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HomeMy WebLinkAbout2004/09/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 20, 2004 7:30 p.m. 7:00 p.m. – Study Session with School District to Discuss Referendum, Westwood Rm. 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. EDAM Award Presentation 3. Approval of Minutes a. City Council Minutes of September 7, 2004 b. City Council Special Meeting Minutes of August 30, 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 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Request of Foundation Land Development and Master Development Group (St. Louis Park School District) for a Comprehensive Plan Map change from Civic to Medium Density Residential and Low Density Residential, a text amendment to the Plan By Neighborhood chapter to eliminate Brookside School as a public building/amenity, and a zoning map change from R2 – Single Family Residential to R4—Multi Family Residential for a portion of property located at 4100 Vernon Avenue South and 4135 Webster Avenue South Case Nos. 04-31-CP and 04-30-Z Recommended Action: ü Motion to approve resolution for a Comprehensive Plan Map amendment to change the land use designation from Civic to Medium Density Residential and Low Density Residential for property located at 4100 Vernon Avenue South, amend text in the Plan By Neighborhood chapter subject to approval by the Metropolitan Council, approve summary and authorize publication. ü Motion to approve first reading of ordinance amending zoning map to change the zoning designation from R2— Single Family Residential to R4—Multi Family Residential for a portion of property located at 4100 Vernon Avenue South and 4135 Webster Avenue South subject to approval of the Comprehensive Plan amendments by the City Council and Metropolitan Council, and set second reading for October 4, 2004. 8b. Request of TOLD Development Company for Final Plat approval for Park Commons East 3rd Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase E (Park Commons East 3rd Addition formerly Outlots F and G, Park Commons East) (northwest corner of Excelsior Boulevard and Monterey Drive). Case Nos. 04-36-PUD and 04-37-S Recommended Action: • Motion to approve resolution granting approval of the Final Plat for Park Commons East 3nd Addition. • Motion to approve resolution granting a Major Amendment to the Park Commons East PUD that includes Final PUD approval for Phase E (Excelsior & Grand Phase E) with stated conditions. 8c. Major amendment to an existing CUP to allow increased building height, revised site and building layout and a change from rental to owner occupied units for the residential portion of the proposed mixed use/residential-office development. Case No. 04-40-CUP 1155 Ford Road Recommended Action: Motion to adopt resolution approving a major amendment to 02- 40-CUP to allow increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of the proposed mixed use/residential- office development subject to conditions in the attached resolution 8d. Snow Removal Enforcement Policy Recommended Action: Motion to adopt a resolution which outlines the approach to be used by City staff to enforce the City’s ordinance relative to snow and ice removal on streets in the City of St. Louis Park. 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 SEPTEMBER 20, 2004 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to adopt a resolution imposing a civil penalty of $2000 on DT Management, Inc. DBA Doubletree Park Place Hotel, 1500 Park Place Blvd., St. Louis Park, for liquor license violation as recommended by the City Manager. 4b Motion to authorize the Mayor and City Manager to enter into an agreement between the City of St. Louis Park and CSM Investors, Inc. for the purpose of obtaining a trail easement over a portion of CSM Investors’ property located at 4200 Park Glen Road. 4c Motion to approve second reading and adopt an ordinance amending the St. Louis Park Zoning Ordinance to allow group day care/nursery schools as a conditional use in the Industrial Park and General Industrial Zoning Districts; approve summary ordinance and authorize publication. 4d Motion to approve a contract with Three Rivers Park District, formerly Hennepin Parks, to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2004-2005 winter season 4e Motion to adopt resolution approving final payment to Ron Kassa Construction for Random Curb & Gutter Replacement 4f Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $105,623.55 for the 2004 Trails Improvement Project – City Project No. 04-03 4g Motion to accept Housing Authority Minutes of August 11, 2004 4h Motion to accept Vendor Claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING September 20, 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 092004 - 3a - City Council Minutes of 9-07-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA Tuesday, September 7, 2004 - 7:30 p.m. 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Present at the meeting were Councilmembers John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke), Assistant Zoning Administrator (Mr. Morrison), Finance Director (Ms. McGann), Fire Chief (Mr. Stemmer), City Attorney (Mr. Scott), and City Clerk (Ms. Reichert). 2. Presentations a. St. Louis Park Soccer Association – by Mayor b. Evergreen Awards – by Jim Vaughan c. Resolution Recognizing Bruce Johnson – by Mayor 3. Approval of Minutes a. City Council Minutes of August 16, 2004 Page 2, Paragraph 3 Councilmember Finkelstein wanted the minutes to reflect that he asked for copies of all exit interviews from persons moving away from Louisiana Court. Page 11, Paragraph 2 Councilmember Finkelsteinremoved the comment that he vaguely remembers the discussion in September of 2003. Page 13, Paragraph 3 Councilmember Basill changed “he went on to say” to “Mr. Davis’ letter went on to say”. b. City Council Study Session Minutes of August 23, 2004 Page 1, Paragraph 5, Councilmember Santa stated that the comments had been made by Councilmember Sanger. Page 1, Paragraph 6, Councilmember Santa clarified that the street was Webster Street. Page 1, Paragraph 6, Councilmember Basill removed the sentence dealing with density and profit. c. City Council Study Session Minutes of August 9, 2004 St. Louis Park City Council Meeting 092004 - 3a - City Council Minutes of 9-07-04 Page 2 Item 2, Councilmember Santa replaced ‘cluster housing” with “concentrating housing types in the area”. d. City Council Study Minutes of July 12, 2004 he minutes were approved above noted corrections. 4. Approval of Agenda and Items on Consent Calendar 4a Motion to adopt Resolution 04-109 authorizing installation of permit parking in front of 2716 Dakota Avenue South 4b Motion to authorize the Mayor and City Manager to amend a contract with WSB and Associates Inc. (Contract No. 100-00) to provide professional services for the Louisiana Avenue Traffic Improvement Project - City Project No. 00-17 4c Motion to adopt Resolution 04-110 authorizing continuation of temporary permit parking in front of 3128 Idaho Avenue South. 4d Motion to designate EnComm Midwest, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $338,338.00 for Water Treatment Plant No. 10 Filter Rehabilitation Project– Project No. 20041300 4e Motion to designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $40,461.49 for Alley Improvement Project-W. 42nd Street and Ottawa Avenue, Project No. 04-16 4f Motion to designate Ti-Zack Concrete, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $58,851.50 for the 2004 Annual Sidewalk Maintenance Project – City Project No. 04-0003 4g Motion to accept for filing the Board of Zoning Appeals Minutes of July 22, 2004 4h Motion to accept for filing the Planning Commission Minutes of July 7, 2004 4i Motion to accept for filing the Planning Commission Minutes of July 21, 2004 4j Motion to accept for filing the Planning Commission Minutes of August 18, 2004 4k Motion to accept Vendor Claims for filing (Supplement) 4l Motion to accept resolution recognizing Bruce Johnson 4m Motion to accept for filing the Park and Recreation Advisory Commission Minutes of April 21, 2004 4n Motion to accept for filing the Telecommunication Advisory Commission Minutes of May 6, 2004 4o Motion to accept for filing the Fire Civil Service Commission Minutes of August 16, 2004 It was motioned by Councilmember Velick, seconded by Councilmember Sanger, to approve the agenda as presented and to approve items listed on the consent calendar. The motion passed 7-0. St. Louis Park City Council Meeting 092004 - 3a - City Council Minutes of 9-07-04 Page 3 5. Boards and Commissions It was motioned by Councilmember Finkelstein, seconded by Councilmember Santa to appoint Robert Kramer to the Planning Commission for a term ending on December 31, 2006. The motion passed 7-0. 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Approve preliminary property tax levy and budget for the 2005 fiscal year, revisions to the 2004 adopted budget, set Public Hearing date for proposed budget and property tax levy, and approve HRA levy for taxes payable in 2005 Ms. McGann stated that a six percent property tax levy increase is proposed to cover general operations, park improvements, and some allocation to the Park and Recreation Division. She stated that the property tax increase will allow restoration of some services such as weed control, public property tree trimming, funding to non-profit organizations, funding for neighborhood grants, weekend maintenance at the Police Department, and funding for technology. She stated that a portion of the property tax levy is for two outstanding general obligation bonds. Ms. McGann stated that the Economic Development Authority has previously approved the HRA levy and that Council approval is also required.. Ms. McGann recommended setting December 6, 2004 as the date for the public hearing for the proposed budget and property tax levy. Councilmember Sanger asked for clarification on the change in tree trimming as the public has shown interest in it. Mr. Harmening replied that last year the City removed itself from the tree trimming business and placed the responsibility on residents. He reported that they are experiencing problems with this arrangement and staff is proposing to restore tree trimming service. However, they would be bidding out the service to a contractor rather than hiring back staff. Mr. Harmening stated that the estimated cost of restoring tree trimming service would be about $60,000. Mr. Harmening clarified that the proposed property tax could not be set any higher during future deliberations, but could conceivably go lower as we move toward setting the final figure. Motion by Councilmember Santa, seconded by Councilmember Omodt, to adopt Resolution 04-105 establishing the preliminary tax levy and budget for 2005, approve revisions to the 2004 adopted budget,and set the public hearing date for proposed budget and property tax levy for December 6, 2004 The motion passed unanimously. St. Louis Park City Council Meeting 092004 - 3a - City Council Minutes of 9-07-04 Page 4 Motion by Councilmember Finklestein, seconded by Councilmember Velick to approve the HRA property tax levy for taxes payable in 2005. The motion passed unanimously. 8b. Linda Sandbo’s application for an amendment to St. Louis Park Ordinance Code (Zoning) to allow group day cares in the industrial districts that are not intended solely for the use of employees. Case Nos. 04-39-ZA Mr. Morrison stated that the current Zoning Code does not allow day care that is open to the general public in the Industrial district. He clarified that the intent of the Zoning Code was to restrict day care to those companies that would provide day care solely for its employees. Ms. Linda Sandbo, 4205 Webster Ave S, has applied for an amendment to allow group daycare in the industrial areas. Mr. Morrison stated that there are two resolutions, one for the requested changes by the applicant and one recommended by the Planning Commission that would allow the group daycare to be approved by Conditional Use Permit. Ms. Sandbo inquired why it would change to the Conditional Use Permit process. Mr. Morrison replied that concerns were raised about the appropriateness of daycare in the Industrial district and other such concerns as truck noise, odors, materials, etc. Upon discussion, the Planning Commission felt that it should be approved by Conditional Use Permit which allows public review. He stated that if it was permitted by conditions, there would be no public review. Councilmember Velick inquired why the fence was proposed to be lower and not higher. Mr. Morrison explained that a three foot fence would allow a view of activities in the yard and would prove to be the safest option for the children. Councilmember Sanger felt the Planning Commission changes were appropriate. She understood the need for a daycare to be at least 350 feet from a sexually oriented business and inquired if they could also add the reverse of that to state that once a daycare is established a sexually oriented business cannot move within that same distance to the daycare. Mr. Morrison stated that there already are stipulations that keep sexually oriented businesses away from sensitive uses. Councilmember Sanger asked Ms. Sandbo if her intent was to move into a light or heavy industrial area and Ms. Sandbo replied that they were looking at light industrial areas. Councilmember Sanger inquired if they could limit daycare to the light industrial areas. Mr. Harmening stated that by doing so, they may be limiting some of the heavier uses in the Industrial Park district. Councilmember Basill asked if they used to allow daycare in the industrial parks prior to 1992. He stated that since then the area has become cleaner. Councilmember Basill had concerns about including the Conditional Use Permit and felt it was somewhat of a double standard to have one daycare go through the CUP process and not require others to do so. He did not feel they needed to put daycares through the CUP process each time. Mayor Jacobs would rather retain the CUP level of scrutiny. He had concerns about what uses would come into the area in the future. Councilmembers Finkelstein and Santa agreed with Mayor Jacobs. Councilmember Basill inquired how long the CUP process takes and Mr. Morrison replied that it takes one to two months. Councilmember Velick stated her support for the ordinance as recommended by the Planning Commission. St. Louis Park City Council Meeting 092004 - 3a - City Council Minutes of 9-07-04 Page 5 Councilmember Basill inquired if they need to add the extra language that was recommended by the Planning Commission. Mr. Scott felt they needed the language included and stated that there are general conditions that apply to every CUP but they do not quite address the details as much as needed. Councilmember Basill stated that he received a call from a business owner who asked what would happen if a hazardous site moved in. Mr. Morrison stated that he did not think they would be able to deny an industrial use if it were permitted by the Zoning Code. Councilmember Basill stated that the business owner was in support of the daycare but did not want to see future industrial uses limited to the area. It was motioned by Councilmember Sanger, seconded by Councilmember Velick to approve 1st reading of an ordinance amending Sections 36-243(d) and 36-244(d) to add day care as a Conditional Use in both the Industrial Park and General Industrial Districts, as recommended by the Planning Commission. The motion passed 6-1, Councilmember Basill opposed. Councilmember Basill wanted to state for the record that he is opposing the ordinance because he felt that the delay of the CUP process could be a hardship in certain cases. 8c. Ratification of Aquila Commons Tax Increment Finance District Mr. Locke stated that the August 2nd City Council’s action creating the Tax Increment District (TIF) for the Aquila Commons Project was conditioned on Council approval of the Comprehensive Plan amendment necessary for the Aquila Commons project to go forward. He stated that the Comprehensive Plan amendment was approved August 16, 2004, which made it somewhat unclear as to when the official start date of the tax increment district is. Based on the advice of the Redevelopment/Tax Increment Financing attorney, the City Council is being asked to adopt a ratification resolution establishing the official approval date for the TIF district for the Aquila Commons project on the Talmud Torah school site. Mayor Jacobs wanted the record to show that Council received and reviewed a letter from William Watson, 3200 Virginia Ave S #302 (Clerk’s File No. 24). It was motioned by Councilmember Finkelstein, seconded by Councilmember Santa, to adopt Resolution 04-107 ratifying adoption of Modification to the Redevelopment Plan for Redevelopment Project No. 1 and establishment of the Aquila Commons Tax Increment Financing District therein and ratifying adoption of tax increment financing plan therefore. The motion passed 5-2, Councilmembers Sanger and Omodt opposed. 8d. Purchase of tax forfeited property, 1600 Hampshire Ave South, from Hennepin County. Case No. 04-45-RE Mr. Locke stated that the parcel is in the Eliot neighborhood and is an opportunity for the City to acquire and then sell a site for move up housing. In order for that to happen, Council would be St. Louis Park City Council Meeting 092004 - 3a - City Council Minutes of 9-07-04 Page 6 required to adopt a resolution stating the intent to purchase the property and to clarify that the property is suitable for use other than conservation. The purchase would be through the Housing Authority and the funds would come from the Housing Rehab fund. Dispersal of the property would be done under the Home Renewal project. It was motioned by Councilmember Velick, seconded by Councilmember Basill, to approve Resolution04-108 approving designation of non-conservation land shown on Classification List “1297 C/NC” by Board of County Commissioners of Hennepin County. The motion passed unanimously. 9. Communications Mr. Harmening informed the Council and public of the Susan B. Koeman Breast Cancer 3-Day W alk to happen Sept.10-12. The walkers will be staying in St. Louis Park at the Junior High School. Mayor Jacobs urged the public to be cautious when traveling in that area as there will be many walkers. Councilmember Santa encouraged everyone to use great care when using any street that crosses the Hutchinson Spur or Cedar trail. Mr. Harmening stated that staff was hoping to tour some of the Capital Improvement Plan sites with Council in the next few weeks. Councilmember Finkelstein gave a reminder about the fundraiser for the senior center at Lenox. It will be held Friday, September 10 and will be a Belgian waffle dinner. 10. Adjournment The meeting was adjourned 8:30 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 092004 - 3b - Special Meeting Minutes of Aug. 30, 2004 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION August 30, 2004 1. Call to Order The meeting was convened at 7:00 p.m. Present at the meeting were Councilmembers John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), Police Captain (Mr. Ortner), Fire Chief (Mr. Stemmer), and City Clerk (Ms. Reichert). Guest: Golden Valley Police Chief (Mr. Herntz) 2. Police Dispatch Consolidation Mr. Harmening gave a background on the issue, stating that talks first began during the 2004 budget discussions. Staff saw two options to reduce costs in relation to PSAP services. Those were to discuss with Hennepin County the possibility of having them provide PSAP services or to talk with other independent PSAP cities to consolidate. The consulting company PSC Alliance was retained by the cities of St. Louis Park, Golden Valley, Richfield, and Brooklyn Center to examine the specifics of consolidation between these cities. Mr. Harmening stated that two issues have arisen during this time: 800 MHz migration and the impact of such a decision on dispatch staff. He reported that there is a sense of uncertainty for staff and they are experiencing a loss of dispatch staff. Jeff Nelson, PCS Alliance, gave a PowerPoint presentation to the Council. Mr. Nelson outlined the three options: 1) Stay with the current Golden Valley/St. Louis Park model 2) Four city joint powers agreement 3) Receive dispatch services from Hennepin County. PSC Alliance recommended moving the dispatch center to Brooklyn Center if they move ahead with option two. Mr. Nelson answered questions regarding software connectivity and data sharing with LOGIS and city systems. He then explained how Hennepin County dispatch services work. Chief Luse stated that he prefers consolidation with other cities. He felt it would be more service oriented and would also continue with the community policing efforts they have undertaken. Chief Stemmer stated that he also prefers consolidation for the same reasons. Chief Herntz agreed. PSC Alliance recommended consolidation with Golden Valley and then trying to add other cities in the future. St. Louis Park City Council Meeting 092004 - 3b - Special Meeting Minutes of Aug. 30, 2004 Page 2 Mr. Harmening pointed out that money would be saved with the Hennepin County option and that should be considered. Mayor Jacobs felt that the County option is out if the city wants to maintain the same type of service. Councilmember Sanger inquired when decisions need to be made. The consultants felt the decision should be made soon. They added that if they chose not to be included with the County the window for that option would close for eight years. The decision must be made by November 30, 2004. Councilmember Basill felt that the City of Golden Valley is a great partner. He would like to keep the current model and expand. He hoped to have the dispatch center stay in St. Louis Park or Golden Valley. Chief Herntz was also satisfied with the cities relationship. Councilmember Sanger agreed and would like to see them take on more partners in the future. Council asked for more information on the costs of a three or four city consolidation. Councilmember Santa did not feel there should be any partnership where the level of service suffers and she would like to set a standard for best practices. She added that she did not feel the location of the dispatch center was as important as the training of the dispatchers. Mr. Harmening emphasized that the center does not need to be in St. Louis Park. Councilmember Velick felt they should go with the consolidation, not with Hennepin County. Councilmember Finkelstein asked how soon Golden Valley’s City Council would be reviewing the results of the study and discussing the possible options. Chief Herntz stated that the Golden Valley City Council would be meeting the following evening. Mr. Harmening indicated that from the discussion it was staff’s understanding that the Council desired that the dispatch option with the County be set aside for now and that focus should be put on a three or four city consolidation effort. It was also staffs understanding that the City Council valued the good working relationship that has been developed with Golden Valley relative to dispatch. The Council concurred with this assessment of the Council’s direction. 3. Adjournment The meeting was adjourned at 9:28 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 092004 - 4a - Doubletree Liquor License Violation Page 1 4a. Motion to adopt a resolution imposing a civil penalty of $2000 on DT Management, Inc. DBA Doubletree Park Place Hotel, 1500 Park Place Blvd., St. Louis Park, for liquor license violation as recommended by the City Manager. Background On June 7, 2004 the Police Department conducted compliance checks of seven liquor establishments. Two, Dover’s in the Doubletree Park Place Hotel, and Chappy’s Lounge at the Holiday Inn, were cited for sale of liquor to a minor. The administrative penalty procedure calls for representatives of the licensee to meet with a Police Captain, the City Clerk and the City Manager to discuss the circumstances of the violation and general license requirements. Police department personnel then provide compliance training to employees at the establishment. If all parties agree to the facts of the case, the City Manager is granted authority to impose an administrative penalty subject to council approval. Our standard penalty schedule imposes a fine of $1000 for the first violation, $2000 for a second violation and suspension up to three days for a third violation under the same licensee. History of Violations at 1500 Park Place Blvd. (Doubletree Park Place Hotel) On June 30, 2003 an employee of DT Management, Inc. was cited for sale of liquor to a minor. This was DT Management’s first violation. An administrative hearing was held on September 10, 2003 with the City Manager and a stipulation of facts was signed by a representative of the licensee. The licensee was invoiced for the administrative penalty and payment was received. Current Violation On June 7, 2004 another compliance check was performed and an employee of DT Management, Inc. was cited for sale of liquor to a minor. In order to understand how license violations are imposed, it is important to distinguish between the criminal violation committed by the person making the sale (prosecuted through the county court system) and the civil violation imposed against the holder of the license (city responsibility). The employee’s criminal violation has been adjudicated through the court system. An administrative hearing with the City Manager, Police Captain, and City Clerk was held on September 8, 2004. A stipulation of facts was signed by the licensee’s representative thereby acknowledging that the violation occurred and waiving the licensee’s right to a hearing before the City Council. Should another violation occur the licensee could face a possible three-day suspension of the liquor license. City Manager Recommendation Because this is a second violation under the management of DT Management, Inc. the City Manager recommends an administrative penalty of $2000 to be paid to the city immediately following council approval of the penalty. Prepared By: Kimberly Olson, Administration Secretary Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 4a - Doubletree Liquor License Violation Page 2 RESOLUTION NO. 04- A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION DT Management, Inc. DBA Doubletree Park Place Hotel 1500 Park Place Blvd., St. Louis Park WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Doubletree Park Place Hotel, 1500 Park Place Blvd on June 7, 2004; and WHEREAS, the license holder, DT Management, Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City immediately upon Council approval. Reviewed for Administration: Adopted by the City Council September 20, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 092004 - 4b - CSM Trail Easement Page 1 4b. Motion to authorize the Mayor and City Manager to enter into an agreement between the City of St. Louis Park and CSM Investors, Inc. for the purpose of obtaining a trail easement over a portion of CSM Investors’ property located at 4200 Park Glen Road. Background: The 2004 Trails Improvement Project, City Project No. 04-03, was approved by Council at its August 16, 2004 meeting. On September 20 the City Council is being asked to award a bid for this project. The project includes construction of six trail segments as developed in accordance with the city’s sidewalk, trails and bikeway plan. Three of the trail segments connect to the regional trail system. One of these segments is located at the end of France Avenue in the Minikahda Oaks neighborhood. This trail connection will provide access to the Southwest Regional Trail. The trail crosses two properties, the Minikahda Mini Storage site and the Park Glen office complex owned by CSM Corporation. Staff has been working with both owners to obtain trail easements across their property. Both owners support the trail connection. Analysis: Staff hired a consultant to survey the easement areas and to prepare descriptions and a survey map. Staff contacted CSM Corporation to request an easement across a portion of their property at 4200 Park Glen Road. The request was for a trail easement to be granted at no cost to the city. The survey and description of the trail easement was provided to CSM for their consideration. CSM was agreeable to the easement and drafted an easement document with certain terms and conditions for the city to review. Staff forwarded the draft easement to the City Attorney, Mr. Tom Scott, for review and comment. Mr. Scott has indicated that the easement language as drafted is acceptable. Mr. Scott also performed a title search on the property and determined there was a mortgage holder. He recommended that the city get consent to the easement by the mortgage holder. This request was made to CSM and they have indicated that this will be done and is necessary as part of their mortgage terms. Attachment: Map (Supplement) Trail Easement Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Maria Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager TRAIL EASEMENT THIS EASEMENT IS MADE and entered into this day of , 2004, by and between CSM Investors, Inc., a Minnesota corporation, Grantor, and the CITY OF ST. LOUIS PARK, a Minnesota Municipal Corporation, Grantee. RECITALS: WHEREAS, Grantor is the fee owner of the tract of land in the County of Hennepin, State of Minnesota, described in Exhibit A attached hereto (the “Grantor’s Property”); WHEREAS, Grantee has requested an easement for trail purposes over a portion of the Grantor’s Property as depicted and described in Exhibit B attached hereto (the “Easement Parcel”); WHEREAS, Grantor is willing to grant said easement upon the terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, Grantor, in consideration of One Dollar and other good and valuable consideration, to it in hand paid by Grantee, receipt of which is hereby acknowledged, hereby grants to said Grantee, its successors and assigns, an easement for trail purposes over, under and across the Easement Parcel, subject to the following terms and conditions: 1. The easement granted is non-exclusive, and is subject to current taxes and assessments, and all easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, if any, as of the date hereof. Acq. Lib. #108954 2. Grantor hereby reserves and retains the right to use the subsurface area of the Easement Parcel in any manner that does not materially interfere or conflict with the easement rights granted Grantee hereunder. By utilization of the Easement, Grantee hereby accepts the terms hereof, and expressly acknowledges that Grantor may use the subsurface area of the Easement Parcel as provided for above. 3. Grantee shall be responsible at its sole cost for all installation, re-installation, repairs and maintenance of the trail to be located in the Easement Parcel. 4. Grantee, for itself, its successors and assigns, hereby indemnifies and agrees to hold harmless Grantor and any mortgagees of record of the Property, from and against any and all damages, liability, fees, penalties and claims, including those for personal injury, wrongful death, or property damage, arising out of or related to the trail to be located in the Easement Parcel and the usage of the trail by Grantee, its employees, agents or contractors; except that the indemnity does not extend to damage, liability, fees, penalties and claims that are the direct result of the negligent acts or omissions of the Grantor, its employees, agents or contractors. 5. Grantee, for itself, its successors and assigns, shall keep the Easement Parcel and the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Grantee. If any mechanic’s lien is filed against the Property relative to such work, materials or obligations, Grantee shall immediately obtain and deliver to Grantor an appropriate release of said lien, or a bond in an amount equal to one and one-half times the amount of the lien, to insure Grantor and Grantor’s mortgagees, against any liability for such mechanic’s lien. 6. Grantee hereby agrees to exercise reasonable efforts to minimize any disruption to the business operations of Grantor, or its tenants, in the exercise of the rights granted hereunder, and to perform and complete all necessary work of maintenance, repair and replacement in a diligent manner. IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above written. CITY OF ST. LOUIS PARK CSM INVESTORS, INC. By: _____________________________ By: _____________________________ Jeffrey W. Jacobs David J. Yung Its: Mayor Its Secretary By: _____________________________ Thomas K. Harmening Its: City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004, by Jeffrey W. Jacobs and ___________________________, the Mayor and ______________________ respectively of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation. _____________________________________________ Notary Public Notary Seal/Stamp: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004, by ___________________________ the _____________________________ of CSM Investors, Inc., a Minnesota corporation, on behalf of the corporation. _____________________________________________ Notary Public This Instrument Drafted by: David J. Yung, Attorney at Law CSM Corporation 500 Washington Ave. S., #3000 Minneapolis, MN 55415 St. Louis Park City Council Meeting 092004 - 4c - Daycare Zoning Amendment Page 1 4c. Motion to approve second reading and adopt an ordinance amending the St. Louis Park Zoning Ordinance to allow group day care/nursery schools as a conditional use in the Industrial Park and General Industrial Zoning Districts; approve summary ordinance and authorize publication. Case Nos. 04-39-ZA Background An application was received on July 19, 2004 to amend the Industrial Park and General Industrial Zoning Districts to allow the day care/nursery school use in the Industrial Park and General Industrial Districts as “permitted with conditions”. The Planning Commission reviewed the application, and held a public hearing on August 18, 2004. The applicant spoke in favor of the amendment, and the Commission expressed concerns regarding the appropriateness of a daycare in an industrial district. The Commission’s concerns centered primarily on the possibility that the children in a daycare may be exposed to fumes or other noxious/hazardous materials being used or stored at a nearby industrial property. The Commission recommended the Council approve the attached amendment to the Industrial Park and General Industrial Districts to allow the day care/nursery school use in both industrial districts as a “Conditional Use” verses the requested “permitted with conditions”. The Commission also recommended including language that would condition approval on a setback from adult uses and from other uses that may involve noxious/hazardous uses. On September 7, 2004, the Council reviewed the application, together with the Planning Commission’s recommendation, and on a 6-1 vote approved the commission’s recommendation to allow the group day care/nursery school use as a conditional use in both the Industrial Park and General Industrial Zoning Districts. Proposed Ordinance The proposed amendment (see attached ordinance) if approved would allow group day care/nursery school as a conditional use in the Industrial Park and General Industrial Zoning Districts. The ordinance would go into effect on October 15, 2004. Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening, City Manager Attachments Proposed Ordinance Proposed Summary Ordinance St. Louis Park City Council Meeting 092004 - 4c - Daycare Zoning Amendment Page 2 ORDINANCE NO. _________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-243(d) and 36-244(d) REGARDING GROUP DAYCARE/NURSERY SCHOOLS THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Section 1. An application was received to amend the zoning ordinance to allow daycares to be open to the public in the Industrial Park and General Industrial Districts. Section 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-39-ZA). Section 3. 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 4. The St. Louis Park Ordinance Code, Section 36-243(d) (Industrial Park District: Uses Permitted By Conditional Use Permit) is amended as follows: (d) Uses permitted by conditional use permit. No structure or land in an I-P district shall be used for the following uses except by conditional use permit. These uses shall comply with the industrial restrictions and performance standards of section 36-242 and all of the general conditions provided in section 36-3675 and with the specific conditions imposed in this subsection (d). *** (4) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence and bufferyard D. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. St. Louis Park City Council Meeting 092004 - 4c - Daycare Zoning Amendment Page 3 c. Outdoor play areas shall be located a minimum of 15 feet from any property lines and shall be screened with a bufferyard D. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to, dust, truck traffic, odors and hazardous materials. Section 5. The St. Louis Park Ordinance Code, Section 36-244(d) (General Industrial District: Uses Permitted by Conditional Use Permit) is amended as follows: (d) Uses permitted by conditional use permit. No structure or land in an I-G district shall be used for the following uses except by conditional use permit. Those uses shall comply with the requirements of all the general conditions provided in section 36-242 and section 36-3675 and with the specific conditions imposed in this subsection (d). *** (4) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence and bufferyard D. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 15 feet from any property lines and shall be screened with a bufferyard D. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. St. Louis Park City Council Meeting 092004 - 4c - Daycare Zoning Amendment Page 4 f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to: noise, dust, truck traffic, odors and hazardous materials. Section 6. The contents of Planning Case File 04-39-ZA are hereby entered into and made part of the public hearing record of decision for this case. Section 7. 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. Reviewed for Administration Adopted by the City Council _______________________________ ___________________________ City Manager Jeffrey W. Jacobs, Mayor ATTEST: Approved as to Form and Execution _______________________________ ____________________________ Cynthia Reichert, City Clerk City Attorney St. Louis Park City Council Meeting 092004 - 4c - Daycare Zoning Amendment Page 5 SUMMARY ORDINANCE NO._____________ AN ORDINANCE REGARDING GROUP DAYCARE/NURSERY SCHOOLS This ordinance states that group daycare/nursery school will be added as a Conditional Use in both the Industrial Park and General Industrial Districts. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 20, 2004 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: September 30, 2004 Res-ord/2004/04-39-ZA St. Louis Park City Council Meeting 092004 - 4d - Three Rivers Park District Plowing Contract Page 1 4d. Motion to approve a contract with Three Rivers Park District, formerly Hennepin Parks, to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2004-2005 winter season. Background The Southwest LRT and the Cedar Lake extension trails are owned and maintained by Three Rivers Park District, formerly Hennepin Parks. However, Three Rivers Park District does not clear or remove snow from their trails during the winter. They will allow cities to plow snow from their trails under the terms of a contract. Trail Clearing Contract The City of St. Louis Park has cleared and removed snow from the regional trails since 2000. This service is appreciated by many of our residents who use the trails all year. As a part of the snow removal policy, staff recommends the City of St. Louis Park continue to clear the regional trails through our City since Three Rivers Park District does not. Approving this contract would allow us to do so for the winter of 2004-2005. Clearing or removing snow from the LRT trail would be done in much the same manner and priority as previous years. The trails would be cleared as a part of the Public Works snow removal policy. Clearing the Cedar Lake Extension is a bit more difficult. There are some areas where the trail is 10 feet wide with only a 12-foot wide easement. If there are times when the City gets several inches of snow at one time, it may be difficult for maintenance staff to remove the snow since there is no room to store it and no way to access the trail to remove it. Staff will keep the City Manager and City Council informed if the snow accumulations are significant and maintenance staff are not able to remove the snow. The contract with Three Rivers Park District states that the City must repair any damage to the trail while plowing snow. Staff will take precautions to prevent damage in our snow removal process. Continuing Authorization of Contract It does not appear that Three Rivers Park District will assume the responsibility to remove snow from their regional trails. The City of St. Louis Park will continue to be asked to sign a contract annually to remove snow on the LRT and Cedar Lake Extension trails. Attachments: Contract (supplement) Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 4e - Final Payment for Curb & Gutter Replacement Page 1 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON RANDOM CURB & GUTTER REPLACEMENT CITY PROJECT NO. 04-0004 CONTRACT NO. 64-04 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated June 25, 2004, Ron Kassa Construction, Inc. has satisfactorily completed the random curb and gutter replacement, as per Contract No. 64-04. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $12,880.00 Change Order/Overrun 6,048.25 Previous Payments .00 Balance Due $18,928.25 Reviewed for Administration: Adopted by the City Council September 20, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 092004 - 4f - Authorize Contract for 2004 Trail Improvements Page 1 4f. Bid Tabulation: Motion to designate Hardrives, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $105,623.55 for the 2004 Trails Improvement Project – City Project No. 04-03 Background: Bids were received on September 9, 2004 for the construction of six new trail segments identified in the city’s sidewalk, trails, and bikeway plan. They are as follows: A new trail along Flag Avenue, from 36th Street north to Knollwood Green Park, requested through a petition from the neighborhood. A new trail from Alabama Avenue west along 36th Street to Jorvig Park. A new trail along Gorham Avenue and Library Lane adjacent to the Hennepin County Library. A trail connection at the Southwest Regional Trail at the north end of France Avenue in the Minikahda Oaks neighborhood. A regional trail connection from the Victoria Lake parking area to the Cedar Lake Extension trail (Hutchinson Spur). And a regional trail connection at the west end of Edgebrook Park from the end of Rhode Island Dr. to the Southwest Regional Trail. An advertisement for bids was published in the St. Louis Park Sun-Sailor on August 26 and September 2, 2004 and in the Construction Bulletin on August 27 and September 3, 2004. A total of three (3) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Hardrives, Inc. $ 105,623.55 Midwest Asphalt Corporation $ 117,264.10 Bituminous Roadways, Inc. $ 152,790.00 Engineer’s Estimate $ 91,501.00 Evaluation of Bids: A review of the bids indicates Hardrives, Inc. submitted the lowest responsible bid. This contractor has satisfactorily completed projects in the past for the City. Although the lowest bid exceeds the Engineers Estimate, staff feels this is a reasonable cost for these improvements. Financial Considerations: Funding for this project will come from General Obligation bonds and DNR grant monies. The City applied for a grant from the DNR for those segments which connect to the Regional Trail System. The grant program provides 50% matching funds for those regional trail connections. Construction Timeline: Work is anticipated to begin early in October. The contractor has been instructed to start work only on those segments which can be completed before the end of the 2004 construction season. If there are any remaining segments, they will be constructed in the Spring of 2005. Attachment: Map of Trail Locations (Supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Michael P. Rardin, Director of Public Works Maria Hagen, City Engineer Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 4g - Housing Authority Minutes of 8-11-04 Page 1 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, August 11, 2004 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Andria Daniel, Steve Fillbrandt, and Anne Mavity. Commissioner Judith Moore arrived at 5:20 p.m. STAFF PRESENT: Sharon Anderson, Jane Klesk, Kevin Locke, and Michele Schnitker 1. Call to Order Commissioner Courtney called the meeting to order at 5:03 p.m. 2. Approval of Minutes for June, 2004 The June 9, 2004 minutes were unanimously approved with the following amendments to Paragraph 6.a., “Ms. Hayes thanked the Board and explained that she is a student studying special education…”; and to Paragraph 6.d., “…staff is recommending new payment standards equal to 100% of Fair Market Rents, effective August 1, 2004.” 3. Hearings – None 4. Reports and Committees a. Planning Commission Study Session: Residential Subdivision and Infill Development Ms. Schnitker provided an explanation of the Planning Commission Study Session Report, Residential Subdivision and Infill Development pertaining to Biltmore and Hannon Lake subdivisions. Ms. Schnitker also explained that a draft copy of the Housing Goals was presented to City Council at their July 12th Study Session, and would be brought back for further discussion at the August 9th Study Session. 5. Unfinished Business – None 6. New Business a. Election of Officers Commissioner Fillbrandt moved to adopt the current slate of officers, and Commissioner Daniel seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Daniel, Fillbrandt, and Mavity voting in favor. b. Approval of Depository Services Resolutions – Section 8 Ms. Schnitker provided the Board with background information regarding recent fraud activity in the Section 8 checking account, necessitating the opening of new account. St. Louis Park City Council Meeting 092004 - 4g - Housing Authority Minutes of 8-11-04 Page 2 Commissioner Mavity moved to approve Resolution Nos. 527 and 528, Depository Services Resolutions for Governmental Entities, and Commissioner Moore seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity, and Moore voting in favor. 7. Communications from Executive Director a. Claims List No. 8–2004 Commissioner Moore moved for ratification of Claims List No. 8–2004, and Commissioner Mavity seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. b. Communications Ms. Schnitker briefly described two properties that are being considered for purchase for the Home Renewal Program. Ms. Schnitker provided an update of Project for Pride in Living regarding the financial status of the Louisiana Court project. Ms. Schnitker explained that the City Council, Planning Commission and Housing Authority would be taking a City tour on Wednesday, September 22nd from 5:30 to 7:00 p.m. 1. Monthly Reports for July and August, 2004 2. Scattered-Site Houses and Hamilton House (verbal report) 3. Draft Financial Statement 8. Other – None 9. Adjournment Commissioner Mavity moved to adjourn the meeting, and Commissioner Moore seconded the motion. The motion passed 5-0, with Commissioners Courtney, Daniel, Fillbrandt, Mavity and Moore voting in favor. The meeting was adjourned at 6:13 p.m. Respectfully Submitted, Anne Mavity, Secretary St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 1 8a. Request of Foundation Land Development and Master Development Group (St. Louis Park School District) for a Comprehensive Plan Map change from Civic to Medium Density Residential and Low Density Residential, a text amendment to the Plan By Neighborhood chapter to eliminate Brookside School as a public building/amenity, and a zoning map change from R2 – Single Family Residential to R4—Multi Family Residential for a portion of property located at 4100 Vernon Avenue South and 4135 Webster Avenue South Case Nos. 04-31-CP and 04-30-Z Recommended Action: ü Motion to approve resolution for a Comprehensive Plan Map amendment to change the land use designation from Civic to Medium Density Residential and Low Density Residential for property located at 4100 Vernon Avenue South, amend text in the Plan By Neighborhood chapter subject to approval by the Metropolitan Council, approve summary and authorize publication. ü Motion to approve first reading of ordinance amending zoning map to change the zoning designation from R2— Single Family Residential to R4—Multi Family Residential for a portion of property located at 4100 Vernon Avenue South and 4135 Webster Avenue South subject to approval of the Comprehensive Plan amendments by the City Council and Metropolitan Council, and set second reading for October 4, 2004. Background: Current Zoning: R2- Single Family Residential Current Comprehensive Plan Designation: Civic Parcel Size 2.4 Acres Current Land Use School building (vacant), Day Care, STEP Proposed Land Use Condominiums, , Single Family Housing Other required City approvals: CUP or PUD, Subdivision Background: The Brookside School has not been fully utilized as a school since 1975. The School District has continued to hold the property for community education purposes, day care, the STEP program, and has leased part of the facility to other school districts for class rooms. The building is in need of repair, and the School District has decided to sell the building. St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 2 Foundation Land Development and Master Development Group have a purchase agreement for the property and are proposing to demolish the gymnasium portion of the building and renovate the remaining existing brick building into condominiums. They also wish to add to the site additional condominium units in a new building located south of the existing school building. Their most recent proposal also includes 5 single-family lots along Webster Avenue. The development requires an amendment to the Comprehensive Plan map and the zoning map; and, a Comprehensive Plan text amendment. Approval of the Comprehensive Plan and Zoning map amendments does not constitute an approval of any concept plan, which will require an additional public hearing and either a PUD or CUP and plat. The development proposal has evolved since the Planning Commission public hearing that considered an application for Comprehensive Plan and Zoning amendments. This will be discussed below. Brief History. 1. There have been a number of neighborhood meetings in the past conducted by the school district relative to the reuse of this school building. The school lost their most recent lease with the Minneapolis Schools and the building is in need of many repairs. 2. The developers met with neighborhood leaders on July 1, 2004, to discuss a plan that included 53 units: 27 in the school building, 14 in a building south of the school building and 12 row houses along Webster. The neighborhood leaders identified the following issues: ü Parking is only allowed on one side of Webster Avenue and if guest parking is allowed on the street there would not be sufficient parking for the neighborhood. ü The school bus stop at 41st and Webster should be temporarily moved during construction of the project. ü There is a need for buffers between the project and existing single family to the south. ü With additional residential in the neighborhood, the railroad crossing at 42nd should be left open and improved. ü A three-way stop sign at Vernon and 42nd Street is desirable because cars speed on Vernon. ü The development would result in increased traffic in the neighborhood. The developers discussed their concept plan that generally met zoning requirements related to parking, setbacks, and open space for an R-4 zoning district. 3. The Planning Commission held a public hearing on July 7, 2004, to consider the requests for Comprehensive Plan and zoning map amendments. Questions from the public focused on traffic, parking, and the future noise wall adjacent to TH 100. The Planning Commission recommended approval of both applications on a vote of 5-0 St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 3 with the understanding that a traffic study would be required as part of the PUD/CUP application. 4. Subsequent to the Planning Commission meeting, the City Council asked the developers to consider adding some single family to their plan. The developers submitted four plans to be reviewed by the City Council at a study session with an estimate of the financial gap for each (assuming no change in the purchase price). The four plans included the original concept presented to the Planning Commission (53 units), a plan that included 5 single family lots along Webster (46 units), a plan that included 8 single family lots and reduced the number of units in the school building to 20 (28 units), and a plan that showed the demolition of the school building and the entire site developed with single family (16 units). After reviewing these plans, the City Council stated a preference for the plan that included 5 single family lots based upon the plan and gap analysis. 5. A traffic study was initiated to address neighborhood concerns about traffic generation for the proposed use. Preliminary findings were available for the neighborhood meeting on September 9, 2004, and the final study is attached. 6. The 46-unit plan was taken to a neighborhood meeting on September 9, 2004. Approximately 40 people attended the neighborhood meeting. The major issue that was identified was traffic. A preliminary traffic analysis indicated that with the 46- unit plan traffic generation would actually decrease from the current use. This information was distributed at the meeting. A straw poll at the end of the meeting indicated that all but one person in attendance were in favor of the 46-unit plan over a plan that included 8 single family and the plan approved by the Planning Commission. Proposal: The developers are now proposing to retain and renovate the existing two-story brick school building into single-level condominium units, to add 14 additional condominium units on the site, and to develop 5 single-family lots along Webster. A total of 46 units are shown on the plan. Additional approvals: If the applicant receives approval of the proposed Comprehensive Plan and Zoning map amendments, several other approvals will also be required. § The Metropolitan Council must review the Comprehensive Plan, and any approval of a rezoning is contingent upon this review. § The property will need a replat. A portion of the existing building is located within right of way, so a vacation may also be required. § The development will require a CUP/PUD. Access, open space, drainage, storm water retention, architecture, and other issues will be addressed during this approval St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 4 process. It is likely the developers will combine a PUD or a CUP with a plat and these will be reviewed simultaneously. Issues: § What conditions have changed that would warrant an amendment to the Comprehensive Plan? § Does the proposed use fit into the existing neighborhood? § What are traffic implications for this change in land use? § Are Comprehensive Plan text changes warranted? Issue Analysis: § What conditions have changed that would warrant an amendment to the Comprehensive Plan? The Plan By Neighborhood Chapter of the Comprehensive Plan identifies the Brookside School as a community center and neighborhood amenity. The Comprehensive Plan land use map designates this property as “Civic” to accommodate a community center. The St. Louis Park School District 283 has stated that since the loss of the lease with the Minneapolis School District, it can no longer afford to maintain the property as a community center. A purchase agreement has been entered into between the School District and the developers who intend to renovate and convert the existing building into condominium units and add additional condominiums and single family to the site. The building cannot be converted to another use without amendments to the Comprehensive Plan and zoning maps. § Does the proposed use fit into the existing neighborhood? The existing school building was originally constructed as a 4-classroom school in 1921. It was expanded to 8 classrooms in 1926 and by 1949 was in its current configuration. The school was a K-6 elementary school and operated until 1975. All public schools in St. Louis Park are located within residential areas. The size and scale of the existing building does exceed that of surrounding single-family properties. However, the building is located adjacent to TH 100 and serves as a buffer between the highway and other existing single family homes. The building to the north is a church, also of greater scale than the single family. A reuse of the existing building for residential is preferable to a reuse for commercial or semi-commercial in terms of neighborhood impacts. § What are traffic implications for this change in land use? St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 5 A traffic study by SRF Consulting Group for the proposed use is currently underway and will be completed prior to the City Council meeting. The study, a requirement of the PUD application, compares the existing use with what is proposed and also with a school use. A preliminary finding of the study indicates that the proposed use actually will generate less traffic than the existing day care and STEP program that currently occupy the school building. See attached. § Are Comprehensive Plan text changes warranted? The Plan by Neighborhood text currently states that the Brookside School is an existing amenity in the neighborhood as a community center. Since this building will no longer be used in that capacity, text needs to be modified. The proposed modification is in the proposed resolution that is attached. Recommendation: The Planning Commission recommended approval of Comprehensive Plan Map amendments to change the land use designation from Civic to Medium Density Residential and a zoning map amendment to change the zoning designation from R2— Single Family Residential to R4—Multi Family Residential. Since that time, changes in the plan that add 5 single family homes and reduce the overall number of units to 46 have occurred. Staff recommends approval of the attached resolution and ordinance that reflects the most current plan. (e.g. the portion of the site proposed for single family will continue to be designated R-2; See attached exhibits.) Attachments: Aerial photo Proposed Resolution amending the Comprehensive Plan Proposed Summary Resolution Proposed Ordinance amending the Zoning map. Concept of Proposed Development Preliminary traffic generation findings Traffic study will be distributed at meeting Prepared by: Judie Erickson, Planning Coordinator 952-924-2574 jerickson@stlouispark.org Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 6 RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4100 VERNON AVENUE SOUTH 4135 WEBSTER AVENUE SOUTH WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 7 WHEREAS, the Comprehensive Plan identifies the Brookside School as a community center and neighborhood amenity and designated the site as a Civic land use, and WHEREAS, the St. Louis Park School District 283 has stated that since the loss of a lease with the Minneapolis School District, it can no longer afford to maintain the property as a community center, and WHEREAS, the St. Louis Park School District 283 is disposing of the Brookside School property for private use and has entered into a purchase agreement with the residential developers Foundation Land Development and Master Development Group, and WHEREAS, the St. Louis Park School District 283 and developers have made application to amendment the Comprehensive Plan Land Use Map to change the Civic designation to Low and Medium Density Residential and a text change to eliminate the Brookside School as a public amenity, and WHEREAS, the Planning Commission of the City of St. Louis Park held a public hearing and heard testimony from the public to consider the requested amendments and recommended adoption of the amendments to the Comprehensive Plan 2000-2020 on July 7, 2004; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on map below from Civic to Medium Density Residential and Low Density Residential. Change the text in Chapter U, Plan By Neighborhood as shown on the attached. Reviewed for Administration: Adopted by the City Council September 20, 2004 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk 04-31-CP/res-ord/2004 St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 8 Plan By Neighborhood – Brookside Neighborhood Neighborhood Name: Brookside Major Neighborhood Features: Minnehaha Creek; Excelsior Boulevard Neighborhood Park: Jackley Park Major Neighborhood Streets: Excelsior Blvd; Brookside Ave. 1996 Average Weekday Traffic Counts: Excelsior - 21,500; Brookside - 1,500 % Change From 1980: Excelsior - 6% decrease; Brookside 10% decrease Housing Condition: See Chapter P Anchoring Businesses and Institutions: Brookside Community Center Neighborhood Character: The Brookside Neighborhood, like most St. Louis Park neighborhoods located south of Excelsior Boulevard was subdivided prior to WWI (1908). Half of the homes were constructed prior to 1933. A major amenity of the neighborhood is Minnehaha Creek which flows along its southern border. The Brookside Neighborhood is essentially low density residential neighborhood with a few commercial and industrial uses adjacent to Excelsior Boulevard. and Brookside Community Center at Webster Avenue and 41st Street. Brookside, a collector route, is also the only through street in St. Louis Park which connects to Edina west of Highway 100. Specific Development Guidelines: No expansion of commercial use into the residential areas is proposed along Excelsior Boulevard Desired Neighborhood Improvements: Park improvements; larger homes; townhomes; add sidewalks; safe pedestrian crossings on TH. 100 and Excelsior and along Excelsior Blvd; streetscape project west of TH. 100 on Excelsior Blvd; improved transit including LRT and north/south connections; traffic calming; trails; pedestrian lighting. St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 9 SUMMARY RESOLUTION NO.________ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4100 VERNON AVENUE SOUTH 4135 WEBSTER AVENUE SOUTH This resolution states that the land use designation for property located at 4100 Vernon Avenue South and 4135 Webster Avenue South will be changed from Civic to Medium Density Residential and Low Density Residential and that the Plan by Neighborhood chapter will be amended to eliminate Brookside School as a public building/amenity. Adopted by the City Council September 20, 2004 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: September 16, 2004 St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 10 ORDINANCE NO.__________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 4100 VERNON AVENUE SOUTH 4135 WEBSTER AVENUE SOUTH THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Parcel One: Lots 10 and 11, Block 10, Suburban Homes Co.’s Addition, Hennepin County, Minnesota (Torrens) Parcel Two: Lot 8, Block 10, Suburban Homes Co.’s Addition, Hennepin County, Minnesota (Torrens) Parcel Three: Lots 1, 2, 3, 4, 5, 6, 7, 9, 30, 31, 32, 33, 34, 35 and 36, Block 10, Suburban Homes Co.’s Addition, Hennepin County, Minnesota; EXCEPT that portion taken by the State of Minnesota for trunk highway purposes as shown by the Final Certificate recorded as Document No. 4040269, described as Parcel 12, S.P. 2734, being that portion of Lots 1, 2, 3, 4, 5 and 6, Block 10, Suburban Homes Co.’s Addition, which lies easterly of the following described line: Beginning at the southeast corner of said Lot 6; thence run northwesterly to a point on the north line of said Lot 4, distant 10 feet west of the northeast corner thereof; thence run northwesterly to a point on the north line of said Lot 2, distant 25 feet west of the northeast corner thereof; thence run westerly on the north line of said Lot 2 to its intersection with a line run parallel with and distant 60 feet west of the east line of said Block 10, thence run northerly on said 60 foot parallel line to its intersection with a line run parallel with and distant 22 feet south of the north line of said Lot 1, then run westerly on said 22-foot parallel line to its intersection with a line run parallel with and distant 70.5 feet west of the east line of said Block 10; thence run northerly on said 70.5 foot parallel line to the north St. Louis Park City Council Meeting 092004 - 8a - Brookside Comp Plan and Zoning Map Change Page 11 line of said Lot 1 and there terminating. (Abstract) EXCEPT the west 90 feet of Lots 30, 31, 32, 33, 34, 35 and 36, Block 10, Suburban Homes Co.’s Addition, Hennepin County, Minnesota Parcel Four: The east 36.66 feet of Lot 29, Block 10, Suburban Homes Co.’s Addition, Hennepin County, Minnesota from R-2 Single Family Residential to R-4 Multi-Family Residential Section 2. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Adopted by the City Council October 4, 2004 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 04-30-Z: res-ord/2004 St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 1 8b. Request of TOLD Development Company for Final Plat approval for Park Commons East 3rd Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase E (Park Commons East 3rd Addition formerly Outlots F and G, Park Commons East) (northwest corner of Excelsior Boulevard and Monterey Drive). Case Nos. 04-36-PUD and 04-37-S Recommended Action: • Motion to approve resolution granting approval of the Final Plat for Park Commons East 3nd Addition. • Motion to approve resolution granting a Major Amendment to the Park Commons East PUD that includes Final PUD approval for Phase E (Excelsior & Grand Phase E) with stated conditions. Background: Comprehensive Plan: Commercial Mixed Use and High-Density Residential Zoning: “M-X” Mixed Use and “R-C” High-Density Residential Lot Size: 1.14 acres Proposed: Retail 14,235 Square Feet Residential 86 units (condominium lofts) Proposed Building Height: 5 stories (approx. 61 feet) Proposed Density 75 units/acre this lot Proposed Parking: Below ground 109 At grade (deck) 58 Street 14 BACKGROUND In July of 2001, the City Council approved the Final PUD and plat for Phase I. Phase I has been completed with 338 residential rental units and approximately 63,000 sq. ft. of retail. When Phase I was originally approved, the overall “Excelsior and Grand” (Park Commons East) project was expected to have the following: ü Approximately 660 total housing units ü 35 owner-occupied housing units ü Approximately 82,000 sq. ft. of retail ü Approximately 37,500 sq. ft. of office. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 2 All future phases in the overall development were approved in concept only, with each future phase to obtain preliminary and final PUD and plat approval prior to construction. Phase II (NE) Final PUD and Plat were approved by the City Council on September 15, 2003. This phase, which is currently under construction, contains 124 residential condominium units and 4,500 square feet of retail. TOLD Development is requesting both preliminary and final PUD and plat approval for the third phase of Park Commons East. This is identified as Phase E and is located on the northwest corner of Excelsior Boulevard and Monterey Drive. The property is currently owned by the St. Louis Park EDA and will be transferred to TOLD based upon satisfaction of requirements outlined in the approved Redevelopment Agreement. TOLD is proposing 86 units of owner- occupied housing, no rental housing, and approximately 14,235 gross sq. ft. of retail space in Phase E. The proposal includes one five-story building with approximately 109 below-ground residential parking stalls. The plat includes one new buildable lot. The Planning Commission held a public hearing for this proposal on August 18, 2004, and recommended approval on a vote of 5-1. The dissenting vote was related to the loading dock location and its relation to the residential uses. PROCESS: A Neighborhood Open House to informally review the Phase E concept was held at the Excelsior & Grand Community Room on April 15, 2004. Feedback was generally very positive. A marketing event was held in June to determine interest in the proposed condominium loft units. The developer reports that interest in these units is strong and he expects presales to go well. The request is for Preliminary/Final Plat and Preliminary/Final PUD approvals for Phase E only. This requires an amendment to the Final PUD for Park Commons East, which covers all of the phases on the 15-acre site. Changes to incorporate a trash removal plan will also be required as condition of approval of the proposed PUD amendment. ISSUES: Ø Are the Preliminary and Final Plat and PUD proposals in conformance with the Comprehensive Plan, adopted PUD, and applicable ordinances and policies? Ø What are the likely impacts on adjacent Westmoreland condominiums and other nearby residential and commercial development? Ø Will any amendments be necessary to the Planning and Redevelopment Contracts? Ø Why is a trash plan being required? Ø What are the results of the required parking study? Ø What are the staging plans and construction worker parking plans for Phase E? St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 3 Analysis of Issues: Ø Are the Preliminary and Final Plat and PUD proposals in conformance with the Comprehensive Plan, adopted PUD, and applicable ordinances and policies? Density and Land Use: The adopted PUD for Park Commons East shows 45,000 square feet of office with first floor retail for this block. The office space in the Twin Cities continues to be at overcapacity and the clock continues to tick toward the final required completion date (according to the development contract, June of 2007 is the required completion date for all phases.) As an alternative to the office use, TOLD is proposing a residential/retail mixed-use for this block. According to TOLD, the number of units being proposed for Phase E (86) plus the number of units proposed for Phase NW will not exceed the total of 660 approved in the EAW and stated in the development contract when added to the 462 units already approved. The Comprehensive Plan and zoning map for this block show Commercial Mixed-Use for that portion abutting Excelsior Boulevard and Residential High Density (RC) for that portion abutting Park Commons Drive. The proposed development plan is in conformance with the existing Comprehensive Plan Land Use Map and Zoning Map in that the proposed mixed-use portion of the building is located over the Mixed-Use portion of the property and the 100% residential portion of the building is located over the high density residential portion of the property. Chapter P – Redevelopment of the Comprehensive Plan does indicate that office use needs to be included within the Park Commons East development, but does not specify a site where office use should occur. Retail Density and Location: Phase E includes about 14,235 gross square feet of retail facing Excelsior Boulevard. The retail parking is proposed on a parking deck with access from Park Commons Drive. This amount of retail meets the “M-X” District requirement for at least 50% of the ground floor to be retail/service. The developer is not proposing any additional full-service restaurants for Phase E. The ground level space along Meridian Lane (RC District) closest to Park Commons Drive would be condominium, condominium amenity space, and the lobby/guest entrance. Setbacks and Pedestrian/Bicycle/Streetscape Amenities: The landscape plan reflects sidewalks with the required minimum pedestrian clearance of 8 feet along Park Commons Drive, Excelsior Boulevard and Monterey Drive and the required minimum 6-foot wide clear area along Meridian Lane. Plant species have been approved by the Environmental Coordinator. A “Park Commons” sign at the corner of Monterey Drive and Excelsior Boulevard is shown on the plan. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 4 Residents of Westmoreland Hills Condominiums have expressed concerns that the number of on- street parking spaces along Park Commons Drive will be reduced and the temporary parking lot on the Phase E lot will be eliminated. The businesses on the east side of Monterey Drive are also currently using the temporary parking lot and are concerned about losing customer parking. When Phase NE is completed, parking will again be available in the parking lot along Wolfe Parkway, adjacent to the Westmoreland Hills building. Also, there is parking available in the public parking ramps for their guests and for customer parking for the retail users. A parking study that includes the parking needs of Westmoreland Hills Condominiums and the retail parking needs for the building across Monterey Drive was recently completed by Walker Parking Consultants. This study indicates that adequate parking is available in the area, even though it may not be as convenient as it has been in the past. (A copy of the parking study is attached.) The developer is not technically responsible for providing parking for surrounding uses, but the Excelsior & Grand and Park Commons streetscape projects have reduced on-street parking previously available. Architecture: Staff believes the proposed architecture complements the Phase One architecture; the building is five stories rather than four with only two brick colors rather than three and painted metal rather than copper. It has a “warehouse loft” appearance with higher ceilings and good detailing. The developer is proposing an internal loading dock along Meridan Lane. The architectural detailing for this dock is shown on the elevation drawings. There has been considerable discussion about the loading dock, since the retail user that TOLD is currently in negotiations with requires a dock that will accommodate a large semi truck. Staff is satisfied that when the truck is in the dock there will still be a clear six feet of sidewalk for pedestrians. TOLD is proposing a metal screen wall for the dock area, and the resolution states that the detail of the screen must be approved by the City. Otherwise, staff and the Planning Commission find the architectural style and materials to be acceptable. Parking: Walker Parking Consultants completed a parking study for the entire area, that indicates adequate parking for the Excelsior & Grand project including Phase E given the existing and proposed parking. For Phase E, approximately one allocated below-ground parking space is proposed per condominium bedroom, which is in keeping with the market. The retail use will utilize the grade level parking deck, on-street parking, and the existing ramps in Phase I. Two hundred additional spaces are required for events and general public use of the town green, amphitheater, and Wolfe Park. Additional interim parking on future phase lots can be required if available public parking proves inadequate. Staff also requested Walker Parking Consultants to review the parking specifically for the east end retail, including the retail use on the east side of Monterey. This was reviewed and the finding was that except for peak retail parking demand that occurs on Saturdays in December, St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 5 the existing parking was adequate. Even during peak times, the parking supply is only short by one or two spaces, according to the study. Truck Radius: The anticipated tenant for the building will require a very large (up to 64-feet long) delivery truck. The delivery truck route will require a right turn from Excelsior Boulevard onto Meridian Lane, backing into the truck dock, and exiting via Park Commons Drive and Monterey Drive. The truck turning movements provided by the developer show that some curbs will be driven over (see attached). As a condition of approval, staff is proposing that any curbs that may be impacted by these movements be reinforced and approved by Public Works. Ø What are the likely impacts on adjacent Westmoreland condominiums and other nearby residential and commercial development? The proposed entrance and exit from the underground resident parking is directly across from Westmoreland Hills Condominiums. A concern related to car headlights shining directly into some unit windows has been raised. The developer has been working with the condominium association and has come up with a landscape solution that will include 4-5 Black Hills Spruce in the area directly across from the drive, and 2-3 additional Austrian Pines behind them (on the Westmoreland building side). This buffer has been added as a condition of approval. Parking has also been identified as an issue for both the condominium owners and the retail users across Monterey Drive. Currently, a temporary parking lot has been developed on the Phase E property to serve these needs. This will be removed with construction of Phase E. The parking study, completed by Walker Parking Consultants, has determined that adequate parking is being provided within the Park Commons area to meet the demand of those users that is not provided on-site. The parking ramp continues to have space, although it is not as convenient as the existing temporary lot. Also, parking along Wolfe Parkway will become available again for the Westmoreland Hills residents after construction of Phase NE is completed. Westmoreland Hills residents and the residents residing in the completed Excelsior & Grand residential building to the west will be impacted by Phase E construction. However, due to traffic impacts along Excelsior Boulevard and Monterey Drive, staff recommends that excavation and other construction vehicles enter the site from Park Commons Drive. The construction site should remain fenced as long as feasible. Construction hours, at a minimum, would need to comply with Code, and the crews have been generally quitting by late afternoon. A few early morning starts were documented for Phase One and the contractors were put on notice that no construction activity can occur prior to 7:00 am on weekdays and 9:00 am on weekends and holidays. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 6 Ø Will any amendments be necessary to the Planning and Redevelopment Contracts? The Planning Contract and EDA Redevelopment Contract will need to be amended. The Planning Contract should reflect approved number of units, construction staging, required completion of improvements prior to occupancy, allowable administrative amendments to the Phase II approvals, and prohibition of sale of garage units to non-residents. The EDA contract currently requires a change in land use and construction timing. Ø Why is a trash plan being required? Excelsior and Grand has in many ways been considered a great success and has gone a long way to meet the goals of Vision St. Louis Park and the Comprehensive Plan to create a town center. However, the function of the site in terms of trash handling was not addressed as well as it should have been for Phase I. Currently, dumpsters are placed in loading areas within the public right of way for daily pick up. There is an ability to create an enclosure in the future Phase NW that will handle some of the dumpster storage. Also, the developer is proposing changes to the truck service area behind McCoy’s to add a screening wall. The goal is to develop a trash handling plan that is acceptable both in the short and long term. There has been emphasis on the design of the trash handling components of Phase E. The resolution includes a condition for addressing trash handling. Ø What are the results of the required parking study? The City has received a draft of a parking study done by Walker Parking Consultants. The study indicates that even at full build-out, there will be adequate parking available for Wolfe Park events as required by the development contract. The developer will continue to explore public parking options in future phases. Ø What are the staging plans and construction worker parking plans for Phase E? Construction staging and construction worker parking becomes more difficult as more development occurs. Construction staging will occur mostly on site, although during construction the sidewalks around the perimeter of the site will be closed. Construction worker parking will be on the third floor of the parking ramp. Recommendation: Staff and the Planning Commission recommend approval of the Final Plat and Major Amendment to the PUD granting Final PUD approval for Park Commons East (Excelsior & Grand) Phase E subject to condition as stated in the Resolution and Ordinance St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 7 Attachments: Resolution approving the Final PUD amendment Resolution approving the Final Plat Proposed Final PUD and Plat exhibits Walker Parking Study parking analysis Prepared By: Judie Erickson, Planning Coordinator 952-924-2574 jerickson@stlouispark.org Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 8 RESOLUTION NO. Amends and Restates Resolutions No. 01-065, 01-091, 01-146, 03-096, 03-126, and 04-033 A RESOLUTION AMENDING AND RESTATING RESOLUTION 04-033 ADOPTED ON MARCH 1, 2004 APPROVING AN AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “M-X” MIXED USE AND “R-C” HIGH DENSITY RESIDENTIAL GRANTING FINAL PUD APPROVAL FOR PHASE E (EXCELSIOR AND GRAND PHASE III) WHEREAS, Excelsior & Grand IV, LLC has made application to the City Council for a major amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code to grant final Planned Unit Development approval for Phase E (Excelsior and Grand Phase III) for property within a M-X Mixed Use and R-C High Density Residential Zoning District having the following legal description: Outlot F and Outlot G, Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-36-PUD) and the effect of the proposed Final PUD to permit 14,235 square feet of retail and 86 units (condominium lofts) of owner-occupied housing in a 5- story building with underground parking on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions and the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. WHEREAS, the City Council has determined that the amendment to the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5) and 36-266(16). WHEREAS, the City Council approved the Preliminary PUD for the overall Park Commons East redevelopment on June 4, 2001, Resolution No. 01-049; and WHEREAS, the City Council approved the Final PUD for Park Commons East on July 23, 2001, Resolution 01-065, and St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 9 WHEREAS, the City Council adopted Resolution No. 01-091 on September 4, 2001 approving an amendment to the approved Final PUD to change the name of the north-south Town Green streets to Grand Way and separate the plat and PUD resolutions, and WHEREAS, the City Council adopted Resolution No. 01-146 on December 17, 2001 approving an amendment to the approved Final PUD to allow issuance of building permits for work through January 15, 2002 prior to recording of the Park Commons East plat, easement and planning contract, and WHEREAS, the Final PUD approval for Park Commons East granted concept approval only for future phases, requiring such phases to obtain subsequent Preliminary and Final PUD approval, and WHEREAS, the City Council approved the Preliminary PUD for Phase NE (Excelsior and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was accepted as substantially complete on August 28, 2003 from the applicant, and WHEREAS, the City Council approved the Final PUD for Phase NE (Excelsior and Grand Phase II) on September 15, 2003, Resolution No. 03-126, and WHEREAS, the City Council approved the amendment to the Final PUD for Phase NE (Excelsior and Grand Phase II) on March 1, 2004, Resolution No. 04-033, and WHEREAS, an application for approval of Final PUD for Phase E (Excelsior and Grand Phase III) was accepted as substantially complete on July 13, 2004, from the applicant, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase E (Excelsior and Grand Phase III) on a 5-1 vote with five members present voting in the affirmative and one member present voting opposed, and WHEREAS, the City Council considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 01-065, 01-091, 01-146, 03-096, 03-126, and 04-033 to add the amendment now required, and to consolidate all conditions applicable to the subject property in this resolution, and WHEREAS, the contents of Planning Case Files 01-07-PUD, 03-19-PUD, 04-03-PUD, and 04-36-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 10 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 04-033 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of granting Final PUD approval for Phase E (Excelsior & Grand Phase III) permitting 14,235 square feet of retail and 86 units of owner-occupied housing in a 5-story building with underground parking for property located within a M-X Mixed Use and R-C High Density Residential Zoning District at the location described above based on the following conditions: (CONDITIONS FOR EXCELSIOR & GRAND PHASE I) 1. The site shall be developed, used, and maintained in conformance with the Final PUD official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the conditions of Final PUD approval. a. to address the recommendations of the Public Works Department dated 7/3/01. b. to address the Plumbing Inspector’s comments dated 7/2/01. c. to preserve the trees on the north side of 38th Street (proposed Grand Place) in front of Westmoreland Hills condominiums. (38th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) d. to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. (Market Avenue changed to Grand Way per Final Plat and Condition No. 1, adopted on September 4, 2001.) e. to meet minimum tree replacement ordinance requirements (that are not related to a cash in lieu payment). f. to coordinate town green and public streetscape improvements with Excelsior Boulevard streetscape plans and input from the selected artist consultant. g. to coordinate park edge improvements with amphitheater plans. h. to address comments from Metro Transit regarding transit locations and improvements. i. to address conditions of required permits from the Watershed District, MPCA, and City. j. to show the names of streets as approved on the Final Plat and current names of 38th/39th Street, which may be changed later by ordinance. (38th/39th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) k. to address final construction changes to the Phase I Official Exhibits and to adopt Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted on September 15, 2003). 2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 11 3. Outdoor seating is permitted in association with restaurants and food service uses subject to any conditions of Final PUD approval for that phase, easement provisions, health codes, and approval of specific outdoor seating plans by the Zoning Administrator. 4. All parking shall be open to the general public at all times except as follows: on-street parking may be restricted by the City, below-ground parking may be restricted to building residents, and a plan for valet parking may be approved by the City. 5. If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, drive aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 6. Proposed “Grand Place” north of 38th/39th may be closed for events as approved by the City. (Street names changed to Grand Way and Park Commons Drive per Final Plat and Condition No. 1 adopted on September 4, 2001.) 7. The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals. 8. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract: a. construction of all streets, on-street parking, and utilities, within the entire PUD area. b. completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park. c. construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator. d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 38th/39th until permanent sidewalks/streetscape are completed during construction of each future phase. (38th/39th Street changed to Park Commons Drive per Ordinance No. 2211-01 adopted on October 3, 2001.) f. construction of the Phase 1 public parking ramps in accordance with approved final plans. g. construction of the police substation and public restrooms in accordance with approved final plans. h. construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans. i. construction of 18 project-based two-bedroom Section 8 units in accordance with public housing agreements. 9. Prior to any site work other than demolition for Park Commons East Phase One: a. the Final Plat and PUD for Phase 1 shall be approved. b. final construction documents for public infrastructure (street, underground utilities; not streetscape) improvements shall be approved by the Public Works Director. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 12 c. required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed District and any other required agencies. d. the MPCA shall be informed of the plans to regrade the southern portion of Wolfe Park and approval shall be received prior to regrading the park, if needed. e. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place. f. plans for maintaining access to existing private condominium parking during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. Prior to issuance of any building permits, which may impose additional conditions: a. Evidence of recording the final plat, easements, and planning contract shall be submitted to the City ,except that Section 14.912F of the St. Louis Park Ordinance Code and the recording requirements are waived to allow, prior to recording of the plat, easement and planning contract, the issuance of building permits authorizing work through and including January 15, 2002. b. the Indirect Source Permit shall be approved by the MPCA, if necessary. c. A lighting and photometric plan shall be approved by the Zoning Administrator. d. An irrigation plan shall be approved by the Zoning Administrator. e. Exterior building material/colors shall be approved by the Zoning Administrator. f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 11. Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 12. Future phases of the Final Plat and PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final Plat and PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed during construction of each future phase. c. A minimum of 35 stacked townhomes for owner-occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. (Amended by Condition No. 14 on August 4, 2003 and September 15, 2003.) d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. e. Variances to the 80 feet minimum lot width of the “R-C” District may be approved subject to Preliminary and Final Plat and PUD approvals. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 13 f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval for construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 13. Prior to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning contract shall be executed between the developer and City/EDA. c. public sidewalk easements shall be approved by the City Attorney for those areas of private development lots between the public street and building setback. (CONDITIONS FOR EXCELSIOR & GRAND PHASE II OR NE) 14. The Planned Unit Development shall be amended on September 15, 2003 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase II Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: i. Double fixture lights matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. Black light poles shall be used along Grand Way and green poles elsewhere to match Phase I. ii. All plans shall reflect additional parking on the east side of Wolfe Parkway as approved by the Zoning Administrator and Public Works Director. iii. Plant species east of Wolfe Parkway shall be approved by the Park & Recreation Director. (Amended by Condition 15 on March 1, 2004) b. There shall be a minimum of approximately 4,500 square feet of gross leasable ground floor retail/service space in the “M-X” District portion of Phase II. c. There shall be a maximum of 120 condominium units and such development shall include individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway and a minimum of four two-story units. (Amended by Condition 15 on March 1, 2004) d. Parking shall comply with the following: i. There shall be a minimum of approximately 177 below-ground parking spaces for residents in Phase II. ii. Temporary public parking on future phase NW is required to be completed and available from May 15, 2003 until all permanent public parking is restored and available. Future phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternate parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 14 iii. Construction worker parking and screening shall be installed on Future Phase E in accordance with final plans approved by the Zoning Administrator; construction worker parking shall be installed and available prior to the start of Phase II construction or an alternate interim plan approved by the Zoning Adminstrator. Future Phase E shall not be used for construction staging or construction trailers. Approval of the temporary gravel surface is contingent upon the developer maintaining adequate dust control. e. Prior to starting any site work, the following conditions shall be met: i The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase II approvals and to address, at a minimum, changes in the approved number of condominium units, construction staging/routes/hours/duration, required completion of improvements prior to occupancy and to address town green/park use, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales and rental to non-residents, and consistency between documents as required and approved by the City Attorney. iii. A new sidewalk easement shall be approved by the City Attorney and recorded against the Phase II property, and as-built Phase I drawings shall be recorded per the executed Phase I sidewalk easement. iv. Phase I and Phase II official exhibits shall be amended as required and signed by the City and applicant. v. Construction worker parking and screening shall be installed and available for use or an alternate interim plan approved by the Zoning Administrator. Approval of the temporary gravel surface on Future Phase E is contingent upon the developer maintaining adequate dust control f. The hours of Phase II construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. The Zoning Administrator may approve outdoor construction beyond 5:00 pm weekdays and on weekends provided the developer requests such approval at least 24 hours in advance and, if approved, the developer is required to provide notice to neighbors as determined by the Zoning Administrator. Construction activity shall comply with all City ordinances at all times. g. Prior to issuance of any Phase II building permits, which may impose additional conditions, the following conditions shall be met: i. color samples of all Phase II materials not used on Phase I, including a color sample of the Phase II crown material, shall be submitted and approved by the Zoning Adminstrator. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 15 ii. a final lighting plan shall be approved by the Public Works Director and Zoning Administrator. h. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. 15. The Planned Unit Development shall be amended on March 1, 2004 to allow the conversion of four two-story units to eight one-story units for a total of 124 Phase NE (Excelsior & Grand Phase II) condominium units and to incorporate all of the preceding conditions and add the following conditions: a. Retention of the individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway. b. Retention of 177 below-ground resident spaces in Phase II. c. Execution of amendments to the Planning Contract, EDA Redevelopment Contract, and any other documents that may require amendment as determined by the City and EDA Attorneys. Such amendments may be required to be executed prior to issuance of a building permit addendum for the condominium unit changes. d. Adherence to all other previously approved PUD and plat conditions. CONDITIONS FOR PHASE E 16. The Planned Unit Development shall be amended on September 20, 2004 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase E (Excelsior and Grand Phase III) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase III Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions. i. Double fixture lights with green poles matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. ii. A supplemental drawing showing trash enclosures for Phase I buildings A, D, and F shall be submitted and approved by the City. iii. A loading dock area designed so that when delivery trucks are present there is a 6-foot clear sidewalk along Meridian Lane. iv. Resolution of screening issues between the proposed entrance on Park Commons Drive and Westmoreland Hills Condominium Association. v. A plan approved by Public Works to reinforce those curbs impacted by delivery trucks along Meridian Lane and Park Commons Drive. vi. Updated drawings that indicate planting box sizes and locations, adequate bicycle parking in appropriate places, adequate outdoor seating areas. vii. Sign details for the Park Commons sign to be located at the corner of Monterey Drive and Excelsior Boulevard shall be submitted and approved by the Planning and Zoning Supervisor. b. There shall be a minimum of approximately 13,000 square feet of gross leasable ground floor retail/service space in the “M-X” District portion of Phase E. c. There shall be a maximum of 86 condominium units and such development shall include individual exterior entrances for ground floor units along Meridian Lane. St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 16 d. Parking shall comply with the following: i. There shall be a minimum of 109 below-ground residential parking stalls in Phase E. ii. There shall be a minimum of 58 off-street, on-grade parking spaces to accommodate the retail portion of Phase E. iii. Future Phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternative parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. iv. Construction worker parking shall be accommodated on the upper level of the Phase I parking ramp. e. Trash handling for Phase I shall be as follows: i. Phase I, Building F trash will be staged and picked up from Phase E loading dock or otherwise accommodated in a manner approved by the Director of Inspections and Community Developer Director. ii. A trash corral shall be constructed in Phase NW to accommodate all trash staging and removal generated from Phase I Building C and Phase NW. No trash receptacle staging will be allowed within the Park Commons Drive public right of way. iii. Phase I, Building D trash will be staged and removed from the Building D truck dock. A brick wall will be constructed to screen outdoor storage of trash receptacles from the public view. iv. Phase I, Building A trash will be staged and picked up from the Phase NW trash corral or otherwise accommodated in a manner approved by the Director of Inspections and Community Developer Director. f. Prior to starting any site work, the following conditions shall be met: i. The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase E approvals and to address, at a minimum, construction staging/routes/hours/duration, required completion of improvements prior to occupancy, allowable administrative amendments, revised construction commencement/ completion dates, prevention of garage space sales to non-residents, and consistency between documents as required by the City Attorney. iii. Phase I official exhibits shall be amended as required and signed by the City and applicant. iv. A copy of permit from Minnehaha Creek Watershed District must be provided. v. An erosion control permit must be secured from the City. g. The hours of Phase E construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 17 shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. h. Prior to issuance of any Phase E building permits, which may impose additional conditions, color samples of all Phase E materials not used on Phase I, shall be submitted and approved by the Planning and Zoning Supervisor. i. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds of Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 20, 2004 City Manager Mayor Attest: City Clerk 04-36-PUD St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 18 RESOLUTION NO. RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF PARK COMMONS EAST 3RD ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Excelsior & Grand IV, LLC, and the City of St. Louis Park EDA, owners and subdividers of the land proposed to be platted as Park Commons East 3rd Addition have submitted an application for approval of 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 thereunder. 2. The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Outlot F and Outlot G, Park Commons East, Hennepin County, Minnesota Conclusion 1. The proposed final plat of Park Commons East 3rd 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: provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. The developer or owner shall pay an administrative fee 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 St. Louis Park City Council Meeting 092004 - 8b - E & G Phase E Final Plat and PUD Page 19 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 September 20, 2004 City Manager Mayor Attest: City Clerk 04-37-S St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 1 8c. Major amendment to an existing CUP to allow increased building height, revised site and building layout and a change from rental to owner occupied units for the residential portion of the proposed mixed use/residential-office development. Case No. 04-40-CUP 1155 Ford Road Recommended Action: Motion to adopt resolution approving a major amendment to 02- 40-CUP to allow increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of the proposed mixed use/residential- office development subject to conditions in the attached resolution Zoning: C-2, General Commercial Comprehensive Plan Designation: Commercial Background: Stonebridge Development is requesting approval for revised site and building plans that were previously approved in 2002 (Cases 02-40-CUP and 02-41-VAR) for a mixed use residential and commercial development on the northeast corner of Ford Road and Wayzata Boulevard. An athletic club currently exists on the site. The existing building would be demolished to make room for the new development. On August 18, 2004, the Planning Commission held a public hearing and recommended approval of the major amendment with the conditions outlined in the attached resolution. Previously Approved Development: The previously approved proposal (Lurie Apartments) was for a five story building, with approximately 5,800 square feet of office, 2,100 square feet of residential support area and 33 parking stalls on the first floor, and four floors of market-rate apartments above. The commercial/office area was to be located in the northern third of the first floor. Sixty five (65) residential units were proposed on the 1.3 acre site for a density of 50 units per acre. An exterior parking lot was proposed to be located on the east side of the building, accessed by a garage entry off of Wayzata Boulevard that goes through the building. Underground residential parking would be accessed on the west side of the building, via a driveway from Ford Road. A variance was granted from the requirement that buildings be setback 15 feet from the back of the curb line for parking lots and interior driveways. This development proposal has not been constructed, but the conditional use permit has been extended and is still valid. Revised Development Proposal: The proposed development is essentially the same as the previously approved Lurie Apartments with the following revisions (attached are the current and proposed plans). St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 2 1. The “L” shaped building footprint has been shifted on the site and flipped to allow direct access to the exterior parking lot from Wayzata Boulevard. The surface parking lot is shifted approximately 100 feet to the south. The previous access to the surface parking through the building has been eliminated. 2. The building height is to be changed from 49 feet to 56 feet to accommodate nine foot tall ceilings. 3. The 65 residential units are now proposed to be owner-occupied condominium units. 4. The driveway access to Wayzata Blvd. is condensed to a single access point. The proposed building is five stories, containing 65 residential condominium units and 8,000 square feet of office and support space. The site would have 135 parking spaces located in a surface lot and under the building. Issues: • Does the amendment meet the Conditional Use Permit requirements for multi-family housing in a C-2 district? • Are other Zoning Ordinance standards being met, including C-2 standards? • Are there other issues? Issues Analysis: • Does the proposal meet the Conditional Use Permit requirements for multi-family housing in a C-2 district? The current zoning on the subject property is “General Commercial”. The residential portion of the proposed development is permitted by CUP in this district. Conditions established by the Zoning Code include: 1. It is part of a larger commercial development permitted within the district. This condition is met. The proposed development is a vertical mixed-use development with an office use on the first floor. The surrounding developments consist of single story office buildings, a multi-story office building and parking ramp, and restaurants. 2. The building design and placement provide a desirable residential environment. This condition is met. The office and residential components of the building are oriented to provide maximum privacy, each having separate entrances and parking. The proposed building provides ground floor and underground parking, a party room, exercise room and guest accommodations. The general size of the building is compatible with the surrounding office/commercial development. The neighborhood consists of multi-story office buildings, ramped parking, a hotel, restaurants, apartments, condominiums, townhouses, and a seven- St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 3 acre park. This CUP amendment would complement this high density, mixed-use neighborhood. 3. Access to open space, plazas and pedestrian ways is provided. This condition is met. Shelard Park is located about 120 feet northwest of the property across Ford Road, which contains passive and active recreation opportunities. The developer is proposing to provide a pedestrian way from the building to the northwest corner of the site that link to adjacent sidewalks and crosswalks across Ford Road. Sidewalks have also been proposed along the portions of the lot abutting Ford Road and Wayzata Boulevard. 4. The housing represents a maximum of 30 percent of the ground floor area of the total development. One hundred percent of floor area above the ground floor may be developed as housing. This condition has been met. The proposed uses on the first floor consist of approximately 26% office, 10% residential and parking on the remainder. The residential use on the first floor is comprised of an office, lobby and party room. There are no residential dwelling units on the first floor. One hundred (100) percent of floors two, three, four and five are proposed to be housing. This condition was intended to prevent a majority of residential development on the ground floor. 5. A minimum of 12% of the site area is developed outdoor recreation area. This condition has been met. The proposal has adequate open space area, and revisions to the landscape plan were submitted following the Planning Commission meeting. The drawing shows the area with a barbeque pit, benches, picnic tables, bike racks, planting beds, and a trellis. This improves the function, edges and definition of the open space area. 6. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. This condition is not applicable as only one building is being proposed. 7. All dwelling units are at or above the grade of all land within a distance of 25 feet from all faces of the buildings. This condition has been met. All residential dwelling units are proposed to be located on or above the second floor of the building. 8. Buildings are located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. This condition has not been met. A variance was granted in 2002 to allow a reduced distance form the curb line to the building. The amended site plan provides adequate separation for St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 4 safety. The reasons for the 2002 variance, the long narrow lot and the desire for usable open space are still applicable to this amendment. 9. Housing density does not exceed 50 units per acre. This condition has been met. The proposed density is 50 units per acre. 10. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. This development is located in the Shelard Park neighborhood. This is a high density area consisting of apartments, condominiums, townhouses, office, hotels, restaurants and ramped parking. The plan by neighborhood development guidelines state that “Any new development should follow the existing development patterns. …Sidewalks should be developed throughout the neighborhood.” This proposal is a mixed-use, high density development that meets these policies as well as the Livable Communities principles as outlined in the Comprehensive Plan. • Are other Zoning Ordinance standards being met including C-2 standards? Compliance Table C2 Ordinance Proposed Height 6 stories or 75 feet 56 feet Setbacks Front: 5 feet, Street Side: 15 feet Side: none Rear: 25 feet Front: 34-7” feet Street side: 27 feet Side: 9 feet Rear: 30 feet Parking Min. required: 132 with 10% transit & 5% bike parking reduction 135 spaces plus 4 proof of parking spaces Outdoor Recreation Area 12% of site, or 6,894 sq. ft Area provided. Revised plan shows additional amenities that improve the function and definition. Landscape Buffers Bufferyard A required to the west Bufferyard A Density 50 units per acre 50 units per acre Floor Area Ratio 2.0 max 1.9 St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 5 Landscaping: A landscape and tree replacement plan has been submitted. The project meets bufferyard requirements along the west and south property lines, and the parking lot landscape requirements. The landscape plan was modified to create a more functional outdoor recreation area, as recommended by the Staff and Planning Commission. The landscape plan may also be required to be modified in order to meet Table 36-364F for minimum landscaping based on project costs. The ordinance also requires that all landscaped areas must provide an underground permanent irrigation system unless drought-tolerant plants are used. Staff recommends that the final landscape plan and irrigation plan be submitted and approved by the Zoning Administrator prior to issuance of a building permit. Parking: The developer is proposing a total of 135 parking stalls with four stalls as proof of parking. Twenty-five stalls on the exterior surface lot will be allocated to the commercial/office uses. The remaining residential stalls are dispersed between the interior lot on the first level and the underground garage. The amount of required parking was reduced from 153 to 132 because it met the allowable parking reduction criteria for having access to a major transit route and by providing on-site bicycle parking. Architectural Standards: The proposed building elevations comply with the City’s exterior materials ordinance. The indicated building materials include brick, glass windows, rock faced concrete masonry units Hardi-plank siding, and metal fascia and trim. The building exterior has 72% Class I materials. The building design has building wall deviations on all four elevations that meet the Code requirement. Grading & Drainage: Public Works is reviewing the revised grading and drainage plans. An initial review indicates that they meet City requirements. Lighting/Signage: A lighting schedule and photometric plan was submitted that described the types of fixtures to be installed and proposed locations. A 16 square foot, 7-foot, 10” tall freestanding sign is proposed. The sign location shows a 2-foot setback. The sign will need to be shifted slightly to meet the City Code minimum 5-foot setback requirement. Prior to the installation of any signs, the applicant must obtain sign permits. Sidewalks: The ordinance requires 5-foot sidewalks along all sides of the lot that abut a public street. Such sidewalks were provided on the submitted plans. Access: Access to this site is gained via driveways to Ford Road and Wayzata Boulevard. The amended driveway access eliminates the need to drive through a portion of the building to access the surface parking lot. Are there any other issues? Staff believes the requested amendments significantly improve the previously approved plan. The access and circulation are better, the exterior materials have a greater proportion of Class I materials, and there is no need to drive through the building to access the surface parking. St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 6 Recommendation: Staff recommends approval of the Major Amendment to the Conditional Use Permit subject to the following conditions: 1. The site and landscape plan shall be revised to show the location of the freestanding sign to comply with the five-foot setback requirement. 2. Prior to any site work, the developer shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent form and revised official exhibits. d. Required erosion control permits, utility permits and other required permits shall be obtained from the City. e. Final sidewalk construction documents are approved by the Public Works Director. 3. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Building material samples must be submitted to and approved by the Zoning Administrator. b. The landscape plan must comply with Table 36-364F. c. Meet all Accessibility Code requirements during construction. 4. The developer shall comply with the following conditions. a. Meet any Fire Department emergency access requirements for during construction. b. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 6. Prior to installation of any signs the applicant shall obtain sign permits. Attachments: Location/zoning map Application materials Development plans (current and proposed) Prepared By: Greg Ingraham, Planning Consultant Meg J. McMonigal, Planning and Zoning Supervisor Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 7 RESOLUTION NO. ____ Amends and Restates Resolution No. 02-094 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 02-094 ADOPTED ON SEPTEMBER 3, 2002 AND GRANTING AMENDMENT TO EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW INCREASED BUILDING HEIGHT, REVISED SITE AND BUILDING LAYOUT AND A CHANGE FROM RENTAL TO OWNER OCCUPIED FOR THE RESIDENTIAL PORTION OF MIXED-USE/RESIDENTIAL-OFFICE DEVELOPMENT AT 1155 FORD ROAD FINDINGS WHEREAS, Stonebridge Development, has made application to the City Council for an amendment to an existing conditional use permit under Section 36-367 of the St. Louis Park Ordinance Code to allow increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of mixed-use/residential-office development at 1155 Ford Road within a C-2 General Commercial Zoning District having the following legal description: That part of the South 2 acres of the East 10 rods of the East ½ of the West ½ of the Northeast ¼, Section 1, Township 117, Range 22, which lies Northerly of the Northerly right-of-way line of U.S. Highway No. 12, and South of a line 67.0 feet North of and parallel to the following described line: Beginning at a point on the West line of said South 2 acres of the East 10 rods distant of 103 feet South from the Northwest corner thereof; thence run East to a point on the East line of said South 2 acres of the East 10 rods distant 113.05 feet South of the Northeast corner thereof and then terminating. WHEREAS, the City Council has considered the information related to Planning Case Nos. 02-40-CUP, 02-41-VAR, and 04-40-CUP and the effect of the proposed revisions on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 02-094 of the St. Louis Park City Council dated September 3, 2002 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 8 WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 02-094, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the development proposal approved by Resolution No. 02-094 has not been constructed, but the conditional use permit has been extended and is still valid; WHEREAS, the contents of Case No. 04-40-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 02-094 filed as Document No. 7824880 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of the mixed use/residential-office development within the C-2 General Commercial District at the location described above based on the following conditions: 1. The site shall be developed, used, and maintained in accordance with the official exhibits, which shall be revised to meet the following conditions: a. Correct tree replacement calculations and size of plant materials in the plant schedule on the landscape plan. b. Move the handicap parking stalls to the northwest side of the exterior lot. c. Revise the east and west building elevations to provide building wall deviations, a minimum of 3 feet in depth that extend from the grade at ground level to the roof. d. Revise parking lot dimension to meet the required amount of usable open space requirements as approved by the Zoning Administrator. e. Remove that portion of the billboard, approximately 49’ x 2.8’, that projects over the southeast property line. 2. Prior to any site work, the developer shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent from and revised official exhibits. d. Required erosion control permits, utility permits and other required permits shall be obtained from the City. e. Final sidewalk construction documents are approved by the Public Works Director and any easements required for installation of sidewalks on private property shall be dedicated to the City. 3. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Building material samples must be submitted to and approved by the Zoning Administrator. b. The landscape plan must comply with Table 36-364F. St. Louis Park City Council Meeting 092004 - 8c - Stonebridge Condos CUP amendment Page 9 c. All building elevations must meet building wall deviation requirements. d. A lighting plan and photometrics and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. e. Meet all Accessibility Code requirements during construction. 4. The developer shall comply with the following conditions. a. Meet any Fire Department emergency access requirements for during construction. b. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Prior to issuance of an occupancy permit the billboard shall be removed from the subject property. 6. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 7. Prior to installation of any signs the applicant shall obtain sign permits. 8. The building height may be decreased to four stories with a commensurate reduction in the number of residential units without amending the conditional use permit. 9. The conditional use permit shall be amended on September 20, 2004 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the revised exhibits, such documents incorporated by reference herein. b. The site and landscape plan shall be revised to show the location of the freestanding sign to comply with the five-foot setback requirement. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. (Signature Block) St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 1 8d. Snow Removal Enforcement Policy Recommended Action: Motion to adopt a resolution which outlines the approach to be used by City staff to enforce the City’s ordinance relative to snow and ice removal on streets in the City of St. Louis Park. Background: Several operational and administrative changes were made to the Snow Removal program for the 2003-2004 winter. The winter parking ordinance, snow and ice control policy, and organizational structure were all revised in an effort to improve the level of service to our residents. The old ordinance prohibited residential parking from 8 a.m. to 5 p.m. once snow accumulation reached two inches. The new ordinance prohibits residential on-street parking anytime snow accumulation reaches three inches, until plowed to the curb. On-street parking is also allowed (via exemptions) in most commercial areas and apartments buildings with only one parking stallff for each dwelling unit. Lastly, the City allows (by permit) households with no off-street parking to park up to two vehicles on the street. During a study session on August 23rd, staff reviewed the snow removal operations undertaken last season and specifically discussed the enforcement component of the City’s snow removal program. As a part of this discussion, staff presented Council with five different snow removal enforcement options. Attached is a copy of the staff report that was sent to the Council. As a result of the discussion, the City Council asked staff to utilize the second option listed in the staff report. This option indicated that the Police Department was authorized to begin issuing citations to vehicles parked illegally on-street after three inches of snow had accumulated, regardless whether the vehicle had been plowed in or not. Council also asked the Police Department to use discretion as part of tagging and towing due to any extenuating circumstances that might exist. Staff feels that it would be helpful to our residents as well as the Public Works and Police Department if the Council adopted a resolution which specifically outlined the snow removal enforcement policy. Attached is a resolution which is intended to carry out staff’s understanding of the Council’s direction. The policy states the following: • The Police Department is authorized to begin issuing citations for vehicles illegally parked on-street when three or more inches of snow have fallen. A citation may be issued whether or not the vehicle has been “plowed in”. • To coordinate the towing of vehicles with the City’s private contractor for vehicles that have been issued a citation and have not been moved. Towing should begin within twenty-four hours from when a citation has been issued. St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 2 • To use discretion in the issuance of citations due to unusual or extenuating circumstances related to a snow event (this includes, but is not limited to, other calls for service to the Police Department such as accidents or medical calls). • Overtime costs associated with enforcement should be held within reasonable limits and in alignment with annual budgetary considerations. Next Steps: If the Council should approve the resolution, staff will take steps to remind and inform the community of our snow removal program and enforcement measures in the City’s Park Perspective, website, and other avenues. Attachment: Resolution Staff Report from August 23 Prepared By: Thomas K. Harmening, City Manager St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 3 REPORT FROM AUGUST 23, 2004 2. Snow Removal Operations Public Works PURPOSE OF DISCUSSION: To recap snow removal operations undertaken in 2003/04 and specifically discuss the enforcement component of the City’s snow removal program. The results of this discussion will then allow staff to make necessary adjustments to the snow removal program for the coming season and provide time to inform residents. BACKGROUND: Several operational and administrative changes were made to the Snow Removal Program for the 03/04 winter. The winter parking ordinance, Snow and Ice Control Policy, and organizational structure were all revised in an effort to improve our level of service to our residents. The old ordinance prohibited residential parking from 8:00 a.m. to 5:00 p.m. once snow accumulation reached two inches. The new ordinance prohibits residential on-street parking anytime snow accumulation reaches three inches, until plowed to the curb. On-street parking is also allowed (via exemptions) in most commercial areas and apartment complexes built with only one parking stall for each dwelling unit. Lastly, we allow (by permit) households with no off-street parking to park up to two vehicles on the street. Overall, staff feels the 03/04 snow removal effort went very well: The new organizational structure provided supervisors with more control of their people; the more restrictive parking ordinance created a safer operating environment with more responsive start times; and the revised Snow and Ice Control Policy enabled a more accurate accounting of the snow removal services provided. More specifically: • Operators noted considerably fewer cars parked on the streets (especially the first half of the winter) • Completion times went from 12:30 p.m. to 9:30 a.m. (even with 2 fewer routes), • Significant manpower efficiencies were achieved by allowing every division to retain control of two staff members (as opposed to zero in previous years) to carry out daily operations. Although many areas of the snow removal operation went very well, Public Works has a continued concern about on street parking. Early on, compliance with the winter parking ordinance was fairly high: operators estimated about 75% of vehicles that used to park on the street were complying with the new ordinance and utilizing off-street parking. Unfortunately, Public Works believes compliance with the parking restrictions dropped significantly during the second half of the winter: operators estimated compliance had dropped to about 25-50%, depending on the route. On average, Public Works, Police and the City Manager’s office received 6-8 enforcement-related complaints each storm. Most complaints involve a lack of compliance and can be paraphrased as follows: St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 4 • “I moved my car but my neighbor didn’t and he wasn’t tagged,” • “My neighbor parked in front of my house so the front of his house is cleared, mine isn’t, and he wasn’t even tagged,” and • “My neighbor’s car hasn’t moved in several days and it’s still not tagged.” DISCUSSION: Staff is requesting Council feedback on how well it felt the snow removal operation went last year. Staff is also requesting specific direction on what level of enforcement staff should use in enforcing our winter parking ordinance. Prohibiting parking during more significant snow falls (3 inches or greater) offers several advantages for the snow removal effort: • Creates a safer, obstruction-free environment (curb-to-curb) • Enables faster completion times because trucks don’t have to slow down to go around cars • Increases overall responsiveness of snow removal effort by significantly decreasing clean up effort on Day 2—subsequent activities (private sidewalk tagging, snow hauling, etc.) would also be completed sooner Currently, patrol officers begin tagging after cars are plowed-in. Officers tag into the night/next morning until the entire city has been covered. If needed, Officers getting off shift are held over and/or others called in to assist in the tagging effort. Cars are only towed if they have not moved after being tagged for 24 hours (this timeframe may be longer than 24 hours based on availability of PD staff). Exempt/permitted areas have a 24-hour grace period to the above scenario. A parking ticket is $33. Recovering a towed vehicle can cost over $100. A list of ticketed and towed vehicles from last winter is included as Appendix A. The City Manager, Public Works and Police have held several meetings in an attempt to identify and discuss enforcement options. The following enforcement options were identified as alternatives for Council discussion and selection: 1) Current practice: Tag plowed-in cars within 24 hours; begin to tow if unmoved after 24 hours (tagging and towing effort is based on availability of PD staff as time permits) Advantages: • Precedence: This is the enforcement policy used last winter • Cost Effective: Minimal (if any) overtime needed; PD can cover the city within 24 hours Disadvantages: • Although PD starts tagging when plows move into neighborhoods (around 5:00 a.m.), officers are frequently tied up until after 9:00 a.m. resolving traffic issues • It’s easier for the public not to comply with the current parking ban (restrictions) 2) Begin tagging cars after 3” snow accumulation – complete the first day; begin to tow if unmoved after 24 hours (tagging and towing effort is based on availability of PD staff as time permits) St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 5 Advantages: • Timely: Tagging effort can start as soon as 3” of snow accumulates • Cost Effective: Minimal (if any) overtime needed • Fair: Everyone susceptible to being tagged Disadvantages: • May be viewed as overly-aggressive 3) Tag all cars, after 3” of snow accumulation, even if not plowed-in, by 8:00 a.m.; begin to tow if unmoved after 24 hours (towing is based on availability of PD staff as time permits) Advantages: • Timely: Tagging effort can start as soon as 3” of snow accumulates • Fair: Increases the likelihood that most parking offenders will be tagged Disadvantages: • May be viewed as overly-aggressive • Very costly, PD estimates it would take an additional 6 officers (on overtime, solely dedicated to the tagging effort) to cover the city within 6 hours 4) No enforcement the first day of storm; begin to tow all plowed-in cars 12 hours after snow removal effort is complete Advantages: • Simple: Eliminates all permits and exempt areas; residents have at least 12 hours to find a cleared parking spot • Most Fair: Everyone treated equally, homeowners, business owners, and renters. Disadvantages: • Could fail if enough parking space can’t be cleared within first 12 hours to allow for legal parking (apartment complexes are very susceptible to failure; right now, only one side of adjacent streets are exempted) 5) Do not enforce, or enforce on complaint only Advantages: • Cost Effective: No overtime needed because very limited tagging will occur • Consistent: Some other ordinances are enforced on complaint only Disadvantages: • Compliance with the parking ban (restrictions) is expected to drop to low levels SUMMARY: Recent changes in St. Louis Park’s winter parking ordinance have focused considerable attention on our enforcement policy. Public Works staff is very concerned that resident failure to obey parking restrictions will cause snow removal operations to revert to pre- 1998 status—resulting in service levels which did not appear to be acceptable to residents or City Council. We are asking for Council comments on the enforcement component of the City’s snow removal program. St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 6 QUESTIONS FOR COUNCIL CONSIDERATION: 1 – What issues, if any, does Council have with snow removal operations (streets, sidewalks, trails, rinks, or parking lots) or enforcement? 2 – Are facilities being cleared soon enough? Well enough? 3 – Would delaying the completion of street snow removal operations from mid morning to mid afternoon (normal storm) be a concern? 4 – Does Council have a desire to change enforcement from our current practice, option #1 above? (If so – which option is preferred?) 5 – Are there other strategies (besides enforcement) that can be used to maintain a high degree of compliance with the parking ban during removal operations? 6 – Should the parking ban (restrictions) be removed or discontinued? 7 – Can the parking ban exempt areas and parking permit requirements be removed or deleted (i.e., implement a complete parking ban)? 8 – Should operations or enforcement be different on weekends than on weekdays? 9 – CORE SERVICE QUESTIONS: • What is the latest time desired (normal storm) for completion of street snow removal operations (day 1)? • How aggressive should enforcement activities be? (i.e., none, tag before removal begins, tag during removal, tag after removal, tow before removal) Attachment: Appendix A Prepared by: Mark P. Hanson, Public Works Operations Superintendent Kirk DiLorenzo, Police Captain Reviewed by: Mike P. Rardin, Public Works Director John Luse, Police Chief Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 7 Appendix A: Tickets and Tows by Date Date Tickets Tows Nov 25, 2003: 80 29 Dec 9-10, 2003: 139 39 Jan 26-27, 2004: 185 24 Feb 1-2, 2004: 140 12 Mar 5, 2004: 59 0 03/04 Winter Total: 603 104 St. Louis Park City Council Meeting 092004 - 8d - Snow Removal Enforcement Policy Page 8 RESOLUTION NO. ______________ SNOW AND ICE REMOVAL ENFORCEMENT POLICY RELATING TO PUBLIC STREETS IN THE CITY OF ST. LOUIS PARK WHEREAS, The City Council has adopted Ordinance #2251-03 establishing snow removal parking restrictions in the city; and WHEREAS, The City Council wishes to ensure safe, efficient and cost effective snow removal operations on public streets in St. Louis Park. NOW THEREFORE BE IT RESOLVED, that the St. Louis Park Police Department, in cooperation/coordination with the Public Works Department, is directed as follows: • To begin issuing citations for vehicles parked illegally on-street when three or more inches of snow have fallen. A citation may be issued whether or not the vehicle has been “plowed in”. • To coordinate the towing of vehicles with the City’s private contractor for vehicles that have been issued a citation and have not been moved. Towing should begin within 24 hours from when a citation has been issued. • To use discretion in the issuance of citations due to unusual or extenuating circumstances related to a snow event (this includes, but is not limited to, other calls for service to the Police Dept. such as accidents or medical calls). • Overtime costs associated with enforcement should be held within reasonable limits and in alignment with annual budgetary considerations. BE IT FURTHER RESOLVED, that this policy becomes effective immediately upon passage of this resolution. Reviewed for Administration: Adopted by the City Council September 20, 2004 City Manager Mayor Attest: City Clerk