Loading...
HomeMy WebLinkAbout2003/05/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 19, 2003 7:30 p.m. ***7:25 p.m. – Economic Development Authority*** ***Study Session to Immediately Follow Regular Meeting*** 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Parktacular Ambassadors Presentation b. National Public Works Week Proclamation 3. Approval of Minutes a. City Council Minutes of May 5, 2003 Document b. Study Session Minutes of April 28, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing: Alley Paving – 2700 Block between Raleigh Avenue and Salem Avenue Document This report considers paving the alley in the 2700 block between Raleigh and Salem Avenues. Recommended Action: Mayor to open Public Hearing, and then close it. Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2700 block between Raleigh Avenue and Salem Avenue, approving plans and specifications and authorizing receipt of bids. 6b. Assessment Hearing for Project 03-xx Document Alley Paving located at the 2700 block between Raleigh Avenue S. and Salem Avenue S. Recommended Action: Mayor to close public hearing. Motion to adopt the attached resolution establishing the assessment for Project No. 03-xx 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Daniel Yavner (Metropolitan Open School) request for a Conditional Use Permit for a small school in the R4 district at 3390 Library Lane Document Case Nos. 03-15-CUP 3390 Library Lane Recommended Action: Motion to adopt a resolution approving the conditional use permit, subject to conditions in the resolution 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 19, 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 adopt resolution approving a transit-oriented development grant/loan application to Hennepin County Department of Housing, Community Works and Transit Document 4b Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Wolfe Lake Commercial Tax Increment Financing District within Redevelopment Project No. 1 and the Proposed Adoption of the Tax Increment Financing Plan Document 4c Motion to adopt the attached resolution authorizing the installation of stop signs at Gorham Avenue at 2nd Street NW Document 4d Motion to adopt the attached resolution which rescinds Resolution No. 02-025 thereby removes parking restrictions on the North side of Minnetonka Boulevard between Glenhurst and Huntington Avenues while retaining other parking restrictions along Minnetonka Boulevard Document 4e Motion to adopt the attached resolution authorizing the preparation of plans and specifications for a noise wall on the west side of Trunk Highway 100 from south of Excelsior Boulevard to the south City limits Document 4f Motion to adopt the attached resolution authorizing the installation of stop signs at Dakota Avenue and Walker Street Document 4g Motion to adopt the attached resolution accepting this report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids Document 4h Motion to approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the June 2, 2003 City Council meeting Document 4i Motion to designate Gartner Refrigeration & Manufacturing, Inc. as the lowest responsible bidder for the replacement of the refrigeration floor located in the west arena at the St. Louis Park Rec Center and to execute a contract at a cost not to exceed $490,629.00 Document 4j Motion to receive and accept year one report from Police Advisory Committee; and motion to direct staff to prepare documents establishing a Police Advisory Commission of the City Document 4k Motion to accept for filing the minutes of the Human Rights Commission meeting of March 19, 2003 Document 4l Motion to accept for filing the minutes of the Parks and Recreation Advisory Commission meeting of February 19, 2003 Document 4m Motion to accept for filing the minutes of the Planning Commission meeting of April 23, 2003 Document 4n Motion to accept for filing the minutes of the Housing Authority meeting of April 9, 2003 Document 4o Motion to accept vendor claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING MAY 19, 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: 051903 - 3a - Council Minutes of May 5, 2003 Page 1 of 4 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 5, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Economic Development Coordinator (Mr. Hunt); Director of Public Works (Mr. Rardin); Associate Planner (Ms. Grove); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of April 21, 2003 The minutes were approved as presented. 3b. City Council Study Session minutes of April 7, 2003 From Councilmember Santa: Item 2, Paragraph 2, at the end of the last sentence, add: due to traffic concerns. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the May 19, 2003 City Council meeting 4b Adopt Resolution No. 03-048 approving Employee Programs: Retirement Incentive, Voluntary Leave without Pay and Request for Reduction of Work Hours 4c Appoint Three Councilmembers to Serve on Housing Summit Steering Committee St. Louis Park City Council Agenda Item: 051903 - 3a - Council Minutes of May 5, 2003 Page 2 of 4 4d Adopt Resolution No. 03-049 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 4e Accept Planning Commission Minutes of April 2, 2003 4f Accept Board of Zoning Appeals Minutes of February 27, 2003 4g Accept Charter Commission Minutes of January 8, 2003 4h Accept Vendor Claims for filing (Supplement) It was moved by Councilmember Omodt, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions: None 6. Public Hearings: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. 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 Resolution No. 03-046 Associate Planner Julie Grove presented a Staff report on B.J. Wilmot’s, LLC. request. The Applicant, Austin Cargill, is working with the City Attorney to develop and obtain an encroachment agreement. Mr. Cargill is requesting a variance to exclude installing sidewalk along the right of way on the east side of France Avenue. Ms. Grove said on April 23, 2003, the Planning Commission, on a vote of 5-0, recommended approval for the plat and the sidewalk variance with the following condition: The sidewalk could be constructed at a later date and the cost would be assessed to the property owner. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to adopt Resolution No. 03-046 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. St. Louis Park City Council Agenda Item: 051903 - 3a - Council Minutes of May 5, 2003 Page 3 of 4 The motion passed 7-0. Councilmember Sanger said it would make the most sense to install sidewalk on the west side of France Avenue. 8b. Authorization to close Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) Resolution No. 03-047 Director of Public Works Mike Rardin presented a report regarding the consideration to eliminate the street crossing over two tracks, i.e., to close Brunswick Avenue South at West 39th Street. Mr. Rardin provided background information on additional rail tracks and crossings. At a later date, Mr. Rardin will return to Council with the stop sign issue. He said work is expected to begin in June of 2003 on the Alabama and Brookside crossings, and it may be possible to begin work on the Louisiana crossing at the same time. Councilmember Nelson would like to see improvements made to the 42nd Street and 41st Street crossings as soon as possible. Councilmember Nelson asked City Manager Charlie Meyer to explain what it means to be a whistle-free city and why fewer grade crossings would help to accomplish that goal. Mr. Meyer said the concept of a whistle-free community means that when railroads enter a city, they know that every railroad crossing has been upgraded to a level, as provided by the Federal Rail Authority, to require crossings that make it impossible for vehicles to get around gates, such as scissor gates. The rail companies have assurance that vehicles cannot be on the tracks as the trains pass. When the railroad companies know an entire community is set with such crossings, the trains can pass through all crossings within that community without blowing their whistles, hence, a whistle-free community. Councilmember Sanger asked if a community can be whistle-free and still have pedestrian crossings at railroad crossings. Mr. Meyer said the rail companies are governed by the Federal Rail Authority, and it is his understanding that the Federal Rail Authority does not require, or think it possible, to completely close off railroad crossings to pedestrians; the premise may be that pedestrians should be able to hear or see approaching trains. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt Resolution No. 03-047 authorizing the closure of Brunswick Avenue South at W. 39th Street (Canadian Pacific Railroad) conditioned on certain CPRR concessions. The motion passed 7-0. St. Louis Park City Council Agenda Item: 051903 - 3a - Council Minutes of May 5, 2003 Page 4 of 4 9. Communications From Mayor Jacobs: Mayor Jacobs noted the recent open houses at Excelsior and Grand. Mayor Jacobs announced the upcoming Children First Ice Cream Social on May 18th, from 1:00 to 4:00, at the Rec Center. From Councilmember Nelson: Councilmember Nelson said the condominiums at Excelsior and Grand are selling well. Councilmember Nelson announced that he has submitted his resignation from the City Council effective June 2, 2003. He said the City is soliciting applications to fill the Ward 2 Council vacancy. Interested individuals can get information from the City’s website or by calling the City Clerk’s office. From Councilmember Omodt: On Tuesday, April 29th, the lights at Skippy Field were turned on. Councilmember Omodt thanked all those who contributed to make this possible, and he thanked Jim Rhodes of Xcel Energy for getting electricity to Skippy Field in time for the April 29th game. 10. Adjournment Mayor Jacobs adjourned the meeting at 7:56 p.m. ________________________________ ________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 051903 - 3b - Study Session Minutes of April 28, 2003 Page 1 of 4 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION Minutes of April 28, 2003 The meeting convened at 7:05 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Susan Sanger was absent. Staff present: City Manager (Mr. Meyer), Community Development Director (Mr. Harmening), Public Works Director (Mr. Rardin), Engineering Program Manager (Mr. Moore), City Engineer (Ms. Hagen), Director Parks and Recreation (Ms. Walsh), Planning Coordinator (Ms. Erickson), and Recording Secretary (Ms. Samson). Also present: MnDOT representatives Heather Lott, Wayne Norris, and Peter Wasko. 1. Construction and Funding of a Potential Noise Wall along the West Side of Trunk Highway 100 Maria Hagen introduced the discussion regarding the possibility of constructing a noise wall along the west side of Highway 100 from south of Excelsior Blvd. to the southern City limits. Heather Lott described the location of the noise wall. Ms. Lott stated that St. Louis Park may chose to work with Edina regarding extending the noise wall. Ms. Lott said that MnDOT would prefer to work simultaneously with Edina and St. Louis Park on a proposed extension of the noise wall. In regard to the consideration to extend the noise wall, Councilmember Nelson pointed out that a retaining wall is in the way. Wayne Norris said MnDOT would meet with Edina to promote the extension. Councilmember Nelson asked if extending the wall will impact the traffic volume load, and Mr. Norris replied, no. Mr. Norris added that it is feasible to extend the noise wall, and he will lobby for it. For this matter to move forward, Ms. Lott said MnDOT would require a resolution. Ms. Hagen said two possible sources of funding may be the utility fund or a special assessment. Charlie Meyer asked, Why local funding as opposed to project funding? Mr. Norris said some funding could be derived from the Noise Barrier Fund, but only for noise protection. It was mentioned that the purchase of St. Louis Park turn-backs by MnDOT could be another source of funding. St. Louis Park City Council Agenda Item: 051903 - 3b - Study Session Minutes of April 28, 2003 Page 2 of 4 There was discussion regarding landscaping and street width. Ms. Hagen said she will contact Edina regarding the possibility of extending the noise wall. Mayor Jacobs said he does not want special assessments to be imposed for this project. The City Council gave its approval to move forward with this item and to contact the City of Edina to discuss extending the noise wall. Council agreed that the noise wall should extend to 44th Street West. 2. Budget Proposal Review (continued) Mr. Meyer said Staff is suggesting that three weeks be set aside to go through the detailed items of the budget, and reserve the fourth week, May 19th, to review and make decisions regarding remedies. Cindy Walsh presented the Parks and Recreation Department’s budget reductions and revenue enhancements. The Council discussed the proposed service changes listed on Ms. Walsh’s sheet, Parks and Recreation Department Budget Reductions and Revenue Enhancements, and Council gave their acceptance of the changes listed for the Community Organization Support. Councilmember Nelson expressed concern that residents would not be willing to pay for the upkeep of boulevard trees, therefore, Council would like to bring back Item 2, turn back boulevard trees to the residents, for further discussion. Councilmember Omodt said he would like to have three or four skating rinks done really well as opposed to having skating rinks minimally maintained. Mr. Meyer suggested that this item return for further discussion after it is known how many skating rinks will close, and to determine what user groups will prevail. Council agreed to bring Item 5 back, park maintenance of skating rinks, for further discussion. Councilmember Velick said she is saddened to think about the possibility that Westwood Hills Nature Center may close on Saturdays and Sundays, Memorial Day through Labor Day. She suggested weekend attendance figures be checked. Council agreed to bring Item 6, Westwood Hills Nature Center, back for further discussion. For Item 10, closing the Oak Hill wading pool, Council stated tear out. For Item 12, eliminate uniforms for the union 49er maintenance group, Mr. Meyer said the City would still provide clothing and safety equipment for some workers. Mayor Jacobs wants workers to use identification badges. St. Louis Park City Council Agenda Item: 051903 - 3b - Study Session Minutes of April 28, 2003 Page 3 of 4 In regard to Revenue Enhancements, Item 1, charge a $5.00 per person field use fee to associations, Councilmember Omodt stated that the Hockey Association is penalized, and he suggested raising the fee to $10.00. The Council agreed that, prior to implementing such a fee, competitive prices should be investigated. No Councilmember objected to at least a $5.00 increase. Mike Rardin distributed his Public Works—Budget Implications to the Council. In Mr. Rardin’s report on the Elimination of Assets, Council stated they would like to have additional time to think about the elimination or the move to vacate twelve city-owned parking lots, and Council requested Staff’s advisement on options available regarding this item. It was stated that the City will deal with issues pertaining to this item as they come up. Also from the Elimination of Assets section, Councilmember Brimeyer said the turnback/vacate streets and streetlights in the Meadowbrook complex is firstly a public policy issue, and secondly a legal issue. Mayor Jacobs suggested a review and an analysis of the regulations, and better enforcement. Councilmember Nelson suggested contacting the City Attorney about this item. Both Mayor Jacobs and Councilmember Brimeyer think it would be a bad public policy move to go forward with this item. In the Shift Costs to Others section, Mayor Jacobs said to shift the cost of sidewalk snow removal to residents would be the most controversial issue. Council requested that Staff provide cost figures regarding sidewalk snow removal to residents. In regard to shifting cost of sidewalk repairs to residents, Councilmember Santa would only consider this item if it were to be implemented city-wide. Council requested that Staff provide cost figures regarding sidewalk repairs to residents. From the section, Create New Revenue Sources, Mr. Rardin said that to implement a fee system to finance O & M of streetlight and traffic signal systems, would represent about $400,000 per year. In regard to implement gas and electric utility franchise fees, Councilmember Santa requested a sample of a utility bill with new fees. In the Reduced Services section, Council favors a revised snow ordinance, that is, a residential parking ban after 3” of snow (except exempt areas). The current snow ordinance states a residential parking ban after 2” of snow. From the Elimination of Services section, it was stated that, at this time, it is unknown if the City can follow through with a prohibition on the placement of dumpsters and pods on city streets. The Council would like to have this item return for further discussion. St. Louis Park City Council Agenda Item: 051903 - 3b - Study Session Minutes of April 28, 2003 Page 4 of 4 Mayor Jacobs said if it was promised, the City should go forward with it. Some Councilmembers said it is the reduction and the elimination of local government aid that is forcing the Council to eliminate some services, however, Mayor Jacobs replied that the residents’ faith in the City should not be broken. Ms. Walsh and Mr. Meyer will return to the Council with a six-year plan. 3. Elmwood Area Land Use, Transit and Transportation Study, Suggested Next Steps Judie Erickson and Tom Harmening reported on the Elmwood Study, Next Steps. Ms. Erickson discussed the proposed comprehensive plan and zoning amendments. In her report, Ms. Erickson listed issues and related recommendations for further Council action concerning land use and transportation within the study area. 4. Update on Initial and Additional Storm Water Improvement (Flood Prevention) Projects Ms. Hagen discussed flood improvement. Ms. Hagen would like to know what terms of acceptability the Council is willing to approve. Councilmember Brimeyer said, first and foremost, protect private structures from public waters. 5. Housing Summit Steering Committee Mr. Harmening said the Housing Summit Steering Committee will meet five times, beginning in June. He said three Councilmembers are required to serve. It was decided that Councilmembers Brimeyer, Sanger, and Santa will serve on the committee. Mr. Harmening will place the Councilmembers’ names on the Consent Agenda for the May 19th Council meeting for approval. 6. Adjournment The meeting was adjourned at 10:07 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 051903 - 4a - Hennepin County Grant App. for Elmwood Page 1 of 2 4a. Motion to adopt resolution approving a transit-oriented development grant/loan application to Hennepin County Department of Housing, Community Works and Transit Background: On April 28, 2003, the City Council reviewed a list of possible next steps during a study session and directed staff to proceed with comprehensive plan amendments, official map amendments, and grant applications, if available. A Hennepin County Housing, Community Works and Transit grant is available in 2003, with funds available in early 2004 for infrastructure improvements related to transit-oriented development. Staff is making application for a water main project that would upgrade the water main on West 36th Street between Brunswick and Webster Avenues from a six inch to a 12 inch main. A technical analysis has been completed by Progressive Consulting Engineers, Inc., the City’s water service consultant, to determine the water service needs associated with the land use recommendations of Elmwood Area Land Use, Transit & Transportation Study. The grant proposal is based upon the findings of that analysis. The grant application requires a resolution of support adopted by the City Council. Attachments: Resolution Grant application (supplement) Progressive Consulting Engineers, Inc. Technical Memorandum (supplement) Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4a - Hennepin County Grant App. for Elmwood Page 2 of 2 RESOLUTION NO. 03-050 A RESOLUTION APPROVING THE APPLICATION TO THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY FOR A GRANT TO CONSTRUCT A WATER MAIN IN THE ELMWOOD AREA ON WEST 36TH STREET WHEREAS, the St. Louis Park City Council accepted the Elmwood Area Land Use, Transit & Transportation Study with conditions on March 3, 2003, and WHEREAS, the Elmwood Area Land Use, Transit & Transportation Study recommended transit-oriented land use and redevelopment patterns in response to the area’s proximity to the Hennepin County Southwest Transit Corridor, and WHEREAS, redevelopment within the Elmwood Area will require upgraded water service in accordance with a technical analysis of the water distribution system. BE IT RESOLVED that the City of St. Louis Park, in accordance with Minnesota Statutes § 383B.77, subd. 3., supports the transit oriented development loan/grant application submitted to the Hennepin County Housing and Redevelopment Authority on May 19, 2003, by Community Development Department for the Elmwood Area water main project. Reviewed for Administration Adopted by the City Council ________________ City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4b - Wolfe Lake TIF District Page 1 of 4 4b. Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Wolfe Lake Commercial Tax Increment Financing District within Redevelopment Project No. 1 and the Proposed Adoption of the Tax Increment Financing Plan. Background: Belt Line Industrial Park, Inc. is proposing to redevelop 4.86 acres at the northwest quadrant of West 36th Street and Belt Line Boulevard. Plans call for the construction of a one-story, 9,872 square foot commercial building on the vacant portion of the property along West 36th Street. Shortly after completion, the existing 32,845 square foot multi-tenant building on the site would be demolished and a two-story, 54,742 square foot medical/office building would be constructed in its place. These two buildings would have a total of 64,614 square feet and cost approximately $10,994,785 to construct. The buildings would be called respectively: Wolfe Lake Professional Center West and Wolfe Lake Professional Center. The City Council approved a comprehensive plan amendment to change the land use designation on the subject site from industrial to commercial on January 22, 2002. A Zoning Map amendment to change the zoning map designation of the parcels from IP (Industrial Park) to C2 (General Commercial) received Council approval on March 4, 2002. The Council then reviewed and approved the preliminary PUD and Plat for the Wolfe Lake Professional Center project at its July 15,2002 meeting. The Planning Commission is scheduled to review the Final PUD and Plat at its May 21 meeting. The EDA/Council reviewed a preliminary TIF application at its March 10 study session where it received general support. At the May 5, 2003 study session staff presented the EDA/Council with a final TIF application from Belt Line Industrial Park for this project. It was received favorably at this meeting and staff is continuing to facilitate the development process. Calling for the public hearing will allow the EDA/Council to take the appropriate steps to establish a new TIF district for this project. In addition, staff will proceed in negotiating a development agreement with Belt Line Industrial Park. The TIF hearing is scheduled to be held on July 7, 2003. Attachments: Resolution TIF Schedule Site Plan Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Tom Harmening, Community Development Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4b - Wolfe Lake TIF District Page 2 of 4 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 03-051 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, AND THE ESTABLISHMENT OF THE WOLFE LAKE COMMERCIAL TAX INCREMENT FINANCING DISTRICT THEREFOR. BE IT RESOLVED by the City Council (the “Council”) for the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Public Hearing. This Council shall meet on Monday, July 7, 2003, at approximately 7:30 p.m., to hold a public hearing on the proposed adoption of the Modification to the Redevelopment Plan for the proposed establishment of the Wolfe Lake Commercial Tax Increment Financing District, (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan therefore, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 through 469.1081, inclusive, as amended, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plan and Program. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modification to the Redevelopment Plan, (the “Plan”) and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 283. The City Manager is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to July 7, 2003, and to place a copy of the Plans on file in the City Manager’s office at City Hall and to make such copy available for inspection by the public. Reviewed for Administration: Adopted by City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4b - Wolfe Lake TIF District Page 3 of 4 SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE WOLFE LAKE COMMERCIAL TAX INCREMENT FINANCING DISTRICT As of April 28, 2003 May 2, 2003 Project information, property identification numbers, and maps sent to Ehlers & Associates for drafting documentation. May 19, 2003 EDA requests that the City Council call for a public hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Wolfe Park Commercial Tax Increment Financing District. May 19, 2003 City Council calls for a public hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Wolfe Park Commercial Tax Increment Financing District. May 23, 2003 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers & Associates to fax and mail on May 27, 2003] May 27, 2003 Letter received by County Commissioner giving notice of potential redevelopment tax increment financing district (at least 30 days prior to publication of public hearing notice). [Ehlers & Associates to fax and mail on May 27, 2003] June 4, 2003 Planning Commission reviews Plans to determine if they are in compliance with City’s comprehensive plan and adopts a resolution approving the Modifications. June 5, 2003 Date of publication of Business Subsidy hearing notice and map (at least 10 days prior to hearing). [Sun Sailor publication deadline May 29, 2003] June 6, 2003 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers & Associates to fax and mail on June 6] June 16, 2003 EDA holds public hearing on Business Subsidy Agreement and approves Redevelopment Agreement St. Louis Park City Council Agenda Item: 051903 - 4b - Wolfe Lake TIF District Page 4 of 4 June 16, 2003 City Council holds public hearing on Business Subsidy Agreement and approves Redevelopment Agreement June 26, 2003 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Sun Sailor publication deadline June 19, 2003] July 7, 2003 EDA adopts a resolution approving a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Wolfe Park Commercial Tax Increment Financing District. July 7, 2003 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Wolfe Park Commercial Tax Increment Financing District and passes resolution approving the Plans. [Ehlers & Associates will mail final Plan information to the City by June 26, 2003] By December 30, 2003 Ehlers & Associates files Plans with the MN Department of Revenue and requests certification of the TIF District from Hennepin County. St. Louis Park City Council Agenda Item: 051903 - 4c - Stop Sign on Gorham at 2nd St NW Page 1 of 2 4c. Traffic Study No. 578: Motion to adopt the attached resolution authorizing the installation of stop signs at Gorham Avenue at 2nd Street N.W. Background: City staff was contacted by an area business requesting the City look at the visibility and safety at the intersection of Gorham Avenue and 2nd Street N.W. This intersection has several features that contribute to poor visibility from the 2nd Street south approach to Gorham Avenue. First, the intersection is not at a 90o angle which hinders sight lines to oncoming traffic. Second, the south approach is on an uphill grade which makes visibility even more difficult. Third, even though on-street parking at all corners of the intersection has been removed, poor visibility still remains due to on-street parking on both sides of Gorham Avenue. In response to this request staff reviewed this intersection in the field and sent letters to area businesses and residents. Staff received eight (8) calls all of whom support the installation of stop signs on Gorham Avenue. Recommendation: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution authorizing the installation of stop signs may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommended action. Attachments: Map (Supplement) Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4c - Stop Sign on Gorham at 2nd St NW Page 2 of 2 RESOLUTION NO. 03-052 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON GORHAM AVENUE AT 2ND STREET N.W. TRAFFIC STUDY NO. 578 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on Gorham Avenue at 2nd Street N.W. Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4d - Minnetonka Blvd. Parking Restriction Removal Page 1 of 2 4d. Traffic Study No. 579: Motion to adopt the attached resolution which rescinds Resolution No. 02-025 thereby removes parking restrictions on the North side of Minnetonka Boulevard between Glenhurst and Huntington Avenues while retaining other parking restrictions along Minnetonka Boulevard. Background: The City received a request from one of the three businesses on the north side of Minnetonka Boulevard between Glenhurst Avenue and Huntington Avenue, to remove the existing 30 minute parking limit from 8:00 a.m. to 6:00 p.m. The business making the request is a hair salon and customers typically have appointments longer than 30 minutes. Although this business shares off- street parking with another business, the convenience of parking in front of the salon is important to the owner. In response to this request, staff sent notice to the other two (2) business/property owners and received one response which supported the request. After reviewing the existing situation and after discussion with the business/property owner, staff is recommending the removal of the existing parking restrictions. Staff has discussed this request with Hennepin County and received their approval for the change in parking restrictions. The language authorizing these parking restrictions is in Resolution No. 02-025, which contains a number of parking restrictions related to Minnetonka Boulevard. In order to approve this request, the existing resolution must be rescinded and a new resolution approved which retains the remaining parking restrictions. Options: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommended action. Attachments: Map (Supplement) Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4d - Minnetonka Blvd. Parking Restriction Removal Page 2 of 2 RESOLUTION NO. 03-053 RESOLUTION AUTHORIZING INSTALLATION OF VARIOUS PARKING CONTROLS ON MINNETONKA BOULEVARD AND STREETS ADJACENT TO MINNETONKA BOULEVARD AND RESCINDING RESOLUTION NO. 02-025 TRAFFIC STUDY NO. 579 WHEREAS, the City of St. Louis Park, Minnesota, in conjunction with Hennepin County, has determined that the removal of parking will facilitate safer traffic movement along Minnetonka Boulevard; and WHEREAS, the City has conducted a study and has determined that previously adopted parking restrictions on the north side of Minnetonka Boulevard between Glenhurst and Huntington Avenues are no longer necessary; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, that the following resolution be rescinded: Resolution Number Resolution Date 02-025 March 18, 2002 AND, BE IT FURTHER RESOLVED that a traffic analysis having indicated that traffic control signs are warranted in the following areas, the Director of Public Works is hereby authorized to install the following controls: § 5-minute parking limit from 8:00 a.m. to 6:00 p.m. on the north side of Minnetonka Boulevard from Huntington Avenue to Inglewood Avenue; § “No Parking” restrictions on the west side of Monterey Avenue from Minnetonka Boulevard to 150 feet north; § “No Parking” restrictions on the east side of Louisiana Avenue from 130 feet south of Minnetonka Boulevard to 130 feet north of Minnetonka Boulevard; § “No Parking” restrictions on the west side of Louisiana Avenue from 130 feet south of Minnetonka Boulevard to 100 feet north of Minnetonka Boulevard; § “No Parking” restrictions on the east side of Texas Avenue from 123 feet south of Minnetonka Boulevard to 260 feet north of Minnetonka Boulevard; § “No Parking” restrictions on the west side of Texas Avenue from 140 feet south of Minnetonka Boulevard to 260 feet north of Minnetonka Boulevard; § “No Parking” restrictions on the east side of Dakota Avenue from 131 feet south of Minnetonka Boulevard to 123 feet north of Minnetonka Boulevard; § “No Parking” restrictions on the west side of Dakota Avenue from 130 feet south of Minnetonka Boulevard to 43 feet north of Minnetonka Boulevard Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4e - Highway 100 Noise Wall Approval Page 1 of 2 4e. Motion to adopt the attached resolution authorizing the preparation of plans and specifications for a noise wall on the west side of Trunk Highway 100 from south of Excelsior Boulevard to the south City limits Background: In 1995, the Minnesota Legislature requested the Minnesota Department of Transportation (Mn/DOT) to conduct a study to “survey noise conditions along highways, identify areas where state and federal noise standards are exceeded, and to assess the feasibility, reasonableness, and cost effectiveness of noise mitigation measures”. The result of this request is a February 1997 report, “Minnesota Highway Noise Abatement Study” which identified hundreds of locations throughout the state and ranked them using the legislative criteria. The east side of Trunk Highway 100, south of Excelsior Boulevard, was ranked No. 4 according to the study. This noise wall was constructed in 2001. The west side of Trunk Highway 100, south of Excelsior Boulevard, is ranked No. 23 and a wall is scheduled for construction in 2005. The wall along the west side of Trunk Highway 100 is proposed to be constructed from approximately 4032 Webster to the southern City limits. In response to Mn/DOT’s proposed noise wall, City staff has held a neighborhood meeting and conducted a noise wall tour for area residents. On March 13, 2003 staff also assisted Mn/DOT at an open house for residents in the Brookside Neighborhood. A total of ninety five (95) people attended the open house. Mn/DOT provided comment sheets and an opportunity for residents to vote for or against the noise wall, indicate a preferred landscaping concept plan, and a preferred wall style. Several options exist for placement of the wall and the design of the street to accommodate input from residents. The wall could be placed directly behind the existing curb which would allow parking to remain on the street. This would create no space for landscaping. Or, the east-side curbing could be relocated further to the west, which would eliminate parking but allow for retaining walls and planting areas. The different options available result in different funding obligations for the City. As discussed at the April 28, 2003 Study Session, details on wall design, type, location and cost participation will be finalized in the near future. Mn/DOT has obtained the information they needed from the neighborhood and can now proceed with development of plans and specifications, if the City Council supports the installation of a noise wall. Prior to Mn/DOT proceeding they have requested the City Council adopt a resolution in support of the noise wall. The attached resolution requests Mn/DOT proceed with the development of plans and specifications for the Trunk Highway 100 noise wall assuming that funding and design issues can be resolved. Attachments: Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4e - Highway 100 Noise Wall Approval Page 2 of 2 RESOLUTION NO. 03-054 RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR A NOISE WALL ON THE WEST SIDE OF TRUNK HIGHWAY 100 BETWEEN EXCELSIOR BOULEVARD AND THE SOUTH CITY LIMITS IN THE CITY OF ST. LOUIS PARK WHEREAS, the Minnesota Legislature directed the Commissioner of the Minnesota Department of Transportation (Mn/DOT) to prepare a study which assessed the noise levels along freeway corridors within incorporated areas of the State and suggested mitigation measures to reduce the impact of freeway noise; and WHEREAS, the Trunk Highway 100 corridor within the City of St. Louis Park was assessed as part of the study; and WHEREAS, the study suggests that through the construction of a noise wall the impact of sound generated by vehicles within the Trunk Highway 100 corridor can be mitigated; and WHEREAS, Mn/DOT staff held an open house on March 13, 2003 to discuss the proposed noise wall and to review possible alternatives for design; and WHEREAS, the St. Louis Park City Council finds that it is in the best interest of the community to proceed with the development of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, hereby requests that Mn/DOT proceed with the preparation of plans and specifications for construction of a noise wall along the west side of Trunk Highway 100 between Excelsior Boulevard and the south City limits. Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4f - Stop Signs at Dakota & Walker Page 1 of 2 4f. Traffic Study No. 577: Motion to adopt the attached resolution authorizing the installation of stop signs at Dakota Avenue and Walker Street Background: City staff was contacted by the St. Louis Park School District and by the Co- Chair Site Council of the Park Spanish Immersion Elementary School (PSI), requesting the intersection of Dakota Avenue and Walker Street be made a four (4) way stop. The intersection currently has only one stop sign for westbound Walker Street. City staff has reviewed this request in the field and found that the traffic concerns are in the morning and afternoon when parents drop off students for the PSI school. Traffic converges on the intersection to drop students off on Dakota Avenue just north of Walker Street to access the building through the west door. This leg of the intersection is a dead-end that serves as a driveway. With the traffic congestion and pedestrians crossing each leg of the intersection, staff is recommending the installation of three (3) additional stop signs to make this a four (4) way stop. The City’s Traffic Control Policy does allow for installation of traffic controls “in safety sensitive areas (Schools). This may include stop signs, marked crosswalks or other traffic calming controls”. Besides the Stop signs, staff is also proposing to install crosswalks at this intersection for pedestrian safety. In discussions with PSI and visits to the site, staff has determined that this side door is a primary entrance for students and cannot be eliminated or closed off. Therefore, staff feels this is the best measure available to allow for safer pedestrian crossing at the intersection. Recommendation: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution authorizing the installation of stop signs may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommended action. Attachments: Map (Supplement) Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Kirk DiLorenzo, Captain Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4f - Stop Signs at Dakota & Walker Page 2 of 2 RESOLUTION NO. 03-055 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS AT DAKOTA AVENUE AND WALKER STREET TRAFFIC STUDY NO. 577 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that the following traffic controls meet the requirements of the City’s policy for installation of Stop signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs at Dakota Avenue and Walker Street, (at the northwest, southwest and south east corners). Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4g - Approve Sealcoating Project 03-08 Page 1 of 3 4g. City Engineer’s Report for Contract Sealcoating of Streets, Project No. 03-08: Motion to adopt the attached resolution accepting this report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. Background: Sealcoating is the surface application of an asphalt material followed by the placement of small-graded aggregate (rock). The purpose of this treatment is to add surface friction to the pavement, facilitating vehicle traction, and to seal the surface from oxidation and the effects of moisture. Sealcoating can extend the life of a pavement, in good condition, by 5-9 years. In past years, the City has sealcoated streets throughout the City with a given amount of funding per year. Since the dollar amount allocated for sealcoating was never increased, the amount of street surface sealcoated has decreased over time. By 2001, staff estimated that City streets were being sealcoated only once every 16 years. The primary objective of the proposed Pavement Management Program is to extend pavement life and enhance system-wide performance in a cost-effective and efficient way by providing the right maintenance or repair at the right time. Staff has recommended that an eight-year rotation or cycle be implemented that will focus maintenance and rehabilitation activities in one area of the City per year. An eight-year cycle was chosen based on preventive maintenance research, which shows that roads, in good condition, should be sealcoated every 6-10 years. The City was divided into 8 areas of comparable size in terms of pavement square footage. The areas were also divided along neighborhood boundaries in order to facilitate future communications and public process. Analysis: Area 4 of the Pavement Management Program is the area scheduled for sealcoating in 2003. Area 4 comprises the streets in the Bronx Park, Birchwood, and Sorenson neighborhoods. These streets were last sealcoated in the early 1980’s. Not all streets in this area will be sealcoated. Based on the computerized pavement management software that the City utilizes, and visual inspections by City staff, several streets in the area were determined to be in need of more aggressive maintenance. Sealcoating these streets would be a waste of resources. Therefore, staff has eliminated them from the project with the understanding that they will be evaluated and considered for higher levels of maintenance or rehabilitation at some time in the future, as part of the overall Pavement Management Program. Financial Considerations: The total estimated cost of the sealcoating project is $157,500. This project was included in the 2003-2007 Capital Improvement Program. Funding would come from the Citywide Public Works Operations budget. Estimated Costs: St. Louis Park City Council Agenda Item: 051903 - 4g - Approve Sealcoating Project 03-08 Page 2 of 3 Street Sealcoating $142,500 Contingency (10%) $7,500 Engineering $7,500 Total $157,500 Revenue Sources: Public Works Operations budget $150,000 Public Works Engineering budget $7,500 Total $157,500 Project Timeline: 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 19, 2003 • Advertise for bids May/June • Bid Opening June 10 • Bid Tab Report to City Council June 16 • Construction July/August Resident Communication and Impact: Construction will likely take one to two weeks once operations begin. The specifications allow for the sealcoating to be completed anytime between July 14 and August 30. City staff will install “No Parking” signs just prior to sealcoating in order to sweep the streets well, and then to facilitate sweeping of the excess aggregate after it has set. Parking will only be restricted from 7:00 a.m. to 7:00 p.m. Affected residents will receive a notice describing the sealcoating process and the impacts on parking. Residents, who abut streets that will not be sealcoated, will also receive a letter informing them of the City’s desire to perform more aggressive maintenance or rehabilitation strategies on their streets at some time in the future as a part of the Pavement Management Program. Summary of Feasibility: Initiation of sealcoating applications on a larger area of the City’s streets is a proactive measure. The proposed project is necessary, cost effective and feasible under the conditions noted and at the costs estimated. Recommendation: It is recommended that the City Council adopt the attached resolution approving the City Engineer's report, approving and ordering a project for this improvement, approving the plans and specifications, and authorizing staff to solicit bids for this work. Attachment: Resolution Map (Supplement) Prepared by: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4g - Approve Sealcoating Project 03-08 Page 3 of 3 RESOLUTION NO. 03-056 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE SEALCOATING OF CERTAIN STREETS IN AREA 4 OF THE PAVEMENT MANAGEMENT PROGRAM, AND APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the need for sealcoating of certain streets in the Bronx Park, Birchwood, and Sorenson neighborhoods, also referred to as Area 4 of the Pavement Management Program. 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 sealcoating of streets in the described location is hereby accepted. 2. The proposed project, designated as Project No. 03-08, is hereby established and ordered. 3. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer are approved. 4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least once in the Construction Bulletin an advertisement for bids for the making of said improvement under the approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 5. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the June 16, 2003 regular City Council meeting. Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 4h - Walser Ford Variance Appeal Page 1 of 1 4h. 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 June 2, 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. Since that meeting, the applicant and the city have been actively reviewing the signage, and are close to a solution that would not require a variance. In order to finalize this solution, a continuation will likely be needed from the May 19, 2003 meeting to the June 2, 2003 meeting. It is also possible that Walser will withdraw the variance appeal prior to further Council consideration. Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4i - Rec Center Refrigeration Floor Contract Page 1 of 1 4i. Motion to designate Gartner Refrigeration & Manufacturing, Inc. as the lowest responsible bidder for the replacement of the refrigeration floor located in the west arena at the St. Louis Park Rec Center and to execute a contract at a cost not to exceed $490,629.00. Background: In the fall of 2000, the outside beam on the north side of the Rec Center cracked because the wood had become rotten. The original west arena was built in 1971. At the time that the arena was constructed, timber glue laminated beams were an accepted structure for arenas. The timbers were used in our arena to provide unique architectural characteristic. The design for a new roof system will use a steel beam system rather than wood. The replacement of the refrigeration floor is part of the renovation of the Rec Center west arena roof replacement project, which began mid April with anticipated completion in September 2003. This is the fifth and final bid tab for the project. The City anticipated the project costs to be 2.3 million dollars. GO Bonds were sold to cover the 2.3 million-dollar expenditure. If there aren't any major change orders needed for the project, staff expects the total project to cost approximately 2.1 million dollars. Bid Analysis: The following proposal was received at the bid opening on Thursday, May 8, 2003 at City Hall. Gartner Refrigeration & Manufacturing, Inc. $ 490,629.00 Although there was only one bidder, there were four companies that received bid plans and specifications. Staff has worked Gartner Refrigeration & Manufacturing, Inc. in the past and has found them to be reliable. The preliminary estimate for this portion of the work was $450,000.00. The bid from Gartner Refrigeration was $40,629 higher than the estimate. Recommendation: City staff is recommending that a bid be awarded to Gartner Refrigeration & Manufacturing, Inc. for the replacement of the west arena of the refrigeration floor at the Rec Center for an amount not to exceed $490,629.00. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Craig Panning, Manager of Buildings and Structures Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 1 of 6 4j Motion to receive and accept year one report from Police Advisory Committee; and motion to direct staff to prepare documents establishing a Police Advisory Commission of the City. Background: On May 12, 2003, Chair Kristine Royer and other members of the Police Advisory Committee (PAC) met with Mayor Jacobs and the City Council. Ms. Royer gave a presentation which outlined the year one activities as follows: • Start-up and organizing • Contemplation of purpose • Mission, vision, values and goals • Presentation of draft by-laws Members of the Police Advisory Committee also had discussion with Councilmembers in order to answer questions and seek direction from the Council. The Council asked that another meeting be scheduled with the Police Advisory Committee in the next few months. The Council was also advised that some current members of the committee are prepared to be appointed by the council to the commission, and that as many as six or seven persons will need to be added in the future. The Council requested input from PAC members on qualifications for candidates and complimented them for an outstanding year of service. Staff and committee members will continue to work together in preparing documentation to formally establish the St. Louis Park Police Advisory Commission and to design a recruitment process for council’s future appointments to the commission. Attachments: Annual Report - "Visioning the Future" Draft By-laws Prepared by: John D. Luse, Chief of Police Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 2 of 6 St. Louis Park, Minnesota Police Advisory Committee Draft By-Laws The St. Louis Park City Council established a Police Advisory Committee. In May of 2003, the Committee adopted the following revised by-laws and rules to conduct its business. Article I. Mission, Vision, Values, and Goal Statements Section 1. Mission § Enhance the awareness of police department capabilities and services § Provide an opportunity for citizen involvement in police services § Encourage exchange between police department and the community Section 2. Vision § The St. Louis Park Police Advisory Committee strives to create a community that is proactive, safe, informed, inclusive, and healthy § The St. Louis Park Police Advisory Committee will make a difference by serving as a connection to the community, supporting the efforts of the police department, promoting partnerships, and encouraging involvement in educational opportunities Section 3. Values § The St. Louis Park Police Advisory Committee values integrity, ethics, safety, prevention, and quality of life § The St. Louis Park Police Advisory Committee is motivated by communication, relationship building, and problem solving Section 4. Goals § Enhance the power of advocacy § Create more public recognition and visibility of the Police Department, Police Advisory Committee and Community Policing § Provide a more systematic, comprehensive approach to addressing community and individual issues § Provide more opportunities to improve Community Policing Article II. Membership Section 1. Officers 1.1 Members of the Committee choose a chairperson, vice- chairperson, and secretary. Section 2. Election and Term St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 3 of 6 2.1 The chairperson , vice-chairperson, and secretary are elected for a one-year term from January 1-December 31. Elections are held at the regular meeting in December, or as shortly thereafter as possible. The chairperson, vice-chairperson, and secretary may be re-elected. 2.2 The Committee may select an acting chairperson, vice-chairperson, or secretary with the full authority described in section 3 below, until the regular elections are held. Section 3. Duties 3.1 The chairperson presides at all meetings and appoints Committee members to chair committees. 3.2 The vice-chairperson presides in the absence of the chairperson. 3.3 The secretary keeps minutes of all meetings as public record and records all deliberations and actions in a standard format. Section 4. General Membership 4.1 11 regular voting members shall be appointed by the City Council for a minimum 1-year term and maximum 3-year term. The terms shall be staggered. Section 5. Staff Support 5.1 The Police Department provides liaison staff and financial support, if available, to enable the Committee to carry out its mission. Article III. Committee Activities Section 1. Work Plan 1.1 The Committee adopts an annual work plan that details activities and projected timelines for the calendar year. 1.2 The Chairperson may appoint Committee members to be primarily responsible for each work plan activity. 1.3 The Committee may establish task forces to oversee work plan activities, chaired by members appointed by the Chairperson. 1.4 Committee work plans are submitted to the City Council by March 1st or as shortly thereafter as practicable. Section 2. Task Forces 2.1 A Task Force consists of at least two appointed Committee members, one of whom will be designated as chair or co-chair by the chairperson. A St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 4 of 6 majority of the task force must be present to conduct business, including at least two committee members. 2.2 The Committee may consolidate or dissolve existing task forces at any time. 2.3 The chairperson of a task force may appoint other Committee members and representatives from the broader community to the task force. 2.4 Task Force chairpersons shall report about task force activities as an agenda item at regular Committee meetings. Section 3. Report to the City Council 3.1 The Committee submits an annual report to the City Council summarizing the past year's activities. The report may highlight issues of concern and other information the Committee wants to convey to the Council. 3.2 The chairperson or designee prepares the report for approval by the Committee. Committee members may submit signed addenda presenting alternative conclusions or perspectives. 3.3 The report and addenda are submitted with the current year work plan in March or as soon thereafter as possible. Article IV. Committee Meetings Section 1. Regular Meetings 1.l Regular Committee meetings are held a minimum of six times per year at City Hall. The regular meeting date will be scheduled annually by the Committee. The Committee may reschedule regular meetings due to holidays, religious observations, or other compelling reasons. 1.2 The Committee will inform the City and the public of changes in time or location of regular Committee meetings, in accordance with the Minnesota open meeting law. 1.3 The Committee will meet annually with the City Council to submit an annual report and review the annual work plan. Section 2. Special Meetings 2.1 The chairperson may call special meetings of the Committee at any time. 2.2 The chairperson must call a special meeting at the request of a City Council member or two Committee members. 2.3 Notice of special meetings shall be given to each Committee member at least three days in advance of the meeting. Notices of meetings will be posted in accordance with the Minnesota open meeting law. Attendance by the Committee member waives any defect in the notice. 2.4 The chairperson without prior notice may call emergency meetings. St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 5 of 6 Section 3. Meeting Agenda 3.1 The chairperson and Police Department staff liaison will prepare agenda for both regular and special meetings. 3.2 The Committee prior to considering old business must approve the meeting agenda. Items may be added to the agenda by any Committee member or at the request of he City Council. Items submitted for agenda consideration may be placed on the next available meeting agenda at the discretion of the chairperson, except for City Council requests. 3.3 Residents, businesses, or other interested parties may contact individual Committee members or the Police Department staff liaison to request that an item be included on the agenda. 3.4 The chairperson will examine requests forwarded from the Police Department liaison to determine if they should be added to the agenda. Section 4. Quorum and Voting 4.1 A quorum consists of a majority of all currently appointed members of the Committee (6). 4.2 Recommendations and motions must be approved by a majority of voting members present, if a quorum exists. Section 5. Attendance 5.1 Committee members are expected to attend regular, special, and Committee meetings. Members unable to make a meeting should notify the Committee chairperson or task force chairperson for Committee meetings. 5.2 Committee members are expected to adequately prepare for meetings. Members unable to finish an assigned task should notify the Committee or task force chairperson as soon as possible. 5.3 The Committee shall inform the City Council when a member misses three unexcused regular meetings or is not in regular attendance of task force meetings in a calendar year. The Committee may ask the Council to review a member's appointment based upon its assessment of significant nonperformance of duties. 5.4 The Committee will approve and record the approval of all excused and unexcused absences. Article V. By-Laws and Rules Section 1. Amendments St. Louis Park City Council Agenda Item: 051903 - 4j - Police Advisory Committee Report Page 6 of 6 1.1 These By-Laws may be amended by a majority of all voting member of the Committee. 1.2 The Committee members must be given one month's advance notice regarding proposed amendments prior to formal Committee action. 1.3 Amendments to these procedures can only be considered at a regular meeting of the Committee. Section. 2. Parliamentary Rules 2.1 Robert's Rules of Order will be used as needed. St. Louis Park City Council Agenda Item: 051903 - 4k - Human Rights Minutes of 3-19-03 Page 1 of 3 City of St. Louis Park Human Rights Commission Minutes – March 19, 2003 Westwood Room – City Hall Present Commission Members: Matthew Armbrecht, Colleen Clark, Kristen Eddsall, Julie Kirsch, Ganesh Rameshrathinam, Kristi Rudelius-Palmer, and Chair Kristin Siegesmund Staff: Kim Olson, Recording Secretary Guest: At-Large Councilmember Paul Omodt Call to Order Chair Siegesmund called the meeting to order at 7:13 p.m. Chair Siegesmund welcomed Councilmember Paul Omodt. Councilmember Omodt introduced and gave a brief background of himself. He explained that he was newly appointed to the City Council and that he was happy to be invited the Human Rights Commission meeting. Ms. Rudelius-Palmer asked what he felt the role of the Human Rights Commission is and what the Council felt about the Iraq resolution. He responded that he was very much interested in human rights and was glad a human rights commission had been established in St. Louis Park. He stated that the Council did not feel it was appropriate for a local government to act on a federal matter. He suggested that if they would like be active, a petition can be circulated through the St. Louis Park community. Chair Siegesmund would like a Councilmember to attend several Human Rights Commission meetings to increase interaction between them and the Council. Ms. Rudelius-Palmer would like to have a Council liaison to the commission. Mr. Omodt felt that if Council had human rights concerns, they should bring them to the Human Rights Commission to research and provide a recommendation. Chair Siegesmund thanked Councilmember Omodt for attending the meeting. Approval of Minutes It was motioned by Ms. Rudelius-Palmer, seconded by Mr. Armbrecht, to approve the minutes as presented. Commissioner and Staff Reports Ms. Olson distributed commission mail as well as the Perspectives newsletter from the Minnesota Community Foundation. Mr. Armbrecht spoke about the new INS registration law for immigrants and the issues regarding detention. He reported that the Court of Appeals overturned rules allowing peace officers to track immigrants by means of a special license or identification card. He also reported that two counties have passed laws that require both parties to be legal citizens and show proof before they marry. Mr. Armbrecht stated that volunteers are needed as part of a special effort to check INS detention standards. St. Louis Park City Council Agenda Item: 051903 - 4k - Human Rights Minutes of 3-19-03 Page 2 of 3 Ms. Clark reported that there was an increase in violence and fights at the high school. She reported that a walk-out was to happen if war was declared. The Vice Principal informed students that a note would be necessary from the student’s parents if they were going to be absent. Chair Siegesmund reported that they had received a call in her legal aid office regarding a case involving the Housing Authority. The concern that Chair Siegesmund had was that city staff should be trained to understand that some cases may come in that do not seem to be of a discriminating nature but could actually turn out to be the case. The other concern that she had was that the Police Department had responded to a call that could have been bias in nature though no hate crime had been committed and the Human Rights Commission had not been informed. Ms. Edsall reported that she had sat in on a Police Advisory Task Force meeting. Ms. Rudelius- Palmer inquired if there had been an increase in violence and Ms. Edsall replied that nothing specific has been established yet. Ms. Rudelius-Palmer stated that the conceal and carry gun bill was likely to be approved by the Legislature. She mentioned that this would have large ramifications for businesses as they would need to install lock boxes in their stores so that customers could check their weapons. She added that the city could pass an ordinance not allowing concealed weapons in St. Louis Park. The cities of Edina and Bloomington have both sent correspondence to the Legislature against passing such a bill. Old Business Audit Subcommittee Ms. Edsall stated that the subcommittee needs to re-evaluate the time commitment as participation has been unreliable. Chair Siegesmund inquired if Ms. Edsall would like to head that initiative and Ms. Edsall agreed. Iraq Resolution Ms. Rudelius-Palmer reported that she had sent out an e-mail to Council with the resolution attached as well as an inquiry if the Council would be interested in pursuing the issue and received a varied response back from the Council. The overall response from Council was that it was not an issue they would like to bring forward for discussion and felt that the issue was not appropriate for a local council to address. Chair Siegesmund felt that they need to focus on the most important issue of trying to find peaceful resolution to the conflict and they may not want to focus so much on the resolution that they had passed. She added that she did not want to diminish the resolution but to make sure that the right message is given out. The focus should be on maintaining human and civil rights and peaceful resolutions. Ms. Rudelius-Palmer stated that they cannot fear agitation as it will likely arise. Chair Siegesmund wanted to be very careful of not jeopardizing the voice of the Human St. Louis Park City Council Agenda Item: 051903 - 4k - Human Rights Minutes of 3-19-03 Page 3 of 3 Rights Commission. She stated that it is a very hot issue and suggested that a moderated forum for the community to address the issue would be appropriate. Mr. Edsall felt that they should work in the community and provide information and referrals to the residents, but was hesitant to sponsor events. She felt that the commission has done it’s duty and brought the resolution to the attention of the Council and they may decide from there how far they would like to bring it. Ms. Rudelius-Palmer would like to see an opinion piece in the paper outlining how local residents are connected to the issue and cited the example of increased violence in the schools. Chair Siegesmund would like to see a letter that mentions the resolution but is not the focus of the letter. It should have a focus on the possible effects to the community such as discrimination, violence and aggression. Mr. Rameshrathinam will draft a letter that the other commissioners can review. New Business Ice Cream Social Ms. Boddy and Ms. Edsall volunteered to staff the booth at the ice cream social. Chair Siegesmund suggested discussing the theme at the next meeting. Parktacular Celebration Ms. Rudelius-Palmer suggested using mobile City Hall during Parktacular and possibly using magnets on it to promote the Human Rights Commission. Ms. Boddy also suggested securing a paper banner onto it. Student Essay Contest Chair Siegesmund felt that all the entries should be reviewed. Ms. Edsall inquired about the criteria for judging the essays. Ms. Siegesmund replied that there is not a set of specific criteria, but in the past they have found that one was not needed. Mr. Armbrecht, Ms. Boddy, Ms Kirsch, and Chair Siegesmund volunteered to review the essays and would like staff to send them in their agenda packets. Set Agenda for Next Meeting The following items were placed on the agenda for the next meeting: • Decide winner(s) of the student essay contest • Choose Ice Cream Social theme • Discuss participation in Parktacular Adjournment It was motioned by Mr. Armbrecht, seconded by Ms. Edsall, to adjourn the meeting at 8:51 p.m. Respectfully submitted, Kim Olson, Recording Secretary St. Louis Park City Council Agenda Item: 051903 - 4l - PRAC Minutes from 2-19-03 Page 1 of 4 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION FEBRUARY 19, 2003 – 7 P.M. ST. LOUIS PARK RECREATION CENTER MEMBERS PRESENT: Bruce Cornwall, Kirk Hawkinson, Dick Johnson, Nancy Nelson, Dana Strong, and Tom Worthington MEMBERS ABSENT: Sarah Lindenberg STAFF PRESENT: Mark Oestreich, Stacy Voelker, and Cindy Walsh 1. Call to order Nancy Nelson, Chair, called the meeting to order at 7:06 p.m. Claudia Egelhoff, Hennepin Community Health Department, attended with an interest in the creation of the Cities Code of Conduct. Ms. Egelhoff advised she wanted to make the Commission aware of how to create tobacco-free, alcohol-free, and drug-free facilities. Ms. Egelhoff contributed copies of Edina’s and Bloomington’s ordinances with a guide to creating tobacco-free facilities. The Commission members and staff introduced themselves to Ms. Egelhoff. 2. Adjustments to the agenda None. 3. Approval of Minutes of January 16, 2003 Kirk Hawkinson moved to approve the minutes of the January 16, 2003 meeting, Dana Strong seconded. The motion passed 6-0. 4. New Business A. Discuss Code of Conduct Process Tom Worthington indicated the Commission previously discussed the opportunity to adopt a Code of Conduct which would pertain to all facilities and youth associations in the City. Ms. Voelker indicated material was obtained from other cities pertaining to their Code of Conduct policies. Mr. Worthington suggested a subcommittee work on the Code of Conduct versus the entire Commission which members agreed. Tom Worthington, Kirk Hawkinson and Dana Strong volunteered. Claudia Egelhoff advised her position is to make the Commission aware of how to create tobacco, alcohol, and drug free facilities. Ms. Nelson and Mr. Worthington advised the Code of Conduct is more behavioral. Ms. Walsh advised City ordinance states alcohol is not allowed in any St. Louis Park City Council Agenda Item: 051903 - 4l - PRAC Minutes from 2-19-03 Page 2 of 4 park or City building. Mr. Worthington and Mr. Strong advised some individual associations have suspensions if tobacco, drugs, or alcohol is used while their activities are in session. Ms. Walsh suggested the subcommittee consider this when reviewing the Code of Conducts. Mr. Strong suggesting having an expectation sheet that both parents and players need to sign. Mr. Johnson distributed an article titled “Blowing the Whistle on Bad Sports” and indicated it is nice to have a list of rules and regulations and also advise how citizens can handle when they see inadequate behavior. Ms. Voelker will distribute copies of all Code of Conducts received to the subcommittee which consists of Tom Worthington, Kirk Hawkinson and Dana Strong). The subcommittee will bring back their findings at a future meeting. B. Review Parks and Recreation Budget Ms. Walsh distributed the 2003 budget and explained the process begins in early April, informally adopted by the City Council in August, and formally adopted at the end of the year. Ms. Walsh reviewed each page with the Commission which include the budget narrative, revenue summary, expenditure summary line items, and capital outlay. Included in the budget is the school districts part in the programs and transfers out which is debt repayment and salaries from other divisions. Ms. Walsh advised the Council approves the budget by departments and not by divisions. Mr. Strong noted that most of the revenue comes from programs and property tax. He then inquired on how the budget will be cut if legislature approves the proposal. Ms. Walsh advised the City may not be allowed to increase taxes so will need to cut services. Commission members discussed the items proposed by the governor and what could be done. Ms. Walsh advised staff is trying to get businesses to sponsor events which would help free up money in the budget to do other projects. C. Capital Improvement Project Update Mr. Walsh distributed the 2003 Capital Improvement Project list and briefly discussed each project. Ms. Walsh also explained the three funding sources are GO Bonds, the Park and Recreation budget, and the Park Improvement fund. The Park Improvement fund is only used for park projects and the funding is obtained from new developments in the City. Mr. Oestreich briefed the Commission on the Westwood Hills Nature Center boardwalk reconstruction which will be completed this spring. The boardwalk reconstruction was assisted with a fifty-fifty match grant from the State of Minnesota and was a 2002 CIP item. Mr. Oestreich advised with the grant, the trails were redone and made handicapped accessible. Mr. Strong inquired if the Commission could go through the budget process and have input on the budget which Ms. Walsh advised they do not. Ms. Walsh indicated she would like the Commission to discuss areas for proposed budget cuts if the need arises. Mr. Johnson feels all options should be brought to the Commission if budget cuts occur. Ms. Walsh agreed that options would be presented to the Commission for discussion. D. Skate Park Process Discussion Ms. Walsh advised staff met with youth interested in a skate park this summer and gave opportunities of the location. Wolfe Park was their number one location (focal point) St. Louis Park City Council Agenda Item: 051903 - 4l - PRAC Minutes from 2-19-03 Page 3 of 4 and did not have a second choice. Most are age 12 – 15 and do not drive but ride bikes. Staff suggested Rotary Northside Park but the kids wanted it next to area that has concessions and bathrooms. The youth acknowledged they have damaged some areas and indicated a dedicated area help eliminate damage. Youth indicated they need to police themselves, as it is not staff’s responsibility. They also advised they need to respect and take care of if City builds. Mr. Johnson inquired if staff could then enforce keeping the youth away from the front of the Rec Center and Ms. Walsh indicated that is a possibility if Council approves. Ms. Walsh advised another meeting would be held March 10 with youth. If Wolfe Park were chosen, the sand volleyball court would need to be moved but the park soil has debris. Staff is reviewing the area on the northwest side of the Rec Center for the skate park. Ms. Walsh advised the skate park would be unsupervised and free. Mr. Strong inquired on the liability aspect of an unsupervised park. Ms. Walsh indicated a Tier 1 skate park could be built without supervision and covered under the City’s liability. The League of Minnesota Cities created skate park requirements. Ms. Walsh explained staff will select vendor, identify funds that can be spent, and have the youth design the structure. Mr. Cornwall inquired if there was opposition from seniors and other residents in the area. Ms. Walsh indicated no one is directly affected as the seniors enter the park from south of their building. Mr. Cornwall wondered if this would be a long-term attraction for youth and Ms. Walsh indicated that is unknown at this time. 5. Old Business None. 6. Communications A. Chair Ms. Nelson advised the Commission members the Youth Activity Grant was submitted requesting $1,500 for the scholarship fund. Ms. Nelson also indicated 39 applications were submitted but the Commission did not receive any money last time so hope to get some this year. B. Commissioners Mr. Strong indicated the School Board asked for a summary report of what the Commission is currently involved in. Ms. Walsh suggested advising of skate park proposed for this year and reviewing Park Improvements scheduled. The Commission members indicated they want to encourage the school district to do long term planning of facilities and advise the Commission, as there are more opportunities to work together. Mr. Cornwall made the Commission aware of a City ordinance that states garden ornaments cannot be placed within four feet of property lines. C. Program Report – Mark Oestreich Mr. Oestreich updated the Commission members on new programs and activities Westwood Hills Nature Center is offering for winter, spring, and summer. Programs included a parent/child sleepover and the astronomy club with their new telescope, St. Louis Park City Council Agenda Item: 051903 - 4l - PRAC Minutes from 2-19-03 Page 4 of 4 which were big hits. Wolfe Lake will be stocked with fish this year. The Nature Center will have senior fishing day at Wolfe Lake which replaces the Mille Lacs fishing trip. Other programs include a youth bike and fishing trip in July and “Take a Kid Fishing” in August on Wolfe Lake. Westwood staff is working on additional advertising to individuals in home school. Mr. Oestreich indicated the Nature Center will be remodeled and staff has visited other centers for ideas (i.e. include raptor area for owls to be used for programs). The building will be closed August 10 through December for renovation. Staff will still office from the Nature Center and may obtain a doublewide trailer for groups and activities during the renovation. The building will be completely renovated including new windows, doors, heating, and air conditioning. Mr. Oestreich advised of current cramped working area. Main reason for the renovation is to provide staff with adequate working space, add active classroom, add storage area, and include a break room. Mr. Johnson inquired when the brick house renovation was scheduled in the CIP and Mr. Oestreich explained it had been pushed back and briefly described proposed renovations. Mr. Worthington asked that the March Commission meeting be held at the brick house which members agreed. Commission thanked Mr. Oestreich. D. Director’s Report None. 7. Adjournment Moved by Tom Worthington and seconded by Dick Johnson to adjourn. Motion passed 6-0. With no further business, the Commission adjourned at 9:14 p.m. Minutes prepared and respectfully submitted by, Stacy M. Voelker Recording Secretary St. Louis Park City Council Agenda Item: 051903 - 4m - Planning Commission Minutes of 4-23-03 Page 1 of 4 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 23, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: John Basill, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: Michelle Bissonnette, Phillip Finkelstein, Ken Gothberg 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 April 2, 2003 It was moved by Commissioner Morris to approve the minutes of April 2, 2003 as presented. The motion passed 4-0. 3. Hearings: A. Case No. 03-03-CUP—Request of Wendy’s International for Conditional Use Permit for in-vehicle sales/service (drive-through use) at 5001 Excelsior Blvd. Associate Planner Julie Grove distributed a letter from Richard P. Janssen, Real Estate Director, Wendy’s International, dated April 22, 2003, which stated that Wendy’s would like to request a continuance until May 7, 2003. She also distributed a memo from herself explaining that in a subsequent phone call from Mr. Janssen, he clarified that Wendy’s would like the request tabled until the May 7 meeting so that outstanding issues could be addressed. Ms. Grove presented a staff report. She said, at this time, neither a variance application or a landscape redesign have been submitted. In addition, a p.m. peak parking analysis and review of neighborhood traffic impacts is being completed. Staff is recommending a continuance until May 7, 2003. Chair Robertson said because a public hearing was advertised, the hearing will be opened, however, Wendy’s representatives will not be in attendance. If people can wait until May 7th so that Wendy’s can hear their comments, that would be best. If they can’t return or want comments considered before May 7th, they should speak tonight. St. Louis Park City Council Agenda Item: 051903 - 4m - Planning Commission Minutes of 4-23-03 Page 2 of 4 Commissioner Timian asked about prohibiting the use of the alleyway behind Miracle Mile shopping center to Wendy’s customers. Planning and Zoning Supervisor Janet Jeremiah said that issue will be raised with the traffic consultant. Ms. Jeremiah said that a representative from SRF, the traffic consultant, will be attending the May 7 meeting. Commissioner Morris asked if the west side of Wendy’s would be considered the front entrance. Ms. Grove said Wendy’s is proposing the main entrance to be on the west side but the restaurant would front on Excelsior Blvd. Ms. Grove said the 50-foot front area is being proposed to be used as a patio area. Commissioner Basill is concerned about traffic and circulation. He asked if SRF included the traffic from Miracle Mile and exiting vehicles onto Wooddale Avenue in their traffic study. Ms. Grove said traffic on Wooddale was included. Chair Robertson opened the public hearing. Carol Ham, 4967 West 40th Street, is a 37-year resident of St. Louis Park. Ms. Ham said she has been pleased with most of the Excelsior Blvd. development until today. Ms. Ham mentioned that there are already speed bumps in Miracle Mile shopping center, indicating the need for traffic control. She said Metro Mobility parks its buses in the far right lane on Excelsior Blvd., which would impact vehicles making right turns onto Excelsior Blvd. Ms. Ham is concerned about bright lights shining into residential homes, and the odors generated by restaurants. Claudia Madison, 3931 Joppa Avenue South, stated that she will return on May 7th for the continued public hearing . Ms. Madison encourages the Commission to look at the SRF traffic study very carefully. She thinks Wendy’s is not the restaurant for this site. Ms. Madison commented that it is her opinion that SRF has fallen short of making some good analyses in other projects (Chipotle). She requested the Commission to pay close attention to Ms. Grove’s report. Jeff Johnson, 4964 43rd West, does not want a drive-through restaurant. He commented that the north side of Excelsior Blvd. is better suited for that type of restaurant. Josh Gruber, 4608 West 39th, asked if SRF projections are based on current traffic volumes. Many changes are coming to the area which will affect traffic volumes. He assumes the new redevelopment has been factored in since it is already approved. Given that westbound motorists must first turn right on Excelsior Blvd., unless they exit at the Park Nicollet and Excelsior Blvd. intersection, Mr. Gruber stated that u-turns on Quentin Avenue are not practical. He said the drive-through concept does not work here. St. Louis Park City Council Agenda Item: 051903 - 4m - Planning Commission Minutes of 4-23-03 Page 3 of 4 David Reddin, Vallacher Ave., commented that the entire middle section of the parking lot next to Wendy’s would be needed to accommodate the additional 33 parking spaces. Mr. Reddin said a drive-through, open until 1:00 a.m., draws a late-night and probably noisy crowd, and a fence or berm would not help to screen noises. Mr. Reddin said the drive-through should be rejected. Ms. Jeremiah said staff has suggested an 11:00 p.m. closing time for the drive-through use and the City Attorney concurs. Ms. Jeremiah added that the CUP is relative to the drive-through component of Wendy’s. Darrell Ham, 4967 West 40th Street, said Wendy’s does not seem like a fit for the area. Paul Steen, 3755 Joppa Avenue South, said his main concern is traffic, and Wendy’s would not be a good fit. Mike Finley, 4205 Princeton Avenue South, is also concerned about traffic. Mr. Finley asked how a Wendy’s at this location would impact, especially slow down, traffic on Excelsior Blvd. Commissioner Morris would like to know what the current occupancy of Miracle Mile is. He said many tenants have left, which may give the appearance of a light traffic volume. Commissioner Morris asked if SRF has or will consider this? Ms. Jeremiah said actual traffic counts were done prior to most of the vacancies at Miracle Mile, and staff has pointed out the vacancies to SRF and that it should be factored into their analyses. Chair Robertson said at the May 7th meeting, SRF will be asked what they have looked at in their traffic study, i.e., factors, vacancies, growth, and the consideration, if any, of the Elmwood Study. Commissioner Basill raised concerns about traffic, circulation in the parking lot, lack of a comprehensive landscape plan, a stacking requirement that is not yet met, compromised pedestrian and vehicle safety, and the proposed hours of operation. Chair Robertson added that he has not seen a solution to the landscaping problems this site presents; it appears there is too much to put into such a small area. It was moved by Commissioner Morris, seconded by Commissioner Basill to continue the public hearing on this item until May 7, 2003. The motion passed 4-0. 4. Unfinished Business: None 5. New Business: None St. Louis Park City Council Agenda Item: 051903 - 4m - Planning Commission Minutes of 4-23-03 Page 4 of 4 A. Consent Agenda B. Other New Business 6. Communications A. Recent City Council Action – April 7, 21 B. BOZA minutes 2-27-03 7. Miscellaneous: None 8. Adjournment It was moved by Commissioner Morris to adjourn. Chair Robertson adjourned the meeting at 6:50 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 051903 - 4n - Housing Authority Minutes of 4-9-03 Page 1 of 3 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, April 9, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Judith Moore Commissioner Shone Row arrived at 5:12 p.m. Commissioner Anne Mavity arrived at 5:16 p.m. MEMBERS ABSENT: None STAFF PRESENT: Sharon Anderson, Tom Harmening, Jane Klesk, Kathy Larsen, Michele Schnitker 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Approval of Minutes for March 12, 2003 The March 12, 2003 minutes were unanimously approved, with the following amendment to Page 2, 6(d.) Approval of 2003 Action Plan: Commissioner Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Courtney, Gavzy, Mavity and Row voting in favor. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Impact of City Budget Cutbacks on Housing Authority Operation – Verbal Report Mr. Harmening explained City budget cutbacks and how they affect the Housing Authority. For 2003 the City is losing one-half of its State aid, or $1.5 million; for 2004 the City is losing all of its aid under the Governor's proposal. These are significant cuts that will require a variety of options to make-up, including raising revenues, cutting expenses, and utilizing existing reserves. The Housing Authority may be asked to provide additional revenue to the City by paying increased rent, paying a larger share of HA salaries, and contracting with the Inspections Department to conduct HQS inspections required for Section 8 units. Ms. Anderson is also working with her staff to increase revenue sources for the City. Ms. Schnitker stated that City budget cuts coincide with cuts in the Public Housing operating subsidy budget. HUD anticipates that the HA will be funded at about 90% of what it should receive, however, the final amount will not be know until July. b. Update of Excelsior & Grand Project – Phase II – Verbal Report Mr. Harmening presented the master plan for the Excelsior & Grand Project and explained that all the streets, the Town Green and the amphitheater were completed to date. The project will also contain approximately 660 housing units, of which 100 are now leased, including 3 Section 8 units. Mr. Harmening described another significant development project and stated that the Community Development Department is working closely with Park Nicollet/Methodist on campus expansion plans. Over a 10 to 13-year period Methodist plans to add about 500,000 square feet of new medical space, the first phase of which is a 200,000+ square foot heart and vascular center on the south end of the building. This could start construction as soon as February, 2004. The Park Nicollet campus is proposing approximately 300,000 square feet of new medical space within the same time period. c. Approval of Home Renewal "Lite" Development Agreement – 1850 Nevada Ave. Ms. Larsen stated that proposals for purchase and major remodeling of the property were requested, and bids and design proposals were received from three builders. Ms. Larsen requested that the Board authorize execution of the development agreement with Al Stobbe Homes, in the amount of $140,000, for development of the property at 1850 Nevada. Ms. Larsen added that the finished house would be a "show house", and that an open house would be held. Commissioner Moore moved to authorize execution of the development agreement with Al Stobbe Homes, Inc. Commissioner Courtney seconded the motion, and the motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. d. Approval of Capital Fund Contract Award to Merit Builders Ms. Anderson explained that the lowest of three bids received was from Merit Building Company, in the amount of $86,880.00. This bid is for residing and reroofing of scattered-site homes, and courtyard sidewalk modifications at Hamilton House. Commissioner Mavity moved to approve the Capital Fund Contract Award to Merit Builders. Commissioner Moore seconded the motion, and the motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. 7. Communications from Executive Director a. Claims List No. 4-2003 Commissioner Mavity moved to ratify Claims List No. 4-2003, and Commissioner Moore seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Communications (1) Monthly Report for April, 2003 (2) Scattered Site Houses and Hamilton House Ms. Anderson briefly described two current scattered-site terminations. (3) Draft Financial Statement 8. Other Ms. Schnitker stated that the Housing Authority has received a Section 8 Management Assessment Program score of 100% for FY 2002. Ms. Schnitker briefly described the upcoming Minnesota NAHRO conference, scheduled for May 23, 2003. Ms. Mavity described a Supportive Housing Conference scheduled for June 17-18, 2003. Ms. Schnitker stated that Vail Place will be completed by June, 2003 and will provide seven additional project-based Section 8 units. 9. Adjournment Commissioner Courtney moved for adjournment. Commissioner Moore seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity and Row voting in favor. The meeting was adjourned at 6:27 p.m. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 1 of 6 6a. Public Hearing: Alley Paving – 2700 Block between Raleigh Avenue and Salem Avenue This report considers paving the alley in the 2700 block between Raleigh and Salem Avenues. Recommended Action: Mayor to open Public Hearing, and then close it. Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2700 block between Raleigh Avenue and Salem Avenue, approving plans and specifications and authorizing receipt of bids. Background: At its April 21, 2003 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley in the 2700 block between Raleigh and Salem Avenues, and scheduled a Public Hearing and Assessment Hearing for May 19, 2003. General background information on the alley project is summarized below: Location: 2700 block between Raleigh Avenue and Salem Avenue Proposed Project: Paving existing gravel alley with concrete Estimated Cost: $54,146 Assessment Data: 100% of the cost for the concrete alley paving is proposed to be assessed to the abutting property owners. The costs will be apportioned in accordance with the City’s special assessment policy with direct and indirect benefits. The estimated assessment for a typical 40 foot lot is $2,808.00 payable over 20 years. Parcels Within Assessment District: 19 Neighborhood Meeting Comments: On Wednesday, May 7, 2003, staff held a neighborhood meeting for abutting property owners to discuss the proposed project. A notice of this meeting was sent to all property owners adjacent to this project. A total of four (4) residents representing three (3) properties attended the meeting. Staff reviewed the proposed project, construction issues and schedule along with the assessment costs. Staff responded to residents’ questions and had the preliminary plans available for their review. One issue of concern that was raised at the meeting questioned the formula for lots with no garage on the alley and the relative benefit to those properties. One design issue was raised at the meeting concerning settling and poor soils in the vicinity of the existing catch basin. Staff agreed to investigate sub-cutting this area to remove a portion of the bad soils, if they are encountered, and fill in the area with good base material, as a part of the project. This should alleviate St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 2 of 6 concerns about concrete settlement and/or heaving of the panels. This additional cost has been included in the estimated cost listed above. Residents also questioned the guarantee period for the alley. Staff’s response is that the project has a guarantee from the contractor for workmanship of one year. After that time, the City will correct safety issues in the alley but will not address superficial or aesthetic issues such as cracks or settling. No re-assessment for alley repairs would occur for the next 20 years. Notification: Abutting property owners have received written notice of the public hearing and assessment hearing. Project Timetable: In order to obtain potentially lower construction costs, staff is proposing to bid this alley with the one in the 2900 block of Salem & Toledo Avenues, (if it progresses). This required staff to modify the timeline slightly from that written in the City Engineer’s Report. Staff feels that the following project schedule can be met: • Public Hearing & Assessment Hearing May 19 • Advertise for bids June • End of 30 Day Appeal on Assessments June 19 • Bid Opening July 8 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project at this time if there are any assessment appeals July 21 • Pre-construction neighborhood meeting Week of July 28 • Construction July/August, 2003 Total construction time should be 3-4 weeks. Recommendation: Staff recommends proceeding with this project as outlined above and in the earlier City Engineer’s Report dated April 21, 2003. Attachments: Resolution Neighborhood Meeting Attendance List City Engineer’s Report Prepared by: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 3 of 6 RESOLUTION NO. 03-057 RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE 2700 BLOCK BETWEEN RALEIGH AVENUE AND SALEM AVENUE, AND APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, pursuant to a resolution passed by the City Council of the City of St. Louis Park on the 21st day of April, 2003, the City Engineer has prepared plans and specifications for the construction of a concrete alley in the 2700 block between Raleigh Avenue and Salem Avenue and has presented such plans and specification to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The proposed project is hereby established and ordered. 2. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 3. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than twenty one (21) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 4. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the July 21, 2003 regular City Council meeting. Reviewed for Administration: Adopted by the City Council May 19, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 4 of 6 NEIGHBORHOOD MEETING 5/7/03 ATTENDANCE LIST 2700 BLOCK OF RALEIGH/SALEM AVENUES & 27TH/28TH STREET: CONCRETE ALLEY PAVING Name Address Terry Meland 5118 W. 28th Street Ben Friswold 2719 Salem Avenue So. Brian & Deb McBride 2737 Salem Avenue So. St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 5 of 6 ****REPORT FROM MEETING OF APRIL 21, 2003**** 4d. Motion to adopt the attached resolution 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. Background: On March 5, 2003, the residents in the 2700 block between Raleigh Avenue and Salem Avenue submitted a petition to the City requesting that the alley adjacent to their properties be paved in accordance with the City’s standard for alleys. The petition was signed by enough property owners (52.8%) to advance the project. The City’s policy states that at least 51% of the properties must sign the initial petition. 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 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 additional storm sewer construction. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. The Policy also provides for the assessments to be levied as direct and indirect benefits based upon abutting frontage. To assist the petition sponsor, City staff provides the petition forms and a rough estimate of the alley construction cost before the sponsor begins to gather signatures. The original estimate for construction of this alley was $61,500. Based on the preliminary plans prepared by staff, the St. Louis Park City Council Agenda Item: 051903 - 6a - Raleigh-Salem Alley Paving Public Hearing Page 6 of 6 estimated cost has been revised to approximately $54,200. An estimate of the assessment amount for each property is attached (based on the $54,200 amount). These costs are still estimates. The final assessment will be based on the actual costs of the project. The City Assessor is still working to make a determination on whether 2719 Salem Avenue receives direct benefit or not. This may result in a change to the final cost allocation. A summary of the estimated costs and revenue sources is as follows: Estimated Costs: Construction Costs $ 43,950 Contingency (10%) $ 4,395 Subtotal $ 48,345 Engineering & Administrative (12%) $ 5,801 TOTAL $ 54,146 Revenue Sources: Special Assessments $ 54,146 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 April 21, 2003 • Staff holds informational meeting with residents May 7, 2003 • City Council holds Public Hearing & Assessment Hearing May 19, 2003 • Advertise for bids June • Bid Opening June 24, 2003 • End of 30 Day Appeal on Assessments June 19, 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, 2003 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 7th, prior to the Public Hearing/Assessment Hearing, to inform residents of the process and to 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. St. Louis Park City Council Agenda Item: 051903 - 6b - Raleigh-Salem Alley Paving Assessment Hearing Page 1 of 3 6b. Assessment Hearing for Project 03-xx Alley Paving located at the 2700 block between Raleigh Avenue S. and Salem Avenue S. Recommended Action: Mayor to close public hearing. Motion to adopt the attached resolution establishing the assessment for Project No. 03-xx Background: At its April 21, 2003 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley for the 2700 block between Raleigh Avenue S. and Salem Avenue S. The City’s assessment policy (Res. #00-078) for funding alley improvements requires abutting property owners to pay 100 % of the improvement costs. A petition, signed by at least 51% of the benefitted property owners, has been submitted to the City. A petition was received in the Assessing Division that was signed by 53% of the benefited property owners. A neighborhood meeting attended by 4 property owners was held May 7, 2003. Staff reviewed the proposed construction, assessment costs and construction schedule. The property owners who attended the meeting favored the construction project and assessments. The purpose of holding the assessment hearing prior to completion of the project is to allow the City to consider any objections to the assessment or the project - before it is built. Estimated cost: $54,146 Total Assessment: $54,146 Number of parcels: 19 Assessment Period: 20 years Interest rate: 5.90% Assessment Charge for a 50 front foot lot: $3,510 Annual Payment - • Principal $176 • Interest $207 Total Payment $383 Attachments: Resolution Assessment Spread Sheet Map Prepared by: Bruce Stepnick, City Assessor Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903 - 6b - Raleigh-Salem Alley Paving Assessment Hearing Page 2 of 3 RESOLUTION NO. 03-058 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 03-XX, ALLEY PAVING IN THE 2700 BLOCK BETWEEN RALEIGH AVENUE AND SALEM AVENUE. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on May 5, 2003 and published in the official City newspaper, the St__Louis_Park_Sailor, on May 8, 2003 and May 15, 2003 as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 2003, and payable in the year 2004 , and shall bear interest at the rate of 5.90 percent per annum. To the first installment shall be added interest on the entire assessment from November 1, 2003, until December 31, 2003, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all unpaid installments. No interest will be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The location of the construction improvement over which installments are to be extended for a period of 20 years is as follows: Improvement # Type of Improvement Location 03-XX Alley Paving 2700 block between Raleigh Avenue S. and Salem Avenue. 5. The Assessor’s Office shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Reviewed for Administration: Adopted by the City Council May 19, 2003 ____________________________ ______________________________ City Manager Mayor Attest: _________________________ City Clerk St. Louis Park City Council Agenda Item: 051903 - 6b - Raleigh-Salem Alley Paving Assessment Hearing Page 3 of 3 Estimated Cost: $54,146 70% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) (A) Direct Benefit: 670 total footage and $56.57 per front foot (B) Indirect Benefit: 1192 total footage and $13.63 per front foot. total $54,146.00 direct $37,902.20 indirect $16,243.80 ********* Indirect ******************** Direct **********Total Indirect Direct Direct & Address Ind feet % Indirect Allocation Dir feet % Direct Allocation Indirect 2700 Raleigh Ave S 36 3.02 $491 0 0.00 $0 $491 2704 Raleigh Ave. S.40 3.36 $545 40 5.97 $2,263 $2,808 2708 Raleigh Ave S 60 5.03 $818 60 8.96 $3,394 $4,212 2716 Raleigh Ave S 60 5.03 $818 0 0.00 $0 $818 2724 Raleigh Ave S 80 6.71 $1,090 80 11.94 $4,526 $5,616 2730 Raleigh Ave S 80 6.71 $1,090 80 11.94 $4,526 $5,616 2738 Raleigh Ave S 70 5.87 $954 70 10.45 $3,960 $4,914 2744 Raleigh Ave. So.70 5.87 $954 0 0.00 $0 $954 5100 28th St. W.100 8.39 $1,363 0 0.00 $0 $1,363 5118 28th St. W.120 10.07 $1,635 0 0.00 $0 $1,635 2701 Salem Ave. S 76 6.38 $1,036 0 0.00 $0 $1,036 2709 Salem Ave. S 50 4.19 $681 50 7.46 $2,829 $3,510 2715 Salem Ave. S.50 4.19 $681 50 7.46 $2,829 $3,510 2719 Salem Ave. S.60 5.03 $818 0 0.00 $0 $818 2727 Salem Ave. S.53 4.45 $722 53 7.91 $2,998 $3,720 2731 Salem Ave. S.53 4.45 $722 53 7.91 $2,998 $3,720 2737 Salem Ave. S.54 4.53 $736 54 8.06 $3,055 $3,791 2741 Salem Ave. S.40 3.36 $545 40 5.97 $2,263 $2,808 2745 Salem Ave. S.40 3.36 $545 40 5.97 $2,263 $2,808 2751 Salem Ave. So.0 0.00 0 total 1,192 100 16,244 670 100 $37,902 $54,146 St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 1 of 9 8a. Daniel Yavner (Metropolitan Open School) request for a Conditional Use Permit for a small school in the R4 district at 3390 Library Lane. Case Nos. 03-15-CUP 3390 Library Lane Recommended Action: Motion to adopt a resolution approving the conditional use permit, subject to conditions in the resolution Zoning: R4, Multi-Family Residential Comprehensive Plan Designation: Medium Density Residential Background: Daniel Yavner recently purchased a single family home at 3390 Library Lane, which is zoned R- 4, Multi-family Residential, with the intent to lease the property to Metropolitan Open School. Metropolitan Open School currently leases space within the Perspectives building at 3381 Gorham Ave. However Perspectives is expanding their use of the building; thus the lease was not renewed. Upon reviewing the zoning code conditions Mr. Yavner found he could not meet some setback requirements and submitted an application for a zoning text amendment to accommodate this use. On April 7, 2003, the City Council approved a zoning code amendment to the R4 district, which would allow small educational facilities, limited to 20 students, to be exempt from certain setback requirements, subject to the approval of a conditional use permit. This text amendment became effective on May 5, 2003. Mr. Yavner is currently requesting a conditional use permit for the school. The Metropolitan Open School is a small, private, “one-room” school. The school will have one classroom, a study/computer/nonfiction library, a teachers’ office, and a multipurpose room used for the entrance, for group activity, lunch, and a fiction library (see attached application materials for more details). Students usually walk to a nearby park for recess, weather permitting. Ruth Carp, Director of the Metropolitan Open School stated she anticipates occasionally using space in the yard to conduct outdoor educational activities. On May 7, 2003, the Planning Commission held a public hearing and unanimously voted to recommend approval of the conditional use permit subject to conditions included in the proposed resolution. Issues: • Does the proposal meet the Conditional Use Permit requirements for schools in an R-4 district? • Are other Zoning Ordinance standards being met including R-4 standards? St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 2 of 9 • Are there other issues? Issues Analysis: • Does the proposal meet the Conditional Use Permit requirements for schools in an R-4 district? The current zoning on the subject property is R-4, “Multi-Family”. Educational facilities are exempt from certain setbacks by conditional use in this district. Conditions established by the Zoning Code include: 1. The school is limited to 20 or fewer students. This condition is met. The school currently has 12 students, and two full-time teachers. The applicant has stated that the school has never had more than 16 students in its 30 years of operation. The 20 student maximum is included as a condition of approval in the resolution. 2. The school is limited to grades k-8. This condition is met and is included in the resolution. The school teaches grades kindergarten through eighth grade. 3. An off-street school bus pickup and drop-off area shall be provided in order to maintain vehicular and pedestrian safety. This condition is met. The applicant has proposed to provide a drop-off area to the rear of the house between the rear entrance (which will become the main entrance) and the alley running along side the lot. Three parking spaces, one handicapped accessible, are proposed to be directly off of the alley. The Public Works Department reviewed the proposed parking and determined the alley is too narrow to allow for comfortable turning movements into and out of the proposed spaces, but suggested that angle parking would work in this location. The ordinance does not allow vehicles to back out onto public streets but does not restrict backing into an alley. Therefore, this would not require a variance. With angle parking, staff and the Planning Commission recommend making this adjacent section of the alley a one-way heading southwest. This has been included as a condition in the resolution. The applicant indicated that the children are dropped off between 8:25 and 8:45 in the morning and are picked-up after 3:30 and 4:00 p.m. The school stated that the children either walk or are dropped off by their parents. Today, the parents drop off the children in the alley behind Perspectives where the children then enter through a rear entry. The applicant also indicated that they will make an effort to encourage drop-off traffic to use the shorter commercial alley instead of the long branch that runs between the residential properties to the northwest to eliminate any impacts on neighboring residential property. To limit any potential impacts on the alley, staff and the Planning Commission recommend that only automobiles and passenger vans be allowed to use the alley for pick-up and drop-off. This St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 3 of 9 is the same condition required for schools in the C2, commercial district. Metropolitan Open School did not have any concerns with this requirement with their current location. 4. Outdoor open space that may be used for recreational or other outdoor activities must provide a bufferyard C along any abutting lot located within an R district. This bufferyard shall include an F3 fence. The proposed landscaping plan submitted provides a 6 foot high wooden fence (F3 fence) along the lot line abutting the residential property. The plan proposes to install evergreens and deciduous shrubs to meet plant unit requirements. Some of the proposed plants do not meet bufferyard requirements; therefore the minimum number of plant units has not been met. In addition, the ordinance requires a diversity of plant materials and the proposed plan does not meet this requirement. Staff and the Planning Commission recommend the plans be revised to meet the minimum diversity requirements and to provide additional plant units and that the revised plan be approved by the Zoning Administrator as an official exhibit prior to any site work. 5. The school property shall not adjoin any R-1, R-2, or R-3 property that is used or subdivided for residential. This condition has been met. The property is bound by an alley on both the southeast and southwest sides. Commercially zoned and used properties are across the alley on both these sides. An apartment building, zoned R4, Multi-family, is adjacent to the subject property on the northwest (see attached map). 6. The school building must be residential in character. This condition is met. A single family home currently exists on the property. The applicant proposes to make interior modification to suit the school and has met with the City’s Building Official and Fire Department to discuss code requirements. The applicant contemplates making no changes to the exterior of the building. Staff and the Planning Commission recommend a condition permitting this use of this structure to be converted back into a single-family residence upon termination of the school’s lease. • Are other Zoning Ordinance standards being met including C-2 standards? Landscaping: The proposed landscape plans do not meet bufferyard requirements on both of the alley sides of the property (the southeast and southwest sides). Staff encourages the installation of a wooden or decorative fence or low wall which would help the applicant meet the bufferyard requirements. Staff is willing to work with the applicant on the landscape revisions. Staff and the Planning Commission recommend this be submitted and approved by the Zoning Administrator prior to any site work. Parking: The ordinance requires two parking spaces per classroom. Metropolitan is proposing to have one classroom with two full-time teachers. The plans submitted propose three parking spaces to the rear of the building. A single car garage currently exists on site. Because the St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 4 of 9 teachers will arrive at the school before children are dropped off, staff recommends the teachers be required to utilize the garage and drive way to park their vehicles. This will leave the three parking spaces off the alley open for pick-up and drop-off. Signage: The applicant has not submitted a signage plan, however has indicated that they would like to install a small freestanding sign in front of the building. Such signs must meet setback requirements, in this case appears to be 30 feet. Signs in the R-4 District are generally allowed to be up to 25 square feet. However, on this small historically single-family property, a sign that size would be out of scale. Properties up to 15,000 sq. ft. in the R-3 District are limited to 2 sq. ft. of signage. Since this is a higher density district, staff and the Planning Commission recommend allowing up to 6 sq. ft. on this property, which is the maximum size for any sign on most small properties. Prior to the installation of any sign, the applicant must obtain sign permits. Are there any other issues? The applicant has met with the Fire and Inspections departments to review preliminary building plans and no significant issues or concerns were raised. All applicable building, fire, and ADA code requirements will have to be met prior to issuance of any building permits. Staff suggests the applicant meet again with the Building Inspections and Fire Department to further discuss requirements. Recommendation: Staff and the Planning Commission recommend approval of the preliminary and final plat subject to the conditions in the resolution. Attachments: • Proposed Resolution • Location map • Unofficial Planning Commission minute excerpts • Application materials & Development plans (Supplement) • Neighbor’s correspondence (Supplement) Prepared by: Julie Grove, Associate Planner, 952-928-2841 Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 5 of 9 RESOLUTION NO. 03-058 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN INSTITUTIONAL USE FOR PROPERTY ZONED R-4 MULTI-FAMILY RESIDENTIAL DISTRICT LOCATED AT 3390 LIBRARY LANE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Daniel J. Yavner, President (3390 Library Lane, LLC) has made application to the City Council for a Conditional Use Permit under Section 36-166 of the St. Louis Park Ordinance Code for the purpose of permitting a small educational facility within a R-4 Multi-Family Residential District located at 3390 Library Lane for the legal description as follows, to-wit: Lots Twenty-six (26), Twenty-seven (27) and Twenty-eight (28), Block One Hundred Seventy-five (175), “Re-arrangement of St. Louis Park” 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-15-CUP) and the effect of the proposed educational facility on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the educational facility will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed educational facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 03-15-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a small educational facility at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the official exhibits, which shall be revised before signing to meet the following conditions: St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 6 of 9 a. Landscape plans shall be revised to meet bufferyard requirements as approved by the Zoning Administrator. b. Parking spaces on the site plan shall be revised to accommodate angled parking and a one-way alley. 2. Prior to issuance of building permits or commencing any site work, the developer shall meet the following requirements: a. Any other necessary permits from other agencies shall be obtained. b. The applicant and property owner, if different, shall sign the assent form and revised official exhibits. c. All required permits shall be obtained from the City, including a building permit, which may impose additional requirements. d. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the estimated cost of the required landscaping, and parking. . e. Meet any Fire Department emergency access requirements for during construction. 3. The developer/owner shall comply with the following conditions. a. 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. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets and alleys shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 4. The school is limited to a maximum of 20 students in grades K-8 only. 5. Employees shall park in the garage and front driveway only. 6. Students shall be dropped off and picked-up at the three angled parking spaces adjacent to the alley. 7. School traffic on the alley shall be limited to automobiles and passenger trucks, which shall exit the alley at Brownlow Ave. thus avoiding that portion of the alley adjacent to single-family residential properties. 8. The school building shall be maintained to appear as a single-family residence and no exterior building modifications shall be made without amending the conditional use permit in accordance with ordinance requirements. 9. Signage on the property shall be limited to a maximum of 6 square feet. Prior to installation of any signs or new sign faces the applicant shall obtain sign permits. 10. The owner shall pay an administrative fine of $750 per violation of any condition of this approval. 11. The school building may be converted back into a single-family residence and at such time must comply with all applicable Codes. St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 7 of 9 Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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 19, 2003 City Manager Mayor Attest: City Clerk . St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 8 of 9 Location Map E A F D R WALKER ST WO 2ND ST NWID A H O A V E S LIB R A R Y L A N E B R O W N L O W A V E R E P U B LIC A V EGORHAM AVE1ST ST NWG E O R GIA A V E S DAKOTA AVE SFREEDOM PARK SENIOR HIGH SCHOOL PARKVIEW PARK Subject PropertyLake St W St. Louis Park City Council Agenda Item: 051903- 8a - Metro Open School CUP Page 9 of 9 Excerpts – UNOFFICIAL MINUTES Planning Commission May 7, 2003 3B. Case No. 03-15-CUP--Request for a Conditional Use Permit for a small school in the R4 district at 3390 Library Lane Associate Planner Julie Grove presented a staff report regarding the applicant’s request for a conditional use permit for the Metropolitan Open School. The applicant is Daniel Yavner, 3119 Zarthan Avenue South. Ms. Grove said staff will continue to work with the applicant on the bufferyard requirements and revised landscape plan. Staff is recommending no more than a six square foot signage, and the applicant must obtain a sign permit. Commissioner Timian asked if it is necessary to have a sign. Mr. Yavner said he is proposing a sign that is similar to the type of sign real estate agents place in front of a house, i.e., a single arm on a post. Mr. Yavner stated that no changes will be made to the exterior of the building. Chair Robertson opened the public hearing. Ruth Carp, Director of Metropolitan Open School, 3381 Gorham Avenue South, said the sign would help people find the school, and she would be willing to place a sign on the house. Planning and Zoning Supervisor Janet Jeremiah said the setback requirement for the sign would be the same as the setback for a building wall in the district, therefore, it is likely that the applicant would have to hang a sign from the front of the building. Chair Robertson closed the public hearing. Chair Robertson reported that an e-mail communication from Mavis Harrison, 3361 Library Lane, was distributed to Planning Commissioners. Ms. Harrison expressed her opposition to the application related to increased foot and vehicle traffic in a residential neighborhood. Commissioner Gothberg suggested the applicant provide information to Ms. Harrison regarding the size of the school and the number of students. It was moved by Commissioner Morris, seconded by Commissioner Basill, to recommend approval of the conditional use permit subject to conditions as recommended by staff. The motion passed 6-0. Prepared by: Linda Samson, Recording Secretary