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HomeMy WebLinkAbout2003/01/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 21, 2003 7:30 p.m. ***STUDY SESSION TO IMMEDIATELY FOLLOW MEETING – Westwood Room 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Recognition for 2002 Outgoing Board and Commission Members 3. Approval of Minutes a. City Council Meeting of January 6, 2003 Document b. City Council Special Meeting Minutes of January 7, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing to consider granting an off-sale liquor license to Great Bottle of Wine, Inc. 3947 Excelsior Blve, St. Louis Park MN Document Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Resolution appointing Councilmember for At-Large A seat Document Recommended Action: Motion to adopt resolution appointing ________________ to the office of At-Large A Councilmember effective January 21, 2003. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JANUARY 21, 2003 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 Pay Equity Document 4b Motion to adopt the attached resolutions (3) authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, & Wolfe Parkway adjacent to the Excelsior & Grand development Document 4c Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District to sweep Excelsior Boulevard between Wooddale Avenue and Xenwood Avenue in the spring and fall of each year Document 4d Motion to adopt the attached resolution authorizing installation of permit parking in front of 3104 Colorado Avenue South Document 4e Motion to accept and file Planning Commission Minutes of November 6, 2002 Document 4f Motion to accept and file Planning Commission Minutes of December 4, 2002 Document 4g Motion to accept and file Charter Commission Minutes of August 14, 2002 Document 4h Motion to accept and file Charter Commission Minutes of October 9, 2002 Document 4i Motion to Approve Resolution to Amend Housing Improvement Fee for the Cedar Trails Condominium Association Document 4j. Motion to accept Vendor Claim Report for filing (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING JANURY 21, 2003 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 012103 - 3a - Council Minutes of Jan. 6, 2003 Page 1 of 5 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 6, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were preset at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Ron Latz was absent. Also present were the Deputy City Manager (Mr. Pires); City Attorney (Mr. Scott); Planning and Zoning Supervisor (Ms. Jeremiah); Assistant Zoning Administrator (Mr. Morrison); Director of Parks and Recreation (Ms. Walsh); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes a. City Council Minutes Study Session of December 9, 2002 b. City Council Minutes Regular Meeting of December 16, 2002 c. City Council Minutes Special Meeting of December 16, 2002 d. City Council/School Board Joint meeting Minutes November 25, 2002 e. City Council Minutes Special Meeting of December 23, 2002 All minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve amended lease agreement with MnDOT for Webster Park 4b Adopt Resolution 03-003 declaring 2003 City Council meeting dates 4c Adopt Resolution 03-004 designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2003 4d Approve HRC Minutes of September 20, 2002 It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions: None 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public 7a. Case No. 02-60-VAR: Square Feet of Minnesota, LLC Assistant Zoning Administrator Gary Morrison presented a report on the application of Square Feet of Minnesota. The Applicant is appealing the 3-2 Board of Zoning Appeals (BOZA) decision to deny a variance to permit 24 parking spaces as opposed to the required 73 parking spaces at 3300 Gorham Avenue. The Applicant is proposing a second floor addition of 2,695 to be used as office space. Mr. Morrison said not one of the seven criteria for a variance has been met. Nick Smaby is a principal in Square Feet of Minnesota and President of Choice Wood Company (the building’s occupant) located at 3300 Gorham Avenue. Mr. Smaby said his building is directly across the street from a municipal parking lot that accommodates 85 cars and, generally, the lot is only about 1/3 occupied. Mr. Smaby’s business is allocated nine of the 85 spaces. Mark McClellan, 3300 Gorham, reinforced Mr. Smaby’s comments. Councilmember Santa inquired about the municipal parking lot. Mr. Morrison said the lot was constructed in 1964 and has about 87 allocated spaces, i.e., the spaces are accessed to eight properties in varying amounts. Mr. Morrison reported that the original tenant at 3300 Gorham Avenue was a warehouse tenant and was allocated nine spaces. The property at 3300 Gorham is being used as office, and office tenants require a greater number of parking spaces. The eight property owners have purchased the space in the lot. Councilmember Velick inquired about traffic flow. Mr. Morrison said traffic flow is impeded with average or above snowfalls; on-street parking is problematic for one property owner who recently reported that delivery trucks were having difficulty making deliveries; and idling trucks pose concern for at least one property owner. Councilmember Sanger stated that Staff and BOZA are correct in denying the variance, however, the denial does not make sense in the real world. Ms. Jeremiah said the City’s parking ordinance was adopted with the overall zoning code in 1992, and it has not been overhauled in the last 10 years. Councilmember Sanger would like the parking ordinance to be reviewed and brought up-to-date. Ms. Jeremiah said given the current ordinance, the property owners may come together under a Planned Unit Development (PUD), and Staff is open to looking at other options. Ms. Jeremiah added that Staff shall undertake an industrial study of parking requirements in late 2003. Councilmember Brimeyer proposed the possibility of a Special Service District (SSD) for this area and, subsequently, a reallocation of parking spaces in a manner that is fair to all. Councilmember Nelson said the questions that need to be answered are: Has the City allocated the parking spaces? What are the City’s legal obligations in regard to the municipal parking lot? He would like to explore the possibility of a Special Service District. Mayor Jacobs would like to accommodate the Applicant’s request, and alleviate off-street parking in that area. Councilmember Nelson suggested, if the Applicant is agreeable, to defer this item. Councilmember Brimeyer said he would table the item in order to determine what the legal deed requirements are and if this area could be converted to a Special Service District. Councilmember Sanger supports deferring this item, if that is agreeable to the Applicant. Councilmember Sanger asked if spaces in the lot could be rented business-to- business. Mr. Smaby commented that he is asking for just nine additional parking spaces. City Attorney Tom Scott said one option would be to condition the variance, which would apply only to the current use. Acting City Manager Clint Pires asked Staff about a timeline in regard to this issue. Ms. Jeremiah said because BOZA has acted, the appeal is a new application and the 60-day period has begun; permission from the Applicant is required. Mr. Scott requested the Applicant agree to waive the deadline for the Council to act and defer the matter for a specified period of time. Mr. Smaby agreed to waive the deadline. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to defer this item for 60 days. Councilmember Nelson said a Study Session discussion should include industrial parking requirements and how to handle municipal lots. Councilmember Santa added the discussion should include who actually owns the lots, and does the City have the authority to allocate the spaces. Mayor Jacobs said the discussion should include whether or not a Special Service District can supplant the requirements for granting a variance. Councilmember Brimeyer said the focus of industrial parking should be in the 33rd and Gorham Avenue area, not the entire city. His questions are: What is the problem? What are some possible alternative solutions? Notwithstanding a blanket variance, how was the original assessment done and what were the conditions? What are the legal ramifications of either abiding by it, modifying it or ignoring it? What are the options to be considered, i.e., a variance, a Special Service District or a separate parking district. Councilmember Sanger asked: Is there anything the property owners can do for themselves to address the discrepancies? Councilmember Nelson said a survey is needed, and he suspects industrial parking areas are over-parked. The motion passed 6-0. 8. Resolutions, Ordinances, Motions: None 8a. Election of Mayor Pro-tem Minnesota State Statute Section 412.121 requires that Council choose each year an acting Mayor from the Councilmembers. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to adopt Resolution 03-001 appointing Susan Sanger as Mayor Pro-tem. The motion passed 6-0. 8b. Park Reservation Permit Policy Director of Parks and Recreation Cindy Walsh and Chair Nancy Nelson of the Parks and Recreation Advisory Committee reported on the revisions made to the Park Reservation Permit Policy. Chair Nelson said a conflict resolution policy is now stated in writing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the revisions made to the Park Reservation Permit Policy by the Parks and Recreation Advisory Commission. The motion passed 6-0. 9. Communications From Mayor Jacobs: Mayor Jacobs reported that a book signing by authors Kristin Gilpatrick and Rick Peterson will take place at the Rec Center on Sunday, January 19, 2003, and the subject matter of the book, Footprints in Courage: A Bataan Death March Survivor’s Story, is Alf R. Larson. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:36 p.m. __________________________________ ___________________________________ City Clerk Mayor UNOFFICIAL MINUTES CITY COUNCIL SPECIAL MEETING January 7, 2003 The meeting convened at 6:43 p.m. Present at the meeting were Councilmembers Susan Sanger, Susan Santa, Sally Velick, Jim Brimeyer, Chris Nelson and Mayor Jeff Jacobs. The Council convened in the Westwood Room to interview a candidate for the council vacancy created by the election of Ron Latz to the State Legislature. The person interviewed was Paul Omodt. Following the interview discussion took place regarding the appointment. The meeting adjourned at 7:54 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 012103 - 4a - Pay Equity Page 1 of 1 4a. Pay Equity Background: Attached is the revised pay equity report, which includes pay and benefit data on our positions on December 31, 2002. The City is required to submit this data in accordance with the 1984 requirements of the Local Government Pay Equity Act with oversight by State of Minnesota Department of Employee Relations (DOER). Preliminary run through the State of MN Pay equity program shows compliance. Recommendation: I request that this report be issued to the Council at their regular City Council Meeting on Tuesday January 21, 2003. If no comments are received by Council, we will forward the report to DOER stating the Council has reviewed and approved the report. If you have any questions or need additional information regarding this matter, please feel free to ask me. Attachments: Pay Equity Implementation Report (Supplement) Job Classification Information (Supplement) Prepared by: Nancy Gohman, Human Resources Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 1 of 7 4b. Traffic Study No. 571: Motion to adopt the attached resolutions authorizing the installation of parking restrictions on Excelsior Boulevard, Park Commons Drive, Grand Way, & Wolfe Parkway adjacent to the Excelsior & Grand development Background: The Excelsior & Grand development area is unique to St. Louis Park in that it combines residential and commercial areas in close proximity to each other. The desire of the commercial properties is to have ample parking available during their hours of operation. Residents also desire convenient and accessible parking, but likely for longer periods of time than the commercial users and during overnight hours. In order to accommodate the needs of both of these interests, staff has worked with the developer and their management team, to formulate a proposed set of parking restrictions for the streets within the development as well as the two blocks of Excelsior Boulevard adjacent to the development. Parking Modifications/Restrictions: A plan of the recommended parking restrictions is attached. Staff and TOLD realize that this plan may be subject to slight modifications, over the next several years, as the project becomes fully occupied and the needs of the businesses or residents in the area change. Excelsior Boulevard In March of 2002, the City Council authorized parking restrictions along Excelsior Boulevard between Monterey Drive and Princeton Avenue as a part of the Streetscape improvement project. Through discussion with the Community Development Department and the Excelsior & Grand developer, staff is recommending a minor change to those parking restrictions. The existing parking restriction is limited to one hour in the parking bays on the north side of Excelsior Boulevard. The developer has requested the easterly 100 feet of the first parking bay, west of Grand Way on the north side of Excelsior Boulevard, be designated as “No Parking / Loading Zone.” This loading zone will provide service/delivery vehicles a short-term parking area to service businesses along the north side of Excelsior and on Grand Way. No changes are proposed for the parking bays on the south side of Excelsior Boulevard. The existing parking restrictions are: “15-Minute Parking” between Quentin Avenue and Princeton Avenue and “One-Hour Parking” in the parking bay just east of Princeton Avenue. Wolfe Parkway No restrictions are proposed at this time. Park Commons Drive North side - “One-Hour Parking” from the one end of Wolfe Parkway on the west to the other end of Wolfe Parkway on the east. East of Wolfe Parkway, near the Westmoreland Condominiums, was designated as “No Parking” prior to the development and will continue to be designated as such. West of Wolfe Parkway, the existing parking restriction between Quentin Avenue and Princeton Lane is proposed to be unchanged. It is currently restricted to “No Parking”. St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 2 of 7 South side –The bay immediately west of Grand Way will be designated as “One-Hour Parking” except that the first three spaces will also be designated as a “No Parking / Loading Zone.” West of this bay, no parking restrictions are proposed to Quentin Avenue except for a stretch of 85 feet from Quentin to the east which is designated as “No Parking”. This restriction was in place prior to the development to aid visibility. The bay immediately east of Grand Way will be designated as a “15-Minute Parking” area. East of this bay, to Monterey Drive, no restrictions are proposed. Meridian Lane No restrictions, except the first four parking spaces on the west side of the street, just north of Excelsior Boulevard, will be designated as “No Parking / Loading Zone.” Grand Way § The first three parking spaces on either side of the street, just north of Excelsior Boulevard, will be designated as “15-Minute Parking.” § The first three parking spaces on either side of the street, just north of the pedestrian crosswalk, will be designated as “30-Minute Parking.” § The first three parking spaces on the east side of the street, just north of Park Commons Drive, will be designated as “15-Minute Parking.” § All remaining parking spaces will be designated as “1-Hour Parking.” Princeton Lane No restrictions, except the first four parking spaces on the east side of the street, just north of Excelsior Boulevard, will be designated as “No Parking / Loading Zone.” Loading Zones: Loading zones are restricted spaces for short term parking for service and delivery vehicles. Monitoring the use of these spaces will need to be done by both the developer (TOLD) and the City to insure compliance and need. In most cases, rather than restricting the use of these spaces “around-the-clock", the developer is requesting that the loading zone times be restricted to only certain periods of the day. At other times, the parking spaces will be available for normal customer or resident parking, i.e. the loading zone on Park Commons Drive just west of Grand Way will likely be limited to a loading zone from 5:00 a.m. to 8:00 a.m. At other times of the day, a One-Hour parking restriction will be in place. Temporary Municipal Parking Area: At the request of area businesses and residents, the City paved a small parking area on the lot at the corner of Monterey Drive and Excelsior Boulevard. Once construction begins on this lot, the temporary parking will be permanently removed. Since this land is still owned by the City, the parking area is considered a municipal parking lot and will be signed to restrict parking from 2:00 a.m. to 6:00 a.m. year-round. Snow Removal Restrictions: The City’s snow removal ordinance restricts parking on any public street, between the hours of 8:00 a.m. and 5:00 p.m. after a snow fall of two inches or more until the street has been plowed curb to curb. Since this timing is in direct conflict with the operation of the businesses in this area, City staff is recommending that the unrestricted parking areas be exempt from the City’s snowfall parking ban (8:00 a.m. to 5:00 p.m.). Instead, these areas would be posted for “No On-street Parking – November 1 to May 1 from 2 a.m. to 6 a.m.”. This will allow the Special Service District snow removal contractor adequate time to clear and St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 3 of 7 remove snow during non-business hours. Adequate, off-street parking is available for residents and their guests during these time periods. All other areas with 15, 30, or 1-hour parking restrictions do not need the overnight restrictions since the allowed parking time is already limited. No other areas of the City have ever been posted based upon dates in a year. The City Attorney has reviewed this and feels that authority to regulate parking based upon dates is allowable and enforceable within the existing ordinance. Recommendation: Staff recommends that the City Council rescind the following resolutions which authorize past restrictions no longer needed: 3372 4308 6451 7283 89-50 90-28 90-117 91-27 91-95 It is also recommended that the City Council adopt the following parking restrictions: • The addition of a loading zone on the north side of Excelsior Boulevard. • Parking restrictions on Park Commons Drive, Grand Way, Meridian Lane, and Princeton Lane as described herein. § Exemption of Wolfe Parkway, Park Commons Drive, Grand Way, Meridian Lane and Princeton Lane from the 8:00 a.m. to 5:00 p.m. snowfall parking ban; and establishment of “No On-street Parking – November 1 to May 1 from 2:00 a.m. to 6:00 a.m.” on these same streets. Attachments: • TOLD Parking Plan (Supplement) • Resolution-rescinding existing resolutions • Resolution-adopting parking restrictions • Resolution-exempting streets from the snowfall parking ban and establishing parking restrictions during certain dates and times Prepared by: Carlton Moore, Superintendent of Engineering Through: Maria Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 4 of 7 RESOLUTION NO. __________ RESOLUTION RESCINDING CERTAIN RESOLUTIONS RELATED TO PARKING RESTRICTIONS ON PARK COMMONS DRIVE, GRAND WAY, & WOLFE PARKWAY TRAFFIC STUDY NO. 571 WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that revised parking and traffic controls are necessary at this location; and WHEREAS, nine (9) existing parking resolutions listed herein currently prescribe traffic controls in this area which are no longer needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the following resolutions be rescinded: Resolution Number Resolution Date 3372 September 18, 1967 4308 August 16, 1971 6451 December 17, 1979 7283 November 15, 1982 89-50 April 17, 1989 90-28 March 5, 1990 90-117 August 20, 1990 91-27 February 4, 1991 91-95 May 6, 1991 Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 5 of 7 RESOLUTION NO. __________ RESOLUTION AUTHORIZING PARKING RESTRICTIONS ON EXCELSIOR BOULEVARD, PARK COMMONS DRIVE, GRAND WAY WOLFE PARKWAY, MERIDIAN LANE, AND PRINCETON LANE TRAFFIC STUDY NO. 571 WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that traffic controls are necessary at these locations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: Excelsior Boulevard: 1. The first four (4) parking spaces west of Grand Way, on the north side, will be designated as a “No Parking/Loading Zone”. Park Commons Drive: 2. North side: “One-Hour Parking” from Wolfe Parkway on the west to Wolfe Parkway on the east. “No Parking” from Wolfe Parkway on the east to Monterey Drive. South side: “One-Hour Parking” in the parking bay west of Grand Way, except that the three (3) stalls nearest Grand Way will be designated as a “No Parking/Loading Zone”; and, “15-Minute Parking” in the parking bay east of Grand Way. Meridian Lane: 3. The first four (4) parking spaces north of Excelsior Boulevard, on the west side, will be designated as a “No Parking/Loading Zone”. Princeton Lane: 4. The first four (4) parking spaces north of Excelsior Boulevard on the east side, will be designated as a “No Parking/Loading Zone”. Grand Way: 5. Three (3) parking spaces on the east and west side, just north of Excelsior Boulevard, will be designated as “15-Minute Parking”. St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 6 of 7 Three (3) parking spaces on the east and west side, just north of the pedestrian crosswalk, will be designated as “30-Minute Parking”. Three (3) parking spaces on the east side, just north of Park Commons Drive, will be designated as “15-Minute Parking”. All remaining parking spaces will be designated “1-Hour Parking”. Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 012103 - 4b - Park Commons Parking Restrictions Page 7 of 7 RESOLUTION NO. 03-008 RESOLUTION EXEMPTING AREAS OF PARK COMMONS DRIVE, WOLFE PARKWAY, MERIDIAN LANE, AND PRINCETON LANE FROM CITY SNOW REMOVAL ORDINANCE AND ESTABLISHING SNOW REMVOAL PARKING RESTRICTIONS DURING CERTAIN DATES AND TIMES TRAFFIC STUDY NO. 571 WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that the following streets are eligible for exemption from the City’s 8:00 a.m. to 5:00 p.m. snowfall parking ban: § Park Commons Drive from Monterey Drive to Princeton Lane § Grand Way § Wolfe Parkway § Meridian Lane § Princeton Lane WHEREAS, these same streets must be restricted for some time period to allow for snow plowing and removal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that pursuant to Section 30-158 (b)(2) of the City Code, the following streets are added to the previous streets exempted from the 8:00 a.m. to 5:00 p.m. snowfall parking ban: § Park Commons Drive from Monterey Drive to Princeton Lane-both sides § Grand Way-both sides § Wolfe Parkway-both sides § Meridian Lane-both sides § Princeton Lane-both sides BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to install “No Parking 2:00 a.m. to 6:00 a.m. from November 1 to May 1” in the following areas to allow for snow plowing and removal: § The south side of Park Commons Drive from Princeton Lane east to the parking ramp entrance § The south side of Park Commons Drive from Monterey Drive west to the parking ramp entrance § Wolfe Parkway (both sides) § Meridian Lane (both sides) § Princeton Lane (both sides) Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 012103 - 4c - Stormwater Maintence Agreement Page 1 of 3 4c. Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District to sweep Excelsior Boulevard between Wooddale Avenue and Xenwood Avenue in the spring and fall of each year. Background: The City has submitted a permit application to the Minnehaha Creek Watershed District (MCWD) for the reconstruction and widening of the Excelsior Boulevard bridge over Trunk Highway 100. As a condition of the permit issuance and in accordance with the MCWD rules a maintenance agreement must be executed with the watershed district. The proposed agreement with the MCWD commits the City to insuring Excelsior Boulevard is swept twice a year, once in the spring and again in the fall. Although this is a County Road and the County currently sweeps the road twice a year, the City is obligated to insure the permit requirements are met. The County’s sweeping operations meet the permit requirements. However, should the County fail to sweep this section of roadway, the City would be obligated to do so to insure the permit requirements are met. The City Attorney, Mr. Tom Scott, has reviewed the proposed maintenance agreement and authorized its submittal to the City Council for consideration. Attachment: Agreement Prepared by: Carlton Moore, Superintendent of Engineering Through: Maria Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4c - Stormwater Maintence Agreement Page 2 of 3 STORMWATER FACILITY MAINTENANCE AGREEMENT This maintenance agreement is made this day of , 2003, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, hereinafter referred to as “City”, and the MINNEHAHA CREEK WATERSHED DISTRICT, a public body corporate and politic under the laws of the State of Minnesota, hereinafter referred to as “MCWD” to provide for the street sweeping roadway facilities constructed pursuant to MCWD permit application number 01-271. WHEREAS, THE CITY has applied for a permit from the MCWD pursuant to MCWD Rule N, application attached hereto as Attachment 1; and WHEREAS, the property which is the subject of this Agreement is described in Attachment 1 to this Agreement; and WHEREAS, the streets and other parts of the construction project will be public improvements under the control of the City and County, and WHEREAS, MCWD Rule N provides, “A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form.” NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties: 1. The City or its designee will upon completion of the public improvements and in accordance with its local Comprehensive Water Resources Management Plan sweep Excelsior Boulevard ( CASH 3 ) between Wooddale Avenue and Xenwood Avenue in the spring and fall of each year, and remove all sediment and debris. 2. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCWD permit for the project for which the MCWD may take action against Applicant. 3. This agreement will be for an initial term of five years and will automatically renew every five years thereafter unless otherwise agreed to by the parties. 4. IN WITNESS WHEREOF, the parties hereto execute this Maintenance Agreement. Dated: CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4c - Stormwater Maintence Agreement Page 3 of 3 Dated: MINNEHAHA CREEK WATERSHED DISTRICT By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2003, by Jeffrey W. Jacobs and Charles W. Meyer, respectively the Mayor and City Manager of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUCMENT WAS DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 St. Louis Park City Council Agenda Item: 012103 - 4d - Permit Parking at 3104 Colorado Page 1 of 2 4d. Traffic Study No. 572: Motion to adopt the attached resolution authorizing installation of permit parking in front of 3104 Colorado Avenue South Background: The City has received a request from Ms. Sandra M. Wasserman of 3104 Colorado Avenue South to restrict on-street parking in front of her house. Ms. Wasserman has health and related mobility problems. She was issued a disabled persons parking permit and due to her lack of mobility is picked up by Metro Mobility in front of her home. Due to conflicting parking on her street Ms. Wasserman has requested the City install permit parking in front of her home. Staff has discussed this request with Ms. Wasserman. The installation of handicapped parking signs is not feasible, as the parking stall design requirements cannot be met on this local street. However, the City’s Traffic Policy and past practice do allow for permit parking in this situation. It has been the City’s practice to use permit parking, which can be removed when the individual needing the access no longer resides there or no longer needs the access. Staff considers the resident’s request to be valid and supports the installation of permit parking for handicap access at 3104 Colorado Avenue South. This recommendation is based on the following: 1. The resident of the household has health and related mobility problems. 2. Access to the curb in front of the residence is needed. 3. Conflicting parking tendencies with neighbors will be eliminated. Options: Staff has identified the following options available to the Council at this time. * 1. Approve the request. If so, the attached resolution authorizing the installation of the parking regulations may be utilized. 2. Deny the request. * Staff recommendation Attachments: Map (Supplement) Resolution Prepared by: Carlton Moore, Superintendent of Engineering Reviewed by: Maria Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4d - Permit Parking at 3104 Colorado Page 2 of 2 RESOLUTION NO. __________ RESOLUTION AUTHORIZING INSTALLATION OF PERMIT PARKING IN FRONT OF 3104 COLORADO AVENUE SOUTH TRAFFIC STUDY NO. 572 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to establish a parking restriction based upon permit issuance in front of 3104 Colorado Avenue South. BE IT FURTHER RESOLVED that parking shall not be permitted at any time unless the vehicle prominently displays a City issued parking permit on the left rear windshield. Emergency vehicles, governmental vehicles and commercial vehicles parked at curbside while work is conducted are exempt from these restrictions. BE IT FURTHER RESOLVED that the parking restriction enacted herein shall remain in effect as long as the resident resides at the above address and is in need of said restriction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. Permit parking at 3104 Colorado Avenue South Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 012103 - 4e - Planning Commission Minutes of Nov. 6, 2002 Page 1 of 3 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA November 6, 2002 -- 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Phillip Finkelstein, Ken Gothberg, Carl Robertson Jerry Timian arrived at 6:10 p.m. Michael Garelick arrived at 6:15 p.m. MEMBERS ABSENT: Michelle Bissonnette, Dennis Morris STAFF PRESENT: Julie Grove, Janet Jeremiah, Nancy Sells 1. Call to order - Roll Call Chair Gothberg called the meeting to order at 6:06 p.m. 2. Hearings A. Case No. 02-56-ZA Zoning Ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36-366 relative to adding large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts. Associate Planner Julie Grove presented a staff report regarding four zoning ordinance amendments. Two of the amendments are housekeeping items to correct inconsistencies or formatting errors created by previous amendments or recodification; one addresses architectural standards; and one adds a land use classification for large item retail. Chair Gothberg asked if most of the park buildings listed on the Parks and Recreation Building Sizes sheet comply with current code or were they built with mostly wood in the past. Ms. Grove said park buildings were built with wood and some do not comply with current code. Chair Gothberg inquired about the continuing maintenance costs associated with wood as opposed to higher-class materials. Ms. Grove responded staff has looked at that. Chair Gothberg asked into what category a retail store such as Best Buy would fit in regard to large item retail business, i.e., Best Buy sells large appliances but they also sell small items. Ms. Jeremiah said the code states that when there is a question, the City may look to the more stringent requirements, therefore, the business would tend to be held to the higher land use and higher parking requirements. A business could request to split their interior space, and staff would be in a position to consider approval of a split with a condition of occupancy. Commissioner Robertson asked if the same could be applied to a retail business such as Office Max. Ms. Jeremiah responded that it would be only at the request of the retailer and then the retailer would be required to partition the interior. She added that such requests would be considered on a case-by-case basis. If a retailer were to disagree with staff’s interpretation regarding the categorization, an appeal process could be requested. Chair Gothberg opened the public hearing. With no one wishing to speak, Chair Gothberg closed the public hearing. It was moved by Commissioner Robertson to approve Zoning Ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36-366 relative to adding large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts. The motion passed 5-0. 3. Approval of Minutes of August 21, 2002 and September 18, 2002 Commissioner Garelick moved approval of the minutes of August 21, 2002. The motion passed 4-0-1 (Commissioner Gothberg abstained). Commissioner Garelick moved approval of the minutes of September 18, 2002. The motion passed 4-0-1 (Commissioner Robertson abstained). 4. Unfinished Business: None 5. New Business A. Consent Agenda B. Other New Business 6. Communications A. Recent City Council Action – October 7, November 4 Ms. Jeremiah reported that on November 4 second reading of zoning ordinance text amendments regarding detached garages and other accessory structures/uses was approved. She added that a Conditional Use Permit will now be required in the case of cumulative ground floor areas of detached structures in excess of 800 sq. ft. for single-family lots in the R-1, R-2 and R-3 districts and over 1,200 sq. ft. for two-family lots in the R-3 and R-4 districts. The new ordinance will go into effect on November 28, 2002. B. November 20 Planning Commission meeting cancellation C. Other (1) BOZA minutes 8/22/02 (2) BOZA agenda 9/26/02 (3) BOZA agenda 10/24/02 7. Miscellaneous Ms. Jeremiah said the joint meeting on housing will most likely take place after January 1, 2003. Ms. Jeremiah provided an update on Excelsior and Grand construction and leasing. Commissioner Timian asked about the Methodist Hospital expansion. Ms. Jeremiah said Park Nicollet’s most urgent need is for a new heart and vascular facility. Park Nicollet has scheduled neighborhood meetings for November 19 and November 21 to discuss early concept plans for expansion. 8. Adjournment Chair Gothberg adjourned the meeting at 6:42 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA December 4, 2002 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Phillip Finkelstein, Michael Garelick, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells GUESTS: Barry Warner, SRF Consulting Group; John Herman, Executive Vice President & Chief Operating Officer Park Nicollet Health Services 1. Call to order - Roll Call Chair Gothberg called the meeting to order at 6:00 p.m. 2. Approval of Minutes: None 3. Hearings: None 4. Unfinished Business: None 5. New Business A. Elmwood Study Recommendations Planning Coordinator Judie Erickson provided a brief update and review of the Elmwood area transportation and land use study. Barry Warner, SRF Consulting Group, made a presentation. Ms. Erickson reported on the feasibility analysis of some of the land use proposals in the Elmwood Area Study. Commissioner Garelick asked about the status of Highway 100 projects given the State’s deficit. Commissioner Bissonnette said it is difficult to formulate plans without details regarding Highway 100 and the LRT. She prefers low density and single family in the Elmwood area rather than high density. Commissioner Bissonnette thinks the opportunity exists to decrease industrial. Official Minutes – Planning Commission December 4, 2002 Page 2 Planning and Zoning Supervisor Janet Jeremiah said a comprehensive study presentation will be presented at the City Council study session on Monday, December 9th. Commissioners are welcome to attend. Commissioner Finkelstein inquired what could be done to accommodate move-up housing or subsidize single-family homes on West 36th Street. Ms. Erickson said Quadion Corporation would like to have one facility to accommodate all of their employees. Commissioner Timian said the lack of green space near and around Quadion Corporation is undesirable. He asked if that can be corrected if the move is toward high density. Commissioner Morris stated he thinks site reclamation, the cost to clean long term industrial sites for residential zoning, will be huge. Commissioner Morris thinks a 15 year scenario, as opposed to a 30-year scenario, would be far more manageable for the Elmwood area. He stated his concern that the City will be in a reactive mode; he does not want market forces to absolutely dominate and propel the City’s decisions. Chair Gothberg said there is not enough green space available if the move is to high- density residential development. Chair Gothberg said he does not want to discourage pedestrian traffic and people friendly environments. He does not want development to tear apart the community’s infrastructure, and he is disturbed to see some of the plans depicting roadway passing through a church. Commissioner Robertson said the possible additional link over Highway 100 does not appear to be pedestrian friendly, however, there appears to be some consideration to open up West 36th Street to provide greater access for pedestrians. Commissioner Robertson said the highest and best use of the land must be considered; another consideration is what the area wants to be or is becoming. Commissioner Robertson thinks this area could sustain a higher density and perhaps would provide a buffer between Highway 100 and residential. He added that the move from freight rail to LRT could mean a move from light industrial to residential. He said this area is probably not the right location to meet the goals of low-density single family, affordable housing and move up housing. David McBride, pastor of Aldersgate Church, 4312 Alabama Avenue South, expressed his appreciation to Mr. Warner and the work done by SRF Consulting Group. Pastor McBride said the position of Aldersgate Church is, if a road consumes the church’s property, the church would only consider relocation within St. Louis Park, and it would be difficult to find an adequate parcel in the City on which to relocate. Todd Johnson, 301 Ardmore Drive, Golden Valley, represents the Dworsky Family Trust (DFT). In response to Mr. Johnson’s question about proposed land use changes for the DFT property, Mr. Warner said that the consultant study shows the property on either Official Minutes – Planning Commission December 4, 2002 Page 3 side of Wooddale and Highway 7 zoned for low to moderate density office and the neighborhood proposal shows retail and office with transit oriented access. Mr. Johnson asked if there are any locations within the study area that have 20,000 cars per day—with the exception of Highway 7, which has 34,500. Mr. Warner said the Highway 100 frontage has about 100,000 cars per day; Wooddale Avenue south of Highway 7 has 6,400; and West 36th Street has 12,000. Mr. Johnson said the DFT’s goal for their property is for service oriented business and they would like to the develop the kind of land use the neighborhood is asking for. He said if the Highway 7/Wooddale intersection is guided as low density office, it would not be workable for the DFT. Mr. Johnson expressed the DFT’s willingness to be cooperative in realigning the frontage road. Commissioner Morris commented that the re-routing of the frontage road is guided by Hennepin County. Ms. Jeremiah stated that the frontage road is currently MNDOT right-of-way. Some limited retail with office could be considered under the proposed land use. The concern with substantial retail is traffic. Ms. Erickson said there will be another community and technical advisory meeting on December 13th. After December 9th, SRF will compile a report on the Elmwood study and send it to the City Council for review in early January 2003. A traffic study is upcoming in regard to the Park Nicollet and Methodist Hospital expansions. Tim Miller, 3937 Xenwood Avenue South, said a bridge across Highway 100, near his home, would cause him a great deal of stress due to the negative impact of high volume traffic. Commissioner Robertson emphasized that this is a study consisting of what if scenarios. B. Overview – Park Nicollet Expansion Ms. Jeremiah gave a brief overview of the status of the Park Nicollet and Methodist Hospital expansions. John Herman, Executive Vice President and Chief Operating Officer of Park Nicollet Health Services, provided a presentation which he said was similar to the presentations given at the November 19th and 21st neighborhood meetings, which were sponsored by Park Nicollet. Chair Gothberg asked about simplifying the access into the Park Nicollet Clinic campus and its parking ramp. Mr. Herman said the awkward entry and exiting routes to the clinic Official Minutes – Planning Commission December 4, 2002 Page 4 are being studied for the entire campus area. Mr. Herman said a north-south route is being scrutinized, however, there are significant obstacles to that possibility. Commissioner Robertson asked if there are plans to expand upon psychological services and facilities. Mr. Herman responded that behavioral health in-patient care is a challenge due to poor reimbursement and lack of incentives to grow in that area. He said Park Nicollet no longer provides in-patient psychological services or coverage, they use Abbott Northwestern. In response to Commissioner Morris’ inquiry regarding the role of the Planning Commission to the proposed expansions, Ms. Jeremiah said the Park Nicollet campus is under a PUD, and Park Nicollet would be required to apply for final PUD approval for any of the plans they are proposing for the Park Nicollet campus; in fact, almost all changes presented would need to go back to preliminary as well. Ms. Jeremiah stated that environmental and traffic studies would be undertaken for both campuses. The review process for Methodist development plans depends on the intensity of the plans. Commissioner Morris commented that it appears that parking ramp structures would be acceptable to the nearby neighbors; perhaps, traffic is the biggest issue. Ms. Jeremiah said the Planning Commission will receive the Environmental Assessment Worksheet (EAW) for review and comment on traffic and other impacts. Mr. Herman remarked that Park Nicollet is attempting to stay in line with the original PUD for the Park Nicollet campus. Commissioner Robertson asked Park Nicollet’s thoughts in regard to the extension of Wooddale Avenue and another bridge across Highway 100 going directly into the Park Nicollet campus. Mr. Herman responded that Park Nicollet understands the need to connect and take some of the pressure off of Excelsior Blvd. and Highway 100, be it a bridge somewhere across Highway 100. Mr. Herman stated that no funding for a bridge will be available from Park Nicollet. 6. Communications A. Recent City Council Action – November 18, December 2 B. BOZA agenda December 3 C. Planning Commission December 18 cancelled D. Planning Commission January 8 (instead of January 1) Chair Gothberg noted that election of Planning Commission officers will be coming up shortly. Official Minutes – Planning Commission December 4, 2002 Page 5 7. Miscellaneous 8. Adjournment Chair Gothberg adjourned the meeting at 8:25 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 1 of 6 MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA August 14, 2002 City Hall, Council Chambers I. Call to Order Chair Carver called the meeting to order at 7:00 p.m. Introductions and Attendance It was moved by Commissioner Loftus and seconded by Commissioner Walsh to excuse the absence of the following member: Michael Sixel. MOTION PASSED UNANIMOUSLY. A. Members Present: Paul Carver, Carol Walsh, Cynthia Ahrens, Nathan Busch, Cheryl Ernst, Brian Fiderlein, Marilyn Hoeft, Linda Jennings, David Johnson, and Janice Loftus. Christopher Johnson arrived at 7:02; James Schaefer arrived at 7:05; and David Ornstein arrived at 7:15 p.m. B. Members Excused: Michael Sixel. C. Members Unexcused: Not applicable. D. Staff and Guests Present: Deputy City Manager Clint Pires; St. Louis Park League of Women Voters Celia Andersen; and Recording Secretary Linda Samson. E. Vacancies: One. II. Approval of Minutes It was moved by Commissioner Hoeft and seconded by Commissioner Jennings that the minutes of May 15, 2002 be approved as presented. MOTION PASSED UNANIMOUSLY. Commissioner Loftus abstained. III. Status of Police Citizens Advisory Committee--verbal St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 2 of 6 Deputy City Manager Clint Pires reported that he spoke with City Manager Charlie Meyer and Police Chief John Luse regarding the status of the Police Citizens Advisory Committee. It is anticipated that the Police Citizens Advisory Committee will be comprised of 12 members, two of whom will be youth members. Mr. Pires stated individuals interested in the Committee have expressed the desire to have an educational component that will afford them the opportunity to learn more about police work. Mr. Pires said he hopes the Police Citizens Advisory Committee will be as valuable as the former Police Civil Service Commission. Commissioner Schaefer arrived at 7:05 p.m. Commissioner Ahrens asked what the length of committee members’ terms would be. Mr. Pires replied, at this time, there are no set guidelines; and it is a committee and not a commission. IV. Legislative Update (including Fire Civil Service Legislation)—verbal and see attached summary Mr. Pires said local government aid (LGA) is still on the Legislature’s table for discussion. We have already started a budget year, and cities may experience retroactive cuts. Mr. Pires noted that potential retroactive cuts might be dependent upon election outcomes. Mr. Pires reported the Fire Civil Service legislation has stalled, and its fate may be dependent upon election outcomes. Support for the legislation varies among current State elected officials, with some feeling this is an issue to be resolved at local level. V. Annual Presentation to City Council (see attached report)—verbal update from Chair Chair Carver thanked Mr. Pires for his help in preparing the Charter Commission Annual Report and Work Plan for presentation to the City Council on July 15, 2002. Chair Carver reported to the Commissioners that the City Council is very appreciative of the Charter Commission’s work and the excellent feedback the City Council receives. Chair Carver said the City Council expressed a keen interest in the issue of simultaneous membership on governing boards, and Commissioner David Johnson added that simultaneous membership piqued the Council’s attention. St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 3 of 6 Commissioner Loftus reported that about 10-12 years ago, every commission had one councilmember on board. Commissioner Ornstein arrived at 7:15 p.m. VI. Simultaneous Membership on Boards and Commissions (see attached materials) The discussion began with Commissioner David Johnson’s comment that he thought simultaneous membership referred only to the City Council and the Charter Commission. Chair Carver said simultaneous membership shall refer to a broader context. Mr. Pires called the Commissioners’ attention to the attached materials called Simultaneous Membership on Boards and Commissions, Background Materials and the accompanying City Code of Ordinances, Article IV. Commissioner Ahrens said she would like to approach simultaneous membership from a positive perspective, i.e., she does not want to impose a lot of red flags with “can’t do” impositions. It was noted that Councilmember Nelson resigned from the Charter Commission in favor of a Council seat. Chair Carver led the discussion with a question: If someone holds simultaneous membership, is there an impropriety? Commissioner Ahrens stated perhaps simultaneous membership would create conflicts of interest. Commissioner Chris Johnson suggested one could consult with peers and ask if they see conflicts. Chair Carver commented, given all City advisory boards, all are appointed by the City Council. Mr. Pires said yes, however, a judge appoints commissioners for the Charter Commission, and voters elect City councilmembers. Commissioner Loftus remarked, in the past, the purpose of having a Councilmember on both the City Council and the Charter Commission was to bridge and facilitate communication between the two groups. According to Commissioner Loftus, when that practice ended, communications continued via the staff liaisons and the minutes. Commissioner Chris Johnson asked if the City Council thinks it is receiving adequate feedback from the Commissions. One Commissioner responded in the affirmative saying City staff input and meeting minutes provide feedback. Commissioner Ornstein offered to obtain and distribute the Attorney General’s opinion regarding simultaneous membership (dual service) to the Charter Commission. St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 4 of 6 Mr. Pires commented that Eric Hedke found nothing in eight other City Charters; however, Staples, Minnesota has one dual service member. Mr. Pires noted that HR 2168 did not pass. Commissioner Hoeft asked if the City Council is the appropriate group to oversee the Board of Appeals and Equalization. Mr. Pires said the City Assessor serves on the Board of Appeals and Equalization, and he only presents information and valuations—he does not vote. Mr. Pires added that property owners may exercise the option to present their cases to the Board of Appeals and Equalization and the City C ouncil. Chair Carver asked if the Board of Appeals and Equalization is a special board. Mr. Pires said he will check on that. Chair Carver does not want to discourage simultaneous membership, and occasional potential conflicts may be addressed by abstentions. Commissioner Chris Johnson is unsure if conflicts of interests would exist. He would like to read the Attorney General’s opinions. Commissioner C. Johnson suggests the Charter Commissioner collect and digest the opinions. Commissioner Walsh expressed her desire not to close people off; it may be enough to serve on one commission so that more may serve. Commissioner Ornstein asked if there is any policy regarding City Staff serving on a board. Commissioner Hoeft commented that she thinks City employees should not serve on boards and commissions. Commissioner Ahrens responded that is more a City policy; she asked, Does the City Human Resources department have guidelines? Commissioner Ornstein commented it may be best to go on a case-by-case basis. Chair Carver proposed that the need is to identify chronic areas of potential conflict. One way to do that is to obtain court cases and the Attorney General’s opinions. Commissioner Ornstein said he shall send information he has from the League of Minnesota Cities. Mr. Pires stated that St. Louis Park business owners pay a significant proportion of the City’s taxes, and they have a stake in City affairs. A question some have raised is: May business owners, who are not St. Louis Park residents, serve on advisory boards and commissions? St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 5 of 6 Commissioner Ahrens asked if there is an ethics provision for all boards. Mr. Pires replied there is for the Charter Commission. It was noted that Charter Chapter 12 – Code of Ethics could be reviewed at the next meeting. Commissioner Walsh suggested inviting a guest who will address the Charter Commission on the subjects of ethics in government and conflicts of interest, in particular. Ken Goodpaster from the University of St. Thomas was mentioned as a knowledgeable person, and Commissioner Schaefer (and Mr. Pires, too) will contact Mr. Goodpaster. VII. 2004 Charter Celebration/Civic Education Opportunities Mr. Pires reported that the City Council would like to encompass the 2004 Charter Celebration as a teaching tool and take the Charter Celebration to St. Louis Park schools. Commissioner Walsh asked if the League of Minnesota Cities has research information regarding such a celebration. Commissioner Jennings asked, What cities are older than St. Louis Park? Fridley is one. Commissioner Loftus recommended involving former mayors and councilmembers. At this time, it is agreed that the celebration committee will be comprised of Commissioners Linda Jennings, Janice Loftus, and Carol Walsh. Commissioner Ahrens suggested contacting businesses for financial donations and for their involvement. VIII. Future Meetings The next meeting is scheduled to be October 9, 2002. Commissioner Walsh indicated she will be out of town. IX. Other Business Chair Carver announced the resignation of Bryan Leary. Commissioner Ahrens’ prior service as Chair of the Charter Commission was recognized. It was announced that Commissioner Ahrens was the recent recipient of the Twin West Chamber of Commerce Woman of Achievement Award. X. Adjournment St. Louis Park City Council Agenda Item: 012103 - 4g - Charter Commission Minutes of Aug. 14, 2002 Page 6 of 6 As there was no other business, at 8:26 p.m., Commissioner Schafer moved and Commissioner Chris Johnson seconded adjournment. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Linda Samson Recording Secretary and Clint Pires City Staff Liaison and Deputy City Manager St. Louis Park City Council Agenda Item: 012103 - 4h - Charter Commission Minutes of October 9, 2002 Page 1 of 4 MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA October 9, 2002 City Hall, Council Chambers I. Call to Order Chair Carver called the meeting to order at 7:02 p.m. Introductions and Attendance It was moved by Commissioner Ahrens and seconded by Commissioner Sixel to excuse the absences of the following members: Linda Jennings and Carol Walsh. MOTION PASSED UNANIMOUSLY. A. Members Present: Paul Carver, Michael Sixel, Cynthia Ahrens, Nathan Busch, Cheryl Ernst, Brian Fiderlein, Marilyn Hoeft, Christopher Johnson, Janice Loftus, and David Ornstein. James Schaefer arrived at 7:30 p.m. B. Members Excused: Linda Jennings and Carol Walsh. C. Members Unexcused: David Johnson. D. Staff and Guests Present: Deputy City Manager Clint Pires; St. Louis Park League of Women Voters Representative Celia Andersen; and Recording Secretary Linda Samson. E. Vacancies: One pending. II. Approval of Minutes of August 14, 2002 Corrections: From Commissioner Loftus: Item VI, Paragraph 6, add and minutes at the end of the last sentence. From Commissioner Loftus: Item VI, Paragraph 15, Line 1, delete and. From Commissioner Hoeft: Item IV, Paragraph 2, change various to varies. St. Louis Park City Council Agenda Item: 012103 - 4h - Charter Commission Minutes of October 9, 2002 Page 2 of 4 It was moved by Commissioner Loftus and seconded by Commissioner Hoeft that the minutes of August 14, 2002 be approved as amended. MOTION PASSED UNANIMOUSLY. III. Commission Vacancy Status Deputy City Manager Clint Pires said there is one Charter Commission vacancy, and applicant Michelle Olmstead is in the audience. Mr. Pires anticipates having a decision from Chief Judge Burke’s office in about 10 days regarding Ms. Olmstead’s application for the Charter Commission. IV. Status of Police Citizens Advisory Committee Mr. Pires reported that the Police Citizens Advisory Committee continues to meet, and their discussions include drafting a mission statement and establishing goals. The Committee is expected to then draft strategies and action steps. V. Simultaneous Membership on Boards and Commissions Commissioner Ornstein provided materials on simultaneous membership. As City Attorney for Bloomington, Commissioner Ornstein has experience working on codes of ethics and personnel policies on ethics. Mr. Pires asked: If no other provisions are in place, then simultaneous service is acceptable—unless there is a conflict or an incompatibility? Commissioner Ornstein replied that is correct, potential conflicts included. Commissioner Ahrens asked if the Charter Commission is different because a judge appoints individuals. It was noted that the Chief Judge will decide if appointments could be problematic. Mr. Pires added that the Chief Judge typically makes inquiries regarding potential conflicts of interest prior to appointments. Chair Carver asked Mr. Pires if he is aware of any cases of conflicts of interest on the Charter Commission. Mr. Pires said in his four years as staff liaison there have been no known conflicts of interest. Chair Carver remarked that he never experienced a conflict of interest while serving simultaneously on the Planning Commission and the Charter Commission. Commissioner Chris Johnson stated he cannot identify a potential conflict. Commissioner Sixel commented that it is hard for him to imagine a conflict of interest. St. Louis Park City Council Agenda Item: 012103 - 4h - Charter Commission Minutes of October 9, 2002 Page 3 of 4 Commissioner Schaefer arrived at 7:30 p.m. Commissioner Chris Johnson would like to take the discussion regarding simultaneous membership off the table. Commissioner Ernst inquired what kinds of recommendations the Charter Commission would make. Chair Carver said the possibilities are quite open. Commissioner Loftus proposed that simultaneous membership be allowed until a replacement is found, i.e., if a commissioner is moving from one board or commission to another. Commissioner Chris Johnson said there is some protection provided in Section 12 of the St. Louis Park Charter. He said he has faith the Chief Judge and City Councilmembers will make appropriate and sound decisions when appointing Commissioners. Chair Carver commented that participation on boards and commissions should not be discouraged. The City Charter addresses conflicts of interest and the doctrine of incompatibility, and legal and moral considerations are in place to prevent problems. He noted that the City’s personnel policy manual states that City employees may not serve. Chair Carver suggested the Charter Commission draft a paragraph regarding their stand on simultaneous membership. It was moved by Commissioner Sixel and seconded by Commissioner Chris Johnson to close the discussion and prepare a closing report (paragraph) regarding no action to be taken on simultaneous membership on boards and commissions. MOTION PASSED UNANIMOUSLY. Commissioner Ahrens requested the report (paragraph) be sent to the League of Minnesota Cities. Mr. Pires will submit the paragraph to the Charter Commission for review and modification first, then to the City Council. Mr. Pires distributed information regarding the Board of Appeals and Equalization. Mr. Pires said, by default, the City Council is the Board of Appeals and Equalization. The information was obtained from Minnesota Statutes, Chapter 274. St. Louis Park City Council Agenda Item: 012103 - 4h - Charter Commission Minutes of October 9, 2002 Page 4 of 4 VI. 2004 Charter Celebration/Civic Education Opportunities Commissioner Loftus reported that she along with other Task Force members, Linda Jennings and Carol Walsh, will meet with Communications Coordinator Lynn Schwartz sometime during the last two weeks in October. Mr. Pires said Dave Kennedy, of Kennedy & Graven, will attend a Charter Commission meeting to offer an historical perspective. VII. Future Meetings The next meeting is scheduled to be January 8, 2003. VIII. Other Business: None IX. Adjournment As there was no other business, at 7:49 p.m., Commissioner Schaefer moved and Commissioner Chris Johnson seconded adjournment. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Linda Samson Recording Secretary and Clint Pires City Staff Liaison and Deputy City Manager St. Louis Park City Council Agenda Item: 012103 - 4i - Cedar Trails HIA Amended Fee Resolution Page 1 of 4 4i. Motion to Approve Resolution to Amend Housing Improvement Fee for the Cedar Trails Condominium Association Background: A public hearing to establish the Cedar Trails Housing Improvement Area (HIA) and impose fees was held on October 7, 2002. On November 4, 2002, the City Council passed an ordinance and resolutions related to the Cedar Trails HIA. Ordinance No. 2231-02 established the Cedar Trails HIA for the purpose of lending the Association money to make common area improvements at a cost of $1,365,742. Resolution No. 02-117, approved imposition of a housing improvement fee for the Cedar Trails HIA for the purpose of loan repayment by association unit owners. The Ordinance and Resolution became effective December 19, 2002. Fees will be payable with real estate taxes beginning in 2004. Reduction of fee for owners with garages: The approved fee resolution stated the dollar amount of fees to be imposed, as well as the ratio of ownership that determined each unit’s fee. The fee imposed for each housing unit and garage is based on the percent of undivided interest in common areas and facilities according to the Association’s Declaration of Apartment Ownership. The published fee for garages although based on the correct percent of undivided interest was wrong and needs to be corrected. Without correction, repayment in excess of the loan amount will result. The miscalculation impacts owners with garages, or 159 owners. Owners of garages will be assessed $94.32 less than the amount originally publicized (and the original basis for imposing the fee remains the same). The adjustment will ensure that repayment does not exceed the loan amount of $1,365,742. Although the HIA State Statute does not legally require passage of an amended fee resolution, staff and counsel from Kennedy & Graven suggest the correction be formalized with an amended fee resolution that reflects the reduced fee to garage owners. Notification to impacted residents would be included in a late summer mailing to remind all owners of the expiration of the prepayment period of November 20, 2003. Recommendation: Staff recommends that Council approve the amended fee resolution for the Cedar Trails Housing Improvement Area. Attachments: Resolution Approving an Amended Housing Improvement Fee for the Cedar Trails Housing Improvement Area Pursuant to Minnesota Statutes Chapter 428A.11 to 428A.21 Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 4i - Cedar Trails HIA Amended Fee Resolution Page 2 of 4 CITY OF ST. LOUIS PARK RESOLUTION NO.________ RESOLUTION APPROVING AN AMENDED HOUSING IMPROVEMENT FEE FOR THE CEDAR TRAILS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES CHAPTER 428A.11 to 428A.21. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: Section 1. Recitals. 1.01. The City of St. Louis Park ("City") is authorized under Minnesota Statutes Chapter 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The St. Louis Park City Council adopted a Housing Improvement Area policy on July 16, 2001. 1.03. By Ordinance No. 2232-02 adopted November 4, 2002 (the "Enabling Ordinance"), the Council established the Cedar Trails Housing Improvement Area in order to facilitate certain improvements to property known as the "Cedar Trails Condominiums," all in accordance with the Housing Improvement Area policy. 1.04. By Resolution No. 02-117 adopted November 4, 2002 (the "Original Fee Resolution") the City Council imposed a housing improvement fee on the Housing Units in the Cedar Trails Housing Improvement Area in order to finance certain housing improvements in that area. 1.05. Since adoption of the Original Fee Resolution, the City has received information from the Cedar Trails Condominium Association and the City’s financial advisors regarding the advisability of reducing the housing improvement fee on those Housing Units with garages in the Cedar Trails Housing Improvement Area. 1.06. The City has determined that the housing improvement fee should be reduced for those Housing Units with garages in the Cedar Trails Housing Improvement Area. Section 2. Housing Improvement Fee Amended. 2.01. The City hereby amends the Housing Improvement Fee by reducing the amount of the fee imposed on each housing unit with a garage within the Cedar Trails Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto. The amended Housing Improvement Fee is imposed on the same basis as under the Original Fee Resolution, or on the basis of each housing unit and garage unit’s Percent of Undivided Interest in Common Areas and St. Louis Park City Council Agenda Item: 012103 - 4i - Cedar Trails HIA Amended Fee Resolution Page 3 of 4 Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Cedar Trails Condominium, dated as of September 10, 1979, and as shown under the heading Undivided Ownership in that Exhibit. Section 3. Effective Date. 3.01. Pursuant to this Resolution, the amended Housing Improvement Fee shall be effective on the date of adoption hereof. Section 4. Filing of Amended Housing Improvement Fee. 4.01. The City Clerk or other staff of the City are hereby directed to file, at the same time as the filing with of the Original Fee Resolution, a certified copy of this resolution and the attached Housing Improvement Fee schedule in Exhibit A with the Hennepin County Director of Taxation, to be recorded on the property tax lists of the county for taxes payable in 2004 and thereafter. 4.02. The City Clerk or other staff of the City are hereby directed to give reasonable notice to unit owners of this Amended Housing Improvement Fee at whatever time the staff deems appropriate. Approved by the City Council of the City of St. Louis Park this __________ of _________, 2003. Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: City Clerk Cynthia Reichert, City Clerk St. Louis Park City Council Agenda Item: 012103 - 4i - Cedar Trails HIA Amended Fee Resolution Page 4 of 4 EXHIBIT A TO RESOLUTION NO. _____ Undivided Percent of Annual Prepayment Annual Prepayment Ownership Dues W/O Garage Without W/Garage With Structure 10 Years Garage 10 Years Garage 0.2999% 9.60% 592.65 4,095.86 625.85 4,329.64 0.3179% 14.31% 628.23 4,341.69 661.43 4,575.47 0.3265% 0.33% 645.22 4,459.15 678.42 4,692.93 0.3267% 4.57% 645.62 4,461.88 678.82 4,695.66 0.3355% 3.36% 663.01 4,582.06 696.21 4,815.84 0.3426% 0.69% 677.04 4,679.03 710.24 4,912.81 0.3442% 17.21% 680.20 4,700.88 713.40 4,934.66 0.3535% 1.41% 698.58 4,827.90 731.78 5,061.68 0.3622% 7.24% 715.77 4,946.72 748.97 5,180.50 0.3711% 21.52% 733.36 5,068.27 766.56 5,302.05 0.3713% 2.23% 733.75 5,071.00 766.95 5,304.78 0.3800% 3.04% 750.95 5,189.82 784.15 5,423.60 0.3890% 9.73% 768.73 5,312.74 801.93 5,546.52 0.3900% 0.39% 770.71 5,326.39 803.91 5,560.17 0.4155% 1.66% 821.10 5,674.66 854.30 5,908.44 TOTAL 97.29% N/A N/A N/A N/A Garages 0.0168% 2.71% 0 0 33.20 GRAND TOTAL 100.00% Notes: 1. These are only estimates at this time and will be revised when the final loan amount, term and rate have been negotiated. 2. Prepayment indicates total assessment paid per unit St. Louis Park City Council Agenda Item: 012103 - 6a - Great Bottle of Wine Liquor License Page 1 of 1 6a. Public Hearing to consider granting an off-sale liquor license to Great Bottle of Wine, Inc. 3947 Excelsior Blve, St. Louis Park MN Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license. Background: Jeffrey Uelman, President of Great Bottle of Wine, Inc. has made application to operate an off- sale liquor store at 3947 Excelsior Blvd in St. Louis Park. Great Bottle of Wine, Inc. will do the majority of their sales over the internet, however, they will have a small retail shop displaying a limited amount of wine at their Excelsior Blvd location. The Excelsior Blvd location will be open on Saturdays and several evenings a week. Great Bottle of Wine, Inc does not expect a great deal of walk-in business, but will rely heavily on special orders. Minnesota state law does not allow for sale of wine by delivery except in certain circumstances. The business selling the wine must be licensed as an intoxicating off-sale retail store, must obtain their goods through wholesalers and distributers licensed by the State of Minnesota and may only make shipments within our state borders. MN liquor rules related to delivery of liquor from off- sale retailers also apply. In addition to these retrictions, Minnesota state law restricts sales from liquor stores to liquor, ice, mixes, tobacco, “cork extraction devices”, books and magazines about liquor and home brewing equipment. No other items may be offered for sale. Mr. Uelman has met with our zoning staff and has been found to be in compliance with our zoning ordinance for this use. Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 012103 - 8a - Council Vacancy Appointment Page 1 of 2 8a. Resolution appointing Councilmember for At-Large A seat Recommended Action: Motion to adopt resolution appointing __________________ to the office of At-Large A Councilmember effective January 21, 2003. Background: Due to the recent election of Ron Latz to the Legislature, a vacancy for the At-Large A Councilmember seat was created. Section 2.05 of the City Charter calls for Council to declare a vacancy and to appoint an eligible person to fill the seat. Council declared the vacancy at the meeting of December 2, 2002. Recommended Action: Mayor to receive nominations for the appointment of At-Large A Councilmember. Attachments: Resolution Prepared by: Kimberly A. Olson, Admin. Secretary Approved by: Charles W. Meyer St. Louis Park City Council Agenda Item: 012103 - 8a - Council Vacancy Appointment Page 2 of 2 RESOLUTION NO. 03- RESOLUTION APPOINTING PAUL GREGORY OMODT TO THE OFFICE OF AT-LARGE A COUNCILMEMBER WHEREAS, At-Large A Councilmember, Ronald Latz has been elected to the House of Representive effective January 6, 2003: and WHEREAS, pursuant to Chapter 2.05 of the City Charter the Council has declared a vacancy for the remainder of the unexpired term; and WHEREAS, Council may appoint an eligible person to fill that vacancy during the interim before a duly elected successor assumes office; and WHEREAS, Council has undertaken a recruitment and selection process, has carefully reviewed the qualifications of candidates for the interim appointment and has considered the welfare of St. Louis Park residents; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that Paul Gregory Omodt is hereby appointed At-Large A Councilmember effective January 21, 2003 for the remainder of the term to expire on January 5, 2004. Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk