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HomeMy WebLinkAbout2003/03/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 3, 2003 7:30 p.m. Westwood Room 6:45 p.m. – Study Session, Council Organizational Development 7:00 p.m. – Budget Issues Immediately Following Meeting- Study Session to Resume 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of February 18, 2003 Document b. City Council Special Study Session minutes of February 18, 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 allocation of 2003 Community Development Block Grant Funds Document Resolution approving the proposed use of $269,981 in 2003 Urban Hennepin County CDBF Funds, reallocation of 2001/2002 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements Recommended Action: Mayor to close the public hearing. Motion to adopt the Resolution approving proposed use of funds for 2003 Urban Hennepin County Community Development Block Grant funds, reallocation of 2001 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements 7. Requests, Petitions, and Communications from the Public - None 8. Re solutions, Ordinances, Motions 8a. Elmwood Area Land Use, Transit, and Transportation Study Document Resolution to accept the Elmwood Area Land Use, Transit, and Transportation Study Case No. 01-29-CP Recommended Action: Motion to approve resolution accepting the Elmwood Area Land Use, Transit, and Transportation Study with the understanding that the Council is not bound now or in the future by the study assumptions or the study recommendations, including but not limited to, density and infrastructure recommendations.. 8b. Second reading of 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 the ordinance, approve the summary and authorize summary publication. 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 MARCH 3, 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 Traffic Study No. 574: Motion to adopt the attached resolution authorizing the installation of stop signs on Northbound and Southbound Raleigh Avenue at W. 27th Street Document 4b Motion to adopt the attached resolution authorizing application for a Hennepin County grant to fund the City’s curbside recycling program Document 4c Motion to adopt the attached resolution approving Change Order No. 4 with S.M. Hentges & Sons, Inc. for the construction of additional storm sewer, sanitary sewer, and watermain on City Project Nos. 00-07, 01-08, and 01-09 – City Contract No. 111-01 Document 4d Motion to reduce special assessments in Special Service District No. 1 Document 4e Motion to accept and file Planning Commission Minutes of January 8, 2003 Document 4f Motion to accept and file Human Rights Commission Minutes of January 15, 2003 Document 4g Vendor Claims (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING MARCH 3, 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: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 1 of 8 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 18, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Theo 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 (Ms. Poehler); Community Development Director (Mr. Harmening); Planning Coordinator (Ms. Erickson); Parks and Recreation Director (Ms. Walsh); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of February 3, 2003 From City Manager Charlie Meyer: Page 3, Item 8a, delete: David Cooke, Park Nicollet Senior Vice President and Chief Financial Officer was in attendance. From City Manager Charlie Meyer: Page 4, Item 8b, Paragraph 2, the last sentence: insert not immediately preceding supercede. From Councilmember Sanger: Page 4, Item 8b, Paragraph 3. At the end of the paragraph, add: Staff assured Council that this is a correct interpretation. 3b. City Council Study Session Minutes of January 27, 2003 From Mayor Jacobs: Page 3, Item 4, Paragraph 4, delete the third sentence and replace with the following: Mayor Jacobs consulted with the City Manager who consulted with the City Attorney, and Mayor Jacobs was told that it was determined that City fees are not required. From Councilmember Sanger: Page 4, Item 5, Paragraph 4, add the following at the end of the paragraph. Councilmember Sanger’s request to the City Manager was that the City Attorney also look at whether City permit requirements can ensure that adjacent property owners are not deprived access to their properties.. St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 2 of 8 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 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 4b 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 4c 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 4d 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 4e 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 4f 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 4g Accept Housing Authority Minutes of January 8, 2003 4h Accept Human Rights Commission Minutes of December 18, 2002 4i Accept Parks and Recreation Advisory Commission Minutes of November 20, 2002 4j Accept and file 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 St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 3 of 8 It was moved by Councilmember Santa, seconded by Councilmember Nelson, to appoint John Basill as commissioner to the Planning Commission. The motion passed 7-0. 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 City Manager Charlie Meyer said this is an application for a full liquor license for a full service restaurant. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve an on-sale intoxicating and Sunday sale liquor license. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Elmwood Area Land Use, Transit and Transportation Study Planning Coordinator Judie Erickson reported on the final draft of the Elmwood Study. Ms. Erickson said the Council is being asked to accept the study, not adopt it. Barry Warner, the consultant for the study from SRF Consulting Group, presented highlights of the study. Ms. Erickson said the Staff report contains suggested next steps, and Staff recommends a discussion at a Study Session. Councilmember Nelson said he would ask for some screening to be shown or added in the plan for Wooddale Avenue extended to show how it would be buffered from the neighborhood and that it would not be an access road from the east side of Highway 100 to the neighborhood. Councilmember Nelson said he likes the fourth option in Figure 10B. He wants ample parking at the transit site. Councilmember Nelson has concern about the density that is being proposed for the Quadion site. He asked Mr. Warner why the feedback regarding density at the northern St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 4 of 8 portion of the Quadion site was not adopted in the study report. Mr. Warner said a market analysis and a feasibility study was done and land use and greater density are needed to reduce a gap, i.e., what the market can bear versus what the actual construction will take. Mayor Jacobs asked about accepting the report versus adopting the report. Mr. Meyer said the effect of this motion would close out the report and study process. Official actions, which will come later, would require more discussions and meetings. John Basill, 6208 Oxford Street, said a position statement has been submitted by the Elmwood neighborhood. Mr. Basill said the section west of Wooddale Avenue is most important. He does not want potential developers to be mislead into bringing forward high-density proposals. On behalf of the Community Advisory Committee, Mr. Basill recommends the following three options for the section west of Wooddale Avenue: 1) remain industrial; 2) Quadion to build their headquarters there; or 3) given three areas on the Quadion site, Area 1 to be single family homes, Area 2 to be low density, and Area 3 to be medium density senior housing. Mr. Basill stated the study should be changed to reflect the three options. Jerry Chapman, 3700 South Highway 100, owner of Jerry’s Auto Specialties, said he and many of his customers do not want high-density housing. Mr. Chapman strongly recommends the Council not accept the study. Councilmember Nelson said, in the study, there is no proposal to take homes, and the City will not take the building in which Mr. Chapman’s business is located or any other buildings. Minister David McBride, Aldersgate United Methodist Church, 3801 Wooddale Avenue South, said it appears to him that church property may be consumed. Minister McBride’s major concerns regard the proposed bridge over Highway 100 and Wooddale Avenue extended. He said the study plan indicates a park/holding space and a road dissecting church property. Minister McBride submitted a letter to the Council, dated February 18, 2003. The letter states that at a church meeting on January 28, 2003, a resolution was adopted: “Aldersgate United Methodist Church requests that the St. Louis Park City Council defer action on the Elmwood Area Land Use/Transit/Transportation Study report pending completion of the Park Nicollet Clinic soil tests and traffic study.” Sonja Almlie, 3924 Webster Avenue South, requested the City not wait until the adoption to amend the study but that the City Council strongly consider postponing acceptance and take the community’s and church members’ feelings to heart. Ms. Almlie said it is distressing to think a church would be taken out. She does not want high density on the Quadion site. Ms. Almlie expressed concern regarding tax increment financing (TIF) and bonding for the site. St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 5 of 8 Harvey Ginsberg, 5824 West 39th South, does not support acceptance of the plan. Mr. Ginsberg strongly favors owner-occupied homes and move up housing. He is concerned about spillover traffic into the Elmwood neighborhood. Mr. Ginsberg said Elmwood is not a gateway to Town Center, Park Nicollet or other retail. Ms. Erickson said the City cannot require that housing be owner-occupied housing. Councilmember Brimeyer suggested delaying action in order to scrutinize the major issues of the final draft of the study. Nancy Menzel, 5800 Cambridge, said the bridge issue should continue to be considered. Ms. Menzel thinks the acceptance of the study should be delayed. She asked, Is the bridge even necessary? John Gleason, 5801 Goodrich, said the impact of high density and its traffic would be most problematic. Councilmember Sanger has significant concerns about the proposed high-density housing areas; she promotes owner-occupied and move up housing; and she strongly believes in the preservation of older homes. Councilmember Sanger said to accept the report could be misleading to Quadion or potential buyers. She favors delay or the incorporation of alternatives regarding the housing element of the study. Councilmember Omodt agrees with Councilmember Sanger, and he urges thoughtful deliberation of the study. Councilmember Nelson mentioned the designation of historic homes; and down zoning, i.e., strictly single family homes on the Quadion site, is not an option due to potential legal problems. He said additional wording is warranted in the study. Councilmember Sanger asked about delaying action on the study. Director of Community Development Tom Harmening said Hennepin County is paying for the study and Hennepin County is SRF’s client. Mr. Harmening listed three options for the Council: 1) take no action on the study, i.e., simply acknowledge that it has been done; 2) accept the study as written; or 3) accept the study after certain changes have been made to it, and the most notable change might be to lower the density recommendation for the northern parcel of the Quadion site. Mr. Harmening cautioned the Council that if they do that—lower the density recommendation—they may be sending a message to the development company and other property owners that all of the other recommendations in the study are acceptable, and he said that may be unwise. Mr. Harmening suggested bringing this item forward at the next Council meeting and adopt a resolution that contains a number of provisions that represents the Council’s concerns and clarify the Council’s position on certain recommendations in the study, e.g., concern regarding high density on the northern Quadion site. He said Council does not have to take action on this item tonight. St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 6 of 8 Councilmember Brimeyer suggested accepting the study subject to further study on some key components. He does not want to lose flexibility on the bridge issue and housing density. Councilmember Brimeyer is willing to accept the study along the lines Mr. Harmening talked about but there are some things that need to be looked at, and he will make that motion. Before Coucilmember Brimeyer makes a motion, Councilmember Nelson would like further discussion. Councilmember Nelson said he is prepared to accept the study for the most part. The bridge issue does not warrant further study at this time. He is okay with accepting the study but he will not vote for a high-density proposal on the Quadion site. Mayor Jacobs likes Mr. Harmening’s suggestion to accept the study but ask Staff to prepare a resolution of those concerns raised tonight by Council and those who have spoken on issues such as the bridge and the density. Mr. Meyer said, procedurally, if Council were to accept the study, one option would be to have the record reflect the concerns of the Council or ask Staff to prepare a resolution which would accept the report and indicate some of the concerns that have been raised. Mayor Jacobs said he would structure the language in the resolution to state included but not limited to type of language, i.e., to circumvent the exclusion of one thing is to include everything else. Councilmember Nelson is in agreement and Staff is being asked to prepare a resolution and return to Council in two weeks. City Attorney Andrea Poehler said no vote is required, just direct Staff to return in two weeks with a resolution. Mr. Harmening said Staff will send a copy of the resolution to the Community Advisory Committee members and to the Elmwood Neighborhood Association members. 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. Resolution No.’s 03-020, 03-021, 03-022 Mr. Meyer reported that due to employee error, three city councilmembers were denied access to PERA benefits at their time of employment. If approved, the following resolutions will show the City’s support for the pursuit of special legislation to correct that error. St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 7 of 8 It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve Resolution No. 03-020 of intent to pursue special legislation for Councilmember Santa. The motion passed 6-0-1. (Councilmember Santa abstained). It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve Resolution No. 03-021 of intent to pursue special legislation for Councilmember Brimeyer. The motion passed 6-0-1. (Councilmember Brimeyer abstained). It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve Resolution No. 03-022 of intent to pursue special legislation for Councilmember Nelson. The motion passed 6-0-1. (Councilmember Nelson abstained). 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 Parks and Recreation Director Cindy Walsh reported on revisions to allow for a departmental process to approve retail sales in parks and general revisions to Chapter 20 and Chapter 8. Councilmember Sanger would like to know why the proposed ordinance is eliminating the prohibition against posting and handbills. Ms. Walsh responded that she thinks it is because it occurs under litter and, therefore, was eliminated from what was on Page 6. Mr. Meyer said duplicate language is eliminated. Councilmember Sanger asked that temporary, on Page 6, Section 8, be clarified. Ms. Walsh said it will be clarified at the second reading. Additionally, the location of litter will be clarified at the second reading. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of the ordinance. The motion passed 6-0. (Councilmember Nelson was absent). 9. Communications From the City Manager: Mr. Meyer said a cut in local government aid (LGA) has been anticipated for some time, and his greatest concern is not how much LGA will be cut but how LGA will be cut. For St. Louis Park, LGA is anticipated to be cut by about $1.6 St. Louis Park City Council Agenda Item: 030303 - 3a - Council Minutes of Feb. 18, 2003 Page 8 of 8 million, which is approximately 75% of the City’s LGA. Mr. Meyer said strict levy limits may mean no ability to raise property tax levies. From the Mayor: Mayor Jacobs announced the annual Mayor’s Youth Summit on March 26th at 5:30 p.m. at the St. Louis Park junior high school. Youth participants are in grades 4-12. All are invited to attend. From Councilmember Santa: The annual Home Builder Remodeling Fair will take place at the Eisenhower Community Center on February 23rd. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:34 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 030303 - 3b - Special Meeting Minutes of Feb. 18, 2003 Page 1 of 2 CITY COUNCIL STUDY SESSION February 18, 2003 ______________________________________________________________________________ The meeting convened at 9:42 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Finance Director (Ms. McGann); and Recording Secretary (Ms. Samson). 1. Capital Improvement Program Discussion Mr. Meyer requested Councilmembers to frame Ms. McGann’s presentation with the assumption to cut property taxes. Ms. McGann discussed the 2003 GO Bond Issue, the Debt Obligation Context, and the Capital Categories and funding mechanisms. Options to increase the tax levy would include debt levy, referendum, and repeal of levy limits, e.g., increase the regular levy. Ms. McGann reported that franchise fees could be used to capture revenues for street maintenance. Franchise fees could be established for local utilities such as water, sewer, electric, and gas to pay for a portion of the Pavement Management Program. Councilmember Nelson suggested holding off on the Pavement Management Program. Councilmember Sanger inquired if the City should consider bonding for greater than two years. Ms. McGann said no specific funding has been identified for the Park Improvement Fund (PIF). The PIF receives approximately $182,000 of the property tax levy, and the PIF competes for bond proceeds. One option for the PIF is to sell City property to fund projects. Ms. McGann said the Equipment Replacement Fund is healthy, however, it is being scrutinized for best management practices. Equipment Replacement is paid for by annual departmental charges. Ms. McGann commented that the Storm Water Utility Fund needs more money in its pool. Staff also reviewed the expenditures proposed for the Technology Replacement Fund and the Municipal Building Fund. Councilmember Brimeyer commented that the street rehabilitation program could be delayed but the Pavement Management Program should be done now. Councilmember Santa agreed. Councilmember Sanger also agreed with Councilmember Brimeyer and, she added, it is unlikely the State budget will improve any time soon; what may be needed is more bonding or franchise fees. St. Louis Park City Council Agenda Item: 030303 - 3b - Special Meeting Minutes of Feb. 18, 2003 Page 2 of 2 Mr. Meyer reiterated that there is support from the Council to move ahead with the 2003 and 2005 GO bonds. The consensus from the Council is to bypass the referendum route. It was noted that fees cannot exceed the City’s costs; and the legislature is setting fees or caps. 2. Adjournment The meeting concluded at 10:45 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 030303 - 4a - TS574 Stop Sign at 27 & Raleigh Page 1 of 5 4a. Traffic Study No. 574: Motion to adopt the attached resolution authorizing the installation of stop signs on Northbound and Southbound Raleigh Avenue at W. 27th Street Background: This intersection was analyzed by staff several years ago and, based on the City’s criteria, it was determined that Stop signs were not warranted. However, City policy does allow for consideration of Stop sign installations in some instances if significant resident involvement and support is shown. This requires a petition signed by at least 70% of residents living within 600 feet of the intersection. Wendy Berezovsky, 2624 Quentin Avenue, originally circulated a petition to install Stop signs at this location in 1999 or 2000. It was submitted to the City but was lost. Staff required a new petition and, since then, with the help of several area residents, she was able to get about 65% of the necessary signatures by last Summer. The City also sponsored a neighborhood meeting on April 11, 2002, to discuss the sign installation. Since then, Mrs. Berezovsky had not been able to get out and get the last few signatures that were needed to make the 70% requirement. Another option for Stop signs to be considered, when not warranted, is for the neighborhood association to sponsor a traffic study and support the installation of the signs if they fit into a “basket weave” pattern. A “basket weave” pattern of Stop signs makes vehicles stop only at every other intersection. In this case, if Stop signs were installed that fit the basket-weave pattern, they would stop traffic on 27th Street, not on Raleigh. Mrs. Berezovsky’s purpose for the petition was to stop “speeding” traffic along Raleigh, in her opinion, primarily students traveling to and from Benilde. After discussing these options with her, she decided to continue the petition course of action, which would allow the signs to be installed to stop traffic on Raleigh Avenue. Recently, the Berezovskys were able to obtain the necessary, remaining signatures to achieve 71% of the residents within the area. Public Input: On February 14, 2003, staff mailed a notice to residents within a 600-foot radius of the intersection informing them of the request to install stop signs on north-bound and south-bound Raleigh Avenue at W. 27th Street and requesting input. A total of nine residents called or sent e- mail responses. A summary of their comments is attached. Previous comments, from April 2002, are also included in this summary. Mr. Leon Storfer is opposed to this installation because he feels measures, other than Stop signs, should be explored to stop the student speeding problem. This area was studied in depth in 2000, and several options to reduce or eliminate speeding traffic were presented to the neighborhood, but no consensus could be reached. Staff has responded to Mr. Storfer with a letter explaining these facts and the recommended actions the City will take as outlined below. St. Louis Park City Council Agenda Item: 030303 - 4a - TS574 Stop Sign at 27 & Raleigh Page 2 of 5 Analysis: Although the signs are not warranted per the Minnesota Manual of Uniform Traffic Control Devices, (MMUTCD), the petition does meet the requirements of the City’s policy. Therefore, staff is recommending the installation. Staff is also recommending that the following initiatives be pursued: 1. Annually, have the Police Department contact Benilde-St. Margaret’s staff and request a presentation before the student body or a newsletter article be published reminding students to be courteous and responsible when driving through the neighborhood. 2. Installation of additional signage directing traffic from 25 ½ Street to the south-bound TH 100 ramp via the Cedar Lake Road bridge. Recommendation: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution authorizing the parking regulations may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommended action. Attachments: Map (Supplement) Comment List Resolution Prepared by: Maria A. 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: 030303 - 4a - TS574 Stop Sign at 27 & Raleigh Page 3 of 5 27th Street & Raleigh Avenue Stop Sign Installation Comments Name Address Comments Rhonda IntVeld 2713 Raleigh Avenue Supportive Has seen many accidents at this corner; feels its dangerous; cars race down street; many children live on this block Dan & Yosefa Carriger 2701 Raleigh Avenue Supportive Concerned about number of accidents at this corner-mostly students who don’t understand the rules for “right-of-way” at unmarked intersections; feels its been unduly difficult to get Stop sign at this corner; feels east-west direction would have less impact on traffic but supports overall effort Jill Panvica 2716 Raleigh Avenue Supportive Has seen many accidents; students & residents race down street; feels it will slow cars down Leon Storfer 2657 Raleigh Avenue Does not Support Feels other alternatives should be pursued; vehicles were supposed to exit area using bridge under TH 100 to go south-bound; feels this will create additional noise and exhaust; wants to pursue speed humps or “No Entry” signage; City should bear the cost of these Binnie Roberts Supportive Very busy street; concerned for children’s safety Wendy Berezovsky 2624 Quentin Avenue Supportive Long process St. Louis Park City Council Agenda Item: 030303 - 4a - TS574 Stop Sign at 27 & Raleigh Page 4 of 5 Raleigh Kent 2705 Raleigh Avenue Supportive Would strongly endorse the installation of signs; lots of Benilde students in the afternoon; many children live on the block Lynn Fischer 2622 Raleigh Avenue Supportive Was responsible for getting some of the signatures; lots of accidents happen here that don’t get reported to the Police; needed to calm traffic (no name-via voice mail) 27th & Quentin Avenue Supportive Feels these signs will be beneficial 27th Street & Raleigh Avenue Stop Sign Installation Comments (Previous – April, 2002) Name Address Comments June Ingleson 2606 Raleigh Avenue Feels Stop signs are not needed at this intersection but instead at 26th & Raleigh; suggested a “Slow Children” sign Piotr Bednarski 5032 W. 28th Street Had a minor accident at this corner; feels signs are needed Lynn Schwartz 2716 Raleigh Avenue Feels signs are needed but should be installed to stop traffic on 27th Street (traveling east-bound and west-bound) St. Louis Park City Council Agenda Item: 030303 - 4a - TS574 Stop Sign at 27 & Raleigh Page 5 of 5 RESOLUTION NO. 03-026 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON RALEIGH AVENUE AT W. 27TH STREET TRAFFIC STUDY NO. 574 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on Raleigh Avenue at W. 27th Street, (north- and south-bound approaches). Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 030303 - 4b - Hennepin County Recycling Grant Agmt Page 1 of 3 4b. Motion to adopt the attached resolution authorizing application for a Hennepin County grant to fund the City’s curbside recycling program. Background: Since 1988 the City has received annual grants from Hennepin County as an aid in supporting the residential curbside recycling program that serves all single family through four-plex residential structures. From the beginning through 1992, the County’s recycling grant program provided reimbursement of 50% to 80% of eligible costs based on the amount of recyclable material diverted from the waste stream. In 1993 and again in 1994, the county changed its program to provide an entitlement of $1.75 per household per month regardless of the amount of recyclable material diverted from the waste stream. The County’s current funding policy (grant program) covers the period from January 1, 2000 through December 31, 2004, and provides for the proportional distribution of SCORE funds, which the County receives from the State of Minnesota. Although the County has established a funding policy through 2004, the State of Minnesota may alter its SCORE funding. SCORE (Select Committee On Recycling and the Environment) was established by Governor Perpich to provide a funding source for solid waste programs throughout Minnesota. SCORE funds are derived from a 6.5% tax on garbage collection and disposal fees. These funds are then distributed to Counties for solid waste programs, particularly recycling collection. Hennepin County’s share of SCORE funds for 2003 is $2,600,000, 10% less (about $355,000 less) than 2002 funding. The County’s share of SCORE funds is divided evenly between cities on a proportional basis by the number of households. St. Louis Park’s share may be $80,000 to $106,000, depending upon the final County budget. Since we are competing with cities that are expanding in the number of households, our share decreases proportionately, and may decrease even more. In 1995 the City authorized a grant application and agreement for the duration of this program. Since that time, staff has prepared grant applications and agreements for the Mayor’s signature annually. In December of 1997, Hennepin County informed staff that a Council Resolution authorizing each application and agreement would be necessary. This report and request is based on that Hennepin County requirement. Summary: Attached to this report is a resolution authorizing the application to Hennepin County for a grant to fund the City’s curbside recycling program. The grant application and the County funding Policy are attached for Council for information purposes only. Attachments: Resolution 2002 Municipal Recycling Final Report/2003 Grant Application(Supplement–1 form) Hennepin County Residential Recycling Funding Policy (on file in Clerk’s office) Prepared by: Scott Merkley, Public Works Coordinator Mike Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 4b - Hennepin County Recycling Grant Agmt Page 2 of 3 RESOLUTION NO. 03-023 RESOLUTION AUTHORIZING APPLICATION FOR A GRANT AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND HENNEPIN COUNTY FOR FUNDING ASSISTANCE FOR RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, pursuant to Minnesota Statute 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each City to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a funding assistance policy for source separated recyclables to distribute funds to Cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, Cities must meet the conditions set forth in the funding policy; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City Council authorizes the submittal of the 2003 Hennepin County grant application for municipal source separated recyclables and that the Mayor, City Manager and City Clerk are hereby authorized and directed to execute on behalf of the City of St. Louis Park, Minnesota an agreement in its entirety which covers the furnishing of a recycling program during 2003. BE IT FURTHER RESOLVED that as a condition to receive funds under the Hennepin County funding assistance policy, the City agrees to implement a waste reduction and recycling program as committed to by its submission of the 2003 Hennepin County recycling grant application and that the City will use such County funds for the limited purpose of implementing the City’s waste reduction and recycling program and that the City Clerk is hereby directed to file a certified copy of this resolution with the agreement with the Hennepin County Contract Compliance Officer. Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 030303 - 4b - Hennepin County Recycling Grant Agmt Page 3 of 3 Hennepin County 2000 Municipal Recycling Grant Application City of St. Louis Park Part IV. Description of Recycling Program St. Louis Park has an organized citywide municipal recycling program. All single through four-plex households have weekly recycling collection of two categories: 1. Mixed Paper: newspaper, junk mail, magazines, cardboard, boxboard, catalogs, phone books, soft cover books, and loose paper; 2. Commingled containers: glass, aluminum, bimetal, tin, and plastic bottles with “necks”. There is also special collection of appliances for recycling. In 2001, the City Council developed a purpose, goals and objectives for the Solid Waste Program in order to better serve the residents of St. Louis Park. The Purpose of the St. Louis Park Solid Waste Program is to provide solid waste services responsive to citizens’ needs to ensure a vital community. The Solid Waste Program Goals include high quality service, environmental stewardship, cost effective services, effective communication and a continual evaluation of our program and the industry. In keeping with these goals and objectives established by staff, the City of St. Louis Park is developing a solid waste public education campaign that will focus on the idea of “Reduce, Reuse, Recycle.” City of St Louis Park staff work with residents, the solid waste contractor, the St. Louis Park schools, and other organizations in the community to promote waste reduction and recycling. We are currently setting goals of increased recycling participation in our community. To further the scope of our “Reduce, Reuse, Recycle” philosophy we have taken steps to ensure recycling among Multi-Family Dwellings. The City of St Louis Park has an ordinance requiring Multi-Family Dwellings to provide recycling services for tenants. City staff began promoting compliance with this ordinance by sending recycling surveys to all property managers and/or owners of Multi-Family Dwellings in the City of St Louis Park. The responses were then entered into a database to track Multi-Family Dwellings recycling practices. Property managers/owners that did not have recycling programs in place have received help developing recycling programs for their properties from City and County staff. One of our objectives under the goal of environmental stewardship is to encourage citizens to take responsibility for the environmentally sound management of their solid waste. We strive to do this by educating residents about recycling through various media, and by involving the children of the community. St. Louis Park City Council Agenda Item: 030303 - 4c - Hentges Change Order, Proj.111-01 Page 1 of 3 4c. Motion to adopt the attached resolution approving Change Order No. 4 with S.M. Hentges & Sons, Inc. for the construction of additional storm sewer, sanitary sewer, and watermain on City Project Nos. 00-07, 01-08, and 01-09 – City Contract No. 111-01 Background: The City contracted with S. M. Hentges & Sons, Inc. (Hentges) for construction of stormwater improvements for three (3) different projects; Yosemite Avenue south of Excelsior Boulevard, W. 33rd Street and Dakota Avenue and at W. 33rd and Texas (Sumter). During the course of construction additional utility work was required including the relocation/ reconstruction of City watermain, private water and sewer services, additional manhole structures and a number of other related items. Following is a summary of the various change order items: Item Description Cost 1. Install wood fiber erosion control fabric $ 24,458.00 2. Replace residential water and sanitary services $ 20,793.17 3. Watermain and appurtenances $ 20,463.08 4. Various other items $ 38,483.12 $104,197.37 Financial Considerations: It is proposed that the construction of water and sanitary sewer improvements be paid by the respective Water Utility Fund and Sanitary Utility Fund. Funding is available for these improvements. Following is a breakdown of the proposed funding for Change Order No. 4 into the three utility funds: 1. Water Utility Fund $ 28,813.50 2. Sanitary Utility Fund $ 15,862.75 3. Storm Water Utility Fund $ 59,521.12 $104,197.37 Following is a summary of the Hentges contract: Original Contract Amount 1,559,418.75 Change Orders #1-3 37,904.25 Subtotal $ 1,597,323.00 Contract Overruns/Underruns - 44,392.04 Subtotal $ 1,552,930.96 Change Order #4 104,197.37 TOTAL $ 1,657,128.33 St. Louis Park City Council Agenda Item: 030303 - 4c - Hentges Change Order, Proj.111-01 Page 2 of 3 Recommendations: It is recommended the City Council adopt the attached approving Change Order No. 4 with S. M. Hentges & Sons, Inc. to Contract No. 111-01 in the amount of $104,197.37, increasing the total contract amount from $1,552,930.96 to $1,657,128.33. Attachments: Resolution Change Order No. 4 (Supplemental) Prepared by: Carlton Moore, Superintendent of Engineering Reviewed by: Maria A. Hagen, City Engineer Michael P. Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 4c - Hentges Change Order, Proj.111-01 Page 3 of 3 RESOLUTION NO. 03-0 RESOLUTION PERTAINING TO CHANGE ORDER NO. 4 CONTRACT NO. 111-01 S. M. Hentges & Sons, Inc WHEREAS, on October 3, 2001, the City Council entered into Contract No. 111-01 with. for construction of additional storm sewer, sanitary sewer, and watermain on City Project Nos. 00-07, 01-08, and 01-09; and WHEREAS¸ the City has determined that certain modifications must be made to the contract to facilitate the construction of the project; and WHEREAS, the Contractor, S. M. Hentges & Sons, Inc. has agreed to the prices for the modifications noted above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of St. Louis Park, Minnesota, that Change Order No. 4, in the amount of $104,197.37, to Contract No. 111-01 with S. M. Hentges & Sons, Inc. for the construction of additional storm sewer, sanitary sewer, and watermain is hereby approved. Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 030303 - 4d - SSD No. 1 Assessment Reduction Page 1 of 3 4d. Motion to reduce special assessments in Special Service District No. 1 Background: On October 21, 2002, the City Council approved the budget and special assessment amount for Special service District No. 1. This is an annual process required by service district statutes as well as special assessment statutes. Staff has been analyzing the service district’s fund balance to determine the appropriate level of reserves that need to be maintained. In reviewing the historical expenditures, it has been determined that the reserve level should be maintained at 50% of the annual budget. Discussions were held with the Special Service District Board to explain the status of the District’s reserves. After reviewing several options, the Service District Board has indicated they would like to see this reserve reduced over a period of four (4) years. This fund has approximately $170,00 in reserves as of December 31, 2002. A schedule showing estimated revenue and expenditures for the next four- (4) years is outlined below. Please keep in mind that this schedule will be updated each year and that the reduced assessments are not guaranteed from year to year. Each year actual revenue and expenditures will be reviewed and the future year forecast updated. 2003 2004 2005 2006 Estimated Beginning Fund Balance 170,000$ 125,450$ 101,486$ 77,322$ Revenue: Assessment Charges 50,500$ 56,180$ 56,180$ 56,180$ Direct billing for services 950 1,056 1,056 1,056 City Snow Hauling 3,000 3,000 3,000 3,000 Interest Income 1,000 800 600 400 Total Estimated Revenue 55,450$ 61,036$ 60,836$ 60,636$ Expenditures 100,000$ 85,000$ 85,000$ 85,000$ Estimated Ending Fund Balance 125,450$ 101,486$ 77,322$ 52,958$ In order to maintain a 50% reservation of the annual budget, the reserve amount should be set at $53,000. Based on this analysis, that goal is met in the year 2006. The Special Service District Board has indicated they would prefer to reduce the balance over time rather than have no charges for several years and then have a significant increase. Recommendation: Staff recommends that Council approve the attached resolution reducing the assessment amounts for 2003. Staff also recommends reviewing this analysis annually during the budget process. Attachments: Resolution approving reduction in special assessments for Special Service District No. 1 Parcel listing of assessments Prepared by: Jean D. McGann, Director of Finance Approved by: Charles W. Meyer, City Manager RESOLUTION NO. 03-028 RESOLUTION APPROVING REDUCTION IN SPECIAL ASSESSMENTS FOR SPECIAL SERVICE DISTRICT No. 1 WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District No. 1 (the “District”). The specific properties located within the District are identified on Exhibit “A” attached hereto; and WHEREAS, pursuant to Resolution No. 96-87, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2006 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 96-87, the maximum service charge to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, upon analysis of the fund balance reserves it has been determined the assessment amount should be reduced from the amount certified to Hennepin County for the year 2003 WHEREAS, pursuant to Section 3 of Resolution No. 96-87, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is did to certify this assessment to the County by November 30, 2002 as required by Statute NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: The authorized 2003 Service Charge for Special Service District No. 1 is to be reduced to $50,500 in the amounts and against the properties specified on Exhibit “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk EXHIBIT A REVISED ADOPTED Authorized 2003 Service Charge 2003 2003 PAR.PID SERVICE SERVICE NO.OWNER NO.CHARGE CHARGE 1 3601 Park Center Boulevard PCOB Properties LLC 06-028-24-33-0004 2,728 5,456 2 3601 Sth 100 South Dayton Hudson Corp.06-028-24-33-0015 5,755 11,510 3 3777 Park Center Boulevard Park Center Ltd.06-028-24-33-0014 5,874 11,749 4 5400 39th Street West AAA Minneapolis 07-028-24-22-0004 2,962 5,925 5 3900 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0035 2,408 4,816 6 5500 Excelsior Boulevard Tower Place LLC 07-028-24-22-0036 2,861 5,721 7 5200 Excelsior Boulevard Tower Place LLC 07-028-24-22-0037 804 1,609 8 5100 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0034 948 1,896 9 3800 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0031 2,431 4,861 10 3800 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0031 540 1,079 11 5050 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0033 1,774 3,548 12 5000 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0032 412 823 13 4950 Excelsior Boulevard Koblas 07-028-24-21-0006 320 639 14 4920 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0005 248 496 15 4916 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0004 368 736 16 4951 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0253 2,563 5,126 17 4961 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0023 333 666 18 4995 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0024 430 861 19 5001 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0025 310 620 20 5201 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0026 4,027 8,054 21 3700 Monterey Drive City of St. Louis Park 06-028-24-34-0017 12,404 24,808 TOTAL $50,500 $101,000 Note: (1)The proposed 2003 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. (2)The revised 2003 service charge was $101,000 with 50% ($50,500) being paid from the reserves to lower the fund balance. ADDRESS CITY OF ST. LOUIS PARK Special Service District #1 Estimated Annual Cost Per Parcel St. Louis Park City Council Agenda Item: 030303 - 4e - Planning Commission Minutes 1-8-03 Page 1 of 3 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA January 8, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Ken Gothberg, Dennis Morris, Jerry Timian MEMBERS ABSENT: Phillip Finkelstein, Carl Robertson STAFF PRESENT: Judie Erickson, Julie Grove, Nancy Sells 1. Call to order - Roll Call Chair Gothberg called the meeting to order at 6:05 p.m. 2. Approval of Minutes of November 6, 2002 and December 4, 2002 It was moved by Commissioner Morris to approve the minutes of November 6, 2002 and December 4, 2002. The motion passed 4-0. 3. Hearings: A. Case No. 02-63-CP—Request by Andrew Brenner for a Comprehensive Plan amendment from Residential to Commercial for property located at 2950 Quentin Ave. S. B. Case No. 02-62-Z—Request by Andrew Brenner for rezoning from R2 to C1 for property located at 2950 Quentin Ave. S. Chair Gothberg said there are two cases in regard to applicant Andrew Brenner’s request because a Comprehensive Plan amendment would be required prior to a rezoning of the 2950 Quentin Avenue South property. Chair Gothberg read Mr. Brenner’s letter of withdrawal regarding his zoning change request, dated January 8, 2003. Mr. Brenner would like to reinstate his property to R-4. Chair Gothberg is concerned about Mr. Brenner operating a home office business under the current zoning. He added that staff did not recommend that the applicant revert to R-4 zoning. Associate Planner Julie Grove presented a staff report regarding existing conditions, comprehensive plan/zoning history, and the applicant’s proposal. Ms. Grove said staff is not recommending R-4 zoning at this time; and may not in the future. A new application would have to be submitted so that a complete analysis of rezoning to R-4 could be conducted. Planning Coordinator Judie Erickson said some of the conditions for home occupation are: may not occupy more than 10% of the home; the material or equipment must be stored within an enclosed structure; the operation of the home occupation may not be apparent from the right-of-way; the activity may not involve warehousing, distribution or retail sales of merchandize; only those who reside in the home may work as employees (no outside employees); and there are conditions placed upon vibration, equipment, and machinery by City ordinance. Chair Gothberg opened the public hearing. Chair Gothberg acknowledged a letter of opposition to a reclassification of the property sent by Tamara Walstrom, 2901 Quentin Avenue South, dated January 7, 2003. Mr. Brenner addressed the Planning Commission and those in the audience. Mr. Brenner said he has the support of many of his neighbors in his decision to apply for C-1 zoning, but in the future he would like to request the zoning be changed to R-4. He has made several improvements to the exterior and will upgrade the landscaping. Commissioner Morris asked Mr. Brenner if he anticipates using more than 10% of the home for office; if so, it would become a nonconforming use. Mr. Brenner said he understands that to request a future change to an R-4, he would have to reapply and return to the Planning Commission. Therese Samudio, 2947 Quentin Avenue South, is opposed to the proposed zoning change. Ms. Samudio provided background information on the 2950 Quentin property and her interactions with Mr. Brenner. She said many of the neighbors do not support Mr. Brenner’s plans. Ms. Samudio presented signed petitions from property owners on Quentin, Princeton, and Raleigh Avenues. Mary Van Pilsum-Johnson, 2930 Quentin Avenue South, said her need is to keep the neighborhood safe for her two daughters. Ms. Van Pilsum-Johnson stated there are several single-family homes near the 2950 Quentin property as opposed to Mr. Brenner’s remark that there are only a few. Justin Banks, 2901 Raleigh asked if a property must be homesteaded to have a home office, and Ms. Erickson replied no. Robert Carpenter, 2906 Quentin Avenue South, said Ms. Samudio’s concerns and comments are shared by many of her neighbors. Chair Gothberg closed the public hearing. Commissioner Morris said spot zoning is undesirable. He said if Mr. Brenner’s proposal were under consideration tonight, he would philosophically be opposed to the request. Commissioner Morris said residential should not be eliminated in favor of commercial/retail. He would not want to disrupt the character and stability of Minnetonka Blvd. Commissioner Bissonnette said she agrees with Commissioner Morris. She would have concerns about potential resale. Chair Gothberg stated that he also agrees with Commissioner Morris. 4. Unfinished Business 5. New Business A. Letter of Resignation from Michael Garelick Chair Gothberg reported that Commissioner Garelick has resigned from the Planning Commission. He acknowledged Commissioner Garelick’s efforts with the Commission. B. Elect Chair and Vice-Chair Commissioner Timian said that if the Commission wished to re-elect the current Chair and Vice Chair, the vote should be held; otherwise, he recommended deferring the vote until the full Commission is present. Chair Gothberg agreed and he asked the election for Chair and Vice Chair be postponed to the next meeting. 6. Communications A. Board of Zoning Appeals minutes September 26, 2002 7. Adjournment Chair Gothberg adjourned the meeting at 7:00 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 030303 - 4f - Human Rights Commission Minutes of 1-15-03 Page 1 of 2 City of St. Louis Park Human Rights Commission Minutes – January 15, 2003 Westwood Rm – City Hall1` Present Commission Members: Mattthew Armbrecht, Cassandra Boddy, Kristin Edsall, David Oguamanam, Ganesh Rameshrathinam, Kristi Rudelius-Palmer Call to Order Cassie called the meeting to order at 7:03 p.m. Kristi asked Ganesh about himself and why he applied for the commission. December Minutes: It was moved by Matt, seconded by Kristin, to approve the minutes with a minor change. The motion passed 6-0. Approval of Agenda: The commisioners approved the agenda after moving the Work Plan to the end of the agenda. Reports Staff report: Martha reported that she had several booklets from the MN Department of Human Rights as well as copies of the ethnographic study from the high school. The Sun Sailor recently published an article entitled ‘Looking Back’ and honored a past Human Rights Award winner. Martha informed the commission that she and Sara Krezsowick, Volunteer Coordinator, have now implemented a new program that allows students and members of the St. Louis Park Police to e-mail each other in a mentor-like capacity. Commissioner reports: Cassie reported that she spoke to members of the Human Mosaic regarding scheduling speakers and forums and the response was enthusiastic. She also reported that another swastika was found in early January. Kristi referenced the Faribault Human Rights Audit. She mentioned two museum displays for Martin Luther King, Jr. Day. She reported that there is an opportunity for youth to particapate in a program to bring diverse youth together that has been sponsored by the University of Minnesota Human Rights Department. Old Business Human Rights Award: Cassie inquired if February 3 was set for presenting the award at the City Council meeting. Martha replied that it was unless one the award recipients could not make it. Kristi was concerned about setting precedence of not letting the award go to individuals or organizations twice. Kristin felt that the award should go to those who go above and beyond St. Louis Park City Council Agenda Item: 030303 - 4f - Human Rights Commission Minutes of 1-15-03 Page 2 of 2 normal expectations. Matt stated that he was uncomfortable with so quickly eliminating an applicant. Cassie read a passage from a newsletter that stated the Human Rights Award was given to those that go above and beyond and who voluntarily conduct acts that benefit human rights. David suggested presenting more than one award. The group discussed the applications and qualities of all applicants. The group voted to present an award to YES Kids and Stephen Olson from Park Nicollet. They also felt that honorable mentions should be given to all other applicants. Student Essay Cassie reported that she had visited Cedar Manor school and provided flyers for them to pass out to students. Matt reported that he has still been unable to connect with Benilde/St. Margaret but did hear that one eighth grade class would be given extra credit if they submitted an essay. New Business There was no new business. Set Agenda for Next Meeting Items that were not discussed will be placed on the next agenda. Adjournment It was motioned by David, seconded by Kristin, to adjourn the meeting at 9:07 p.m. Respectfully submitted, Kim Olson, Recording Secretary St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 1 of 11 6a. Public Hearing to consider allocation of 2003 Community Development Block Grant Funds Resolution approving the proposed use of $269,981 in 2003 Urban Hennepin County CDBF Funds, reallocation of 2001/2002 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements Recommended Action: Mayor to close the public hearing. Motion to adopt the Resolution approving proposed use of funds for 2003 Urban Hennepin County Community Development Block Grant funds, reallocation of 2001 funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements Background: The City annually receives about $270,000 in federal Community Development Block Grant (CDBG) funds via Hennepin County. Federal statutes and regulations determine what activities are eligible under the CDBG program. The national objectives of the program are: • Benefit low and moderate income persons (moderate is defined as up to 80% of median area income, or $54,400 for a family of four, and low is defined as up to 50% of median area income, or about $38,350 for a family of four). • Prevention or elimination of slum or blight. • Meet a particular urgent community development need. In recent funding years, the Council has expressed a continued interest in targeting CDBG funds with an emphasis on capital improvement projects to address specific programs of interest. At the February 10, 2003 City Council study session, the Council discussed the proposed allocations for the 2003 grant year, and reviewed current CDBG activity. The Council re-affirmed the commitment to focus the limited CDBG funds on single family and multifamily housing rehabilitation efforts. 2003 CDBG Allocation of Funding: The City is expected to receive $269,981 in 2003 CDBG funds. As was discussed during the City Council study session on February 10, the proposed funding allocations would continue the Council’s focused approach for expending CDBG funds and meet the program’s national objectives. The Housing Authority of St. Louis Park discussed the proposed allocation at its February 12, 2003 Board meeting. Based on the February 10, 2003 study session discussion, the Council is asked to approve the following use of 2003 Community Development Block Grant funds. Additional detailed information regarding the proposed allocation is provided in the attached staff memo from the February 10, 2003, study session. St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 2 of 11 Activity Budget Single Family Rehab Deferred Loans -Targeted Rehab $94,000 Single Family Rehab Deferred Loans – County Admin $42,981 Single Family Emergency Repair Program $70,000 Community Involvement Program Rehabilitation $62,500 Total $269,981 Reallocation of 2001/2002 Funds At the Study Session of February 10, 2003, the City Council reviewed the proposed reallocation of 2001 grant year funds in the amount of $62,823 to ensure expenditure of funds within the 2001 grant year timeframe. • The 2001 funds from scattered site acquisition/demo ($3,323), targeted neighborhood rehab ($20,000), Crime Free Public Service ($4,500), and MF Rehab ($35,000), will be reallocated to the Wayside House Improvements ($40,000 approved as a 2002 grant year project) and the emergency repair program ($22,823). • In turn, the 2002 Wayside House Improvement allocation will be reprogrammed to a multifamily rehab project. Next Steps: After the public hearing on March 3, 2003, and authorization of the proposed CDBG funding by the Council, staff will submit the Request for Funding to Hennepin County. Recommendation: Motion to adopt the Resolution approving the proposed use of 2003 Urban Hennepin County Community Development Block Grant funds and proposed reallocation of 2001/2002 funds, and authorizing execution of Subrecipient Agreement with Hennepin county and any related Third Party Agreements. Attachments: February 10, 2003 Study Session Memo regarding CDBG Funds for 2003 Resolution Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 3 of 11 RESOLUTION NO. RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, REALLOCATION OF 2001/2002 FUNDS, AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant program; and WHEREAS, the City of St. Louis Park developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the City of St. Louis park held a public hearing on March 3, 2003 to obtain the views of citizens on local and urban Hennepin County housing and community development needs and priorities for the City’s proposed use of $269,981 from the 2003 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of St. Louis Park approves the following projects for funding from the 2003 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget Single Family Rehab Deferred Loans - Targeted Rehab $94,000 Single Family Rehab Deferred Loans – County Admin $42,981 Single Family Emergency Repair Program $70,000 Community Involvement Program Rehabilitation $62,500 Total $269,981 BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the reallocation of Community Development Block Grant funds by reallocating 2001 funds as follows: $35,000 from the multifamily rehab project; $20,000 from the targeted neighborhood project; $4,500 from the MF Public Service Project; and $3,323 from the scattered site acquisition project, to approved existing projects: single family emergency repair program, $22,823 and Wayside House, multifamily rehab, $40,000. The City Council approves the reallocation of $40,000 of 2002 funds from Wayside House rehab project to multifamily rehab activity. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute a Subrecipient Agreement and any required Third Party Agreements on behalf of the City to implement the 2003 CDBG program. St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 4 of 11 Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 5 of 11 5. Grant Year 2003 Community Development Block Grant (CDBG) Funds and 2002 Housing Rehab Activity PURPOSE OF DISCUSSION: Staff would like to discuss CDBG funding priorities for the upcoming grant year. This report includes discussion of the proposed 2003 Allocation, proposed reallocation of 2001 Funds and status of 2002 Funds. The City’s current initiative to identify and address single family properties needing improvement provides a comprehensive framework in which CDBG funds can be used to complement and enhance the City’s initiatives. As such, a recap of 2002 housing rehab activity will also be presented. BACKGROUND: The City received approximately $270,000 in federal CDBG funds in 2002 through Hennepin County. The County estimates that the 2003 allocation will be similar to the 2002 grant and will inform us when the actual fund amount is known. The national objectives of the program are: • Benefit low and moderate-income persons (moderate is defined as up to 80% of median income or $54,400 for a family of four, and low is defined as up to 50% of median income or $38,450 for a family of four in 2002). • Prevention or elimination of slum or blight. • Meet a particular urgent community development need. Over the past several years, the City Council has focused CDBG funds to support capital hard cost activities (sticks and bricks) with a small portion for multifamily related support services. The emphasis has been to address improvements to the housing stock for low-income families, both single-family owners and multifamily tenants. A review of current CDBG activity and housing rehab activity is provided as an attachment to this report. 1. PROPOSED 2003 CDBG ALLOCATION The proposed activities for the allocation of CDBG funds reflect the priorities described in Vision St. Louis Park and the Economic Development Strategic Plan for Housing and Business. The proposed allocations will enhance the City’s current initiative to address single family properties as identified in the housing condition survey and meet the national objectives. The current pilot rehab program targeting homes with multiple exterior code violations has increased rehab activity of single-family homes, and this year’s proposed allocation will continue to leverage funds to support improvement of deteriorated single-family properties. Table 1: Proposed 2003 Allocation St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 6 of 11 CDBG Activity Proposed Allocation Single Family “Targeted Rehab” $94,000 Community Involvement Program Rehabilitation $62,500 Emergency Repair Program $70,000 SF Rehab: Deferred Loans/County Administered $43,500 Total $270,000 Proposed Project Descriptions Single Family Targeted Rehab Loans $94,000 The targeted pilot rehab program is expected to fully expend the MHFA grant for deferred loans to the lowest income owners of properties identified in the citywide housing survey. CDBG funds can be leveraged for this project. Use of CDBG funds on the pilot rehab program will reduce the expenditure of Housing Rehab Funds, and be available after MHFA funds are expended by the deadline of December 2003. CDBG funds would be available through December 2004. This deferred loan would be “forgiven” if the homeowner retains ownership for 15 years. Income eligibility is 50% or less of the median area income or $26,850 for a single person household, with assets less than $25,000. The Center for Energy and Environment (CEE) currently administers the pilot rehab loan program and would administer the CDBG component as well. The cost of rehab with CDBG requires a lead risk assessment and clearance test, as well as additional administrative monitoring requirements, which will increase the average cost per house to $23,500. Four more properties would be served with this funding. Community Involvement Program (CIP) Rehab $62,500 CIP is a private non-profit organization formed in 1971 to provide community based mental health services and supportive housing. The housing services and mental health support are separate but closely linked activities. CIP owns and manages 26 properties housing 128 mental ill or developmentally disabled individual throughout the western suburbs, 8 of which are located in St. Louis Park and house 29 individuals. CIP’s tenants have incomes less than 30% of the area median income or, $16,100 for a single household. CIP’s 8 properties are scattered throughout the city and include 1 apartment building with 6 1-bedroom units, 1 duplex with 5 single occupancy rooms and 6 single family homes, each with 3 bedrooms. CIP has not received, nor requested CDBG funds in the past. CIP ÊÚ ÊÚ ÊÚ ÊÚ ÊÚ ÊÚÊÚÊÚ St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 7 of 11 has historically acquired and renovated properties with HOME, MHFA and Hennepin County Affordable Housing Incentive Funds. Mental health services are funded through the County and operations and maintenance are funded internally. The low revenues generated from income based rents make ongoing repair and maintenance difficult to pay. CIP has recently initiated a capital improvement plan for all their properties, and is in the process of developing a reserve plan to address future improvements and rents. CIP has a positive property management history in St. Louis Park. Over the years, the Inspections Department has received only nominal nuisance complaints related to one of their properties. The Police Department records indicate that two of the buildings have experienced higher than average medical and welfare-check calls, these are not criminal in nature and are related to the nature of the mentally and developmentally disable tenants. Community Development staff conducted site visits to determine the appropriateness of CIP’s capital improvement request and found the properties to be generally well maintained. CIP strives to ensure their tenants are good neighbors, and screens very thoroughly, they also strive to ensure that their properties are one of the best maintained on the block. CIP estimates that $67,300 is required to make primarily exterior and building system improvements to 8 properties. They have provided a list of capital maintenance items for each building. The property requiring the most extensive improvements is 3384 Library Lane, previously known as the Kelly Apartments. Since CIP acquired the property two years ago, they have made investments including installation of a new water heater, water softener, and boiler repair. Proposed improvements include sidewalk repair and extension to make the building more accessible for a handicapped resident, replacement of the antiquated intercom system, boiler replacement, replacement of 2 air conditioners, partial carpet replacement and replacement of 2 stoves and refrigerators. Improvements to the other properties include repair of 3 garages, deck replacement, minor window and door replacements, and installation of central air conditioning. CIP will be acquiring the property at 3601 Rhode Island in early February. This property is in need of window and door replacement, garage repair, air conditioning, and chimney repair. Two of the improvements, though not sticks and bricks are proposed due to the nature of CIP’s tenants. A working intercom system is especially important in the building with six vulnerable single women. CIP staff noted that air conditioning is more than a comfort issue - that temperature control is medically beneficial. This project is consistent with the Council’s emphasis on sticks and bricks if improvements excluding stove and refrigerator replacement are funded. Staff recommends funding $62,500, and not funding appliance replacement. This project is consistent with preservation of both housing stock and affordable housing and serves the lowest income residents. It meets Hennepin County's highest priority rating for CDBG fund activity. The rehab improvements will be administered by CIP, which has worked positively with County housing staff for decades. Emergency Repair Program $70,000 St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 8 of 11 The Emergency Repair Program, which has been in place for years, provides a grant of up to $4,000 to homeowners with annual income of 50% or less of the MAI, $26,850 for a single household and assets less than $25,000. This program is designed to respond to emergencies such as leaking roofs, water heater replacements and sewer related problems. Community Action for Suburban Hennepin County (CASH) administers this program. This program is consistent with the Council’s focus on stick and bricks and has proven its responsiveness to low income seniors and vulnerable residents. Twenty residents would be served. Funding for this project has consistently been expended and CASH has committed all current funds for projects. Since the city implemented the pilot rehab program, the activity level for this service has increased and is expected continue to increase through pilot program implementation. Single Family Deferred Loans $43,500 This is the primary CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income (MAI), $38,450 for a household of 4, and assets less than $25,000. The rehab focuses on improvements to bring homes into code compliance and provide long-term maintenance free housing. The maximum loan amount is $20,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15-year period expires. The county met the City’s desired production rate of 8 properties in 2002. The addition of $43,500 to existing unexpended rehab funds will provide funds for 8 properties in the 2003 grant year. 2. PROPOSED REALLOCATION OF 2001 FUNDS In addition to the 2003 proposed allocation, staff suggest that re-allocation of 2001 funds be administered simultaneously with the 2003 grant year resolution. 2001 funds not committed by June 2003 and expended by Dec 2003 would be recaptured by the County. The table shows activities that will not be expended in a timely manner and is followed by proposed reallocations. Table 2: 2001 Funds not Committed nor Expended Activity 2001 Scattered Site Acquisition/Demo 3,323 Targeted Neighborhood Rehab 20,000 MF Public Service – Crime Free Multi Housing 4,500 MF Rehab 35,000 TOTAL $62,823 Staff suggests that $40,000 be reallocated to the already approved Wayside House exterior and landscape improvements at 1341-49 Jersey Ave S. Wayside has secured additional funding from MHFA, the Family Housing Fund, and Hennepin County and construction is planned for this summer, therefore the 2001 funds could be expended in a timely manner rather than using 2002 funds already allocated. Staff also suggests that the remaining $22,823 be reallocated to the St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 9 of 11 emergency repair program administered by CASH. CASH has committed existing funding to projects and the reallocation would ensure that no gap in service occurs. 3. STATUS OF 2002 FUNDS Table 3: 2002 Funds to be Expended by December 2004 Activity 2002 Scattered Site Acquisition/Demo $217,434 * Wayside House Rehab (reallocate to MF rehab project) $40,000 Emergency Repair Program (CASH committed) $8,000 TOTAL $265,434 *Includes program income Scattered site acquisition activity as part of the Home Renewal Program, may gear up as blighted properties identified in the citywide survey become available. Two blighted properties have been identified that are not options for move up new construction. One is located on a very small commercial lot and the other is a very modest home, on a small lot, in neighborhood with relatively low home values, where move up housing would not be appropriate. The county is now requiring that 20% of scattered site acquisition dollars be used for affordable housing projects. Habitat for Humanity has indicated an interest in partnering with the City in acquisition of blighted property that would be redeveloped as single-family affordable owner occupied homes. This option would remove blight and provide a new affordable ownership opportunity where the move up housing is not feasible due to location, and it would meet the County’s affordability requirement. Next Steps: Staff requests Council direction on the proposed 2003 allocation and the reallocation of 2001 and 2002 funds. The following is a schedule of action required by the City to receive 2003 CDBG funds: February 20, 2003 Notice of public hearing is published March 3, 2003 Public hearing; passage of Resolution outlining proposed activities March 7, 2003 Submission of application to Hennepin County Attachments: Status Report of Current CDBG Activity, 2002 Housing Rehab Activity Report and Maps Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 10 of 11 STATUS REPORT: CURRENT CDBG ACTIVITY – JANUARY 2003 St. Louis Park has consistently expended its allocation in a timely manner, and did so again in 2002. The table below shows 2002 calendar year expenditures with brief program updates following. Table: 3: 2002 Calendar Year Expenditures Project Activity Expended Single Family Deferred Loans $138,5447 SF Emergency Repair Program $61,240 Blight Removal - Home Renewal Program $80,589 Lenox Community Center $114,693 Vail Place $35,000 Meadowbrook Manor Park Shelter $14,066 TOTAL $444,132 Single Family Deferred Loans This is the primary CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income (MAI), $38,450 for a household of 4, and assets less than $25,000. The rehab is focused on improvements to bring homes into code compliance. The maximum loan amount is $20,000 and is forgiven after 15 years. Repayment is required if homeowners sell property before the 15-year period expires. The County contributes additional lead reduction dollars to projects as required to meet the $20,000 maximum of the City funds. Single Family Emergency Repair Program Community Action for Suburban Hennepin County (CASH) administers this program which provides grants for repairs to homeowners with annual income of 50% or less of the median area income (MAI), $26,659 for a single household and assets less than $25,000. In 2002 CASH served 33 residents, 17 of which received grants. The improvements made with the grant monies included roof repair, water heater replacement, sewer-related repairs, and step and sidewalk improvements. Grant recipients include 9 single elderly female seniors, 3 mentally or physically disabled individuals, and 5 working families. In addition to the CDBG funded emergency repair program CASH provides services such as home ownership counseling, foreclosure prevention, reverse mortgagee counseling, rehab assistance, and leverages energy assistance dollars for furnace replacement and weatherization. To meet the needs of St. Louis Park low-income residents, CASH leverages funds and services with STEP, County home coordinated services, Lutheran Social Services financial counseling, City discount loans, and the local weatherization provider. St. Louis Park City Council Agenda Item: 030303 - 6a - 2003 CDBG Public Hearing Page 11 of 11 Scattered Site Acquisition- Home Renewal Program The home renewal program is designed to remove blighted single-family homes. The homes have been replaced with new construction move-up housing. During 2002 the project at 6513 Minnetonka Boulevard was closed out and the blighted home at 4247 Wooddale was acquired and demolished, with construction just finishing. The purchase of another blighted property was pursued, the acquisition has yet to occur and staff anticipates further activity by mid March of 2003. Lenox Community Center CDBG funds were used to assist with bathroom renovations and common space wall construction at the Lenox Community Center. Construction was completed in early summer. It had been estimated the cost would be $130,000, however the total construction cost was $114,066. Vail Place $35,000 in CDBG funds was used to assist with the acquisition of the Vail Place project. Vail Place provides supportive housing and mental health services to mentally ill, low-income individuals. Vail Place is building a 7 unit apartment building for mentally ill, very low-income individuals at its’ previous location, 7850 37th St. West. The building is currently under construction. Meadowbrook Manor Park Shelter A park shelter, picnic tables and grills was installed in summer of 2002 for use of the summer Park and Recreation programs for children at Meadowbrook Manor complex. The shelter is located behind the Meadowbrook Collaborative office. The cost had been estimated at $20,000 and the actual cost was $14,066. St. Louis Park City Council Agenda Item: 030303 - 8a - Elmwood Study final resolution Page 1 of 5 8a. Elmwood Area Land Use, Transit, and Transportation Study Resolution to accept the Elmwood Area Land Use, Transit, and Transportation Study Case No. 01-29-CP Recommended Action: Motion to approve resolution accepting the Elmwood Area Land Use, Transit, and Transportation Study with the understanding that the Council is not bound now or in the future by the study assumptions or the study recommendations, including but not limited to, density and infrastructure recommendations.. Background: The City Council reviewed the final draft of the Elmwood Area Land Use, Transit, and Transportation Study at its regular meeting on February 18, 2003. Public comments were received from the Elmwood Neighborhood residents and business owners relative to the study. Concerns raised related primarily to the recommended residential density for the Quadion site and the proposed bridge across TH 100. The City Council also expressed concern for some of the study recommendations, particularly the recommended residential density for the Quadion property. The City Council requested staff to bring back a resolution which would accept the study but also clarify the Councils position on the recommendations in the study. Staff has attached a resolution that generally addresses the Council concerns. As is normally the case with resolutions relating to land use matters, staff has included language which provides background on the study process. The resolution does not specifically list those items that were brought up during the meeting, since to do so may suggest acceptance without reservation those recommendations that are not specifically mentioned. Further study and analysis may find other recommendations of the study infeasible. Therefore, the language proposed in the latter part of the resolution is general and states in part that the study is intended to serve as “background for future land use, transit, and transportation decisions…” and that the City Council is not bound by either study assumptions or study recommendations. Attachments: Resolution accepting Elmwood Area Land Use, Transit, and Transportation Study. Prepared By: Judie Erickson, Planning Coordinator Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 8a - Elmwood Study final resolution Page 2 of 5 RESOLUTION NO. 03-025 A RESOLUTION ACCEPTING THE ELMWOOD AREA LAND USE, TRANSIT & TRANSPORTATION STUDY WHEREAS, the Comprehensive Plan 2000 – 2020 adopted by the City Council on May 17,1999 and effective September 1, 1999, stated that a study should be undertaken to understand the potential for future land uses within the area bounded by TH 100, Wooddale Avenue, and TH 7, also known as the Elmwood Area. This recommendation was based upon factors within the area including non-conforming land uses, age and style of buildings, and conversion of many buildings originally constructed for industrial uses to commercial uses, and WHEREAS, in addition to the direction provided by the Comprehensive Plan, the following factors influenced the decision to study the Elmwood area: 1. The redesign of TH 100 to eliminate the bottleneck between West 36th Street and Cedar Lake Road is on the Minnesota Department of Transportation’s agenda for construction. Planning and roadway design will affect the rail bridge over TH 100 within the study area and could affect the interchange at West 36th Street providing an opportunity to overcome existing deficiencies. 2. Hennepin County Regional Rail Authority is currently studying the Southwest LRT Corridor that traverses the study area for rail transit feasibility. If rail transit is developed within the Southwest LRT Corridor, a transit station would likely be located within the study area that would influence the desirability of certain land uses and densities within ¼ mile of its location. Development of rail transit also has potential impacts to freight rail within the study area. 3. The city and the Minnesota Department of Transportation are interested in improving the alignment of the south frontage road of TH 7 adjacent to Wooddale Avenue to promote vehicle and pedestrian safety and functionality. A realignment of this frontage road will have impacts to those properties flanking Wooddale Avenue. 4. There has been significant developer interest in the study area due in part to its visibility and location. A number of property owners within and in proximity to the study area are considering expansions, redevelopment or reuse of their properties. These include: § Owners of property at the southwest quadrant of TH 7 and Wooddale Avenue are interested in a total redevelopment of their site. The current Comprehensive Plan designation for the site is Civic/Mixed Use with a zoning designation of MX – Mixed Use. This property would be impacted by a potential realignment of the south frontage road of TH 7. § The property located at the southeast corner of TH 7 and Wooddale is now vacant. This property would be impacted by a potential realignment of the south frontage road of TH 7. § Quadion Corp. has closed the manufacturing plant on the southwest quadrant of West 36th Street and Wooddale Avenue and Quadion’s holdings within the study area are currently for sale. § The VFW property was recent sold for a reuse of a portion of the building for office. St. Louis Park City Council Agenda Item: 030303 - 8a - Elmwood Study final resolution Page 3 of 5 § Park Nicollet Health Services has announced plans to expand operations both at Park Nicollet Clinic and Methodist Hospital. 5. Hennepin County Regional Railroad Authority expressed interest in joining St. Louis Park in the Elmwood Area Land Use, Transit, and Transportation Study due to its interest in the Southwest LRT Corridor for rail transit and potential for transit- oriented redevelopment. This interest included funding for the study. WHEREAS, the assumptions considered as a basis for the study included anticipated changes to the study area such as rail transit on the Southwest LRT Corridor, a TH 100 expansion between West 36th Street and Cedar Lake Road, Park Nicollet and Methodist Hospital expansions, and redevelopment of internal parcels over time. The study assumed, given anticipated future development, traffic on Excelsior Boulevard will continue to increase and is predicted to cause levels of service on the intersection with TH 100 to reach unacceptable levels of service. The study also assumed the following: 1. Redevelopment within the study area would be developer driven and the City would not purchase property for redevelopment. 2. The study would take a long-range approach. Some changes will not occur until transit is in place in the Southwest LRT Corridor and other changes are dependent upon fluctuations in market conditions. 3. The study results should be both market and financially feasible. 4. The study would help inform transportation decisions and result in strategies for dealing with future changes that will affect the area. 5. A regional trail currently exists within the Southwest LRT Corridor providing a regional amenity to residents and businesses within the Elmwood Neighborhood. Bicycle and pedestrian access within the Study Area, connecting to the regional trail, and connecting to other areas across TH 100 and to the west are desirable. 6. The study would involve a meaningful public process. WHEREAS, the following timetable and process were used for the study: 1. On July 2, 2001 the City Council authorized Hennepin County to initiate a consultant selection process for the Elmwood Area Study. 2. SRF Consulting Group, Inc was chosen as consultants for the Study with sub- consultants Urban Strategies, Inc., ZHA, Inc., and Springsted, Inc. to address the market and financial feasibility of study land use recommendations. 3. On March 22, 2002, the formal kick-off meeting was held in City Hall. Elected officials, staff from other affected agencies, property and business owners within the study area, and neighborhood representatives were all invited. Approximately 25 business and neighborhood representatives attended as well as agency and City staff and public officials. 4. The City engaged in a public process that invited residents and other stakeholders to be a part of the process of creating a vision for the Elmwood area. The process included the following: St. Louis Park City Council Agenda Item: 030303 - 8a - Elmwood Study final resolution Page 4 of 5 § Three community meetings were held throughout the study process to provide property owners, business owners, and residents the opportunity to contribute to the development of the long-range vision for the Elmwood Study area. § The City formed a Community Advisory Committee comprised of property owners within the study area, Board and Commission members, and Elmwood and Sorensen Neighborhood representatives. The committee met six times during the study process at key study milestones for the purpose of advising city and county staff and consultants about the community-based issues related to future land use, transit, and transportation. § The City and Hennepin County formed a Technical Advisory Committee consisting of public agency staff with technical skills relative to land use, transit, and transportation to advise city and county staff and the consultants relative to technical issues. § City staff attended a Elmwood Neighborhood Association meeting to answer questions and take comments relative to the study. § Staff and the consultant held individual stakeholder meetings. § City newsletters, project newsletters, the City WebPage, cable TV, Hennepin County WebPage and neighborhood mailings were utilized to keep the public informed and offer opportunity for comments and feedback. 5. The Elmwood Neighborhood Association submitted a position paper containing preferred land uses for the Study Area based upon concerned related to traffic, the need for move-up housing, and neighborhood disruption. 6. As a part of the study a financial feasibility analysis was performed to determine feasibility for the neighborhood proposal and concepts developed by the consultants. 7. A draft report with recommendations was developed by the consultants that considered inevitable changes within the area, development pressures, and neighborhood concerns about traffic and disruption. The recommendations in the study are based upon the assumptions that land use recommendations are feasible from a financial and market perspective, and that redevelopment of parcels within the study area would be initiated by the private sector not the City. 8. The draft recommendations were reviewed by the Planning Commission on December 4, 2002 (Case No. 01-29-CP). The Planning Commission comments were incorporated into the final report. 9. The City council discussed the draft recommendations at their January 27, 2003, Study Session, suggested some minor changes, and authorized staff to make the revised report available for review by neighborhood residents, study area property owners and business owners, and other interested parties. 10. The City Council reviewed the final study report at its regular City Council meeting on February 18, 2003, heard testimony from interested parties, and directed staff to prepare this resolution. BE IT RESOLVED BY the City Council of the City of St. Louis Park that the Elmwood Area Land Use, Transit, & Transportation Study is accepted based on the findings set forth above and subject to the following understandings: St. Louis Park City Council Agenda Item: 030303 - 8a - Elmwood Study final resolution Page 5 of 5 1. The study consists of land use, transit, and transportation recommendations, project phasing, and planning principles and guidelines. The study shall serve as background information for future land use, transit, and transportation decisions including comprehensive plan amendments. 2. Additional studies and further analysis to test the assumptions and recommendations of the study are in the process of or will be undertaken. 3. The City Council is not bound now or in the future by either the study assumptions or the study recommendations, including but not limited to, density and infrastructure recommendations. Reviewed for Administration: Adopted by the City Council March 3, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 030303 - 8b - 2nd reading Parks Ordinance Page 1 of 6 8b. Second reading of 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 the ordinance, approve the summary and authorize summary publication. Background: At the meeting of February 18, 2003, council approved first reading of ordinance revisions to chapters 8 & 20 regarding retail sales in parks and other general updates to park regulations. At that meeting questions were raised regarding the removal of the prohibition against littering and the use of the term “temporary” in relation to retail sales. Litter & Handbills: With the recodification of the City Code that occurred in January 2002, Chapter 12: Environment and Public Health was adopted. This chapter adopts by reference state environmental and public health regulations, and addresses nuisances to health, peace and safety. Litter, handbills, posters, graffitti and other nuisances are addressed in Chapter 12 and prohibitions are expanded upon by including languange with explicit definitions, notice requirements, penalties, and provisions which allow for relief through abatement and assessment. Chapter 12 also specifically prohibits these nuisances from occuring “in or upon any public or private lands, parks, roadways, sidewalks, fountains, shorelines or waters in the city.” Citations which may be issued for littering, handbills, graffitti and other nuisances would appropriately be made under Chapter 12 which provides for more complete remedies. In our continuing effort to remove duplicative provisions from our City Code we have recommended that the prohibitions regarding litter, handbills and graffitti be removed from Chapter 20: Parks. Outdoor Sales: At first reading, council asked that the use of the term “temporary” in relation to outdoor sales be clarified. Staff did not intend to distinguish “temporary retail sales” from “retail sales” in general, but had inadvertently included the term “temporary” in the proposed revision to chapter 8. Council questioned its use which brought the error to our attention. The term has been removed for second reading. Attachments: Proposed Ordinance Ordinance Summary Prepared By: Cindy Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 030303 - 8b - 2nd reading Parks Ordinance Page 2 of 6 ORDINANCE NO. 2235-03 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: 030303 - 8b - 2nd reading Parks Ordinance Page 3 of 6 (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, barbecues and devices designed for cooking may be used in designated 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: 030303 - 8b - 2nd reading Parks Ordinance Page 4 of 6 (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: 030303 - 8b - 2nd reading Parks Ordinance Page 5 of 6 (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 March 3, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 030303 - 8b - 2nd reading Parks Ordinance Page 6 of 6 SUMMARY ORDINANCE NO. 2235-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHAPTER 8: BUSINESSES AND CHAPTER 20: PARKS AND RECREATION This ordinance states that Chapters 8 and 20 of the St. Louis Park City Code shall be amended to allow for retail sales in parks subject to Parks and Recreation Department approval and to update provisions regarding prohibited activities in parks. This ordinance shall take effect 15 days after publication. Adopted by the City Council March 3, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: March 13, 2003