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HomeMy WebLinkAbout2003/02/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 18, 2003 7:30 p.m. 7:15 p.m. – Planning Commission Appointment Discussion 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City C ouncil Minutes of February 3, 2003 Document b. City Council Study Session minutes of January 27, 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 5a. Motion to appoint commissioner to a vacancy on the Planning Commission 6. Public Hearings 6a. Public Hearing to consider granting an on-sale intoxicating and Sunday sale liquor license to Mojito, Inc. 3849 Grand Way, St. Louis Park MN Document Recommended Action: Mayor to close the public hearing. Motion to approve an on-sale intoxicating and Sunday sale liquor license. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Elmwood Area Land Use, Transit & Transportation Study Document Presentation of the final draft of the Elmwood Area Land Use, Transit & Transportation Study Recommended Action: Motion to accept the Elmwood Area Land Use, Transit & Transportation Study. 8b. Resolutions confirming City’s intention to pursue special legislation allowing Councilmembers to participate in Public Employee’s Retirement Fund benefit retroactive to their dates of employment Document Due to employee error, three city councilmembers were denied access to the PERA benefit at their time of employment. These resolutions will show City’s support for pursuit of special legislation to correct that error. Recommended Action: 1. Motion to approve a resolution of intent to pursue special legislation for Councilmember Santa 2. Motion to approve a resolution of intent to pursue special legislation for Councilmember Brimeyer 3. Motion to approve a resolution of intent to pursue special legislation for Councilmember Nelson. 8c. General Revisions to Chapter 20 and Chapter 8 regarding retail sales in parks and other general revisions to park regulations contained in Chapter 20 Document Revisions to allow for a departmental process to approve retail sales in parks, designating the town green as programmable park space and updating rules and regulations for parks. Recommended Action: Motion to approve first reading of the ordinance 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 FEBRUARY 18, 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 Motion to approve the liquor license renewal for on-sale intoxicating and Sunday sale liquor to HJKS, Inc., DBA Texa-Tonka Lanes, 8200 Minnetonka Blvd, St. Louis Park MN Document 4b Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution of a contract for the 2003 Arbotect 20-S Elm injection program at a cost of $8.80 per diameter inch Document 4c Motion to designate Sobiech Backhoe & Tree Service as the lowest responsible bidder, and authorize execution of a contract for the 2003 Dutch Elm Disease Tree Removal Program in an amount not to exceed $115,970.00 Document 4d Motion to authorize execution of an agreement for Construction Administration services with Krech, O'Brien, Mueller & Wass in an amount not to exceed $ 56,150 for the renovation of the Rec Center roof over the West Arena Document 4e Motion to approve an agreement with Musco Lighting in an amount not to exceed $38,634 for the purchase of lights; and approve an agreement with Granite Ledge in an amount not to exceed $14,000 for the electrical work for ball field lights at Skippy Field located in Carpenter Park Document 4f Motion to designate Veit Companies as the lowest responsible bidder for the demolition of the Rec Center roof and to execute a contract at a cost not to exceed $169,000. Motion to designate KMH Erectors as the lowest responsible bidder for structural steel and to authorize execution of a contract at a cost not to exceed $202,900. Motion to designate Molin Concrete as the lowest responsible bidder for the pre-cast concrete wall panel and to execute a contract at a cost not to exceed $77,230 Document 4g Motion to accept Housing Authority Minutes of January 8, 2003 Document 4h Motion to accept Human Rights Commission Minutes of December 18, 2002 Document 4i Motion to accept Parks and Recreation Advisory Commission Minutes of November 20, 2002 Document 4j Motion to accept and file Vendor Claims (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING FEBRUARY 18, 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: 021803 - 3a - Council minutes of Feb. 3 Page 1 of 5 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 3, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Human Rights Award Mayor Jacobs presented a Human Rights Award to Steve Olson of Park Nicollet Health Services. Mr. Olson is in charge of facility staff training at Park Nicollet, which includes a Diversity Learning Day for nurses. Co-workers Cathy Cummings and Mike Listiak accompanied Mr. Olson. 2b. Dave Just Appreciation Mayor Jacobs recognized retiring firefighter David Just with a certificate of appreciation for his service to the City of St. Louis Park. 2c. Harlan Backlund Recognition Mayor Jacobs recognized Harlan Backlund for his 37 years of service to the City of St. Louis Park. A resolution honors Mr. Backlund, who began work in the Public Works Department on July 16, 1965. 2d. Human Rights Award On behalf of Yes Kids Youth Education and Services, Reverend Hillstrom, Director; Ben Locket, Boardmember; Todd Looney, Boardmember; and Meghan Titus, #1 Youth Volunteer accepted a Human Rights Award from Mayor Jacobs. Carl Eller and about 75 Yes Kids were in attendance for the award presentation. St. Louis Park City Council Agenda Item: 021803 - 3a - Council minutes of Feb. 3 Page 2 of 5 Mayor Jacobs thanked former Councilmember and current Representative Latz for his years of service on the City Council. (A reception was held for Representative Latz just prior to tonight’s meeting). Representative Latz addressed the Council and audience, and he reflected on his time as a Councilmember. State Senator Steve Kelley and Hennepin County Commissioner Gail Dorfman were present. 3. Approval of Minutes 3a. City Council Minutes of January 21, 2003 The minutes were approved as presented. 3b. City Council Special Meeting Minutes of January 16, 2003 The minutes were approved as presented. 3c. Study Session Minutes of January 21, 2003 From Councilmember Sanger: Item 2, Paragraph 3: At the end of the second sentence add: and asked for information on the preservation of St. Louis Park’s historic houses. 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 Motion to adopt Resolution No. 03-011 authorizing installation of “One-Way” signage and “Do Not Enter” signage on the “T” portion of the alley in the 2900 block of Salem/Toledo Avenue South to provide for travel in the east-bound direction only 4b Motion to adopt Resolution No. 03-012 authorizing installation and special assessment of a fire sprinkler system at 3387 Brownlow Avenue and directing the Mayor and City Manager to execute a special assessment agreement with the property owner 4c Motion to approve Resolution No. 03-013 adopting City Policy for Public Purpose Expenditures 4d Motion to adopt Resolution No. 03-014 approving the minor amendment to the continued Special Permit requested by Village Green to allow changes to the approved building elevations 4e Motion to adopt Resolution No. 03-015 accepting purchase of lighting poles/fixtures and approving final payment to MN Electric Supply Company St. Louis Park City Council Agenda Item: 021803 - 3a - Council minutes of Feb. 3 Page 3 of 5 4f Motion to approve Resolution No. 03-016 recognizing Harlan Backlund 4g Motion to accept Housing Authority Minutes of December 11, 2002 for filing 4h Motion to accept Telecommunications Commission Minutes of December 5, 2002 4i Motion to accept BOZA Minutes of October 24, 2002 4j Motion to approve Vendor Claims (supplement) It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions: None 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Traffic and Environmental Studies – Park Nicollet Clinic Campus Expansion Community Development Director Tom Harmening said the Council is being asked to take two actions in regard to this item. Mr. Harmening said it is the City’s understanding that Park Nicollet Health Services will reimburse the City for the vast majority of the costs of the traffic studies. The City will use HRA levy proceeds to pay for its portion or share of the work to be done by SRF Consulting Group. David Cooke, Park Nicollet Senior Vice President and Chief Financial Officer was in attendance. It was moved by Councilmember Nelson, seconded by Councilmember Velick, to authorize preparation of an Environmental Assessment Worksheet relating to the proposed expansion of the Park Nicollet Clinic campus. The motion passed 7-0. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to authorize the Mayor and City Manager to execute a contract with SRF Consulting Group Inc. for purposes of undertaking preparation of an Environmental Assessment Worksheet and necessary traffic and parking analysis for the proposed Park Nicollet Clinic campus expansion initiative with the understanding that Park Nicollet Health Services will reimburse the City for a portion of the costs associated with these activities. St. Louis Park City Council Agenda Item: 021803 - 3a - Council minutes of Feb. 3 Page 4 of 5 The motion passed 7-0. 8b. Request by Hennepin County for support of legislative initiative regarding County HRA levy authority. Resolution No. 03-017 Mayor Jacobs introduced State Senator Steve Kelley, Hennepin County Commissioner Gail Dorfman, and Representative Ron Latz. Mr. Harmening said as the City of St. Louis Park has HRA levy authority so does Hennepin County. Mr. Harmening reported that Hennepin County would like to become more active in housing and redevelopment matters, and may want to use HRA levies in the future. Hennepin County would like cities with HRAs to be on the same footing. The legislative initiative regarding county HRA levy authority is requesting that county HRA levy authority supercede city HRA levy authority. Mr. Harmening distributed a revised draft resolution with new language added by the City’s bond counsel Steven Bubul of Kennedy and Graven. Councilmember Nelson said it is his understanding that the amount the City would be allowed to levy would not change if Hennepin County were to have HRA levy authority; and he is supportive of the request by Hennepin County. Hennepin County Commissioner Dorfman addressed the Council. Commissioner Dorfman said if a countywide levy were to be levied, Hennepin County may not enter any city, including St. Louis Park, and do a project without the city’s approval. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to adopt Resolution No. 03-017 supporting special legislation proposed by the Hennepin County which would amend state statute to not require approval by the City of St. Louis Park for the implementation of a Hennepin County HRA levy in St. Louis Park. The motion passed 7-0. 8c. Police Sergeant Contract Changes for 1/1/03 – 12/31/03 Resolution No. 03-018 City Manager Charlie Meyer emphasized that the labor agreement for Police Sergeants is for one year. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-018 approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) #218, establishing terms and conditions of employment for one year: 1/1/03 – 12/31/03. The motion passed 6-1. (Councilmember Nelson opposed). St. Louis Park City Council Agenda Item: 021803 - 3a - Council minutes of Feb. 3 Page 5 of 5 8d. Approval of 2003 Liquor License Renewals City Clerk Cindy Reichert reported that 34 liquor license applications have been prepared for Council’s approval tonight. Two additional liquor license applications will be presented at the next Council meeting. It was moved by Councilmember Velick, seconded by Councilmember Sanger, to approve year 2003 liquor license renewals for on-sale, off-sale, Sunday-sale, club and wine intoxicating liquor and off-sale and on-sale 3.2% malt liquor. License year to run March 1, 2003 through February 28, 2004. The motion passed 7-0. 8e. City of St. Louis Park’s Representation on the Board of Managers of Project for Pride in Living’s Louisiana Court Limited Liability Company. Resolution No. 03-019 This item regards adopting a resolution to designate a City representative to Project for Pride in Living (PPL) Louisiana Court’s (LLC) Board of Managers. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-019 designating Council Member Sally Velick as the City of St. Louis Park’s representative to the Board of Managers of Project for Pride in Living’s Louisiana Court Limited Liability Company. The motion passed 7-0. 9. Communications: None 10. Adjournment Mayor Jacobs adjourned the meeting at 8:07 p.m. ______________________________________ ______________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 021803 - 3b - Study Session Minutes of Jan. 27 Page 1 of 4 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION January 27, 2003 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, Jim Brimeyer, Paul Omodt and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Community Development Director (Mr. Harmening), Planning Supervisor (Ms. Jeremiah), Planning Coordinator (Ms. Erickson), Assistant Zoning Administrator (Mr. Morrison) and City Clerk (Ms. Reichert). 1. Elmwood Area Study - Review Draft of Final Document Staff and Barry Warner of SRF, met with council to present the draft of the final document to the Council. Barry Warner was present to answer questions and take comments. Ms. Erickson explained that council would be asked to formally accept the recommendations in the plan at the meeting of February 18th. The public would also be invited to comment at that meeting. Councilmember Nelson asked if there was adequate enforcement options by changing only the comprehensive Plan, but not the Zoning for the area. Mr. Harmening responded that the intent was to balance between allowing existing uses to continue as conforming and provide guidance for future redevelopment as it occurred. He was concerned that changing zoning prior to redevelopment would impose too many restrictions on the operations of existing uses in the area. Mr. Nelson also questioned the adequacy of parking in the area of the transit station. Mr. Warner responded that the intent would be to engineer this station to use shared parking with housing located in the area, and provide for a “kiss and ride” drop-off area, and utilize other transit circulator options. Councilmember Sanger asked if the plan as presented would still be applicable should the rail line not develop as anticipated. Mr. Warner stated that in all likelihood, transit would occur at some point in the future. He also believed that the intensity of development in the are would increase even without the transit piece just due to the proximity to Highway 100. Ms. Sanger also asked if there should be further discussion regarding a potential freight rail diversion in the area. Councilmember Nelson believed that any freight rail diversion would impact areas outside the scope of this study. Mr. Meyer pointed out that if freight rail was discontinued in this area, it would be most likely that traffic would increase to the north and not go south through the Elmwood area. The Market would not support such a route. Councilmember Brimeyer felt that if Council supports this guidance then we must also make the comprehensive plan changed. He asked what kind of public investment we might need to provide a catalyst to get the development going. He questioned whether the redevelopment should be broken into more manageable chunks. Mr. Meyer stated that he believed the study had produced a good plan, but the intent was that it would provide guidance as the area redeveloped naturally over a long period of time. It had never been the intent to “make it happen”. 2. Traffic and Environmental Studies – Park Nicollet Clinic Campus Expansion The city Council reviewed a proposed environmental, traffic and parking analysis for the proposed park Nicollet Clinic campus expansion project. Mr. Harmening presented highlights of the report and requested council feedback on the staff recommendation for financial participation in the cost of the study for work tasks not entirely attributed to impacts of the park Nicollet proposal. Council was generally receptive to the proposal. Councilmember Brimeyer felt that the Traffic Demand Management provisions were very important. Councilmember Nelson asked if park Nicollet also support the plan and the financial participation recommendation. Mr. Meyer responded that they did. This item will be presented for council approval at the February 3 meeting. 3. Square Feet of MN – BOZA Appeal for Parking Variance Mr. Morrison explained how the parking requirements for industrial zones had developed over the years. Ms. Jeremiah stated that though the community development department was planning a study on industrial zoning requirements, the study would not be completed for some time and therefore not be useful for this particular issue. She also informed the council that lot allocations made at the time the lot was developed could be changed by the city at any time. After discussion about the variance request, council determined that their intent would be to make changes that would allow existing businesses to remain in the area. They would like to look at options for reallocation of the parking, perhaps through voluntary “swapping” of spaces between the businesses. Staff agreed to look at more options and return tot he council with more information in the future. 4. Proposed Contract for 2003-2008 Solid Waste Collection Staff presented a draft scope of work and draft contract for council consideration. Discussion immediately focused on whether the city should seek RFP’s for the contract or negotiated with the existing vendor. Councilmember Sanger felt that RFP’s were absolutely necessary to ensure that the city would be getting the best possible contract. Mayor Jacobs questioned whether the RFP process was required in this case. Mr. Meyer responded that solid waste contracts are not subject to some of the requirements found in statute regarding other contract types. He had consulted with the city’s attorney and they had determined that RFP’s were not required in this case. The City could negotiated with the current vendor on a new contract Councilmember Nelson felt that it was very important to provide continuity for the residents in making the changes proposed. He believed that all of the recommended programmatic changes in the contract could be accomplished by the current vendor with a minimal amount of disruption to the public. Councilmember Sanger again objected, stating that in her experience the service provided by our current vendor was unacceptable. She believed it would be irresponsible to renegotiate with the current vendor without looking at what kind of service other vendors would be able to provide. Councilmember Brimeyer also felt that the city was on the right track in preparing the scope of services. He felt it entirely possible to determine what the program we want is, negotiate for those services at a price that’s fair and that it could all be done using the current vendor. Councilmember Santa believed there should be performance indicators built into the contract. She also stated that she had not received large numbers of complaints recently, but did not see any harm in proceeding with RFP’s. Mr. Rardin responded that there was a significant performance component built in to the scope of services with number of errors allowable and penalties. Councilmembers Velick and Omodt agreed with Sanger and Santa that seeking RFP’s could provide important comparisons. Councilmember Nelson asked Councilmember Sanger if there was any circumstance under which she would support a contract with our current vendor. Councilmember Sanger stated that there was not. Mayor Jacobs asked if the recycling credit that the city used years ago could be reincorporated into the contract. Mr. Rardin said that the credit was removed some time ago because it had proved relatively ineffectual and was difficult to administer. He believed that increased rates of recycling in the city should be an educational effort provided by the city – not the contractor. Mr. Meyer expressed his concern that service levels would be impossible to determine through an RFP process. He believed service expectations should be part of the contract, but that the issue of service was too subjective to make a decision upon. Because of that subjectivity, council would be forced to make their decision based upon price and that would not necessarily reflect the public’s interest in good service. Based upon discussion, council directed staff to pursue RFP’s. 5. Council Policy Issue – Fence Permits – Sanger Councilmember Sanger asked the council if they would like to pursue ordinance changes that would prohibit property owners from making changes to their property which would restrict another property owner’s access to their property. Specific situations where this occurs were a case where one neighbor, in order to reach his garage had to drive across the property of an adjacent property owner. When the adjacent property owner made improvements to his property, the first property owner could no longer use the route through the adjacent property to reach his garage. Mr. Harmening responded to another issue raised by Councilmember Sanger where a fence was erected legally, in conformance with city ordinances on a property line which just happened to be down the center of a shared driveway. The erection of the fence made the driveway unusable to the property owner who had not constructed the fence. Mr. Harmening stated that in most of these situations, these is a background of uncooperativeness between neighbors. Fence permits are issued based upon conformance requirements. If a fence is built legally and in conformance with applicable laws, the city cannot deny the permit. Additionally, performing a pre-construction inspection before issuing a fence permit would be an administrative burden to the city. Mr. Meyer stated that he would discuss the situation with the attorney to determine whether the city can compel a property owner to allow passage though his property to another property owner, if that is the only access the adjacent property owner has. 5. Adjournment The meeting concluded at 10:31 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 021803 - 4a - Texa-Tonka Lanes Liquor License Renewal Page 1 of 1 4a. Motion to approve the liquor license renewal for on-sale intoxicating and Sunday sale liquor to HJKS, Inc., DBA Texa-Tonka Lanes, 8200 Minnetonka Blvd, St. Louis Park MN Background: Staff is presenting the final liquor license renewal application for license year 2003 which will commence on March 1, 2003. HJKS, Texa-Tonka Lanes has completed their renewal application and has met all requirements for the license. No violations have been reported for this establishment and staff is recommending approval of the application. Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4b - Arbotect Elm Tree Injection Page 1 of 1 4b. Motion to designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution of a contract for the 2003 Arbotect 20-S Elm injection program at a cost of $8.80 per diameter inch. Background: Since the inception of the program in 1990, the City has promoted public participation in a program designed to proactively treat healthy American Elms with specialized chemical injections of Arbotect 20-S in an effort to preserve the community’s urban forest. When this chemical is properly applied in an on-going three-year cycle, it effectively prevents the infestation of Dutch Elm Disease in approximately 99% of the treated trees. Since the program’s inception, the City has subsidized more than 4,725 tree injections. As in previous years, the City is expecting more than 300 requests for tree injections. The City subsidizes 40% of the cost for trees on private property and 60% of the cost for trees on public boulevards, which abut private property. The net cost of this program is expected to be approximately $44,000, which is included in the 2003 Environmental Division budget. Bid Analysis: Bid packages for the 2003 Arbotect 20-S Elm Injection Program were mailed out in late January to three tree firms. Bids were opened February 6, 2003 at City Hall. One firm submitted a responsive bid, with the amount shown as follows: Rainbow Tree Care $8.80 per diameter inch Recommendation: The apparent low bid is the same as the awarded 2002 bid. If a private homeowner were to contract for Arbotect injections on their own, they would pay twice the rate the City receives. It appears that the City’s bid, based upon a volume price, is extremely competitive. Since the inception of the program, Rainbow Tree Care has conscientiously and successfully performed all the City’s Arbotect injection contracts. Prepared by: Jim Vaughan, Environmental Coordinator Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4c - Dutch Elm Disease Tree Removal Page 1 of 1 4c. Motion to designate Sobiech Backhoe & Tree Service as the lowest responsible bidder, and authorize execution of a contract for the 2003 Dutch Elm Disease Tree Removal Program in an amount not to exceed $115,970.00. Background: The City has been participating in the removal of diseased trees on private property for more than 20 years. During the initial phases, funding was provided through the Community Development Block Grant Program and subsidies were established at a 50% level. When CDBG guidelines were altered (approximately 13 years ago) the removal of diseased trees was no longer fundable. As a result, the City’s subsidy program was stepped back over the course of five years until it reached the current level (no cash subsidy) at the end of 1995. The City’s role in this process is to handle all paperwork. This includes preparing official notices, billing the homeowners, establishing a timely schedule for the removals and providing a follow-up inspection. As in previous years, an updated brochure explaining the City’s removal program has been prepared and will be distributed to all affected property owners at the time their diseased trees are identified by staff. The 2003 DED bids reflect projected costs for the removal of 315 average-size private trees and 25 selected public trees which cannot be removed by City crews. Property owners will reimburse the entire cost for private tree removals. In 2002, there were 260 trees removed in St. Louis Park by a contractor due to Dutch Elm disease. The approved bid prices will also be used to calculate costs in cases where property owners refuse to comply with the official removal notice. In all other cases, homeowners will still be allowed to solicit their own private bids and may choose to have the work performed by a different licensed contractor at their expense. Bid Analysis: Bid packages for the 2003 DED Tree Removal contract were mailed out in early January to eleven tree firms. Bids were opened on January 27, 2003 at City Hall. Three bids were subsequently received in the amounts as follows: Sobiech Backhoe & Tree Service $ 115,970.00 Emery’s Tree Service, Inc. $ 123,275.00 S & S Tree & Horticulture, Inc. $ 243,400.00 Recommendation: City staff is recommending Sobiech Backhoe & Tree Service. They were also awarded the 2002 contract. Staff had some issues with their service last year. We have discussed these issues with the contractor and believe they should be awarded the contract for 2003. We included penalties for work that isn't done on time and intend to enforce these penalties if necessary. Prepared by: James Vaughan, Environmental Coordinator Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4d - Admin-Engineering Services for Rec Center Roof Replacement Page 1 of 1 4d. Motion to authorize execution of an agreement for Construction Administration services with Krech, O'Brien, Mueller & Wass in an amount not to exceed $ 56,150 for the renovation of the Rec Center roof over the West Arena. Background: Staff has been working with the firm of Krech, O'Brien, Mueller & Wass (KOMW) on the design of the Rec Center roof over the West Arena. In addition to doing the design and preliminary cost estimates, the firm of KOMW has also developed the plans and specifications for the roof work. Staff has been pleased with the consulting services that have been received from KOMW. Scope of Services: During the construction phase, KOMW will be working with myself, Craig Panning, and Brian Hoffman to perform the following services: hold pre-construction meetings with the contractors, review bids and provide value engineering (if needed), review and approve shop drawings, review material and equipment submittals, on-site observations as needed, coordinate weekly contractor meetings, review general contractor's applications for payment, make punch list of any items for correction by general contractor (at substantial completion), and final review of project and closing statements. Cost of Contract: Design services will be performed on a fixed cost basis for services specifically requested by the City. KOMW will perform these services for an amount not to exceed $56,150. This price also includes work they are contracting out for the design of the ice rink refrigeration system. Recommendation: Staff recommends approving a contract with Krech, O'Brien, Mueller & Wass for Construction Administration Services in an amount not to exceed $56,150 for the Rec Center roof replacement located above the West Arena. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager 4f. Motion to designate Veit Companies as the lowest responsible bidder for the demolition of the Rec Center roof and to execute a contract at a cost not to exceed $169,000. Motion to designate KMH Erectors as the lowest responsible bidder for structural steel and to authorize execution of a contract at a cost not to exceed $202,900. Motion to designate Molin Concrete as the lowest responsible bidder for the precast concrete wall panel and to execute a contract at a cost not to exceed $77,230. Background: In the fall of 2000, the outside beam on the north side of the Rec Center cracked because the wood had become rotten. The original west arena was built in 1971. At the time that the arena was constructed, timber glue laminated beams were an accepted structure for arenas. The timbers were used in our arena to provide unique architectural characteristic. The design for a new roof system will use a steel beam system rather than wood. Bid Analysis: Three different bid packages for the Rec Center Roof were opened on February 6, 2003 at City Hall. The first bid package was for Demolition and the following three bids were received: Veit Companies $ 169,000.00 Carl Bolander $ 197,525.00 F.M. Frattalone $ 396,000.00 The preliminary construction budget was $384,156 for demolition. The low bid from Veit Companies was $215,156 lower than the estimate. Part of that difference is because their price includes a $150,000 salvage value for the wood beams and deck. We hoped there was a resale value for the wood but weren't sure what that value would be at the time of demolition. The second bid package was for structural steel. Only one bid was received and it was from KMH Erectors for $202,900. The preliminary estimate was $264,386. The actual prices reflect a $61,486 reduction from the estimate. The third bid package was for a Precast Concrete Wall Panel with the following bids received: Molin Concrete $ 77,230 Hanson Spancrete $ 79,023 The preliminary cost estimate for the concrete wall was $78,848. Thus, the low bid was $1,618 lower than anticipated. Staff is very pleased with the first three bid packages. In total, the three represent $278,260 lower than the original estimates. We hope that the remaining two bids for a general contractor and refrigeration system (available in March) will also come in lower than expected. It appears the slower economy is working to our advantage on this project. Recommendation: City staff is recommending that bids be awarded to Veit Companies for the demolition of the Rec Center roof for an amount not to exceed $169,000; KMH Erectors for the Structural Steel of the Rec Center roof in an amount not to exceed $202,900; and Molin Concrete for the Precast Concrete Wall Panel for cost not to exceed $77,230. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4e - Skippy Field lights Page 1 of 2 4e. Motion to approve an agreement with Musco Lighting in an amount not to exceed $38,634 for the purchase of lights; and approve an agreement with Granite Ledge in an amount not to exceed $14,000 for the electrical work for ball field lights at Skippy Field located in Carpenter Park. Background: The Little League Baseball Association approached the Parks and Recreation Department about sharing the cost of constructing lights at Carpenter Park for Skippy Field. Adding lights to Skippy Field will allow the baseball teams to use the field in the evenings. Little League Fundraising: As you may recall, Little League was able to raise funds from a variety of sources. Those donors were recognized at a City Council meeting last year. Since they were able to raise funds, the lights at Skippy were moved from 2004 to 2003 in the Capital Improvement Plan. Little League is proposing to contribute approximately half of the cost for installing lights at Skippy Field. Resident Meeting: Property owners surrounding Carpenter Park were notified of a resident meeting to discuss the addition of lights in the park which was held on January 7, 2003. No residents attended the meeting. Two phone calls were received from people who rent apartments near the park. One resident was happy that we were adding lights so that the kids could play into the evening since it doesn't stay light as long in the spring. The other resident wanted clarification on how long the lights will remain on in the evening. We have informed Little League that the lights will need to be off by 10 p.m. The resident was fine with that time frame and was happy to hear that the City wants the lights off by 10 p.m. Cost of Lighting: Staff received prices from the two local ball field lighting representatives, Musco Lighting and Luma Sales. Luma Sales was unable to provide a cost for placing lights on 70 foot poles as they only carry 60 foot poles. Staff is recommending 70-foot poles because of the decreased spill over light to adjoining properties. Musco Lighting does carry 70 foot poles and has an advanced glare control system so that lights are not shining in the windows of the adjoining properties. Musco Lighting has supplied lighting for the City at Louisiana Oaks Park, Aquila Park, and Dakota Park. Staff has been very happy with their service. The cost of the lights will be $38,634. Staff also received three price quotes from electrical contractors to upgrade the electrical service prior to installing lights. The lowest price was from Granite Ledge for $14,000. The total cost of the project will be $52,634. Timing of Installation: The lights will be ordered after the Council meeting. Musco Lighting plans to install the lights in March while the ground is still frozen, as this will minimize the damage to the fields. The other electrical work will be done in April once the frost has gone out of the ground. It is our intent to have the lights installed and working prior to the beginning of the Little League game schedule. St. Louis Park City Council Agenda Item: 021803 - 4e - Skippy Field lights Page 2 of 2 Recommendation: Staff recommends purchasing lights in Carpenter Park for Skippy Field from Musco for $38,634 and electrical work for those lights from Granite Ledge for $14,000. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4f - Rec Center Demolition and Structural steel Page 1 of 2 4f. Motion to designate Veit Companies as the lowest responsible bidder for the demolition of the Rec Center roof and to execute a contract at a cost not to exceed $169,000. Motion to designate KMH Erectors as the lowest responsible bidder for structural steel and to authorize execution of a contract at a cost not to exceed $202,900. Motion to designate Molin Concrete as the lowest responsible bidder for the precast concrete wall panel and to execute a contract at a cost not to exceed $77,230. Background: In the fall of 2000, the outside beam on the north side of the Rec Center cracked because the wood had become rotten. The original west arena was built in 1971. At the time that the arena was constructed, timber glue laminated beams were an accepted structure for arenas. The timbers were used in our arena to provide unique architectural characteristic. The design for a new roof system will use a steel beam system rather than wood. Bid Analysis: Three different bid packages for the Rec Center Roof were opened on February 6, 2003 at City Hall. The first bid package was for Demolition and the following three bids were received: Veit Companies $ 169,000.00 Carl Bolander $ 197,525.00 F.M. Frattalone $ 396,000.00 The preliminary construction budget was $384,156 for demolition. The low bid from Veit Companies was $215,156 lower than the estimate. Part of that difference is because their price includes a $150,000 salvage value for the wood beams and deck. We hoped there was a resale value for the wood but weren't sure what that value would be at the time of demolition. The second bid package was for structural steel. Only one bid was received and it was from KMH Erectors for $202,900. The preliminary estimate was $264,386. The actual prices reflect a $61,486 reduction from the estimate. The third bid package was for a Precast Concrete Wall Panel with the following bids received: Molin Concrete $ 77,230 Hanson Spancrete $ 79,023 The preliminary cost estimate for the concrete wall was $78,848. Thus, the low bid was $1,618 lower than anticipated. Staff is very pleased with the first three bid packages. In total, the three represent $278,260 lower than the original estimates. We hope that the remaining two bids for a general contractor and refrigeration system (available in March) will also come in lower than expected. It appears the slower economy is working to our advantage on this project. St. Louis Park City Council Agenda Item: 021803 - 4f - Rec Center Demolition and Structural steel Page 2 of 2 Recommendation: City staff is recommending that bids be awarded to Veit Companies for the demolition of the Rec Center roof for an amount not to exceed $169,000; KMH Erectors for the Structural Steel of the Rec Center roof in an amount not to exceed $202,900; and Molin Concrete for the Precast Concrete Wall Panel for cost not to exceed $77,230. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 4g - Housing Authority Minutes of Jan. 8 Page 1 of 3 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, January 8, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: William Gavzy, Anne Mavity, Judith Moore Commissioner Shone Row arrived at 5:15 PM MEMBERS ABSENT: Catherine Courtney STAFF PRESENT: Sharon Anderson, Jane Klesk, Michele Schnitker GUESTS PRESENT: Steve Carlson and Rosemary Foley, CHARP 1. Call to Order The meeting was called to order at 5:10 p.m. 2. Approval of Minutes for December 11, 2002 After a brief discussion regarding December 11, 2002 minutes, the minutes were unanimously approved with the following amendment to item 6(B): Following a discussion of the payment standards, Commissioner Courtney moved for approval of the Section 8 Payment Standards for one and two-bedroom units at 105% of fair market rent, and for three, four and five-bedroom units at 110% of fair market rent. 3. Public Hearings: Housing Authority 5-Year and Annual Agency Plan Commissioner Gavzy opened the Public Hearing. Ms. Foley stated that the use of preferences is a very positive feature of the St. Louis Park Plan. Mr. Carlson inquired about raising the current target for public housing of 40% of new admission to families that are at or below 30% AMI, since the actual lease-up percentage is 84%. Ms. Schnitker stated that there were no plans to raise the target at this time. Ms. Schnitker explained that St. Louis Park has not reached Section 8’s target requirement of 70% since the Housing Authority has not issued vouchers off the waiting list since last January. There was general discussion about providing further awareness of PHA resources among families of race and ethnicity with disproportionate needs. A difference in the 2 racial composition of the waiting list versus the racial composition of the people actually housed was also discussed, along with several possible explanations for this disparity. Mr. Carlson raised the topic of creating a public housing Resident Advisory Board. Ms. Schnitker responded that since prior interest had been very limited, the HA was considering providing a $25.00 rent voucher in exchange for participation. After Commissioner Mavity expressed her desire to hold HA Board meetings at a different location, Ms. Schnitker offered to look into the logistics of holding some HA Board meetings at Hamilton House. Commissioner Gavzy closed the Public Hearing. 4. Reports and Committees: None 5. Unfinished Business: None 6. New Business a. HA Certification of Compliance with the HA Plans and Related Regulation, Resolution No. 509 Commissioner Mavity moved for adoption of Resolution No. 509, Commissioner Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. b. Revisions to the Public Hearing Leasing and Occupancy Plan: Rent Calculations, Resolution No. 510 Ms. Schnitker presented background on flat rents for public housing, which have been set at 85% of HUD's fair market rent. Commissioner Mavity moved to change the effective date of Resolution 510 to April 1, 2003. Commissioner Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. Commissioner Mavity moved for adoption of Resolution No. 510, as amended, Commissioner Moore seconded the motion, and the motion passed on a vote of 4- 0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. 7. Communications from Executive Director a. Claims List No. 1-2003 Commissioner Moore moved to ratify Claims List No. 1-2003. Commissioner Mavity seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Gavzy, Mavity, Moore and Row voting in favor. 3 b. Communications Ms. Schnitker stated that information regarding Section 8 reserves will be presented in February, along with the Section 8 and Public Housing operating budgets. Ms. Schnitker stated that recruitment of a business representative for the Housing Summit would take place, and that the City Council would be updated one more time prior to finalizing the proposed format and agenda. (1) Monthly Report for January, 2003 (2) Scattered Site Houses and Hamilton House Ms. Schnitker stated that Mr. Harmening, or another Community Development staff person, will be providing updates beginning next month, and then on a quarterly basis. (3) Draft Financial Statements (4) 2002 Action Plan Update 8. Other – 9. Adjournment Commissioner Moore moved for adjournment. Commissioner Row seconded the motion, and the motion passed on a vote of 4-0 with Commissioners Gavzy, Mavity, Moore and Row voting in favor. The meeting was adjourned at 6:35 PM. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 021803 - 4h - Human Rights Minutes of Dec. 18, 200202 Page 1 of 3 City of St. Louis Park Human Rights Commission Meeting Minutes – December 18, 2002 Westwood Room – City Hall Present Commission Members: Matthew Armbrecht, Cassandra Boddy, Colleen Clark, Kristen Edsall, Julie Kirsch, and Kristin Siegesmund. Annie Gaffney arrived at 7:20 p.m. Staff: Martha McDonell, Commission Liaison and Kim Olson, Recording Secretary Call to Order Chairperson Kristin S. called the meeting to order at 7:08 p.m. Introductions: Kristin S. gave a background of the commission and then commissioners introduced themselves as well as how long they have been on the commission. November Minutes: It was moved by Cassandra, seconded by Matthew, to approve the minutes with the following change. The motion passed 6-0. • Old Business – Replace Julie Kirsch with Kristin Siegesmund in reference to talking to the teachers at Susan Lindgren School. December Agenda: Kristin S. suggested that the commission discuss the work plan last. The commissioner’s agreed. Reports Staff report: Martha reported that three calls had been received. David responded to one and Martha referred one to the Police Department. Commission Reports: Kristin S. reported that the call she returned involved an issue of employer not making reasonable accommodations for a disabled employee. She directed the caller to the Minnesota Department of Human Rights. Matthew felt that it would be helpful to have a tracking system for the calls received. Martha indicated that they were recorded in the minutes and that some of the information is private. Kristin S. felt that it would be a very good idea to track the type of phone calls. Cassandra Boddy reported that there was more graffiti/vandalism in the bathrooms at the high school; however, no more swastikas had been drawn. She also reported that the Human Mosaic club seems to have lost its direction, as well as her concerns about the club continuing. The commissioners offered many ideas, such a drawing contest, speakers, etc., to Cassandra to bring back to the club. Kristen E. offered to help by providing contacts the club can use. St. Louis Park City Council Agenda Item: 021803 - 4h - Human Rights Minutes of Dec. 18, 200202 Page 2 of 3 Martha McDonell gave Kristi Rudelius-Palmer’s report. She reported that Kristi was interested in working on the Mobile Human Rights Library and the Human Rights Audit. Kristi had visited Park Spanish Immersion school and discussed human rights and the upcoming essay. Martha reported that the school would like matching funds for curriculum materials. Martha also shared with the group that Kristi has been selected as one of the finalist’s for the vacant City Council At-Large seat. Kristi wishes to remain on the Human Rights Commission if she is appointed to Council, such as a Council liaison. Old Business Student Essay Contest: Kristin S. reported that she has yet to visit Susan Lindgren School. Colleen is going to continue trying to reach the Junior High. Cassandra volunteered to stop at Cedar Manor to help spread word of the essay contest and perhaps distribute flyers for each student. Annie reported that she has a meeting with the Jewish Day School after the first of the year and will also meet with Groves Academy. Matthew will get in touch with Benilde-St. Margaret school. Cassandra reminded the group that the deadline for the essay is March 31st. Human Rights Award: Martha reported that three applications have been received and she expects one to three more to come in before the deadline. She mentioned that Nominee A received an award in the last few years. Kristin S. stated that the applications that have been received so far this year are different than in the past. Matthew volunteered to follow-up with the applications and call references. Martha will continue to mail any new applications to the commissioners. Kristen E. was impressed with Nominee C. The commissioners spoke briefly about the criteria for nominations. It was motioned by Kristin S., seconded by Cassandra, to acknowledge Nominees B and C as finalists for the award. The motion passed 7-0. New Business: Chair and Vice-Chair Elections: Martha facilitated the discussion. She inquired if anyone was interested in Chairing the commission. Kristi S. said that she would serve again as Chair if no other parties were interested. Both Cassandra and Matthew showed interest in the Vice-Chair position. Matthew then removed himself from the running. It was moved to appoint Kristin Siegesmund as Chair and Cassandra Boddy as Vice-Chair. The motion passed 7-0. Old Business, Continued 2002-2005 Work Plan: Kristin S. reiterated the point that the City Council had very much liked the Human Rights Audit. Kristen E., Matt, David, Kristi, and Annie were appointed to a committee to review and outline a process to complete the audit. Annie volunteered to look into any funding opportunities and Kristen E. to organize the first meeting of the committee. Martha suggested an orientation on what a human rights audit is and what other organizations have done. Matthew felt that Shep Harris, former commissioner, would be a good resource to contact. Cassandra would like to see more forums and events. Martha reported that the Cultural Compass will be starting again in January. Colleen suggested having speakers and information available for neighborhood associations at their meetings. Kristen E. volunteered to put together a list of St. Louis Park City Council Agenda Item: 021803 - 4h - Human Rights Minutes of Dec. 18, 200202 Page 3 of 3 topics and contacts. Martha informed the commissioners that there would be a Neighborhood Forum in January where all neighborhood leaders will meet and the Human Rights Commission could attend to see what topics the neighborhoods would be interested in. Annie suggested sponsoring a summer event like the Taste of St. Louis Park or Festival at Nations. Kristen E. suggested having a booth at parades or events in downtown Minneapolis. Kristen S. stated that the only problem would be finding someone to work the booth. Kristen E. suggested finding volunteers. Kristen S. inquired about the Ice Cream Social this year. The commissioners discussed the possibility of having an early childhood development theme this year at the Ice Cream Social. Set Agenda for Next Meeting Members agreed to add the following items to the January agenda: • Human Rights Award • Audit Committee Report • Student Essay Contest – Reports on Progress • Year End Report • Work Plan Adjournment It was motioned by Cassandra, seconded by Annie, to adjourn the meeting a 9:04 p.m. Respectfully submitted, Kim Olson, Recording Secretary St. Louis Park City Council Agenda Item: 021803 - 6a - Mojito Liquor License Page 1 of 1 6a. Public Hearing to consider granting an on-sale intoxicating and Sunday sale liquor license to Mojito, Inc. 3849 Grand Way, St. Louis Park MN Recommended Action: Mayor to close the public hearing. Motion to approve an on-sale intoxicating and Sunday sale liquor license. Background: Mojito, Inc. and its officers, Christopher Paddock, Patrick Weber and James Behnke have made application to the city for an on-sale intoxicating liquor license with Sunday sales. The name of the 7800 sq. ft. restaurant located at 3849 Grand Way is “Mojito” and will be an Argentinian- style steak house. The applicants also operate Bobino Wine Café and the Starlight Lounge in Minneapolis. The Police Department has conducted an investigation of the corporation and its partners and our Zoning staff has also reviewed the proposal. Staff recommends approval of the application. Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 8a - Elmwood Study Page 1 of 3 8a. Elmwood Area Land Use, Transit & Transportation Study Presentation of the final draft of the Elmwood Area Land Use, Transit & Transportation Study Recommended Action: Motion to accept the Elmwood Area Land Use, Transit & Transportation Study. Background: In March of 2002 the City Council, in collaboration with Hennepin County, authorized a study of the Elmwood area. SRF Consulting Group was hired as consultants for the study. SRF has worked with sub-consultants to perform market, design, and financial analysis. A preliminary draft of the study was presented to the City Council at the January 27 Study Session. Several minor changes were made to the document as a result. The final draft has been distributed to the Planning Commission and Elmwood Area Study Community Advisory Committee. A mailing was sent to all property owners in the Elmwood and southern Sorensen Neighborhoods to provide notice of the February 18 City Council meeting. The notice indicated that copies of the study were available at City Hall and the St. Louis Park Library. The study implements a need that was identified in the Comprehensive Plan 2000 – 2020 to study the Elmwood Area. The final study document and its recommendations address changes to the Elmwood area over the next 30 years. Although short-term changes to the area are imminent, many changes in the area are expected to occur over a long period of time, so the final document takes a long-range approach. The action recommended by staff is to “accept” the study and its related recommendations (not adopt). This action is based on the premise the study document will be used as a guide in the future as the Council considers amendments to the Comprehensive Plan, official controls, or other related actions that deal with change in the area over time. A more detailed strategy of future actions will be brought to a study session in the near future. Staff is anticipating a developer request for Comprehensive Plan and zoning map amendments to the Quadion site shortly. Document Context During the Council meeting, Barry Warner of SRF will present highlights of the study document and answer questions. The document details the public process and includes a record of public comments in the appendices. The formal public process consisted of five Technical Advisory Committee meetings, six Community Advisory Committee meetings, and three community meetings. The St. Louis Park City Council Agenda Item: 021803 - 8a - Elmwood Study Page 2 of 3 informal public process included individual stakeholder meetings and staff participation in neighborhood meetings. Information regarding the study was distributed through individual mailings, project newsletters, Park Perspective newsletter, a cable television program, and the City’s webpage. Next Steps A suggested list of “next steps” was presented at the January 27 Study Session and is attached. These included traffic studies associated with Park Nicollet and Methodist Hospital expansions, and changes to the Comprehensive Plan and zoning for a limited number of properties. Staff intends to discuss with the Council at an upcoming study session an approach to modifying the Comprehensive Plan and other official controls. Attachments: Final Draft Elmwood Area Land Use, Transit, and Transportation Study Suggested List of “Next Steps” Prepared By: Judie Erickson, Planning Coordinator Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 8a - Elmwood Study Page 3 of 3 Elmwood Area Land Use, Transit & Transportation Study Suggested Next Steps • The Elmwood Study will be brought to the City Council on February 18, 2003, for formal acceptance. • Quadion Corp. is actively marketing their property in St. Louis Park. A Comprehensive Plan map amendment and a zoning map amendment requests are expected from the future developer of that property. The City could also initiate an amendment. (A project on this site will also require a plat, CUP or PUD, and a possible vacation of West 37th Street.) • The study recommendation of the Highway 100 bridge needs further study to test its feasibility. This is recommended as part of the proposed Park Nicollet traffic study. The required design for Wooddale Avenue also needs to be studied. • A 10% design and study of a detached TH 7 south frontage road is recommended to determine appropriate land use densities for the properties abutting Wooddale Avenue at TH 7. • Initiate the following Comprehensive Plan amendments: o Adopt the land use and transportation principles recommended in the study along with the illustrative plan into the Redevelopment Chapter. o Insert language into the Plan By Neighborhood Chapter that would require implementation of the study recommendations whenever a parcel is redeveloped. o Amend the Transportation Chapter to reflect the transportation recommendations of the Elmwood Study provided that subsequent traffic studies find these to be feasible. Include identified roadway, transit, and infrastructure improvements. o Amend the Comprehensive Plan map to reflect changes to the site identified for the transit station, plus the properties bordering Wooddale Avenue south of TH 7. (Other properties identified for redevelopment in the mid term and long term phase should not be changed at this time.) o Amend the Comprehensive Plan map to reflect “park” on that portion of the freight rail corridor west of Wooddale Avenue and east of the CP Rail north/south corridor if light rail is found to be the preferred technology on the Southwest Corridor. • Amend the Official Map to include new right of way, transit, and parkland. • Plan and implement improvements to Wooddale Avenue to coincide with the redevelopment of the Quadion site. • Apply for available and appropriate grants to help with implementation. St. Louis Park City Council Agenda Item: 021803 - 8b - Councilmember Participation in PERA Page 1 of 5 8b. Resolutions confirming City’s intention to pursue special legislation allowing Councilmembers to participate in Public Employee’s Retirement Fund benefit retroactive to their dates of employment Due to employee error, three city councilmembers were denied access to the PERA benefit at their time of employment. These resolutions will show City’s support for pursuit of special legislation to correct that error. Recommended Action: 1. Motion to approve a resolution of intent to pursue special legislation for Councilmember Santa 2. Motion to approve a resolution of intent to pursue special legislation for Councilmember Brimeyer 3. Motion to approve a resolution of intent to pursue special legislation for Councilmember Nelson. At the time of their election, three city councilmembers were informed by city staff that they were ineligible to participate in PERA. Since that time, it has been determined that the information was incorrect and that councilmembers have always been eligible to participate. We have inquired of PERA what process we must use to purchase time for the years for which these councilmembers were eligible to participate in the PERA program, but did not. PERA responded that because the required procedures to be a PERA member were not properly executed in 1996, the only recourse is to pursue special legislation from the Minnesota Legislature which would allow an actuarial purchase of PERA Coordinated Plan service credit for a period during which the councilmembers were eligible for membership but did not participate based upon erroneous information from the City of St. Louis Park. Mr. Edward Burek, Deputy Director of the Legislative Commission on Pensions and Retirement provided staff with information on how to proceed. We have been advised that we must work through our local legislators to carry a bill. A resolution endorsing the special legislation is also required. The legislator who has agreed to carry the bill, will then work with the commission staff who would proceed with drafting the bill. The bill cannot identify the persons benefiting from the legislation by name and would need to be drafted with enough specificity that it could not apply to any other individuals. PERA is working with each Councilmember effected by this to determine the actual cost of the buy back. Once we receive this information, it will be forwarded to the Council in the future. There are several steps in this process as follows: 1. Council approves attached resolutions confirming the City’s intent to pursue special legislation for our 3 Councilmembers. St. Louis Park City Council Agenda Item: 021803 - 8b - Councilmember Participation in PERA Page 2 of 5 2. Once the resolutions are passed, our local legislator needs to work with commission staff to draft then carry a bill. 3. Assuming the bill passes and is signed, it is our understanding that the matter then goes before PERA for board approval. 4. Assuming PERA board approves, we would need to bring the actual cost calculated by PERA back to the Council for formal approval of allotment of funds and determine the amount the City and Councilmember would pay to cover the buy back. The city is not committed to any cost until Council makes formal approval in step 4. Recommended action: We recommend Council approve the attached resolutions to confirm the intent to pursue special legislation allowing 3 Councilmembers service credits for a timeframe which they did not participate in PERA. Prepared by: Nancy Gohman, Human Resources Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 8b - Councilmember Participation in PERA Page 3 of 5 RESOLUTION NO. 03-020 RESOLUTIONS CONFIRMING CITY’S INTENTION TO PURSUE SPECIAL LEGISLATION ALLOWING COUNCILMEMBER SUSAN SANTA TO PARTICIPATE IN PUBLIC EMPLOYEE’S RETIREMENT FUND BENEFIT RETROACTIVE TO THEIR DATES OF EMPLOYMENT WHEREAS, The City of St. Louis Park, provides a benefit plan to all of its employees, including elected officials; and WHEREAS, At the time of employment Councilmember Santa was erroneously informed that she was not eligible to participate in the Public Employee Retirement Association’s Coodinated Benefit Plan; and WHEREAS, The City wishes to rectify that employee error and provide Councilmember Santa with her duly earned employee benefit: NOW THEREFORE LET IT BE RESOLVED THAT: The City Council endorses the pursuit of special legislation from the Minnesota Legislature which would allow an actuarial purchase of PERA Coordinated Plan service credit for the period of 6/8/99 to 1/12/02 during which Councilmember Santa was eligible for membership but did not participate based upon erroneous information from the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council February 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 021803 - 8b - Councilmember Participation in PERA Page 4 of 5 RESOLUTION NO. 03-021 RESOLUTIONS CONFIRMING CITY’S INTENTION TO PURSUE SPECIAL LEGISLATION ALLOWING COUNCILMEMBER CHRISTOPHER NELSON TO PARTICIPATE IN PUBLIC EMPLOYEE’S RETIREMENT FUND BENEFIT RETROACTIVE TO THEIR DATES OF EMPLOYMENT WHEREAS, The City of St. Louis Park, provides a benefit plan to all of its employees, including elected officials; and WHEREAS, At the time of employment Councilmember Nelson was erroneously informed that he was not eligible to participate in the Public Employee Retirement Association’s Coodinated Benefit Plan; and WHEREAS, The City wishes to rectify that employee error and provide Councilmember Nelson with his duly earned employee benefit: NOW THEREFORE LET IT BE RESOLVED THAT: The City Council endorses the pursuit of special legislation from the Minnesota Legislature which would allow an actuarial purchase of PERA Coordinated Plan service credit for the period of 11/18/97 to 3/9/02 during which Councilmember Nelson was eligible for membership but did not participate based upon erroneous information from the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council February 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 021803 - 8b - Councilmember Participation in PERA Page 5 of 5 RESOLUTION NO. 03-022 RESOLUTIONS CONFIRMING CITY’S INTENTION TO PURSUE SPECIAL LEGISLATION ALLOWING COUNCILMEMBER JAMES BRIMEYER TO PARTICIPATE IN PUBLIC EMPLOYEE’S RETIREMENT FUND BENEFIT RETROACTIVE TO THEIR DATES OF EMPLOYMENT WHEREAS, The City of St. Louis Park, provides a benefit plan to all of its employees, including elected officials; and WHEREAS, At the time of employment Councilmember Brimeyer was erroneously informed that he was not eligible to participate in the Public Employee Retirement Association’s Coodinated Benefit Plan; and WHEREAS, The City wishes to rectify that employee error and provide Councilmember Brimeyer with his duly earned employee benefit: NOW THEREFORE LET IT BE RESOLVED THAT: The City Council endorses the pursuit of special legislation from the Minnesota Legislature which would allow an actuarial purchase of PERA Coordinated Plan service credit for the period of 1/1/96 to 1/29/00 during which Councilmember Brimeyer was eligible for membership but did not participate based upon erroneous information from the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council February 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 1 of 8 8c. General Revisions to Chapter 20 and Chapter 8 regarding retail sales in parks and other general revisions to park regulations contained in Chapter 20 Revisions to allow for a departmental process to approve retail sales in parks, designating the town green as programmable park space and updating rules and regulations for parks. Recommended Action: Motion to approve first reading of the ordinance Background: The Parks Department has been researching what ordinance revisions may have to be made in anticipation of the use of the Town Green and Veterans’ Memorial Amphitheater. Revisions are being proposed to accomplish the following goals: • Identify the Town Green as programmable park space • Allow for an internal process for permitting of retail sales occurring in all parks • Update general park regulations I. Identify the Town Green as Programmable Space for Park Use Programming of the Town Green is proposed to be done by the Parks and Recreation Department. Though the town green is dedicated as park space in the Comprehensive Plan, staff believes it should also be identified as park space in the city code. Structured activities on the town green would be permitted by the Parks Department using their facility use permitting process. A relatively simple revision to Chapter 20: Parks and Recreation accomplishes this goal: Chapter 20 Parks and Recreation Sec. 20-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area, town green or recreation center. It shall also mean any other property owned, leased, used or controlled, wholly or partly, by the city for park and recreation use. If “town green” is identified as park space, all rules related to parks would apply. Park rules generally coincide with other city ordinances and with the exception of Section 20-2 “Closing Hours” none appear to be in conflict with public use of the Town Green. The section on closing hours states that no person may remain in any city park or park in a public parking area St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 2 of 8 immediately adjacent to any public park between the hours of 11:00 p.m. and 5:00 a.m. Changes to sections 20-2 and 20-3 are proposed to alleviate this discrepancy. Sec. 20-2. Closing hours. All public parks will close at 11:00 p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day. No person shall be in, remain in or enter any public park between the hours of 11:00 p.m. and 5:00 a.m., and no person shall drive into or remain in a public parking area within or immediately adjacent to a public park during the hours when such park is closed, except as authorized in sections 20-3 and 20-4. Sec. 20-3. Activities permitted after closing of parks. The following activities may continue in parks after the parks have closed: (5) Reasonable use of the Town Green by the public when all applicable laws are observed. II. Parks Department Approval of Retail Sales in Parks City Code section 36-82 (Zoning) specifies the conditions under which temporary outdoor sales are allowed and provides exceptions for sales taking place in “public parks or closed right-of- way as approved by the city or as specified by PUD approval”. This language was included in the zoning ordinance to accommodate temporary retail sales in the Town Green such as an art fair or farmer’s market. Section 8-531 (Business Licensing) further requires that all outdoor retail sales, regardless of where they are held, be issued a permit by the City at a cost of $100. The Parks Department feels it necessary to control all retail sales occurring in parks (and the Town Green) and would prefer to use an internal approval system to allow retail sales to occur. The department now forms contractual agreements with vendors who distribute goods during city-sponsored events, i.e., glow bracelets at 4th of July, etc. These vendors are currently also required by ordinance to obtain a city permit through the Inspections Department. The current process requires vendors to receive two approvals – one from Parks as the property owner, and another from Inspections in the form of a permit. Allowing the Parks Department to control retail sales in all parks would simplify the approval process for vendors and would also ensure that the Parks Department retains control over any sales occurring. An internal process would allow for greater flexibility in granting approvals for different situations. For example, one model may be a retailer who would sell goods in conjunction with a fund-raising event (i.e., t-shirt sales at a Children First Ice Cream Social). The “permit fee” may take the form of a contractual agreement where the vendor would be required to contribute a portion of sales to the fund. Another model may be an art fair, where participating vendors would be required to submit a Jury Fee in order to participate, but would not be charged an additional “permit fee”. The state of MN requires all food sales to be licensed, and therefore the language of the ordinance has been modified to separate sale of food from other retail sales. St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 3 of 8 The proposed changes to the code to allow this internal approval process to occur would be contained in both Chapter 8: Business Licensing and Chapter 20: Parks and Recreation. Suggested Ordinance Revision: Chapter 8: Business Licensing Subdivision III. Outdoor Retail Sales Sec. 8-531. Permit required. No person may participate in any outdoor retail sales within the corporate limits of the city without first obtaining a permit. Exception: Temporary outdoor retail sales may be conducted in public parks or closed right-of-way without a permit if offered in conjunction with activities sponsored by the Parks and Recreation Department or approved by the Director of Parks and Recreation. Chapter 20 Parks and Recreation Sec. 20-5. Prohibited acts; regulations. (11) Sales permits. No person shall be permitted to sell any article, food or beverage whatsoever in a park without a permit, lease or concession granted by the city. Retail Sales. Retail sales shall be allowed in parks without permit if offered in conjunction with activities sponsored by the Parks and Recreation Department or approved by the Director of Parks and Recreation. (20) Food Sales. No person shall be permitted to sell any food or beverage whatsoever in a park without a food and beverage license granted by the city. III. Update General Park Regulations A number of general prohibitions and regulations are contained in section 20-5 and the Parks Department staff has met to discuss the applicability of these provisions. Revisions are proposed as follows: Fires and Open Flames: Staff is anticipating that weddings and other ceremonies will be held at the Veteran’s Memorial Amphitheater and that requests will be made to use candles. In discussions about candles and other types of open flames, staff noted other areas of concern that the current one-sentence provision does not address. Use of personal barbecue equipment and mosquito repellent candles, both popular in the parks, were not previously addressed. Consultation with the Fire Department has led to the following recommendation: (3) Fires. No fires shall be lighted or made in any park except in places provided for such purposes. Open flame fires and devices. Open flame devices are allowed for use only as follows, provided appropriate precautions are taken to prevent ignition of combustible material or personal injury: St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 4 of 8 a) Grills and barbecue devices designed for cooking may be used in designated picnic areas. b) Candles may be used when necessary for ceremonial or religious purposes. Mosquito repellent candles may also be used in picnic areas . All candles shall be in secure devices or holders constructed to prevent the spillage of wax. c) No open flame devices fueled by combustible liquids of any kind are allowed. Certain Provisions Deleted – Language regarding litter, nuisance activities, handbills and posters, defacing property, and graffiti are covered more completely in Chapter 12: Environment and Public Health which applies to all property in the city. Staff does not believe it is necessary to repeat those provisions in this chapter and is recommending that these sections be deleted from the park ordinance. Clarify Swimming Regulations – Prohibition against swimming is included under the heading “throwing objects” for no apparent reason. A separate prohibition against swimming or wading in unauthorized areas has been included. Recreation Center Liquor – The parks department has had some difficulty with persons carrying liquor out of the banquet room to other areas of the building. Direction to the public is that liquor cannot be removed from the Banquet room.. Enforcement of this rule has been difficult as the current ordinance language did not limit where in the building liquor was allowed. Language specifically limiting consumption to the banquet room has been included Remove Prohibition Against Public Speaking – The current ordinance contains prohibitions against public speaking and assembly. The language is exceedingly restrictive, appears to be in conflict with basic first amendment rights and is proposed for deletion. Parks and Recreation Director Responsibility – The ordinance currently names the city manager as the responsible entity for establishing park rules and procedures. This responsibility is more properly vested in the Director of Parks and Recreation. Portable Play Structures – In order to ensure safe operation, the parks staff would prefer to control use of “moonwalk” type equipment and other portable play equipment that may be set up in park areas. Attachments: Proposed Ordinance Prepared By: Cindy Walsh, Parks and Recreation Director Cindy Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 5 of 8 ORDINANCE NO. ______-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHAPTER 8: BUSINESSES AND CHAPTER 20: PARKS AND RECREATION THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Chapter 8 is hereby amended as follows: Sec. 8-531. Permit required. No person may participate in any outdoor retail sales within the corporate limits of the city without first obtaining a permit. Exception: Temporary outdoor retail sales may be conducted in public parks or closed right-of-way without a permit if offered in conjunction with activities sponsored by the Parks and Recreation Department or approved by the Director of Parks and Recreation. Section 2. The St. Louis Park Ordinance Code, Chapter 20 is hereby amended as follows: Sec. 20-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area, town green or recreation center. It shall also mean any other property owned, leased, used or controlled, wholly or partly, by the city for park and recreation use. Sec. 20-2. Closing hours. All public parks will close at 11:00 p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day. No person shall be in, remain in or enter any public park between the hours of 11:00 p.m. and 5:00 a.m., and no person shall drive into or remain in a public parking area within or immediately adjacent to a public park during the hours when such park is closed, except as authorized in sections 20-3 and 20-4. Sec. 20-3. Activities permitted after closing of parks. The following activities may continue in parks after the parks have closed: (1) Use of an indoor ice arena and lighted tennis courts. (2) City-sponsored and city-supervised activities. St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 6 of 8 (3) Activities sponsored by any individual or group, association or organization which has applied for and received a permit for such activity from the city. (4) Activities of custodial or maintenance personnel in the course of their official duties. (5) Reasonable use of the Town Green by the public when all applicable laws are observed. ***** (denotes section break) Sec. 20-5. Prohibited acts; regulations. The following prohibitions and regulations shall apply to all parks. They shall apply to all vehicles including snowmobiles, motor bikes, all-terrain vehicles, and all other vehicles. (1) Speed limit. No person shall drive or operate a motor vehicle in any park except on roads or designated parking areas, on any body of water or in other such areas as the director of public works shall determine, and no person shall operate a motor vehicle within a park at a speed in excess of 15 miles per hour. (2) Parking in proper areas. No person shall park any motor vehicle in any place in a park except in designated parking areas. (3) Fires. No fires shall be lighted or made in any park except in places provided for such purposes. Open flame fires and devices. Open flame devices are allowed for use only as follows, provided appropriate precautions are taken to prevent ignition of combustible material or personal injury: a) Grills and barbecue devices designed for cooking may be used in designated picnic areas. b) Candles may be used when necessary for ceremonial or religious purposes. Mosquito repellent candles may also be used in picnic areas . All candles shall be in secure devices or holders constructed to prevent the spillage of wax. c) No open flame devices fueled by combustible liquids of any kind are allowed. (4) Fireworks and firearms. No person shall discharge any fireworks or firearms in a park without the written permission of the city and without a permit; in the case of fireworks, from the Fire Chief; in the case of firearms, from the chief of police. (5) Litter. No person shall scatter about or litter a park with any form of waste material. (6) Nuisance. No person shall commit any nuisance or any offense against decency or public morals in a park. (7) Throwing objects. No person shall throw stones, wood or rubbish of any kind in any park, or into any lake, pool or watercourse, nor bathe, swim or wade except in designated areas, and at designated times. (8) Handbills and posters. No person shall paste, affix or inscribe any handbill or poster on any structure or property on any place, square or roadway surrounding a park. St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 7 of 8 (9) Liquors and beer; possession or consumption prohibited; exception. No person shall possess, display, consume or use alcoholic beverages in any city park. Alcoholic beverages may be consumed or used in the Banquet Room at the St. Louis Park Recreation Center in connection with banquets, receptions or other social functions, subject to the terms of a user agreement between the host and the city. The user agreement shall be executed on a form provided by the city. It is in the sole discretion of the city to determine whether to enter into such user agreement. (10) Animals. No person shall disturb or interfere with any birds, animals, animal habitat or nesting area in a park. (11) Sales permits. No person shall be permitted to sell any article, food or beverage whatsoever in a park without a permit, lease or concession granted by the city. Retail Sales. Retail sales shall be allowed in parks without permit if offered in conjunction with activities sponsored by the Parks and Recreation Department or approved by the Director of Parks and Recreation. (12) Pets. Pets are permitted in all parks as defined in section 20-1, provided that pet owners abide by the provisions listed in this subsection with the following exceptions: a. Exceptions. Pets shall be permitted in playground structure areas, athletic fields, picnic shelters, park buildings or wading pools. Pets are not allowed anywhere in the Westwood Hills Nature Center or the Rec Center. Seeing-Eye dogs, other disability assisting creatures and police dogs are permitted in any area where they are needed. The parks and recreation director shall be authorized to post additional restricted areas that may be determined inappropriate for pets. b. Requirements. 1. The pet is properly licensed. 2. Pets shall be under control at all times. The pet owner is liable for any action taken or damage caused by the pet. 3. All pets shall be restrained at all times on adequate leashes not longer than six feet. Nothing in this subsection shall be construed to permit the running of pets at large. 4. Persons in control of pets must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove from the ground all fecal material deposited there by a pet. Persons removing animal waste from park surfaces shall dispose of it in a sanitary manner, which may include depositing it in any designated waste receptacle located in the public parks. c. Signage. The parks and recreation department will place in all public parks to inform park users of the distinction between areas where pets are prohibited and permitted in accordance with subsection (12)a. of this section. (13) Defacing property. No person shall write upon or mark or deface in any manner, or use in any improper way any property or thing pertaining to or in a park. St. Louis Park City Council Agenda Item: 021803 - 8c - Parks Ordinance Page 8 of 8 (14) Obey authorized persons. Any person using a park shall obey all orders or directions of authorized city personnel. (15) Destruction of property. No person shall break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil, sand, fence, benches, tables or any other city property located in a park. (16) Public speech. No person shall give any public speech or hold or participate in any rally, convention, assembly or meeting in any public park without the written permission of the city. (17) Hitting of golf balls. No person shall hit, drive, stroke or otherwise propel a golf ball upon, in, over or across any park unless offered in conjunction with activities sponsored by the Parks and Recreation Department or approved by the Director of Parks and Recreation. (18) Additional regulations. In order to protect public health, safety and welfare, and to preserve the property of the city, the city manager parks and recreation director is authorized and directed to establish additional written regulations which shall define, in precise detail, the procedures to be followed in the use of the parks. Such regulations and any amendments thereto shall be effective upon filing a copy with the city clerk. (19) Bow and arrows. The use of bows and arrows shall be prohibited from use in the parks except in designated areas. (20) Food Sales. No person shall be permitted to sell any food or beverage whatsoever in a park without a permit granted by the city. (21) Swimming. No person shall bathe, swim or wade in any lake, pool or watercourse except in designated areas, and at designated times. (22) Portable Play Structures. No person shall erect or inflate any portable play structure in any park unless except in conjunction with activities sponsored by the Parks and Recreation Department or approved by the director of parks and recreation. Section 3. This ordinance shall take effect 15 days after its publication. Reviewed for Administration: Adopted by the City Council ______, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney