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HomeMy WebLinkAbout2003/05/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 5, 2002 7:30 p.m. **STUDY SESSION TO IMMEDIATELY FOLLOW MEETING** 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of April 21, 2003 Document b. City Council Study Session minutes of April 7, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Request by BJ Wilmot, LLC for preliminary and final plat approval with a Variance to the subdivision ordinance to exclude the sidewalks requirement for construction of a single family home at 2223 & 2229 France Ave S Document Case Nos. 03-12-S and 03-13-VAR 2223 and 2229 France Avenue S Recommended Action: Motion to adopt a resolution approving the preliminary and final plat and variance for BJ Wilmot, LLC and waiving the title insurance and development agreement requirements, subject to the conditions and findings in the proposed resolution. 8b. Authorization to close Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) Document This report considers closing Brunswick Avenue South at the C.P. Railroad. Recommended Action: Motion to adopt the attached resolution authorizing the closure of Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) conditioned on certain CPRR concessions. 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 MAY 5, 2003 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the May 19, 2003 City Council meeting Document 4b Motion to adopt resolution approving Employee Programs: Retirement Incentive, Voluntary Leave without Pay and Request for Reduction of Work Hours Document 4c Motion to Appoint Three Councilmembers to Serve on Housing Summit Steering Committee Document 4d Motion to adopt the attached resolution that accepts this report, establishes this Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of June 2, 2003 Document 4e Motion to accept Planning Commission Minutes of April 2, 2003 Document 4f Motion to accept Board of Zoning Appeals Minutes of February 27, 2003 Document 4g Motion to accept Charter Commission Minutes of January 8, 2003 Document 4h Motion to accept Vendor Claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING MAY 5, 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: 050503 - 3a - Council Minutes of April 21, 2003 Page 1 of 5 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 21, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Chris Nelson was absent. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Finance Director (Ms. McGann); Human Resources Director (Ms. Gohman); and Recording Secretary (Ms. Samson). 2. Presentations 3. Approval of Minutes a. City Council Minutes of April 7, 2003 The minutes were approved as presented. b. City Council Special Study Session minutes of April 7, 2003 City M anager Charlie Meyer requested that these minutes be withdrawn and resubmitted at the May 5, 2003 City Council meeting. c. City Council Special Study Session Minutes of March 17, 2003 The minutes were approved as presented. d. Housing Summit Minutes of April 14, 2003 From Councilmember Santa: Under Housing Summit, the last sentence, it should state that representatives were not selected for the steering committee. 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. St. Louis Park City Council Agenda Item: 050503 - 3a - Council Minutes of April 21, 2003 Page 2 of 5 4a Adopt second reading of Ordinance No. 2240-03 adopting optional chapters of the Minnesota Building Code to become effective 15 days following publication 4b Adopt Resolution No. 03-042 approving the 2003 neighborhood revitalization grants for 21 neighborhoods and authorizing the City Manager to execute grant agreements with each neighborhood 4c Approve Second Reading and adopt Ordinance No. 2241-03 rezoning the eastern 40 feet of the M-X Mixed-Use District at the northeast quadrant of Park Commons Drive and Grand Way to R-C High-Density Residential subject to approval of the Comprehensive Plan amendment by the Metropolitan Council, approve the summary ordinance, and authorize publication. Case No. 03-11-Z 4d Adopt Resolution No. 03-043 for alley paving the 2700 block between Raleigh and Salem Avenues that accepts the report, establishes the Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of May 19, 2003 4e Accept the Board of Zoning Appeals Minutes of February 27, 2003 4f Accept the Housing Authority Minutes of March 12, 2003 4g Accept Vendor Claims for filing It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Consent Calendar. The motion passed 6-0. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Agenda as amended. The motion passed 6-0. 5. Boards and Commissions: None 6. Public Hearings Case No. 03-01-VAR: Walser Ford Staff presented a report on Walser Ford’s (“Walser”) request. The Applicant is proposing to remove some of the signage as a result of their variance application. Staff is recommending the Council uphold the decision of BOZA to deny Walser’s application for a variance. Mayor Jacobs opened the public hearing. Don Schilling, Director of Facilities for Walser Automotive Group, and Barbara Jerich, Executive Vice President and General Counsel for Walser Automotive Group, 5501 Excelsior Blvd., addressed the Council. Mr. Schilling said he found records from 1984 when Walser entered into a development agreement on their current site, in the form of a PUD; and, at that time, the owner signed St. Louis Park City Council Agenda Item: 050503 - 3a - Council Minutes of April 21, 2003 Page 3 of 5 a plan with that PUD, which approved signage for 1,500 square feet and up to five pylon signs. Mr. Schilling said two separate businesses operate on the premise, and a pending tenant may move in if Walser can provide adequate signage for that tenant’s needs. The tenant’s name is Walser Collision and Glass Group, however, the two Walser businesses are distinct entities. Mr. Schilling asked the Council to consider if there might be a middle ground in order for Walser to retain their most recent proposal for signage. Ms. Jerich said Walser is considering acquiring adjacent properties and then, perhaps, look at a PUD for the contiguous properties. Ms. Jerich requested an interim move be made by the City while Walser considers the purchase of the other properties and if Walser should subsequently apply for a PUD. She provided a presentation regarding Walser’s signage as motorists approach from various directions. Mayor Jacobs asked Staff about a consideration for Walser as a multi-tenant facility. Staff said that was considered as one option, however, a body shop is not a listed use, i.e., it is exempt under a provision of the ordinance. Councilmember Brimeyer asked: What is the impact of the 1984 PUD? Planning and Zoning Supervisor Janet Jeremiah said Walser is not in conformance with the old sign plan, and the 1984 PUD was approved by Special Permit, which has since been amended. Mayor Jacobs closed the public hearing. Ms. Jeremiah added that a multi-tenant classification would only allow for additional wall signage, the reader board would still be required to be removed. Councilmember Sanger would like to make a motion that the findings of BOZA be upheld and, she added, Council should not make distinctions in signage ordinances based on different business units and subsidiaries of one large parent corporation. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to uphold the decision of the Board of Zoning Appeals to deny Walser Ford's application for a variance to section 36-362(f)(20) of the ordinance code to allow more sign area than allowed by code for the property located at 3555 Hwy 100. Councilmember Brimeyer said the variance is too big to ignore. Ms. Jeremiah said no permit has been located for the reader board and the old sign plan specifically stated that the reader board was not allowed. Mr. Schilling stepped forward and presented a document dated November 3, 1994. Ms. Jeremiah said the document appeared to be an electrical permit to update the wiring on the reader board. If the original PUD allowed a reader board, then Councilmember Brimeyer would prefer to table this item for two weeks. St. Louis Park City Council Agenda Item: 050503 - 3a - Council Minutes of April 21, 2003 Page 4 of 5 Ms. Jerich said it is the Applicant’s understanding that a permit was issued for a freestanding permanent sign. She said the signage files the Applicant has correspond with invoices for the reader board; the invoices total $68,000.00. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to table this item. Councilmember Sanger said she will withdraw her motion. Councilmember Brimeyer would like to extend this for two weeks to check out the documentation. Councilmember Sanger would like Staff to determine what the permit actually approved, and does it make any difference in the analysis that Staff has presented to Council thus far. Councilmember Sanger withdrew her original motion. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to continue for two weeks. The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Labor Agreement with Firefighters for 1/1/03 through 12/31/03 Resolution No. 03-044 Director of Human Resources Nancy Gohman said this is the fifth and final contract for 2003. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-044 approving a Labor Agreement between the City and International Association of Firefighters Local 993, establishing terms and conditions of employment for one year: 1/1/03 – 12/31/03. The motion passed 6-0. 8b. Sale of $4,145,000 General Obligation Bonds, Series 2003A Resolution No. 045 Director of Finance Jean McGann said, if approved, the proceeds of the bond sale will be used to fund trails, parks, and other recreational improvements in the City. St. Louis Park City Council Agenda Item: 050503 - 3a - Council Minutes of April 21, 2003 Page 5 of 5 Mr. Meyer stated that Moody’s reaffirmed the City’s AA-1 rating, and he said Moody’s investigation and subsequent rating were predicated on the approach the City is taking to manage the City budget for 2004 and beyond. Councilmember Santa wanted to verify that the projects being funded have already been started, are let for bid, or already completed. Ms. McGann responded, yes, all projects comply with the proposed legislation. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 045 awarding the sale of bonds. The motion passed 6-0. 9. Communications From the Mayor: Mayor Jacobs said the Lenox Community Center will have its spaghetti dinner on Friday, April 25th. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:22 p.m. _______________________________ __________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 050503 - 3b - Study Session Minutes of April 7, 2003 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION Minutes of April 7, 2003 The meeting convened at 8:35 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), Director of Community Development (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), Planning and Zoning Supervisor (Ms. Jeremiah), Community Outreach Coordinator (Ms. McDonell), City Attorney (Mr. Scott), and City Clerk (Ms. Reichert). 1. Neighborhood Grants Ms. McDonell stated that great members comprised the Grant Review Committee this year. Dave Raatz, grant review committee, and Robert Kusnetz, Fern Hill neighborhood, were in attendance. Ms. Velick stated that grant amounts and requests have increased. She inquired if cuts could be made to funds for food as well as moonwalks that are rented. She felt more support for programs by the neighborhoods was needed. Councilmember Nelson was concerned about neighborhood becoming too dependent on city funding. He felt that with the budget cuts neighborhoods need to become more self-sufficient. Councilmember Sanger suggested inviting all the neighborhood’s leaders to a meeting to discuss budget reductions. She would like to address the neighborhood’s needs and develop goals. She inquired if there was different guidelines for different sized neighborhoods. Councilmember Omodt stated that the goal is to bring neighborhood residents together and that food is sometimes important in doing that. Councilmember Santa wanted to look at the cost of moonwalk purchases. Mr. Meyer stated that big budget cuts were coming and to keep that in mind. Ms. McDonell suggested that discussion could take place with the grant review committee later in the year to discuss budget cuts. Councilmember Brimeyer would like to have the committee develop guidelines that can applied to each grant request. Mr. Meyer stated that the cuts this year will not be as bad as 2004 and Council could expect more significant cuts. Mayor Jacobs said that he trusts the neighborhoods to know what is best for them. Councilmember Velick asked for funds to be reinstated for the postage for the Eliot neighborhood. Council agreed. Mr. Kusnetz also asked for postage to be reinstated for the Fern Hill neighborhood. Council agreed. St. Louis Park City Council Agenda Item: 050503 - 3b - Study Session Minutes of April 7, 2003 Page 2 of 3 Mayor Jacobs felt they should trust the committee to make grant recommendations. Councilmember Sanger would like to clarify the process going forward. Ms. McDonell suggested that any neighborhoods who had appeals of the funds granted be heard by the grant review committee. Council agreed that was a suitable process. Mr. Meyer reviewed the Council’s discussion remarking that two additional grant requests were approved and the process modified to allow any grant appeals to be reviewed by the grant review committee. Also, a meeting will be held in early 2004 with the neighborhoods to discuss the budget cuts. 2. Southwest Corner of Highway 7 and Louisiana Ave S Mr. Hunt gave an update on the two proposals from United Properties and the condition of the soil on the site. Mr. Harmening stated staff recommends the second scenario that would construct three single story buildings with a total of 15, 000 square feet. He mentioned another possibility would be to set aside the site until the market conditions change. Councilmember Santa stated that she did not like the idea of a drive through restaurant. Councilmember Sanger expressed her concerns regarding traffic in the area. Councilmember Brimeyer felt that the site had poor land but that if it were to be developed he would prefer the second scenario. Councilmembers Nelson, Santa and Velick agreed. Mr. Meyer reported that Hennepin County would not issue a tax abatement. Mayor Jacobs would like to pursue the second scenario as well. Mr. Harmening stated that he would pull together a development agreement. 3. Non-conformities Ms. Jeremiah updated the Council on the current legislation for bringing zoning non- conformities into compliance and how that is addressed in the city’s code. Mr. Scott discussed a law that was recently passed which allows non-conformities the right to continue. He further stated that there is not yet any case law that would give guidance as to whether our current ordinance requiring existing non-conformities to come into conformance would be upheld. He is concerned that it may not. Ms. Jeremiah asked for Council feedback on whether to continue enforcing non-conformities and perhaps risk a lawsuit or let the non-conformities continue. Councilmember Nelson felt that in some cases, making businesses comply could be viewed as oppressive. Councilmember Sanger suggested that since the changes in State laws, it may be in the city’s best interest to test the State law. Staff stated that there were three options: to enforce, not to enforce, or to find a compromise. Following discussion, council directed staff to seek compliance with the city’s current ordinance. 4. Elmwood Study Mr. Harmening reported on the two grant opportunities from Hennepin County and the Metropolitan Council. The grant from Hennepin County could possibly be used to enlarge water mains to accommodate future development. The Metropolitan Council grant would target barriers to redevelopment and could possibly be used for the Quadion site. Mr. Harmening inquired if Council would like to pursue these grants. Council briefly discussed concerns about St. Louis Park City Council Agenda Item: 050503 - 3b - Study Session Minutes of April 7, 2003 Page 3 of 3 the neighborhood's perception of such projects. Council directed staff to move forward with the grant application process. 5. Solid Waste Collection – Request for Proposal Mr. Rardin explained that staff is seeking Council input on the draft request for proposal that will be mailed out to two different haulers. He added that the goal was to enter into a contract that will bring greater response and service to the customers. Council discussed the current service and the response to missed garbage pick-ups. Councilmember Sanger felt the term plastic should be replaced with “biodegradable”. She also felt that special pick-ups for any reason should be paid for by residents as an extra service. Councilmember Nelson agreed. Mayor Jacobs said he was comfortable with the terms of the request for proposal and complimented staff on a job well done. Councilmember Santa agreed. Council felt the proposed timeline was appropriate. 6. Smoking Task Force Recommendation Mr. Hoffman reported that the MN Department of Health has just issued new rule amendments and the timing will work well with the task force recommendation of testing smoke levels and disclosing those results to employees and visitor’s. He stated that the main intent was educating the public and they will be dispensing information and receiving public input. He added that this process could be completed in two to three months and a final ordinance would be created after public feedback. Councilmember Sanger was concerned about providing enough opportunity for feedback from the public. 7. Adjournment The meeting was adjourned at 11:00 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 050503 - 4a - Continuance of Walser Ford Appeal Page 1 of 1 4a. Case No. 03-01-VAR: Walser Ford. Motion to approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the May 19, 2003 City Council meeting. Background: On September 2, 2002, Walser Ford submitted a sign application to replace an existing sign structure with a new sign that reflected the new Ford image. The permit was denied, because the signage on the property is currently non-conforming with the sign ordinance, (1,250 square feet existing - 400 square feet allowed). The sign permit could be re-applied for, and approved, if the signage on the site was brought into compliance with today's code. The property owner requested a variance to allow 759 square feet of signage. (359 square feet over the maximum 400 sq ft allowed.). That application was heard at the March 27, 2003 Board of Zoning Appeals meeting, where it was denied on a 3-1 vote. The applicant submitted an appeal request and a public hearing on the appeal application was held before the Council at the April 21, 2003 meeting. After opening the public hearing and discussing the application, the Council voted to continue consideration for two weeks. Request: Attached is a letter from Walser requesting a continuance of their application for an appeal to the May 19, 2003 Council meeting. It is their intent to work with staff to find a permanent solution to their signage. Attachments: April 25, 2003 letter from Don Schilling, Director of Facilities Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 1 of 7 4b. Motion to adopt resolution approving Employee Programs: Retirement Incentive, Voluntary Leave without Pay and Request for Reduction of Work Hours. Background: On April 21 Study Session, the Council discussed 3 new programs in the area of staffing to help with budget reduction: • Early Retirement Incentive • Voluntary Leave Without Pay Program • Reduction of Work Hours Request After the discussion, the Council asked staff to put the 3 programs on the agenda for formal approval. This document provides a summary of each program, and a resolution approving all 3. Early Retirement Incentive Due to budget reductions, we need to cut back on expenditures. Part of the overall budget plan is to reduce the level of staffing. In order to help with staff reduction, adoption of an Early Retirement Incentive Program is proposed. The program is developed as an incentive to assist employees who want to retire and save the City money by reducing salary costs. By offering this program we hope employees who are already eligible to retire do so in order to avoid laying off other employees. This program will offer a very short-term opportunity for eligible employees to retire with some extra money. Costs associated with this incentive program will be paid for through salary funds in the departmental budget. If all employees who are eligible for this program retired by August 31, 2003, the maximum anticipated cost for this program is $360,000. Voluntary Leave without Pay Program The Voluntary Leave without Pay Program is the second program proposed to reduce staffing costs by allowing employees to take leave without pay up to 12 weeks per calendar year. The City will benefit in offering this program by preserving budgeted salary costs for those who are on leave without pay. We expect varied use of this program based on departmental staffing needs and individual’s ability to afford to take leave without pay. The program expires year end 2004. The additional cost to this program is the continued accrual of flex leave during the first 30 days of unpaid leave. St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 2 of 7 Reduction of Work Hours Request Our third program is an opportunity for employees to request a reduction in their regular set scheduled hours of work. The purpose of this program is to help reduce staffing costs by moving from the need to fund a position full time to part time status. Department Heads will need to review each request carefully to determine if they are able to reduce a full time position to part time status due to staffing needs and service delivery. Approvals to schedule change may be temporary or permanent, based on department staffing needs. Work schedule changes will not be granted if it does not reduce overall staffing costs or increase efficiencies. Recommendation: Based on the need to lower staffing costs, staff recommends that Council adopt the resolution approving implementation of the 3 programs, and approving funding for such programs. Funds for all programs will come directly from staff reduction in positions and/or work hours. Attachments: Early Retirement Incentive Program Voluntary Leave Without Pay Program Reduction of Work Hours Request Resolution Prepared by: Nancy Gohman, Human Resources Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 3 of 7 Early Retirement Incentive Program Business needs require us to continually evaluate the effectiveness of our organizational structure. The City anticipates a cut back in funding and will need to reduce costs and maximize our effectiveness and efficiencies. This Early Retirement Incentive program is developed as an incentive to assist employees who want to retire and save the City money by reducing salary costs. Retirement Incentive A. If an employee voluntarily elects to participate in this program, and retires on or before August 31, 2003, they will receive the following: • The City will contribute up to $550 per month towards the purchase of the employee elected medical, dental and life insurance through the plans offered by the City; from the date of retirement through December 31, 2004, and • The city will offer an open enrollment period allowing employees who participate in this program and retire on or before August 31, 2003 to change their medical and dental benefits as needed to assist them in this retirement program, and • 12 weeks (480 hours) of additional severance pay. B. If an employee voluntarily elects to participate in this program, and retires after August 31, 2003, or on or before January 23, 2004 they will receive the following: • The City will contribute up to $550 per month towards the purchase of the employee elected medical, dental and life insurance through the plans offered by the City; from the date of retirement through December 31, 2004, and • 8 weeks (320 hours) of additional severance pay. There are many details to this voluntary plan, so please read carefully. The first step is to determine whether you are eligible for the program. Eligibility requirements: 1. Must be eligible for a full or reduced pension through PERA in 2003 and 2. Are a benefit earning employee as determined by the City Manager, and 3. Are in a position that is eligible for this program. Program application: • You will have from Wednesday May 7, 2003 through noon Monday June 16th, 2003 to decide whether or not to apply for this program. Early retirement incentive application packets are available in Human Resources. St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 4 of 7 • Employees eligible for this incentive must retire between May 7, 2003 and January 23, 2004. Once your application package is approved, the retirement date cannot be extended or withdrawn, it must be taken on the date you selected or sooner. • All Early Retirement Incentive Program applications must be submitted in writing to Human Resources no later than noon on Monday June 16th, 2003. We will, however, appreciate learning of your decision as soon as it has been reached. Positions eligible, positions excluded: • This offer is available to City of St. Louis Park benefit earning employees as determined by the City Manager. Due to staffing restrictions the following positions are excluded from this program: Sworn positions including but not limited to: Police Chief, Police Captain, Sergeant, Support Services Agent, Police Patrol Officer, Fire Chief, Battalion Chief, Fire Lieutenant and Firefighter. Other considerations: • To accept this offer, you must sign a release agreement acceptable to the city, waiving your right to pursue any legal claim against the City of St. Louis Park, its employees and officers. • Consideration of this offer and acceptance are strictly voluntary. • All payments made are subject to customary payroll deductions. • This incentive program is offered in addition to the normal benefits granted to a retiring employee. • Program application forms must be completed and submitted within the timeframe set for the program. • The City reserves the right to decline any employee’s request for the early retirement incentive program based on the number of requests we receive, an employee’s critical skills, or business need. • The City Manager has the authority to implement a post retirement savings plan to be used exclusively for those that meet the eligibility and participate in this program. Program design and implementation is at the discretion of the City Manager, and will be no additional cost to the City. • Employees who separate employment under this program cannot be rehired while collecting benefits under this program or later, as a benefit-earning employee. • Contact your union business agent or Human Resources if you have questions. St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 5 of 7 Voluntary Leave without Pay Program Purpose: Business needs require us to continually evaluate the effectiveness of our organizational structure. The City anticipates a cut back in funding and will need to reduce costs and maximize our effectiveness and efficiencies. This voluntary leave program will help reduce staffing costs and provide flexibility for our employee’s personal needs. Who: Open to all regular benefit earning full-time and part-time employees of the City as determined by the City Manager. This program cannot be used if worker’s compensation is being utilized. The City Manager reserves the right to determine staffing needs, work schedules, etc. as stated in Section 1.10 of the Personnel Manual and labor agreements. Program Criteria: • Maximum Leave: 12 forty-hour workweeks or 480 hours per calendar year, based on City Manager’s approval. • Minimum Leave: 1 workday (8 hours). • Advance notice: minimum 48 hours notice needed to Supervisor. • Approval: Request must be made on attached form to employee’s Supervisor and Department Director, who may recommend approval or denial. All requests are then forwarded to City Manager for final determination. Approvals are not guaranteed and are subject to review based on City and departmental needs as deemed necessary by the Department Director and/or the City Manager. • Employee Benefits: No loss of benefit which includes health, life and/or dental for the first 30 calendar days. No loss of seniority. • Flex leave will continue to accrue on leave without pay under this program for a maximum of thirty calendar days. After 30 days (30 consecutive calendar days or 30 intermittent days), no flex leave will accrue on leave without pay. • If your Leave without Pay also qualifies you for Family and Medical Leave, the City will require that you use them concurrently. See Human Resources for more details. • This program expires 12/31/04. St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 6 of 7 Reduction of Work Hours Request Purpose: Business needs require us to continually evaluate the effectiveness of our organizational structure. The City anticipates a cut back in funding and will need to reduce costs and maximize our effectiveness and efficiencies. This program would allow employees to request a change to reduce their regular set scheduled hours. Who: Open to all regular benefit earning full-time and part-time employees of the City, as determined by the City Manager. The City Manager reserves the right to determine staffing needs, work schedules, etc. as stated in Section 1.10 of the Personnel manual and labor agreements. Program Criteria: • Request: Must be submitted at least 40 hours (5 workdays) before requested change timeframe. • Approval: Request must be made on attached form to employee’s Supervisor and Department Director, who may recommend approval or denial. All requests are then forwarded to the City Manager for final determination. Approvals are not guaranteed and are subject to review based on City and departmental needs as deemed necessary by the Department Director and/or the City Manager. The City Manager is the final authority in approving this request. • Employee Benefits: The City contribution to benefit and leave accruals may change if your work schedule is reduced in accordance with policy. Please contact Human Resources for details. • The reduction of hours, if approved, must result in an overall reduced staffing and benefit cost to the City. St. Louis Park City Council Agenda Item: 050503 - 4b - 2004 Budget and Employee Programs Page 7 of 7 RESOLUTION NO. 03-048 RESOLUTION ADOPTING AND APPROVING EXPENDITURES OF FUNDS FOR EARLY RETIREMENT INCENTIVE PROGRAM; VOLUNTARY LEAVE WITHOUT PAY PROGRAM AND SUPPORT OF REDUCTION OF WORK HOURS WHEREAS, the City needs to cut back on expenditures as part of the overall budget plan; and part of the plan is to reduce the levels of staffing; and WHEREAS, the City wishes to reduce staffing costs by offering a number of programs to help lower costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City Council adopts three programs to help with budget reduction: Early Retirement Incentive, Voluntary Leave Without Pay Program and Reduction of Work Hours Request; and LET IT BE FURTHER RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Council hereby adopts and approves funding for such programs and authorizes the City Manager to develop procedures and implement programs in the best interest of the City to reduce staffing costs. Also that the City Manager has the authority to implement a post retirement savings plan to be used exclusively for those that meet the eligibility and participate in this Early Retirement Incentive Program with no additional cost to the City. Reviewed for Administration: Adopted by the City Council May 5, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 050503 - 4c - Housing Summit Steering Committee Appointments Page 1 of 1 4c. Motion to Appoint Three Councilmembers to Serve on Housing Summit Steering Committee Background: At the April 28, 2003 City Council Study Session, Council discussed naming three Councilmembers to serve as representatives on the Housing Summit Steering Committee. The three Councilmembers identified to serve on the Steering Committee are Councilmember Brimeyer, Councilmember Sanger and Councilmember Santa. This action is intended to formalize the appointment of the Councilmembers to the Housing Summit Steering Committee. Listed below is a tentative outline of housing topics identified for further discussion and a preliminary schedule for future Steering Committee and “all participant” meetings. June: Steering Committee Current Housing Production Goals Housing Types - Multi-Family/Single-Family Housing Ownership/Rental Ratio Related Land Use Issues July: Steering Committee Condition of Existing Housing Stock Housing Preservation Move-Up Housing September: All Participants Check-in/Progress Review October: Steering Committee Affordable/Workforce/Transitional Housing November: Steering Committee Senior Housing Issues Other Issues/Overflow Discussion January: All Participants Check-in/Progress Review February: Steering Committee Review/Consider revisions to goals/policies/strategies March: All Participant Summary/Review proposed changes to goals/policies/strategies Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Tom Harmening, Director of Community Development Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 050503 - 4d - Alley Paving, Salem-Toledo 2900 block Page 1 of 5 4d. City Engineer’s Report: Alley Paving – 2900 block between Salem and Toledo Avenues – Motion to adopt the attached resolution that accepts this report, establishes this Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of June 2, 2003. Background: On July 19, 2002, property owners in the 2900 block between Salem Avenue and Toledo Avenue submitted a petition to the City requesting that the alley be paved in accordance with the City’s standard for alleys. The City’s policy states that at least 51% of the front footage abutting an alley must sign the petition. Although the original petition was signed by enough property owners’ front footage (51.37%) to advance the project in accordance with the City’s policy, concerns were expressed that the majority of residents did not support it. Since receipt of the original petition, staff has received additional petition forms signed by residents. Now, 54.6% of the residential property owners’ front footage have signed the petition. The total signatures of all property owners’ front footage, including the church, is 65.4%. City Alley Paving Special Assessment Policy: The City’s Alley Paving Special Assessment Policy is as follows: A. The cost of alley improvements for residential properties shall be assessed as follows when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if, no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. Discussion: The City’s standard design for alley paving includes six (6)-inch thick concrete pavement, 10 feet in width, with driveway apron connections between the paved alley and abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility of the property owner. In accordance with City practice, the driveway connections will match existing materials and grades. Pavement grades will be established to provide positive drainage without requiring storm sewer construction. St. Louis Park City Council Agenda Item: 050503 - 4d - Alley Paving, Salem-Toledo 2900 block Page 2 of 5 In previous discussions with property owners, concerns were raised over poor drainage in the T-portion of the alley. Staff has designed the alley without the need for additional storm sewer, but will explore this issue further with property owners at the informational meeting. Storm sewer costs are not included in the financial information below. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. Estimated assessments and an estimated payment schedule have been attached for informational purposes. A summary of the estimated costs and proposed assessments, based upon the City’s Assessment Policy for alley improvements is as follows: Estimated Costs: Construction Costs $ 45,110 Contingency $ 9,022 Subtotal $ 54,132 Engineering & Administrative (12%) $ 6,496 Subtotal $ 60,628 Interest $ 5,456 TOTAL $ 66,084 Revenue Sources: Special Assessments $ 66,084 Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council May 5, 2003 • Staff holds informational meeting with residents May 21, 2003 • City Council holds Public Hearing & Assessment Hearing June 2, 2003 • Advertise for bids June 2003 • Bid Opening June 26, 2003 • End of 30 Day Appeal on Assessments July 2, 2003 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals July 7, 2003 • Construction July/August 2003 At the April 21, 2003 meeting, the City Council approved setting a public hearing for the construction of an alley in the 2700 block of Raleigh & Salem Avenues. Since these projects are close to each other and are following similar time lines, staff will attempt to bid the construction of both alleys together as one project in the hopes of getting lower costs. The timeline outlined above fits this schedule. Feasibility: The project, as proposed herein, is cost-effective and feasible under the conditions noted and at the costs estimated. Public Involvement Process: Staff will schedule an informational meeting for May, prior to the Public Hearing/Assessment Hearing, to inform residents of the process and to St. Louis Park City Council Agenda Item: 050503 - 4d - Alley Paving, Salem-Toledo 2900 block Page 3 of 5 review the preliminary plans. The Council will be notified of the meeting place and time. Once the project is awarded, staff will schedule another meeting with the affected property owners to discuss the construction schedule. Attachments: Resolution Property owner list with estimated assessments Prepared by: Carlton Moore, Eng. Program Manager Maria Hagen, City Engineer Reviewed by: Michael P. Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 050503 - 4d - Alley Paving, Salem-Toledo 2900 block Page 4 of 5 RESOLUTION NO. 03-049 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AN ALLEY IMPROVEMENT PROJECT, DIRECTING STAFF TO SPONSOR AN INFORMATIONAL MEETING, AND SETTING A PUBLIC HEARING AND ASSESSMENT HEARING DATE OF JUNE 2, 2003 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the alley paving in the 2900 block between Salem and Toledo Avenues, north of Minnetonka Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the alley paving in the 2900 block between Salem and Toledo Avenues is hereby accepted. 2. This proposed alley paving improvement project is hereby established. 3. An improvement hearing and an assessment hearing is scheduled to be held on June 2, 2003 for affected property owners. 4. Staff is authorized to hold a neighborhood meeting for those owners. Reviewed for Administration: Adopted by the City Council May 5, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 050503 - 4d - Alley Paving, Salem-Toledo 2900 block Page 5 of 5 PROPOSED ALLEY PAVING 2900 BLOCK SALEM/TOLEDO AVENUES April 2003Estimated Cost: $66,00070% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) (A) Direct Benefit: 937 total footage and $49.30 per front foot(B) Indirect Benefit: 1137 total footage and $17.41 per front foot. total $66,000.00direct$46,200.00 indirect $19,800.00 ********* Indirect ******************** Direct **********Total Indirect Direct Direct &Address Ind feet % Indirect Allocation Dir feet % Direct Allocation Indirect2901 Toledo Ave S 80 7.04 $1,393 80 8.54 $3,945 $5,338 2909 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2913 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2917 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2921 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2925 Toledo Ave S 80 7.04 $1,393 80 8.54 $3,945 $5,338 2933 Toledo Ave S 50 4.40 $871 50 5.34 $2,465 $3,336 2939 Toledo Ave S 63 5.54 $1,097 63 6.72 $3,106 $4,203 2900 Salem Ave. S 40 3.52 $697 0 0.00 $0 $697 2904 Salem Ave. S 40 3.52 $697 40 4.27 $1,972 $2,669 2908 Salem Ave. S.40 3.52 $697 40 4.27 $1,972 $2,669 2916 Salem Ave. S.100 8.80 $1,741 0 0.00 $0 $1,741 2922 Salem Ave. S.60 5.28 $1,045 0 0.00 $0 $1,045 2930 Salem Ave. S.60 5.28 $1,045 60 6.40 $2,958 $4,003 2934 Salem Ave. S.50 4.40 $871 50 5.34 $2,465 $3,336 2940 Salem Ave. S.43 3.78 $749 43 4.59 $2,120 $2,869 5224 Minnetonka Bld 271 23.83 $4,719 271 28.92 $13,362 $18,081 total 1137 19800 937 $46,200 $66,000 St. Louis Park City Council Agenda Item: 050503 - 4e - Planning Commission Minutes of April 2, 2003 Page 1 of 4 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 2, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: John Basill, Phillip Finkelstein, Ken Gothberg, Dennis Morris, Carl Robertson MEMBERS ABSENT: Michelle Bissonnette, Jerry Timian STAFF PRESENT: Julie Grove, Janet Jeremiah, Nancy Sells 1. Call to order - Roll Call Chair Robertson called the meeting to order at 6:00 p.m. 2. Approval of Minutes of March 12, 2003 and March 19, 2003 Commissioner Gothberg moved approval of the minutes of March 12, 2003 and March 19, 2003. The motion passed 5-0. 3. Hearings: A. Case Nos. 03-12-S and 03-13-VAR – Request by B.J. Wilmot, LLC for Preliminary and Final plat approval with a Variance to the subdivision ordinance to exclude sidewalks for construction of a single family home at 2223 & 2229 France Ave. S. Associate Planner Julie Grove presented a staff report regarding the B.J. Wilmot, LLC request. Ms. Grove distributed a memorandum to the Planning Commission regarding the sidewalk variance for the proposed plat, dated April 2, 2003. The memo stated that the Public Works Director doesn’t believe a sidewalk is needed on the east side of France Ave. since the City is pursuing sidewalk on the west side. Staff recommends approval of the preliminary and final plat subject to conditions; staff recommends denial of the variance to the sidewalk requirements. Commissioner Gothberg asked if anyone could predict where curbs and gutters would be located if and when the dilapidated portion of the road near the applicant’s property is updated. Planning and Zoning Supervisor Janet Jeremiah said the Public Works Department has reviewed the plans and did not indicate any imminent expansion plans that would effect this design, however, the issue will be raised again before it goes to the City Council. St. Louis Park City Council Agenda Item: 050503 - 4e - Planning Commission Minutes of April 2, 2003 Page 2 of 4 Commissioner Morris remarked that France Avenue is currently a county road, and there are negotiations to return France Avenue to local authority. Commissioner Finkelstein asked what the outcome would be for the applicant if the sidewalk variance was denied. Ms. Jeremiah responded that if the variance is denied, the applicant would be required to install the sidewalk unless there was an ordinance amendment and change in the Comprehensive Plan policies. Chair Robertson asked if the City would actively pursue a sidewalk on the west side of France Avenue. Ms. Jeremiah said, from a long-term perspective, the City would like to see sidewalks on both sides of all streets, whether the current priority is for the east or west side is not pertinent to the variance case because it does not impact the hardship findings or the Comprehensive Plan requirements. Chair Robertson opened the public hearing. Applicant Austin Cargill, 2741 Thomas Avenue South, is the owner of the holding company for B.J. Wilmot, LLC. Mr. and Mrs. Cargill are taking an already subdivided property inside a neighborhood that has been fully developed for many years, and they desire to build one house. Mr. Cargill stated that the current regulations are somewhat of a mismatch for their situation. He complimented Ms. Grove for her help in working through the regulations and issues associated with his request. In regard to sidewalks, Mr. Cargill said, in this area, there are no sidewalks for several blocks around his property. Mr. Cargill stated that if the City had a complete plan in place for sidewalks in that area, he would be glad to pay his fair share of the burden to build those sidewalks, assessments, etc. He added, unconnected sidewalks do little good. Mr. Cargill respectfully requests a variance be approved. Commissioner Finkelstein asked what would happen in the future if the variance were approved and then the City wanted to build the sidewalk? He added, could other property owners also be approved for variances? Ms. Jeremiah responded that a variance tends to run with the land unless there is a provision regarding its expiration, therefore, it may be in the City’s best interest to place a condition on the variance that a sidewalk could be required and assessed in the future as part of a broader project. Chair Robertson closed the public hearing. Commissioner Morris said Mr. Cargill has a good point—it does not make sense to do a sidewalk in the middle of a subdivision that is not connected to anything else. In regard to the findings for the variance, Commissioner Morris stated that the applicant has met three of the four findings. He thinks item 2, that the St. Louis Park City Council Agenda Item: 050503 - 4e - Planning Commission Minutes of April 2, 2003 Page 3 of 4 granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated, is well met by the applicant; item 3, that the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc., an extreme physical hardship can’t be identified, but, he said, much information on plans for the future is unavailable; and item 1, that there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land, many individuals recognize that this area is in flux. Commissioner Morris is in favor of granting the variance but he would stipulate that if the variance is granted, it is merely for the purpose of the construction permits to be issued, and the variance is not grandfathered in with the land; and that it is subject to any future development proposals by the City for installation of sidewalks and trails. Commissioner Gothberg said the City needs to put in a complete sidewalk system. He favors granting a variance to put in a sidewalk at this time—the hardship is not knowing where the sidewalk should lie due to anticipated changes on France Avenue. Commissioner Finkelstein would like to add that Mr. Cargill’s property be part of the Comprehensive sidewalk Plan and he asked if that could be added. Commissioner Basill thinks recommending a variance with conditions would make the most sense, however, the variance would need to be clear. Chair Robertson said there is much uncertainty in regard to this area, however, he tends to favor a variance but he would like the variance to stipulate that the variance does not negate or free the property owners from a future assessment. It was moved by Commissioner Morris to recommend approval of the preliminary and final plat and variance for B.J. Wilmot, subject to the conditions as recommended by staff—provided the recommendations be amended to recommend approval of the variance provided the sidewalk variance is merely for the issuance of the permit for the construction of the new property and will not run with the property as a future variance and, at some future point, the property owner will have to adhere to the park and trail and sidewalk plans. Commissioner Finkelstein asked if the variance could be made conditional upon the parties stipulating that they will be part of the sidewalk plan. Commissioner Gothberg said, per Commissioner Morris’ wording, the variance does not run with the property. St. Louis Park City Council Agenda Item: 050503 - 4e - Planning Commission Minutes of April 2, 2003 Page 4 of 4 Chair Robertson added that perhaps the motion should state that the City Attorney shall review the Planning Commission’s recommendation prior to this item going to the City Council. Commissioner Morris said he accepts both of the friendly amendments. The motion passed 5-0. 4. Unfinished Business: None 5. New Business: None A. Consent Agenda B. Other New Business 6. Communications A. Future agendas and planning application spreadsheet Chair Robertson thanked staff for providing future agendas and spreadsheet. 7. Miscellaneous: None 8. Adjournment Chair Robertson adjourned the meeting at 6:47 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 1 of 7 MINUTES FEBRUARY 27, 2003 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, February 27, 2003 at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Chair James Gainsley Vice Chair Susan Bloyer Commissioner Ryan Burt Commissioner Tom Powers (arrived at 7:05 p.m.) Members Absent: Commissioner Paul Roberts Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Chair Gainsley called the regular meeting to order at 7:01p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Bloyer, seconded by Commissioner Burt, to approve the following minutes as presented. 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated December 3, 2002. Motion by Commissioner Bloyer, seconded by Commissioner Burt, to approve the following minutes as presented. 2) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated January 23, 2003. Motion Carried. Voting Yes: Gainsley, Bloyer and Burt. Voting No: None. 3. CONSENT AGENDA None St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 2 of 7 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 03-01-VAR – The request of Walser Ford for a variance from the requirements of Section 36-362(f)(20) of the Ordinance Code relating to zoning to permit 759 square feet of sign area instead of the required maximum of 400 square feet for property located in the “C-2” General Commercial District at 3555 S. Highway 100. Mr. Morrison stated that staff has received another letter from Walser Ford requesting a continuation of the public hearing until March 27, 2003. Motion by Commissioner Bloyer, seconded by Commissioner Burt that Walser Ford continues the public hearing until March 27, 2003. Motion carried. Voting Yes: Gainsley, Bloyer and Burt. Voting No: None. B. Case No. 03-09-VAR – The request of Naomi Pitterman for variances from the requirements of Section 36-165(f)(12) of the Ordinance Code relating to zoning to permit parking in the required rear yard open space, and from the requirements of Section 36-361(b)(3)l to permit an 4.5 foot setback instead of the required 9 foot side yard abutting a street for one parking space for a new single-family residence with accessory Mikvah pool for property located in the “R-2” Single Family Residential District at 4624 Minnetonka Boulevard. Mr. Morrison presented the report and concluded that all 7 of 7 criterion have been satisfied for the proposed variances, the following is recommended for the property located in the “R-2” District at 4624 Minnetonka Boulevard: 1. The request for a variance from the requirements of Section 36-361(F)(12) of the Ordinance code relating to zoning to allow parking in the required rear yard open space requirements be approved. 2. The request for a variance from Section 36-361(B)(3)l of the Ordinance code relating to zoning to allow an 4.5 foot setback instead of the required 9 foot side yard setback for one parking space be approved. Based upon the findings in the report, and subject to the condition that the variance shall become null and void and the parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use terminates at this property. Commissioner Bloyer asked staff what the setback is on the existing building. Mr. Morrison stated that the existing building setback is approximately 10 feet. Commissioner Bloyer asked staff if the proposed second floor living area were unoccupied would it still be in compliance with city code? St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 3 of 7 Mr. Morrison stated that there are two requirements for parking on this property. The first requirement is that two dedicated parking spaces are needed for the primary residence which are located in the garage and the second requirement is a third parking space for the Mikvah which will be located on the driveway. Commissioner Bloyer asked staff if the proposed second floor living space was not occupied but is still operating as a Mikvah would the parking requirements be the same? Mr. Morrison stated that the Mikvah has to be an accessory to the residency, which will be located on the second floor. Chair Gainsley asked staff to clarify the recommended condition that the variance shall become null and void and the parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use terminates at this property. Mr. Morrison stated that if the Mikvah were to cease the house would more than likely be removed and the property would probably be redeveloped since the main floor is built to accommodate the Mikvah. Chair Gainsley asked staff who would be responsible for the removal of the house if the Mikvah were to cease? Mr. Morrison stated the house is built as a Mikvah, which will always be an accessory to the residential as long as the building is standing so the three parking space requirement will always be with the property. Chair Gainsley asked staff if the City would have some way of knowing if the Mikvah is being utilized? Mr. Morrison stated that the usage of the Mikvah really isn’t an issue. However, the physical condition that the Mikvah is there as an accessory use to the residence is a issue. Commissioner Burt asked staff if a residential home is allowed to paint a basketball court onto the driveway and consider that to be allowable. Mr. Morrison stated that is allowable on residential property except that parking vehicles on the required open space is not allowable that is why a variance is being requested. Commissioner Burt stated that the Mikvah use is classified as acceptable in this zoning area as an accessory, what is the definition that constitutes accessory use? Mr. Morrison stated that an accessory use is the use that is less intensive then the primary, which in this case we look at the square footage. In order for the residents to be primary the majority of St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 4 of 7 the square footage of the building has to be dedicated to the resident which does apply with this applicant. Also, parking, traffic generated. Mr. Morrison stated that several years ago this property approach us with a Comprehensive Plan amendment to allow Mikvahs in the residential districts as a primary use which was later denied. At that time the ordinance was then changed to allow Mikvahs as a accessory use with the condition of three parking spaces. Chair Gainsley asked staff why the Comprehensive Plan amendment was denied? Mr. Morrison stated he believed the city wanted to preserve the residential character of the neighborhood and also there may have been a concern with a Mikvah without the residents occupying the home might bring in a commercial hint to the neighborhood even though a Mikvah is not characterized as having a lot of traffic volume but would essential be a empty vacate building during the day and this way we can have the property being used as a single family home. Commissioner Powers asked staff if the basketball court is being painted to met the open space requirements? Mr. Morrison stated that is correct the open space must be used for recreational purposes. Commissioner Powers stated he does have concern that allowing the basketball court to be used as open space may set precedence for others. Also, the volume of vehicles and parking draws a concern. Mr. Morrison stated that the applicant would speak during the public hearing to help us understand the volume and parking concerns. With no more questions, Chair Gainsley opened the public hearing. Naomi Pitterman, representing the owner, the Ritualarium Society of Minneapolis stated that the primary usage of a Mikvah is by woman once a month in the evening after sundown. This is a very private moment for woman so you will never see socializing outside in addition the parking usage will be fairly quick in and out and typically never more then three cars. In addition, the existing home will be removed and replaced with a two-story principal structure with a small basement and a detached 2-car garage. Commissioner Burt asked Ms. Pitterman if the proposed second floor living space will be rental? Ms. Pitterman stated the second floor would be rented to a tenant whom will oversee the entire Mikvah. This individual will not have guests during the hours of operation. St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 5 of 7 Chair Gainsley asked staff if adding a basement onto to the already submitted plans and staff report will cause any changes to staff’s recommendation? Mr. Morrison stated that adding a basement would not cause any changes to staff’s recommendation, staff looks at the total area of square footage so that majority of the area is dedicated to the residents. Sandra Uri, resident at 2928 Monterey Avenue South and a representative of the Monterey Park Townhouse Association, she stated that she is in attendance to relay the Board of Zoning Appeals decision to the town home residents. Chair Gainsley asked Ms. Uri if she is in favor of the board granting this variance? Ms. Uri stated she is in favor if all is true regarding the Mikvah proposal she is in favor. Andrew Brennor, 2934 Natchez Avenue South, stated he and several of his neighbors whom live across the street from this property are very pleased to see interest in cleaning and remodeling of the present structure since this home has been in despair for some time. In addition, he feels that this property will increase the neighborhood property values and feels that the Jewish community members being able to walk to a place of community religious is nice and convenient. However, he does hope the building will be continually maintained and would like to point out that he does not like the building esthetics which are being proposed. With no more questions, Chair Gainsley closed the public hearing. Commissioner Bloyer stated she agrees with staff findings but feels that this proposal may be a heavy use for this property and would like to point out that this is a substandard corner sized lot. Chair Gainsley stated he feels this proposal will enhance the community, it’s traditional, gives St. Louis Park class and it is very important to the jewish community and is in favor of granting this variance. Commissioner Powers asked staff if limitations could be added to this use with regards to individual parking on a dual propose parking lot and if staff can find a way to write a definition for use of open space with parking that would just limit it to a central community service whether it is public or private. Commissioner Burt stated he agrees with staff’s findings but does have concern regarding the residential property being unattended if the Mikvah were no longer used. Motion by Commission Bloyer, seconded by Commissioner Powers that the variances be granted to allow an 8.5 foot setback instead of the required 9 foot side yard setback for one parking space and to allow parking in the required rear yard open space be approved based upon the findings in the report, and subject to the conditions that the variance shall become null and void and the St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 6 of 7 parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use terminates at this property. Mr. Morrison stated that a typing error was made in the report so instead of the applicant asking for an 8.5-foot setback it should be changed to 4.5-foot setback. Commissioner Bloyer asked staff if the 4.5-foot setback be exclusively for the parking space and not for the building? Mr. Morrison stated that the setback is exclusively for parking of one vehicle. Commissioner Bloyer stated she would like to amend the previous motion to a 4.5-foot setback but also to add an additional condition to the variance stating that the setback of 4.5 feet is exclusively for the one parking space. Chair Gainsley asked staff if the public hearing was advertised as 8.5-foot setback or 4.5 foot setback? Mr. Morrison stated that an 8.5-foot setback was advertised. However, the publication does not null and void the proceedings of the hearing, City Ordinance and State Statute state that errors in the public hearing notice do not null and void the proceedings which was also verified by the City Attorney. Chair Gainsley stated the he would like the Commissioner’s to make another motion on this variance but would like to subject the vote on the opinion of the City Attorney as to whether publishing a incorrect variance is allowable. Mr. Morrison stated he would speak to Mr. Tom Scott to verify. Commissioner Burt stated he would like to add to the amended motion that in order for acceptance the open space variance shall become null and void and the parking spaces required for the Mikvah shall become converted into open space and the paving be removed. Mr. Morrison stated that Commissioner Burt’s amended motion would be added to the resolution. Commissioner Burt stated that this would allay the fear of people continuing to park in the basketball court. Chair Gainsley stated there would be two additional amendments added to staff’s recommendation which are to change the 8.5 foot setback to 4.5 foot setback and to protect the open space. St. Louis Park City Council Agenda Item: 050503 - 4f - BOZA Minutes of February 27, 2003 Page 7 of 7 Motion by Commission Powers, seconded by Commissioner Bloyer that the amendment to change the 8.5-foot setback to a 4.5-foot setback instead of the required 9-foot side yard setback for one parking space. Motion by Commission Powers, seconded by Commissioner Bloyer that the amendment to change the open space variance shall become null and void and the parking spaces required for the Mikvah shall become converted into open space and the paving be removed. Motion by Commission Bloyer, seconded by Commissioner Powers that the variances be granted to allow an 4.5 foot setback instead of the required 9 foot side yard setback for one parking space and to allow parking in the required rear yard open space be approved based upon the findings in the report, and subject to the conditions that the variance shall become null and void and the parking spaces required for the Mikvah shall be converted to open space only if the Mikvah use terminates at this property. Motion carried. Voting Yes: Gainsley, Bloyer, Burt and Powers. Voting No: None. 5. Old Business: None 6. New Business: None 7. Communications: Commissioners have reviewed the St. Louis Park City Council Rules and Procedures and had no comments. Chair Gainsley stated he would and the Commissioners would like to receive a handout Sturgis Standard Code of Parliamentary Procedure. 8. Miscellaneous: None 9. Adjournment: Commissioner Bloyer moved and Commissioner Powers seconded the motion for adjournment. The regular meeting of the Board of Zoning Appeals adjourned at 8 :50 p.m. Respectfully Submitted, Tara Olson, Community Development Secretary St. Louis Park City Council Agenda Item: 050503 - 4g - Charter Commission Minutes of January 8, 2003 Page 1 of 5 MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA January 8, 2003 St. Louis Park Police Station, Conference Room I. Call to Order Chair Carver called the meeting to order at 7:07 p.m. Introductions and Attendance On November 1, 2002, Chief Judge Kevin S. Burke appointed Michelle Geo Olmstead to the Charter Commission. Commissioner Olmstead’s term shall expire on October 18, 2006. The Charter Commission welcomed Commissioner Olmstead. It was moved by Commissioner Jennings, seconded by Commissioner Hoeft, to excuse the absence of the following member: Brian Fiderlein. The motion passed 12-0. A. Members Present: Paul Carver, Michael Sixel, Carol Walsh, Cynthia Ahrens, Cheryl Ernst, Marilyn Hoeft, Linda Jennings, David Johnson, Janice Loftus, Michelle Olmstead, David Ornstein, and James Schaefer. B. Members Excused: Nathan Busch, Brian Fiderlein. C. Members Unexcused: None. D. Staff Present: Deputy City Manager Clint Pires; St. Louis Park League of Women Voters Celia Andersen; and Recording Secretary Linda Samson. E. Guest Present: David J. Kennedy of Kennedy & Graven, Chartered. F. Vacancies: One. II. Approval of Minutes of October 9, 2002 Correction: From Commissioner Loftus: Item VI, Paragraph 1, immediately following reported that she add and Commissioners Jennings and Walsh. It was moved by Commissioner Ahrens, seconded by Commissioner Loftus, to approve the minutes of October 9, 2002 as amended. The motion passed 11-0-1. (Commissioner Jennings abstained). St. Louis Park City Council Agenda Item: 050503 - 4g - Charter Commission Minutes of January 8, 2003 Page 2 of 5 III. Commission Appointment Status Deputy City Manager Clint Pires reported that Chris Johnson is no longer eligible to serve on the St. Louis Park Charter Commission because he no longer resides in St. Louis Park. IV. 2004 Charter Celebration/Civic Education Opportunities: Guest Speaker and Committee Update David J. Kennedy accepted the Charter Commission’s invitation to offer his perspectives on the 50th anniversary celebration of the City’s Charter to be commemorated in 2004. Mr. Kennedy stated that he is not aware of any other past Charter celebrations, however, he suggested the League of Minnesota Cities would be a good resource. Mr. Kennedy said it would be worthwhile to ask: What is a charter all about? According to Mr. Kennedy, it would be helpful if the charter celebration were connected with other civic celebrations. He recommended focusing on the Charter as an educational tool, and talking to schools now (e.g., schedule courses about local government and the Charter). Mr. Kennedy said it would be helpful to educate students by expanding their understanding of government. Commissioner Loftus suggested an exhibit of the Charter be displayed in a highly visible place, discussed on a cable television program, and/or placed in community education classrooms. She also suggested recognition of past business and civic leaders. Commissioner Ornstein said there is a need to educate people on the Charter. Chair Carver said perhaps people may be asked to respond to questions such as: What does the City do in your everyday life? Chair Carver suggested a brainstorming session to think about how the City has changed in 50 years; how the City is run; and a list of predecessors and their accomplishments, in other words, those who have made the City what it is today. Commissioner Loftus favors education in schools on local government. Commissioner Ahrens also favors an educational approach, and suggested packets be assembled for teachers; presentations from elected officials to students; and work with the Sun-Sailor to have guest authors. Commissioner Walsh said she contacted the Minnesota Humanities Commission. She learned they had funds available but that was a while ago. Commissioner Ahrens pondered jazzing up the Charter on-line. Commissioner Schaefer suggested using the community newsletter as a communication piece. He is a member of the Community Resource Pool, and they offer speakers to communities to lecture on a variety of subjects. Commissioner Schaefer thinks the City’s schools should be notified that Commissioners are available. St. Louis Park City Council Agenda Item: 050503 - 4g - Charter Commission Minutes of January 8, 2003 Page 3 of 5 Mr. Kennedy mentioned that some well-known writers have come from St. Louis Park. Perhaps they would appreciate being notified of the Charter celebration. Like Commissioner Sixel said earlier, Commissioner Dave Johnson advised that it is important to acknowledge why the City is promoting a Charter celebration. Mr. Pires would like to know how the City could establish something that would be ongoing, such as a citizens’ academy. Mr. Kennedy remarked that the Charter Commission can act as a focal point for civics and the Charter can be used as a catalyst. Mr. Kennedy reported that the Art of Association has facilitators and are in the Minnesota Humanities Commission, which Commission Walsh mentioned earlier. Commissioner Jennings proposed the development of neighborhoods as a subject matter for the Charter celebration, and neighborhood newsletters would be a valuable resource. Commissioner Walsh noted that a group of friends at the library are eager to help. St. Louis Park League of Women Voters Celia Andersen suggested contacting Lenox and its seniors for information and ideas. Commissioner Hoeft said the League of Women Voters is also celebrating its 50th anniversary in 2004. Chair Carver compiled a list of why such a celebration? The St. Louis Park Charter celebration may be the first such celebration in the State; we are special; educational opportunities at all levels; community involvement; springboard to launch a citizens’ academy; and an opportunity to plan for the next 50 years. Chair Carver also listed where to do it: malls; libraries; schools; billboards; community centers; cable TV; newsletters; Parktacular; and Lenox. Commissioner Sixel stated he thinks it would be prudent to narrow the focus to education and community involvement, as it is often difficult to accomplish everything that is brainstormed. Mr. Pires cited two additional why items: enhancement of neighborhoods that are already in place, and to preparing citizens for leadership and participation the next 50 years. Commissioner Johnson suggested that this topic be considered further by the Task Force (Commissioners Jennings, Loftus, and Walsh) for now so they can use tonight’s input to recommend how to go about the task of taking this on. Ms. Andersen left at 8:07 p.m. St. Louis Park City Council Agenda Item: 050503 - 4g - Charter Commission Minutes of January 8, 2003 Page 4 of 5 Commissioner Loftus asked if there is too much emphasis on celebration. She said education is a big component. She mentioned that perhaps a low scale reception would be appropriate. Also, the schools should be contacted. Chair Carver would like to have a draft proposal of what the Charter Commission can do (i.e., in a concrete form so as to make choices with what and how to proceed). Commissioner Sixel echoed Commissioner Loftus’s recommendation to contact the schools now. It was noted that “places” (locations) should be called early to check for feasibility. V. Status of Police Citizens Advisory Committee Mr. Pires reported that the Police Citizens Advisory Committee continues to meet. Their discussions include where to go next as a group (i.e., should there be a transition group or a brand new group). Mr. Pires said the chair of the formation group offered to appear at a Charter Commission meeting. The Charter Commission would like that chair to visit at the next meeting. VI. Simultaneous Membership on Boards and Commissions In regard to this item, Mr. Pires included a draft report to be presented to the City Council in the Charter Commissioners’ packets for tonight’s meeting. The draft memo is to the Mayor and City Council, through City Manager Charlie Meyer and Deputy City Manager Clint Pires, from the Charter Commission, and the subject matter is: “Report of the Charter Commission Study: Simultaneous Membership on Boards and Commissions”, dated January 13, 2003. Chair Carver complimented Mr. Pires on the draft memo. Chair Carver suggested the following change: On Page 2, immediately following Item 12, delete Of course, Council regularly receives Charter Commission meeting minutes and replace with Extended discussion of these materials is recorded in the Commission’s minutes. Also from Chair Carver, Page 1, under Analysis and Findings, delete a fairly and replace with an. It was moved by Commissioner Sixel, seconded by Commissioner Schaefer, to approve the “Report of the Charter Commission Study: Simultaneous Membership on Boards and Commissions”, as amended. The motion passed 12-0. VII. Future Meetings St. Louis Park City Council Agenda Item: 050503 - 4g - Charter Commission Minutes of January 8, 2003 Page 5 of 5 A February 12 meeting was suggested, however, it was agreed that rather than meet on February 12th, a draft proposal shall be e-mailed to Commissioners and discussed at the March 12th meeting. The subject matter of the proposal will be the Task Force’s suggestions for the Charter celebration. It was moved by Commissioner Sixel, seconded by Commissioner Dave Johnson, to cancel the February 12, 2003 meeting. The motion passed 12-0. The next meeting is scheduled to be March 12, 2003. VIII. Other Business Chair Carver noted that the next meeting is the annual meeting of the Charter Commission. Officers for the 2003 – 2004 year are scheduled to be elected and a nominating committee needed to be established. Commissioners Ernst and Johnson volunteered to form the committee. Mr. Pires noted that the City Council planned to fill the vacant at-large seat on the Council by no later than January 21, 2003. He indicated there were several applicants and much interest in this vacancy. IX. Adjournment As there was no other business, at 8:40 p.m., it was moved by Commissioner Sixel, seconded by Commissioner Jennings, to adjourn. The motion passed 12-0. Minutes prepared by: Respectfully submitted by: Linda Samson Clint Pires Recording Secretary City Staff Liaison and Deputy City Manager St. Louis Park City Council Agenda Item: 050503 - 8a - Wilmot Final Plat and Variance Page 1 of 12 8a. Request by BJ Wilmot, LLC for preliminary and final plat approval with a Variance to the subdivision ordinance to exclude the sidewalks requirement for construction of a single family home at 2223 & 2229 France Ave S Case Nos. 03-12-S and 03-13-VAR 2223 and 2229 France Avenue S Recommended Action: Motion to adopt a resolution approving the preliminary and final plat and variance for BJ Wilmot, LLC and waiving the title insurance and development agreement requirements, subject to the conditions and findings in the proposed resolution. Zoning: R1, Single-Family Residential Comprehensive Plan Designation: Low Density Residential Background: BJ Wilmot, LLC is applying for preliminary and final plat approval for the combination of the above two properties into a single parcel, with a variance to the subdivision ordinance requirements for a sidewalk. These properties were purchased by the applicant with the intent of combining them and constructing one single family residence. The properties are located in the northeast quadrant of the City, on the east side of France Ave S, just south of Cedar Lake Rd. The parcels border Minneapolis to the east, and the applicant purchased the adjacent Mpls parcel (see attached survey). The Minneapolis parcel is not included in the replat request. A plat is required because the two properties in St. Louis Park consist of 5 previously platted lots and must be replatted as one lot to be utilized for this type of development. A variance is being requested from the requirement that a sidewalk be installed within the right-of-way along France Ave S. On April 2, 2003, the Planning Commission held a public hearing and voted 5-0 to recommend approval of the preliminary and final plat subject to the conditions recommended by staff. The Planning Commission also recommended approval of the variance to the sidewalk requirement and recommended as a condition that a sidewalk could be constructed and the cost assessed in the future as part of a broader public improvement project. The City Attorney has reviewed this recommendation and did not have any concerns. Issues: • Are all Subdivision Ordinance requirements met for Preliminary and Final plat? • Are all Zoning Ordinance requirements met for the Plat? • Have the findings for the proposed variance been met? • Are there any other issues regarding the final plat? Issues Analysis: Are all Subdivision Ordinance requirements met for Preliminary and Final plat As stated the proposed subdivision involves the creation of a new plat that modifies the lot lines of an underlying plat. The proposed Wilmot Addition modifies Lots 24, 25, 26 and part of Lots 4 and 5, Block 11 of McNair Park plat, combining the lots into one lot. The process is simpler than most subdivisions because the creation of only one lot is involved. The Subdivision Ordinance states that the City may agree to review the preliminary and final plats simultaneously. Staff believes that it is appropriate in this case to combine the approval process. The Subdivision Ordinance outlines the specific data requirements for final plats, including name of the subdivision; location of all monuments; location, width, and type of all easements to be dedicated; statement dedicating easements; owner’s policy of title insurance; and the type of certification required. Title insurance insures the city’s interests, such as easements, in plats. In this instance, since the easements will be dedicated on the plat, the City Attorney determined that title insurance is not necessary. Easements will be discussed below, however, all other requirements for the final plat have been met. For final plat consideration, the developer is also required to submit final grading plans, erosion and sediment control plans, utility plans, and tree preservation plans. Grading & Erosion Control and Utility Plan: Grading and erosion control plans and utility plans were submitted. The Public Works Director has reviewed plans and approved them. Tree Preservation and Landscape plan: The tree replacement and landscaping plans were submitted. Replacement requirements for trees removed from public land and replacement of trees removed on the proposed parcel have also been met. Tree protection measures have been proposed on the plans around the majority of trees to be saved. An 18” oak located between the two driveways is proposed to be saved, however is not surrounded by tree protection. Staff suggests that snow fencing also be placed at the dripline of this tree. Park and trail dedication: As the proposed replatting does not involve creation of additional lots, park and trail dedication fees do not apply. Sidewalks: The Subdivision Ordinance requires that sidewalks be provided along all public ways. The applicant is requesting a variance from this requirement. Is analyzed later in this report. Easements: Perimeter utility easements are proposed on the final plat. Staff has received correspondence from Xcel Energy. Their overhead electric facilities run across the north corner of the subject property. Xcel Energy will need to retain a 10-foot easement. A portion of this line runs along the edge of the proposed structure. The applicant has worked with Xcel and has agreed to incorporate this easement into the drainage and utility easements by making them 10 feet in width. The statement dedicating the easements has been incorporated on the final plat. Are Zoning Ordinance requirements met for the Plat? The property is zoned R-1, Single Family Residential. Staff has been working with the applicant to ensure that all zoning requirements can be met, particularly the front and side yard setbacks. Based on the average depth of front yards within 150 feet, staff determined the front yard setback to be 35 feet. The proposed building meets this requirement (See the proposed building footprint on the attached plans). With regards to the side yard setback, the ordinance requires that the 6 foot side yard setback be increased 2 inches for every foot the side building wall exceeds 40 feet. The north side wall of the proposed building is approximately 102 feet long. This is 62 feet in excess of 40, thus requiring a 16.33 foot side yard setback. Staff believes the intent of the additional setback for long walls is to encourage that it be broken up through the use of building wall deviations. Based on this interpretation staff believes the proposed 10 feet and 16.50 feet meet the sideyard setback requirement. This determination was made based on the following: The two portions (20 foot and 36.67 foot) of building wall setback at 10 feet together equal 56.67 feet in wall length. Alone these portions would require an 8 foot setback (6 feet plus 2 feet for portion over 40 feet). A 10 foot setback is actually proposed. The center section (45.33 feet long) is set in an additional 6.5 feet or 16.50 feet from the side lot line, which is the setback required for the whole length of the side wall. Instead of requiring the entire 102 foot wall length be setback at 16.5 feet staff made the determination that the setbacks could be proportional to the building wall length provided there are wall deviations to break up the building wall and that the largest setback be the total setback required for the entire length of the wall. The Fire department has indicated that the proposed structure will have to be sprinkled or a fire apparatus access road will have to be provided if any portion of the building is over 150 feet from the street. The applicant is currently working with the Fire department to meet this code requirement. This may result in a revision to the driveways. Any revisions will have to meet the zoning ordinance requirements for driveways which state that a driveway shall not exceed 30 percent of a front yard area. Additionally, the average width of the driveway shall not be more than 22 feet. Final building and site plans will be submitted with the building permit and will have to be approved by the Zoning Administrator as meeting all ordinance requirements including setbacks, height, ground floor area, usable open space, landscaping, etc. The applicant is proposing to meet all these requirements. Staff and the Planning Commission recommend that any revision to the proposed site plan be approved by the Zoning Administrator prior to building permit approval. A wrought iron fence and 6 foot stone wall are proposed along the perimeter of the property, within the proposed utility easements. The Planning Commission asked if there would be any issues with a stone wall located in a utility easement. It appears that the stone wall will not block any drainage and will not be built over an existing utility. However, the Subdivision Ordinance does require an encroachment agreement for any structure within the easement. A fence permit is required for the proposed fence, and the encroachment agreement must be obtained prior to its approval. • Have the findings for the proposed variance been met? The Subdivision Ordinance requires minimum five foot wide concrete sidewalks to be installed along all property lines abutting a public street, when a property is platted or replatted. The applicant is requesting not to install any sidewalk along France Ave. According to the subdivision ordinance, the City Council shall only approve a variance when it finds that all of the following exist. Following is a summary of the applicant’s statement (See attached application for applicant’s full statement). The applicant stated that the proposed variance is being requested because the installation of a sidewalk would create a hardship and provide little nor no benefit to the community. The applicant believes a hardship is created by destroying the existing landscaping through the regrading of a steep slope, installation of a retaining wall, and removal of several spruce trees. Since, there is currently no sidewalk on either side of France Avenue the applicant believes that adding a short section on the east side would provide little benefit. The applicant also stated that the west side of France Ave is most appropriate for a sidewalk because there are less grade change issues. Staff did recommend denial of the variance to the Planning Commission (attached are staff’s original findings). The Planning Commission expressed concerns with the installation of a sidewalk segment in this location and recommended approval of the variance based on the following findings. 1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. Prior to the Planning Commission meeting the Public Works Director indicated a sidewalk may not be appropriate on the east side of France Avenue. A study is underway to consider the installation of a sidewalk on the west side of France Avenue and its connection to the regional trail just north of St. Louis Park. A neighborhood meeting was held on April 9th to discuss this. There appeared to be general support of a sidewalk on the west side of France Avenue. There is a possibility that France Avenue may be reconstructed at some point in the future, which could coincide with a future sidewalk west of France Avenue. There are currently no plans to install sidewalks east of France Avenue. However, it is unknown how any change to France Avenue would affect an existing sidewalk segment on the east side of France Avenue should it be installed with this plat. Given these circumstances and the unknown outcome of the sidewalk study, the Planning Commission believes that there are special circumstances affecting the property such that the strict application of the provision would deprive the owner reasonable use of the land and that it would be premature for the applicant to install a sidewalk on the east side of France Avenue at this time. Therefore, the Planning Commission believes the finding has been met. 2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. The variance would not be detrimental to the public health and safety. A sidewalk does not currently exist on either side of France Avenue and the Planning Commission believes it is doubtful may people would walk on a fragment of sidewalk in this location. The Planning Commission believes this finding has been met. 3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. Staff acknowledges that the existing slope on the east side of France Avenue would have to be regraded if a sidewalk were to be installed. The Public Works Director indicated there are fewer issues with topography on the west side of France Avenue. The Planning Commission also believes given the grade changes on the east side of France Avenue it would be difficult to determine what elevations and setbacks would be needed on the subject sidewalk segment to connect it to future sidewalks along properties north and south of the applicant’s. Therefore, the Planning Commission believes this finding has been met. 4. That the variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does call for sidewalks to be installed wherever possible to promote walkability and enhance community connections. However, this area has not been identified as a priority in the City’s Trail and Sidewalk Plan. Many of the requirements in the subdivision ordinance are typically associated with subdivisions of large tracts of land where several new lots are created and new streets installed. This is not the case in this instance where two existing lots are being combined to create one in a developed area. To ensure that this variance would not prohibit a possible future sidewalk, the Planning Commission recommended a condition be added to make it clear that if it were planned in the future, a sidewalk could be installed and the variance would not negate any possible assessments. This condition has been added to the resolution. With this condition the Planning Commission believes this finding has been met. • Are there any other issues regarding the final plat? The subdivision ordinance typically requires a development agreement. As long as financial sureties are received should a sidewalk be required, staff does not believe a development agreement is warranted in this case. Staff and the Planning Commission recommend waiving the development agreement requirement. The City Attorney concurs. Since this is a procedural requirement, a variance is not necessary. A Hennepin County Entrance Permit will be required for the proposed development for work within the county right-of-way. The applicant is currently working with Hennepin County on this permit. The applicant has already obtained a permit from Minnehaha Creek Watershed District. Recommendation: Based on the above analysis that the proposed variance does meet the required findings, the Planning Commission recommends approval of the variance to the sidewalk requirements subject to the conditions and findings in the attached resolution. Staff and the Planning Commission recommend approval of the preliminary and final plat subject to the conditions in the resolution. Attachments: • Development plans (supplement) • Variance Application (supplement) • Resolution • Staff’s initial variance findings Prepared by: Julie Grove, Associate Planner, 952-928-2841 Approved by: Charles W. Meyer, City Manager RESOLUTION NO. 03-046 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WILMOT ADDITION WITH VARIANCE TO THE SUBDIVISION ORDINANCE FOR SIDEWALK REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. B.J. Wilmot, LLC, owner and subdivider of the land proposed to be platted as Wilmot Addition has submitted an application for approval of preliminary and final plat of said subdivision with variance to the subdivision ordinance requirements for sidewalks along all public streets (Sec. 26-153(h) and Sec. 36-192(11)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Parcel 1: Lot 25 and 26, and that part of Lots 4 and 5 lying in Section 31, Block 11, McNair Park. and Parcel 2: That part of Lot 4 and 5, Block 11, McNair Park, lying in Section 32, Township 29, Range 24. and Parcel 3: Lot 24, Block 11, McNair Park Addition Conclusion 1. The proposed preliminary and final plat of Wilmot Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variance from subdivision ordinance requirements for sidewalks along France Avenue is approved based on the following findings: 1. The special conditions applying to the property in question are such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. 2. The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated, or be contrary to the intent of the Comprehensive Plan. 3. The granting of the variance is necessary to correct inequities resulting from an extreme physical hardship such as topography. b. The variance is granted based upon the findings setforth and subject to the following condition: 1. The applicant and any subsequent owner will pay the reasonable cost of any future installation of a sidewalk abutting the property, including retaining walls if necessary, which amount will be a specific lien against the property. c. This variance and the condition to pay for the future sidewalk costs shall run with the land and bind all future owners and assigns d. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised to meet the recommended conditions. e. Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Financial security in the form of cash escrow in the amount of $1000 to ensure the City receives a reproducible tracing of the final plat showing evidence of recording; such escrow to be returned upon receipt of the reproducible tracing (mylar). 2. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, and repair/cleaning of public streets. 3. The encroachment agreement for the installation of the stone walls and fence must be executed and recorded as approved by the City Attorney. f. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. g. Prior to any site work, the developer shall meet the following requirements: 1. A permit shall be obtained from Hennepin County. 2. A copy of the Watershed District permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign Assent form and official exhibits. 5. Meet conditions of City signing final plat. 6. Install tree protection fencing as approved by the Zoning Administrator. h. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Grading plans shall comply with all of the requirements of the Public Works Department. 2. Meet all Fire Department emergency access requirements. 3. Required erosion control permits, utility permits or other required permits, shall be obtained from the City. 4. The proposed site development, and all site improvements shall comply in all respects to the zoning ordinance. i. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 2. The site shall be kept free of dust and debris that could blow onto neighboring properties. 3. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 4. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. The developer shall pay an administrative fine of $750.00 per Code violation. j. Prior to issuance of an occupancy permit: 1. Completion of all site and exterior building improvements including tree replacement, ground cover and exterior building materials unless financial sureties are received to cover 125% of completion in accordance with Code and all improvements are complete within one year of issuance of the building permit. 2. Meet all building and fire code requirements for occupancy. k. The City waives the requirements for title insurance and a development agreement. provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 5, 2003 City Manager Mayor Attest: City Clerk STAFF’S INITIAL VARIANCE FINDINGS 1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. The fact that there are some grading issues and several trees located in the right-of-way could be considered a special circumstance or condition. However, requiring sidewalks would not deprive the applicant of reasonable use of the land. It would not even affect the construction of the home as proposed. The Subdivision Ordinance calls for sidewalks in all areas so that there is an option for sidewalks on both sides of every street at some point in the future. Staff does recognize that some sidewalks will have to be installed in small segments, but anticipate that with redevelopment these may be fully connected in the future. Therefore, staff does not believe this finding has been met. 2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. While adding a short, disconnected sidewalk segment would not create any immediate opportunities for pedestrians it will provide additional safety once future segments are installed. Staff believes that implementing the sidewalk ordinance requirements permits the City to be proactive in the protection of its residents by improving pedestrian safety. Therefore, staff does not believe this finding has been met. 3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. Staff believes the existing slope along the east side of France Avenue would have to be regraded. However, it appears it may not require the installation of a retaining wall. There are seven significant trees (5-9 inches in diameter) located in the right-of-way. Four of these trees are proposed to be removed and replaced during the redevelopment of the lot. The remaining three trees are between 12-13 feet from the back of curb, and could potentially be saved if the sidewalk were located close to the curb. Staff would be willing to work with the applicant on the location of the sidewalk in an effort to save as many trees as possible. Staff does not believe the existing topography results in an extreme physical hardship. Therefore, staff believes this finding has not been met. 4. That the variance is not contrary to the intent of the Comprehensive Plan. This area had not been identified as a priority in the City’s Trail and Sidewalk Plan. However, the Comprehensive Plan does promote pedestrian connections wherever feasible. Staff does acknowledge that there have been some discussions about installing a sidewalk along the west side of France instead of the east. However, the Comprehensive Plan does call for sidewalks to be installed wherever possible to promote walkability and enhance community connections. In addition a goal of the Lake Forest neighborhood, where this property is located, is to install neighborhood sidewalks. In keeping with these goals it would be desirable to provide connections in this area whenever the opportunity arises. Therefore, staff does not believe this finding has been met. Location Map C E D A R WO OD R D DREW AVE SE D A R L A K E R D 25T H S T W FRANCE AVE25TH ST W 25TH ST WNATCHEZ AVE PARKLANDS RDWILLOW LA NWILLOW LAP ARK LA N DSLA CEDAR LAKE RD GLENHURST RDFOREST RD HIGHWOOD RD GLENHURST RDFO REST LA AKES 24TH ST WCEDARWOOD RD BASSWOOD R D B A S SWOOD RDTWIN LA KE Subject Properties2223 & 2229 France Ave St. Louis Park City Council Agenda Item: 050503 - 8b - Brunswick Street Closure Page 1 of 2 8b. Authorization to close Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) This report considers closing Brunswick Avenue South at the C.P. Railroad. Recommended Action: Motion to adopt the attached resolution authorizing the closure of Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) conditioned on certain CPRR concessions. Background: On December 9, 2002 staff presented a multi-year railroad crossing pavement surface improvement plan to the City Council. Part of that plan considered free crossing surface upgrades for the closure/removal of other low-use street crossings. In particular, the street crossing at Brunswick Ave. South and W. 39th Street was identified for possible closure in lieu of a free upgrade of the crossing surface at Louisiana Avenue - south of Oxford Street. Council expressed interest in the CPRR’s proposal and suggested that staff explore this proposal with affected parties. A meeting to discuss the closure of Brunswick Avenue at the tracks at W. 39th Street was held March 20, 2003. Twenty-six (26) property owners (Brunswick Ave residents from Cambridge Street south to Brookview Lane) and eleven (11) representatives from the Elmwood neighborhood were invited to the meeting. Six (6) residents representing five (5) properties and two (2) neighborhood representatives attended the meeting. The result of that meeting was there is general support for closing this street each side of the railroad tracks if several concerns could be addressed (i.e., turn arounds, landscaping, curb & gutter installation). After the meeting of March 20, one additional resident called in opposition to closing the street. The resident did not want to lose convenient access to Excelsior Blvd directly to the south. Another resident recently requested the railroad consider installing a pedestrian crossing at this location so pedestrians and bicyclists can continue to utilize Brunswick Ave. going north to access the regional trail. Based on input received, it appears most residents are generally supportive of closing this street. The street closure process is relatively straightforward and simply consists of notice to adjacent residents followed by Council approval of the closure by resolution. Notice of this planned street closure was provided to the same twenty-six (26) property owners and eleven (11) neighborhood representatives the week of April 14. They were also informed this item was tentatively scheduled for Council consideration on Monday evening, May 5th. The city attorney was consulted and involved during this process. Summary: Staff is aware that not every affected resident supports this proposed street closure and that is not likely to change. Given all the considerations, along with budget implications, closing this street crossing does not seem unreasonable. Attachments: Resolution Prepared by: Michael Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 050503 - 8b - Brunswick Street Closure Page 2 of 2 RESOLUTION NO. 03-047 RESOLUTION AUTHORIZING CLOSURE OF BRUNSWICK AVENUE SOUTH AT 39TH STREET (CANADIAN PACIFIC RAILWAY CROSSING) WHEREAS, on December 9, 2002, City staff presented a multi-year railroad crossing pavement surface improvement plan to the City Council; and WHEREAS, City staff has been negotiating with the Canadian Pacific Railway (CPR) relating to the closure of the Brunswick Avenue crossing in exchange for CPR’s upgrading of the crossing at Louisiana Avenue – south of Oxford Street; and WHEREAS, a neighborhood meeting to discuss the closure of the Brunswick Avenue crossing at West 39th Street was held on March 20, 2003; and WHEREAS, it is in the best interest of the City and its residents from both a safety and cost standpoint to limit the number of railroad crossings in the City; and WHEREAS, CPR has agreed to pay for the upgrade of the Louisiana Avenue crossing and the installation of a 6’ to 12’ rubberized pedestrian crossing over the Brunswick Avenue crossing; and WHEREAS, it is not the intent of the City to vacate or abandon this section of the Brunswick Avenue right-of-way, but rather to close the street to vehicular traffic subject to future action by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. The City’s Director of Public Works is authorized to take all steps, including the installation of any turn arounds or other street modifications, necessary to close the Brunswick Avenue South crossing of the Canadian Pacific Railway to vehicular traffic. 2. The closing is conditioned upon CPR, at its cost, upgrading the Louisiana Avenue grade crossing and installing a 6’ to 12’ rubberized pedestrian crossing over the tracks at the Brunswick Avenue crossing in accordance with plans approved by the Director of Public Works. Reviewed for Administration Adopted by the City Council May 5, 2003 City Manager Mayor Attest: City Clerk