Improvements Page 1 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON 2002 SIDEWALK IMPROVEMENT PROJECT PROJECT NO. 02-01B CONTRACT NO. 129-02 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated October 21, 2002, Knish Corporation has satisfactorily completed the construction of the 2002 sidewalk improvement project, as per Contract No. 129-02. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 060704 - 4f - 4159 Utica Encroachment Agmt Page 1 4f. Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Luftmans, 4159 Utica Avenue South, for use of City right-of- way for placement of a fence. Background: The Luftmans own the single-family home at 4159 Utica Avenue South and wish to construct a wood fence along the south side of their property which would encroach into the City’s right-of-way. Analysis: City staff has reviewed this request and has found no conflicts with any public facilities. The applicant will maintain 11 feet of clearance between the fence and the curb, and the fence will need to meet all zoning code requirements. The proposed encroachment agreement allows the City to terminate this agreement upon thirty (30) days notice to the property owner. The standard agreement was drafted by the City Attorney. The agreement will be recorded against the property and run with the land. All costs of construction, future maintenance, relocation or removal would be borne by the property owner. Approval of the encroachment agreement will be subject to verification that there is no interference with utilities. Attachment: Map (Supplement) 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 060704 - 4g - Final Payment for Rec Center West Arena Page 1 RESOLUTION NO. ______________ RESOLUTION ACCEPTING COMPLETION OF THE REC CENTER’S WEST ARENA RENOVATION CONTRACT NO. 28-03 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated April 17, 2003, Meisinger Construction Company, Inc. has satisfactorily completed work on the Rec Center’s west arena renovation, as per Contract No. 28-03. 2. The Director of Parks and Recreation has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council June 7, 2004 Thomas K. Harmening, City Manager Jeffrey Jacobs, Mayor Attest: Cindy Reichert, City Clerk St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA APRIL 21, 2004 – 6 P.M. COUNCIL CHAMBERS 1. Call to Order Chair Robertson called the meeting to order at 6:00 pm. Commissioners present: Michelle Bissonnette, Lynne Carper, Ken Gothberg, Claudia Johnston- Madison, Dennis Morris, Carl Robertson, Jerry Timian (arrived at 6:35pm.) Staff present: Planning/Zoning Supervisor (Ms. Jeremiah), Assistant Zoning Administrator (Mr. Morrison), City Engineer (Ms. Hagen), and Administrative Secretary (Ms. Sells). 2. Approval of Minutes of April 7, 2004 Commission Gothberg moved approval of the minutes. The motion passed on a vote of 5-0-1 (Commission Bissonnette abstained). 3. Hearings: A. Case No. 04-19-CUP—Request by VoiceStream, Minneapolis, Inc. for a conditional use permit to permit the construction of a public service structure for property located at 2541 Nevada Ave. S. (Cedar Knoll Park) Mr. Morrison presented staff report. He listed conditions for a conditional use permit to construct a public service structure to accommodate a wireless antenna mounted to a water tower behind building. The property is Cedar Knoll Park, located south of the water tower. Chair Robertson discussed use of exterior veneer to gain more area inside, wondering if it has to look like brick, or if concrete panel is acceptable. Mr. Morrison said the 10’ x 12’ area does not accommodate their dimensions, so applicant is proposing a thinner concrete panel, then a veneer on the outside. Using full size brick will have no effect on inside dimensions, and meets ordinance architectural standards and durability. Bob Herlihy, Selective Site Consultants, representing VoiceStream Minnesota Inc, DBA T- Mobile, said the applicant has agreed to plant trees and to have full brick outer covering, but has an issue with paving requirements. He said from 1996 to the present, 4 previous carriers were located at the site. The access road is off of a parking lot and not adjacent to a public street. A company technician uses the gravel road once a month for half an hour to check equipment. The road is only used 2 hours per month and half of the year is covered with snow. Mr. Herlihy said St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 2 as a last resort the applicant has agreed to pay ¼ of the cost. The applicant is asking for CUP approval without the requirement of paving. Commissioner Bissonnette asked for dimensions and approximate cost for paving. Mr. Herlihy estimated the dimensions to be 100’ x 12’, at approximately $30,000- $40,000. Chair Robertson opened the public hearing. As no one was present wishing to speak, Chair Robertson closed the public hearing. Commissioner Morris asked if the City uses the road to gain access to the water tower for maintenance and service, and wondered if the road had been there before the carriers. Mr. Morrison responded he did not know, but it is the only service road to the tower. Commissioner Morris suggested an open brick driveway to make it a drivable road and to retain the park-like area. Commissioner Morris commented on the concrete buildings, wondering if in the future all the smaller structures could be grouped into one building to make the area more aesthetically pleasing. Commissioner Bissonnette said the water tower drive area is used for ball field parking. Commissioner Gothberg mentioned it seems the City has a higher volume of use if the drive area is used substantially during the summer. Commissioner Carper questioned the actual cost, and if the City is included in list of users. Mr. Morrison does not have an actual estimate. Public Works has discussed a way to distribute the cost to all users. Commissioner Carper wondered about the ordinance, when it was enacted, requiring a paved road. Mr. Morrison said the ordinance was passed around 1992. Ms. Jeremiah said the ordinance states that if parking or driveway area is used less than 2 days per week, the Public Works director can approve an alternate to paving. Cost sharing issues need to be worked out, and alternatives considered before finalized. Anything beyond the ordinance does need a variance. Commissioner Johnston-Madison said it seems unfair for the applicant to pay for the whole cost of paving the road, and she suggested staff look into alternatives. Chair Robertson discussed putting extra money into the buildings and sprucing them up, rather than putting money into the road, which has minimal use. Mr. Herlihy said Scott Merkley, Public Works Dept., was opposed to paving, feeling that as the structures are now housing wireless technology which will be gone in the future, the paved road would remain. Commissioner Morris recommends the following change to Condition No. 2: instead of “to be paved”, it should state “the city engineer to determine the state of improvement necessary to the service road”. St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 3 Commissioner Morris moved to accept the staff recommendation for the conditional use permit with conditions for the construction of public service structure at Cedar Knoll Park, with a change to Condition No. 2 to state the City Engineer will make a determination as to the extent of improvement to the roadway. Commissioner Gothberg requested an amendment to Condition No. 2 to include: if a determination of paving is required, that an actual use study be made for a fair appropriation to all parties involved, including the City and the Park Board for parking at baseball games. Commissioner Morris found this acceptable. The motion passed 7-0. B. Case Nos. 04-08-CUP, 04-11-S, 04-18-VAC—Sam’s Club (Wal Mart) is requesting approval of preliminary and final plat, a conditional use permit and street and utility easement vacation to permit development of an expansion to the Sam’s Club building, an expanded parking lot, and construction of a members only fuel facility – 3745 Louisiana Ave. & 7115 Lake Street Ms. Jeremiah presented the staff report for Ms. Groves, who did the analysis. Ms. Jeremiah stated that questions about easements need to be rectified prior to signing the final plat. Public Works had comments on grading and utility plans that will have to be resolved prior to site work. Ms. Jeremiah commented that as Monitor Street is in very poor condition, upgrading is recommended as part of development. The Sam’s Club entrance is proposed to be 50’ to the north to line up to curb cut to west, seen as an improvement to sight distances. Public Works and SRF did a traffic study, recommending a right turn lane constructed into Louisiana entrance. Ms. Jeremiah said tree replacement requirements need to be met to accommodate the proposal, and there is difficulty putting enough trees on site to meet the requirements to accommodate expansion. Discussions have taken place with Park & Recreation regarding cash in lieu of trees, which can be done per ordinance. This is not finalized, as more trees are recommended. Ms. Jeremiah stated that there is a timing issue before recording of the final plat. Condition No. 4 should say “within 6 months, not within 60 days, of final plat approval, the subdivider must record final plat.” She said the developer is concerned with delays in recording of the final plat. Staff is comfortable with some latitude, as conditions in the development agreement, which will be addressed before building permits are issued. This could affect Conditions 3 c., and 4, which could be rephrased to “allow some latitude providing any change from 6 months and in accordance with terms of development agreement.” St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 4 Ms. Jeremiah said a change to Condition No. 7 would add item f, stating “prior to issuance of a building permit they would need to either provide evidence of recording plat with county or subscribing to the conditions of the development agreement for waiver of that condition.” Commissioner Gothberg asked how much of an increase the traffic study showed Ms. Cote, SRF, responded that the study estimated 270 additional trips, including 135 trips in and 135 trips out during PM peak hour. Commissioner Morris asked for clarification of the elevations, as to how the new building is oriented. Dave Sellergren, on behalf of Sam’s Club, said there is no rear entry. He said what Commissioner Morris mistook to be a rear entry is an ornamental iron fence for an enclosure for tire storage and other auto accessories. Commissioner Morris wondered about a loading area on the SE corner. Mr. Sellergren said it was a customer orientation area. Chair Robertson wanted clarification on parking and tree replacement, specifically the islands on north end of parking lot with no trees. He wondered if a few parking spaces could be lost to accommodate trees. Ms. Jeremiah said two spaces can be lost to take on some trees, the differences in the numbers were primarily in regards to warehousing space, which isn’t parked very highly. But, Ms. Grove will take a look and discuss with applicant where to get more landscaping. Ms. Jeremiah said the lot does appear to be uninterrupted parking, and it is the City’s goal to get as much landscaping and tree replacement as possible. Commissioner Johnston-Madison wondered if the cart corrals will affect tree replacement. Ms. Jeremiah said that the cart corrals are not shown, but a certain number of parking spaces will be lost to cart corrals. Dave Sellergren, representing the applicant, introduced Sam’s Club consultants and staff. He said they are anxious to upgrade the facility, to develop the property, and will work very hard to find additional landscaping areas. He said he appreciates the Chair’s concern about trees. The applicant does not think there is a way to save more trees, due to the way the building sits on the site. One of the objectives is to address storage issues. Commissioner Morris asked about the intercom, which is manned by an attendant. He asked if there is a berm around the outside perimeter of the fueling station of Monitor and Lake Street. Mr. Sellergren said it is to be just landscaped. Commissioner Carper had a question about the tire storage enclosure, asking if it allowed for visual inspection of discarded batteries and tires. Mr. Sellergren responded that the vertical iron pieces are 4” apart to provide ventilation for the batteries, so there is some ability to see into the enclosure. He stated that more could be done with angled design to prevent that from happening. Chair Robertson opened the public hearing. No one stepped forward wishing to speak. The Chair closed the public hearing. St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 5 Commissioner Morris asked about the design of cart corrals. Ms. Jeremiah responded that for shopping centers over 200,000 square feet, cart corrals are to be curbed, landscaped islands. This is not required for smaller uses like the proposed project. Mr. Sellergren replied if an upgrade is required, Sam’s Club probably has choices, if the Planning Commission would indicate its preferences short of a landscaping curbed island. Commissioner Morris wondered if the parking lot area on the Lake Street Side is broken up with ground cover, green, or rock. Mr. Sellergren responded there are concrete stops, and no ground cover. Perhaps extra landscaping could be in end stops, or into the parking field, but they are making a choice due to lack of room. Commissioner Morris discussed loss of landscaping to parking lots. Commissioner Morris made a recommendation for more evergreens for landscape screening of the property. Ms. Jeremiah said Commissioner Morris is correct, the applicant is not meeting the minimum 20% evergreen requirements. Mr. Sellergren said they were open to increasing the number of evergreens. Commissioner Timian asked for information about traffic flow and pedestrian movement from the side lot to main store entrance. Commissioner Morris noted there has always been a conflict between vehicles and shoppers, people in the drive aisle with carts. He asked for a description of the new entry and pedestrian movement around the traffic. Mr. Sellergren indicated the primary entry is further to the east than currently exists. He remarked that the current store is grossly under parked, and they are confident that by adjusting the entrance northerly, providing right hand turn lanes, moving the entry point around to north, giving enough space to turn into parking field, will change the flow. Ms. Jeremiah discussed a proof of parking ordinance, which allows the developer to pave and stripe only 90% of the requirement, as has been done in other centers, and sometimes after proof of parking this allowed them to go back and pave areas where needed, and others have been retained as landscaping for a few years. Mr. Sellergren mentioned he believed they need every parking space, and will find additional parking. He did not believe they would cover parking with green space. Commissioner Morris asked what development is considered for the opposite side of Monitor. Ms. Jeremiah responded that a developer is looking at the site. The proposal is for an office warehouse, light manufacturing, and more industrial in character. Commissioner Gothberg made a motion to recommend approval of the preliminary and final plat and conditional use permit subject to conditions as recommended by staff with the additions and changes discussed in language to Condition No. 3 c., Condition No. 4 and the additional condition of 7 f. relative to plat recording as recommended by Ms. Jeremiah. Also, with respect to Condition 10 a. that states, “outdoor public address systems are prohibited” – to add “intercom St. Louis Park City Council Meeting 060704 - 4h - Planning Commission Minutes of4-21-04 Page 6 system at the fueling station is approved.” He also wishes to pass on to the City Council that more green is preferred if enough parking spaces are available. Second part of the motion is to recommend approval of an ordinance vacating a portion of the street and utility easement as described in the staff report. Commissioner Carper offered a friendly amendment: An additional requirement regarding the screening. It is proposed to say, “require adequate screening of the tire/ battery storage area to prevent direct view of storage items when viewed at a 90° angle, while allowing adequate ventilation.” Mr. Gothberg accepted the friendly amendment. The motion passed 7-0. 4. Unfinished Business 5. New Business 6. Communications A. Recent City Council Action – April 12, April 19 B. Board of Zoning Appeals – April 22 7. Miscellaneous Commissioner Morris endorsed Ms. Jeremiah’s recommendation to change the ordinance to eliminate the type of fueling stations connected with big box retail that are not aesthetically pleasing, poorly landscaped, and service only members. Commissioner Carper discussed the Planning Commission process to initiate steps to require aesthetically pleasing structures versus building block design. Ms. Jeremiah said the Planning Commission, City Council and Community Development Director have the ability to initiate zoning ordinance amendments. Study sessions are helpful for talking through ideas in a less formal format. 8. Adjournment Chair Robertson adjourned the meeting at 7:45pm. Minutes prepared by: Submitted by: Karen Teagarden Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 1 City of St. Louis Park Human Rights Commission Minutes – April 21, 2004 Westwood Room, City Hall Call to Order Chair Armbrecht called the meeting to order at 7:10 p.m. Present Commissioners: Matthew Armbrecht, Colleen Clark, Kristen Edsall, Annie Gaffney, Seema Maddali, Kristi Rudelius-Palmer, and Kristin Siegesmund. Staff: Martha McDonell, Commission Liaison Guest: Nancy Tellett-Royce, Children First Approval of Agenda The agenda was approved as presented. Approval of Minutes The minutes of February 18 and March 17, 2004 were approved with amendments noted to staff by Mr. Armbrecht. Commissioner Report Mr. Armbrecht noted that Michael Roan would be unable to attend the meeting. He asked the Commission to disregard the information that had been distributed previously because it was being updated. Mr. Roan was tentatively going to attend the May meeting to present that information. Ms. McDonell distributed an updated roster. Ms. Maddali noted that the Chair needed to be updated. Ms. McDonell indicated that the Police Liaisons were added to the roster. She met with them for an orientation and they seemed enthusiastic. Sergeant Dave Shoemaker said he would undertake Hate Crime reminders and include it in the annual training (response plan and reporting). Ms. Rudelius-Palmer asked if they would be attending the meetings. Ms. McDonell replied that she would send them minutes and agendas and asked them to attend if possible. She could request them to attend if necessary. Mr. Armbrecht asked if they should be included in Email messages? Ms. McDonell replied that Commissioners should make that judgment as needed. Ms. Rudelius-Palmer asked the status of new Commissioners. Ms. McDonell replied they hadn’t been appointed yet. More people seemed to be interested in the Police Advisory Commission. Ms. Maddali believed this commission was not very visible. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 2 2 Ms. Rudelius-Palmer asked the total number of Commissioners? Ms. McDonell replied 10. Ms. Rudelius-Palmer asked how they switch the voting/non-voting youth members? Ms. McDonell replied that had been done already. Mr. Armbrecht asked if they should have more and younger youth? Ms. McDonell replied that they had to be in high school. They were also required to live in St. Louis Park. Ms. Rudelius-Palmer noted she was talking with the person heading the 9th Grade initiative and would meet with her next week and address that issue. Mr. Armbrecht asked if the School Board could appoint someone? Ms. McDonell noted she was working with the superintendent. Ms. Edsall stated that the Children First meeting would be a good place to find someone. Ms. Rudelius-Palmer asked if Ms. McDonell had forms from the Minnesota League of Human Rights Commissions? The annual meeting would be the first week of October and they would have an update. Ms. McDonell indicated she would receive a bill and there would probably be information. Ms. Edsall asked what they got with this membership? Ms. McDonell replied that they provided the conference. Ms. Rudelius-Palmer indicated that they had a strategic planning session on how the mission was to service Human Rights Commissions effectively and disseminate information. They were getting Emails on-line for commission distribution. They were trying to improve that level of communication, but it was slow to move forward. The two day conference, It’s Time to Talk About Race, would be May 25 and 26 and she would send out information. Mr. Armbrecht indicated it would be good to have a web site. Ms. Rudelius-Palmer replied that there was a site with a bulletin board of information. They would also be sending a calendar of events. Ms. Siegesmund noted that the Minnesota League of Human Rights Commissions were all volunteers. She suggested Ms. Edsall should volunteer for the Commission. Ms. Rudelius-Palmer indicated that the District Heads were supposed to disseminate information. The Minnesota Department of Human resources got a grant to write a K-12 grant with three phases totaling $80,000 to be done the Fall of 2005. They were piloting a draft with schools in 2004-05 and then it would go to other Minnesota schools. Old Business A. Discuss distribution of the diversity survey Ms. Gaffney distributed the Human Resources Survey distribution checklist and survey forms. She would call printers to have color signs made. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 3 3 The Commission discussed which sign they preferred and determined they could have them printed half one way and half the other. Ms. McDonell would provide name tags. Ms. Edsall indicated that Commissioners could submit questions to her and she would make signs. Mr. Armbrecht suggested they get demographic information from Saint Louis Park. Ms. Rudelius-Palmer discussed the Implementation Steps (handout). They could use tape recorders for statements/stories. Ms. Siegesmund suggested they provide the hot line number for statements to be recorded on voice mail. Ms. Rudelius-Palmer asked for business cards with the hot line number on them. Ms. Edsall suggested they provide a handout of frequently asked questions. Ms. Rudelius-Palmer noted they should also inquire if people had already taken the survey. The following would reflect changes to the Implementation Plan: B. Provide hot line number instead of recording statements. C. No candy. Ms. McDonell noted that the Commissioners could buy candy if they wanted and submit receipts for reimbursement. D. Case where they don’t get survey immediately (I’m not sure what the discussion was from my notes??) E. Changed to survey everyone. They should record refusals to compare the number asked to the number refused. F. They should use the location name on the survey. Ms. McDonell would try to have the surveys printed in batches. The Commissioners would be provided a block of numbers. Ms. Maddali suggested using different colors for the surveys. Ms. Rudelius-Palmer suggested they use blocks of 100 and label them with the number and location. Ms. McDonell indicated that they would be billed for the survey by Bill ? (consultant) and that it was higher due to the number of drafts. Ms. Rudelius-Palmer suggested they didn’t need to do the sample test. Ms. McDonell suggested that each Commissioner ask three people to do the survey to find any problems. She would then have it finalized. B. INS Update – No update C. Event Schedule & Plans, May 16 children First Ice Cream Social & June 15, Fire Open House & June 18, Parktacular Parade Ms. McDonell indicated they were signed up for the Ice Cream Social and a budget was put together. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 4 4 Ms. Maddali indicated that she was unable to contact the person she met who was a clown that promoted diversity. Ms. Siegesmund suggested that the Commission just do the survey. Ms. McDonell stated that they needed to have things for the kids to be able to draw in the adults. She would handle the sign and tablecloths. The social is May 16th from 1:00-4:00. Ms. Edsall volunteered to order the prizes for the kids. Commissioners volunteering to work at the ice cream social: Armbrecht, Edsall, Gaffney, Maddali, Rudelius-Palmer and Siegesmund. Ms. Maddali asked about the demographics? Ms. McDonell indicated it was on the survey and they didn’t tally it. Ms. Rudelius-Palmer believed they needed to have a system. Ms. Siegesmund indicated the survey was to know what the protected populations were feeling. If the significant population was Caucasian, they needed to give the survey to every minority person. Ms. McDonell indicated that the Commission needed to approve the budget. She suggested $150. A motion was made and seconded to approve a budget of $150 for the Ice Cream Social. Approved. Ms. Rudelius-Palmer suggested a motion be made to cover the costs of the brochure, 150 Ways to Show Kids You Care ($7/20 brochures). Ms. McDonell noted that the Commission hadn’t spent much of their budget and could try distributing the brochures. The yearly budget for the Commission was $450. Ms. Rudelius-Palmer suggested that they spend $100 on the brochures. Ms. Siegesmund suggested that they could be selective about where they passed out the brochure. A motion was made and seconded to spend $100 to purchase the brochure, 150 Ways to Show Kids You Care. Approved. The Commission decided on the times they would volunteer for the Ice Cream Social. Ms. Siegesmund asked how they should do they survey? Mr. Armbrecht believed it should be done in a random fashion. Ms. Siegesmund believed everyone who wanted to fill it out, should. Ms. Siegesmund suggested everyone fill it out and then they could decide how to do the tally of the results. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 5 5 New Business A. Michael Roan – unable to attend B. Nancy Rellett-Royce, Children First Ms. Rellett-Royce distributed handouts with information about Children First. The Search Institute did research for 15 years looking at prevention and risk behaviors and thought that there were different ways to help children grow up healthy. They looked at 1200 studies and formed a list of 40 developmental assets. A percentage of 6-12 grade students from 300 communities took inventory and noted their experiences. She noted asset number 27, Equality and Social Justice, 52% said that was an asset. They looked at the list and asked if more or fewer assets mattered. On page 3 of the handout it showed the results. The lesser percentage experiencing thriving behaviors, it showed that the number of assets had an effect. Those with lower number of assets had the reverse effect and were more likely to have problematic behaviors. Those with the most assets reported very little engagement in risk behaviors. A presentation was done in Saint Louis Park with the school superintendent in March, 1992 and it was determined that the kids were at risk. Schools were not meeting the kids needs and they needed to do something. The superintendent began the At Risk Committee looking at models around the country including this information and that was when she became involved. Saint Louis Park went to the Search Institute and asked how they could make developmental assets available to young people. They didn’t know how to apply to a whole community. They tried to figure out how to make it possible to access developmental assets. This is not a program, it is a philosophy to be a caring place for a child. They put Children First – for all kids, not just those “at risk.” Kids fall into all ranges. It is a partnership with the business community, faith communities, schools, the City, neighborhoods and youth who are at the table to work with them. Children First is a nationally recognized model, they are also in South Africa and Australia. They are creating social change by making adults aware they can do something. They also partner with other projects such as the Park Nicollet Clinic at Central. They try to promote good things and that anybody can do these things. Doing work with the survey in Saint Louis Park and after five years of data, as seen on page one of the handout, the average number of assets was up from 19.4 to 20.1 across the entire group. In the 6th grade it jumped from 22.7 to 24.8. Other numbers went up a bit. The high school program was started in 1999 and they polled a sub group and found that there were some gains. They have done a program for a year where they worked on social skills and also saw increases. A small sample of kids went up by five assets, which affected other grades (up). Other risks such as truancy and the number of kids failing classes dropped. They tried to use common sense. Bob Ramsey interviewed partners and put together the Children First Story to say how communities played roles. They invited people to use assets they were passionate about and most useful. Some examples in the community of businesses becoming involved were a floral shop and the Lennox neighborhood who campaigned to raise awareness. They decided their own role. Ms. Maddali asked why parental involvement declined? Ms. Tellett-Royce replied that they looked at the numbers, but had no funding to do research. She believed that there was less time for involvement with the economy downturn and more parents working more of the time. School engagement wasn’t as high. One statistic noted that there was one TV for every man, woman and child, thus distractions made it hard to push children. Schools needed to work on parental education and the critical roles that they play. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 6 6 There are also some cultural differences. They find that most school related assets were higher for Asians and lower for other ethnic minorities. The information was broken down more on their web site (children-first.org). One study, Grading Grown Ups, describes mechanisms to change adults and they needed to partner to make changes happen. This survey asked two questions: Which things people need to have in their life? And, Which do you feel your friends are providing? This study reported the gap. It is broken down by race, Hispanics and African Americans had a smaller gap versus Caucasian participants. Ms. Edsall asked if they looked at socio economics? Ms. Tellett-Royce replied yes, that information was on the web site. Ms. Siegesmund noted that they surveyed many kids and the assets had changed. Ms. Tellett-Royce stated that young people feel supported, then they hit puberty and are individuated, then pull back by the 11th or 12th grade. They were trying to see if the number of assets were up by the 6th grade, the drop less dramatic, if it would rebound faster after that. Ms. Edsall stated that probably coincided with the time when kids believed parents were “less smart.” Ms. Tellett-Royce related a personal story about overhearing some parents state that they were glad to be done with the hard part when their kids were in 4th grade. The kinds of parenting changes, but the need didn’t go away. Mr. Armbrecht asked if there were other variables such as the economy? Ms. Tellett-Royce replied that this country values professionalism and was good at designing programs and hiring professionals to run them, but kids needed others to take care of them such as parents and neighbors, not to leave it to the professionals. Those factors made it harder to step forward and become involved. The 40 assets are just common sense, which wasn’t so common anymore. Adult/child contact was not as typical as in the past. Ms. Gaffney asked if that could be related to stranger anxiety? Ms. Siegesmund noted she spoke to a child who became afraid and ran into their house when she spoke to them. Ms. Tellett-Royce indicated that many things made if difficult for that relationship. Ms. McDonell asked what the next stage was? The commissions were similar with mission, but no programs. The Human Rights Commission had done some youth projects, but predominantly education of adults. What could the Commission do, other than be aware? The vision survey came to mind as a community vision. One question on the survey asks if they were aware of the Assets and 12% were aware. Maybe the survey could be improved to include another piece. Ms. Tellett-Royce stated that the focus at Children First is on the first two decades of life. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 7 7 Ms. McDonell indicated that next year would be the first comparison for the differences on the survey. Ms. Tellett-Royce found that survey helpful to share the percentages. How do they boost percentages? Young people talk about Mosaic activities with peers. They need to feel that their voice mattered. They could do presentations to young people and ask their input. This tells young people that they mattered in the community. Ms. Rudelius-Palmer asked if survey was done on race and gender? Ms. Tellett-Royce replied yes, that information was on the web site. Ms. Maddali asked if they would be willing to talk to PTO’s? Ms. Tellett-Royce replied yes, they usually also have a young person present as well. Ms. Rudelius-Palmer said that Saint Louis Park was doing a new Human Rights survey and asked if there was a way that Children First volunteers could help disseminate the survey? Ms. Tellett-Royce replied that they could do a presentation and asked for volunteers. Their next meeting was on May 26th and they would also be at the ice cream social. There was also a Mayors Youth Summit on April 29 where they talk about youth issues. Ms. McDonell noted that there was also a senior summit in June. Ms. Edsall indicated they could reach out to businesses. Education was part of this and parents didn’t know how to take care of kids at different ages. This was a great opportunity and the data was striking. She hadn’t heard of it and wondered what she could do. Ms. Gaffney asked if they had a budget to hand out information? Ms. Siegesmund stated that the handout titled, 150 Ways To Show Kids You Care was better information than the assets. Ms. Rudelius-Palmer indicated that could be handed out with the surveys. Ms. Tellett-Royce indicated the brochure was available for purchase. Ms. Maddali noted she had seen the information before in her children’s backpack flyers. Ms. Edsall stated she wouldn’t have access to that information without children. Ms. Tellett-Royce noted it was a challenge to find out how to reach different groups of people such as young adults without children. Ms. Rudelius-Palmer stated they could stamp contact information on the backs of the brochures. Ms. Tellett-Royce communicated that she could be reached by Email at nancytsearch-institute.org. St. Louis Park City Council Meeting 060704 - 4i - Human Rights Minutes of April 21, 2004 Page 8 8 C. Let’s Get Real Video – Not shown Set Agenda for Next Meeting No discussion Adjournment The meeting was adjourned at 9:06 p.m. Respectfully submitted, Amy L. Stegora-Peterson Recording Secretary St. Louis Park City Council Meeting 060704 - 4j - Planning Commission Minutes of 5-5-04 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 5, 2004 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Ken Gothberg, Claudia Johnston-Morrison, Dennis Morris, Carl Robertson (arrived 6:08 p.m.), Jerry Timian (arrived 6:10 p.m.) MEMBERS ABSENT: Michelle Bissonnette STAFF PRESENT: Planning Coordinator (Ms. Erickson), Administrative Secretary (Ms. Sells), former Planning and Zoning Supervisor (Ms. Jeremiah) 1. Call to Order Commissioner Morris called the meeting to order at 6:05 pm. 2. Approval of Minutes – None 3. Hearings: A. Case No. 04-20-CP—Request of TOLD Development Company for an amendment to the Comprehensive Plan to change the text and concept plan for Park Commons East (Excelsior and Grand) in the Redevelopment Chapter (Phase E, Park Commons East) Ms. Erickson presented a staff report. She explained that TOLD is proposing approximately 88 units of owner-occupied housing and approximately 13,000 sq. ft. of retail space. The decision to eliminate office space from this phase is market driven. Design changes are proposed to include an additional story (total of 5), access to the site from Park Commons Drive, and a surface parking lot along portions of Park Commons Drive and Monterey Drive. Ms. Erickson said that the proposed amendment relates to the concept plan adopted into the Redevelopment Chapter of the Comprehensive Plan. Design details will be considered later at public hearing(s) for preliminary and final PUD/ plat approvals. Commissioner Timian wondered if TOLD is considering underground parking and what the number of proposed spaces might be. Ms. Erickson said there would be two floors of underground parking that provide 110 spaces for 88 units. Ms. Erickson read from the proposed language on an overhead. St. Louis Park City Council Meeting 060704 - 4j - Planning Commission Minutes of 5-5-04 Page 2 Commissioner Morris talked about the concept and wondered what “the human” scale is by definition, or if it was architectural language. Chair Robertson considered it a gray area concept. Ms. Erickson talked about the Livable Communities chapter of the Comprehensive Plan, which includes a whole section on human scale, “Great buildings not only serve the private enterprise for which they are constructed, but also contribute to the character of a community and can find a place in the heart of people who live there. There are certain design characteristics which contribute to creating great building. Buildings must be sized in proportion to the width of the street. Low buildings do a poor job of defining streets, especially wide streets. If the road is too wide cars drive too fast. Commercial buildings should be at least two stories high, the maximum ratio of building height to width is 1:6. Buildings should have a human scale, taller buildings may be brought to human scale by creating intimate details on the first floor and setting back upper stories. Buildings should be required to be built to a fixed line. This would replace the set back for commercial buildings. Windows are required on all sides of the buildings, this improves the appearance of the building and allows for light from the building to light the street. Buildings require detail and adornment. Buildings should reflect local materials and climate. Buildings which respond to environmental conditions such as light and weather are more efficient and sustainable. Buildings should be built of lasting and quality materials. Building, siding, application and window proportions, porch dimensions, doors, roof pitches should meet material and design requirements.” Commissioner Gothberg discussed the 5 story residential vs 4 story office as an increase of 6 feet, and Ms. Erickson concurred. Ceiling heights in the office building were proposed to be 14’, the residential ceilings are proposed to be 10’. Chair Robertson wanted to compare the 13,000 square foot ground floor retail to 50% ground floor retail, wondering about comparable square footage. Ms Erickson said in order to meet the mixed-use definition, there has to be a 50% retail stipulation. In this scenario TOLD proposed 100% of the building as retail, so it exceeds the 50% in that regard. Commissioner Carper said the text amendment concerned him as it could affect more than one building. Ms. Erickson responded that it would only affect one other building because the text only covers a prescribed area of Park Commons East. She suggested that text could be limited to describe Phase E only if Commissioners were more comfortable with that description. Bob Cunningham, TOLD Development Company, apologized for phasing labels not being clear. He said the primary goal is to respond to the market in a fashion consistent with the goals of project. This includes being a compact, dense, pedestrian-friendly, mixed-use development in a manner financially feasible. He said TOLD is seeking to address a different market with Phase E, and is looking at naming it “Lofts of Excelsior and Grand.” He said units will be smaller with more moderately pricing than Phase NE. Five stories bring economy of scale, and spreads St. Louis Park City Council Meeting 060704 - 4j - Planning Commission Minutes of 5-5-04 Page 3 costs over additional units. Mr. Cunningham mentioned that changes in the building code also affected TOLD’s decision to propose a 5 story building. Mr. Cunningham stated that parking issues will be addressed with Walker Parking Consultants. Dennis Sutliffe, project architect with ESG Architects, reviewed the proposed design. Commissioner Carper commented that the proposal has a flat roof line and he wondered about varying the roof line. Mr. Sutliffe answered that the decision on the roof line was made perceptually. He explained that the “eyebrows” of the building go in and out, which can be significantly more dramatic than a varied roof line. The line of the building goes in and out, effectively breaking up the roof line as seen from below. The “Lofts of Excelsior and Grand” as proposed are a contemporary interpretation of buildings that might be found in the warehouse district of Minneapolis. The style of the condos will be less traditional with taller ceilings and more openness. The building façade will be more in keeping with the simpler, more regular patterns of that kind of design. Chair Robertson commented that during earlier phases he was one of the people who wanted to mix up the façade for visual interest. He commented that to do a slightly taller building is adding to that feel of something different, which he likes. Commissioner Carper wondered about shading and the building to the south. Mr. Cunningham discussed shadow studies conducted at four different times throughout the year. Commissioner Johnston-Madison asked about the construction schedule. Mr. Cunningham said it is anticipated that construction would start in November 2004 and finish during the winter of 2005. Commissioner Johnston-Madison discussed parking on the east side of Monterey. For businesses on Excelsior and Monterey parking has dwindled and will be eliminated once the project starts. She wanted to know how serious plans were for parking on the east side of Monterey. Ms. Erickson said that staff and TOLD are meeting with the parking consultant on May 7. Parking is available in the parking ramps and discussions will be held on strategies to encourage ramp parking. Ms. Erickson said that parking issues will be addressed by the City and TOLD Development. Commissioner Timian asked about the difficulty of developing a parking lot on the east side of Monterey Drive due to the grade. Ms. Erickson replied that the site has grading challenges and would require fill. Chair Robertson opened the public hearing. St. Louis Park City Council Meeting 060704 - 4j - Planning Commission Minutes of 5-5-04 Page 4 Andrew Mowatt, Westmoreland Condominiums, 4530 Park Commons Drive, thanked TOLD for responsiveness to the neighborhood. He is concerned about the density of project and traffic. He commented that visitors are parking in the street and blocking off apartment entrances. He asked if the entrance to Park Commons Dr. could be move to Meridian. He said the Westmoreland complex will be boxed in by the new phase. He said he is concerned about people crossing Monterey on foot. Cathy Gier, 4530 Park Commons Drive, said there have already been issues regarding the entrance to the parking lot at Westmoreland during construction. She is concerned with headlights and the volume of traffic coming towards Westmoreland units at the corner of the building. She said the complex has lost around 20 parking spots. She said that Excelsior and Grand valet parking is shuffling patrons over to the undeveloped lot currently. Linda Ott, business owner at 4430 Excelsior Blvd, Salon One,.said that parking has gone from bad to non-existent since October. Business owners are very nervous about the situation. Commissioner Timian questioned the valet parking, noting it has been backing up traffic on Grand Way, out to Excelsior Blvd. The traffic prohibits making a left or right into Grand Way. Mr. Cunningham said it is being addressed. Valets have been reinstructed about storage of cars and where to park. He apologized to residents and business owners. He said that TOLD is asking Public Works to look at a left turn from east Excelsior to north Grand Way, which is stacking cars up. TOLD wants to have traffic signal timing changed. Deb LaBonne, 3809 Lynn, said all the single family homes will be looking at the 5 story building. She mentioned concerns of height and the privacy of the single family homes. Chair Robertson closed the public hearing. Commissioner Carper discussed the exit on Park Commons Drive, and wondered if it could go out on Monterey Drive. Ms. Erickson discussed the traffic study. She said that Monterey at peak PM hour has about 400 vehicles per hour going in one direction, making it an impossible alternative. Commissioner Morris said he was unresolved regarding 4 or 5 stories and having large blocking at the corner end of the development. But as a comp plan amendment was under consideration at this time, and not a PUD, he was willing to support the recommendations in order to get to the next phase of looking at detailed development plans. Commissioner Morris moved to approve the staff recommendations for Comprehensive Plan text and concept plan amendments to Chapter P-Redevelopment. The motion passed 6-0. Mr. Cunningham said that TOLD will continue to work with residents of Westmoreland to be a good neighbor. He said TOLD will explore landscaping and parking solutions. St. Louis Park City Council Meeting 060704 - 4j - Planning Commission Minutes of 5-5-04 Page 5 4. Unfinished Business 5. New Business A. Resolution No. 70 – Resolution of Appreciation for Janet Jeremiah Chair Robertson read the resolution which recognized former Planning and Zoning Supervisor, Janet Jeremiah, for nine years of dedicated service toward planning the future of St. Louis Park. Commissioner Morris moved unanimous approval of the resolution. 6. Communications A. Recent City Council Action – May 3, 2004 B. Board of Zoning Appeals – Dec. 2, 2003 7. Miscellaneous 8. Adjournment Chair Robertson adjourned the meeting at 7:40 p.m. Minutes prepared by: Minutes submitted by: Karen Teagarden Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Meeting 060704 - 4k - Sams Club Quit Claim Deed Page 1 4k. Motion authorizing Mayor and City Manager to execute a quit claim deed related to the Sam’s Club Project. Background: The City Attorney has requested that the City Council authorize the Mayor and City Manager to execute a Quite Claim Deed for a small parcel of property located on the Cardinal Glass site (see location map). In the mid 1980’s the City sold this property, which is currently part of the Cardinal Glass property at 7115 Lake Street. In the context of the recent transaction between Sam’s Club (Wal Mart) and the sale of the Cardinal Glass property, the title company discovered that there was an error in the legal description of the quit claim deed the City gave them in the mid- 80’s. The attached quit claim deed corrects that error. The City Attorney has reviewed the circumstances surrounding this transaction and has determined the new quit claim deed should be filed. The attached documentation has been reviewed and approved by the City Attorney Recommendation: Staff recommends authorization to execute the attached quit claim deed. Attachment: Quit Claim Deed Location Map (supplement) Prepared by: Julie Grove, Associate Planner Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 060704 - 4k - Sams Club Quit Claim Deed Page 2 ______________________________________________________________________________ QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.70 Dated: ___________________, 2004. FOR VALUABLE CONSIDERATION, CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to RICHATTI INVESTMENT CORPORATION, a Montana corporation and the successor by way of merger to THE ALMOR COMPANY, a Minnesota corporation, Grantee, real property in Hennepin County, Minnesota, described as follows: All that part of Lots 8 and 9 lying Northeasterly of a line running parallel to and distant 20 feet Southwesterly of the following described line: From a point on the center line of the main belt line track of the Minneapolis and St. Louis and the Chicago, Milwaukee, St. Paul and Pacific Railroad, distant 25 feet Southerly measured at right angles from the South line of Lake Street in St. Louis Park, run Southeasterly along said center line of the main belt line track for a distance of 391.5 feet to the point of beginning of line to be described; thence run Northwesterly on a 10 degree 00 minute curve, said curve being tangent to said center line of the main belt line track at said point of beginning, for a distance of 200 feet and there terminating in Block 162 in “Rearrangement of St. Louis Park”. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to a spur track easement as shown in deed Doc. Nos. 1162952 and 1162953, Files of Registrar of Titles. St. Louis Park City Council Meeting 060704 - 4k - Sams Club Quit Claim Deed Page 3 THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. The consideration for this transfer was less than $500.00. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ________, 2004, by Jeffrey W. Jacobs and Thomas K. 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 Tax Statements for the real property described in this instrument should be sent to: Richatti Investment Corporation 920 Spokane Avenue Whitefish, MT 59937 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 TMS/cjh 8__. City Buildings Fiber Optic Network Project This report considers the construction of new fiber optic network to connect all City buildings with cabling capable of high-speed transmission of data, voice, video, and radio signals. This inter-jurisdictional network both augments and completes a fiber optic network constructed by School District No. 283 in the late 1990’s. Recommended Action: Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction and installation of a high-speed fiber optic network to connect certain City buildings. Background: Construction of a fiber optic network to connect buildings at which City business is conducted has been part of the City’s Capital Improvement Program and Technology Replacement Fund in past years. This project includes replacement of current data communications services procured from Qwest Communications and Time Warner Cable. The project also incorporates the capability to replace many services provided by these vendors for voice, video, and radio communications. More detailed information on this project was discussed with Council at its May 24, 2004 study session (see attached report). Potential Network Expansion: While staff recommends Council approval of the proposed project, at its May 24 meeting, Council also expressed a desire to consider potential additional aspects of wired and wireless networks. Specifically, Council requested that staff investigate potential economic development partnering opportunities, and potential provision of wireless Internet connectivity to residents that could be facilitated or provided by the City. Staff is currently following up on these requests. Analysis: The existing School District No. 283 fiber optic network will be expanded and used to connect approximately 13 City-used buildings. Here are some project highlights: § Final buildings to be connected through the project will be determined based on on- going decisions on future use (e.g., Elliot Community Center) § The project completes plans contemplated in the mid-1990’s to construct a shared fiber optic network instead of separate City and School District networks. This avoids redundant costs, neighborhood disruption, and enhances community appearance with lack of multiple cable plants. § The City network would use existing conduit and fiber capacity where it exists, and expand it to other City sites where needed. § In addition to the City and School District sharing this fiber optic network, part of the capacity will also be used to connect the City to LOGIS and to approximately 30 other units of government. § Connection to LOGIS and the other units of government allows all participating governments to more effectively and efficiently share information (across public safety agencies), costs, risks, and maintenance. § The overall City construction cost is estimated to be approximately $300,000. § Current fees paid to Qwest and Time Warner Cable, just for data communications, approximates $30,000 per year. Additional avoidable costs for radio and voice communications approximate $20,000 per year. § The return on investment should be realized in 6 – 10 years, particularly accounting for increased employee productivity resulting from using a high-speed network. § Future potential network uses include replacement of wireless carrier fees for mobile computing and parking lot surveillance for public safety purposes. Financial Considerations: All of the fiber optic segments are anticipated to be financed using the Technology Replacement Fund (TRF). While there is currently no on-going source of funds for the TRF, a transfer of monies from the Cable TV Fund (franchise fees) will pay for this project. The estimated cost, based upon the proposed plans, is $300,000. Project Timeline: Should the City Council approve this report, it is anticipated that the following schedule could be met: Plan approval & authorization to advertise for bids June 7, 2004 Advertise for bids June/July 2004 Bid Tab Report to City Council July/August 2004 Construction August 2004 - December 2005 Recommendation: It is recommended that the City Council adopt the attached resolution which approves plans and specifications and authorizes advertisement for bids for construction of a City buildings fiber optic network. Attachment: Resolution-authorizing solicitation of bids Prepared by: Clint Pires, Director of Technology and Support Services Approved by: RESOLUTION NO. _____ RESOLUTION APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR CITY BUILDINGS FIBER OPTIC NETWORK WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of Technology and Support Services related to the construction of a fiber optic network to connect certain City buildings for the purpose of high-speed communications in conjunction with the 2004 – 2008 Capital Improvement Program. 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 Director of Technology and Support Services, are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in other commonly accepted publications utilized by fiber optic installation industry 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 Director of Technology and Support Services who shall report his tabulation and recommendation to the City Council at the earliest practicable subsequent regular City Council meeting. Attest: Adopted by the City Council June 7, 2004 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Meeting 060704 - 4m - Elmwood Village TIF Public Hearing Page 1 4m. Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Elmwood Village Tax Increment Financing District within Redevelopment Project No. 1 (A Renewal & Renovation District). Background: At the March 22, 2004 Council meeting, Rottlund Homes (the developer) received approval of its Alternative 1 preliminary PUD and plat subject to conditions. Under Alternative 1, the developer would purchase the entire 9.57-acre Quadion Corp site which includes property on both sides of Wooddale Avenue and two houses along the north side of Oxford Street. Rottlund would separately purchase the remaining two houses along the north side of Oxford Street, remove all four houses and, in their place, construct 18 additional townhomes. All together, the developer would construct 78 townhomes, 66 loft condominiums, and 80 senior condominiums on the site west of Wooddale. The four story office building at 5957 37th Street would remain and be resold by the developer to another party. The EDA/Council reviewed the preliminary TIF application from Rottlund Homes for its proposed housing project at the May 24, 2004 study session where it was favorably received. In its revised application, the developer requested $720,420 tax incremental financing to facilitate the proposed project. Staff and the EDA’s financial consultant, Ehlers and Associates, reviewed the developer’s revised proforma and determined that the requested amount of assistance was warranted. The proposed project generates the requested TIF amount in less than 4 years (on a net present value, pay-as-you-go basis using a 5.75% interest rate and no inflation). Currently, the former Quadion property west of Wooddale Avenue and the four homes along Oxford Street have a total market value of $3,670,300. The projected market value of the property upon redevelopment will be approximately $52,420,000. The property taxes payable in 2004 on these same 7.44 acres is $99,209. Upon redevelopment, the site will generate an estimated $746,849 in property taxes. Calling for the public hearing will allow the EDA/Council to take the appropriate steps to establish a new Renewal and Renovation TIF District for this project. The TIF hearing is scheduled to be held on August 2, 2004. In addition, staff is requesting that it be authorized to proceed in negotiating a formal redevelopment agreement with the developer for the proposed project. Attachments: Resolution TIF Schedule Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 060704 - 4m - Elmwood Village TIF Public Hearing Page 2 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. __________ RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, THE PROPOSED ESTABLISHMENT OF THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 2, 2004, at approximately 7:30 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification"), the proposed establishment of the Elmwood Village Tax Increment Financing District (a renewal and renovation district), and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefore (the Redevelopment Plan Modification, and TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing jurisdictions including Hennepin County and St. Louis Park School District No. 283. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 2, 2004, and to place a copy of the Plans on file in the Economic Development Coordinator's office at City Hall and to make such copy available for inspection by the public. Reviewed for Administration Adopted by the City Council June 7, 2004: _________________________________ _________________________________ City Manager Jeff Jacobs, Mayor ATTEST: _______________________________ Cynthia Reichert, City Clerk St. Louis Park City Council Meeting 060704 - 4m - Elmwood Village TIF Public Hearing Page 3 SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT (a renovation and renewal district) Draft as of June 2, 2004 June 7, 2004 EDA requests that the City Council call for a public hearing. June 7, 2004 City Council calls for a public hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Talmud Torah Housing Tax Increment Financing District. June 9, 2004 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. June 9, 2004 Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in the TIF District. June 18, 2004* Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers & Associates to fax & mail on June 18, 2004] June 22, 2004 Letter received by County Commissioner giving notice of potential housing tax increment financing district (at least 30 days prior to publication of public hearing notice). [Ehlers & Associates to fax & mail on June 21, 2004] July 2, 2004 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers & Associates to fax & mail on July 1, 2004] July 14, 2004 Ehlers & Associates conducts internal review of the Plans. St. Louis Park City Council Meeting 060704 - 4m - Elmwood Village TIF Public Hearing Page 4 July 21, 2004 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. SCHEDULE OF EVENTS – PAGE 2 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT (a renovation and renewal district) July 22, 2004 Date of publication of hearing notice and map for tax increment financing district (at least 10 days but not more than 30 days prior to hearing). [Sun Sailor publication deadline July 15, 2004 - City to submit notice & map – (Ehlers & Associates to provide language to City for notice by July 9th)] August 2, 2004 EDA adopts a resolution approving a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Talmud Torah Tax Increment Financing District. August 2, 2004 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Elmwood VillageTax Increment Financing District and passes resolution approving the Plans. [Ehlers & Associates will mail final Council packet information to the City by July 21, 2004] _______________, 2004 Ehlers & Associates files Plans with the MN Department of Revenue and requests certification of the TIF District from Hennepin County. *If City staff believes that the proposed tax increment financing district will not require unplanned county road improvements, the TIF Plan will not need to be forwarded to the County Board 45 days prior to the public hearing. The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 1 6a. Public Hearing and Assessment Hearing: Alley Paving – 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue This report considers paving the alley in the 7600 and 7700 blocks of Edgebrook Drive Recommended Action: Mayor to open and close Public Hearing: • Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 7600 and 7700 blocks of Edgebrook Drive, Project No. 03-15, approving plans and specifications and authorizing receipt of bids. Mayor to open and close Assessment Hearing: • Motion to adopt the attached resolution establishing the assessment for Project No. 03-15. Background: At its April 19, 2004 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley in the 7600 and 7700 blocks of Edgebrook Drive, and scheduled a Public Hearing/Assessment Hearing for June 7, 2004. The City’s assessment policy (Res. #00-078) for funding alley improvements requires abutting property own ers to pay 100 % of the improvement costs. A petition for this work, signed by 78% of the benefited property owners, has been submitted to the City. A neighborhood meeting attended by 4 property owners was held March 24, 2004. Staff reviewed the proposed construction, assessment costs and construction schedule. The property owners who attended the meeting favored the construction project and assessments. The purpose of holding the assessment hearing prior to implementation of the project is to allow the City to consider any objections to the assessment or the project before it is built. General background information on the alley project is summarized below: Location: 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue Proposed Project: Paving existing gravel alley with concrete Assessment Data: 100% of the cost for the concrete alley paving is proposed to be assessed to the abutting property owners. The costs will be apportioned in accordance with the City’s special assessment policy with direct and indirect benefits. Since a City Park abuts one entire side of the alley and one of the parcels on the other side of the alley is owned by the City, the City’s funding obligation will be $23,535, or about 61% of the total project cost. St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 2 Estimated Cost: Estimated cost: $38,608 Total Assessment: $15,073 Number of parcels: 11 Assessment Period: 20 years Interest rate: 6.60% GO Bonds are proposed to be used to fund this project. Notification: Abutting property owners have received written notice of the public hearing and assessment hearing. Alley Improvement Project Timetable: • Public Hearing & Assessment Hearing June 7, 2004 • Advertise for bids June • End of 30 Day Appeal on Assessments July 7, 2004 • Bid Opening July 8, 2004 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals July 19, 2004 • Construction August - September Total construction time should be 3-4 weeks. Recommendation: Staff recommends proceeding with this project as outlined above and in the earlier City Engineer’s Report dated April 19, 2004. Attachments: Resolution (Order Project & Authorize Advertisement for Bids) Resolution (Adopt Assessment Improvement) Assessment Spread Sheet Map City Engineer’s Report 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 060704 - 6a - Edgebrook Alley Public Hearing Page 3 RESOLUTION NO. _______ RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE 7600 AND 7700 BLOCKS OF EDGEBROOK DRIVE, PROJECT NO. 03-15, AND APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, pursuant to a resolution passed by the City Council of the City of St. Louis Park on the 19th day of April, 2004, the City Engineer has prepared plans and specifications for the construction of a concrete alley in the 7600 and 7700 blocks of Edgebrook Drive and has presented such plans and specification to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. Such improvement is necessary, cost effective, and feasible as detailed in the City Engineer’s Report. 2. The proposed project is hereby established and ordered. 3. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week 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 of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 5. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the July 19, 2004 regular City Council meeting. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 4 RESOLUTION NO. _______ RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 03-15, ALLEY PAVING IN THE 7600 AND 7700 BLOCKS OF EDGEBROOK DRIVE BETWEEN PENNSYLVANIA AVENUE AND RHODE ISLAND AVENUE. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on May 24, 2004 and published in the official City newspaper, the St. Louis Park Sailor, on May 20, 2004 and May 27, 2004 as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 2004, and payable in the year 2005 , and shall bear interest at the rate of 6.60 percent per annum. To the first installment shall be added interest on the entire assessment from November 1, 2004, until December 31, 2004, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all unpaid installments. No interest will be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The location of the construction improvement over which installments are to be extended for a period of 20 years is as follows: Improvement # Type of Improvement Location 03-15 Alley Paving 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue 5. The Assessor’s Office shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Reviewed for Administration: Adopted by the City Council June 7, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 5 ESTIMATED COST:$38,608.08 70% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) Direct Benefit cost: 425 feet at $31.79 per lineal foot Indirect Benefit cost: 681 feet at $8.50 per lineal foot. total $19,304.00 direct $13,512.80 indirect $5,791.20 ********* Indirect ******************** Direct **********Total Indirect Direct Direct & Address Ind feet % Indirect Allocation Dir feet % Direct Allocation Indirect 7601 Edgebrook Dr.56 8.22 $476 0 0.00 $0 $476 20-117-21-21-0083 7605 Edgebrook Dr.50 7.34 $425 50 11.76 $1,590 $2,015 20-117-21-21-0084 7609 Edgebrook Dr.45 6.61 $383 45 10.59 $1,431 $1,813 20-117-21-21-0085 7613 Edgebrook Dr.50 7.34 $425 50 11.76 $1,590 $2,015 20-117-21-21-0086 7701 Edgebrook - CITY 105 15.42 $893 105 24.71 $3,338 $4,231 20-117-21-21-0087 7705 Edgebrook Dr.75 11.01 $638 75 17.65 $2,385 $3,022 20-117-21-21-0088 7709 Edgebrook Dr.50 7.34 $425 50 11.76 $1,590 $2,015 20-117-21-22-0125 7713 Edgebrook Dr.50 7.34 $425 50 11.76 $1,590 $2,015 20-117-21-22-0126 7717 Edgebrook Dr.50 7.34 $425 0 0.00 $0 $425 20-117-21-22-0127 7721 Edgebrook Dr.50 7.34 $425 0 0.00 $0 $425 20-117-21-22-0128 7725 Edgebrook Dr.50 7.34 $425 0 0.00 $0 $425 20-117-21-22-0129 7729 Edgebrook Dr.50 7.34 $425 0 0.00 $0 $425 20-117-21-22-0130 Edgebrooke Park - CITY $19,304 Total 681 100.00 $5,791 425 100.00 $13,513 $38,608 St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 6 St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 7 ****REPORT FROM MEETING OF APRIL 19, 2004**** Background: On October 11, 2002, the residents in the 7600 & 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue submitted a petition to the City requesting that the alley adjacent to their properties be paved in accordance with the City’s standard for alleys. The petition was signed by enough property owners (78%) to advance the project. The City’s policy states that at least 51% of the properties must sign the initial petition. The north side of the alley abuts the homes on Edgebrook Drive while the south side runs adjacent to Edgebrook Park. One of the parcels located at 7701 is owned by the city. As with similar projects in the past where the alley abuts City property or a railroad, the city pays for the costs associated with that amount of land. In this case, this makes the city responsible for approximately 60% of the entire cost of the alley. Due to the high cost to the city, the project was delayed so that it could be included in the 2004 - 2008 Capital Improvement Program (CIP). The CIP calls for the alley to be built in 2004 and financed with General Obligation Bond proceeds. The CIP was approved by the City Council late in 2003, therefore staff is moving forward with the project. City Alley Paving Special Assessment Policy: The City’s Alley Paving Special Assessment Policy is as follows: A. The cost of alley improvements for residential properties shall be assessed when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. Analysis: The City’s standard design for alley paving specifies a six (6)-inch thick concrete pavement, 10 feet in width, with driveway apron connections between the paved alley and 8c. City Engineer’s Report: Alley Paving – 7600 & 7700 blocks of Edgebrook Drive between Pennsylvania and Rhode Island Avenues Recommended Action: Motion to adopt the attached resolution that accepts the report, establishes the Improvement Project, and sets a Public Hearing and Assessment Hearing date of June 7, 2004 – Project No. 03- 15 St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 8 abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility of the property owner. In accordance with City practice, the driveway connections will match existing materials and grades. Pavement grades will be established to provide positive drainage without requiring additional storm sewer construction, whenever possible. Public Involvement Process: Staff held an informational meeting on March 24, 2004 to inform residents of the assessment process and to review the preliminary plans. The meeting was held in conjunction with a South Oak Hill Neighborhood meeting, sponsored by the Parks and Recreation Department, to select new playground features for Edgebrook Park. The meeting attracted 16 residents, 4 of whom are in the assessment area. Staff provided an overview of the project and answered the resident’s questions. The only issue discovered was that residents in the blocks of 7400 and 7500 Edgebrook Drive are now considering a petition of their own to have their alley paved as well. Staff will be providing them with a petition form and estimate of cost to pave the alley in those two blocks of Edgebrook Drive. After the meeting date, staff mailed a follow-up letter to the residents of the 7600/7700 Edgebrook Drive. The letter included a review of the information provided at the neighborhood meeting along with an estimated assessment for each for the abutting parcels. The letter also offered those residents unable to attend the meeting an opportunity to contact staff with any question or even arrange a meeting to view the plans at City Hall. Once a contract has been awarded and a contractor identified, staff will schedule another meeting with the affected property owners to discuss the construction schedule. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. The Policy also provides for the assessments to be levied as direct and indirect benefits based upon abutting frontage. To assist the petition sponsor, City staff provides the petition forms and a rough estimate of the alley construction cost before the sponsor begins to gather signatures. Based on the preliminary plans prepared by staff, the estimated cost is approximately $38,600. An estimate of the assessment amount for each property is attached. A summary of the estimated costs and revenue sources is as follows: Estimated Costs: Construction Costs $ 34,472 Engineering & Administrative (12%) $ 4,136 TOTAL $ 38,608 Revenue Sources: Special Assessments $ 15,184 City General Obligation Bonds $ 23,424 TOTAL $ 38,608 Alley Improvement Project Timetable: St. Louis Park City Council Meeting 060704 - 6a - Edgebrook Alley Public Hearing Page 9 Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • Informational meeting with residents March 24, 2004 • City Engineer’s Report to City Council April 19, 2004 • City Council holds Public Hearing & Assessment Hearing June 7, 2004 • Advertise for bids June • End of 30 Day Appeal on Assessments July 7, 2004 • Bid Opening July 8, 2004 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals July 19, 2004 • Construction August, 2004 Feasibility: The project, as proposed herein, is cost-effective and feasible under the conditions noted and at the costs estimated. St. Louis Park City Council Meeting 060704 - 8a - Biltmore Addition Plat Page 1 8a. Request by Charles Stinson for preliminary and final plat approval for Biltmore Addition with a petition to vacate a utility easement. Case Nos 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended Action: Motion to direct staff to prepare a resolution and related findings of fact for either approval or denial of the applicant’s request for consideration at the June 21st City Council meeting. Background: On April 7, 2004, the Planning Commission held a public hearing on this item and voted 6 -0 to recommend approval. On May 3, 2004, the City Council held a public hearing on the easement vacation, considered the proposed plat and continued it to a study session on May 10, 2004 for further discussion. Traffic accident information in the vicinity of the proposed plat was presented at the study session. The City Engineer responded to questions regarding traffic safety in the area. The City Attorney also discussed the issue that the proposed plat is not in compliance with the Subdivision Ordinance requirement that side lot lines be at approximate right angles to street lines. Subsequent to the Study Session, staff gathered additional information on the accident history along 26th Street near the intersection of France Ave. and 26th Street (See attached accident reports dating back to 1995). The accident reports show that there have been infrequent accidents at this intersection. Two reported accidents have occurred at the intersection of 26th St and France Avenue, both in 2003. One was a stolen auto which was left in the wetland on the east side of France Ave. and the other a minor personal injury accident. In 1996 there was also a personal injury accident at the corner of 26th and Joppa Ave On May 20th 2004, a revised plan showing a “zig-zag” side lot line and a justification letter was submitted by the applicant and their attorney (see attached). Upon reviewing the revised plan staff does not see a difference between the revised “zig-zag” plan and the proposed plat with regards to the side property line requirements. Neither design’s side lot line intersects the street lot line at approximately right angles. On June 2, 2004, a neighborhood meeting was held to discuss redevelopment of the subject property and receive neighborhood feedback. During the meeting representatives of the developer explained the history and process of how they have come to this point. Discussion revolved around the three alternative plans (see below), the right angle side lot line code requirement and concerns the neighbors have with the plans, which include traffic and density. The residents stated they prefer a two lot subdivision. Pending Subdivision Plan Alternatives: St. Louis Park City Council Meeting 060704 - 8a - Biltmore Addition Plat Page 2 The following are the alternative layout plans pending for the subject lot submitted by the applicant: A.) Proposed three lot plat with diagonal lot line from the corner of Huntington/26th Street and drainage and utility easement vacation, submitted March 2004. (see Attachment A, dated March 8, 2004) B.) Revised three lot plat with “zig-zag” shaped lot line from the corner of Huntington/26th Street, received May 2004 (see Attachment B, dated May 20, 2004). C.) Three lot plat (January, 2004 application on-hold) with two lots fronting on Huntington and one lot off of France, with rectangular lots lines, vacation of drainage and utility easement, and a variance application for a reduced corner lot width from 85 feet to 75 feet (see Attachment C, dated January 7, 2004). The Planning Commission held a public hearing on this item in January 21, 2004, and recommended denial because they could not identify findings to approve the variance. Staff Response: 1. As stated previously, neither the March 2004 subdivision plan nor the alternative plan submitted May 2004 meet the 90 degree side lot line intersection requirement. The zig- zag lot line is not “at approximate right angles to street lines or radial to a curved street.” The above subdivision code section refers to property lines and road right of way lines not curb location. The applicant’s plan and supporting materials refers to a lot line relationship to the curb at Huntington/26th Ave. The relationship of lot lines to right of way lines is the focus of Code Section 26-152 (b) (3) not the relationship of a side lot line to a curb. The location of the curb may vary within the right of way. 2. If the Council desires to approve a three lot layout, the original rectangular layout (C. above) with no lots or driveways fronting on 26th is the preferred plan from a lot orientation and driveway location aspect. All subdivision ordinance standards are met (including the side lot line right angle standard) except the requirement that a corner lot be 10 feet wider than interior lots. A variance is required from this subdivision ordinance requirement as one of the corner lots is 75 feet 3 inches wide instead of the require 85 feet. Options: 1. Approve the proposed three lot plat with diagonal lot line from the corner of Huntington/26th St and the vacation request. 2. Deny the proposed three lot plat with diagonal lot line from the corner of Huntington/26th St, and the proposed alternative with the “zig-zag” lot line, and deny the vacation request. St. Louis Park City Council Meeting 060704 - 8a - Biltmore Addition Plat Page 3 3. Approve the original three lot plat and vacation request with two lots fronting on Huntington and one lot off of France, with rectangular lots lines, grant a variance for a reduced corner lot width and deny the proposed three lot plat with diagonal lot line from the corner. ALTERNATIVE MOTIONS: 1. Motion to direct staff to prepare a resolution for the June 21, 2004 City Council meeting approving the preliminary and final plat for Biltmore Addition, submitted March 2004, subject to conditions as recommended by staff. Motion to direct staff to prepare ordinance approving the vacation of the utility easement at 2545 Huntington Avenue South. 2. Motion to direct staff to prepare a resolution for the June 21, 2004 City Council meeting denying the preliminary and final plat for Biltmore Addition, submitted March 2004, and the alternative submitted May 2004, based upon the findings set forth in the resolution. Motion to direct staff to prepare a resolution for the June 21, 2004 City Council meeting to deny the proposed ordinance vacating the utility easement at 2545 Huntington Ave S. 3. Motion to direct staff to prepare a resolution for the June 21, 2004 City Council meeting approving the preliminary and final plat and variance for Biltmore Addition as requested in the January 2004 application, subject to conditions as recommended by staff. Motion to direct staff to prepare ordinance approving the vacation of the utility easement at 2545 Huntington Avenue South. Motion to direct staff to prepare a resolution for the June 21, 2004 City Council meeting denying the preliminary and final plat for Biltmore Addition, submitted March 2004, based upon the findings set forth in the resolution. Attachments: 1. Accident Report History along 26th Street (supplement) 2. Letter and revised plan from applicant & their attorney (supplement) 3. Alternative Plan Layouts (supplement): Alternative A, dated March 8, 2004 Alternative B, dated May 20, 2004 Alternative C, dated January 7, 2004 Prepared by: Julie Grove, Associate Planner Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 060704 - 8b - W 36th St Water Improvements Page 1 8b. City Engineer’s Report: W. 36th Street Water Improvement Project – Main Replacement – Project No. 04-14 This report considers water system improvements along W. 36 Street from Webster Avenue to Brunswick Avenue. This improvement project replaces an existing 6 inch watermain with a 12 inch water main. These improvements are being funded primarily through a Hennepin County Housing, Community Works and Transit grant. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing and ordering Improvement Project No. 04-14, approving plans and specifications, and authorizing advertisement for bids. Background: A Hennepin County Housing, Community Works and Transit grant was made available in 2003, with funds available in early 2004 for infrastructure improvements related to transit-oriented development. The City made application and was awarded funds for a water main project that would upgrade the watermain on W. 36th Street between Brunswick and Webster Avenues from a 6 inch to a 12 inch main. A technical analysis was completed by Progressive Consulting Engineers, Inc. to determine the water service needs associated with the land use recommendations in the Elmwood Area Land Use, Transit & Transportation Study. The grant proposal was based upon the findings of that analysis. The City was awarded $304,671. Analysis: Engineering staff has prepared plans for the water improvements along W. 36th Street. The plans call for upgrading the existing 6 inch watermain to a 12 inch main. The larger watermain will provide increased capacity to serve multi-story buildings and the intensified land use identified in the Elmwood Area Study. Because of the watermain’s location underneath W. 36th Street, both eastbound lanes will be closed, removed, and reconstructed in the area of construction. To route motorists through the area, two-way traffic will be shifted to the two northerly lanes of W. 36th Street. In those areas where two way traffic cannot be maintained in the northerly two lanes because of inadequate width, westbound traffic will be detoured north to 35 1/2 Street and eastbound traffic will use the north lane of 36th Street. This will occur between Webster Avenue and Yosemite Avenue. It is expected that the work will progress one block at a time to minimize the disruption to area businesses. Other work includes installing new valves, replacing connections to hydrants along the south side of W. 36th Street and reconstructing the 2 east-bound lanes of W. 36th Street. Public Involvement: Staff mailed notices to all of the nearby property owners and business operators who may experience some disruption during the construction of this project. The notice invited them to meet with staff to discuss the plans for the project and to share any concerns they may have. This notice was also sent to the representative of the Elmwood Neighborhood Association To date, staff has met with three of the local businesses, Hoigaard’s, Pechiney Plastics and the Unpainted Place. St. Louis Park City Council Meeting 060704 - 8b - W 36th St Water Improvements Page 2 Hoigaard’s had concern about disruption of traffic to their location during their tent sale in September. Most of the work should be complete by the time the tent sale takes place. Pechiney Plastics, located at 3600 Alabama, had concerns about disruption to their daily shipping and receiving and concerns about dust entering their precision manufacturing facility. Engineering staff will be communicating frequently with them as work near their business occurs. Pechiney Plastics felt comfortable that they could accommodate their shipping as long as they had advance notice of the construction schedule. The Unpainted Place, located at 36th and Wooddale, is planning a sales promotion during the month of July and August. The store manager expressed concern that the construction project will deter traffic from coming to their business. With the store location on the northeast corner of the intersection, staff explained that their driveway entrance will not need to be closed because all of the work will be occurring in the southern two lanes. Westbound traffic will be maintained in front of their store. However, there will be a short period of time when the eastbound 36th Street traffic will have to be detoured. Staff explained that the detour will take place when work occurs in the block just east of the intersection of 36th and Wooddale. The detour is expected to be in place for about 2 days. The owner asked if special signage could be placed with the detour signing. Staff agreed that some accommodations could be made for the special signage. Staff will continue to meet with any property owner or business operator when requested. Staff also plans to meet with each property owner whose water service connects directly to the existing 6 inch watermain to be replaced. During the watermain replacement, temporary services will be provided to those properties to maintain their service. The City’s Utility Division staff will provide the temporary services via connections to nearby hydrants. There will be short periods when water service will be interrupted when switching from the existing to temporary service and again when switching from the temporary back to the new service. It is anticipated these interruptions will be less than an hour at any one time. Financial Considerations: The City entered into a cooperative agreement with Hennepin County in which the County agreed to contribute an amount not to exceed $304,671. The City agreed to complete the project by December 31, 2005. Additional funding sources for expenses in excess of the grant funds will come from TIF funds or the Development Fund. The Engineering staff had originally programmed this project into the 2005 CIP. After considering the revised schedule for the Excelsior Boulevard bridge project, staff thought it would be better to advance the water improvement project to minimize area traffic disruptions during the 2005 construction season. Project Costs Construction (includes 10% contingency) $ 349,264 Engineering $ 38,101 TOTAL $ 387,365 St. Louis Park City Council Meeting 060704 - 8b - W 36th St Water Improvements Page 3 Project Funding Hennepin County Grant Funds $ 304,671 Development/TIF Funds $ 82,694 TOTAL $ 387,365 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 June 7, 2004 • Advertise for bids June • Bid Opening July 8, 2004 • Bid Tab Report to City Council; Award contract July 19, 2004 • Construction August/September, 2004 Attachments: Resolution 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 060704 - 8b - W 36th St Water Improvements Page 4 RESOLUTION NO. __________ RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 04-14, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 04-14 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the water improvements on W. 36th Street for the installation of a new twelve inch watermain from Webster Avenue to Brunswick Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the water improvements on W. 36th Street from Webster Avenue to Brunswick Avenue within the city is hereby accepted. 2. The proposed project, designated as Project No. 04-14, is hereby established. 3. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 5. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council. Attest: Adopted by the City Council June 7, 2004 City Clerk Mayor Reviewed for Administration: City Manager