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Home My WebLink About2003/06/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 2, 2003 – 7:30 p.m. Economic Development Authority – 7:25 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations - None 3. Approval of Minutes a. City Council Minutes of May 19, 2003 Document b. City Council Study Session Minutes of April 21, 2003 Document c. City Council Study Session Minutes of May 5, 2003 Document d. City Council Study Session Minutes of May 12, 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 - None 6. Public Hearings 6a. Public Hearing: Alley Paving – 2900 Block between Salem Avenue and Toledo Avenue Document This report considers paving the alley in the 2900 block between Salem and Toledo 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 2900 block between Salem Avenue and Toledo Avenue, approving plans and specifications and authorizing receipt of bids, subject to the acquisition of easements. 6b. Assessment Hearing for Project 03-______ Document Alley Paving located at the 2900 block between Toledo 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-____ 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a 2003 Sidewalk & Trail Improvement Project–Project No. 03-01A Document This report considers the construction of various sections of new sidewalk and trail in accordance with the City’s sidewalk, trails, and bikeway plan Recommended Action: Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk and bituminous trail. 8b Wendy’s request for a Conditional Use Permit for in-vehicle sales/service (drive-through use). Document Case 03-03 CUP 5001 Excelsior Blvd Recommended Action: Motion to adopt a resolution denying the Conditional Use Permit in accordance with the findings included in the resolution. 8c. Resolution confirming the appointment of Clint Pires to the position of Director of Technology and Support Services Document Recommended Action: Motion to adopt resolution confirming the appointment of Clint Pires to the position of Director of Technology and Support Services effective June 16, 2003 8d. Confirmation of Appointment of Tom Harmening as Deputy City Manager Document Recommen ded Action: Motion to adopt resolution confirming the appointment of Tom Harmening as Deputy City Manager effective June 16, 2003 8e. Resolution declaring a vacancy in Council - Ward Two, appointing an eligible person to fill the vacancy and calling for a special election to be held November 4, 2003 Document Recommended Action: Motion to adopt Resolution declaring a vacancy in Council - Ward Two, appointing an eligible person to fill the vacancy and calling for a special election to be held November 4, 2003 8f. Executive Session – Pending Litigation ASK Properties 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 June 2, 2003 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the June 16, 2003 City Council meeting. Case No. 03-01- VAR: Walser Ford. Document 4b Motion to adopt resolution accepting work on storm sewer and utility improvements city project Nos. 00-07, 01-08, 01-09 Contract No. 111-01 Document 4c Motion to accept for filing Parks and Recreation Advisory Commission Minutes of April 23, 2003 Document 4d Motion to adopt a resolution authorizing installation and special assessment of a fire sprinkler system at 5600 Excelsior Boulevard and directing the Mayor and City Manager to execute a special assessment agreement with the property owner. Document 4e Traffic Study No. 577: Motion to adopt the attached resolution authorizing the installation of stop signs at Dakota Avenue and Walker Street Document 4f Motion to accept for filing the Planning Commission Minutes of May 7, 2003 Document 4g Motion to accept for filing the vendor claim report (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING June 2, 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: 060203 - 3a - May 19 Council Meeting Minutes Page 1 of 6 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 19, 2003 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 Maor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); City Assessor (Mr. Stepnik); City Engineer (Ms. Hagen); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Associate (Ms. Grove); and Recording Secretary (Ms. Samson). 2. Presentations 2a. National Public Works Week Mayor Jacobs read a proclamation to recognize National Public Works Week for the week of May 18-24, 2003. 2b. Parktacular Ambassadors Presentation Scott Shmikler, Parktacular Boardmember, presented information on the 2003 Parktacular, which begins on June 17th, with the Parktacular parade, on a new parade route, on June 18th. Mr. Shmikler briefly summarized upcoming events and distributed brochures and Parktacular buttons. 3. Approval of Minutes 3a. City Council Minutes of May 5, 2003 The minutes were approved as presented. 3b. Study Session Minutes of April 28, 2003 From Councilmember Omodt: Page 2, Item 2, Paragraph 4: delete three or four and replace with some. From Councilmember Omodt: Page 3, Item 2, at the top of the page: At the end of the first sentence add: for groups not currently assessed the additional $10.00. St. Louis Park City Council Agenda Item: 060203 - 3a - May 19 Council Meeting Minutes Page 2 of 6 From Councilmember Nelson: Page 2, Item 2, Paragraph 6: delete tear out and replace with bring back this item for further discussion. 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 Adopt Resolution No. 03-050 approving a transit-oriented development grant/loan application to Hennepin County Department of Housing, Community Works and Transit 4b Adopt Resolution No. 03-051 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 4c Adopt Resolution No. 03-052 authorizing the installation of stop signs at Gorham Avenue at 2nd Street NW 4d Adopt Resolution No. 03-053 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 4e Adopt Resolution No. 03-054 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 4f Adopt the Resolution No. 03-055 authorizing the installation of stop signs at Dakota Avenue and Walker Street (Note: This item moved to Regular Agenda). 4g Adopt Resolution No. 03-056 accepting this report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids 4h Approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the June 2, 2003 City Council meeting 4i 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 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 4k Motion to accept for filing the minutes of the Human Rights Commission meeting of March 19, 2003 St. Louis Park City Council Agenda Item: 060203 - 3a - May 19 Council Meeting Minutes Page 3 of 6 4l Motion to accept for filing the minutes of the Parks and Recreation Advisory Commission meeting of February 19, 2003 4m Motion to accept for filing the minutes of the Planning Commission meeting of April 23, 2003 4n Motion to accept for filing the minutes of the Housing Authority meeting of April 9, 2003 4o Motion to accept vendor claims for filing (Supplement) Councilmember Omodt requested Item 4f be moved from the Consent Agenda to the Regular Agenda as Item 8b. It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 7-0. 5. Boards and Commissions: None 6. Public Hearings 6a. Public Hearing: Alley Paving – 2700 Block between Raleigh Avenue and Salem Avenue City Engineer Maria Hagen presented a report. Ms. Hagen said some residents raised concerns about settling and poor soils in the vicinity of the catch basin, and Staff will investigate those concerns. The question of relative benefit to indirect property owners was brought up during a neighborhood meeting, and questions about a 20-year guarantee. Ms. Hagen also reported that a 30-day waiting period will follow the assessment hearing tonight. Ms. Hagen said construction could begin in late July or early August, 2003. Mayor Jacobs opened the public hearing. Ben Friswold, 2719 Salem Avenue South, attended the neighborhood meeting, and he thinks the property owners on the block are torn between those who have access to the back (alley) and those who do not. Mr. Friswold said his garage faces the front (street) and, from his perspective, he does not see any value in the proposal to pave the alley. Mr. Friswold commented that he would be charged a fee for the next 20 years. He also said the assessment could be a hindrance if he were to sell his home, and he thinks it could hurt his ability to sell his home for fair market value. Mr. Friswold said a paved alley may cause some motorists to drive faster. Mr. Friswold said 11 property owners have direct assess to the alley, and nine do not, and the vote was 11-9, although one may have switched. He said that seems unfair. He added that he will not let his 18-month-old St. Louis Park City Council Agenda Item: 060203 - 3a - May 19 Council Meeting Minutes Page 4 of 6 child play in the backyard during construction. Mr. Friswold respectfully asks Council to vote no. Mayor Jacobs asked about assessment fees for those who access the alley directly and those who do not. City Assessor Bruce Stepnik said those who have garages on the alley will be assessed 70%, and for those with an indirect benefit, the assessment will be 30%. It was noted that Mr. Friswold would receive an indirect benefit. Brian and Deb McBride, 2737 Salem Avenue South, initiated the petition. Mr. McBride said they went to every home on the Salem and Raleigh blocks to ask property owners their opinions about the alley paving. Mr. McBride said the alley is in rough shape, and those who have garages facing the alley favor the petition, and some whose garages do not face the alley signed the petition. He said there is a strong pro-sentiment to have the alley paved. Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-056 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. The motion passed 7-0. 6b. Assessment Hearing for Alley Paving Project 2700 Block between Raleigh and Salem Avenue. Resolution No. 03-057 Mr. Stepnik said the total assessment for alley paving located at the 2700 block between Raleigh Avenue South and Salem Avenue South is $54,000, with 19 properties involved, a 20-year period to payoff the special assessment, and an interest rate at 5.9%. Mr. Stepnik said the City shall wait 30 days for any appeals to be made. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. Councilmember Santa asked for clarification regarding a homeowner’s option to pay for the assessment, i.e., pay over 20 years or pay in full. Mr. Stepnik said that is correct and he added, one can pay the entire amount before November 15th or it will be certified to the property taxes over a 20-year period. Mr. Stepnik said there is a third option, one can pay the entire amount in the third or fifth year. St. Louis Park City Council Agenda Item: 060203 - 3a - May 19 Council Meeting Minutes Page 5 of 6 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-057 establishing the assessment improvement alley paving in the 2700 block between Raleigh and Salem Avenue. The motion passed 7-0. 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. Resolution No. 03-058 Ms. Grove presented a Staff report. The Applicant, Daniel Yavner, is requesting a CUP. Ms. Grove said Staff and the Planning Commission recommend approval with conditions regarding an off-site drop off and pick up area for students; the two teachers use an existing one-car garage and drive way; landscape plans need a little more work and the final exhibits should be revised to incorporate the required bufferyard; and signage to be a maximum of six square feet, which would require a sign permit. Mr. Yavner, 3319 Zarthan Avenue South, said he is hopeful to open the school this fall. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 03-058 approving the conditional use permit, subject to conditions in the resolution. The motion passed 7-0. 8b. Motion to adopt the attached resolution authorizing the installation of stop signs at Dakota Avenue and Walker Street Councilmember Omodt said he would like more information from Staff on this item regarding the traffic studies; if neighborhood residents were polled; if nearby businesses were polled; and what is the big picture for traffic for this entire area? Councilmember Omodt favors the four-way stop but he would like to know what process was used to get where this item currently stands, and his inquiry includes all constituent groups in this neighborhood. It was moved by Councilmember Omodt, seconded by Councilmember Santa, to continue this item to June 2, 2003. The motion passed 7-0. 9. Communications St. Louis Park City Council Agenda Item: 060203 - 3a - May 19 Council Meeting Minutes Page 6 of 6 From Mayor Jacobs: Mayor Jacobs thanked those involved in the Children First Ice Cream Social, which was held in Wolfe Park. 10. Adjournment - Mayor Jacobs adjourned the meeting at 8:05 p.m. ___________________________________ ___________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 060203 - 3b - April 21 Study Session Minutes Page 1 of 2 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION Minutes of April 21, 2003 The meeting convened at 8:28 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Deputy City Manager (Mr. Pires), Community Development Director (Mr. Harmening), Finance Director (Ms. McGann), Public Works Director (Mr. Rardin), Human Resources Director (Ms. Gohman); Director Parks and Recreation (Ms. Walsh), Director of Inspections (Mr. Hoffman), Police Chief (Mr. Luse), Fire Chief (Mr. Stemmer), and Recording Secretary (Ms. Samson). 1. 2003-2004 Budget Deficit Reduction Proposal City Manager Charlie Meyer presented an overview of the 2003-2004 budget deficit reduction proposal. Memorandum provided to the Councilmembers addressed fund balances and reserves; proposed human resource incentives, such as Early Retirement Incentive Program, Voluntary Leave Without Pay Program, and Reduction of Work Hours Request; and franchise fee implementation. The proposals mentioned above are associated with the General Fund. Mr. Meyer stated that one assumption in the preparation of the budget plan is that St. Louis Park would no longer self-insure for workers’ compensation, and the City will look to the League of Minnesota Cities for advisement. Mr. Meyer spoke about the 2004 Plan, which will be the new base of operations for the foreseeable future. Mr. Meyer said, hopefully, attrition, through the Early Retirement Incentive Program, will minimize the number of City employees to be laid-off. Mr. Meyer discussed reinstatements. Mr. Meyer stated that utility franchise fees will be used to generate revenue. Deputy City Manager Clint Pires arrived at 8:50 p.m. Finance Director Jean McGann discussed fund reserves and fund balances. Staff requested feedback from the Councilmembers regarding: 1) Early Retirement Incentive—Mayor Jacobs and Councilmember Santa said yes, to the early retirement incentive, and Councilmember Sanger said yes, but it does not go far enough; 2) public safety dispatch operations--Mr. Meyer said the City is considering alternatives to the current structure of in-house dispatching, and Councilmembers favor exploring alternatives. One alternative being proposed is the consolidation of public safety dispatch with other cities, which could result in the St. Louis Park/Golden Valley dispatch center being closed. St. Louis Park City Council Agenda Item: 060203 - 3b - April 21 Study Session Minutes Page 2 of 2 Councilmembers were informed that the Early Retirement Incentive Program would not include police officers and fire fighters. Councilmember Sanger strongly suggested that Councilmembers lead by example and implement a pay freeze or a pay cut for themselves. Mayor Jacobs and Councilmember Sanger suggested cutting travel expenses. Councilmember Velick favors a pay freeze and the cutting of travel expenses. Mr. Meyer said Minnesota statutes may prohibit any immediate changes in the amount of compensation for Councilmembers, however, he will consult with the appropriate individuals on that matter. Councilmember Brimeyer said he is impressed by the budget package the City Manager and Department Directors have presented. He suggested Councilmembers talk to department heads on a department-by-department basis. Given the budget cuts, Councilmember Brimeyer would like to have a few more Study Session budget meetings to discuss the impending changes to the levels of services. Councilmember Brimeyer would also like to engage the public on what is being contemplated. Mayor Jacobs stated that perhaps it would be possible to enlist neighborhood help, i.e., members of neighborhood associations, and other interested individuals, could be asked to volunteer to staff warming houses, etc. Mr. Meyer said Department Directors will be asked to return to Study Sessions to discuss the budget cuts for their respective departments in greater detail. Councilmember Sanger suggested looking to the School Board and consider writing grants. 2. Adjournment The meeting was adjourned at 9:58 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 060203 - 3c - May 5 Study Session Minutes Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION May 5, 2003 The meeting convened at 8:00 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Deputy City Manager (Mr. Pires), Community Development Director (Mr. Harmening), Economic Development Coordinator (Mr. Hunt); Director of Inspections (Mr. Hoffman), and Recording Secretary (Ms. Samson). Also present: Steven Bubul, Kennedy & Graven, and John D. McCain, Belt Line Industrial Park, Inc. 1. Proposed Wolfe Lake TIF District—Final Application Mr. Hunt reported on Mr. McCain’s final application for TIF assistance for Belt Line Industrial Park, Inc., which is a proposed office and commercial redevelopment project. Councilmember Nelson asked how the applicant closed the gap. Mr. Harmening said the interest rate has been lowered. Mr. Hunt said the LHB Engineers and Architects draft report states that the development meets the qualification tests for tax increment eligibility. Mr. Bubul stated that one condition that must be met for TIF eligibility, is that one building must be determined to be substandard. A building is considered substandard if the cost to repair it is 15% greater than it is to build it. Mr. Bubul said that it is the developer’s judgment to determine what the risks are. Mr. Bubul indicated to go forward with the final application. Councilmember Sanger asked if the developer could acquire insurance. Mr. Bubul said he has not heard of any insurance for TIF. Mr. Bubul suggested the City request the League of Minnesota Cities to review the code issues again. Mayor Jacobs suggested moving forward with the final application, however, he also stated that perhaps LHB Engineers and Architects should review the property again. Mr. Harmening said this item will return on May 19, 2003. 2. Budget Proposal Review Mr. Meyer said there is a new formula for LGA distribution and, at this time, he does not know about caps. There was discussion regarding LGA. St. Louis Park City Council Agenda Item: 060203 - 3c - May 5 Study Session Minutes Page 2 of 3 Councilmember Santa commented that people are asking that taxes be raised. Budget: Community Development. Mayor Jacobs and Councilmember Brimeyer brought up raising taxes by referendum. Other revenues streams discussed were: charge rent to the EDA; increase rent to the Housing Authority; fee increases in regard to planning and zoning; initiate charging for re-subordination fees; and increase fees for Section 8 housing rentals. Mr. Harmening distributed a flow chart called Funding Shifts/Flow of Funds. Mr. Harmening’s overall approach is to create new revenues, cut expenses and appropriations, and shift expenses and appropriations to non-General Fund sources. Mr. Harmening discussed his shifting mechanisms, which are outlined in his flow chart. Mr. Harmening is also suggesting budget reductions and shifts for nonprofit support, such as STEP, Senior Community Services, and neighborhood grant programs. He said the City must look at all cuts for “our” social services for balance. There was discussion regarding St. Louis Park’s role in funding social services. Mr. Meyer stated that it could be helpful to have specific agencies at the City’s disposal for their specific expertise. The Council would like to discuss social services in greater detail. Budget: Inspection Department. Mr. Hoffman distributed his Budget Deficit Reduction Proposal. Mr. Hoffman said the Inspections Department will become multi-tasked. The paid internship for a health inspector has been eliminated. His proposal also listed additional staff reduction, housing and property maintenance services, and permit and licensing fees. Mr. Hoffman stated that licensing fees for food services, multi-family housing, and lodging will likely increase. Mayor Jacobs stated that there continues to be a need for random inspections in restaurants. Budget: Information Technology. Mr. Pires distributed his Budget Deficit Proposal, IT and Cable TV Items and Impacts. Mr. Pires’ items included: cable TV franchise allocation; cable TV annual grant to the School District, the elimination of one full-time equivalent IT employee; PC and printer equipment pricing; and to restructure LOGIS charges and consider dropping some applications. Mr. Pires is recommending the City pursue lower postage rates by using bulk mail and post cards when appropriate. Mr. Pires said the website shall be maintained in an up-to-date manner. Mayor Jacobs said he would like discussion regarding results that are IT driven. Councilmember Brimeyer raised his concern again regarding informing the public. Mayor Jacobs would like a full page in the Sun Sailor to provide residents with information about the City’s budget and its impacts, and there was discussion regarding a press conference. St. Louis Park City Council Agenda Item: 060203 - 3c - May 5 Study Session Minutes Page 3 of 3 3. Adjournment The meeting was adjourned at 10:12 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 060203 - 3d - May 12 Study Session Minutes Page 1 of 4 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION Minutes of May 12, 2003 The meeting convened at 7:01 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Police Chief (Mr. Luse); Director of Inspections (Mr. Hoffman), Environmental Health Official (Mr. Camilon); Finance Director (Ms. McGann); Human Resources Director (Ms. Gohman); and Recording Secretary (Ms. Samson). Fire Chief (Mr. Stemmer) arrived at 9:06 p.m. Also present: Kristine Royer, Chair, St. Louis Park Police Advisory Commission (“SLPPAC”); Mark Rosen and Linda Trummer, SLPPAC members; John Utley, Kennedy & Graven; Stu Hanson, MD, Park Nicollet Clinic and Task Force member; and Ann Deshler, RN. 1. Police Advisory Committee Annual Report Chief Luse spoke about the one-year report regarding the SLPPAC Ms. Royer presented a power point presentation to the Council regarding the mission, vision, values, and goals of the SLPPAC and their experiences during their start-up year. There was discussion regarding by-laws, which will be given to the Council. Ms. Royer said the SLPPAC exists to enhance, and not replace, police services. Councilmember Nelson said advocacy is a concern but an action plan would require Council’s approval. Councilmember Nelson suggested diversity be called something else. Councilmember Nelson said don’t force to meet more than is necessary, and Mayor Jacobs added, meet as often as you need to. Councilmember Velick inquired about grant money that may be available for the SLPPAC, and how much would the SLPPAC require. Ms. Royer said she is not sure. Councilmember Sanger asked how SLPPAC will handle complaints, and Ms. Royer responded that complaints will be sent to the police department. Mayor Jacob suggested the SLPPAC have one of its members reside on the Human Rights Commission, such as joint programming. Councilmember Brimeyer cautioned the SLPPAC should be a partner, and not a buddy, to the police department. Councilmember Brimeyer would like to deliberate further on the SLPPAC, and he asked that Council have this item return in 60 days. St. Louis Park City Council Agenda Item: 060203 - 3d - May 12 Study Session Minutes Page 2 of 4 Ms. Royer brought up the subject of the SLPPAC’s oversight role, if an oversight role at all, and its performance measurements. Council stated it shys from any consideration of an oversight role for the SLPPAC. Mayor Jacobs is pleased with SLPPAC’s direction and he, too, shys from an oversight role. Mayor Jacobs would like to have this item return to the Council in 60 or 90 days. Council will interview candidates for the SLPPAC. US Representative Ron Latz arrived at 7:37. During his brief visit, he answered a few budget questions from the Council, and departed for an engagement in another part of City Hall. (Note: Item 2 was discussed after Item 3). 2. Police 2003-2004 Budget Proposals Ms. Gohman referred Councilmembers to pages 23 and 24 for budget proposals regarding the human resources department. Ms. Gohman said one support staff position was eliminated, however, it was synchronistic because that employee moved away. It was stated that future employee recognition dinners would be tied in with luncheon events. The following regard general fund proposals: Created six years ago, the Deputy City Manager position has been eliminated. Given this elimination, it may become necessary to decline from some projects. Mr. Meyer said the task now is to select a department head to act as a City Manager, when he is absent, with no permanent duties associated with the selection, but to represent the City as an official person. The administration secretary position, in the City Clerk’s office, may become a part-time position. For an election year, the consideration is to hire some part-time individuals for the elections. Councilmember Sanger expressed concern that to hire temporary workers may cost more. It was noted that there must be a polling place in every precinct. Council favors odd year elections for Councilmembers and, if on the ballot, odd year voting for referenda. It was reported that lobbying services would be reduced, however, the City will retain and call upon its lobbyist when necessary. Mediation services will be eliminated. In regard to the City/School Calendar, Councilmember Omodt suggested waiting a few weeks for a marketing meeting to take place. Councilmember Sanger is agreeable to letting the calendar go. Councilmember Brimeyer said the calendar is symbolic and it should not be disposed. Councilmember Santa said she would prefer a wading pool over a calendar. Councilmember Nelson suggested letting the calendar go for a year. Mayor Jacobs said keep the calendar. The calendar will be discussed again by Council at a later Study Session. The cost to the City for the calendar is $10,000 plus Staff time. Councilmember Omodt suggested asking the School District for a line item budget. St. Louis Park City Council Agenda Item: 060203 - 3d - May 12 Study Session Minutes Page 3 of 4 Ms. McGann reported that the front desk position will be reduced, and one full-time assessing position will be eliminated. Council would like information on assessment challenges facing the Finance Department. Councilmember Sanger inquired if the City could negotiate tax assessment prior to land development. Chief Luse reported that 3.5 civil positions will be eliminated. There was some discussion regarding Sojourner and Cornerstone and their services. Mr. Meyer said the City has met with seven cities regarding consolidation of its 911 dispatch center. A feasibility study is planned. Mr. Meyer listed the advantages of keeping the St. Louis Park dispatch center open. Councilmember Sanger suggested having the City Attorney research why some cities are required to pay for dispatch and some are not. Chief Stemmer arrived at 9:06 p.m. Chief Stemmer reported that the Fire Department could begin charging a fee to insurance companies for the cost of victim rescues and extractions at motor vehicle accidents. He also reported that OSHA training would be done in-house. The Fire Department would provide OSHA required training to other City departments, and there would be cost savings for departments to no longer use outside training agencies. Chief Stemmer discussed staffing. Councilmember Sanger asked that the Fire Department’s position reduction proposal return to Council for more discussion and deliberation. Ms. McGann spoke about the Capital Improvement Program. Mr. Meyer listed options. Councilmember Nelson said he prefers to phase in fee increases on quarterly bills as opposed to, for example, 10%, at one time. 3. Westwind Apartments Multi-Family Housing Revenue Private Activity Revenue Bond Refinancing Ms. McGann briefly discussed the request of CSM Corporation, on behalf of Westwind Apartments, to refund a 1993 bond. Mark Ruff, of Ehlers & Associates, has reviewed the application and the financial information. Mr. Utley, of Kennedy & Graven, is doing the legal work for the bond issue, and he stated this item will be placed on the June 16, 2003 Council agenda for a public hearing and preliminary resolution. 4. Smoking Task Force Recommendations Mr. Hoffman spoke briefly about the smoking task force. Dr. Hanson and Ms. Deshler were present to answers questions regarding the St. Louis Park Smoking Task Force Minority Report they submitted. The minority report is an addendum to the task force’s recommendations to the Council. (Dr. Hanson is reversing his position of support for the Task Force recommendations that were presented to Council at a March 10th Study Session). Dr. Hanson spoke about second St. Louis Park City Council Agenda Item: 060203 - 3d - May 12 Study Session Minutes Page 4 of 4 hand smoke. Dr. Hanson said Mr. Hoffman had out-of-date material. Dr. Hanson is asking the Council to consider making all St. Louis Park workplaces, bars, and restaurants smoke-free. Councilmember Sanger suggested asking residents if they are supportive of a smoking ban citywide. Councilmember Nelson said second hand smoke is bad, however, he is unwilling to debate a smoking ban. Councilmember Nelson was opposed to the minority report. Councilmembers Brimeyer, Santa, and Velick, and Mayor Jacobs were also opposed. Councilmember Sanger does not like the end result. She said one needs to ask the right questions, and to ask the public. 5. Miscellaneous From the Budget Talking Points, Spring 2003, distributed by Mr. Meyer for tonight’s meeting, Councilmember Sanger would like to know what the resultant impacts are, or will be, in regard to the Talking Points Section. 6. Adjournment The meeting was adjourned at 10:25 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 060203 - 4a - Consent Walser Page 1 of 1 4a. Motion to approve a continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the June 16, 2003 City Council meeting. Case No. 03-01-VAR: Walser Ford. 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 June 2, 2003 meeting to the June 16, 2003 meeting. It is also possible that Walser will withdraw the variance appeal prior to further Council consideration. Staff and Walser appreciates your patience through this process. Walser is waiting for information from the Ford Corporation regarding sign specifications. It is hoped that a certain corporate sign could be modified, and used on the pylon facing Hwy 100. If so, then Walser will most likely be withdrawing the appeal application. Attachments: Letter from Walser Ford requesting continuance. (Supplement) Prepared by: Gary Morrison, Assistant Zoning Administrator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 060203 - 4b - Final Payment Contract 111-01 S M Hentges Page 1 of 1 RESOLUTION NO. 03-066 RESOLUTION ACCEPTING WORK ON STORM SEWER & UTILITY IMPROVEMENTS CITY PROJECT NOS. 00-07, 01-08, & 01-09 CONTRACT NO. 111-01 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated October 3, 2001, S. M. Hentges has satisfactorily completed the storm sewer and utility improvements, as per Contract No. 111-01. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 4c - April 23 PRAC Minutes Page 1 of 5 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION APRIL 23, 2003 – 7 P.M. WESTWOOD NATURE CENTER BRICK HOUSE MEMBERS PRESENT: Bruce Cornwall, Kirk Hawkinson, Dick Johnson, Sarah Lindenberg, Nancy Nelson, Dana Strong, and Tom Worthington MEMBERS ABSENT: None STAFF PRESENT: Rick Birno, Carrie Haslerud, Charlie Meyer and Cindy Walsh 1. Call to order Ms. Nelson, Chair, called the meeting to order at 7:08 p.m. 2. Adjustments to the agenda None. 3. Approval of Minutes of February 19, 2003 Mr. Worthington moved to approve the minutes of the February 19, 2003 meeting, Mr. Hawkinson seconded. The motion passed 5-0. 4. New Business A. City Budget Update Commission members introduced themselves to Charlie Meyer, City Manager. Mr. Meyer began the discussion by describing the City of St. Louis Park’s $20 million dollar operating budget. He depicted how the Governor’s proposal will cause the City to loose three million dollars by year-end 2004. He also noted that the Governor’s proposal does not allow Cities to raise property taxes. On Monday, April 21 a proposal was given to the City Council presenting a plan for the City of St. Louis Park to adjust to the budget short fall. Mr. Meyer described how the proposal balances between line item cuts, revenue enhancements and staff reductions. He explained that staff positions account for approximately 80% of the budget, therefore, staff reductions cannot be avoided and the proposal includes the elimination of 28 positions. He also acknowledged that although the work load for the remaining staff will increase to accommodate for the position reductions, the amount of service that residents are accustomed to will ultimately be reduced as well. The proposal includes an early retirement package allowing for the possibility that some of the position reductions can be phased in through attrition. In response to a question by Mr. Worthington, Mr. Meyer indicated that the City of St. Louis Park plans to inform its residents about the budget changes in a manor that is not loud and shocking such as approaches used in some other communities. St. Louis Park City Council Agenda Item: 060203 - 4c - April 23 PRAC Minutes Page 2 of 5 2 Mr. Worthington inquired as to whether the inability of cities to raise taxes would be a permanent restriction. Mr. Meyer advised that he is not anticipating any change. Mr. Meyer described how the formulas for State aide are constructed in such a way that the impact on first ring suburbs is extremely high when compared with other suburbs. He also described the nature of City business, as a steady stable kind of business that does not fluctuate in cycles like other kinds of businesses. He commented that the City of St. Louis Park business is not down and will have to operate at a different level. Time and resources are needed to adjust and ease the community to the new level of operation. Any savings that can be obtained in 2003 will be used to carry the City through to 2005. Mr. Meyer commended employees on their resourcefulness. When asked to contribute ideas on how the budget challenge could be met employees presented almost 600 suggestions. He concluded by stating that the Parks and Recreation proposals are tough but along the mainstream of the rest of the City. Ms. Walsh distributed a copy of the proposed budget cuts and revenue enhancements that pertain specifically to the Parks and Recreation Department. (Refer to the attached proposal.) She summarized each page, highlighted items that require further explanation and answered questions from the Commission. Some of the proposed Parks and Recreation item reductions include: reducing or eliminating subsidies from the City to other organizations, requiring residents to maintain boulevard trees, chemical spraying for weed control only in high use areas, turning on the lights at Oak Hill Park during the skating season only and closing the Westwood Hills Nature Center building on weekends in the summer. Mr. Meyer commented that many of the proposed changes are new to St. Louis Park but very common in other communities. Ms. Walsh added that there are many details yet to be discussed. Ms. Walsh detailed a proposal to close the Oak Hill wading pool commenting that resistance from St. Louis Park residents is anticipated. She added that the City is currently investigating the possibility of replacing the pool (which operates at a cost of $10,000 per season) and installing a water spray area in its place. A proposal for winter skating rink closures was also discussed. Mr. Strong suggested that the City investigate the use of volunteers to open and close rinks adding that neighborhood associations might be willing to operate local rinks. Mr. Meyer advised that the City has agreed to continue to fund the combined City/School District volunteer program. Ms. Walsh expressed concern for a greater risk of vandalism if rinks are not properly supervised but also acknowledged that volunteer staffing is an avenue worth further investigation. A short discussion on the elimination of the goose removal program for private property followed. Cindy presented pictures of the new boardwalk at Westwood Hills Nature Center and pointed out the new rails designed (by Mark Oestreich) to keep geese from using the boardwalk as a rest area. Mr. Strong questioned a description on page 81 of the Parks and Recreation proposal that referred to the elimination of rink maintenance on weekends in the winter. Ms. Walsh acknowledged the error and agreed to have it corrected. St. Louis Park City Council Agenda Item: 060203 - 4c - April 23 PRAC Minutes Page 3 of 5 3 In response to a question from Mr. Johnson, Ms. Walsh offered to review the chemical spray reduction areas to see if the entrance to Westwood Hills Nature Center is in the plan. Some of the Parks and Recreation revenue enhancements in the proposal include: charging associations an additional fee of five dollars per participant per season, focusing on programming for new groups such as home schools, increasing the ice rate and charging a fee for groups who reserve rooms in the Rec Center and who will be serving food. Mr. Strong suggested that an additional set-up fee be charged as well. Ms. Walsh offered to share the suggestion with the City Council. Ms. Walsh mentioned that a Junior A hockey league is interested in using St. Louis Park for its home ice. Currently there no Junior A leagues in Minnesota. The proposed league expansion could account for up to $50,000 in additional revenue for St. Louis Park. The Jr. A hockey league is designed for students who will receive tutoring as an alternative to attending high school in order to gain the experience and skills deemed necessary for potential professional hockey careers. One concern that requires further investigation is the potential for conflicts with St. Louis Park and Benilde-St. Margaret High School game times. The Junior A league would hold practices during the day but games are held on Friday and Saturday evenings. Mr. Worthington requested a combined figure for budget reductions and revenue enhancements in the Parks and Recreation Department. Ms. Walsh reported that the combination of reductions and increased revenue will provide a $411,950 overall reduction in the City’s deficit. Ms. Walsh discussed the difficult process in making the decisions that are detailed in the proposal. She explained that department heads held ten very intense meetings in which many sacrifices were made by all departments. The Parks and Recreation Department lost two positions but other departments lost positions as well. Mr. Strong inquired as to the time line for the proposal. Ms. Walsh advised that she must present the budget to Mr. Meyer by mid to late June. It will go to the City Council by July and in December the budget will be adopted. Any savings in 2003 will be used to carry through 2004. Ms. Nelson suggested moving ahead in the agenda to the CIP status as long as the discussion was focused on budget issues. B. Youth Activities Grant Money Received Ms. Nelson reported that the Youth Activities Grant application she submitted was accepted and the Commission was granted $750 for the Parks and Recreation Financial Assistance Fund for families in need. The spring 2003 Youth Activities Grant is the last opportunity for the Parks and Recreation Department to apply for funds from Park Tavern pull tab sales. Future Park Tavern funds will be reallocated to the St. Louis Park Foundation. Mr. Birno advised that there are currently four organizations that raise funds by selling pull-tabs in St. Louis Park. Mr. Strong commented that pull-tabs might be an option for future fundraising needs in the Parks and Recreation Department. Members of the Commission acknowledged the need for investigating new avenues for future funding. St. Louis Park City Council Agenda Item: 060203 - 4c - April 23 PRAC Minutes Page 4 of 5 4 5. Old Business A. CIP Status Mr. Birno reported that all 2003 CIP projects are on hold. The City will take a comprehensive inventory of all parks to determine which will be the highest priority for capital improvement projects. He advised that a plan must be in place for the entire City and that a proposal was given to Council which will include the following areas: street paving, street maintenance, and parks. He explained that one and a half million dollars is needed for each of the areas and the City can no longer sell bonds for projects as of May 1, 2003. Existing bonded projects such as Louisiana Oaks and the Rec Center roof repair were already under contract prior to the Governors proposal. The City of St. Louis Park is proposing a gas and electric utility franchise fee which is expected to generate an additional $900,000 in revenue per year to be used for street maintenance. The sale of land is another avenue that the City is investigating in order to raise funds for park improvements. Council has not yet given approval on the 2003 CIP. All projects are on hold unless they have already begun. Mr. Strong expressed appreciation for the time and effort contributed to creating a plan for the City to adjust to the budget shortfall and move forward. He commented that perhaps the Parks and Recreation Commission could assist in educating the public. B. Code of Conduct Update Mr. Worthington distributed an overview for discussion. (Refer to attached overview.) Mr. Hawkinson expressed concern for how the Code of Conduct would be enforced. A short discussion followed in which the Commission members discussed various ways to gather information and proceed. The Commission agreed that more discussion time was needed before summer. Ms. Walsh suggested discussing this issue at the regular scheduled meeting on May 21 and the Commission agreed. C. Update on Skate Park Meeting Ms Walsh reported that she has a design for the skate park but funding is on hold at this time. She suggested that the skate park discussion be deferred until May and the Commission members agreed. D. Parktacular Discussion Mr. Birno updated the Commission on plans for Parktacular. Ms. Nelson presented a letter inviting the Parks and Recreation Commission to participate in the Parktacular parade. Following a short discussion, the Commission members agreed not to participate in the 2003 parade. E. Discussion on Grand Openings Mr. Birno updated the Commission on the Allegory and Amphitheater Grand Openings scheduled to take place during the weekend of Parktacular. He described how the amphitheater is St. Louis Park City Council Agenda Item: 060203 - 4c - April 23 PRAC Minutes Page 5 of 5 5 booked for the entire weekend of Parktacular as well as the Summer Concert Series and several other series throughout the summer. Mr. Birno also informed the Commission that the Fourth of July Fireworks would take place at Aquila Park this year. The band will begin at 7 p.m. and several vendors will have concessions available for sale. He reported that the City of St. Louis Park would receive a percentage from the sales. He also mentioned that the concession stand is available for a group to use on the evening of the Fourth of July. STS will be scheduled for park clean up the following day. 6. Communications A. Chair None B. Commissioners Mr. Cornwall inquired on the progress of the 5K event. Mr. Birno estimated approximately one year until tie-ins and easements are completed. He also suggested a future discussion on the 5K event with the Commission. Mr. Worthington expressed an interest in the progress of the baseball field requests made by AAU. Mr. Birno advised that AAU appears to be satisfied in using Aquila IV for two nights per week and that the field upgrades will make Elie Park suitable for AAU use as well. C. Program Report – Rick Birno Mr. Birno reported that Spring/Summer programs are going well as is the sale of aquatic park passes. He reported that there will be some staffing changes due to budget constraints but the changes should not adversely affect the operations of the Aquatic Park. Mr. Hawkinson inquired about electronic concessions in which funds can be deposited into an account that patrons can draw from with an ID number for the purchase of concession items. Mr. Birno indicated that an electronic system is a future possibility. D. Director’s Report Ms. Walsh mentioned that the development of Louisiana Oaks is beginning to show progress, however, time for plant growth is crucial. Mr. Birno added that the trails are open but the grounds are not ready for use. Ms. Walsh suggested having a future meeting at the Louisiana Oaks Pavilion. 7. Adjournment Moved by Mr. Johnson and seconded by Mr. Worthington to adjourn. Motion passed 7-0. With no further business, the Commission adjourned at 9:30 p.m. Minutes prepared and respectfully submitted by, Carrie Haslerud Acting Recording Secretary St. Louis Park City Council Agenda Item: 060203 - 4d - Fire Sprinkler Special Assessment - 5600 Excelsior Page 1 of 2 4d Motion to adopt a resolution authorizing installation and special assessment of a fire sprinkler system at 5600 Excelsior Boulevard and directing the Mayor and City Manager to execute a special assessment agreement with the property owner. Background: Gerald Trestman, owner of the commercial building at 5600 Excelsior Boulevard has requested that the City authorize the installation of an automatic fire suppression sprinkler system for the building and assess the cost against the property in accordance with the City’s special assessment policy. Analysis: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system in this building because of major remodeling project in the building.. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work the system qualifies for the City’s special assessment program. The property owner has petitioned to the City to authorize the installation of the fire sprinkler system and specially assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation has been determined to be $44,150. An Administrative Fee of $150.00 will be added to the special assessment. Staff has determined the adequate funds are available through the Permanent Improvement Revolving Fund. Attachments: Resolution Prepared by: Bruce Johnson Through: Luke L. Stemmer, Fire Chief Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 060203 - 4d - Fire Sprinkler Special Assessment - 5600 Excelsior Page 2 of 2 RESOLUTION NO 03-067 RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 5600 Excelsior Boulevard WHEREAS, the Property Owner(s) at 5600 Excelsior Boulevard (“Benefited Property”) (has) have petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in their commercial building on the Benefited Property; and WHEREAS, the Property Owner(s) (has) have agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner(s) requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $44,150.00. 4. The Property Owner(s) (has) have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner(s) agree(s) to pay the City for the cost of the above improvements through special assessment over a ten (10) year period at five . three percent (5.3 %) interest. 6. The Property Owner(s) agree(s) to execute an agreement with the City and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. (Insert Signature Block Here) St. Louis Park City Council Agenda Item: 060203 - 4e - TS 577 Walker and Dakota Stop Signs Page 1 of 2 4e 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: 060203 - 4e - TS 577 Walker and Dakota Stop Signs Page 2 of 2 RESOLUTION NO. 03-068 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 June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 1 of 8 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 7, 2003 – 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: John Basill, Phillip Finkelstein, Ken Gothberg, Dennis Morris, Carl Robertson Jerry Timian arrived at 6:05 p.m., Michelle Bissonnette arrived at 6:17 p.m. 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 23, 2003 It was moved by Commissioner Morris, seconded by Commissioner Basill, to approve the minutes of April 23, 2003 as presented. The motion passed 4-0-1. (Commissioner Gothberg abstained). 3. Hearings: (Note: Item A was discussed after Item B). 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. (continued from April 23) Associate Planner Julie Grove presented a staff report regarding Wendy’s International (“Wendy’s”) request for a Conditional Use Permit (“CUP”). Ms. Grove said staff has received a revised landscape plan. Staff is recommending an 11:00 p.m. daily closing, and the City Attorney thinks that is a reasonable condition. Staff is also recommending a bufferyard on the south side of Miracle Mile Shopping Center. Ms. Grove said Wendy’s is working on a revised lighting plan prior to the City Council’s review. Staff is also recommending that parking for Wendy’s would have to be reserved on the Miracle Mile site, since Wendy’s does not have enough on their own property and there is a concern with parking in drive aisles and fire lanes. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 2 of 8 Marie Coty, SRF traffic study consultant, said their traffic analysis, which considered the worst case scenario, assigned grades of C or better to the nine intersections they analyzed within the segment study of Excelsior Blvd. On a scale of A-F, a letter grade indicates level of service, and grades A, B, and C are considered acceptable. Ms. Coty discussed parking analyses and driveway traffic. When asked about queuing, Ms. Coty said she is confident queuing would not be a problem off-site, i.e., the stacking of cars impacting Excelsior Blvd. She confirmed that certain interior drive aisles and parking would be blocked during peak times. Commissioner Morris said he thinks gridlock will occur on the north side of the parking lot. Ms. Grove discussed the conditions that would be attached to the CUP. Ms. Grove said staff is recommending approval with conditions intended to help mitigate the problems staff foresees. Chair Robertson asked if the City would enforce parking prohibitions. Planning and Zoning Supervisor Janet Jeremiah said the City makes efforts to enforce all conditions of approval, but she acknowledges this could create administrative issues. Chair Robertson referenced an e-mail from a resident who commented on early morning deliveries and asked if the closing time would address this. Ms. Jeremiah said the 11:00 p.m. closing time is flexible and open to discussion. Staff’s recommendation is based on most other drive throughs in St. Louis Park closing between 10 and ll:00 p.m., and our noise ordinance defining nighttime hours as after 10:00 p.m. Ms. Jeremiah also stated that Wendy’s drive-thru is a separate application from Miracle Mile. (Miracle Mile operates under a Special Permit which is also required to be revised and may address other operational issues.) Commissioner Gothberg asked about standing in a fire lane, i.e., an idle vehicle in it, which would have to be clarified in the condition. Kendra Lindahl, land use planner with Landform and Wendy’s consultant, introduced herself. Also present from Landform were: Tom Kirby, architect; Kristine Moss, civil engineer; and Eric Kellogg, project designer. Ms. Lindahl said she believes the CUP standards have been met, and they continue to work on the landscape plan. Ms. Lindahl stated a six-foot fence currently exists along the south property line, and there is no green space available in that area, therefore, they would have to tear up a part of the Miracle Mile parking lot to comply with the green space requirement. She said there are overhead power lines in the way. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 3 of 8 Ms. Lindahl would like staff to look at the language for lighting from an employee safety standpoint. Ms. Lindahl’s concern regarding fire lanes is that Wendy’s would be held responsible for violators, and she thinks that would be bad public policy. Ms. Lindahl said they generally support staff’s recommendations. Ms. Lindahl showed landscape plans. Rick Janssen, Wendy’s International Real Estate Director, said it is Wendy’s goal to have an order ready within 90 seconds of placing the order at the window. Currently, at other stores, the order is ready within 110 seconds. Mr. Janssen said there will be three windows, order, pay, and pick up. He said from the order window to the pick up window, four cars could queue. Mr. Janssen met with residents in the Browndale and Minikahda Vista neighborhoods, and he has the support of Browndale residents and some from Minikahda. Mr. Janssen said new technology in audio makes for low volumed voices when placing orders. He thinks the proposed parking requirements for Wendy’s are too stringent. Mr. Janssen is proposing closing the dining room at 10:00 p.m., and closing the window at 1:00 a.m. as opposed to an 11:00 p.m. daily closing. In regard to Conditions K and L, fire lane violations, Mr. Janssen said he has never seen such harsh conditions attached to a CUP. However, if these conditions apply to others, he accepts them. Chair Robertson opened the public hearing. James Buchkosky, 4960 West 40th Street, is pessimistic that Wendy’s will work at this location. Mr. Buchkosky sees nothing but gridlock, parking problems, and overflow traffic on the nearby residential streets. Claudia Johnston-Madison, 3931 Joppa Avenue, is concerned about landscaping. Wendy’s is at the minimum for landscaping requirements. Ms. Johnston-Madison suggested contacting the City Forester, Jim Vaughan, for his concerns regarding inadequate landscaping. Ms. Johnston-Madison said that Wendy’s should be held to the standards set by the City for pedestrian safety, i.e., to promote walkable and livable communities, sidewalks should be five feet wide. She said the addition of Wendy’s would make circulation horrific. In regard to the support from the Minikahda Vista neighborhood, Ms. Johnston-Madison said 33 people attended the meeting with Mr. Janssen, and only three were in favor of Wendy’s locating at this site. She asked that the Planning Commission not send this request to the City Council because there are too many issues. She thinks Miracle Mile should study why Perkins and Sage Hen failed, and Miracle Mile should study what people want. Ann Pepper, 5000 West 40th Street, is opposed to a drive-thru because of the noise it would generate and Wendy’s requested 1:00 a.m. drive-thru closing. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 4 of 8 Phil Hare, 4972 West 40th Street, said there will be noise and intrusive lighting. Mr. Hare said there is already more traffic and speeding on West 40th Street, and he is in agreement with the other residents’ concerns. Jeff Johnson, 4964 West 40th Street, said the existing restaurants have been good neighbors, however, he is concerned about the noise potential and hearing car radios at 1:00 a.m. Mr. Johnson said deliveries are made to Baja Grill at 6:00 a.m. He would like to have the delivery box located closer to Excelsior Blvd. Rose Doherty, 4968 West 40th Street, stated that the fence area behind Miracle Mile was cleaned up, however, with more development and later closing hours, she is fearful that the area will deteriorate. Ms. Doherty said noise, radios playing, traffic, and traffic congestion have increased and, currently, it is very bad. Ms. Doherty said her property, and the properties of her neighbors to the west, are elevated 2 ½ feet, which compounds the noise problems. Ms. Doherty sincerely invited everyone to her house for a visit to experience what she has described. J. C. Beckstrand, 4386 Wooddale Avenue, was initially mildly opposed to Wendy’s request and now he adamantly opposes the request. Mr. Beckstrand said his daughter was hit in a legal crosswalk at 44th and Wooddale by a man who was in a hurry to get to McDonald’s. Mr. Beckstrand remarked that it would be difficult for the City to rescind a CUP. Mr. Beckstrand is aware of the concerns that Wendy’s does not seem to fit in this location and he said: If it doesn’t fit, you can’t permit. He said it would be absurd to have police enforcing neighborly drive-thru behavior. He wonders if a lack of lighting would create a crime hazard in the Wendy’s employee parking lot behind the building. Mr. Beckstrand agrees with others that noise would be problematic. He said if the absence of a Wendy’s drive-thru would create a financial hardship, then Wendy’s is expecting a high volume of drive-thru customers. He hopes the Planning Commission will not continue with Wendy’s request. Brad Johnson, 4513 Vallacher, said the traffic volume has always been heavy in the Highway 100 and Excelsior Blvd. area. Mr. Johnson does not want a fast food restaurant at this site, any fast food restaurant would be the wrong restaurant. Julie Wells, 4040 Quentin Avenue, read an e-mail from Lyn Wik, 3965 Quentin Avenue. The e-mail raised concerns regarding traffic, food odor, noise from idle vehicles, late hours, and a Wendy’s is not a fit with an upscale development such as Park Commons. Ms. Wells agrees with Ms. Wik’s concerns. David Johnson, 4915 Vallacher, does not like to think of radios blaring and the traffic that Wendy’s would generate. Mr. Johnson’s environmental concerns are the food odors, winter kill on trees, due to the use of de-icing materials. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 5 of 8 Chair Robertson closed the public hearing. Chair Robertson asked: If closing is set at 11:00 p.m., what does that do to Wendy’s proposal? Mr. Janssen said he would ask for a 12:00 a.m. closing as a compromise. Commissioner Finkelstein is opposed to a Wendy’s with a drive-thru; there is not enough parking and there would be major traffic problems. He suggested two motions: Should the City allow a drive-thru under a CUP and, if so, what hours, if any restrictions, should there be for a drive-thru, deliveries, and refuse? Commissioner Basill said there is no double standard but rather two uses, i.e., a drive-thru and an indoor restaurant. He is concerned about the bufferyard, which has not yet been met; stacking will impede traffic; traffic circulation is and would be problematic; and the request does not fully conform with the Comprehensive Plan. Commissioner Basill does not support Wendy’s request. Commissioner Gothberg asked: How can we knowingly approve gridlock? He said it is better to have a sit down restaurant. He does not support the CUP request. Commissioner Bissonnette does not want a drive-thru restaurant at this site because it is a bad location, and it would create too much noise for the nearby neighbors. Chair Robertson asked if staff has talked to city staff in Hopkins and Minnetonka regarding Wendy’s. Ms. Jeremiah said staff reviewed operations at the two Hopkins locations and asked the Wendy’s representatives if there was a similar location this close to single-family but has not heard of one. Staff is open to looking at various Wendy’s sites for further analysis. Commissioner Gothberg said it takes only one occurrence of a loud radio to spoil an evening. Chair Robertson asked if power lines would interfere with or prevent a buffer. Ms. Jeremiah said staff will have to measure the height of the power lines. Chair Robertson said although staff has done a good job to minimize concerns, it is too much facility on too small of an area; there would be gridlock; and too many issues remain unsolved. Commissioner Morris raised the following consideration: If not Wendy’s, the next request could be worse, such as a sports bar or Hooter’s. The south side of Excelsior Blvd. is zoned C-2, with many uses permitted or conditioned. Zoning drives the use of the property, and CUPs attached to zoning restrictions, is why St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 6 of 8 these requests go before the Planning Commission and City Council for discussion, and it is why public hearings are held. Commissioner Morris said it is economics that drive change, not the Planning Commission. It was moved by Commissioner Basill, seconded by Commissioner Finkelstein, to recommend denial of the conditional use permit based upon the findings indicated by the Commissioner’s comments. The motion passed 7-0. Ms. Jeremiah said this item is scheduled to go to the City Council on June 2, 2003. (Note: Item B was discussed prior to Item A). B. Case No. 03-15-CUP—Request for a Conditional Use Permit for a small school in the R-4 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 sign, 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. Commissioner Basill asked how many residents would be living in the rental portion of the property. Mr. Yavner responded that there will be no residents when the property becomes a school. 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. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 7 of 8 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. C. Case No. 03-16-ZA—Proposed amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, clarifying the motor vehicles sales description, and clarifying the sign ordinance standards for signs on awnings and canopies Ms. Jeremiah said staff is still developing language for the ordinance amendments, and staff is recommending a continuance until May 21, 2003. It was moved by Commissioner Morris to continue this item to May 21, 2003. The motion passed 7-0. 4. Unfinished Business 5. New Business A. Consent Agenda B. Other New Business i. Selection of Housing Steering Committee Member Chair Robertson asked for a Commissioner to volunteer to serve on the Housing Steering Committee. Commissioner Basill agreed to serve. Commissioner Gothberg moved that Chair Robertson be the alternate. It was moved by Commission Morris to select Commissioner Basill as the Planning Commission’s representative to the Housing Steering Committee and Chair Robertson as the alternate. The motion passed 7-0. St. Louis Park City Council Agenda Item: 060203 - 4f - Planning Commission Minutes of 5-7-03 Page 8 of 8 Ms. Jeremiah will ask if meeting minutes from the Housing Steering Committee meetings may be available for the Planning Commissioners. 6. Communications A. Elmwood Next Steps B. Recent City Council Action – May 5 C. Board of Zoning Appeals agenda – April 24, 2003 D. Other 7. Miscellaneous 8. Adjournment Chair Robertson adjourned the meeting at 8:40 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 1 of 8 6a. Public Hearing: Alley Paving – 2900 Block between Salem Avenue and Toledo Avenue This report considers paving the alley in the 2900 block between Salem and Toledo 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 2900 block between Salem Avenue and Toledo Avenue, approving plans and specifications and authorizing receipt of bids, subject to the acquisition of easements. Background: At its May 5, 2003 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley in the 2900 block between Salem and Toledo Avenues, and scheduled a Public Hearing and Assessment Hearing for June 2, 2003. General background information on the alley project is summarized below: Location: 2900 block between Salem Avenue and Toledo Avenue Proposed Project: Paving existing gravel alley with concrete Estimated Cost: $66,084 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 $2,669.00 payable over 20 years. Parcels Within Assessment District: 17 Neighborhood Meeting Comments: On Wednesday, May 21, 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 eight (8) people representing five (5) 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. Issues that were raised at the neighborhood meeting are listed below along with staff’s recommended solutions: Storm Drainage: Concerns were raised previously by residents regarding poor drainage and icing behind the church due to the church’s roof drains freezing over in the winter and the alley’s lack St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 2 of 8 of exposure from the south due to the church’s height. Staff has determined that additional storm drainage will not alleviate the situation and that the cost of the additional storm sewer would add significantly to the cost of the project (+$20,000). The new alley will certainly improve drainage in this area-at least in the summer months-due to positive slopes. The church committed to looking at their drainage over the coming months to see if any alternatives for locating the roof drains are possible. A portion of the alley drains to an existing catch basin. From this catch basin, a 12” concrete storm sewer runs out to Toledo Avenue, between two homes, and empties into the TH 100 storm sewer system. Staff has analyzed the drainage characteristics of the alley and determined that a 18” pipe is necessary to drain the alley in a 10-year storm event (City standard). Since this pipe exits into the TH 100 system, Mn/DOT would not allow more water to enter their system without some type of retention being built. Staff would recommend, instead, that the pipe be upgraded when this section of TH 100 is re-built. Easements: The garage for the home at 2908 Salem Avenue encroaches both in the right-of-way and into the property of 2916 Salem Avenue. Traffic currently avoids this garage by driving around it onto private property. In researching this encroachment, the City Attorney has determined that the City can require the garage be moved to accommodate the alley project. However, this may not be practical. Also, because people have been using portions of the properties to the west, he feels that the City has acquired this space through use and maintenance, (adverse possession). Staff has identified the following options to address this issue: 1) Install a 10-foot wide alley. To avoid the garage, obtain 2- 2-foot easements from the properties at 2909 & 2913 Toledo Avenue. 2) Install a 10-foot wide alley. To avoid the garage, use private property without obtaining easements, (adverse possession) based on the feedback from the City Attorney. 3) Install a 10-foot wide alley. Require the relocation of the garage at 2908 Salem Avenue off the alley right-of-way. 4) Install an 8-foot wide alley. Use existing right-of-way to the extent possible. Staff is attempting to work with the various parties involved to obtain easements at a low cost (since this would be an additional cost to the properties). Staff would recommend that the project be contingent upon obtaining these two easements prior to the award of contract. If easements cannot be obtained, staff recommends that the project be constructed as an 8-foot wide alley through the impacted area. Traffic Issues: In response to concerns raised at a previous neighborhood meeting to discuss the alley project, staff investigated and recommended that “One Way” signage be installed in this alley to prevent cut-through traffic. This signage was recommended on a trial basis to see if it would actually help the situation. Based on feedback from the residents at the May 21 meeting, the signage is working and they have noticed a reduction in the number of vehicles coming St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 3 of 8 through the alley. One resident at the recent neighborhood meeting felt that the concrete paving might encourage people to drive faster. 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 2700 block of Raleigh & Salem Avenues. Staff feels that the following project schedule can be met: • Public Hearing & Assessment Hearing June 2 • Acquire necessary easements (no later than) July 21 • Advertise for bids June • End of 30 Day Appeal on Assessments July 2 • 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 May 5, 2003. Attachments: Resolution Neighborhood Meeting Attendance List City Engineer’s Report Alley Plan near 2908 Salem Avenue (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: 060203 - 6a - Order Salem-Toledo Alley Paving Page 4 of 8 RESOLUTION NO. 03-059 RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE 2900 BLOCK BETWEEN SALEM AVENUE AND TOLEDO 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 5th day of May, 2003, the City Engineer has prepared plans and specifications for the construction of a concrete alley in the 2900 block between Salem Avenue and Toledo 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 June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 5 of 8 NEIGHBORHOOD MEETING 5/21/03 ATTENDANCE LIST 2900 BLOCK OF SALEM/TOLEDO AVENUES: CONCRETE ALLEY PAVING Name Address P. & C. Schroeder St. George’s Church, 5224 Minnetonka Blvd. Pat & Dick Markgraf 2939 Toledo Avenue So. Bill Krawchuk 2934 Salem Avenue So. Kathie Brown St. George’s Church, 5224 Minnetonka Blvd. John Neupauer 2921 Toledo Avenue So. Paul Rosholt 2925 Toledo Avenue So. St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 6 of 8 ****REPORT FROM MEETING OF MAY 5, 2003**** City Engineer’s Report: Alley Paving – 2900 block between Salem and Toledo Avenues – Motion to adopt the attached resolution that accepts this report, establishes this Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of June 2, 2003. Background: On July 19, 2002, property owners in the 2900 block between Salem Avenue and Toledo Avenue submitted a petition to the City requesting that the alley be paved in accordance with the City’s standard for alleys. The City’s policy states that at least 51% of the front footage abutting an alley must sign the petition. Although the original petition was signed by enough property owners’ front footage (51.37%) to advance the project in accordance with the City’s policy, concerns were expressed that the majority of residents did not support it. Since receipt of the original petition, staff has received additional petition forms signed by residents. Now, 54.6% of the residential property owners’ front footage have signed the petition. The total signatures of all property owners’ front footage, including the church, is 65.4%. City Alley Paving Special Assessment Policy: The City’s Alley Paving Special Assessment Policy is as follows: A. The cost of alley improvements for residential properties shall be assessed as follows when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if, no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. Discussion: The City’s standard design for alley paving includes six (6)-inch thick concrete pavement, 10 feet in width, with driveway apron connections between the paved alley and abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility of the property owner. In accordance with City practice, the driveway connections will match existing materials and grades. Pavement grades will be established to provide positive drainage without requiring storm sewer construction. In previous discussions with property owners, concerns were raised over poor drainage in the T- portion of the alley. Staff has designed the alley without the need for additional storm sewer, but St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 7 of 8 will explore this issue further with property owners at the informational meeting. Storm sewer costs are not included in the financial information below. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. Estimated assessments and an estimated payment schedule have been attached for informational purposes. A summary of the estimated costs and proposed assessments, based upon the City’s Assessment Policy for alley improvements is as follows: Estimated Costs: Construction Costs $ 45,110 Contingency $ 9,022 Subtotal $ 54,132 Engineering & Administrative (12%) $ 6,496 Subtotal $ 60,628 Interest $ 5,456 TOTAL $ 66,084 Revenue Sources: Special Assessments $ 66,084 Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council May 5, 2003 • Staff holds informational meeting with residents May 21, 2003 • City Council holds Public Hearing & Assessment Hearing June 2, 2003 • Advertise for bids June 2003 • Bid Opening June 26, 2003 • End of 30 Day Appeal on Assessments July 2, 2003 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals July 7, 2003 • Construction July/August 2003 At the April 21, 2003 meeting, the City Council approved setting a public hearing for the construction of an alley in the 2700 block of Raleigh & Salem Avenues. Since these projects are close to each other and are following similar time lines, staff will attempt to bid the construction of both alleys together as one project in the hopes of getting lower costs. The timeline outlined above fits this schedule. Feasibility: The project, as proposed herein, is cost-effective and feasible under the conditions noted and at the costs estimated. Public Involvement Process: Staff will schedule an informational meeting for May, prior to the Public Hearing/Assessment Hearing, to inform residents of the process and to review the preliminary plans. The Council will be notified of the meeting place and time. Once the project St. Louis Park City Council Agenda Item: 060203 - 6a - Order Salem-Toledo Alley Paving Page 8 of 8 is awarded, staff will schedule another meeting with the affected property owners to discuss the construction schedule. St. Louis Park City Council Agenda Item: 060203 - 6b - Alley Assessment Page 1 of 4 6b. Assessment Hearing for Project 03-______ Alley Paving located at the 2900 block between Toledo 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-____ Background: At its May 5, 2003 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley for the 2900 block between Toledo 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 54.6% of the benefited property owners. A neighborhood meeting attended by 8 property owners (5 properties) was held May 21, 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: $66,000 Total Assessment: $66,000 Number of parcels: 17 Assessment Period: 20 years Interest rate: 5.80% Assessment Charge for a 50 front foot lot: $3,336 Annual Payment - • Principal $167 • Interest $194 Total Payment $361 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: 060203 - 6b - Alley Assessment Page 2 of 4 RESOLUTION NO. 03-060 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT ALLEY PAVING IN THE 2900 BLOCK BETWEEN TOLEDO AVENUE S. 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 19, 2003 and published in the official City newspaper, the St__Louis_Park_Sailor, on May 15, 2003 and May 22, 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 2900 block between Toledo 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 June 2, 2003 (insert signature block here) St. Louis Park City Council Agenda Item: 060203 - 6b - Alley Assessment Page 3 of 4 Estimated Cost: $66,000 May 2003 70% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) (A) Direct Benefit: 937 total footage and $49.30 per front foot (B) Indirect Benefit: 1137 total footage and $17.41 per front foot. total $66,000.00 direct $46,200.00 indirect $19,800.00 ********* Indirect ************ ******** Direct ********** Total Indirect Direct Direct & Address Ind feet % Indirect Allocation Dir feet % Direct Allocatio n Indirect 2901 Toledo Ave S 80 7.04 $1,393 80 8.54 $3,945 $5,338 2909 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2913 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2917 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2921 Toledo Ave S 40 3.52 $697 40 4.27 $1,972 $2,669 2925 Toledo Ave S 80 7.04 $1,393 80 8.54 $3,945 $5,338 2933 Toledo Ave S 50 4.40 $871 50 5.34 $2,465 $3,336 2939 Toledo Ave S 63 5.54 $1,097 63 6.72 $3,106 $4,203 2900 Salem Ave. S 40 3.52 $697 0 0.00 $0 $697 2904 Salem Ave. S 40 3.52 $697 40 4.27 $1,972 $2,669 2908 Salem Ave. S. 40 3.52 $697 40 4.27 $1,972 $2,669 2916 Salem Ave. S. 100 8.80 $1,741 0 0.00 $0 $1,741 2922 Salem Ave. S. 60 5.28 $1,045 0 0.00 $0 $1,045 2930 Salem Ave. S. 60 5.28 $1,045 60 6.40 $2,958 $4,003 2934 Salem Ave. S. 50 4.40 $871 50 5.34 $2,465 $3,336 St. Louis Park City Council Agenda Item: 060203 - 6b - Alley Assessment Page 4 of 4 2940 Salem Ave. S. 43 3.78 $749 43 4.59 $2,120 $2,869 5224 Minnetonka Bld 271 23.83 $4,719 271 28.92 $13,362 $18,081 total 1137 19800 937 $46,200 $66,000 St. Louis Park City Council Agenda Item: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 1 of 6 8a 2003 Sidewalk & Trail Improvement Project–Project No. 03-01A This report considers the construction of various sections of new sidewalk and trail in accordance with the City’s sidewalk, trails, and bikeway plan Recommended Action: Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk and bituminous trail. Background: Making the City a safer and more pedestrian-friendly community was one of the recommendations of Vision St. Louis Park. In response to this suggestion, a city- wide Sidewalk, Trail, Bikeway and Crossing Plan was developed. This Plan, which has been incorporated into the City’s Comprehensive Plan, identifies areas of the city in need of additional sidewalk, trails or bikeways; and, busy roadway or railroad crossings where safety improvements can be made. The primary objectives of the program were to connect points of interest – schools, parks, retail areas, provide for better liveability, and fill in “missing” links in the system. Substantial public involvement and input was solicited during the development of this program. A Sidewalk and Trail Task Force, made up of concerned citizens, assisted in the development of the Plan. To understand residents’ concerns, a random opinion survey was conducted. As the Plan was developed, meetings were held with neighborhood associations, the City Council, Parks and Recreation Commission and other community groups. Two open houses were conducted as well as numerous publications and community newspaper articles. The final Plan was adopted on July 5, 2000 with the Council requesting that the proposed new sidewalk, trail and bikeway segments be constructed within a 3-year time period. Public Involvement: The methods used on this project for property owner review and communication are summarized in the following table: Task/Step Approx. Date Notice of proposed project April 2002 Mailed request for information from adjacent property owners February 2003 Feasibility Report to City Council (consider preliminary plans) March 2003 Resident meetings to discuss preliminary plans May 2003 Project approval/final plan approval by City Council (noticed to residents) June 2003 Pre-construction meeting with residents August 2003 Construction August-October 2003 St. Louis Park City Council Agenda Item: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 2 of 6 In February 2003, an informational letter and a questionnaire was mailed to all affected property owners informing them about the upcoming project. The questionnaire asked residents to tell the City of any special circumstances or issues that might impact the project, i.e. sprinkler systems, special plants, etc. Of the 79 mailed out, 26 have been returned, (33%). A summary of the comments received from the questionnaires is attached. Two letters were also received from residents, not adjacent to the project, regarding the Alabama Ave. segment. These have been summarized for Council. Informational meetings were held on May 13th & 15th, 2003, with the affected property owners, to solicit input on the designs and to answer questions about the construction. Other meetings have been held with individual property owners and groups (i.e. Knollwood Mall management company) to discuss the project and attempt to alleviate their concerns. Following is a summary of the number of attendees at each informational meeting, based upon the sign-in sheets: Meeting Date Segment # of Attendees May 13 Brookside Avenue 21 May 15 Alabama Avenue/36th Street/Wooddale Avenue 5 May 15 Texas Avenue 2 May 15 Aquila Avenue 1 The majority of the attendees were interested in reviewing the proposed design and determining how it would affect their individual property. Many expressed concern over the loss of mature trees, loss of parking, and the need for additional walk when it is already present on the other side of the street. Analysis: Twelve (12) segments of sidewalk and six (6) segments of trail were identified for installation within the Year 3 area. Of these, Wooddale Avenue from 44th Street south to the City limits was included in the 2002 project. Walker Street, west of Louisiana Avenue, will be constructed with future improvements at this intersection. 4 of the 10 remaining sidewalk segments and 4 of the 6 trail segments have been put on hold pending identification of funding. Also, as a result of concerns expressed at the neighborhood meeting, sidewalk construction on Brookside Avenue has been postponed to allow for further analysis of the sidewalk & trail needs in that neighborhood. The remaining segments, those situated on State Aid-designated streets, make up the project outlined in this report. Each of the sidewalk segments were designed, by Engineering Division staff, based upon the guidelines established for the program. These guidelines indicate a preferred design of a 6’-wide concrete sidewalk with a 7’-wide grass boulevard. When necessary to St. Louis Park City Council Agenda Item: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 3 of 6 protect trees, where existing yard slopes are significant, or other physical conditions warrant, the boulevard was narrowed or the sidewalk width was narrowed. All of the proposed sidewalk segments are located on designated State Aid routes and, therefore, the plans must be routed through the Minnesota Department of Transportation (Mn/DOT) for their review and approval. A permit from the Minnehaha Creek Watershed District may also be required. Design/Construction Considerations-Sidewalk: Alabama Avenue (36th Street to 37th Street & 39th Street to Goodrich Avenue): Most of this street, between Excelsior Boulevard and 36th Street already has sidewalk, so new walk will only be installed where there is none currently. This will require the removal of several trees, however, the large tree near 5925 Goodrich Avenue, will remain. Some retaining wall construction will be necessary to address steep grades. Based on input received at the neighborhood meeting, staff has redesigned the sidewalk near 5924 Cambridge Avenue to run behind several existing trees instead of removing them. One tree will still need to be removed adjacent to this home. Texas Avenue (36th Street to Minnetonka Blvd.): No significant issues were encountered in designing this segment. Again, most of this street has walk so only in-fill segments will be constructed. Some trees will need to be removed. Retaining wall is necessary near the corner of 34th Street and north of 31st Street. High retaining walls (5 feet +/-) will be needed for approximately 3 properties north of 31st Street. Fencing may be required on top of the high retaining walls. Residents who attended the meeting expressed concern over high retaining walls, the loss of trees, and the negative aesthetics associated with a very narrow boulevard, i.e. unable to properly maintain sod. Based on these comments, staff has redesigned this segment to place the sidewalk directly behind the curb, eliminating the narrow boulevard. Besides impacting fewer trees, the height of retaining walls has been diminished in some areas. The property owner at 3389 Texas Avenue also expressed concern over the impact to the boulevard tree at the corner of Texas & 34th Street. Jim Vaughan, Environmental Coordinator, has reviewed this tree in the field with Engineering staff. He feels that the retaining wall can be replaced without significantly impacting the tree. Aquila Avenue-North (34th Street to 36th Street): No significant issues were encountered in designing this segment. Some trees will need to be removed. Power poles need to be relocated. The resident in attendance at the neighborhood meeting supported the need for sidewalk in this area. Aquila Avenue-South (adjacent to Knollwood Mall): Installing walk in the existing boulevard area would involve the loss of a significant number of trees. Therefore, staff has designed this segment by installing sidewalk on the parking lot side of the boulevard St. Louis Park City Council Agenda Item: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 4 of 6 area thus preserving the trees and boulevard width. Staff has verified that this can be done on public right-of-way and without the loss of parking stalls in Knollwood Mall. However, it will require re-striping the stalls and the loss of one or two trees near the corner of Highway 7. Staff has met with the management company of Knollwood Mall who are supportive of the project. They will work with mall tenants to inform them of the necessary parking stall closures as construction begins. Wooddale Avenue/36th Street (Oxford Street to Highway 100 ramp): This segment runs in front of Fire Station #1 to the Highway 100 entrance ramp. No issues were encountered when designing this segment. Design/Construction Considerations – Trail: Wooddale Avenue/W. 36th Street (36th Street to Highway 7): No significant issues were encountered in designing this segment. An 8-foot wide trail will be constructed on the west side of Wooddale Ave. from Highway 7 south to 36th Street and then along 36th Street west to Alabama Avenue. The State Aid route is along 36th Street to Alabama Avenue, so the trail cannot be constructed all the way to Jorvig Park. Portions of the existing trail, north of Highway 7 will also be repaired with this project. Financial Considerations: All of the segments are anticipated to be funded using Municipal State Aid funds. Some minor items such as fencing in places where high retaining walls are needed, may not be eligible for State Aid funding. Estimated costs, based upon the proposed plans, are lower than originally anticipated when the project was being developed. $448,683 was budgeted in the 2003 Capital Improvement Program for these sidewalk & trail segments. The total estimated cost, at this time, is $402,488. A summary of the anticipated construction costs and design elements follows: Estimated Costs: Street From To Side Walk Width Blvd. Width Cost Alabama Ave. 36th Street 37th Street West 5’ 0’ $18,509 Alabama Ave. Goodrich Ave. 39th Street East 5’ & 6’ 0’-4.5’ $37,017 Texas Ave. Minnetonka Blvd. 31st Street East 5’ 0’ $37,935 Texas Ave. 32 ½ Street 36th/Walker Street East 5’ 0’ $113,805 Aquila Ave.- North 36th Street 34th Street West 5’ & 6’ 0’ to 6’ $39,217 Aquila Ave.- South Highway 7 Existing walk East 5’ 3’ to 9’ $56,435 Wooddale Ave. Oxford Street Highway 100 ramp West 6’ 0’ $8,257 Wooddale Ave.- trail Highway 7 36th Street West 8’ 0’ $12,235 36th Street-trail Wooddale Ave. Alabama Ave. North 8’ 0’ $3,480 Sub-Total $326,890 St. Louis Park City Council Agenda Item: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 5 of 6 Contingency $ 32,689 Subtotal $359,579 Engineering & Admin. $ 42,909 TOTAL $402,488 Revenue Sources: Municipal State Aid Funds $402,488 Project Timeline: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • Approval of Plans/Authorization to Bid by City Council June 2, 2003 • Advertise for bids June/July • Bid Opening July 10, 2003 • Bid Tab Report to City Council July 21, 2003 • Construction August through October, 2003 Recommendation: It is recommended that the City Council adopt the attached resolution approving the plans and specifications and authorizing staff to solicit bids for this work. Attachment: Map Resolution Summary of Resident/Affected Parties Comments 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: 060203 - 8a - 2003 Sidewalk Project 03-01A Page 6 of 6 RESOLUTION NO. 03-061 RESOLUTION 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 construction of various segments of concrete sidewalk and bituminous trail in the area of the city identified as Year 3 in the Sidewalk, Trail, Bikeways and Crossing plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and 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 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. 3. 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 City Council meeting. Attest: Adopted by the City Council June 2, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 1 of 30 8b Wendy’s request for a Conditional Use Permit for in-vehicle sales/service (drive-through use). Case 03-03 CUP 5001 Excelsior Blvd Recommended Action: Motion to adopt a resolution denying the Conditional Use Permit in accordance with the findings included in the resolution. Zoning: C-2, General Commercial Comprehensive Plan Designation: Commercial Background: Wendy’s International, Inc. is proposing a restaurant with a drive-through service on the south side of Excelsior Blvd located on property between the Miracle Mile Shopping Center and Schlotzsky’s/Baja Tortilla Grill. The proposal would redevelop the former Sage Hen site. The existing building would be demolished and a new 3,285 square foot building is proposed to front on Excelsior Boulevard. The main entrance to the building would face the Miracle Mile parking lot to the west. The site currently includes approximately 30 parking spaces. Wendy’s is proposing to substantially reduce on-site parking in order to accommodate the space needs of the drive-through. After handicap parking requirements are met, only fourteen (14) parking spaces are proposed on-site. Parking is also proposed to be shared with the Miracle Mile Shopping Center lot. Access to the site would be provided via shared driveways off Excelsior Boulevard. The existing driveways provide access to the Miracle Mile Shopping Center, and the subject property. The drive through entrance would be located on the west side of the Wendy’s near the rear property line and would exit on the east side of Wendy’s near Excelsior Blvd. The project requires a Conditional Use Permit for the in-vehicle sales/service (drive-through) in the C-2, General Commercial District. Wendy’s International, Inc would lease this property from Intercity Investment Properties Inc, who also owns the Miracle Mile Shopping Center. Miracle Mile Shopping Center is under an existing special permit, and consists of all the of the property surrounding the subject site, including the mall to the west and Baja Tortilla Grill/Schlotzsky’s to the east. Wendy’s would need to share parking with Miracle Mile, because Wendy’s cannot provide enough on-site parking. SRF Consulting was hired by the City to complete a traffic and parking analysis. Wendy’s reimbursed the City for the cost of the study. The parking study indicated some additional parking analysis was necessary at peak shopping center times to determine if shared/joint parking conditions could be met. The additional analysis revealed that there is not enough available parking in the Miracle Mile parking lot near the Wendy’s site to accommodate the proposed use during peak times. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 2 of 30 Neighborhood meetings were held on February 13 and 14, 2003 before the traffic and parking analyses were conducted. Several concerns were raised by neighbors at that time and since via E-mail (see attachments). The project has also received mixed responses from neighboring commercial uses. On April 23, 2003, The Planning Commission held a public hearing to consider the request. Staff recommended a continuance to allow time for staff to work with the applicant to resolve landscape and shared parking variance issues and to confirm certain assumptions in the traffic and parking studies. The applicant also requested a continuance. The Planning Commission heard testimony and voted 4-0 to continue the public hearing until May 7, 2003. On May 7, 2003, the Planning Commission continued the public hearing and heard additional testimony from the public. Staff had recommended approval of the conditional use subject to conditions, including an earlier closing time for the drive-through, reserved parking for Wendy’s on the adjacent Miracle Mile site, and revocation of the CUP in the event of repeated violations of conditions. During the public hearing, Wendy’s indicated that they could not agree to the conditions as proposed. The Planning Commission recommended denial on a vote of 7-0 based upon the following findings: a. The proposed in-vehicle sales/service does not comply with the Zoning Ordinance condition requiring the drive-through to be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian and vehicular conflict (Sec. 36-194(d)(11)(e)) for the following reasons: i. vehicles waiting to use the drive-through during peak times are expected to block circulation aisles, access to parking spaces, and pedestrian routes; ii. the drive-through separates most of Wendy’s proposed on-site parking from the building entrance thereby requiring pedestrians to cross the drive-through and exacerbating the potential for pedestrian and vehicular conflict. b. The proposed in-vehicle sales/service restaurant does not comply with Zoning Ordinance requirements for on-site parking (Sec. 36-361(c)(1)(d)(17)) and does not meet Zoning Ordinance conditions for off-site parking and joint parking facilities (Sec. 36-361(b)(2)(l)(4) and 36-361(b)(2)(m)(1)) for the following reasons: i. the narrow width of the property does not allow space to include both the drive-through and the minimum number of required on-site parking spaces; ii. the most proximate off-site parking to share is not available during peak times due to the hours, size and mode of operation of the uses that would be sharing the parking; iii. due to a lack of available proximate legal parking, there is an increased likelihood that Wendy’s customers will park in drive aisles, fire lanes and other areas not expressly set aside for customers. c. The proposed in-vehicle sales/service does not comply with the Zoning Ordinance general condition that it will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the proposed conditional use (Sec. 36-365(b)(5)) due to proposed late night in-vehicle sales/service hours and noise. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 3 of 30 d. The proposed in-vehicle sales/service does comply with the Zoning Ordinance finding that it is consistent with and supportive of the principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the Comprehensive Plan (Sec. 36-365(b)(1)) for the following reasons: i. the in-vehicle sales/service does not comply with Redevelopment Chapter goals for this area (Park Commons) to create a walkable town center, replace existing single-story buildings with multi-story mixed-use buildings, and create a logical intermodal internal circulation system which accommodates pedestrians, bicyclists, disabled persons, and autos by connecting with surrounding neighborhoods, parks, and enhanced public transit and trails; ii. the in-vehicle sales/service does not comply with Livable Communities Chapter goals for safe, pedestrian-oriented development; and iii. the in-vehicle sales/service does not comply with Plan By Neighborhood Chapter development guidelines prohibiting car washes and similar heavier commercial uses in this area (Minikahda Vista neighborhood). On May 16th, the applicant requested a continuance until June 16th, 2003 to allow time to submit revised plans for the Council to review. Staff responded that we would not recommend a continuance, since there was adequate time to submit revised plans (staff did supply all information requested by the applicant). Wendy’s submitted revised plans on May 29, 2003, which have been included in your Council packet. However, the revisions have not yet been reviewed by staff. Wendy’s attorney also submitted a letter, which is included and is being reviewed by our City Attorney. Landform Engineering has submitted a letter and noise assessment which have not yet been reviewed by staff. A letter from the Miracle Mile property manager is also included. This report includes an analysis of the Planning Commission’s concerns and findings. Staff’s report to the Planning Commission with attachments is also included to provide further details on Wendy’s proposal. Analysis of Planning Commission Findings: a. The proposed drive through would impede traffic, impair vehicular and pedestrian movement, and exacerbate potential for pedestrian and vehicular conflict The Zoning Code requires in-vehicle sales/service to meet certain conditions of approval. The Planning Commission finds that Wendy’s proposal does not meet the condition requiring the drive-through to be “…designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian and vehicular conflicts”.(Sec 36- 194(d)(11)(e)) Wendy’s is proposing to provide stacking for six cars in their drive-through, while staff has observed stacking of 22-23 vehicles at a Wendy’s on Excelsior Boulevard in Hopkins during the noon peak hour on two separate visits (15-16 vehicles stacked from the ordering point with at least 7 more vehicles stacked between the pick-up window and ordering menu). The SRF report confirms that if more than 7 vehicles need to stack for the drive-through, the additional vehicles will extend onto the internal roadway, blocking circulation, and requiring drive-through vehicles to provide a gap to allow cars to pass. Based upon experience, the St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 4 of 30 Planning Commission was concerned that drive-through patrons will not always be willing or able to provide such gaps and will block access to available parking spaces, circulation aisles and a fire lane (there is a hydrant near the drive-through entrance). The Planning Commission believes this will result in vehicular traffic and circulation problems. Vehicles would not be able to access the rear portion of the Miracle Mile property and would block internal through traffic. Safety is a concern if vehicles blocked the fire hydrant. A Commissioner indicated that the proposal is too much facility on too small of an area, and there would be gridlock. The Planning Commission also believes that there would be pedestrian circulation problems as a result of the drive-through. It is anticipated that the majority of Wendy’s customers would park in front of the Miracle Mile building, just west of the proposed Wendy’s. The Planning Commission identified this as a safety concern since the pedestrians would have to cross the drive aisle between the parking lot and the proposed Wendy’s. Another option is to park on the east side of Wendy’s, which is where the majority of Wendy’s on-site parking is located. If Wendy’s patrons want to use that parking, they would have to cross the drive-through lane to access the Wendy’s entrance, again exacerbating the potential for pedestrian/vehicular conflicts. b. There is not sufficient parking on-site and the application does not meet the conditions for off-site parking and joint parking facilities. The ordinance requires 50 parking spaces for the proposed restaurant. Since the proposed drive- through takes up a significant amount of space on this narrow property, there is not enough space to include both the drive-through and the required parking on-site. In order to accommodate the drive-through, Wendy’s is proposing a substantial reduction in the existing on-site parking. Approximately 30 parking spaces currently exist on the site. Wendy’s proposes to provide only 14 on-site parking spaces (15 are shown on the plans reviewed by the Planning Commission, but one would be lost to meet handicap parking requirements). Nine of these parking spaces would be east of the drive-thorough; the remainder would be west of it. For the remaining 36 required spaces, Wendy’s has proposed to share parking with Miracle Mile through the use of the Zoning Ordinance off-site and joint-parking provisions. It is anticipated a majority of customers will use the main shopping center lot, just west of the proposed site. A parking analysis, conducted by SRF, concluded that there is sufficient parking supply throughout the entire Miracle Mile shopping Center, however based upon the location of available parking it would be difficult for a patron to find a parking space near their desired destination during peak conditions. SRF did indicate that further peak hour observations and analysis was needed to determine the full impacts of any overflow parking expected from the proposed Wendy’s. Therefore, staff conducted its own parking analysis (see attached parking counts). Staff found that in spite of current vacancies in Miracle Mile, between 70-80% (12-22 spaces out of 77 were open) of the main shopping center lot is full during peak hours, which were similar to SRF’s observations. Thus, the increased parking demand that would be generated with the proposed Wendy’s restaurant will cause a shortage of parking in this main lot. It will also displace the current patrons of Miracle Mile. Therefore, the Planning Commission finds that the proposal does not meet the joint parking ordinance condition requiring the applicant to demonstrate that “..:because of the hours, size and mode of operation of the St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 5 of 30 respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use.” (Sec. 36-361(b)(2)(m)(1) The Planning Commission finds that the proximity of the parking should be taken into consideration as part of the mode of operation of the uses, since these are retail and convenience food uses, and customers will not park distant from the uses. Therefore, customers will find that there is not adequate parking available to meet the needs of each use as required. The Planning Commission is also concerned that when parking is not available nearby, customers will be more likely to park in illegal places, such as in the drive aisle east of the existing Miracle Mile building, which is also necessary for access to the fire hydrant. The Planning Commission finds that this violates a Zoning Ordinance condition for on-site parking, which states. “The failure to provide on-site parking will not encourage parking on the public streets, on other private property, or in private driveways or other areas not expressly set aside for off-street parking purposes.” (Sec 36-361(b)(2)(l)(4)). For more detailed analysis see the parking description beginning on page 7 of the attached planning commission staff report. c. The proposed drive through will have an adverse impact on adjacent residential properties in close proximity. The Zoning Ordinance general conditions for CUPs include a condition that the permit not be issued unless the following finding can be met: “It will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use”. (Sec 36-365(b)(5)). Wendy’s is proposing to close the drive-through at 1:00 a.m. Staff recommended to the Planning Commission that Wendy’s be required to close the drive-though at 11:00 p.m. Wendy’s has indicated that closing the drive-through much earlier than 1:00 am would create a financial hardship. During the public hearing, the Planning Commission asked the Wendy’s representative if they could live with the 11:00 closing time, and Wendy’s did not agree to the condition. This seems to indicate that Wendy’s is expecting a high volume of late night drive- through customers. Several neighboring residents expressed a concern that the noise associated with these late hours would have a negative impact. The drive through would generate noise from vehicles, radios, and potentially the ordering menu. The drive through entrance is proposed to be the minimum 100 feet from the nearest residential property. This is closer to residential than any other drive-through facility within the City. The proposed closing time is also later than any other drive-through in the City. The City’s noise ordinance defines nighttime hours as beginning after 10:00 pm. The Planning Commission finds that late night hours and noise generated from the drive-through would have undue adverse impacts on the use and enjoyment of properties in close proximity. d. Does not fully conform with the Comprehensive Plan: The Zoning Ordinance general conditions for CUPs also include a condition that the proposed use “…is consistent with and supportive of the principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the Comprehensive Plan (Sec. 36-365(b)(1)). The Planning Commission finds that the drive- St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 6 of 30 through is not consistent with the following Comprehensive Plan principles, goals, and objectives: Chapter P Redevelopment, Excelsior Boulevard, Park Commons principle redevelopment goals: • Intensify land use to create a compact, walkable town center The proposal does not intensify land use in a compact, walkable manner. The drive-through makes the area less walkable by separating parking from the entrance and by blocking pedestrian routes during peak times. • Replace existing one-story commercial buildings with multi-story mixed use buildings The proposal is for a single-story, single-use building and therefore the Planning Commission finds that the proposal does not meet this principle. • Create a logical intermodal internal circulation system, which accommodates pedestrians, bicyclists, disabled persons, and autos by connecting with surrounding neighborhoods, parks, and enhanced public transit, and trails The Planning Commission finds that the circulation system is not logical, since it will impede site circulation. The Planning Commission also finds that the drive-through does not support intermodal circulation, since it increases potential conflicts with pedestrians and bicyclists. Administrative Concerns: Although Wendy’s has not agreed to staff’s proposed conditions of approval, the Planning Commission indicated that such conditions would be difficult to enforce and would lead to administrative difficulties. Staff concurs that any conditions of approval to attempt to mitigate the impacts of the drive-through would be an administrative burden and difficult to enforce. Recommendation: The Planning Commission recommends denial of the conditional use permit in accordance with the findings included in the resolution and explained in this report. Wendy’s excerpts from the April 23rd Planning Commission meeting are attached and the full minutes of the May 7th Planning Commission meeting are also included in the Council packet. Attachments: • Proposed Resolution of Denial • Staff’s May 7, 2003 report to the Planning Commission • Excerpts from the April 23, 2003 Planning Commission meeting • Development Plans reviewed by Planning Commission (supplement) • SRF’s Traffic & Parking Study (supplement) St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 7 of 30 • Staff’s parking observations (supplement) • Neighborhood correspondence (supplement) • May 16, 2003 Letters from Wendy’s (supplement) • May 22, 2003 Letter from staff (supplement) • May 29, 2003 Letter from Wendy’s attorney (supplement) • Revised plans submitted by Wendy’s on May 29, 2003 (supplement) • May 28, 2003 Letter from Landform • May 27, 2003 Letter from Miracle Mile • May 28, 2003 Noise Assessment Letter Prepared by: Julie Grove, Associate Planner Janet Jeremiah, Planning and Zoning Supervisor Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 8 of 30 RESOLUTION NO. 03-062 A RESOLUTION OF DENIAL REGARDING THE APPLICATION OF WENDY’S INTERNATIONAL, INC. FOR A CONDITIONAL USE PERMIT UNDER SECTION 36- 194(d)(11) OF THE ST. LOUIS PARK ZONING CODE RELATING TO ZONING TO PERMIT IN-VEHICLE SALES/SERVICE (DRIVE-THROUGH USE) FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 5001 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Wendy’s International, Inc. has made application to the City Council for a Conditional Use Permit under Section 36-194(d)(11) of the St. Louis Park Zoning Code for the purpose of permitting in-vehicle sales/service (drive-through use) within a C-2 General Commercial District located at 5001 Excelsior Boulevard for the legal description as follows, to wit: That part of Section 7, Township 28 North Range 24, West of the Fourth Principal Meridian, described as follows: Commencing at a point in the center line of Excelsior Avenue distant 901 feet Northeasterly along said center line from its intersection with the center line of Wooddale Avenue; thence Southeasterly at right angles to said center line of Excelsior Avenue a distance of 350 feet; thence Southwesterly parallel with said center line of Excelsior Avenue a distance of 70 feet; thence Northwesterly a distance of 350 feet to a point in the center line of Excelsior Avenue distant 70 feet Southwesterly from the point of beginning; thence Northeasterly to the point of beginning. 2. On April 23, 2003, the Planning Commission held a public hearing, received testimony from the public, discussed the application, acknowledged the applicant’s request to continue the public hearing until May 7, 2003, and on a vote of 4-0 moved to continue the public hearing until May 7, 2003. On May 7, 2003, the Planning Commission continued the public hearing, received testimony from the public, discussed the application, and on a vote of 7-0 moved that the Planning Commission recommend denial of the proposed conditional use permit. 3. The City Council has reviewed the application for compliance with the applicable performance standards, general conditions and specific conditions, considered the advice and recommendation of the Planning Commission (Case No. 03-03-CUP) and the effect of the proposed in-vehicle sales/service (drive-through use) on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic, parking and pedestrian St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 9 of 30 conditions, the effect on the use, enjoyment and values of properties in the surrounding area, conformance with the goals and objectives of the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance, and finds the following: a. The proposed in-vehicle sales/service does not comply with the Zoning Ordinance condition requiring the drive-through to be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian and vehicular conflict (Sec. 36-194(d)(11)(e)) for the following reasons: i. vehicles waiting to use the drive-through during peak times are expected to block circulation aisles, access to parking spaces, and pedestrian routes; ii. the drive-through separates most of Wendy’s proposed on-site parking from the building entrance thereby requiring pedestrians to cross the drive-through and exacerbating the potential for pedestrian and vehicular conflict. b. The proposed in-vehicle sales/service restaurant does not comply with Zoning Ordinance requirements for on-site parking (Sec. 36-361(c)(1)(d)(17)) and does not meet Zoning Ordinance conditions for off-site parking and joint parking facilities (Sec. 36-361(b)(2)(l)(4) and 36-361(b)(2)(m)(1)) for the following reasons: i. the narrow width of the property does not allow space to include both the drive- through and the minimum number of required on-site parking spaces; ii. the most proximate off-site parking to share is not available during peak times due to the hours, size and mode of operation of the uses that would be sharing the parking; iii. due to a lack of available proximate legal parking, there is an increased likelihood that Wendy’s customers will park in drive aisles, fire lanes and other areas not expressly set aside for customers. c. The proposed in-vehicle sales/service does not comply with the Zoning Ordinance general condition that it will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the proposed conditional use (Sec. 36- 365(b)(5)) due to proposed late night in-vehicle sales/service hours and noise. d. The proposed in-vehicle sales/service does comply with the Zoning Ordinance finding that it is consistent with and supportive of the principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the Comprehensive Plan (Sec. 36-365(b)(1)) for the following reasons: i. the in-vehicle sales/service does not comply with Redevelopment Chapter goals for this area (Park Commons) to create a walkable town center, replace existing single-story buildings with multi-story mixed-use buildings, and create a logical intermodal internal circulation system which accommodates pedestrians, bicyclists, disabled persons, and autos by connecting with surrounding neighborhoods, parks, and enhanced public transit and trails; ii. the in-vehicle sales/service does not comply with Livable Communities Chapter goals for safe, pedestrian-oriented development; and iii. the in-vehicle sales/service does not comply with Plan By Neighborhood Chapter development guidelines prohibiting car washes and similar heavier commercial uses in this area (Minikahda Vista neighborhood). St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 10 of 30 4. The contents of Planning Case File 03-03-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 in-vehicle sales/service (drive-through use) at the location described is hereby denied based on the findings set forth above. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: The applicant’s request for a Conditional Use Permit to permit in-vehicle sales/service (drive-through use) is hereby denied based on the findings set forth above. Reviewed for Administration Adopted by the City Council June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 11 of 30 Planning Commission Agenda Item # *** Meeting of May 7, 2003*** 3A. Public hearing on Wendy’s request for a Conditional Use Permit for in-vehicle sales/service (drive-through use). Case 03-03 CUP 5001 Excelsior Blvd Recommended Action: Motion to recommend approval of the conditional use permit subject to the conditions recommended by staff. Zoning: C-2, General Commercial Comprehensive Plan Designation: Commercial Background: Wendy’s International, Inc. is proposing a restaurant with a drive-through service on the south side of Excelsior Blvd located on property between the Miracle Mile Shopping Center and Schlotzsky’s/Baja Tortilla Grill. The proposal would redevelop the former Sage Hen site. A new 3,285 square foot building is proposed to front on Excelsior Boulevard. The main entrance would face the Miracle Mile parking lot to the west. Fifteen (15) parking spaces are proposed on-site. Parking is also proposed to be shared with the Miracle Mile Shopping Center lot. Access to the site would be provided via shared driveways off Excelsior Boulevard. The existing driveways provide access to the Miracle Mile Shopping Center, and the subject property. The drive through entrance would be located on the west side of the Wendy’s near the rear property line and would exit on the east side of Wendy’s near Excelsior Blvd. Wendy’s International, Inc would lease this property from Intercity Investment Properties Inc, who also owns the Miracle Mile Shopping Center. Miracle Mile Shopping Center is under an existing special permit, and consists of all the of the property surrounding the subject site, including the mall to the west and Baja Tortilla Grill/Schlotzsky’s to the east. Wendy’s would need to share parking with Miracle Mile, because Wendy’s cannot provide enough on-site parking. The project requires a Conditional Use Permit for the in-vehicle sales/service (drive-through) in the C-2, General Commercial District. SRF consulting has been hired by the City to complete a traffic and parking analysis. Wendy’s reimbursed the City for the cost of the study. The parking study suggests some additional parking analysis is necessary at peak shopping center times to determine if shared/joint parking conditions can be met. This analysis has been conducted and incorporated into this report. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 12 of 30 Neighborhood meetings were held on February 13 and 14, 2003 before the traffic and parking analyses were conducted. Several concerns were raised by neighbors at that time and since via E-mail (see attachments). The project has also received mixed responses from neighboring commercial uses. On April 23, 2003, The Planning Commission held a public hearing to consider the request. Staff recommended a continuance to allow time for staff to work with the applicant to resolve landscape and shared parking variance issues and to confirm certain assumptions in the traffic and parking studies. The applicant also requested a continuance. The Planning Commission heard testimony and voted 4-0 to continue the public hearing until May 7, 2003. On May 1, 2003, staff had a meeting with Wendy’s representatives to work through the issues. On May 2, 2003, Wendy’s submitted revised plans to address some of staff’s concerns. The changes are analyzed in the report. The staff report has been amended and new information is in bold. Some outdated information has been deleted from the April 23rd Planning Commission report. Issues: • Does the proposal meet the Conditional Use Permit requirements? • What issues exist with regard to access, circulation, pedestrian movement, and parking for this development? • Are other Zoning Ordinance standards being met including C-2 standards? • What concerns have been expressed by neighbors so far and how are they being addressed? • Are there any other issues? Issues Analysis: • Does the proposal meet the Conditional Use Permit requirements? The current zoning on the subject property is “General Commercial”. The drive through portion of the proposed development is a conditional use in this district. Conditions established by the Zoning Code include: 1. Drive-through facilities and stacking areas shall not be located within 100 feet of any lot in an R district unless the entire facility and stacking areas are separated from the lot in an R district by a building wall. The proposed drive-through entrance is proposed to be 100 feet from the residential property to the south. The stacking area is proposed to be north of this entrance. The properties immediately surrounding the subject site are commercial. Staff believes this condition is met. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 13 of 30 2. A bufferyard D shall be provided along the lot line between drive-through facilities and stacking areas and adjacent streets and properties. Since the April 23, 2003 Planning Commission meeting, the landscape plan has been revised to incorporate the minimum 5 foot wide islands and the minimum 8 foot tree spacing for columnar overstory trees. Spreading canopy trees are spread at greater distances. The “City Forester” haw indicated that the soil area appears adequate for the proposed species. The revised plan requires some additional bufferyard units. 683 units are required, and 657 units on the proposed plan can be counted. Staff believes the additional units could met by adding some decorative fencing or other landscape feature. Staff recommends requiring a revised plan prior to Council consideration. An irrigation plan will be required prior to building permit issuance per ordinance. 3. Stacking shall be provided for six cars per customer service point and shall comply with all yard and bufferyard requirements. The City’s policy requires approximately 20 feet of length for each car (18 feet for a car length plus 2 feet distance between cars). The City’s policy is to measure from the menu board/order point (this is how stacking was measured for the Arby’s in Park Place Plaza and is still minimal to meet needs). Wendy’s has submitted a revised landscape plans which shows the menu board and speaker located closer to the building, thus meeting this requirement. Staff recommends a full set of revised plans incorporating this change be submitted prior to Council consideration. 4. This use shall only be permitted when it can be demonstrated that the operation will not have a significant adverse affect on the existing level of service on adjacent streets and intersections. SRF completed a traffic study to determine the traffic impacts at the key intersections within the segment study of Excelsior Blvd. A traffic operations analysis was conducted during the p.m. peak hour at key intersections near the project area and determined that traffic currently operates at Level of Service (LOS) C or better. This is considered acceptable. The p.m. peak hour traffic volumes represent a worst-case scenario as it was determined there are approximately 800 more vehicles on Excelsior Blvd during the p.m. peak hour than the noon peak hour. It was noted that approximately 20% of the eastbound left-turn movements at the full access east of Schlotzsky’s/Baja Tortilla Grill (12 vehicles) and at Quentin Ave/Excelsior Blvd (16 vehicles) intersections are currently making u-turns. Trip generation estimates for the daily and p.m. peak hour were calculated for the proposed redevelopment and a traffic operations analysis was conducted for the year 2004 (one year after opening). SRF has incorporated the traffic operations of the approved Excelsior and Grand redevelopment project that is currently under construction further east on Excelsior Blvd into this analysis. A directional trip distribution for the proposed site- generated traffic based on current travel patterns in the area was also developed. This includes trips generated for the Chipotle Mexican Grille and the Excelsior and Grand St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 14 of 30 development on the north side of Excelsior Boulevard (See page 6 of the traffic study). It was determined that all key intersections are expected to continue to operate at an acceptable overall LOS C or better during the p.m. peak hours conditions, with existing geometric and traffic control. One turning movement at one intersection (the easternmost full access driveway entrance to Miracle Mile-east of Schlotzsky’s) is shown at a LOS F. SRF has indicated that the City should consider restricting certain movements at this intersection. However, the issues appears to be independent of the Wendy’s proposal. Results of this analysis take into account the increase of u-turn movements, which are expected to increase by approximately 10 vehicles with the proposed development. The study recommends changing the full access driveway intersection east of Schlotzsky’s so that cars could not make u-turns at that location. All u-turns would have to be made at Quentin. It should be noted that the traffic study assumed all drive-through customers would use the right-turn only exit onto Excelsior Blvd. All customers who wanted to travel westbound on Excelsior Blvd would make a u-turn at Quentin rather than turn right (south) on Quentin, west on 40th St. and north on Wooddale to make a left turn at the light. To verify this assumption, SRF conducted additional analysis on traffic patterns on 40th St.. They found that over the past 4 years there has been an increase in vehicles traveling on 40th Street. This increase appears to be the result of more vehicles originating east of Quentin traveling on 40th Street, not from Excelsior Blvd. vehicles turning south on Quentin and west onto 40th Street towards Wooddale Ave. There was actually a decrease in vehicles making turns onto 40th from southbound Quentin. SRF assumes that the increase is due to residents using 40th to avoid Excelsior Blvd (see additional analysis on page 13 of the traffic analysis). 5. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian or vehicular conflicts. . The proposed plan provides on-site parking south of the proposed restaurant, on both sides of the drive-through. Customers using the eight western spaces would walk from this parking area to a sidewalk adjacent to the southwest corner of the building. A 4.5 foot sidewalk (measured from the back of curb) and crosswalk is provided near the center of the drive-through for those customers who use the eastern 10 spaces. A 4.5 foot sidewalk is below the ordinance standards for commercial sidewalks adjacent to public streets, however is acceptable for internal sidewalks. It is assumed that a majority of customers would use Miracle Mile’s main parking lot to the west of the site. These customers will have to cross an internal roadway to get to the restaurant. There are currently marked crosswalks to guide pedestrians to the proposed restaurant entrance. SRF reviewed the pedestrian traffic from the Miracle Mile main parking lot to the proposed restaurant and determined that with lower speeds on this site, the pedestrians should not experience difficulty crossing. One of these crosswalks is located in the center of a parking row. Staff recommends it be widened so that it extends the full length of the adjacent landscape island. In this manner, a portion would be located directly in front of the entrance and it would be more visible. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 15 of 30 6. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. . Currently there are two full-access and two right-in/right-out access driveways for the Miracle Mile shopping Center along Excelsior Boulevard, which is identified in the Comprehensive Plan as a minor arterial street. The east full access is recommended to be redesigned so that you could not turn west on Excelsior Blvd. There is another full-access driveway along Wooddale Avenue, south of the shopping center, at the west end of Miracle Mile. Wooddale is identified in the Comprehensive Plan as a major collector street. SRF concluded that since there are currently three driveways available to exit the site to travel westbound on Excelsior Blvd, it is not expected that motorists would travel the extra distance to use the residential streets to the south, such as 40th St., as an alternative route. Although one of the westbound opportunities might be eliminated, SRF felt those cars would proceed to Quentin and make u-turns. As noted, SRF has verified this assumption. Staff anticipates some vehicles may want to use a signalized intersection to head west on Excelsior Blvd instead of making a u-turn. To help direct these vehicles to the signalized intersection at Park Nicollet Blvd. or Wooddale Ave., directional signage could be installed to point the way. If the Planning Commission believes this would be preferable to increasing u-turn traffic on Excelsior Blvd., they should recommend directional signage. Staff has verified that the full Miracle Mile access on Wooddale south of the shopping center building is open to customer use. However, a sign does indicate that it is a private drive and not a through street. Speed bumps also deter through movements. 7. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. This condition is not applicable as a canopy is not being proposed. 8. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added a means of satisfying this requirement. This development is located in the Park Commons redevelopment district. The goals of this district include: • Strengthen area as a major employment, shopping, living and leisure area. • Replace existing single story commercial buildings with multi-story mixed uses. • Create a logical internal circulation system, which accommodates pedestrians, bicyclists, disabled persons, and autos by connecting with surrounding neighborhoods…. • Provide additional employment opportunities. • Strengthen area as a major commercial service area by attractive and compatible uses. • Provide parking in rear of buildings. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 16 of 30 • Enhance public realm amenities. Staff believes that the proposed development does meet several of the above goals by redeveloping a commercial site that is currently vacant, creating job opportunities, providing additional commercial services in the area. The developer is proposing to provide additional sidewalks that would break up the existing parking lot and create pedestrian connections. An outdoor patio area is proposed between the restaurant and Excelsior Blvd, which would enhance the streetscape amenities. The bufferyard landscaping will add a substantial amount of vegetation and green space in an area that is currently an open parking lot. Some goals can be met by accommodating staff’s recommendations. Specifically, the front parking spaces should be eliminated so that all parking is located in the rear of the proposed building. Minikahda Vista Neighborhood Goals specify that redevelopment within this area is subject to the requirements of a redevelopment plan. This neighborhood plan does envision that some of the parcels redevelop into mixed commercial and civic uses. What issues exist with regard to access, circulation, and parking for this development? Access, circulation The subject site is located in the middle of the Miracle Mile Shopping Center and is surrounded by the shopping center’s internal roadway and parking lot. Wendy’s is proposing to share access and parking with the shopping center as there is not a street access on the subject site. There are two access points off of Excelsior Blvd, one directly east and one just west of the subject site. The main access to the Miracle Mile Shopping Center is a signalized intersection at Excelsior Boulevard and Park Nicollet Blvd. The main parking lot for the shopping center has two circulation aisles parallel to Excelsior Blvd. This lot is located to the west of the subject site and it is assumed that patrons of the proposed Wendy’s would use this site because of its close proximity to the main entrance. Shared parking and access agreements would be required, since the Wendy’s site is a separate property that could be sold to a different owner. The City Attorney has also indicated that the Miracle Mile Special Permit would need to be amended to accommodate these changes, previous administrative approvals, and existing noncompliance with the Special Permit. However, the City Attorney has indicated that this should be handled separately from the Wendy’s application. As indicated earlier, the City commissioned SRF to conduct a traffic and parking analysis for this proposed development. As part of that study, SRF completed a review of the Miracle Mile developments access and circulation. Field observations were conducted during the noon and p.m. peak hours. Following is a summary of SRF’s findings. • Vehicles exiting at the main access to Miracle Mile do occasionally block the first aisle of parking for short periods of time. With the proposed development it is expected that the increase in northbound left-turn movements at the intersection will increase the potential for lines blocking these aisles on site, but will not have an impact on the adjacent roadway system. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 17 of 30 • Conflict between parking maneuvers for 8 of the proposed restaurant spaces and the internal roadway west of the proposed site bordering the east end of the main parking lot would be similar to current conditions. The drive-through is proposed to allow approximately 7 vehicles to stack before spilling out onto the internal roadway. If the line begins to extend onto the internal roadway, motorists are expected to provide a gap for vehicles to travel through the main parking lot. Site observations during the noon peak hour revealed a majority of the main parking lot was occupied. Although the site was relatively busy with currently land uses no circulation problems were observed. An increase in activity along this internal roadway is expected with the proposed development. It will help that the drive- through is located south of the main parking lot, where most of the circulation operations occur. • Based on the layout of the proposed drive-through, the east access is expected to be the main exit for customers leaving the proposed site. Few motorists other than delivery trucks currently use this access. SRF recommends that the drive-through vehicles should have the option to make a right turn to circulate back through the shopping center and exit using the signalized intersection. It is also recommended that the east access be modified to be a right- out only access; and that “STOP” signs be installed at the south approach of this access and at the end of the drive-through. There is currently not a stop sign in this location. Hennepin County also recommends a stop sign be installed in this location. • It is estimated 50% of the vehicles leaving the site to travel west, would travel through the main parking lot to use the signalized intersection. These motorist may experience delays traveling through the parking lot during peak hour conditions. As discussed earlier, it is expected that there will be an increase in u-turn movements on Excelsior Blvd from motorists leaving the proposed site. For this analysis, no generated trips were assigned to the Wooddale Ave. south driveway behind the Miracle Mile Shopping Center. Parking: Ordinance requires 1 parking space for each 60 square feet for restaurants without intoxicating liquor. Wendy’s is proposing a 3,285 square foot restaurant. This would require 55 spaces. Because a transit line runs along Excelsior Blvd, this site is permitted a 10% reduction in parking, thus 50 spaces are required on-site. Wendy’s is proposing 15 parking spaces on site. According to the City’s Building Official, in order to meet ADA requirements approximately two of these spaces will have to be utilized as handicapped accessible, leaving 14 on-site spaces. For the remaining 36 spaces required per ordinance, Wendy’s is proposing to share parking with the Miracle Mile Shopping Center through the use of the ordinances Off-site and Joint-Parking provisions. In order to share parking with Miracle Mile, Wendy’s must meet the following requirements of the ordinance’s joint parking and off-site parking provisions. Joint parking provisions: St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 18 of 30 1. The applicant demonstrates to the zoning administrator that, because of the hours, size, and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use. As will be discussed in more detail below, the shopping center with the proposed development does meet the ordinance parking supply requirements and provides an adequate parking supply according to SRF’s peak parking demand estimates. However, it is important to consider the location of the parking supply in relation to the uses. Wendy’s proposed on-site parked is in two locations: just north of the drive through entrance, and east of the drive through adjacent to the Schlotsky’s/Baja property. Staff and Wendy’s agree that this parking may be virtually inaccessible during peak drive through times. Therefore Wendy’s will primarily depend upon parking in front of Miracle Mile between the main Miracle Mile entrance drive and the Wendy’s building during peak times. In their parking analysis, SRF provided observations related to site operations. These observations revealed that the main lot, west of the proposed development, was between 60-80% full during the noon peak hour even though Sage Hen and other Miracle Mile tenant spaces (Creative Expressions, etc.) are currently vacant (see page 15 of the traffic study). Also, the parking lot behind the vacant sage hen building (proposed Wendy’s site) was approximately 60% full. SRF stated it assumed these vehicles would need to be relocated to other parking areas on-site to accommodate future Wendy’s customers. In addition, SRF stated that based on current observations, it is likely that although there will be available parking, the chances of a patron finding a parking space near their desired destination may become difficult during peak conditions. SRF did indicate that further peak hour observations and analysis was needed to determine the full impacts of any overflow parking expected from the proposed Wendy’s. Therefore, staff conducted its own parking analysis (see attached parking counts). Upon site visits during the noon peak hour, staff made similar observations to SRF and found that the main parking lot was approximately 70 -80% full (14-22 spaces remained open), and the lot behind the vacant building was 60% full (13 spaces remained open). Staff also found the parking area in the rear portion of the site (along the south lot line & behind the shopping center) was also 70-80% full (10-16 spaces open). Staff has discovered that employees in the Miracle Mile Shopping Center are required to park in the rear. Therefore, staff assumes that the vehicles parking behind the vacant building are also employees. It is assumed that employees could be required to park in locations further away from their respective use thus could be relocated from this area. This may require changes to the existing signage along the rear parking area where 2 hours limits currently exist. Since the traffic study says the overall shopping center peak is in the evening, staff also conducted evening peak analysis (5:00-6:00 p.m.) during the weekday. Staff observed that the main lot was approximately 50% full with 40 spaces open and the rear lot was 61% full. To get a better understanding of the volumes of traffic a Wendy’s restaurant generates during noon peak times staff conducted site visits to the Wendy’s located at Excelsior Blvd and 11th Street in Hopkins. On two separate visits at 12:30 p.m., staff observed 15-16 St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 19 of 30 vehicles stacked from the ordering point with at least 7 more vehicles stacked between the pick-up window and the ordering point. Staff also counted 43-44 vehicle parked in the lot. If the proposed Wendy’s ever experiences similar parking and stacking volumes during the noon peaks, there will be a shortage of available parking in close proximity to Wendy’s. Staff is concerned that this could result in customers parking in illegal places, such as in drive aisles or fire lanes. Staff has witnessed this occurring within Miracle Mile already. A fire hydrant exists near the drive through entrance, so it will be important to prevent any parking in that area. Also, the number of proposed stacking spaces for the drive-through are minimal compared to other newer Wendy’s, such as in Hopkins. If there are fifteen vehicles stacked from the proposed ordering point, the vehicles would be backed up to the first row of parking in front of the Miracle Mile building. Staff believes that the proposed on-site parking and parking in the rear of Miracle Mile would be difficult to get to and would rarely be used by Wendy’s customers under these circumstances. Currently the row adjacent to the Miracle Mile building is limited to 15 minute parking and the row closest to Excelsior Blvd is limited to 2 hours. To ensure that there will be available parking accessible to Wendy’s customers in close proximity to the entrance, staff recommends that the 36 off-site parking spaces, as required per parking ordinance, be reserved in the Miracle Mile main parking lot. Staff suggests reserving portions of the three northern rows so that the spaces are closest to Wendy’s west entrance. Staff further suggests that future Wendy’s employees be required to park in spaces along the southern property line of the Miracle Mile lot. Rather than reserving the spaces for Wendy’s customers only at all times, Wendy’s proposed installing signs with 30 minutes limits on a portion of the spaces and/or reserving the spaces during peak restaurant times only. Wendy’s indicated that they would discuss options with Miracle Mile and hope to provided an update during the Planning Commission hearing. Staff recommends including a condition of approval requiring Wendy’s to submit a plan for reserving 36 spaces in the northern 3 aisles of the adjacent Miracle Mile parking lot immediately west for Wendy’s customers only or an alternative approved by the Zoning Administrator to ensure adequate convenient parking for Wendy’s. This would entail displacement of existing convenient customer parking for the business on the east end of the shopping center building and would have to be agreed upon by Miracle Mile. 2. The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lots on which the parking facility which satisfies the parking requirement of this chapter is provided. Those covenants shall contain all of the conditions of the joint agreement and shall grant an easement for parking to the joint principal use lots. The manner of execution and content of such covenants shall be in a form approved by the City Attorney and the document containing the covenants shall be recorded with the county recorded or the registrar of titles for the county. Parties to the covenant shall reimburse the city for the costs of legal review. See off-site parking condition #2 below. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 20 of 30 3. Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum article requirements for the use which requires the most parking. The total amount of parking required per City Ordinance for the Miracle Mile Shopping Center (including Baja/Schlotzsky’s building), with a transit reduction, is 517 spaces. This figure was determined by calculating the restaurant and shopping center parking requirements. Restaurants without liquor require 1 space per each 60 square feet of building. The chinese restaurant within Miracle Mile and the proposed Wendy’s restaurant were calculated under these requirements. A shopping center requires 1 space per 220 square feet of building area. Restaurants which provide less than full service within shopping centers also require 1 space per 220 square feet. Staff made the interpretation that because Schlotzsky’s & Baja Tortilla Grill are not the typical “full service” wait staff style restaurant and because their building is part of the Miracle Mile special permit, they could be counted as less than full service. However, the provision was not intended for stand-alone restaurant buildings. Because the proposed Wendy’s site is a stand-alone building and is not under the shopping center special permit, it is not subject to this reduction and the restaurant without liquor requirements were used. With the proposed Wendy’s the parking supply for the entire shopping center and Wendy’s would be 544 spaces. Therefore, there would be a surplus of 25 spaces more than required by ordinance. SRF conducted a peak parking demand analysis to determine whether the excess demand from Wendy’s can be accommodated by the shopping Center’s total parking supply. They determined the peak demand to be 536 spaces. (See page 13-15 of the traffic/parking analysis). Therefore, the entire parking supply meets both the parking ordinance requirements and the parking demand estimates. The actual location of these spaces was discussed above. 4. Any change in use or in the conditions of the joint parking agreement nullifies the agreement. Any parties to the nullified agreement which cannot meet the required parking shall become illegal uses and shall lose their certificate of occupancy. Miracle Mile should be aware that the joint parking agreement will limit their flexibility to lease retail space to more intensive uses, such as restaurants, in the future. As noted the City Attorney has indicated that the Miracle Mile Special Permit will have to be amended to address these and other changes. Off-site parking provisions: 1. A paved pedestrianway from the off-site parking facilities to the use being served has been provided and is properly maintained. As stated earlier, sidewalks are proposed throughout the site, connecting the southern parking to the restaurant. Staff believes this condition has been met. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 21 of 30 2. The off-site parking area and the lot on which the principal use is located must be in the same ownership, or the use of the parking facilities shall be protected by covenants that run with the land on both the lot on which the parking facility is provided and the lot on which the principal use is located. The manner of execution and content of such covenants shall be written in a form that is approved by the city attorney and the covenant must be recorded with the county recorder or registrar of titles for the county. As stated earlier, Wendy’s will be leasing the subject site from Intercity Investments Properties, Inc., who also owns the Miracle Mile Shopping Center. Shared access and parking provisions have been provided in this lease agreement. Staff recommends that the City Attorney review these provisions and that it be recorded prior to any site work should the CUP be approved. With this condition staff believes this condition has been met. 3. The closest point of the off-site parking area shall be located no more than 500 feet from an entrance to the principal building of the use being served as measured along an established path of travel between the parking lot and such entrance unless shuttle service is provided. The closest off-site parking space is a handicapped space within 50 feet from the proposed entrance. The closest regular parking space along an established route is approximately 80 feet from the entrance. Staff believes this condition has been met. 4. The failure to provide on-site parking will not encourage parking on the public streets, on other private property, or in private driveways or other areas not expressly set aside for off- street parking purposes. The proposed plan provides 14 parking spaces on the south portion of the site. Nine (9) of these are east of the drive through lane and would require customers to cross the drive-through and walk to the entrance on the west elevation. As indicated, staff believes the on-site parking spaces may be difficult to access at peak times. Staff anticipates a majority of customers who park will use the main shopping center lot, just west of the proposed site. As stated previously, during the noon peak hour a majority of the main lot is occupied. Therefore, staff is concerned that the increased parking demand with the proposed restaurant will cause a shortage of parking in the main lot. When parking is not available nearby, staff believes customers may be more likely to park in illegal places, such as in the drive aisle east of the existing Miracle Mile building. On a recent site visit, staff did witness a vehicle parked next to the building in the drive aisle. A fire hydrant is also located in this aisle, so safety is a concern. Staff does acknowledge that if spaces are not available for Wendy’s customers they may decide to use the drive-through. However, additional stacking could lead to site circulation problems. To discourage illegal parking staff recommends as a condition of approval that signage and curb parking be installed making the aisles no parking fire land zones that that cars will be towed if parked in these locations (no such signage exists on site today). Staff would expect the developer and Miracle Mile Shopping Center to enforce these no parking zones. Fines would be imposed if parking was found to occur in unapproved areas. If the problem continued and was not corrected in a reasonable amount of time staff recommends St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 22 of 30 terminating the CUP and rescind the certificate of occupancy for the drive through. The City Attorney has reviewed the proposed conditions of approval. 5. The off-site parking shall be maintained until on-site parking is provided or an alternate off- site parking facility which meets the requirements of this chapter has been approved by the zoning administrator. The proposed off-site parking area is an existing lot that is part of the shopping center. Staff does not anticipate the removal of these parking areas. • Are other Zoning Ordinance standards being met including C-2 standards? Compliance Table C2 Ordinance Proposed Height 6 stories or 75 feet 19 feet Setbacks Front: 50 feet Side: none Rear: none (except for drive- through) Front: 50 feet Side: 13 feet Rear: 120 feet Parking Max required: 50 after 10% transit reduction 14 spaces on-site, the remaining parking is proposed to be shared with Miracle Mile Landscape Buffers Bufferyard D required to screen drive-through Bufferyard D Floor Area Ratio 2.0 max .27 C-2 District general standards: Dimensional standards and density requirements for the C-2 District must be met including Floor Area Ratio (FAR), setbacks, and height. All of these standards are proposed to be met. Landscaping: The project is proposing to meet the street frontage and general landscaping requirements. Bufferyard requirements were discussed above. Architectural Standards: The building is proposed to utilize brick, EFIS, tile, copper, glass and metal in a standard Wendy’s design. The Ordinance requires that 60% of the building material be Class I (copper, brick and glass are Class I materials). The south and east elevations do not meet this requirement as there are proposing approximately 49% and 43% Class I materials respectively. To meet the building wall deviation requirements, the off set between the freezer/cooler and trash enclosure on the west elevation must be 2 feet. It is currently proposed to be 1 foot 4 inches. The applicant has indicated that they are willing to make these changes and will submit revised plans. Staff recommends the revised elevation plans be submitted prior to Council consideration. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 23 of 30 Grading & Drainage: The Public Works Department has reviewed and approved the grading and drainage plans as meeting City requirements. A Watershed District permit is required and their approvals must be submitted to the City. Lighting/Signage: A lighting plan was submitted. The lights are proposed to be mounted on 16 foot poles. The ordinance requires that light levels cannot exceed 1 footcandle when the source of light abuts a commercial property. The proposed light levels are a little high in certain locations around the perimeter of the property. The applicant is working on revisions to this plan. Staff is recommending that revised lighting plans meeting ordinance requirements be submitted and approved by the Zoning Administrator prior to Council consideration. The applicant has not submitted a signage plan, however has provided information on the proposed location of signage. A pylon sign is proposed to be 20 feet from the front property line (which meets setback requirements) along Excelsior Blvd, and wall signs are proposed on two building elevations. The ordinance permits one freestanding sign on a street frontage. The amount of signage permitted on site is a maximum of 250 square feet. The area of freestanding signs will be determined by totaling the size of all faces. Each sign face can be a maximum of 150 square feet. A sign permit will be required prior to the installation of any signs. Trash & loading: The Ordinance requires that all trash handling and loading must be inside a building or be entirely screened from off-site views and consist of the same exterior facing materials as the principal building. The trash enclosure is proposed to be enclosed and attached to the south side of the building. The exterior materials on the trash enclosure must be consistent with the exterior materials of the building, thus will be required to be constructed of the same brick as the building. On the proposed plans it appears the exterior portion of the trash enclosure will consist of the same brick veneer as the rest of the building. A complete review of this will be conducted when building permit plans are submitted to ensure that all ordinance provisions and requirements for a food service establishment are being met. The trash enclosure is accessed on the west side of the site. Per City Code all refuse collection is only permitted between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00a.m. to 10:00p.m. on weekends and holidays. Staff assumes delivery/supply vehicles will pull up next to the curb alongside the proposed building. It is also assumed that these vehicles will sit idling while deliveries are being made and will access and exit the site by driving around the subject property, through the Miracle Mile parking lot. The residential property to the south is located adjacent to this parking lot. To limit the noise impact to the surrounding residential properties staff recommends delivery vehicles be subject to the same hours of operation as refuse collection. Because litter is often associated with restaurants with drive-through services, staff would encourage Wendy’s to provide extra garbage cans at key points throughout the site and promote their use as a good neighbor effort. What concerns have been expressed by neighbors so far and how are they being addressed? St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 24 of 30 Staff has received several correspondence regarding the proposed development through phone calls, email and letters. Some of the residents and business owners voiced their support. A majority voiced concern with noise, odors, litter, traffic, circulation, late hours of operation, and lighting. The letters and emails have been attached. Some of these concerns have been addressed previously in this report however, the remaining are addressed below. Noise & odors: Based on previous complaints the City has received from similar uses in the area, staff anticipates receiving complaints regarding odors and noise with the proposed use. Food odors are typically associated with restaurant uses. The city ordinance does states that offensive odors, noise or refuse matter are not permitted to become public nuisances. However, complaints of this nature are difficult to enforce. There are techniques that can be used (or is equipment that can be installed) to minimize potential cooking odors. Because the subject site is located in close proximity to residential properties, staff does recommend that Wendy’s install odor control equipment. Noise from the high vehicle volumes are also associated with restaurants especially those with drive-through services. In addition to complying with the City’s Noise Ordinance requirements staff recommends adding landscaping (evergreens and hedges) near the fence south of the property located on the Miracle Mile property adjacent to the residential homes to limit potential impacts. Currently, there is no landscaping in this area between the fence and Miracle Mile’s parking lot. Staff recommends revising the landscape plan to include a landscaped bufferyard in this area. The drive-through service is proposed to be open until 1 a.m. Several neighboring residents expressed a concern that these late hours could have negative noise and traffic impacts. McDonalds across Excelsior Blvd does close at midnight, but it is not in close proximity to any residential properties. Other fast-food establishments in the City (McDonald’s Lake St., Arby’s, Burger King, etc) close between 10:00 and 11:00 p.m.. Staff recommends requiring the Wendy’s drive-through to close at 11:00 p.m. due to the proximity to residential areas. This is one hour later than the City noise ordinance, which specifies that nighttime restrictions are enforced after 10:00 p.m. Lighting: Lighting levels are required to comply with City standards. The ordinance does state that the city may limit the hours of operation of outdoor lighting equipment if it believes it necessary to reduce the impact of light on the surrounding neighborhood. Construction routes: Staff is recommending several conditions to try to limit the impacts from construction, including truck traffic, noise, and dust and debris blowing from the site. These include: prohibiting construction vehicles from using the local streets to the south (i.e. 40th Street and Quentin Avenue); comply with all noise ordinances, including no construction activity between 10 p.m. and 7 a.m. weekdays (9 a.m. weekends and holidays); loud equipment shall be kept as far as St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 25 of 30 possible from residences; and the site shall be kept as free of dust and debris as possible; public streets shall be cleaned as necessary. • Are there any other issues? Special Permit amendment: Upon review of Miracle Mile’s existing Special Permit (including the Miracle Mile Shopping Center and the Baja/Schlotzsky’s site), it has come to staff’s attention that Miracle Mile shopping Center is currently not in conformance with their existing special permit. Certain administrative approvals for restaurants exceed maximums set by the special permit. The special permit for Miracle Mile should be amended to accurately reflect the current uses. This would not include the proposed Wendy’s site as this property was not included under the original special permit. Any approved joint parking agreements between the shopping center and Wendy’s should be incorporated into any future amendment to the special permit. Recommendation: Staff is recommending approval of the Conditional Use Permit subject to the following conditions: A. Prior to City Council consideration of the Conditional Use Permit, the following conditions shall be met: 1. Revised landscape plans for the Wendy’s site and adjacent south property line of the Miracle Mile property must be submitted and approved by the Zoning Administrator. 2. Submit a full set of plans that illustrate required stacking distances from the menu board/ordering speaker are met and the crosswalk from Miracle Mile parking is widened to the full length of the adjacent landscape island. 3. Revised elevation and floor plans and lighting plans meeting ordinance requirements must be submitted. B. Prior to any site work, the developer shall meet the following requirements: 1. A copy of the Watershed District permit shall be forwarded to the City. 2. Any other necessary permits from other agencies shall be obtained (i.e. Hennepin County). 3. Submit a plan to become one of the official Exhibits showing 36 reserved spaces for Wendy’s in the northern 3 aisles of the adjacent Miracle Mile parking lot to the west or an alternate plan for accommodating 36 peak demand times customer spaces for Wendy’s as approved by the Zoning Administrator. 4. Submit a plan to become one of the Official exhibits for modifying the access immediately east of the Wendy’s site to be a right-out only and to include a stop sign at the south approach of this access and at the end of the drive through as approved by the Public Works Director. 5. Sign assent form and revised official exhibits. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 26 of 30 6. Required erosion control permits, utility permits and other required permits shall be obtained from the City. 7. Prior to the issuance of a demolition permit, all utilities to the structure must be disconnected, plugged and capped as approved by the City Inspections Department. All services that are not going to be used for the new building must be disconnected and plugged or capped at the City Main. 8. Shared parking and access agreements must be executed and recorded as approved by the City Attorney. 9. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% the cost of all exterior site improvements, landscaping, and repair/cleaning of public streets. C. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. The building permit plans must meet exterior surface materials and wall deviations as specified in the ordinance and approved official exhibits. The exterior materials on the trash enclosure must be consistent with the exterior materials of the building. 2. The building permit plans shall include required screening of rooftop and other ancillary equipment as specified in the ordinance. 3. Irrigation plans shall be submitted and approved by the Zoning Administrator. D. The developer and all contractors shall comply with the following conditions during construction. 1. Construction vehicles shall be prohibited from using streets south of Excelsior Blvd., between Hwy 100 and France Ave. in St. Louis Park. 2. Meet any Fire Department emergency access requirements for during construction. 3 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. 4. The site shall be kept free of dust and debris that could blow onto neighboring properties. 5. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 6. Loud equipment shall be kept as far as possible from residences at all times. 7. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. E. All on- and off-site required improvements shall be completed in accordance with the approved Official Exhibits prior to issuance of a Certificate of Occupancy, including but not limited to : St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 27 of 30 1. The crosswalk on the Miracle Mile property immediately west of Wendy’s west entrance must be painted in accordance with the official exhibits. 2. No Parking Fire Lane signs and curb painting of no parking areas shall be installed as required by the Fire Marshall. 3. The east access (directly east of the subject site) must be modified to be a right-out only; and a “STOP” sign must be installed at the south approach of this access and at the end of the drive-through. 4. Installation of signage to reserve thirty six (36) off-site parking in locations convenient to Wendy’s as approved by the Zoning Administrator. 5. A bufferyard must be installed along the southern property line directly south of the subject property between the fence and parking spaces as approved by the Zoning Administrator. F. The drive through (in-vehicle sales/service) shall be required to close no later than 11:00 p.m. daily. G. All Wendy’s employees must park in the rear portion of the lot along Miracle Mile’s southern property line. H. Deliveries and refuse collection are only permitted between 7:00a.m. and 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. I. Prior to installation of any signs the applicant shall obtain sign permits. J. There shall be no parking in drive-aisles, fire lanes, or other unapproved areas. K. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. L. The City reserves the right to terminate the Conditional Use Permit and rescind the Certificate of Occupancy for the restaurant with drive through in the event that there are continued violations of the conditions of approval which the property owner fails to correct in a reasonable amount of time after receiving written notices from the City. M. Should the Zoning Administrator determine that lighting is a problem in the future, the City may limit the hours of operation of outdoor lighting equipment per ordinance. Attachments: • Development plans • Traffic & Parking Study • Staff’s parking observations • Neighborhood Correspondence Prepared by: Julie Grove, Associate Planner 952-928-2841; jgrove@stlouispark.org St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 28 of 30 Excerpts Planning Commission Minutes April 23, 2003 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. 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. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 29 of 30 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. 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. St. Louis Park City Council Agenda Item: 060203 - 8b - Wendy's CUP Page 30 of 30 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. St. Louis Park City Council Agenda Item: 060203 - 8c - Confirm Appointment of Dir of Tech and Support Serv Page 1 of 4 8c. Resolution confirming the appointment of Clint Pires to the position of Director of Technology and Support Services Recommended Action: Motion to adopt resolution confirming the appointment of Clint Pires to the position of Director of Technology and Support Services effective June 16, 2003 Background: The City Manager and Department Heads have met extensively during recent months to discuss the needs and structure of the organization. During these discussions it has become apparent that the organization’s technology infrastructure is growing, and that additional oversight and coordination is necessary to ensure balanced growth and effective utilization of our technological resources. In order to meet these needs, the City Manager has created the Department of Technology and Support Services, whose primary function will be “…to administer effective and coordinated management information systems utilizing computer technology which provides timely, accurate and meaningful data for decision-making and which supports and promotes the work within and among the various City departments.” The department will also coordinate planning and utilization of radio systems, wired and wireless services, cable television, and office services. The Department Director will report directly to the City Manager. Clint Pires, a 22 -year employee of the city has been appointed by the City Manager to the position of Director of Technology and Support Services. Mr. Pires has served as Deputy City Manager since August 1, 1998 and prior to that appointment served as Manager of Information Technology. In both of these capacities, Mr. Pires was directly responsible for the technology needs of the city. Duties formerly performed by the Deputy City Manager which were not related to technology will be redistributed throughout the organization. The creation of a separate and new department, and appointment of a Department Director is in recognition of the increased emphasis that technology will play in the city’s future. City Charter Section 5.04: Powers and Duties of the City Manager, states that with the consent of the council the City Manager may appoint all department heads and other officers of the City . At this time, the City Manager is seeking confirmation from the Council of the appointment of Mr. Clint Pires as Director of the Department of Technology and Support Services. Attachments: Resolution Organizational Chart – City (Supplement) Organizational Chart –Technology and Support Services (Supplement) Job Description – Director of Technology and Support Services Prepared By: Cindy Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 060203 - 8c - Confirm Appointment of Dir of Tech and Support Serv Page 2 of 4 RESOLUTION NO. 03-063 CONFIRMING THE APPOINTMENT OF CLINT PIRES TO THE POSITION OF DIRECTOR OF TECHNOLOGY AND SUPPORT SERVICES WHEREAS, St. Louis Park City Charter section 5.04 grants authority to the City Manager to control and direct the administration of the City's affairs and to appoint with the consent of the Council all Department Heads; and WHEREAS, the City Manager and Department Heads have identified a growing need in the organization to provide oversight and coordination of the organization’s technology infrastructure to ensure balanced growth and effective utilization of technological resources; and WHEREAS, Toward that end the City Manager has created a Department of Technology and Support Services to provide for those needs: NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that the decision of the City Manager to appoint Mr. Clinton Pires to the position of Director of the Department of Technology and Support Services is hereby confirmed. Reviewed for Administration: Adopted by the City Council June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 8c - Confirm Appointment of Dir of Tech and Support Serv Page 3 of 4 JOB DESCRIPTION Position Title Technology and Support Services Director Department Technology and Support Services Accountable To City Manager Date May, 2003 Primary Objective of Position Administers and supervises an effective and coordinated management information system utilizing computer technology which provides timely, accurate and meaningful data for decision-making and which supports and promotes the work within and among the various City departments. Coordinates planning and utilization of radio systems, wired and wireless services. Work is performed independently with the guidance and direction from the City Manager. Supervises the Department of Technology Services, which includes Division of Cable TV, Information Technology and Office Services. Essential Duties and Responsibilities 1. Administration s Responsible for general oversight of Community and Civic TV cable programming, and Telecommunications Advisory Commission activities. s Responsible for Information Technologies including networks, computer hardware and software, internal computer applications including the City Intranet. s Responsible for general oversight of Office Services including record storage, printing, imaging, mail services, office services and receptionists. s Selects and monitors vendors and consultants. Coordinates information management technology services among internal departments, LOGIS and with external sources such as vendors and consultants. s Develops information technology policies, security procedures and strategic plans for data warehousing/sharing, applications architecture, technical infrastructure and decision support systems. s Identifies computer training needs and designs, conducts or coordinates appropriate training. Arranges for outside sources when appropriate. s Writes routine correspondence and reports as well as complex materials such as proposals, justifications, recommendations, and bids. s Assists in coordination of City telecommunications systems, including cable TV, radios, wired and wireless services. 2. Technology Management s Stays abreast of new developments in information technology. Analyzes and recommends new or improved uses of information technology within the City. Researches and makes recommendations for acquisitions of computer hardware, software and network components to meet operational requirements. St. Louis Park City Council Agenda Item: 060203 - 8c - Confirm Appointment of Dir of Tech and Support Serv Page 4 of 4 s Determines the cause of software and hardware problems and coordinates adjustments and repairs. Coordinates or implements necessary hardware and software installation to ensure effective operation. s Oversees network operations, including backup/recovery, reporting, software updates, hardware maintenance and off-site storage. s Ensures electronic data integrity, security and access in accordance with the law and City policy. s Acts as LAN Administrator or delegates Administrator duties as appropriate. s Administers or oversees the City Intranet, extranet, e-commerce content, design and implementation and the technical availability of the Internet for use by City employees and City website development and maintenance. 3. Supervision s Manages Cable TV, Information Technologies, and Office Services divisions. s Assigns tasks and projects, organizes workloads and establishes performance expectations to meet completion schedule. s Coordinates work activities with those of other departments and divisions and provides them with technical assistance as necessary to achieve an efficient and integrated work effort. s Ensures divisions communicate effectively with all levels of other City departments on technology projects. s Reviews and evaluates performance of division employees on a regular basis. s Administers applicable personnel policies within the divisions. s Encourages staff development and training. s Conducts regular meetings with division staff. 4. Budget s Directs and supervises all aspects of the Cable TV, Information Technologies and Office Services divisions annual budgeting operations. s Maintains control of expenditures within budget limitations. s Recommends changes in cost allocation and charges for various programs. s Monitors revenues and recommends cost allocation adjustments as needed. Minimum Qualifications s Bachelor's degree in management, technology or related field or equivalent years experience. s Five years progressive experience managing information technology systems which includes three years of network administration and supervisory experience. s Experience working with a wide variety of computer software packages and hardware. s Valid MN Driver’s License. s Ability to sit or stand for prolonged periods of time, ability to kneel and bend while installing computer systems, manual dexterity, and ability to operate assigned equipment. Desirable Qualifications s Extensive knowledge of public sector practices and techniques. s General knowledge of budget principles. s Masters degree in related field. s Certification in network management. St. Louis Park City Council Agenda Item: 060203 - 8d - Designation of Deputy City Manager Page 1 of 2 8d. Confirmation of Appointment of Tom Harmening as Deputy City Manager Recommended Action: Motion to adopt resolution confirming the appointment of Tom Harmening as Deputy City Manager effective June 16, 2003 Background: The City Manager has created a new department of Technology and Support Services and former Deputy City Manager Clint Pires has been appointed Director of that department. Mr. Pires has also resigned his position as Deputy City Manager. Changes in organizational structure have necessitated significant alterations in the Deputy position. Duties which were formerly performed by that position have been assigned to other city staff members and the position will no longer act as the Department Director for Administration. There is, however, still a need for a Deputy to act in the Manager’s absence and City Code Section Sec. 2-91 grants authority to the City Manager to appoint a Deputy. Mr. Meyer has chosen to designate Tom Harmening as Deputy City Manager. In addition to his duties as Director of Community Development, Mr. Harmening will ensure efficiency of operations by acting as City Manager should the need arise. This action will confirm the City Manager’s appointment. Attachments: Resolution Prepared By: Cindy Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 060203 - 8d - Designation of Deputy City Manager Page 2 of 2 RESOLUTION NO. 03-064 CONFIRMING THE APPOINTMENT OF TOM HARMENING TO THE POSITION OF DEPUTY CITY MANAGER WHEREAS, St. Louis Park City Charter section 5.04 grants authority to the City Manager to control and direct the administration of the City's affairs; and WHEREAS, changes in organizational structure have resulted in the resignation of our former Deputy City Manager from that position; and WHEREAS, City Code Section Sec. 2-91 grants authority to the City Manager to appoint a Deputy to act as City Manager in his absence. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that in addition to his duties as Director of Community Development, Tom Harmening has been appointed by the City Manager to act as Deputy City Manager and that appointment is hereby confirmed by the City Council. LET IT BE FURTHER RESOLVED that the effective date of the appointment is June 16, 2003. Reviewed for Administration: Adopted by the City Council June 2, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 060203 - 8e - Council Vacancy Ward 2 Page 1 of 2 8e. Resolution declaring a vacancy in Council - Ward Two, appointing an eligible person to fill the vacancy and calling for a special election to be held November 4, 2003 Recommended Action: Motion to adopt Resolution declaring a vacancy in Council - Ward Two, appointing an eligible person to fill the vacancy and calling for a special election to be held November 4, 2003 Background: Councilmember Chris Nelson has provided written notification of his resignation from office effective June 3, 2003 for a term to expire January 9, 2006 Charter Requirements: Section 2.05 of the Charter provides that upon a resignation from office, the City Council shall promptly declare a vacancy and appoint an eligible person to fill the vacancy until a duly elected successor assumes office. In this circumstance, Charter also calls for Council to adopt a resolution calling for a special election to be held concurrent with the November 4, 2003 Municipal Election for a 2-year term to fill the Councilmember Ward Two seat. Following adoption of the resolution ordering the special election, three weeks’ published notice must be given. Notice of the special election will appear along with the notice of our regular municipal election. Nomination petitions for all city offices may be filed with the City Clerk’s Office from June 17 to July 15. Interim Appointment Procedure: A news release indicating that applicants were needed for an interim appointment as St. Louis Park Councilmember Ward Two was published in the city’s official newspaper and applications were received. Interviews were held on Tuesday, May 27, 2003. The term of the appointed person will extend to January 5, 2004, at which time, the newly elected Ward Two Councilmember will assume their duties. Attachments: Resolution Prepared by: Cindy Reichert, City Clerk Approved by: Charles W. Meyer, City Manager RESOLUTION NO. 03-065 ACCEPTING RESIGNATION AND DECLARING VACANCY IN THE OFFICE OF COUNCILMEMBER WARD TWO, APPOINTING JOHN BASILL TO THE OFFICE OF COUNCILMEMBER WARD 2 FOR A TERM TO EXPIRE JANUARY 4, 2004, AND CALLING FOR A SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION WHEREAS, St. Louis Park City Councilmember Chris Nelson has submitted a letter of resignation effective June 3, 2003, leaving a vacancy in the office of Councilmember Ward 2 for a term expiring January 9, 2006; and WHEREAS, pursuant to City Charter Section 2.05, the Council shall accept the resignation, declare a vacancy and appoint an eligible person to fill the vacancy. The term of the appointed person shall extend to the first (1st) regularly scheduled Council meeting of a new year following a regularly scheduled City or State election; and WHEREAS, City Charter Section 2.05 also requires Council to call a special election concurrently with the next regularly scheduled City or State election for the purpose of electing an eligible person to fill the remainder of the unexpired term created by the vacancy. NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park as follows: 1. A vacancy is hereby declared for the office of Councilmember Ward Two effective June 3, 2003. 2. Effective June 4, 2003, the City Council hereby appoints John Basill to fill the vacancy, who shall serve until a successor elected at the November 4, 2003 election assumes the Office of Councilmember Ward Two on January 5, 2004. 3. The City Council hereby calls a Special Election for a two-year term in the Office of Councilmember Ward Two, to be held in conjunction with the regularly scheduled Municipal Election on November 4, 2003. Reviewed for Administration: Adopted by the City Council June 2, 2003 City Manager Mayor Attest: City Clerk