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HomeMy WebLinkAbout2004/06/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 21, 2004 7:30 p.m. 7:20 p.m. – Economic Development Authority Study Session to Immediately Follow 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of June 7, 2004 b. City Council Study Session Minutes of June 14, 2004 c. City Council Study Session Minutes of May 24, 2004 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 preliminary approval for the proposed issuance of refunding bonds for Park Boulevard Towers Project on behalf of Silvercrest Properties. Recommended Action: Mayor to open and close Public Hearing. Motion to approve preliminary resolution for the proposed issuance of refunding revenue bonds in the approximate amount of $14,585,000, under Minnesota Statutes, Chapter 462C, as amended. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Resolution approving changes to the Personnel Manual in sections relating to Fire Shift Supervisors: Fire Captain Recommended Action: Motion to adopt resolution approving sections relating to fire shift supervisors: fire captain in the Personnel Manual 8b. Construction of an Alley at 42 St. W and Ottawa Ave 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 July 19, 2004. 8c. Proposed Amendments to St. Louis Park Ordinance Code relating to Zoning to eliminate stand alone motor fuel stations as a conditional use in the General Industrial District, clarifying the temporary structure ordinance, clarifying restaurant conditions in the Office District, and requiring tree protection standards during construction activities. Case Nos. 04-22-ZA Recommended Action: Motion to approve 1st reading of the ordinance amending Sections 36-223 (Office District), 36-244 (General Industrial District), 36-82 (Temporary Structures) & 36-81 (Tree Preservation) as recommended by the Planning Commission, and set second reading for the July 6th City Council meeting. 8d. Request by Charles Stinson for preliminary and final plat approval for Biltmore Addition with a petition to vacate a utility easement. Case Nos 03-78-S, 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended Action: • Motion to adopt a resolution approving the preliminary and final plat and variance for Biltmore Addition as requested in the January 2004 application (03-78-S), subject to conditions as stated in the resolution. • Motion to approve First Reading of the proposed ordinance vacating the utility easement at 2545 Huntington Avenue South. • Motion to adopt a resolution denying the preliminary and final plat for Biltmore Addition, submitted March 2004 (04-12-S), based upon the findings set forth in the resolution. 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 21, 2004 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to adopt the attached resolution authorizing the execution of Agreement 86549R between the State of Minnesota, Department of Transportation and the City of St. Louis Park for the installation and revision of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue and to adopt the attached resolution authorizing the execution of Agreement 86550-R between the State of Minnesota, Department of Transportation and the City of St. Louis Park for maintenance of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue 4b Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Townsends, 6027 Cambridge Street, for use of City right-of-way for placement of a fence. 4c Motion to accept for filing the Planning Commission Minutes of May 19, 2004 4d Motion to accept for filing the Board of Zoning Appeals Minutes of April 22, 2004 4e Motion to accept for filing the Housing Authority Minutes of May 12, 2004 4f Motion to accept Vendor Claims (Supplement) 4g Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Condons, 2937 Boone Avenue South, for use of City right-of-way for placement of a retaining wall. AGENDA SUPPLEMENT CITY COUNCIL MEETING JUNE 21, 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 062104 - 3a - Council Minutes of 6-7-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 7, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:35pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, and Sally Velick. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Engineering Development Manager (Mr. Olson), Associate Planner (Ms. Grove), and Recording Secretary (Ms. Teagarden). 2. Presentations 2a. Retirement Recognition Mayor Jacobs presented proclamations and plaques recognizing the retirement of the following employees: Michael Higgins, 27 years of service in the Utilities Department. Officer Phil Soltvedt, 28 years of service in the Police Department. Officer Doug Pieper, 27 years of service in the Police Department. 2b. League of Women Voters Proclamation Mayor Jacobs presented a proclamation to the League of Women Voters in recognition of their 50th Anniversary. 3. Approval of Minutes 3a. City Council Minutes of May 3, 2004 Councilmember Sanger: Page 6: top of page Biltmore Addition: add Councilmember Sanger said she had a “near miss” accident on her bike last year at this intersection. Councilmember Sanger: Page 6: next paragraph, 2nd line insert: while the technical zoning requirements “may” have been met. The minutes were approved as corrected. 3b. City Council Minutes of May 17, 2004 St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 2 Councilmember Omodt: Page 9, Item 8c: Motion vote should read: The motion passed 6-1 (Councilmember Omodt opposed). The minutes were approved as corrected. 3c. Study Council Minutes of May 10, 2004 The minutes were 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. (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 adopt Ordinance No. 2273-04 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), approve 2nd reading of Ordinance, approve summary and authorization publication. 4b Motion to adopt Ordinance No. 2272-04 proposed Fee Ordinance Code modification adding additional garbage service levels over 180 gallons and to approve 2nd reading of Ordinance, approve summary and authorize publication. 4c Motion to adopt Resolution No. 04-070 authorizing the removal of permit parking restrictions in the former American Legion area. 4d Motion to approve Resolution No. 04-064 for Officer Phillip Soltvedt, Resolution No. 04-065 for Officer Douglas Pieper, Resolution No. 04-066 for Michael Higgins, Utilities Department Field Supervisor in recognition of their retirement and appreciation for their contributions. 4e Motion to approve Resolution No. 04-071 authorizing final payment to Knish Corporation for satisfactory completion of the construction of the 2002 sidewalk improvement project, as per Contract No. 129-02. 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. 4g Motion to approve Resolution No. 04-072 authorizing 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. 4h Motion to accept for filing the Planning Commission Minutes of April 21, 2004 4i Motion to accept for filing the Human Rights Commission Minutes of April 21, 2004 4j Motion to accept for filing the Planning Commission Minutes of May 5, 2004 St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 3 4k Motion authorizing Mayor and City Manager to execute a quit claim deed related to the Sam’s Club Project. 4l Motion to approve Resolution No. 04-073 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. 4m Motion to approve Resolution No. 04-074 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). 4n Motion to accept for filing the Vendor Claims (Supplement) It was moved by Councilmember Omodt, second by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 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. Resolution No.s 04-067 and 04-068 The staff report was given by Mr. Olson. He stated the City received a petition from the owners, with 78% in favor of paving their alley. Property owners received notification of meeting and costs. Pending approval, the project will be advertised in June, bids open in July, and construction in August and September. Mayor Jacobs opened the Public Hearing. As no one came forward, the Mayor closed the public hearing subject to the right of Council to reopen it. Councilmember Santa questioned how long residents would be prohibited from using the alley. Mr. Olson responded the curing period for concrete was 7 days. Councilmember Santa sought clarification of the interest charged over 20 years, and if residents could prepay. Mr. Olson responded certification of the assessment is made on November 30, 2004. Once a project is completed the costs are certified, and the exact cost of assessment to each parcel is known. The owners can chose to pay the amount prior to November 30, 2004 to be free of the interest payments. Councilmember Santa sought clarification of assessment if the property is sold prior to pay-off. Mr. Olson said the assessment goes with the property. It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to adopt Resolution No. 04-067 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. The motion passed 7-0. St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 4 Mayor Jacobs opened the assessment hearing. As no one came forward, the Mayor closed the hearing subject to the right of the Council to reopen it. It was moved by Councilmember Santa, seconded by Councilmember Basill to approve Resolution No. 04-068 adopting the assessment improvement in the 7600 and 7700 blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue, Project No. 03-15. The motion passed 7-0. 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. Case Nos 04-12-S & 04-13-VAC, 2545 Huntington Ave S Ms. Grove presented the Staff report. She stated a justification letter and revised plan was received from the applicant. Ms. Grove said each of the properties highlighted in the letter from the applicant’s attorney were platted before 1971, which is when the subdivision ordinance adopted the side lot line requirement. Ms. Grove distributed a list of this information to the Council and developer. She stated the developer held a neighborhood meeting with the residents and the discussion included background history, progression of their ideas, the three alternative layout plans, and the neighborhood concerns. She described the three alternative layout plans submitted by the applicant and the three options for approval. Mr. Locke indicated there were three different alternatives for council evaluation and council action. The two items to be specifically addressed for action and resolution are the current plat proposed in March with the angled lot, and the request for a vacation of a utility easement. The third item is the original three rectangular parcels proposed in the plat in January. If the third alternative item is preferred, action is needed to deny the current March angled lot plat, to approve the easement vacation, and to direct staff to bring a resolution of approval as well as findings of fact for the original January rectangular lot plat. In case of a variance request, any conditions Council would want to add should be included in the motion. Serge Rudaz, 2600 Huntington Avenue stated the triangular lot proposals are in direct conflict to the code. He indicated there is no curve at the intersection of 26th and Huntington as the grid is rectangular; the serrated lot line is not perpendicular to a street, and the lots would have no street address. Mr. Rudaz felt the only proposal left for Council is the original plat drawing and urged the variance not be granted. St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 5 Mark Hager, 4110 West 25th Street, stated he had over 40 signatures from immediate neighborhood to voice opposition to the current proposal and that the code should be applied. Councilmember Sanger requested copies of the petition to the Council. Jeff Royce, 2517 Huntington Avenue, stated opposition to the various plats submitted. He said if the drawings of the subdivision were created prior to 1971, and the code was updated afterwards, then he supports standing by the code. LeAnne Stewart, 2544 Huntington, stated concern about how the Planning Commission is working with the Biltmore Group despite neighborhood opposition. Wayne Jenkins, 2601 Huntington, stated the rights of the propert y owners living there at this time should be considered. He indicated approval of the diagonal option and giving a variance is inconsistent with integrity of code. Mr. Jenkins stated he prefers 2 lots. Bob Warshawsky, 2616 Glenhurst Avenue, felt the two house proposal is more palatable. He stated that going back to first plan, if it requires a variance and the community doesn’t want three houses, that he recommends not granting the variance. Howard Rosten, Attorney representing the Biltmore Land Group consisting of Charles Stinson, Streeter and Assoc., and Coen & Partners consultants, indicated the Group was told to continue working on this project by city staff and that the lot could be redesigned. He stated the project meets all of the applicable zoning requirements and subdivision requirements. A traffic study commissioned by Benshoof & Associates stated the project will not cause additional traffic concern. The first plat requiring the variance is the most preferable design. Mr. Rosten presented documents as part of the record (Clerks File No. 18), stating the Group does want to work with the City and requests approval of the plat subject to staff’s recommendations. Sandra Berthene, 2607 Inglewood Avenue, stated she has never seen a lot line such as the proposed. She does not feel that the Biltmore Group has a guarantee to build three houses. She feels two houses would be fine and that traffic and safety is an issue. Mr. Jenkins stated in the last year, the section of 26th Street between Huntington and France on the north side has all become no parking due to traffic concerns. Councilmember Sanger responded to the comments made by Mr. Rosten for the Biltmore Group. She stated the issue is sight lines and safety, not traffic volume. She felt two sections of the code were not addressed. In referring to the 2nd and 3rd lots, Subdivision code requirements (Sec. 26-152 (b) 14) for irregular shaped lots states the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures which are compatible in size and character to the surrounding area. Subdivision code requirement regarding minimum design features (Sec. 26-160) states the design features are minimal and the city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering being properly subdivided. She stated additional design requirements will be required to make houses smaller to have efficient space between them. St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 6 The first proposal does meet the requirement of lot lines at right angles, but because of the lot width issue, a variance would be required for three houses to fit. The design team should have known these requirements before purchasing this lot. For these reasons none of the proposals should be approved. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to direct staff to prepare a Resolution denying the preliminary and final plat for the Biltmore Addition, and to direct staff to prepare a resolution to deny the proposed ordinance vacating the utility easements on Huntington Ave. Councilmember Finkelstein said he believes two spectacular homes would aid the goal of the City and add to the tax base. He said as gifted as the architect and developer are, they are not listening to the neighborhood and whose 2nd proposal is less safe than the 1st one in regards to West 26th Avenue. Councilmember Finkelstein discussed Alternate Motion 3 as noted in the staff report, to direct staff to prepare a resolution for the June 21, 2004 City Council Meeting, approving the preliminary and final plat and variance for the Biltmore Addition, subject to conditions recommended by staff with the following requirements: 1) That Lot 2 has a ground floor area limitation of equal to or less than 25%. 2) No driveway on West 26th Street. 3) Sight lines drawn up as recommended by City Staff. 4) Other requirements to prevent this from happening again to include a specific study of the whole intersection of West 26th Street, take necessary steps to protect the vista from becoming eroded, steps to prevent “zig-zag” odd shape lots. Councilmember Sanger questioned if the study had to be done and completed prior to approval of any plans for a subdivision of this parcel. Mr. Harmening responded if Council is requesting staff to look at redesigning that intersection and bring back a plan, it may take longer than the time allowed to act on this plat by the first part of July. Councilmember Finkelstein recommended the study of the intersection be done later. Councilmember Omodt said he supports the motion made by Councilmember Sanger. He stated he was not happy with the process used by the Biltmore Group and encouraged the developer to work together with the wisdom of the neighbors. Councilmember Basill also stated disappointment with the process by the developer. He discussed the risks involved; and the merit to limiting ground floor ratio which he felt would also be blocking site lines. Councilmember Santa said every variance request she has seen initiated was because of an irregular shaped lot. After the developer has sold the homes, the residents have life style changes, want to change, and are not able to do it without going through the variance process. She stated she does not support the wedge triangle shaped lots, however, she is very aware that there are four lots and reducing it from four lots to three St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 7 lots is better, but not as good as two lots. She does not support Councilmember Sangers motion, but is in agreement with Councilmember Finkelstein’s recommendations. Councilmember Velick thanked the neighbors for coming to make their views known, and found it unfortunate the process started out so wrong. She recommends the builder work with the neighbors, to have Huntington Avenue look good and 26th Street be safe. She supports the alternate motion by Councilmember Finkelstein. Councilmember Sanger noted the builder has shown little flexibility and feels if approved this would continue. All of the other irregularly shaped lots were approved and platted prior to 1971, when the current ordinance went into effect. Legally it could be presumed that this new section went into effect in order to prevent any further irregularly shaped lots. She felt there was a good argument for a legal case and interpretation of the ordinance. Councilmember Omodt stated a legal case could provide clarity and make parties come together. Councilmember Finkelstein voiced his concerns regarding a law suit and a negative outcome. He stated the results could be four lots, a driveway West 26th, and an expenditure of the tax payers money. He mentioned the advice from the City Attorney was that it would be a difficult case. Councilmember Basill pointed out that Councilmember Finkelstein’s motion is a variance with very specific contingencies. He feels there would be more control in that process rather than letting it go to court. Councilmember Sanger asked the City Attorney to what extent the Council can put additional types of limitations on a variance. Mr. Scott replied the Council can put conditions on variances. They have to be reasonable conditions, and they have to have some relationship to the particular variance being requested. In this particular case the variance is an exception to the lot width requirement. He stated there can be conditions on the location of the driveway, to put it on Huntington rather than 26th Street. Secondly, there can be conditions on limiting, within reason, the ground floor area of the home, because that is related to allowing a smaller, corner lot. There may be other conditions, if they have some sort of relationship to the variance. Councilmember Sanger said she assumed another requirement could be not only the amount of square footage, but the location of that square footage on the lot. Mr. Scott replied yes and the resolution would need some work on the specifics. Bob Warshawsky, 2616 Glenhurst Avenue stated if this is a valid court case, money should not be an issue. And if variance is granted with conditions, what is the assurance the builder will not sue? St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 8 Mayor Jacobs suggested we are in a much stronger position imposing conditions with the variance than we would have otherwise. Mr. Scott responded that is true and in terms of the subdivision ordinance, you are limited in discretion. A variance is an exception to the general rules, so you do have discretion as to whether or not you grant it, and if you grant it, what type of conditions you would impose. The motion failed 2-5. (Jacobs, Santa, Basill, Finkelstein, and Velick opposed) Mr. Rosten addressed the Council, and said if Councilmember Finkelstein’s proposal is going to be suggested, his client would work with the City on all of the issues that have been raised, and continue to work with the neighborhood as well. He said it has not been their intent to shut anyone out of the process, and that it was inadvertent if it occurred. It was moved by Councilmember Finkelstein, seconded by Councilmember Santa to direct staff to prepare a Resolution for the June 21, 2004 City Council Meeting, approving the preliminary and final plat and variance for the Biltmore Addition, as requested in the January 2004 application, subject to conditions as recommended by staff with the following additional requirements: 1) That Lot 2 has a ground floor limitation of equal to or less than 25%. 2) No driveway on West 26th Street. 3) Sight lines drawn up as recommended by City Staff. 4) Allowing staff to look at further requirements and limitations to bring this proposal to the extent feasible in harmony and character with the rest of the neighborhood Councilmember Omodt asked if the traffic concern on 26th and France could be addressed by City staff soon and suggested the speed trailer be used. Mr. Harmening responded he would talk to engineers regarding a short term solution, but the longer term fix of this issue will take more time. Councilmember Sanger mentioned several councilmembers spoke with Hennepin County a year or two ago on the question of what can be done on France Ave going through Lake Forest and Fern Hill, in terms of narrowing the street and dealing with the intersection at 26th Street and traffic calming measures. The motion passed 5-2. (Sanger and Omodt opposed). It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that immediate steps are taken to make 26th Avenue safer, and to study this issue as part of the overall France Avenue issue. The motion passed 7-0. It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that we set up a Study Session dealing with the concern of the erosion of the vista on France Avenue and to have a discussion of the subdivision ordinance to protect the larger properties from being subdivided. St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 9 The motion passed 7-0. It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that we study the issue of odd shaped lots to have consistency in the Code. The motion passed 7-0 It was moved by Councilmember Santa, seconded by Councilmember Basill, to direct staff to prepare an ordinance approving the vacation of the utility easement at 2545 Huntington Ave S. The motion passed 5-2. (Sanger and Omodt opposed) It was moved by Councilmember Santa, seconded by Councilmember Velick, to direct staff to prepare a Resolution for the June 21, 2004 City Council Meeting, denying the preliminary and final plat for the Biltmore Addition, submitted March, 2004, based on the findings set forth in the resolution. The motion passed 7-0. Mayor Jacobs thanked everyone who came out to speak on this issue. 8b. City Engineer’s Report: W. 36th Street Water Improvement Project – Main Replacement – Project No. 04-14 Staff report was given by Mr. Olson. Hennepin County Housing, Community Works and Transit grant funds were awarded and will be available for infrastructure improvements which would upgrade the watermain on West 36th Street between Brunswick and Webster Avenues from a 6 inch to a 12 inch main.. The larger water main will provide increased capacity to serve homes and multi-story buildings and the intensified land use in the Elmwood Area. Because the water main is located underneath West 36th Street, both east bound lanes will be closed to traffic. The contractor will work a block at a time, allowing traffic to be detoured. Staff mailed notices to businesses and property owners. Staff met with three businesses in the area with concerns: Hoigards; Pechiney Plastics; and The Unpainted Place. The costs of approximately $387,000 will be primarily funded through the grant received and additional money required will come from Development/TIF Funds. He indicated construction is expected to be completed in August and early September. Councilmember Basill asked clarification of rerouting the eastbound traffic. Mr. Olson responded the detour will be routing the traffic down Wooddale Avenue, to enter onto frontage ramp road, paralleling Hwy 100, and immediately exiting back onto Excelsior Boulevard, crossing over the bridge, and entering the ramp to 36th Street. Councilmember Basill questioned people on Hwy 7 taking a right onto Wooddale, rather than just going east on Hwy 7 up to Hwy 100. Mr. Olson said when working in the St. Louis Park City Council Meeting 062104 - 3a - Council Minutes of 6-7-04 Page 10 intersection, the proposed route is up to Hwy 7, and back down, connecting with the detour. Councilmember Basill wants to make sure the detour is well marked, so that people do not see that it is closed. He also talked about the neighborhood directly to the west of Burlington Coat Factory, where others could get lost by taking a wrong turn. Mr. Olson said there will be plenty of signage to direct them through the zone. These will be very short term, a few days detour at most. Generally, local traffic should be able to navigate to home. Councilmember Basill reiterated with this type of upgrade, adequate water pressure will be supplied to all of the neighboring houses and single family homes. A motion was made by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution 04-069 accepting the report, establishing and ordering Improvement Project No. 04-14, approving plans and specifications, and authorizing advertisement for bids. The motion passed 7-0. 9. Communications Councilmember Finkelstein spoke of the Dollars for Scholars, a year long inspiring event at St Louis Park High School. Each year people from the community award scholarships to the graduating class, and over one third of the class received over $50,000 in scholarships. For those interested, it doesn’t cost much to sponsor a scholarship, either the neighborhood association or family. He indicated to contact the counseling office at the high school and get involved. The Mayor reminded everyone that next week is the Parktacular Event on June 18th, 19th, and 20th. The parade is on Friday evening at Excelsior and Grand Park Commons area, and multitude events on Saturday and Sunday. Please bring your families. The City’s Website has a link for Parktacular with a listing of the events. 10. Adjournment The Mayor adjourned the meeting at 9:30pm. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION June 14, 2004 The meeting convened at 7:04 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 (Tom Harmening), Parks and Recreation Director (Cindy Walsh), Fire Chief (Luke Stemmer), Human Resources Director (Nancy Gohman), Water Superintendent (Scott Anderson), Public Works Director (Mike Rardin), Community Development Director (Kevin Locke), Economic Development Coordinator (Greg Hunt) and Planning Coordinator (Judie Erickson). Others present: Parks and Recreation Commission member (Tom Worthington) 1. Off-leash Dog Park Cindy Walsh and Tom Worthington summarized the city’s efforts to find suitable sites and work with adjacent neighborhoods to create an off-leash dog park. Dog owners continue to lobby for the creation of an off-leash dog park, and residents who live near the proposed sites remain vehement in their opposition. While traffic and nuisance-related concerns were cited by opponents, it appeared that the underlying reason for the opposition was resistance to change of any sort. Neighbors show no interest in discussing this as a community need. Given this scenario, the City could continue to look for sites, abandon the idea entirely, or create a temporary site at Bass Lake Park along the east side of the tennis courts. Bass Lake offers the advantage of not having adjacent homes. Operating a park on a temporary basis would enable the city to collect solid evidence on the behavior of dogs and dog owners within a St. Louis Park site. On the other hand, a temporary site has the political drawback of putting the council in the position of having to take away an amenity at a future date. Allowing Bass Lake to become a permanent dog park would eliminate the possibility of redevelopment on a desirable site. Walsh asked the council for direction on how to proceed. Sue Sanger wondered whether it would be helpful to take the opponents to visit the Minneapolis Dog Park to see, first-hand, how the park actually operates. After a discussion, council members agreed that opponents do not appear to be interested in hearing evidence of responsible behavior by dogs and their owners, nor would such evidence sway opponents’ opinion. John Basill urged the council to make a decision rather than leave a future council to wrestle with the same problem. Phil Finkelstein stated that he did not want the council to back away from a dog park. He noted that a dog park would serve the needs of a group that is otherwise little served by the City’s recreation programs. Members agreed that the City provides many recreational services for families and children but few services for dog owners. There are likely more households in St. Louis Park with dogs than households with children. Jeff Jacobs, agreed that dog owners need to be served but did not want to serve one group at the risk of angering a different constituency. St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 2 Sue Sanger wondered why the Bass Lake site has not been developed. Tom Harmening responded that the City has not solicited any development proposals. If it were to ask for proposals, it would likely get them since it is a desirable site. Noting that dog owners will like any site and adjacent neighbors will oppose every site, Sanger said the Bass Lake site makes sense either as a temporary site or as one of two small dog parks. Paul Omodt and Jeff Jacobs voiced concerns about the problems that will occur when it’s time to move the park. Jeff Jacobs wondered whether the opposition stemmed from a lack of process. Council members said they did not believe this was the case. They cited the thorough staff investigation of all open areas owned by the city as well as the number of community and neighborhood meetings that have been held. Phil Finkelstein suggested that the council authorize a temporary site while continuing to look for another sites. Council members agreed with this idea and suggested coordinating this action with a thorough examination of excess City-owned property that could be sold for development of single family homes. The excess property survey should involve a public process similar to the process used in the sidewalk and trail proposal. The process should focus on the greater community good and determining what is the best use of excess land. Members felt the process is justified given the multiple times that the community has voiced the need for additional move- up housing. Nonetheless, council members agreed that the adjacent neighbors will likely be opposed to land sales in their own neighborhood. Council members agreed that they should go ahead with a temporary site at Bass Lake. The area must be clearly signed “temporary” or “interim.” In addition, they agreed to inform all interested parties of the decision via letter and ask them to be involved in the continuing effort to find a permanent site(s). The interim period will be used to collect data on costs, nuisance complaints, traffic and other issues that have been raised as concerns. Before leaving this topic, Sue Sanger asked the council to take a hard look at how often it ought to allow a vocal minority from quashing projects that have city-wide support and meet a community need. This is a serious issue that comes up repeatedly and needs further examination. 2. Elmwood Study Community Development staff updated the Council on developer interest in the Elmwood area and the impact of anticipated traffic at the intersection of Highway 7 and Wooddale. Current information indicates that the intersection, even with certain future improvements, will reach Level of Service D by 2007. Given that current proposals for reconfiguring the intersection do not show long term promise, staff asked for authorization to contract for a traffic study aimed at generating a long-term solution for this area. Council members noted that the intersection is already problematic and voiced concern about the traffic impact that could result from development in the Elmwood area as well as changes proposed for Highways 7 and 100. Council gave its approval to pursue a traffic study and asked that the consultant consider the impact of parking at the light rail station, pedestrian needs, and grade separation. St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 3 In discussing options for traffic management, John Basill pointed out that any solution that calls for an expanse of pavement at this intersection will disappoint the neighborhood. Because residents expect an attractive and inviting gateway into Elmwood, Basill urged the consultant and council to keep the area’s appearance in mind as traffic management options are developed. Greg Hunt then updated the council on preliminary development inquiries for the Hoigaard’s/West 36th Street area. Whether the proposal to develop this area with retail, apartments and townhouses proceeds will depend on decisions of current land owners and closing a huge gap between the developer’s available funds and actual land acquisition costs. Hunt also pointed out that some assumptions about how long Burlington Coat Factory and Microcenter may have to be revised. In outlining the proposed TIF district, Hunt pointed out that the city has the opportunity to make needed infrastructure improvements (frontage road improvements, streetscaping, pedestrian bridge, stormwater holding ponds, etc.) to accommodate future development. Given the possibility of additional development in the near term, Hunt explained that the proposed TIF district could be expanded as long as any new parcels are contiguous with the TIF district. Hunt cited the need for stormwater improvements in this area and urged that stormwater management solutions be considered on an area wide versus parcel by parcel basis. Looking at the entire area would enable the City to create holding ponds that could also serve as an aesthetic amenity. Council directed staff to undertake a stormwater management study. While agreeing that the proposed development may necessitate building a bridge over Highway 100 from Wooddale to Auto Club Way, council members voiced great concern about the impact this action would have on Aldersgate Church. Council members expressed concerns about being placed in the position of evicting a church. Staff agreed and promised to work with the church in seeking an appropriate, long term solution that would serve both the community and the church. While not opposed to additional development, John Basill asked that council members be sensitive to the fact that any development higher than four stories will remove views of the downtown Minneapolis skyline from neighborhood homes. Sue Sanger mentioned that she would like developers, staff and council to do what they can to preserve the chimney near Hoigaard’s which serves as a local landmark. 3. Fire Shift Supervisors: Fire Captain Nancy Gohman provided background on the issue surrounding a change in the Personnel manual to accommodate the addition of the position of Fire Shift Supervisor. At council’s request, city staff met with an attorney specializing in employment law to resolve questions surrounding overtime and first responder status. According to the attorney, the position should be classified as non-exempt and eligible for overtime due to the occasional need for the Fire Shift Supervisor to serve as a first-responder. The Human Resources Department will be ready to classify the position once council approves the language change in the personnel manual. Gohman also explained the salary review process for this position. St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 4 Luke Stemmer presented a history of changes within the Fire Department and the need for Fire Shift Supervisors. The department has grown from 25 full-time firefighters to 50 firefighters (full-time and paid-on-call). Today, it responds to approximately 3,800 calls out of two stations. Expanded training and equipment requirements as well as the need for supervision throughout 24-hour shifts, prompted the department to create the Fire Shift Supervisor position. Council members expressed their confidence in the attorney’s assessment and indicated their willingness to make the changes to the personnel manual to accommodate the position. Gohman stated she would bring a resolution to the council authorizing changes to the Personnel Manual to spell out the terms and conditions for the shift supervisor position as well as deleting outdated sections referring to battalion chiefs. Councilmember Phil Finkelstein expressed his desire that the city, when creating positions, be open to placing positions within bargaining units. Other members felt there should be no bias either for or against union representation. Sue Sanger asked whether the move to create the fire captain position would have an impact on the Police Department. Nancy Gohman replied that it could create a precedence if there is a similar first responder role. Sanger also asked whether the city should pursue consolidation with other municipalities. Stemmer replied that, historically, fire chiefs have not been able to effect this change. This may be a more appropriate role for policy makers. 4. Water Contingency and Conservation Plan Revisions Scott Anderson and Mike Rardin reported on the effectiveness of voluntary versus mandatory water conservation measures. Citing the fact that one Water Treatment plant has been shut down and the potential impact that a period of hot, dry weather could have on water reserves, they recommended that the city institute two mandatory water conservation measures: 1) odd/even sprinkling and 2) a ban on sprinkling from noon to 5 p.m. Council members agreed that conservation measures are appropriate. Sue Sanger asked whether these restrictions are enough or whether additional incentives should be considered. Sanger asked whether the city should consider charging a “premium” rate for households that use very high levels of water. Jeff Jacobs said he likes the “volume-based” approach but prefers a credit for low usage versus a penalty for high use. Other council members questioned whether residents would make that distinction. Jacobs also encouraged the Public Works Department to look into ways to encourage owners of underground sprinkler systems to install sensors that would stop sprinkling when rain is falling. Sanger also questioned whether the city has made plans to enforce the restrictions. Anderson responded that the City’s past approach has been to give violators a warning and information for the first violation. After that, City ordinance allows for a $25 fine which increases by $10 increments for each subsequent violation. While agreeing to the need to encourage conservation, Sue Santa said she did not wish to penalize residents who go to the effort and expense to water City plantings. John Basill added St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 5 that he did not wish to make it harder for homeowners to take good care of their lawns or increase the incidence of weed-infested yards that become a blight on the neighborhood. Staff agreed to make water conservation requirements mandatory right away as allowed for under current policy. Staff indicated it would also bring to the Council at a later date changes to the policy which would make the mandatory restrictions permanent and to conduct an educational campaign on sprinkling restrictions and sound lawn care practices. In addition, staff will return to council with options for variable water rates aimed at rewarding water conservation. Staff will also check that permits issued for new sprinkler systems require the use of rain sensors. 5. Water Treatment Plant Filter Upgrades Mike Rardin and Scott Anderson explained the need to upgrade filters at water treatment plants. Although staff had anticipated the need to upgrade filers, the timetable for filter replacement must be moved up due to recent test results indicating a higher level of radium/alpha emitters than allowed by the Minnesota Health Department. Depending on the type of filters installed, cost could range from $230,000 to $250,000 per pumping station. With six plants, that could amount to approximately $1.5 million. Capital improvement funds have already been set aside to pay for the filters. Citing sensitivity to water contamination concerns, council members expressed their agreement with the need to replace filters in the manner most appropriate to the contaminant. Staff agreed to bring a report back to council describing the project in detail and requesting authorization for bids. 6. City Manager: Six Month Review The council’s contract with City Manager Tom Harmening calls for a six month review. With Harmening’s six month anniversary coming up, council was asked how it wishes to conduct the review. Options include having the Mayor/Council and City Manager work directly with one another on the evaluation. Another option would be to use a third party facilitator to assist with the evaluation. This could be done thru a paid outside consultant or the City’s Organizational Development Coordinator Bridget Gothberg. Several members felt there was merit in using a consultant from outside the organization to conduct the review. They felt someone from outside the organization would bring a fresh perspective to the process, would be more likely to ask “tough” questions and would not be afraid of “sacred cows.” Several other members agreed these were advantages, but did not feel the advantage outweighed the cost of a consultant. These members preferred to use Gothberg and preserve that money for other projects. All agreed this was acceptable—but only because things are going well. All also agreed that department heads should be asked to participate in the evaluation process. St. Louis Park City Council Meeting 062104 - 3b - Study Session Minutes of 6-14-04 Page 6 Tom Harmening will ask Bridget Gothberg to prepare an evaluation instrument for department heads and council members and facilitate the review process. 7. Communications Jeff Jacobs reported that he and other suburban mayors will be meeting with the mayor of Minneapolis and possibly Hennepin County Commissioner Gail Dorfman to discuss approaches to the issue of second-hand smoke in restaurants and public facilities. Council members asked about the status of St. Louis Park’s smoking disclosure notices. Members expressed interest in learning about the wording of the notices and timing for posting. Sue Santa reported that there has been some miscommunication concerning the council’s participation in the Parktacular parade. Tom Harmening promised to get meeting place and time information to all council members. Tom Harmening reported that the City conducted its second annual Clean-up Day on Saturday, June 12. Approximately 500 residents took advantage of the opportunity to drop off junk at the Municipal Service Center. Harmening indicated he would provide the council with a report in an upcoming City Manager’s Digest. Harmening asked for clarification about the Council’s plan to canoe a portion of Minnehaha Creek prior to the June 28th Council meeting. Sue Sanger expressed concern that the council will see only a small portion of the creek; however, other members felt this was a good start and they were free to canoe larger sections at a future date. All agreed this effort would enable them to get a first-hand look at this resource and have a better perspective of the creek’s potential when creek-related proposals come before the council. 8. Adjournment The meeting was adjourned at 10:02 p.m. _________________________________ __________________________________ Deputy City Clerk Mayor St. Louis Park City Council Meeting 062104 - 3c - Study Session Minutes of 5-24-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION May 24, 2004 The meeting convened at 7:00 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Inspections (Mr. Hoffman), Inspections Supervisor (Ms. Boettcher), Director of Technology and Support Services (Mr. Pires), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), City Assessor (Mr. Stepnick), Director of Public Works (Mr. Rardin), and Utilities Superintendent (Mr. Anderson). 1. Susan G. Koeman Breast Cancer 3-Day Walk Ms. Boettcher introduced Slade Thompson, Production Coordinator for Event 360, Sgt. Lori Dreier from the Police Department, Rick Beane from Parks, and Dave Lundquist from Community Education. Mr. Thompson gave an overview of the event includes the route and services provided. He outlined the site plan for the Junior High where participants would camp after the first leg of the walk. He stated that they estimated about 3,000 walkers would participate in the walk. He described the charities that would benefit from the funds raised. Councilmember Velick stated her concern about the placement of vehicles especially the large trucks that could block traffic. Mr. Thompson explained they will be parking the box trucks single file along W. 22nd St and parking on school property for the showers and buses. Mayor Jacobs had concerns about the disruption to the school during the day on Friday. Mr. Thompson replied that they would set up Thursday night and leave a field open for the school to use. Should the event occur displace any children, Event 360 will pay to have them bused to a different location. Ms. Boettcher inquired if they had found a place to house the walkers in case of inclement weather. The school does not want interior use of the building. Ms. Bloomquist stated that both Benilde-St. Margaret’s and Westwood Lutheran Church would be interested in offering their buildings for emergency shelter. Councilmember Finkelstein had concerns because Benilde-St. Margaret is close to a synagogue and many Jewish residents will be walking in that area on the Sabbath. Ms. Bloomquist replied that they would only be bringing the walkers into the building and not parking vehicles Ms. Boettcher asked what provisions they have if it rains the night before and are unable to set up the heavier vehicles and tents. Mr. Thompson replied that they would park the kitchens on the parking surface and not set up the entertainment tent. St. Louis Park City Council Meeting 062104 - 3c - Study Session Minutes of 5-24-04 Page 2 Sgt. Dreier stated that walkers would have to cross Cedar Lake Road at Virginia Avenue and that is the most problematic detail. She explained that there are no traffic controls at that intersection and they would need an officer to direct traffic. Councilmember Santa shared her concerns about traffic congestion as well as the fact that the garbage is normally picked up on Fridays in that neighborhood. She asked that the neighbors be notified. Ms. Bloomquist stated that they will be holding neighborhood meetings for residents along the entire route within of St. Louis Park. Councilmember Basill wants to see plenty of signage so that people are not surprised by the walkers. Councilmember Finkelstein asked if anyone had considered closing Virginia Avenue for an hour or two. If not, he would like to see signs posted stating the parade route. Sgt. Dreier stated that they are planning to have an officer(s) at the 28th St. crosswalk at all times. The Council discussed the arrival time of the walkers. Mr. Thompson explained that they have a certain cut-off time for the walkers to reach a certain point, and, if the walkers do not reach it, they pick them up by bus. He added that everything is wrapped up at 9:00 p.m. Councilmember Basill stated that he felt this was a worthwhile effort and they should do their best to make it happen. However, he did have concerns with liability issues. Mr. Thompson replied that they will name both the city and the school to be insured. Councilmember Finkelstein inquired about security for the site overnight. Mr. Thompson replied that they have volunteer security persons as well as two hired security guards. If there is inclement weather, Sgt. Dreier is concerned abuotthe length of time to transport walkers and traffic congestion. Ms. Boettcher stated that the Junior High did not want interior use of the school because as staff would not be present and security for the building would be compromised. She added that they need to look at building capacity and fire hazard issues for the emergency shelters. Mayor Jacobs inquired if parents would still be able to pick up their children up at school that day. Councilmember Finkelstein would like to see a notice sent out to the parents of the children to inform them. Mr. Thompson stated that they are not advertising where the walkers will be camping and hopes that reduces the number of visitors. If there are visitors for the walkers, they must register with the security team and be out by 8:00 p.m. Chief Luse stated that they will do whatever necessary to ensure public safety and he felt there will be some anger regarding traffic. Councilmember Santa stated that property owners along the route will have safety issues as well. Councilmember Finkelstein suggested posting alternate routes. Mr. Harmening inquired how morning operations will work. Mr. Thompson stated the walkers are required to move out at 8:00 a.m. and site breakdown should be done by 3:00 p.m. Mr. Harmening asked if Sgt. Dreier felt the need for the same type of traffic controls on the morning route. She stated that she had spoken with Mr. Thompson regarding compensation for police service at those areas outlined. St. Louis Park City Council Meeting 062104 - 3c - Study Session Minutes of 5-24-04 Page 3 Mr. Harmening inquired how they have notified the neighborhoods in other events. Councilmember Basill felt the event definitely needs to be posted so people know why the traffic is congested and, hopefully, they will be more understanding when they realize the cause. Councilmember Santa felt the garbage collection for that day needed to be changed. The Council agreed to move forward with the next steps and notification process. 2. Petition to Construct and Alley at 42nd St. and Ottawa Ave Mr. Olson informed Council that they received a petition from five homes to construct an alley using some City-owned property. This would be assessed to eight homes altogether. Mr. Olson stated that they held a neighborhood meeting regarding the construction of the alley to receive public comments. The five property owners who signed the petition were in favor of the petition whereas the three that did not sign were generally against it. Those neighbors felt the alley would be costly to them with no benefit. The Edina home had security concerns. Staff’s concerns were maintaining access to the back of the City-owned lot and possible future development on the lot. Mr. Olson stated that if development is pursued, they would need to consider drainage issues. A few of the neighbors stated that they had been told the property would never be developed. Councilmember Basill said he wanted to make it clear that whether there is an alley or not, they are going to continue to look at developing the lot. Councilmember Basill wanted to be consistent with their policy on alleys. Past action shows that, when there is a majority, Council approves the alley. They have a majority of the property owners in favor of the alley. He had concerns with making sure they provide move-up housing and felt garages would be built if there was an alley and the residents would be more likely to stay in the city. He spoke briefly about the direct and indirect values for all the properties. Councilmember Basill inquired if the City will pick up some of the cost of assessment. Mr. Olson replied that is the recommendation from staff. He said that the City would pick up approximately half the cost of the alley therefore the cost to the residents would be half of what was originally proposed. Councilmember Santa inquired about the right of way for the alley. Mr. Stepnick clarified that the city would own the alley and right of way. He stated that they may want to look at absorbing the costs for the two lots that may potentially be developed and doing a special assessment later on. Mr. Stepnick explained that they need to do both a public hearing and assessment hearing which would be in late June. Councilmember Santa expressed her concerns about snowplowing and trash pickup in a dead end alley. She would like to see trash service continue in the front of the homes. Mr. Harmening clarified that the alley proposal does not involve the potential development of those two lots. Council directed staff to bring this item back for the hearings on June 21st. 3. Rottlund Tax Increment District Mr. Hunt stated that they refined the funding to $720,420.00. He stated they were still trying to determine whether the project will be classified as a renewal and renovation district vs. a redevelopment district. They were looking at making possible public works improvements and St. Louis Park City Council Meeting 062104 - 3c - Study Session Minutes of 5-24-04 Page 4 that depends on what type of district it will be. Mr. Hunt informed the Council that they are hearing developmentinterest in other parcels north of W. 36th St. Councilmember Finkelstein inquired how the City determines how big a TIF area will be. Mr. Hunt replied that the funds must be spent in the first five years. He stated that the renewal and renovation district is easier to qualify for but the redevelopment district would allow the opportunity for a bigger project with more improvements. Mr. Ruff stated if an improvement to Hwy. 7 and Wooddale Ave for was going to use tax increment, it must be put into the district. Mr. Ruff clarified the amount of taxes given to the School District, Hennepin County and the City in a TIF district. Mayor Jacobs asked what the ideal amount of TIF is and Mr. Ruff said no more than 15% and no less than about 8% of the tax base. Councilmember Finkelstein inquired if the proposed Sherman building was going be sold now that Sherman is not involved in the project. Mr. Noonan replied that they are. Councilmember Basill stated the changes to the project: one building going from 4 stories to 3 and the office building. Councilmember Velick inquired about above ground parking. Mr. Noonan reported that Tim Whitman will be working on that with staff. Mr. Noonan asked for clarification on when this would be before Council and the Council agreed it would come back on June 7th. 4. City Buildings Fiber Optic Network Project Mr. Pires stated that a fiber optic upgrade provides the opportunity to connect multiple jurisdictions. He reported on the work the School District had installed and how at that time they asked the School District to leave enough fiber along their lines for the City to use at a later time and to try to place the lines as close to City buildings when possible. He listed the city buildings that would be connected throughout the city. Mr. Pires described the advantages of installing the fiber optic lines and how it will allow the City to connect with LOGIS. Other possibilities are Hennepin County, the State, and the Bureau of Criminal Apprehension. He stated that there are many partners in the project that will help the cost. He stated that Hennepin County Libraries is interested in participating. The City spends quite a bit of money each year on communication costs. The fiber optic lines will now allow data communication, voice communication, video, and radio. Councilmember Santa inquired how the fiber will be installed and Mr. Pires replied that it would be done by auguring but the biggest concern is damaging any other lines that are currently below ground. Mr. Pires went on to explain all the wireless devices that are used in the different departments and the expense associated with it. He stated that eventually they will have the ability to build towers throughout the city that will connect with the fiber optic lines that will eliminate the costs of the wireless service that is currently in place. Councilmember Finkelstein inquired about tying into Methodist Hospitable and Mr. Pires replies that he and the School District felt that those services should be supplied by private means St. Louis Park City Council Meeting 062104 - 3c - Study Session Minutes of 5-24-04 Page 5 though they are highly encouraging Time Warner to provide these services. He felt that there was an economic development aspect to doing so. Councilmember Santa inquired if there were any written agreements so far for cost sharing, maintenance, etc. and Mr. Pires replied that they have been written. Council agreed staff should move forward with the process. 5. Water System Vulnerability Assessment Mr. Rardin reported that these assessments are on a national level. He stated that they looked at emergency power, computer, and human operator vulnerability. He felt that the power vulnerability was the bigger piece to be concerned about. Mayor Jacobs suggested purchasing a second generator or possibly look at alternative energy source. Mr. Anderson stated that they needed to look at how much water would be needed. One of the factors to look at is the minimum amount of water the city can get by on. Mr. Anderson stated they have a low risk factor for contamination. Councilmember Finkelstein asked if there was a water borrowing plan in place. Mr. Anderson that they have plans set up with Minnetonka, Plymouth, and Minneapolis. Mr. Anderson said that they have completed the mandated assessment as well as the security system review and they will be putting in some new security features. Councilmember Santa asked what impact the new security features would have on the budget and Mr. Anderson felt that it would be a fairly small. 6. Communications Mr. Harmening gave the Council a few dates for the canoe trip. Councilmember Finkelstein felt strongly that they need to experience the Minnehaha Creek before making any decisions about its future. The Council agreed to shorten the trip to travel only through St. Louis Park and to take the trip prior to a study session. Mr. Harmening reported that they have an agreement with Park Tavern to sell a small piece of City-owned property; in exchange, the property owner agreed to put in paved parking space. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 062104 - 4a - Louisiana & Hwy7 Signal Agreements Page 1 4a. Motion to adopt the attached resolution authorizing the execution of Agreement 86549R between the State of Minnesota, Department of Transportation and the City of St. Louis Park for the installation and revision of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue and to adopt the attached resolution authorizing the execution of Agreement 86550-R between the State of Minnesota, Department of Transportation and the City of St. Louis Park for maintenance of traffic control signals at Lake Street, Walker Street and TH 7 along Louisiana Avenue Background: The City Council at its April 12, 2004 meeting approved Project No. 00-17 for traffic improvements on Louisiana Avenue at TH 7. The project includes the addition of dual left turn lanes on Louisiana Avenue at TH 7 and the installation of new traffic signals at Lake Street and Walker Street. Bids were received and the project was awarded to the lowest responsible bidder, Midwest Asphalt Corporation. Construction is scheduled to begin in July 2004 with completion in September 2004. Analysis: Currently, the traffic signal system at Louisiana Avenue and TH 7 is operated and maintained by the Minnesota Department of Transportation (Mn/DOT) at no expense to the City. The City pays the electrical service expenses to run the signal and is responsible for relamping the signal and street lights. These responsibilities were approved in Agreement No. 67240 dated June 13, 1991 between Mn/DOT and the City. Upon completion of construction and installation of the new signals at Walker Street and Lake Street, these new signals will be interconnected with the signal at TH 7. This will allow for signal timing coordination between all three signals. Under Agreement 86549R, Mn/DOT will be providing new traffic controllers at Lake Street and Walker Street to allow for the timing coordination. In the agreement, the City agrees to pay the cost of materials furnished by the State for the controllers in the amount of $38,000. The agreement also provides for the State to continue with operation and maintenance of the signal at TH 7 while the City will continue to pay the electrical expenses and relamp the signal and street lights, as in the old agreement. Upon execution and approval by the City and the State, this agreement will supercede and terminate the old agreement. The City and the State mutually desire to have the State operate and maintain the new traffic control signals at Walker Street and Lake Street. Agreement No. 86550 – R provides for this. Under the agreement, the State will maintain the traffic signal cabinets and control equipment, maintain the emergency vehicle pre-emption, (EVP System(s)), repair knockdowns or other traffic control signal maintenance not done by the City, and be responsible for timing and operation of the Traffic Control Signals and EVP Systems, all at the cost and expense of the City. The City will pay electrical expenses and relamp the signals and street lights. The Public Works Operations staff has reviewed the agreements and is satisfied with these requirements. The City Attorney, Tom Scott has also reviewed the language of the agreements and approves their execution. These agreements are consistent with other agreements made in St. Louis Park City Council Meeting 062104 - 4a - Louisiana & Hwy7 Signal Agreements Page 2 the past between the City and Mn/DOT for the operation and maintenance of traffic control signals, such as those at TH 7 and Aquila Avenue and TH 7 and Texas Avenue. Financial Considerations: The City is responsible to pay the State $38,000 for the cost of the traffic controllers and other materials provided by the State. This amount has been budgeted into the construction costs for the project. The total cost of construction including the expenses payable to the State is $662,765. This project is being funded by contributions from benefiting developers with the balance being paid for with Tax Increment Financing (TIF) and/or HRA levy proceeds. Recommendation: Approve the attached resolutions approving the agreements and authorizing execution. Attachments: Agreement No. 86549R (supplement) Agreement No. 86550 – R (supplement) Resolutions 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 062104 - 4a - Louisiana & Hwy7 Signal Agreements Page 3 RESOLUTION NO. 04-080 RESOLUTION APPROVING THE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 86549R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF ST. LOUIS PARK BE IT RESOLVED that the City of St. Louis Park enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption and Signing at the intersection of Louisiana Avenue and Walker Street; Revise the existing Traffic Control Signal at the intersection of T.H. 7 and Louisiana Avenue; Install a Temporary Traffic Control Signal System with Street Lights and Emergency Vehicle Pre-emption at the intersection of Louisiana Avenue and Lake Street; and Install Interconnect from Louisiana Avenue at Walker Street to Louisiana Avenue at Lake Street in accordance with the terms and conditions set forth and contained in Agreement No. 86549R,a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Reviewed for Administration: Adopted by the City Council June 21, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 4a - Louisiana & Hwy7 Signal Agreements Page 4 RESOLUTION NO. RESOLUTION APPROVING THE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 86550 - R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF ST. LOUIS PARK RESOLUTION BE IT RESOLVED that the City of St. Louis Park enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance of the traffic control signals by State Forces on a reimbursable basis at the intersections of Louisiana Avenue and Walker Street, and Louisiana Avenue and Lake Street in accordance with the terms and conditions set forth and contained in Agreement No. 86550-R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Reviewed for Administration: Adopted by the City Council June 21, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 4b - 6027 Cambridge Street Encroachment Agmt Page 1 4b. Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Townsends, 6027 Cambridge Street, for use of City right-of- way for placement of a fence. Background: The Townsends own the single-family home at 6027 Cambridge Street and wish to construct a fence along the west side of their property which would encroach into the City’s right-of-way. The fence would run alongside Brunswick Avenue and encroach 11 feet into the City’s right-of-way. Analysis: City staff has reviewed this request and has found no conflicts with any public facilities at this time. The applicant will maintain 12 feet of clearance between the fence and the curb to allow for snow storage and to preserve the existing boulevard trees. The fence will need to meet all zoning and building code requirements. A standard agreement, drafted by the City Attorney, will be used in this instance. It allows the City to terminate the agreement upon thirty (30) days notice to the property owner. 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 private or public utilities. Attachment: Map (Supplement) 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 062104 - 4c - Planning Minutes of 5-19-04 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 19, 2004 – 6 p.m. COUNCIL CHAMBERS Commissioners present: Lynne Carper, Ken Gothberg, Claudia Johnston Madison, Dennis Morris Commissioners absent: Michelle Bissonette, Carl Robertson, Jerry Timian. Staff present: Planning Coordinator (Ms. Erickson), Assistant Zoning Administrator (Mr. Morrison), and Secretary (Ms. Sells) 1. Call to Order Commissioner Morris called the meeting to order at 6:15 pm. 2. Approval of Minutes Approval of Minutes of April 21, 2004 and May 5, 2004. Commissioner Carper noted the following correction to the minutes of April 21, 2004: 90 degree angle rather than 90% angle on page 6. Commissioner Gothberg made a motion to approve the minutes of April 21, 2004 and May 5, 2004 with correction as noted. The minutes were approved on a motion of 4-0. 3. Hearings: A. Case No. 04-22-ZA – Proposed Amendments to St. Louis Park Ordinance Code relating to Zoning to eliminate stand alone motor fuel stations as a conditional use in the General Industrial District, clarifying the temporary structure ordinance, clarifying restaurant conditions in the Office district, and requiring tree protection standards during construction activities. Gary Morrison presented a staff report. Commissioner Carper requested clarification about restaurants with liquor licenses. He asked if it means prevention of a stand-alone restaurant erected in a parking lot of an office building or at another end of a parking lot. Mr. Morrison said yes, the property owner would have to apply for a PUD (Planned Unit Development) for the whole site, and then could have a stand-alone restaurant. The provision is there for them to do it, if St. Louis Park City Council Meeting 062104 - 4c - Planning Minutes of 5-19-04 Page 2 they applied, otherwise the construction of another building or dividing up a property would be prohibited. Commissioner Carper asked why it would be prohibited if a new, good quality restaurant would be an amenity to the community. Ms. Erickson said the amendment is not to prevent restaurants from building in the office district, but trying to prevent an existing parcel from just developing a restaurant by itself. She explained that it would prevent office buildings from being torn down and replaced with restaurants. The reason to prohibit this is because only 3% of total land area is zoned for office. If it is allowed it to be consumed by commercial uses, there will be no land left to build office space when the office market returns. Approvals for stand alone restaurants could be made, but only as part of a PUD brought to the Planning Commission and approved by the City Council. Commissioner Gothberg wondered if there were any situations where existing restaurants would become nonconforming, with respect to this item. Mr. Morrison stated there are three properties that have freestanding restaurants in the Office District. One of them is owned by Dukes Weeks, which has two restaurants on the property, as per their development plan. Those restaurants were designated as interim uses for the property until at some point it can be more intensely developed with an office building or complex, as part of campus. The others are TGIF and Santorini’s. Mr. Morrison said the Santorini property is zoned office, and is currently nonconforming. It does not share space with an office building adjacent, which is required under the code today. It is self- sustaining, and has its own parking. Commissioner Gothberg asked about nontoxic tree wound dressing for oaks in Section 36-81(e)(5), wondering if elm should also be included. Ms. Erickson said elm tree could be added to the amendment. She added that oak trees tend to be susceptible to damage to the root systems. Also, some of the diseases such as oak wilt and Dutch elm disease are encouraged by opening the tree up, so elm was added to the amendment regarding pruning. Commissioner Morris asked about a nontoxic tree dressing, and wondered if a contractor would keep one on site. Ms. Erickson said the wounding has to do with construction practices due to accidents or carelessness, as when trucks drive over the root system, compacting the earth, and trees dies two years later due to inability to extract oxygen from the soil. She said the amendment was an attempt to clarify standards and give clear direction for construction. The intent is to include the language in resolutions so developers will be aware of this expectation. Commissioner Morris asked if the restaurant amendment referred only to restaurants with liquor licenses. He commented that it appears the City would be making restaurants with liquor go through a more intense review process. Commissioner Morris opened the public hearing. Seeing no one present wishing to speak, he closed the public hearing. St. Louis Park City Council Meeting 062104 - 4c - Planning Minutes of 5-19-04 Page 3 A motion was made by Commissioner Gothberg to recommend approval of Ordinance Code text amendments relating to zoning to eliminate stand alone motor fuel stations as a conditional use in a General Industrial District, clarifying the temporary structure ordinance, clarifying restaurant conditions in the Office District, and requiring tree protection standards during construction activities with the request that staff verify whether the addition of elm tree for nontoxic tree dressing should be added to Section 36- 81(e)(5) before Council review. Motion passed 4-0. 4. Unfinished Business – none 5. New Business Commissioner Carper commented on the VoiceStream public hearing held on April 21 and his interest in changing the Ordinance Code to provide for more aesthetically pleasing construction, landscaping, and decorative elements for utility structures. Commissioner Morris said he was in agreement and asked staff to study architectural standards and landscaping for utility buildings. He asked staff to provide an update on this process within two months. He commented that the City Attorney would need to determine if municipal structures would fall under similar guidelines. 6. Communications Commissioner Morris acknowledged Commissioner Gothberg’s letter of resignation from the Planning Commission effective May 20 due to relocation. Commissioner Morris praised Mr. Gothberg and his abilities. Commissioner Carper personally thanked Mr. Gothberg for his guidance and presence. Commissioner Morris requested that City Council and Planning Commission resolutions of appreciation be prepared for Commissioner Gothberg. Commissioner Carper spoke about Charter Commission 50th anniversary celebration activities, including activities associated with the upcoming Parktacular Weekend June 18 – 20. 7. Adjournment Commissioner Morris adjourned the meeting at 6:40 p.m. Minutes prepared by: Submitted by: Karen Teagarden Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Meeting 062104 - 4d - BOZA Minutes of 4-22-04 Page 1 MINUTES APRIL 22, 2004 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, April 22, 2004, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Chair Susan Bloyer Vice Chair Ryan Burt Commissioner James Gainsley Commissioner Tom Powers Commissioner Paul Roberts Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the regular meeting to order at 7:00 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Bloyer, seconded by Commissioner Gainsley, to approve the following minutes as presented with the following corrections: Page 3, Correct garage width to 26 feet instead of 36 feet wide in paragraph 8. 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated December 2, 2003. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None. 3. CONSENT AGENDA Case No. 03-71-VAR; Approve Resolution No. 19-03, Susan and Dave Fink of 3941 Lynn Avenue South granting a variance from the requirements of Section 36-162(c)(7)2ii of the Ordinance Code relating to zoning to allow a 2 foot side yard and a 2 foot rear yard instead of the required 7 foot side yard and 25 foot rear yard for a proposed 21 foot by 28 foot detached garage for property located in the R-2 Single Family Residential District at 3941 Lynn Avenue South. Chair Bloyer stated she felt the presented resolution was incorrect. St. Louis Park City Council Meeting 062104 - 4d - BOZA Minutes of 4-22-04 Page 2 Mr. Morrison reviewed the resolution and agreed that minor changes are needed and will make the appropriate changes and re-present to the Commission on May 27, 2004. Motion by Commissioner Burt, seconded by Commissioner Gainsley, to remove Case No. 03-71- VAR; Resolution 19-03, Susan and Dave Fink from the agenda and allow for proper changes to be made and postpone final approval until May 27, 2004. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None. 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 04-16-VAR – The request of Jeffrey Hickstein for a variance from the requirements of Section 36-163(f)(5) to permit an attached garage, with full basement, to maintain a 6 foot rear yard instead of the required 25 feet for property located in the R-1 Single Family Residential District at 2856 France Avenue. Staff believes that all seven of the seven findings have been met and recommends that the Board of Zoning Appeals approve the applicants’ request for a 19 foot variance to the required 25 foot rear yard to permit an attached garage, with full basement, to maintain a 6 foot rear yard with the following conditions: 1. That the applicant maintain the required useable open space in the shape of 20 feet by 30 feet in the northwest corner of the property as shown in the attached site plan; and 2. The proposed stairs providing an exit from the basement along the north side of the garage cannot be used to provide access to a second a dwelling unit. (Zoning does not permit a second dwelling unit on the property.) Commissioner Gainsley asked staff if it weren’t for the link attaching the home to the garage would the applicant need a variance? Mr. Morrison stated the applicant would only be allowed to build a 20 foot by 20 foot detached garage because he would be limited by 25% of area in the back yard. Mr. Morrison stated that the applicant’s link is important because it allows him access to the existing stairs inside the house. Chair Bloyer asked if 25 feet in length is customary for a garage. Mr. Morrison stated that commonly garages are 24 feet by 24 feet with some up to 26 feet. Chair Bloyer asked how far the garage will extend from the front of the home. Mr. Morrison stated the garage will extend 3.5 feet in front of the home. With no more questions, Chair Bloyer opened the public hearing. St. Louis Park City Council Meeting 062104 - 4d - BOZA Minutes of 4-22-04 Page 3 Jeffrey Hickstein, applicant of 2856 France Avenue would like to thank the Commissioners for taking the time to review his application. He stated, recently he had received a variance approval for a tuck-under garage but due to utility lines not being deep enough he was unable to construct the garage. With no more questions, Chair Bloyer closed the public hearing. Commissioner Powers stated he is in favor of granting this variance because this would allow the applicant to provide a usable back yard which is the intent of the ordinance, although he does have concern to the larger proposed garage but sees that this will not affect the neighbors to the north and this will greatly enhance the value of his property which are the goals and visions of St. Louis Park. Commissioner Roberts stated he feels that this property is difficult and is in favor of granting the variance. Commissioner Burt and Commissioner Gainsley agree with Commissioner Powers and Roberts, to grant approval of the variance. Motion by Commissioner Powers, seconded by Commissioner Roberts, to approve Resolution No. 01-04 and rescind Resolution No. 03-03; and approve a variance to Section 36-163(f)(5) of the Ordinance Code relating to Zoning to permit an attached garage with full basement to be located 6 feet from the rear property line is hereby granted based upon the findings set forth above and subject to the following conditions for the property of 2856 France Avenue: 1. That the applicant maintain the required useable open space in the shape of 20 feet by 30 feet in the northwest corner of the property as shown in the attached site plan; and 2. The proposed stairs providing an exit from the basement along the north side of the garage cannot be used to provide access to a second a dwelling unit. (Zoning does not permit a second dwelling unit on the property.) Motion Carried. Voting Yes: Bloyer, Burt, Gainsley, Powers and Roberts. Voting No: None. 5. Old Business None 6. New Business None 7. Communications Commissioner Burt has requested from staff a new ordinance book. Ms. Tara Olson stated she will provide a new ordinance book at the next meeting. St. Louis Park City Council Meeting 062104 - 4d - BOZA Minutes of 4-22-04 Page 4 Mr. Morrison stated that staff would like to coordinate a Board of Zoning Appeals training for the Commissioners and introduce new staff. Also, if the Commission has any topics of interest please let staff know. Mr. Gainsley stated he would like to discuss subdivisions. 8. Miscellaneous None 9. Adjournment Commissioner Gainsley moved and Commissioner Powers seconded the motion for adjournment. The regular meeting of the Board of Zoning appeals adjourned at 7:22 p.m. Respectfully Submitted, Tara Olson Community Development Secretary St. Louis Park City Council Meeting 062104 - 4e - Housing Authority Minutes of 5-12-04 Page 1 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, May 12, 2004 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, and Judith Moore Commissioner Anne Mavity arrived at 5:10 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kathy Larsen, Kevin Locke and Michele Schnitker 1. Call to Order Commissioner Courtney called the meeting to order at 5:08 p.m. 2. Approval of Minutes for April, 2004 The April 14, 2004 minutes were unanimously approved with the following amendment to paragraph 6.c., changing the seventh sentence to read, “Commissioner Mavity moved for approval of the contract with Socon Construction in the amount of $42,645, along with a change order to include selected alternates in the amount of $73,432; the contract with Envirotech in the amount of $475 per unit; and the contract with DMJ Asphalt in the amount of $9,841.” 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Pilot Rehabilitation Program Update Ms. Larsen presented a slide show and books of “before and after” photographs to update the Board on the status of the Pilot Rehabilitation Program. Ms. Larsen stated that originally 170 single-family homes with exterior code violations were identified, and 30 additional homes were added throughout the course of the program. Of these 200 homes 172 are currently in compliance, 14 residents are involved in the formal complaint process, seven have work in progress to be completed by June, 2004, seven have volunteer work scheduled by July, 2004, and one property is a possible blight St. Louis Park City Council Meeting 062104 - 4e - Housing Authority Minutes of 5-12-04 Page 2 acquisition. Ms. Larsen added that staff recommends that this program continue on a four-year cycle. b. Discount Loan Program Contract Ms. Larsen provided the Board with an explanation of the Discount Loan Program. Commissioner Mavity moved to approve execution of the Contract for Discount Loan Program with the Center for Energy and Environment, and Commissioner Moore seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. c. Approval of Collection Loss Write-Off, Resolution No. 526 Ms. Anderson gave a brief overview of current collection losses totaling $7,930.09. Commissioner Mavity moved to approve Resolution No. 526, Resolution of the Housing Authority of St. Louis Park, Minnesota, Designating Damages, Unpaid Rents, and Other Charges as Collection Losses in the Public Housing Program. Commissioner Fillbrandt seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. d. Approval of Section 8 Management Assessment Program (SEMAP) Certification Ms. Schnitker explained the SEMAP Program, stating that the HA expected to receive a score of 99% for FYE 2004, retaining its high performer status. Commissioner Moore moved to approve execution and transmission of HUD Form 52648 SEMAP Certification, and Commissioner Fillbrandt seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. e. Approval of Action Plan Update – FYE 2005 Ms. Schnitker reviewed the Action Plan with the commissioners. After some discussion, the approval of the Action Plan Update was tabled until after the completion of the Housing Summit process. 7. Communications from Executive Director a. Claims List No. 5-2004 Commissioner Moore moved for ratification of Claims List No. 5-2004, and Commissioner Fillbrandt seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. b. Communications 1. Report on Housing Development in St. Louis Park/Tour – Judie Erickson Ms. Schnitker proposed a housing tour in July with the HA, City Council and Planning Commission; visiting Shelter+Care, Hamilton House, some scattered St. Louis Park City Council Meeting 062104 - 4e - Housing Authority Minutes of 5-12-04 Page 3 site public housing, Louisiana Court, home renewal properties, along with some of the development projects taking place in St. Louis Park. Ms. Erickson will present information on development projects at the June Board meeting. 2. Monthly Reports for May, 2004 3. Scattered-Site Houses and Hamilton House (verbal report) 4. Draft Financial Statement 8. Other – None 9. Adjournment Commissioner Mavity moved to adjourn the meeting, and Commission Moore seconded the motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor. The meeting was adjourned at 6:32 p.m. Respectfully Submitted, Anne Mavity, Secretary St. Louis Park City Council Meeting 062104 - 4g -2937 Boone Ave Encroachment Agmt Page 1 4g. Motion to authorize the Mayor and City Manager to execute an Encroachment Agreement with the Condons, 2937 Boone Avenue South, for use of City right-of- way for placement of a retaining wall. Background: The Condons own the single-family home at 2937 Boone Avenue South and wish to construct a retaining wall along the north side of their property which would encroach into the City’s right-of-way. The retaining wall would run alongside their new driveway eight feet into the City’s right-of-way. Analysis: City staff has reviewed this request and has found no conflicts with any public facilities at this time. The retaining wall is necessary because the Condons are moving their driveway, removing two existing retaining walls in the right of way, and need to maintain the grade of the land. The slope of the land in this area is very steep, and installing the retaining wall on private property would not be feasible. The applicant will maintain 2 feet of clearance between the retaining wall and the curb. The retaining wall will need to meet all zoning and building 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 which was drafted by the City Attorney will be used. 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 062104 - 6a - Silvercrest Properties PARB Page 1 6a. Public Hearing and preliminary approval for the proposed issuance of refunding bonds for Park Boulevard Towers Project on behalf of Silvercrest Properties. Recommended Action: Mayor to open and close Public Hearing. Motion to approve preliminary resolution for the proposed issuance of refunding revenue bonds in the approximate amount of $14,585,000, under Minnesota Statutes, Chapter 462C, as amended. Background: Silvercrest Properties, on behalf of Park Boulevard Towers Project, is requesting the City to issue Private Activity Revenue Refunding Bonds in an amount not to exceed $14,585,000. The original bonds were issued in 1985 and were used to finance acquisition, construction, and equip a 207-unit multifamily rental housing development located at 3663 Park Center Boulevard. In 1996, the 1985 bonds were refunded. On May 18, 2004, Silvercrest Properties, on behalf of Park Boulevard Towers Project, submitted application to the City to refund the 1996 bonds. City staff, as well as Kennedy & Graven, has reviewed the application and it appears to be in order. The appropriate application fee of $2,500 was received by the City. If the refunding bonds are approved, the City will continue to receive an administrative fee of 1/8th of 1% of the outstanding principal balance of the bonds. This amounts to approximately $18,230 per year. Next Steps and Timelines: If the Council approves the preliminary resolution, the next step will be to approve a final resolution on the July 6, 2004 City Council meeting. The bonds would then be scheduled to close on July 28, 2004 Recommendation: Staff recommends approval of the preliminary resolution approving the proposed issuance of Private Activity Revenue Bonds in the amount not to exceed $14,585,000. Attachment: Resolution Prepared By: Jean D. McGann, Director of Finance Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 062104 - 6a - Silvercrest Properties PARB Page 2 RESOLUTION NO. 04-075 GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF ONE OR MORE SERIES OF REVENUE BONDS, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $14,585,000, UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED BE IT RESOLVED by the City Council of the City of St. Louis Park (the “City”) as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments located within the City. 1.02. Pursuant to the terms of the Act, the City previously issued its Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Park Boulevard Towers Project), in the original aggregate principal amount of $17,000,000 (the “Series 1985 Bonds”). The proceeds derived from the sale of the Series 1985 Bonds were loaned to Park Boulevard Housing Limited Partnership, a Minnesota limited partnership (the “Prior Borrower”), and applied to finance acquisition, construction, and equipping of a 207-unit multifamily rental housing development now known as Parkshore Place and located at 3663 Park Center Boulevard in the City (the “Project”). 1.03. Pursuant to the terms of the Act, on April 1, 1996, the City issued its Multifamily Housing Revenue Refunding Bonds, Series 1996A (Park Boulevard Towers Project), in the original aggregate principal amount of $15,705,000 (the “Series 1996 Bonds”). The proceeds derived from the sale of the Series 1996 Bonds were loaned to the Prior Borrower and applied to the redemption and prepayment of the Series 1985 Bonds. 1.04. Ownership of the Project will be transferred from the Prior Borrower to Parkshore Senior Campus, LLC, a Minnesota limited liability company (the “Owner”), on or before the date of issuance of the proposed revenue bonds to be issued to refinance the Project. The Owner has requested that the City: (a) issue its Multifamily Housing Variable Rate Revenue Refunding Bonds (Parkshore Senior Campus Project), Series 2004 (the “Bonds”), in the approximate original aggregate principal amount of $14,585,000, pursuant to the terms of a Trust Indenture, to be dated as of July 1, 2004 (the “Indenture”), between the City and U.S. Bank National Association, as trustee (the “Trustee”); and (b) loan the proceeds derived from the sale of the Bonds to the Owner pursuant to the terms of a Financing Agreement, to be dated as of July 1, 2004 (the “Financing Agreement”), between the City, the Owner, and the Trustee. The proceeds of the Bonds are to be applied to the redemption and prepayment of the outstanding Series 1996 Bonds. 1.05. Under applicable provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the “Code”), as a condition to the issuance of the Bonds as obligations the interest on which is excludable from gross income for federal income tax purposes, it is necessary that the City conduct a public hearing with respect to the issuance of the Bonds and the refinancing of the Project. The public hearing must be preceded by the publication of a notice of the public hearing in a newspaper of general circulation in the City at least fourteen (14) days prior to the date of the public hearing. St. Louis Park City Council Meeting 062104 - 6a - Silvercrest Properties PARB Page 3 1.06. Prior to consideration of this resolution, the City Council of the City conducted a public hearing with respect to the proposal to issue the Bonds and to refinance the Project for the benefit of the Owner. A notice of the public hearing was published in a newspaper of general circulation in the City at least fourteen (14) days prior to the date of the public hearing in accordance with the requirements of Section 147(f) of the Code. Section 2. Preliminary Approval Granted. 2.01. The issuance of the Bonds to redeem and prepay the Series 1996 Bonds is hereby granted preliminary approval subject to the mutual agreement of the City, the Owner, and Piper Jaffray & Co., as the original purchaser of the Bonds (the “Original Purchaser”), as to the details of the Bonds and provisions for their payment. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City except the City’s interest in the Financing Agreement, and the Bonds, when, as, and if issued, shall recite in substance that the Bonds, including interest thereon, are payable solely from the revenues derived from the Project and other revenues, property, or other security pledged to the payment thereof pursuant to the terms of the Indenture, and shall not constitute a general or moral obligation of the City. 2.02. The law firm of Kennedy & Graven, Chartered is authorized to act as bond counsel and to assist in the preparation and review of necessary documents relating to the Project and Bonds issued in connection therewith. The Mayor, City Manager, and other officers, employees, and agents of the City are hereby authorized to assist bond counsel in the preparation of such documents. 2.03. The Owner has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project. The Owner has also agreed to pay the administrative fee of the City in the event the Bonds are issued. 2.04. All commitments of the City expressed herein are subject to the condition that by January 1, 2005, the City, the Owner, and the Original Purchaser will have agreed to mutually acceptable terms and conditions of the Financing Agreement, the Indenture, the Bonds, and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution will expire and be of no further effect. 2.05. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Owner. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1.04 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption. (Signature Block) St. Louis Park City Council Meeting 062104 - 8a - Fire Captain Personnel Manual Changes Page 1 8a. Resolution approving changes to the Personnel Manual in sections relating to Fire Shift Supervisors: Fire Captain Recommended Action: Motion to adopt resolution approving sections relating to fire shift supervisors: fire captain in the Personnel Manual Purpose To approve changes in the Personnel Manual, deleting the language relating to Battalion Chief working shifts and adding language relating to our new positions of shift supervisors: Fire Captain. Background The Fire department needs to make a change to the organizational structure of the supervisory staff. In 2003, we changed the schedule of Battalion Chiefs from shift supervisors working at each station to handling more administrative management functions in the fire office. With this change, comes a need for shift supervisors. It was determined that a new position of Fire Captain, with full supervisory authority, be created to work shifts. It is planned that we will have 3 Fire Captain positions. The Fire Captain will be responsible for the supervision and readiness of the personnel, vehicles and equipment assigned. The Fire Captain will receive direction from and reports to a Battalion Chief. The Fire Captain is responsible for and reports on all shift or work group activities, performance and accomplishments. During emergencies, the Fire Captain will assume command until relieved by a superior officer and will direct emergency operations as assigned by command. Funds are available for this change in the organization utilizing existing dollars. By restructuring the Battalion Chief position and the Deputy Chief position, we are able to redirect funds to create the Fire Captain positions without a budget increase. With these being internal promotions, additional personnel will only need to be hired to fill the positions vacated by the promotion. The addition of Fire Captains to our structure will not increase overall staffing levels. We have met with Fire Civil Service on the Fire Captain position and received all necessary approvals from this commission as needed for recruitment. In order for us to move ahead, changes are needed in our personnel manual spelling out the terms and conditions of this shift supervisor position. We need to add language allowing for Fire Captain Shift Supervisors who work 24 hour shifts. We also need to delete outdated language relating to Battalion Chiefs working shift. On May 17th 2004, the City Council directed staff to obtain an opinion from an employment expert regarding the final version of the Fair Labor Standards Act (FLSA) as it relates to our new Fire Captain. The final version of the Fair Labor Standards Act (FLSA) was published in April 2004, and is expected to be effective August 2004. There are a number of changes in the FLSA including some interesting opinions from Department of Labor regarding first responders and overtime. St. Louis Park City Council Meeting 062104 - 8a - Fire Captain Personnel Manual Changes Page 2 Employment Law Consultation Tom Harmening City Manager, Luke Stemmer Fire Chief and I met with Attorney Ellen G. Sampson from Leonard, Street and Deinhard on June 9th. Ms. Sampson is recognized in the field as an expert in Employment Law and consults with public and private sector clients on the FLSA. Ms. Sampson reviewed the Fire Captain job description and discussed the position with our Fire Chief. The following were the main points considered when reviewing the Fire Captain position: • Fire Captain will be required to act as a first responder as needed or directed by the Fire Chief. • Position will have the full supervisory authority under PELRA as follows: Fire Captains shall have the authority to transfer employees between work shifts and stations, discipline and suspend employees for just cause, assign work, reward employees, direct the work of employees, and adjust grievances of employees under their supervision. • Position is structured to work as a supervisor at the station and will work a 24 hour shift. • Position will report to the Battalion Chief. Upon discussion with the consultant and review of the Fire Captain position, FLSA regulations and the U. S. Department of Labor fact sheet on First Responders, it was recommended that the new Fire Captain position be classified as non-exempt (eligible for overtime). On June 14, 2004, we discussed the Fire Captains and re-organization with Council. The Council directed staff to proceed. Recommendation It is recommended that Council approve the attached resolution for removal of the old language relating to Battalion Chief and adds new policy language regarding Shift Supervisors: Fire Captain to the personnel manual. Prepared by: Nancy Gohman, Director of Human Resources Approved by: Tom Harmening, City Manager Attachments: Resolution St. Louis Park City Council Meeting 062104 - 8a - Fire Captain Personnel Manual Changes Page 3 RESOLUTION NO. 04-076 RESOLUTION APPROVING SECTIONS RELATING TO FIRE SHIFT SUPERVISORS: FIRE CAPTAIN IN THE PERSONNEL MANUAL WHEREAS, The City Council wishes to adopt policies which ensure adequate compensation, leave and benefits for city employees and which protect the ethical standards of the City of St. Louis Park; and WHEREAS, The City Council has conferred upon the City Manager the power to establish and administer additional administrative policies and rules as may be appropriate to administer the employment practices of the City. NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of the City of St. Louis Park hereby adopts the policies relating to Fire Shift Supervisors: Fire Captain (attached as Exhibit A) to be added to the personnel manual; and LET IT BE FURTHER RESOLVED THAT, Section VII relating to Fire Department Shift Supervisors adopted by Council Resolution No. 01-078 be deleted and replaced by the new policies relating to Fire Shift Supervisors: Fire Captain (attached as Exhibit A). Reviewed for Administration: Adopted by the City Council , 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 8a - Fire Captain Personnel Manual Changes Page 4 APPENDIX A CITY OF ST LOUIS PARK FIRE SHIFT SUPERVISORS: FIRE CAPTAIN Fire Department Shift Supervisors: Fire Captain General rule Shift supervisors generally work 24 hour shifts, unless otherwise determined by the fire chief. Schedules are determined by the fire chief. Shift supervisors currently work 56 hours a week which gives a 1.4 relationship (56/40 = 1.4). The general rule to use for conversions is the 1.4 ratio. In general, Shift Supervisor, Fire Captains will receive the same level of benefits provided in the Personnel Manual for other employees with similar FLSA classification as approved by the City Manager. Conversion should be done to ensure the 56 hour week is equivalent to a regular 40 hour work week. Flex leave – Fire department shift supervisors Fire department shift supervisors working 24 hour shifts have a flex leave accrual based on the flex leave program for day employees. Shift supervisors benefits are determined by the relationship between their hours worked per week and a 40 hour work week. Currently, shift supervisors work 56 hours a week which gives a 1.4 relationship (56/40 = 1.4). The accrual amount for shift supervisors, based on years of employment with the city is as follows: A. Fire department shift supervisors flex leave accrual Years of service Hours off Start through 4 269 5 through 10 325 11 336 12 347 13 358 14 370 15 381 B. Flex leave cap Fire department shift supervisors may carry over two times your annual flex leave accrual plus 224 hours as of the first pay day in September of each year. Flex leave above the cap will be forfeited. Flex leave years of service First pay day in September Accumulation cap in hours Start through 4 762 5 through 10 874 11 896 Flex leave years of service First pay day in September Accumulation cap in hours St. Louis Park City Council Meeting 062104 - 8a - Fire Captain Personnel Manual Changes Page 5 12 918 13 940 14 964 15 986 C. Annual cash-out of accumulated flex leave Fire department shift supervisors may cash out a portion of your flex leave accrual. The cut-off is the first payroll date of September of each year and is paid based on the employee’s current rate of pay. Cash out occurs in October. To be eligible to cash out time employees must have, at a minimum, an accumulated flex leave balance of two times the annual accrual plus 224 hours. Cashing out is limited to 56 hours of accumulated flex leave above the accumulation cap. Any flex time above that is forfeited. D. Flex leave – severance At the time of separation from the city, if the employee leaves in good standing along with a minimum of a 2 week written notice, the employee will receive 100% of their flex leave balance not to exceed flex leave cap listed above. In no instance shall severance exceed this total amount. E. New employees – fire department shift supervisors New full-time employees hired with the city (not previously working for the city) will begin with a flex leave accumulation of 34 hours and earn flex leave according to the above schedule flex leave accrual for use as needed. These 34 hours are part of the total accrual for their first year of employment. Probationary employees are allowed to use flex leave as it accrues. The city manager will develop policies relating to use of flex leave and transition from the sick leave program to flex leave. F. Flex leave request Request for flex leave must be in accordance with department policy as determined by the fire chief. Planned leave greater than 9 continuous work days require the city manager’s approval. G. Holiday Fire department shift supervisors receive 112 hours of holiday time off from the annual work requirement. Holiday time may all be used at the beginning of the year, and, if an employee leaves the city, they must pay back holiday time not earned. Holiday time does not carry over from year to year. A shift fire captain on the flex leave program who is on duty working on a holiday, shall be compensated on the basis on 1 ½ time the regular rate of pay by cash or compensatory time for actual hours worked on the calendar date of holiday listed in the personnel manual. St. Louis Park City Council Meeting 062104 - 8b - Alley Construction at 42nd Ave & Ottawa Page 1 8b. Construction of an Alley at 42 St. W and Ottawa Ave 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 July 19, 2004. Background: In the Fall of 2003, residents of 5 homes on the east side of the 4200 block of Ottawa Avenue submitted a petition to the City requesting that an alley be constructed behind their homes in accordance with the City’s standard for alleys. The proposed alley will run behind 8 homes on Ottawa Avenue starting at 42nd Street then south. The petition was signed by enough property owners (62%) to advance the project. The City’s policy states that at least 51% of the properties must sign the initial petition. Council accepted the petition at its November 3, 2003 meeting and directed staff to prepare preliminary plans and study the feasibility of the project. The west side of the proposed alley will abut the rear property of the homes on Ottawa Avenue while the east side will abut city property. This is a unique situation where no previous alley exists nor has right-of-way been reserved for an alley. Instead the alley will be constructed on the vacant city land behind these homes. 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 portion of land. In this case, the city would be responsible for 50% of the entire cost of the alley. Public Involvement Process: A neighborhood meeting was held on April 14, 2004 to provide information on the possible construction. The meeting attracted about 20 of the surrounding property owners. Staff presented an overview of the project and then talked about the special assessment process along with the associated costs to the benefiting properties. An open question and answer forum followed. Staff recorded the comments and the property owners also provided staff with written comments. Feedback was mixed with property owners who were both in favor of the project and those who were opposed. Staff provided Council a written summary of the meeting including the property owner’s comments. Staff then arranged a Council Study Session to seek input and direction from the Council on the petition. The property owners were invited to attend the May study session. Council felt that this was an appropriate use of city property and agreed to consider that since city property will abut one side of the alley, the city should be responsible for 50% of the costs of construction. Council also directed staff to examine the benefit split between indirect and direct benefit. Since this project is for construction of an alley, where no previous gravel alley existed, Council thought there could be some consideration given to reducing the indirect benefit, since such things as dust, mud and noise are not reduced from the previous condition. However, Council did feel that benefit was gained by having fewer cars on the street thereby allowing for better snow removal. St. Louis Park City Council Meeting 062104 - 8b - Alley Construction at 42nd Ave & Ottawa Page 2 Analysis: The City’s standard design for alley construction includes six (6)-inch thick concrete pavement, 10 feet in width. In addition to this, 12 inches of lightweight crushed gravel will be placed beneath the concrete for soils correction. Private driveways and apron connections to the alley will be the responsibility of the property owner. Pavement grades will be established to provide positive drainage without requiring additional storm sewer construction. 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. (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. 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 $68,000. A summary of the estimated costs and revenue sources is as follows: Estimated Costs: Construction Costs $ 49,650 Engineering & Administrative (12%) $ 5,950 Contingencies (25% for soil corrections) $ 12,400 TOTAL $ 68,000 Revenue Sources: Special Assessments $ 34,000 Permanent Imp. Revolving Fund $ 34,000 TOTAL $ 68,000 St. Louis Park City Council Meeting 062104 - 8b - Alley Construction at 42nd Ave & Ottawa Page 3 Based on the total costs, an estimate of the assessment amount for each property is shown on the attached spreadsheet. The spreadsheet has four alternatives where the direct/indirect benefit percentages change between 70/30 and 85/15. These alternatives are shown in the last four columns of the spreadsheet. Staff recommends following the City’s policy on alley paving, where the direct benefit is 70% and the indirect benefit is 30%, because they do not feel that there are enough mitigating circumstances to warrant changing the percentages. The City will pay 50% of the cost to construct the alley or $34,000. Public Works does not have a budget set for this project in the 2004 CIP since the petition came late in 2003. Staff recommends using the Permanent Improvement Revolving Fund to fund this project. There are adequate funds available to cover the city’s share of the costs. Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council June 21, 2004 • City Council holds Public Hearing & Assessment Hearing July 19, 2004 • Advertise for bids Late July, Early August • Bid Opening August 19, 2004 • End of 30 Day Appeal on Assessments August 19, 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 September 7, 2004 • Construction October, 2004 Feasibility: The project, as proposed herein, is cost-effective and feasible under the conditions noted and at the costs estimated. Attachments: Resolution Property owner list with estimated assessments Location Map (supplement) Construction Plan Sheet (supplement) Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Maria Hagen, City Engineer Michael P. Rardin, Public Works Director Bruce Stepnick, City Assessor Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 062104 - 8b - Alley Construction at 42nd Ave & Ottawa Page 4 RESOLUTION NO. 04-077 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AN ALLEY CONSTRUCTION PROJECT, PROJECT NO. 04- AND SETTING A PUBLIC HEARING AND ASSESSMENT HEARING DATE OF JULY 19, 2004 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to alley construction in the 4200 block of Ottawa 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 construction of an alley in the 4200 block of Ottawa is hereby accepted. 2. This proposed alley construction project is hereby established. 3. A public hearing shall be held on such proposed improvements on the 19th day of July, 2004, in the Council Chambers of the City Hall at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Reviewed for Administration: Adopted by the City Council June 21, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 8b - Alley Construction at 42nd Ave & Ottawa Page 5 Estimated Cost: $68,000. 70% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) (A) Direct Benefit: 240 total footage and $99 per front foot (B) Indirect Benefit: 390 total footage and $61 per front foot. Direct benfit - Indirect benefit split 70% - 30%75% - 25%80% - 20%85% - 15% total $34,000.00 $34,000.00 $34,000.00 $34,000.00 direct $23,800.00 $25,500.00 $27,200.00 $28,900.00 indirect $10,200.00 $8,500.00 $6,800.00 $5,100.00 Total Total Total Total 30%Indirect 70%Direct Direct &Direct &Direct &Direct & Address Ind feet % Indirect Allocation Dir feet % Direct Allocation Indirect Indirect Indirect Indirect 4201 Ottawa Ave. S.58 14.87 $1,517 0 0.00 $0 $1,517 $1,263 $1,011 $758 4205 Ottawa Ave. S.52 13.33 $1,360 0 0.00 $0 $1,360 $1,133 $907 $680 4211 Ottawa Ave. S.40 10.26 $1,046 0 0.00 $0 $1,046 $872 $697 $522 4215 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013 $5,122 $5,231 $5,340 4219 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013 $5,122 $5,231 $5,340 4225 Ottawa Ave. S.60 15.38 $1,569 60 25.00 $5,950 $7,519 $7,683 $7,846 $8,010 4229 Ottawa Ave. S.60 15.38 $1,569 60 25.00 $5,950 $7,519 $7,683 $7,846 $8,010 4233 Ottawa Ave. S.40 10.26 $1,046 40 16.67 $3,967 $5,013 $5,122 $5,231 $5,340 CITY $34,000 $34,000 $34,000 $34,000 total 390 100 10,200 240 100 $23,800 $68,000 $68,000 $68,000 $68,000 ********* Indirect ******************** Direct ********** St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 1 8c. Proposed Amendments to St. Louis Park Ordinance Code relating to Zoning to eliminate stand alone motor fuel stations as a conditional use in the General Industrial District, clarifying the temporary structure ordinance, clarifying restaurant conditions in the Office District, and requiring tree protection standards during construction activities. Case Nos. 04-22-ZA Recommended Action: Motion to approve 1st reading of the ordinance amending Sections 36-223 (Office District), 36-244 (General Industrial District), 36-82 (Temporary Structures) & 36-81 (Tree Preservation) as recommended by the Planning Commission, and set second reading for the July 6th City Council meeting. Background: In the process of daily administering the zoning code, staff is required to analyze many diverse land use applications and answer numerous questions. During this process, issues arise where some areas of the code seem inconsistent or ambiguous. Whenever these issues arise, staff makes an effort to rectify or simplify the code language. Planning Commission Action: The Planning Commission conducted a public hearing for this application at its May 19, 2004 meeting, and no one from the community was at the meeting to speak. On a 4-0 vote, the Planning Commission recommended the City Council approve the proposed amendment as recommended by staff, with the request that staff verify whether the addition of elm trees for nontoxic tree dressing should be added to Section 36-81(e)(5) before Council review. Staff has consulted with the City Forester, and concluded that the additional clarification of elm trees should be added, as recommended by the Planning Commission. (See below) Analysis: The following is a brief description of the proposed changes: 36-223(d): (Office District – Conditional Uses: Conditions For A Restaurant With Liquor) Currently only about 3% of the City’s land area is designated as “Office”, therefore, it is the intent of the Office District to provide an area where opportunities for high-density office development can occur. It is also the intent of the office district that along with high-density office, other uses supporting office uses could occur. These supporting uses include retail and restaurant uses, and are to be designed into the office complex as part of a PUD. The intent of the office district is not to allow stand alone retail and other general commercial uses that are typically found in a commercial district. Currently, restaurants with liquor are permitted in the Office district provided they are part of a larger development which is in keeping with the intent of the district. There is also, however, a St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 2 provision that states “If the land upon which the restaurant with intoxicating liquor license is to be located is immediately adjacent to and is able to share parking with an office building, it shall be deemed to have complied with this condition.” Staff feels that this provision is not in keeping with the intent of the district since it offers broad interpretation to its application and could allow for stand-alone restaurants where only a few parking spaces are shared. Therefore, staff is proposing that it be eliminated. In the Office district, restaurants without intoxicating liquor licenses are currently allowed only if part of a larger development which contains at least one other principal use or as part of a PUD, which staff feels is consistent with the intent of the Office district. This amendment, if approved, would treat restaurants with intoxicating liquor licenses in the same manner. There currently are four stand alone restaurants in the office district, Chili’s, Olive Garden, TGI Friday’s & Santorini’s. Chili’s & Olive Garden are located on the same parcel owned by Duke, Weeks. This parcel is part of a master plan for that area that identifies these restaurants as interim uses. It is anticipated that they will be replaced by an office complex at some time in the future. TGI Friday’s is currently leasing land from the adjacent office building and shares parking with the office use. In this regard, it currently meets code. If the proposed amendment is approved, then any attempts to split the land so TGI Friday’s and the office building would be on separate parcels could only be accomplished if it was approved under a PUD. TGI Friday’s has expressed an interest in splitting the property, and may come forward with an application in the future. Santorini’s is currently non-conforming to the code because it is a stand alone restaurant in the Office district and is not part of a larger office complex or PUD, and does not share parking with an office use. The proposed amendment, if approved, would not change the non-conforming status of the property. 36-244(d) & (e): (General Industrial District – Conditional Uses & Accessory uses) This proposed amendment removes motor fuel stations from the list of uses allowed by conditional use permit in the General Industrial District and includes it in the list of uses allowed as an accessory use. This provision, if approved, will not allow a gas station that is open to the public within the General Industrial District. It will, however, allow industrial uses to have fuel stations for their fleet vehicles only, and cannot be open to the public. Staff believes that a gas station that is open to the public is best suited to a commercial district where improvements have been, or are planned to be made, to accommodate the high volume of traffic generated by these types of uses. Staff also believes that the commercial districts offer the convenience and visibility needed for these uses, and that industrial property within St. Louis Park is limited, and should be reserved for strictly industrial uses that provide a variety of jobs and tax base. The recently approved gas station at Sam’s Club is the only motor fuel station that is effected by this provision. St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 3 36-36-82(b)(1) & (3): (Temporary Structures) Staff has received several complaints regarding temporary structures being used to house vehicles and store equipment. These structures or canopies are large tents, typically 12 x 18 or greater, and are readily available at most home improvement centers. Some properties use these tents year round, others use them during the winter to create a garage in the driveway. Currently, temporary structures are allowed in all districts for up to six months. Staff recommends amending the ordinance to allow temporary structures used for storage of vehicles, equipment and other household items for no more than 14 days per calendar year on residentially zoned and used parcels. 36-81(e) & (f): (Tree Preservation & Penalties for violation) Tree Preservation: If approved, this proposed amendment would require orange fencing around significant trees and woodlots identified to be saved during a construction project, together with a sign identifying the area as a preservation area. The intent of this amendment is to protect the trees from construction related activities. Penalties for Violation: The current penalty for violation to the tree preservation ordinance covers only those trees on public property. Staff is proposing to extend the penalty to any tree on public or private land that is visibly damaged, or has a root system that has been damaged. If approved, the damaged tree would be replaced in accordance to the existing replacement formula found in Section 36- 81(c)(2)b for private trees or on a caliper inch per caliper inch basis for public trees. Recommendation: The Planning Commission recommends approval of the attached ordinance amending Sections 36-223, 36-244, 36-82 & 36-81. Attachments: 1. Proposed ordinance. Prepared By: Gary Morrison, Asst. Zoning Administrator 952-924-2592 gmorrison@stlouispark.org Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 4 ORDINANCE NO. _________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 36 (ZONING) OF THE ST. LOUIS PARK CODE RELATING TO MOTOR FUEL STATIONS, TEMPORARY STRUCTURES, RESTAURANTS IN THE OFFICE DISTRICT AND TREE PROTECTION THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-22-ZA) Section 2. The St. Louis Park Ordinance Code, Section 36 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Section 3. Section 36-223(d) is amended as follows: (2) Restaurants with intoxicating liquor license. The conditions are as follows: a. Restaurants with intoxicating liquor licenses shall be permitted only as part of a larger development which contains at least one other principal use or as part of a PUD. If the land upon which the restaurant with intoxicating liquor license is to be located is immediately adjacent to and is able to share parking with an office building, it shall be deemed to have complied with this condition. Section 4. Section 36-244(d) is amended as follows: (1) Motor fuel station. The conditions are as follows: a. A bufferyard F shall be constructed along all lot lines abutting an R district. The bufferyard shall include an F6 wall as described under section 36- 364 which shall be adequately maintained. Application of this provision shall not require a wall within the required front yard. b. All pump islands, air dispensers and other service devices shall be installed toward the interior of the lot at least 12 feet from the required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight feet will be installed in the required yard. St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 5 c. All parking and paved areas shall meet the grading, design, and landscaping requirements of section 36-361. d. All on-site utility installations shall be placed underground. e. No outside sales or display shall be permitted except for goods consumed in the normal operation of a car such as oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries, and other such products shall not be sold or displayed in any required yard nor shall the total display of any one or any combinations of such products occupy more than 150 square feet in area or more than five feet in height. No other vehicular parts and nonautomobile- oriented goods shall be displayed or sold outside. f. Canopy and canopy support systems shall be constructed using architectural design and materials which are compatible with the principal structure. g. No sound generated on the site by any means including a public address system shall be audible from any R district. h. Modification of the requirements of this section may be made for service stations in existence on the effective date of the ordinance from which this chapter is derived, if the city council finds that, because of the shape of the lot, size of the lot, the location of the principal building on the lot, or similar circumstances, it would be impossible to satisfy the strict terms of this section or that they could be satisfied only by imposing exceptional or undue hardship upon the owner of the lot. Section 5. Section 36-244(e) is amended as follows: (9) Motor fuel station. Subject to the following conditions: a. The motor fuel station shall be for fleet vehicle use only, and shall not be open to the public. b. A bufferyard F shall be constructed along all lot lines abutting an R district. The bufferyard shall include an F6 wall as described under section 36- 364 which shall be adequately maintained. Application of this provision shall not require a wall within the required front yard. c. All pump islands, air dispensers and other service devices shall be installed toward the interior of the lot at least 12 feet from the required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight feet will be installed in the required yard. St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 6 d. All parking and paved areas shall meet the grading, design, and landscaping requirements of section 36-361. e. All on-site utility installations shall be placed underground. f. Canopy and canopy support systems shall be constructed using architectural design and materials which are compatible with the principal structure. Only incidental regulatory signage may be permitted on the canopy and canopy support systems. g. No sound generated on the site by any means including a public address system shall be audible from any R district. h. Modification of the requirements of this section may be made for businesses in existence on the effective date of the ordinance from which this chapter is derived, if the city council finds that, because of the shape of the lot, size of the lot, the location of the principal building on the lot, or similar circumstances, it would be impossible to satisfy the strict terms of this section or that they could be satisfied only by imposing exceptional or undue hardship upon the owner of the lot. This section shall not be interpreted to allow public use of the motor fuel station. Section 6. Section 36-82(b)(3) is amended as follows: a. Temporary construction structures are regulated under Section 36- 82(b)(1). b. Temporary structures shall not be permitted for a period of time exceeding six months per calendar year, except that temporary structures used for the storage of vehicles, equipment or other household items shall not be permitted for more than 14 days per calendar year on any parcel that is zoned residential and used or subdivided for residential. Section 7. Section 36-81(e) is amended as follows: (1) Before any construction or grading of any development project occurs, orange “safety fence” at least four feet in height, and staked with steel posts no less than every five feet or erosion control fencing shall be placed around the dripline borders of woodlots and or the drip lines of significant trees to be preserved. Signs shall be placed along this fence line identifying the area as a tree protection area, and prohibiting grading beyond the fence line. This fence must remain in place until all grading and construction activity is terminated *** (5) Pruning of oak and elm trees must not take place from May 1 April 15 through July 31. (As per Ordinance 2257-03) If wounding of oak or elm trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators must have a nontoxic tree wound dressing with them on the development site. St. Louis Park City Council Meeting 062104 - 8c - Misc. Ordinance Amendments Page 7 Section 8. Section 36-81(f) is amended as follows: (f) Penalties for violation. Any tree not exempted by Section (c)(2)a of this section that is visibly damaged or has a root system that has been driven on causing soil compaction or the soil within the root zone has been compacted in any way, shall be replaced in accordance to the tree replacement formula found in section (c)(2)b. of this section, or as per Section (b)(2) of this section for public trees. Also, aAny person who is not authorized by the city who removes any tree from any public property without first obtaining a permit and any person who fails to replace trees in the manner provided in this subsection shall, in addition to the criminal penalties prescribed by law, be required to pay to the city the estimated cost of tree replacement in the amount determined by the city. Upon determination that this has occurred, the city shall submit a bill for the amount of tree replacement. If that amount is not received by the city within 90 days, such amount shall be assessed as a special assessment on any land owned by the person violating this chapter which is located in the city. Section 9. The contents of the Planning Case File No. 04-22-ZA is hereby entered into and made part of the public hearing record and the record of decision for this case. Section 10. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this ______ day of ____________, 2004, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey W. Jacobs, Mayor ATTEST: ____________________________ Cynthia Reichert, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 1 8d. Request by Charles Stinson for preliminary and final plat approval for Biltmore Addition with a petition to vacate a utility easement. Case Nos 03-78-S, 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended Action: • Motion to adopt a resolution approving the preliminary and final plat and variance for Biltmore Addition as requested in the January 2004 application (03-78-S), subject to conditions as stated in the resolution. • Motion to approve First Reading of the proposed ordinance vacating the utility easement at 2545 Huntington Avenue South. • Motion to adopt a resolution denying the preliminary and final plat for Biltmore Addition, submitted March 2004 (04-12-S), based upon the findings set forth in the resolution. Background: In December 2003, Charles Stinson, submitted an application requesting a preliminary and final plat with a variance to the subdivisions corner lot width requirement for the above property. This application proposed three rectangular shaped lots. On January 21, 2004, the Planning Commission held a public hearing on that proposal, heard testimony from residents, and voted 4- 0-1 to recommend denial of the variance and preliminary and final plat. Subsequently the applicant requested this application be put on hold, indefinitely, while other options are considered. In March, 2004, Charles Stinson submitted an alternative request for preliminary and plat approval without a variance. This application proposed one rectangular shaped lot and two triangular shaped lots with a diagonal side lot line between them. On April 7, 2004, the Planning Commission held a public hearing on the 3-lot subdivision with a diagonal lot line 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. On June 7, 2004, the City Council directed staff to prepare a resolution to deny the proposed three lot plat with diagonal lot line from the corner (March 2004 application). The Council also directed staff to prepare a resolution to approve the original three lot rectangular plat and vacation request with two lots fronting on Huntington and one lot off of France, with rectangular lots lines and variance for a reduced corner lot width with the following conditions: • Limit the ground floor area on Lot 2 so that it is equal to or less than 25% • Prohibit driveway access onto 26th Street. • Protect traffic sight lines • Other conditions as recommended by staff St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 2 Since the Council meeting the applicant has stated to staff that they are willing to meet with the neighborhood regarding design guidelines for the three properties. Project Summary: Zoning: R1, Single-Family Residential Comprehensive Plan Designation: Low Density Residential RECTANGULAR 3 LOT SUBDIVISION Lot 1 Lot 2 Lot 3 Lot Area Required 9,000 sq. ft 9,000 sq. ft 9,000 sq. ft Lot Area Proposed 9,417 sq. ft 9,670 sq. ft 12,552 sq. ft Lot Width Required 75 feet 85 feet 85 feet Lot Width Proposed 75 feet 75’ 3” feet 85 feet Lot Density- Maximum Permitted 5 units per acre 5 units per acre 5 units per acre Lot Density Proposed 4.55 units per acre 4.55 units per acre 3.45 units per acre The applicant is applying for preliminary and final plat approval to split the above property into three single-family parcels with a variance from the subdivision ordinance’s minimum width requirement for a corner lot for one of the lots. The existing property is approximately 32,347 square feet. The subdivision proposes to divide the single-family parcel into three rectangular lots. The largest is proposed at the corner of France and 26th St with driveway access off of France Ave in a location similar to the existing driveway. The other two are proposed to front on Huntington Ave each with driveway access to this street (See attached site plan). A portion of the existing property encroaches into the intersection at France Ave and 26th St, this is proposed to be dedicated as street right-of-way. Sidewalks are proposed along all 3 street frontages, including a 5 foot sidewalk along Huntington Avenue and 26th Street and a 6 foot sidewalk along France Ave. Since the proposed replatting does involve creation of two additional lots park and trail land dedication or a cash contribution to the City’s park fund will be required. The Park and Recreation Board recommended the land dedication be waived in favor of a cash contribution in the amount of $2025.00. The developer is requesting to vacate an existing utility easement that runs north/south through the center of the existing parcel and replace it with new drainage and utility easements along the new lot lines. There are no utilities located within the existing easement St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 3 The tree preservation plans and tree replacement proposal have been submitted. It appears tree replacement requirements have been met, however some corrections to the tree replacement calculations need to be made on the final plan (i.e. tree replacement requirements must be calculated separately for trees removed from public vs. private land) and some adjustments may need to be made to ensure trees do not interfere with site lines. Conditions have been added to the resolution stating final plans must be approved by the Zoning Administrator. The property is zoned R-1, Single Family Residential. Final building and site plans will have to be submitted with the building permit application and will have to be approved by the Zoning Administrator as meeting all ordinance requirements including setbacks, height, usable open space, etc. The plans will also have to meet the variance conditions stated in the resolution which include limitations on the ground floor area of Lot 2, restricting driveway access to Huntington and France Avenue only, providing clear traffic sight lines, and other conditions as recommended by staff. Staff did evaluate the general R-1 district and other residential standards and included those that are applicable and appropriate in the attached resolution. Staff has also recommended several conditions related to the plat itself in the attached resolution. In addition, staff is recommending that the following variance conditions also be added: • The height of the home on Lot 2 shall be limited to 2 stories or 25 feet, whichever is less. • The height of walls, fences, structures, trees, shrubs, vegetation or other obstruction be regulated within a “sight triangle” that extends 50 feet from the curb intersection at Huntington Ave. and 26th St (per ordinance standards) and that this “sight triangle be increased to extend to 70 feet from the intersection at France Ave and 26th Street (this is recommended as a condition to the Plat – see condition h(v) in the attached resolution of approval). Visibility cannot be obstructed between a height of 2 ½ feet and 5 feet above the ground. • The street side yard setback (the yard along 26th Street) must be a minimum of 15 feet. • The required 600 square foot open lot area (open space) cannot be located within a front yard or street side yard abutting a street. The ordinance requires this to be located within the rear yard or interior side yard. In addition, buildings, driveways, outdoor storage, and parking spaces cannot be within the open lot area; and, pools cannot occupy more than 50% of the open lot area. • The height of retaining walls must be minimized via terracing where feasible. The code permits retaining walls to be located within required yards provided they are necessary to correct grade differences. Attachments: Resolutions Site Plan of January 2004 Rectangular Plat (supplement) Prepared by: Julie Grove, Associate Planner Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 4 RESOLUTION NO. 04-078 RESOLUTION GRANTING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF BILTMORE ADDITION WITH VARIANCE TO THE SUBDIVISION ORDINANCE FOR CORNER LOT WIDTH REQUIREMENT BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Biltmore Land Group, LLC, owner and subdivider of the land proposed to be platted as Biltmore Addition has submitted an application for approval of preliminary and final plat of said subdivision with variance to the subdivision ordinance requirements for a reduced corner lot width (Sec. 26-152(b)(2)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City’s Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lots 4, 5, 6, 7, Block 6, Basswood 4. The property is zoned R-1 with a minimum lot size of 9,000 square feet. 5. The proposed lots are the following size: Lot 1, 9,417 square feet; Lot 2, 9,760 square feet; and Lot 3, 12,552 square feet. 6. The total square footage of the three lots is 31,729, which exceeds the combined minimum lot size of 27,000 square feet by 4,729 square feet. 7. The property has three street frontages, creating a situation where there are two corner lots in a three-lot subdivision. 8. Subject to the conditions set forth below, granting a variance to the 85 foot corner lot provision will allow the reasonable use of the property for a three-lot subdivision and still provide the protection to the public health, safety and welfare provided by this corner lot requirement. 9. Granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the property is situated, or be contrary to the intent of the Comprehensive Plan. St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 5 Conclusion 1. The proposed preliminary and final plat of Biltmore Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variance is approved from the subdivision ordinance for a 75 foot 3 inch wide corner lot (Lot 2) at the corner of Huntington Ave and 26th Street W., as shown on the Final Plat, based on the findings set forth above. b. The plat and variance are subject to the following conditions: i) The ground floor area ratio of Lot 2, must be equal to or less than .25; ii) There shall be no driveway access onto 26th Street from any lot; iii) Visibility from the Huntington Ave and 26th Street intersections shall be unobstructed above the height of 2 ½ feet and below a height of five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines to the two streets, and extending a distance of 50 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the sides described above; iv) The principal building height on Lot 2 must not exceed 2 stories or 25 feet, whichever is less; v) The side yard of Lot 2 abutting 26th Street shall not be less than 15 feet in width; vi) Lot 2 must contain at least 600 square feet of open lot area that has a minimum dimension of 20 feet in all directions. The open lot area shall not be located within a front yard or side yard abutting a street, and cannot include driveways, buildings, outdoor storage, or parking spaces. Swimming pools cannot occupy more than 50% of the open lot area; and vii) The height of retaining walls must be minimized via terracing where feasible and as approved by the Community Development Director. c. The variance and the conditions of plat approval shall run with the land and bind all future owners and assigns d. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised to meet the conditions set forth herein. e. Before a final plat is signed by the City, the developer shall comply with the following requirements: i) Dedication of drainage and utility easements, and recording of a sidewalk easement as approved by the City Attorney in accordance with plans approved by the Public Works Director. St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 6 ii) Final plat documents shall show dedication of the corner of West 26th Street as right- of-way. iii) A development agreement shall be executed between the developer and the City, which covers at a minimum, sidewalk construction and maintenance; tree replacement; restoration of curbs, boulevards and trails; and repair and cleaning of public streets. The Mayor and City Manager are authorized to execute this agreement. iv) Financial security in the form of cash escrow in the amount of $1000 to ensure the City receives a reproducible tracing of the final plat showing evidence of recording; such escrow to be returned upon receipt of the reproducible tracing (mylar). v) Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, public sidewalk installation and repair/cleaning of public streets and utilities. vi) Vacation documents must be recorded with the County. vii) Pay park and trail dedication fees as required per Ordinance and reimburse City for City Attorney fees in drafting/reviewing development agreement. f. Within six (6) months of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. g. Prior to any site work, the developer shall meet the following requirements: i) Revised tree preservation plans meeting tree replacement requirements, and site plans incorporating a 6 foot sidewalk on France Avenue and meeting Zoning Ordinance requirements must be submitted and approved by the Zoning Administrator. ii) A permit shall be obtained from Hennepin County. iii) A copy of any Watershed District permit(s) shall be forwarded to the City, if required. iv) Any other necessary permits from other agencies shall be obtained. v) Sign Assent form and official exhibits. vi) Meet conditions of City signing final plat. vii) Final sidewalk construction specifications must be approved by the Public Works Director. viii) Obtain the required erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. ix) Details for tree protection and erosion control fencing must be submitted to the City. Required tree protection and erosion control fencing must be installed and approved by the City Forester prior to any grading activities. h. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 7 i) The site development, and all site improvements shall comply in all respects to the zoning ordinance including but not limited to driveway and setback requirements. ii) Swimming pools must meet setback requirements, be enclosed by a privacy fence that screens the view from neighboring properties, and the screening must meet building code requirements. iii) The total area improved for parking and driveway purposes shall not exceed 30% of a front yard area. The average width of a driveway shall not exceed 22 feet. iv) The architectural design must comply with Ordinance standards as required in Section 36-366. v) Visibility from the France Ave and 26th Street intersections shall be unobstructed above the height of 2 ½ feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines to the two streets, and extending a distance of 70 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the sides described above. This site distance shall be reevaluated if/when the France Ave/26th Street intersection is redesigned. vi) Revised final grading plans shall be submitted to the City. Grading plans shall comply with all of the requirements of the Public Works Department and be approved by the Zoning Administrator. vii) Final utility plans shall be submitted City which incorporate changes required by the Utilities Superintendent. viii)Revised plans shall be submitted that meet retaining wall height requirements and provide a 2-foot clearance between retaining walls and sidewalks/trails. ix) The subdivider shall furnish the City with evidence of recording of the final plat and sidewalk and trail easements. x) The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed District and Hennepin County. xi) Meet any Fire Department emergency access requirements. xii) Required erosion control permits, utility permits or other required permits, shall be obtained from the City. i. The developer shall comply with the following conditions during construction: i.) All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7 p.m. and 7 a.m. on weekdays and 5 p.m. and 9 a.m. on weekends and holidays. ii) The site shall be kept free of dust and debris that could blow onto neighboring properties. iii) Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv) The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. j. Prior to issuance of an occupancy permit: St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 8 i) Five-foot concrete sidewalk along W 26th and Huntington and an 6 foot sidewalk along France Avenue adjacent to the proposed lots is to be installed in accordance with plans approved by the City Engineer. ii) Meet all building and fire code requirements for occupancy. iii) Completion of all site, exterior building improvements including tree replacement, ground cover, exterior building materials unless financial sureties are received to cover 125% of completion in accordance with Code and all improvements are completed within 1 year of issuance of building permit. iv) Prior to receiving a Certificate of Occupancy, as-built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department. k. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council June 21, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 9 RESOLUTION NO. 04-079 A RESOLUTION OF DENIAL REGARDING THE APPLICATION OF CHARLES STINSON FOR PROPOSED PRELIMINARY AND FINAL PLAT (BILTMORE ADDITION) BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Charles Stinson and the Biltmore Land Group, LLC, owners and subdividers of the land proposed to be platted as Biltmore Addition have submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had hereunder. 2. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lots 4, 5, 6, and 7, Block 6, Basswood 3. On April 7, 2004, the Planning Commission opened a public hearing, received testimony from the public, discussed the applications, and on a vote of 6-0 moved that the Planning Commission recommend approval of the proposed plat. 4. The City Council has reviewed the proposed preliminary and final plat for accordance and conformity with all ordinances, City Plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, considered the advise and recommendation of the Planning Commission (Case Nos. 04-12-S), and finds the following: a. The subdivision proposes to divide one legally conforming single-family parcel (consisting of four underlying lots) developed with a single family home into three lots, and b. Section 26-152(b)(3) of the Subdivision Ordinance requires side lines of lots be approximately at right angles to street lines or radial to curved street lines. c. The side lot line of Lot 1, Biltmore Addition is proposed to be approximately at a 45 degree angle to the street line of Huntington Avenue. d. The side lot line of Lot 2,, Biltmore Addition is proposed to be approximately at a 45 degree angle to the street line of 26th Street. e. Huntington Ave and 26th Street are not curved street lines in relation to Lot 1 and Lot 2. 5. The contents of Planning Case File 04-12-S is hereby entered into and made the public hearing record and the record of decision for this case. Conclusion NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 10 The applicant's requests for a request for preliminary and final approval of the Biltmore Addition is hereby denied based upon the findings that the proposed Biltmore Addition does not meet the requirements of the subdivision ordinance. Reviewed for Administration: Adopted by the City Council June 21, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 062104 - 8d - Bilmore Plat Resolutions Page 11 ORDINANCE NO.___________ AN ORDINANCE VACATING UTILITY EASEMENT 2545 HUNTINGTON AVENUE SOUTH THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the utility easement proposed to be vacated has been filed. The notice of said petition has been published, the St. Louis Park Sailor, on April 22, 2004, and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: Rear 5 feet of Lots 4, 5, 6,& 7, Block 6, “Basswood”, Hennepin County, Minnesota Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council July 6, 2004 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney