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HomeMy WebLinkAbout2003/07/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 21, 2003 7:30 p.m. 6:15 p.m. Board & Commission Interviews 7:00 p.m. Chris Nelson Reception 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Junior Leader Recognition 3. Approval of Minutes a. Council Meeting Minutes of July 7, 2003document b. Study Session Minutes of May 19, 2003 document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing - 1st Reading of an ordinance imposing a franchise fee on XCEL Energy, a Minnesota Corporation pursuant to Ordinance No. 2086-97 Section 9-610. document The City’s franchise agreement with XCEL Energy requires that in order to impose a franchise fee, the City must adopt a separate ordinance. The proposed effective date of this ordinance is January 1, 2004. Recommended Action: Mayor to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on XCEL Energy and setting second reading for August 4, 2003. 6b. Public Hearing - 1st Reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation pursuant to Ordinance No. 2236-03 Section 7.1 document The City’s franchise agreement with Centerpoint Energy Minnegasco requires that in order to impose a franchise fee, the City must adopt a separate ordinance. The proposed effective date of this ordinance is January 1, 2004. Recommended Action: Mayor to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., and setting second reading for August 4, 2003. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Consideration of a Resolution to proceed with planning of an upgraded radio communication system for Public Safety document Recommended Action: Recommend the Council adopt a Resolution to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of St. Louis Park's intention and request any state or federal financial incentives that may be offered to local jurisdictions. 8b. Request for a Major Amendment to an existing Special Permit for construction of a storage, parking and restroom addition to an existing office building at 500 Ford Road document Case Nos. 03-25-CUP 500 Ford Road Recommended Action: Motion to adopt a Resolution approving the conditional use permit, subject to conditions in the resolution 8c. Request of Coach Homes of Shelard for a major amendment to an existing special permit to amend the exterior elevations for six-8-unit buildings in order to change exterior siding from stucco, cedar, and hardboard to vinyl and request for a variance from Section 36-36(d)(4) to allow an intensification of an existing non-conformity and to allow an amendment of a continued special permit that does not bring non-conformities into complete or greater compliance with current zoning codes for property located at 300, 310, 320, 330, 340, and 350 Ford Road. Case Nos. 03-33-CP and 03-34-VAR document Coach Homes of Shelard is proposing to remove existing stucco, hardboard covered with prefinished metal, and cedar trim boards, repair rotted structural members, and reside the buildings using vinyl siding. Recommended Action: § Motion to approve Resolution granting the proposed variance based upon findings indicated in the resolution. § Motion to approve Resolution granting amendment to existing special permit with conditions indicated in the resolution. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF JULY 21, 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 2nd Reading of an Ordinance establishing the St. Louis Park Police Advisory Commission, approve the summary, and authorize summary publication. document 4b. Motion to approve Westwind Apartments Private Activity Revenue Bonds document 4c. Motion to approve a 6 month extension of Shelard Homes (Lurie Apartments) Conditional Use Permit until March 3, 2004. document Case No. 02-40 CUP (Approved September 3, 2002) 4d. Motion to approve 2nd reading of Ordinance to vacate existing alley easement at 2701 Brunswick Avenue South, adopt ordinance, approve summary and authorization publication.document 4e. Motion to adopt Resolution approving a minor amendment to an existing Special Permit to add an exterior stairway and a trade school for property at 5100 Gamble Drive document 4f. Motion to approve resolution for a minor amendment to an existing special permit to allow the demolition of the existing Pauline’s restaurant building at 450 Highway 169. 03-46-CUP document 4g. Motion to adopt Resolution regarding Sidewalk and Lighting Improvement Project – Park Commons Drive, City Project No. 03-11, accepting report, establishing the improvement project, and holding information meetings with affected property owners and residents for the purposes of reviewing the proposed plans and soliciting input. document 4h. Motion to adopt Resolution to enter into an agreement with Hennepin County for the improvement of the bridge over Trunk Highway 100 at Excelsior Boulevard, Project No. 98-04 document 4i. Motion to designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $97,953.75 for Alley Improvement Project-2700 block between Raleigh & Salem Avenues, Project No. 03-09 and Alley Improvement Project-2900 block between Salem & Toledo Avenues, Project No. 03-10 document 4j. Motion to adopt the attached resolution accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer’s Report for Storm Water Flood Improvement Area No. 1 – Runnymeade Lane - Project No. 00-03 document 4k. Motion to adopt the Resolution accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer’s Report for Storm Water Flood Improvement Area No. 9 – 5801 and 5737 W. 25 ½ Street – Project No. 03-05 document ST. LOUIS PARK CITY COUNCIL MEETING OF JULY 21, 2003 CONSENT CALENDAR continued 4l. Motion to authorize to advertise and receive bids for purchase of refuse carts. document 4m. Motion to accept for filing the Housing Authority Minutes of June 11, 2003 document 4n. Motion to approve Resolution for final payment from Thomas & Sons Construction for 2002 Sidewalk Improvement Project No. 19990700 Contract No. 78-02 document 4o. Motion to accept Vendor claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING July 21, 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: 072103 - 3a - Minutes CC July 7 Page 1 of 7 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 7, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Economic Development Coordinator (Mr. Hunt); Public Works Director (Mr. Rardin); Police Chief (Mr. Luse); Planning Coordinator (Ms. Erickson); Public Works Coordinator (Mr. Merkley); Public Works Administrative Specialist (Ms. Helleckson); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of June 16, 2003 The minutes were approved as presented. 3b. City Council Study Session Minutes of June 23, 2003 From Councilmember Sanger: Page 5, top paragraph, add may to the following sentence: She felt distribution of the material in the original pamphlet may constitute a hate crime. 3c. City Council Study Session Minutes of June 9, 2003 From Councilmember Sanger: Item 1, paragraph 5, insert the following immediately after the first sentence: She suggested that an independent researcher from the University’s Medical Public Health School be contacted, as any study should have academic credibility. From Councilmember Sanger: Item 1, paragraph 5, add the following as the last sentence of paragraph 5: Councilmember Sanger provided an example of a larger sign which clearly states that second-hand smoke is a health hazard and suggested that this type of sign be mandatory, and Council agreed. 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 St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 2 of 7 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. 03-074 authorizing the installation of parking restrictions on the east side of Raleigh Avenue 60 feet north and south of the entrance to the Police Department parking lot 4b Adopt Resolution No. 03-075 authorizing the installation of parking restrictions on W. 35th Street from a point 15 feet east of the westerly driveway to 4906-4920 W. 35th Street to a point 15 feet west of the easterly driveway to 4930-4940 W. 35th Street and along the south side of W. 35th Street from the driveway of 3510 Belt Line Boulevard westerly a distance of 100 feet 4c Designate Allied Blacktop Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $128,809.00 for the 2003 Street Sealcoat Project No. 03-08 4d Approve agreement between the City of St. Louis Park and Cornerstone Advocacy Service for Domestic Violence Services 4e Approve Encroachment Agreement with the Andersons, 3056 Kentucky Avenue South, for use of City street right-of-way for placement of fence 4f Adopt Resolution No. 03-076 to enter into an Agreement with the Minnesota Department of Natural Resources for a Flood Hazard Mitigation Grant 4g Accept for filing the Planning Commission Minutes of June 4, 2003 4h Accept for filing the Planning Commission Minutes of June 18, 2003 4i Accept for filing the Board of Zoning Appeals Minutes of April 24, 2003 4j Accept Vendor Claims for filing 5. Boards and Commissions: None 6. Public Hearings 6a. Public Hearing - Wolfe Lake Commercial Tax Increment Finance District Resolution No. 03-077 Economic Development Coordinator Greg Hunt said Staff has no additional comments to report on this item (see the EDA minutes of July 7, 2003, items 6b and 6c). Mr. Hunt would like to enter into the City Council record (Clerk’s File No. 07), the letter from Hennepin County Taxpayer Services Department, dated June 25, 2003, regarding St. Louis Park Wolfe Lake Commercial Redevelopment TIF District, and the letter’s attachment, which is a Hennepin County memo. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 3 of 7 Councilmember Sanger asked if the Council is required to take any action in regard to the Hennepin County letter, and Mr. Hunt responded no. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 03-077 modifying Redevelopment Project No. 1 and establishing the Wolfe Lake Commercial Tax Increment Financing District and adopting a Tax Increment Financing Plan therefor. The motion passed 7-0. 6b. Public Hearing - Belt Line Industrial Park Inc. Business Subsidy Agreement/ Contract for Private Redevelopment. Resolution No. 03-078 Mayor Jacobs commented that this item is a continuation of an item undertaken at the EDA meeting. This item regards approving a Redevelopment Agreement and related Business Subsidy Agreement with Belt Line Industrial Park Inc. (Belt Line) for the redevelopment of 4.86 acres at the northwest quadrant of West 36th Street and Belt Line Boulevard and the construction of Wolfe Lake Professional Center and Wolfe Lake Professional Center West. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 03-078 approving a Contract for Private Redevelopment by and between the St. Louis Park Economic Development Authority and Belt Line Industrial Park Inc. and the related Business Subsidy Agreement contained therein. The motion passed 7-0. 6c. Public Hearing and First Reading for Petition to vacate an alley easement 2701 Brunswick Ave. S. Case No. 03-27-VAC Planning Coordinator Judie Erickson reported that this item regards a petition to vacate an existing alley easement where an alley was relocated. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt 1st reading of Ordinance to vacate existing alley easement, and set 2nd reading for July 21, 2003. The motion passed 7-0. St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 4 of 7 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. 1st Reading of an ordinance establishing the St. Louis Park Police Advisory Commission and adoption of a resolution appointing members Resolution No. 03-079 City Clerk Cindy Reichert reported on an ordinance to create the Police Advisory Commission, and Chief John Luse will serve as Staff liaison. It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve first reading and set second reading for July 21, 2003; and to approve Resolution No. 03-079 appointing members to the commission effective August 14, 2003. Mayor Jacobs thanked the members of the initial committee and the Police Department. The motion passed 7-0. 8b. Solid Waste Contract Award. Resolution No. 03-080 Public Works Director Mike Rardin presented background information. Mr. Rardin distributed updated information to the Council just prior to tonight’s meeting regarding this item. Public Works Coordinator Scott Merkley and Public Works Administrative Specialist Sarah Helleckson requested references from various cities, and the responses were included in the material distributed tonight. Therese B. Samudio, 2947 Quentin Avenue South, a 30-year resident, expressed her strong disatifaction with Waste Management’s service during the past six years. Ms. Samudio had been very pleased with the service provided by the former contractor BFI. Chris Strokes, 3522 Glenhurst Avenue South, is pleased with Waste Management’s service. Paul Roslind, BFI District Manager, 15178 Village Woods Drive, Eden Prairie, and Dave Wiggins, BFI General Manager, 4520 219th Lane NW, Oak Grove, addressed the Council. Mr. Roslind referenced a letter in which BFI clarified its policy on recycling rebates. Mr. Wiggins discussed transition. Mr. Roslind discussed partnerships and presented conclusions. Bruce Malick, Waste Management, 16834 80th Place North, Maple Grove, briefly discussed the strengths of Waste Management’s services. Councilmember Sanger will not support Staff’s recommendations because: 1) Waste Management has been thoroughly inadequate in its quality and reliability of service over the past six years; 2) inadequate follow up to complaints; 3) data may not be accurate because it is incomplete due to people who have given up on complaining; 4) recycling has declined since Waste Management became the contractor; and 5) transition issues. St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 5 of 7 Councilmember Omodt said Waste Management gives poor service, and he does not support Staff’s recommendations. He wants BFI as the contractor. Councilmember Santa said she has received spontaneous endorsements regarding Waste Management’s service, and she is reluctant to dismiss Waste Management. She will support Staff’s recommendations. Councilmember Velick will support Staff’s recommendations. Councilmember Basill asked if, under Section 6, Customer Service and Section 8, Termination, although a five-year contract, if Waste Management does not meet the expectations of residents, there is a 30-day cancellation within the right of the City to opt for cancellation? City Attorney Tom Scott responded that is correct. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-080 which designates Waste Management, Inc. as the residential solid waste collection service provider, subject to execution of an acceptable contract and authorizes the Mayor and City Manager to execute a five year contract for services commencing October 1, 2003. Mayor Jacobs said he supports staying with Waste Management. Councilmember Basill said he will not take lightly the statement that the agreement can be cancelled without cause by the City for poor service. The motion passed 5-2. (Councilmembers Omodt and Sanger opposed). 8c. Request by Troy Mathwig for preliminary and final plat approval with Variances to the subdivision ordinance to reduce the minimum lot width for a corner lot from 70 feet to 68 feet and reduce the sidewalk width and boulevard width to an unspecified number. Case Nos. 03-17-S and 03-18-VAR 4256 Quentin Ave S. Resolution No. 03-081 Planning Coordinator Judie Erickson presented a Staff report. Ms. Erickson said the Applicant submitted a revised plan today, however, the revised plan is incorrect. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to table this item until July 21, 2003 and to direct Staff to draft a new resolution. Mr. Harmening asked Council if Staff is being directed to draft a new resolution approving the plat and the variance to the five-foot boulevard width requirement due to the tree and the variance to the 70-foot lot width requirement to 68 feet. Mayor Jacobs confirmed that is correct. Dennis Ecklund, 4255 Quentin Avenue South, said there should not be two homes on this one lot. St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 6 of 7 Councilmember Brimeyer withdrew his motion to table, and Councilmember Velick agreed. Councilmember Basill is concerned about the precedent this would set; he is concerned about having two homes on one lot. He said it does not meet any of the findings for a variance. Councilmember Basill does not support the Applicant’s request tonight nor will he approve it in the future. He does not want to mislead the developer. Councilmember Omodt concurs with Councilmember Basill, and he will not support the Applicant’s request. He said the property needs to be cleaned-up. Phil Nelson, 4248 Quentin Avenue South, is concerned about drainage—he has the lowest lot in the area. Mr. Nelson is concerned about the type of homes that could be built, and the type of occupancy. Mr. Nelson would like to receive information on this item as it becomes available. Dana Ecklund, 4255 Quentin Avenue South, is making one more plea to keep the trees. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 03-081 denying the preliminary and final plat and variances for Mathwig Addition based upon the findings set forth in the resolution. Councilmember Sanger is concerned the Council is being asked to vote on a project that just changed, and she does not have enough information to make an informed choice given the change and the comments about the drainage issue, which wee not addressed in the Staff report. The motion passed 5-2. (Councilmembers Brimeyer and Sanger opposed). Mayor Jacobs suggested a future discussion with Staff take place regarding subdivision and zoning ordinances in general. 8d. Request of SLP Motors, LLC for a Preliminary PUD with variances from Section 36-194(c)(21)(a), (b), and (d) of zoning code to reduce the building height restriction for a parking ramp located within 200 feet of residential, to reduce the setback requirement for a parking ramp located within 200 feet of residential from 50 feet to 12 feet on the south side and 6 feet on the west side and to reduce bufferyard requirement from a Bufferyard F to a Bufferyard E on the south side and a Bufferyard D on the west side and to eliminate the requirement for a bern wall in order to redevelop the Win Stephen Buick Pontiac property for Westside Volkswagen. 2370 and 2440 State Highway 100 S Case Nos. 03-14-PUD and 03-23-VAR. Resolution No. 03-082 Ms. Erickson provided a Staff report. She said Staff is recommending approval. Jonathan Baker, project architect, presented additional information regarding the Applicant’s proposal. St. Louis Park City Council Agenda Item: 072103 - 3a - Minutes CC July 7 Page 7 of 7 Councilmember Sanger asked what impact the proposal will have on flooding issues for neighbors on 25 ½ Street. Mr. Baker said the Applicant is mitigating the flood plain within the property lines of the project and they are creating a holding area that will control the rate of drainage, which should have no impact on neighboring properties. Dan Hughes, civil engineer with Landform, said several catch basins will be added and run- off will be reduced from the site by increasing the amount of green space on the site; also, and the Applicant is taking additional flood mitigation measures, e.g., filling 28,000 cubic feet of flood plain. Councilmember Sanger is concerned about the proximity of a pedestrian crosswalk so close to the corner near the frontage road. Councilmember Sanger is requesting that the language in the PUD resolution be strengthen to mandate that descriptions of routes and maps be given to those who test drive vehicles. It was moved by Councilmember Sanger, seconded by Councilmember Basill, to adopt Resolution No. 03-082 approving Preliminary PUD with variances from Sections 36- 194(c)(21) (a), (b), and (d) of the zoning code; and with the conditions. The motion passed 7-0. 8e. Agreement between the City of St. Louis Park and Intermediate School District 287 for school liaison services Chief Luse presented a Staff report regarding the agreement providing for a full-time police officer during the school year with the school district paying for the cost of the services. It was moved by Councilmember Omodt, seconded by Councilmember Basill, to approve agreement and authorize execution by Mayor and City Manager. The motion passed 7-0. 9. Communications From the City Manager: Mr. Meyer reported that he received several favorable e-mails regarding the July 4 fireworks at Aquila Park. From Councilmember Omodt: He announced the opening of Vail Place, and extended a welcome to the Vail residents. Councilmember Omodt reported that St. Louis Park is hosting the Little League 9- and 10- year-old All-Star Tournament at Skippy Field. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:35 p.m. ________________________________ _________________________________ Deputy City Clerk Mayor St. Louis Park City Council Agenda Item: 072103 - 3b - Minutes SS May 19 Page 1 of 2 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION Minutes of May 19, 2003 The meeting convened at 8:10 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), Community Development Director (Mr. Harmening), Police Chief (Mr. Luse), Fire Chief (Mr. Stemmer), Public Works Director (Mr. Rardin), Director Parks and Recreation (Ms. Walsh), Communications Coordinator (Ms. Schwartz), and Recording Secretary (Ms. Samson). 1. Budget Discussion For tonight’s budget discussion, Councilmembers received a six-page report with budget proposals that Council thought should receive further consideration prior to implementation. The following discussion is framed around those budget proposals. PROPOSAL: Position reduction—Firefighter/Inspector/Trainer/Administrative Assistant. The 2004 financial impact is a $75,000 permanent reduction. PROPOSAL: Charge for structure fire response. Council does not want the City to charge for structure fire responses, however, do charge insurance companies for motor vehicle accidents when applicable. PROPOSAL: Eliminate City/School calendar. The financial impacts for the City’s share of the calendar is $10,000 in 2003 and $10,000 in 2004. Ms. Schwartz was available for questions. Mayor Jacobs suggested letting the calendar go. Councilmember Brimeyer said, if the City continues to participate in the calendar’s production, cut its costs. He thinks the calendar should remain intact as a joint venture between the City and the schools. Mayor Jacobs then stated that a cap should be placed on the cost of the City’s share. Councilmember Sanger recommended the City’s entire contribution to the calendar be terminated. Councilmember Omodt disagreed. He said the calendar is a great marketing tool and a tangible benefit. Councilmember Nelson agreed with Councilmember Sanger. To eliminate postage costs, Mayor Jacobs suggested the calendars not be mailed. Councilmember Velick suggested using the schools as distribution centers for the calendars. Councilmember Brimeyer offered that a formula be devised to justify the expense of the calendar. Mayor Jacobs, and Councilmembers Sanger, Santa, and Nelson are okay with a zero contribution. Council suggested contributing up to $3,000 for the calendar. St. Louis Park City Council Agenda Item: 072103 - 3b - Minutes SS May 19 Page 2 of 2 PROPOSAL: Vacate street and streetlights in the Meadowbrook complex. Maintain any necessary utility easements. The 2004 financial impact would be $2,000. Mr. Rardin reported that, according to the City Attorney, the City may legally turn back or vacate the streets and streetlights in the Meadowbrook complex. Councilmember Nelson favors the vacation. Mayor Jacobs will not support the vacation. Councilmember Brimeyer said it is not such a good idea to vacate the Meadowbrook complex. The Council’s consensus is to vacate. PROPOSAL: Reduce sidewalk snow removal and repair services. The financial impact would be $12,500 for sidewalk snow removal, and $85,000 for sidewalk repair. It was agreed that the City will continue to remove snow from “city” sidewalks. In regard to sidewalk maintenance, Mayor Jacobs would like to continue to maintain and repair all “city” sidewalks and place responsibility for maintenance and repair of “neighborhood” sidewalks on adjacent property owners. PROPOSAL: Close the Westwood Hills Nature Center on Saturday and Sunday in the summer (Memorial day through Labor Day). The financial impact would be $1,200. Council agreed to close the Westwood Hills Nature Center on Saturdays and Sundays during the summer. PROPOSAL: Reduce number of winter skating rink sites, reduce hours the warming houses are open, and eliminate staffing and future use of the Stendle slide at Oak Hill Park. The financial impact would be a $13,500 reduction in seasonal staff. Council concurs with this proposal as stated in the report. The Stendle slide will close. PROPOSAL: Reduce “community support” contributions. Councilmember Sanger suggested cutting the School Cable TV Grant and direct more monies to STEP. Council requested additional information on Corner House. It was stated that an additional $5,000 be redirected to STEP from contributions to other organizations. 2. Miscellaneous—United Properties Mr. Harmening reported on United Properties. The City and United Properties are negotiating a development contract, and Mr. Harmening asked Council if they still prefer Scenario 1. Council affirmed that they favor Scenario 1. 3. Adjournment The meeting was adjourned at 10:35 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 072103 - 4a - Police Advisory Commission Page 1 of 4 4a Motion to approve 2nd Reading of an ordinance establishing the St. Louis Park Police Advisory Commission, approve the summary, and authorize summary publication. Background: On February 5, 2001 Council adopted Resolution No. 01-008 abolishing the Police Civil Service Commission. At that time, council also put into motion a citizen input process designed to create the structure of an advisory board which would focus on broad policy matters and, more importantly, ways to enhance the citizen-police relationship. This input group was formed later in 2001 and has been working since that time on contemplating the purpose of the commission and determining how the commission sould be structured. On May 12, 2003, members of the input group met with the City Council to present the culmination of their work which included the proposed mission, vision, values and goals, as well as the draft by-laws to be adopted by the commission. At the meeting of May 19, 2003, the City Council formally accepted the input group’s report and directed staff to prepare documentation to formally establish the St. Louis Park Police Advisory Commission. This ordinance establishes that commission. Attachments: Ordinance Ordinance Summary Submitted by: Cynthia Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4a - Police Advisory Commission Page 2 of 4 ORDINANCE NO. 2242-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ADMINISTRATION BY ADDING ARTICLE IV DIVISION 7: POLICE ADVISORY COMMISSION THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The City Council has considered the advice and recommendation of Police Advisory Task Force. Sec. 2. The St. Louis Park Ordinance Code, Chapter 2, Article IV: Boards, Commissions and Committees is hereby amended to add Division 7 as follows: DIVISION 7 POLICE ADVISORY COMMISSION Sec. 2-321. Membership; terms. (a) Function; composition. The police advisory commission shall be an advisory commission to the city council. It shall consist of eleven regular members and one youth member, all appointed as set forth in this section. (b) Regular members. The City Council shall appoint four regular members of the commission for terms to expire on December 31, 2004, four regular members for terms to expire on December 31, 2005, and three regular members for terms to expire on December 31, 2006. All subsequent appointments shall be for three-year terms which shall expire on December 31 of the third year of such term and until a successor is duly appointed and qualified. In the event of a vacancy, the city council shall appoint a person to complete the unexpired term. A member of the commission may be removed with or without cause by the city council. (c) Youth member. One voting youth who shall be a high school student of a private or public school located in the city may be appointed by the city council and serve a term of one year. (d) Qualifications. Regular members of the police advisory commission shall be qualified voters and residents of the city. A vacancy shall deem to exist if a member ceases to meet the residency requirements. All members of the commission shall be appointed from persons who have demonstrated an interest in the police advisory commission by submission of appropriate city forms. Sec. 2-322. Organization. (a) A staff liaison to the police advisory commission shall be appointed by the city manager and shall be subject to the administrative rules and regulations of the city. (b) The commission shall elect its own chair and vice-chair. Subject to such limitations as may be imposed by the city council at any time, the commission shall provide its own rules and procedure, determine the date and time of meetings and, upon proper notice, shall call public hearings when necessary and desirable and in accordance with all requirements of local and state laws. The bylaws of the commission and amendments shall be submitted to the city council upon their adoption. Such bylaws and any St. Louis Park City Council Agenda Item: 072103 - 4a - Police Advisory Commission Page 3 of 4 amendments shall be deemed to be approved by the city council unless the city council takes action to modify such bylaws or amendments within 30 days after submission. No member of the commission shall consider or vote upon any question in which the member is directly or indirectly interested. (c) The commission shall keep proper records of its proceedings, and such records shall be maintained by the staff liaison or the liaison's designee. Sec. 2-323. Expense of members. The members of the police advisory commission shall serve without pay but may be reimbursed for actual expenses to the extent that funds therefor are provided in the annual city budget adopted by the city council. The commission shall properly account for its receipts and expenditures of monies in accordance with established city procedures. Sec. 2-324. Powers and duties. Under the direction of the city council, the police advisory commission shall perform those functions and duties necessary to (a) carry out their stated mission to enhance the awareness of police department capabilities and services; provide an opportunity for citizen involvement in police services and to encourage exchange between the police department and the community. (b) Submit to the city council by April 1 of each year an annual report of the activities of the commission during the previous year; and (c) Perform other functions as needed to carry out these duties and responsibilities as directed by the city council and to act in an advisory capacity to the city council. Sec.3. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council July 21, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 072103 - 4a - Police Advisory Commission Page 4 of 4 SUMMARY ORDINANCE NO. 2242-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ADMINISTRATION BY ADDING ARTICLE IV DIVISION 7: POLICE ADVISORY COMMISSION This ordinance creates the St. Louis Park Police Advisory Commission whose mission is to enhance the awareness of police department capabilities and services, provide an opportunity for citizen involvement in police services and to encourage exchange between police department and the community. The commission will consist of eleven members appointed from the citizenry of St. Louis Park. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 21, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Publish: July 31, 2003 St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 1 of 8 4b. Westwind Apartments Private Activity Revenue Bonds Background: On June 16, 2003, a Public Hearing was held to consider refunding private activity revenue bonds for Westwind Apartments. At this time a preliminary resolution approving the bond refunding was passed. The original private activity bond issue was in 1993. The original maturity date of these bonds is in the year 2023. The total refunding issue is for $5,565,000. These private activity revenue bonds are subject to the City administrative fee of 1/8th of 1% of the unpaid principal of the bonds. This bond issue will generate approximately $7,000 annually to the City. Needs Assessment: Westwind Apartments was to complete a needs assessment and forward to City Staff for review. At this time, the City has received this assessment and we are in the process of reviewing it. If there are any problems with the review of the needs assessment staff will advise Council on Monday but we expect this item to proceed without problem. Recommendation: Staff recommends approval, pending final review of the needs assessment, of the attached resolution authorizing issuance of variable rate multifamily revenue refunding bonds in an amount not to exceed $5,565,000. Attachments: Resolution authorizing issuance of variable rate multifamily revenue refunding bonds is an amount not to exceed $5,565,000 Prepared by: Jean D. McGann, Director of Finance Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 2 of 8 RESOLUTION NO. 03 - 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (WESTWIND APARTMENTS PROJECT), SERIES 2003, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,565,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a municipal corporation and a home rule city duly organized and existing under its charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by issuing bonds for the purpose of refunding any outstanding bonds issued by the City pursuant to the Act, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, following a public hearing for which notice was published in newspaper of general circulation in the City, Resolution No. 85-127 was adopted by the City Council of the City on September 3, 1985, that approved a housing program for the issuance of revenue bonds (the “Program”) to finance the construction of a 186-unit multifamily housing development located at 275 Shelard Parkway in the City (the “Project”) pursuant to the Act and gave preliminary approval to the issuance of revenue bonds with respect to the Project pursuant to the applicable requirements of the Act relating to the issuance of revenue bonds of the City to finance multifamily housing developments; and WHEREAS, the City Council of the City authorized the issuance of its Multifamily Housing Revenue Refunding Bonds (Briarwood West Project), Series 1985 (the “Series 1985 Bonds”), in the original aggregate principal amount of $8,000,000, dated December 1, 1985, and issued December 18, 1985; and WHEREAS, the proceeds derived from the sale of the Series 1985 Bonds were loaned to Briarwood West Partnership, a Minnesota general partnership (the “Partnership”), pursuant to the terms of a Loan Agreement, dated December 1, 1985, between the Partnership and the City, (the “Series 1985 Loan Agreement”), and the proceeds of such loan were applied to finance the acquisition of the Project; and WHEREAS, in 1991, GHH Investments, a Wyoming general partnership (the “Borrower”) was formed and acquired all the assets of the Partnership, including the Project; and St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 3 of 8 WHEREAS, following the publication of a notice of public hearing on August 16, 1993, in a newspaper of general circulation in the City, a public hearing was held by the City Council of the City on September 20, 1993, relating to the proposal to issue bonds of the City to refund the Series 1985 Bonds and refinance the Project, and on such date the City Council of the City adopted Resolution No. 93-145 granting preliminary approval to the issuance of such refunding bonds; and WHEREAS, by Resolution No. 93-210, adopted by the City Council of the City on December 20, 1993, the City authorized the issuance of its Multifamily Housing Revenue Refunding Bonds (GNMA Mortgage Loan/Westwind Apartments Project), Series 1993 (the “Series 1993 Bonds”), in the original aggregate principal amount of $6,290,000, pursuant to the terms of an Indenture of Trust, dated as of December 1, 1993 (the “Series 1993 Indenture”), between the City and First Trust National Association, a national banking association, and loaned the proceeds derived from the sale of the Series 1993 Bonds to the Borrower pursuant to the terms of a Financing Agreement, dated as of December 1, 1993 (the “Series 1993 Financing Agreement”); and WHEREAS, following the publication of a notice of public hearing on May 29, 2003, in the Sun-Sailor, a newspaper of general circulation in the City, a public hearing was held by the City Council of the City on June 16, 2003, relating to the proposal to issue bonds of the City to refund the Series 1993 Bonds and refinance the Project, and on such date the City Council of the City adopted a resolution granting preliminary approval to the issuance of such refunding bonds; and WHEREAS, to provide for the redemption and prepayment of the outstanding Series 1993 Bonds, the Borrower has proposed that the City issue its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Westwind Apartments Project), Series 2003 (the “Series 2003 Bonds” or the “Bonds”), in the original aggregate principal amount of $5,565,000; and WHEREAS, the Series 2003 Bonds are proposed to be issued pursuant to the terms of a Trust Indenture, dated as of November 1, 2003 (the “Indenture”), between the City and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”); and WHEREAS the proceeds derived from the sale of the Series 2003 Bonds will be applied to fund a loan (the “Loan”) to the Borrower pursuant to the terms of a Financing Agreement, dated as of November 1, 2003 (the “Financing Agreement”) between the City, the Borrower and the Trustee, and the proceeds of the Loan will be applied to the redemption and prepayment of the outstanding principal of the Series 1993 Bonds; and WHEREAS, the Series 2003 Bonds are proposed to be secured by a Direct Pay Irrevocable Transferable Credit Enhancement Instrument, to be dated as of the date of issuance of the Series 2003 Bonds (the “Credit Facility”), to be issued by Fannie Mae, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. Sections 1716 et seq. (“Fannie Mae”), pursuant to the terms of a Reimbursement Agreement, to be dated as of November 1, 2003 (the “Reimbursement Agreement”), between Fannie Mae and the Borrower, and the obligations of the Borrower to reimburse Fannie Mae for any payments St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 4 of 8 made by Fannie Mae under the Credit Facility are to be secured by the Reimbursement Agreement; and WHEREAS, the obligations of the Borrower under the Loan are to be evidenced by a Multifamily Note, to be dated as of November 1, 2003 (the “Mortgage Note”), executed by the Borrower in favor of the City (and assigned by the City to the Trustee pursuant to the terms of the Indenture for the benefit of the owners of the Series 2003 Bonds), and secured by a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement, to be dated as of November 1, 2003 (the “Mortgage”), executed by the Borrower in favor of the City and Fannie Mae, and assigned by the City to the Trustee and Fannie Mae, as their interests may appear, pursuant to the terms of an Assignment and Intercreditor Agreement, to be dated as of November 1, 2003 (the “Assignment”), between the City, the Trustee, and Fannie Mae, and acknowledged, accepted and agreed to by the Borrower; and WHEREAS, neither the City nor the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the City or the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture), and in any event shall not give rise to a charge against the general credit or taxing power of the City, Hennepin County (the “County”), the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA THAT: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income and that accomplishing this is a public purpose. The City also hereby finds, determines, and declares that the Project has been designed to be affordable by persons and families of low and moderate incomes and that the Borrower has agreed to meet the occupancy limitations and adjusted gross income limitations set forth in Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, and applicable Treasury Regulations. Section 2. An Amended and Restated Housing Program, dated as of July 1, 2003 (the “Housing Program”), has been prepared to amend and restate the original Program. The Housing Program reflects the issuance of the Series 2003 Bonds to refund the Series 1993 Bonds and to refinance the Project. The Housing Program, in the form on file with the City, is hereby approved. The City Council of the City further finds, determines, and declares that the purpose of the Housing Program is to finance and refinance the Project. At the request of the Borrower, to accomplish the purposes of the Housing Program, the City proposes to issue the Series 2003 Bonds and loan the proceeds derived from the sale of the Series 2003 Bonds to the Borrower in order to finance the redemption and prepayment of the Series 1993 Bonds. Section 3. For the purpose of refinancing the Project there is hereby authorized the issuance of the Series 2003 Bonds. The Series 2003 Bonds shall bear interest at such rates, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 5 of 8 provisions as are prescribed by the Indenture. The City hereby authorizes the Series 2003 Bonds to be issued as “tax-exempt bonds” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. Section 4. The Bonds shall be special obligations of the City payable solely from the revenues of the Project, in the manner provided in the Indenture. The Bonds do not constitute an indebtedness, liability, or general or moral obligation (except to the extent of the trust estate pledged under the Indenture) of the City, and the City has not pledged its faith and credit or any taxing power of the City, the County, the State of Minnesota, or any political subdivision thereof, to the payment of the Bonds. The City hereby authorizes and directs the Mayor of the City (the “Mayor”) and the City Manager of the City (the “City Manager”) to execute the Indenture and to deliver the Indenture to the Trustee and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. The Mayor is hereby authorized to approve changes to the maturity schedules, optional and mandatory redemption terms, mandatory sinking fund payment schedules, and other terms and provisions of the respective Bonds as set forth in the Indenture; provided that the maturity date for any Bond shall not be later than the latest date set forth in the respective form of the Indenture. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City on the date hereof, and are hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5. The Mayor and the City Manager are hereby designated as the representatives of the City with respect to the issuance of the Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the “Bond Purchase Agreement”), between U.S. Bancorp Piper Jaffray Inc. (the “Underwriter”), the City, and the Borrower. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 6. The Mayor and the City Manager are hereby authorized and directed to execute the Financing Agreement with the Borrower, and when executed and delivered as authorized herein, the Financing Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Agreement shall be St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 6 of 8 substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such forms and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. The Mayor and the City Manager are hereby authorized and directed to accept and execute the Amended and Restated Regulatory Agreement, dated as of November 1, 2003 (the “Regulatory Agreement”), between the City, the Borrower, and the Trustee and, when executed and delivered as authorized herein, the Regulatory Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 8. The Mayor and the City Manager are hereby authorized and directed to endorse the Note to the Trustee and Fannie Mae, as their interests may appear, to accept, execute, and deliver the Assignment and Uniform Commercial Code financing statements (with respect to the assignment of its interests in the Financing Agreement, the Note, the Mortgage, and the other Loan documents, other than the Reserved Rights (as defined in the Indenture), to the Trustee, for the benefit of the owners of the Series 2003 Bonds), and to execute and deliver all other instruments and documents necessary to accomplish the purposes for which the Bonds are to be issued and the Indenture, the Financing Agreement, the Regulatory Agreement, and the Bond Purchase Agreement are to be executed and delivered. Section 9. The City hereby consents to the preparation and distribution of an Official Statement with respect to the offer and sale of the Series 2003 Bonds (the “Official Statement”) as requested by the Underwriter and the Borrower; provided that it is understood that the City has not been requested to participate in the preparation of or to review the Official Statement and has not done so. The City has made no independent investigation of the facts and statements set forth in the Official Statement; accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to matters relating to the accuracy, fairness, completeness or sufficiency of the Official Statement, except any information specifically relating to the City under the heading “THE ISSUER” and “NO LITIGATION—The Issuer” in the Official Statement. Section 10. The Mayor, the City Manager, and other officers of the City are authorized upon request to furnish certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, Fannie Mae, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 7 of 8 preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January, 2002). Section 11. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representatives, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the respective Indenture or other documents referred to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any elected official, officer, agent, or employee of the City in that person’s individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 12. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture. Section 13. In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof St. Louis Park City Council Agenda Item: 072103 - 4b - Westwind Apartments Page 8 of 8 that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 14. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 15. The members of the City Council of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture, and the other documents referred to above, and this resolution. Section 16. The Mayor and the City Manager are hereby designated and authorized to take such administrative actions as are permitted or required in connection with the issuance of the Bonds and pursuant to the Indenture, the Financing Agreement, the Regulatory Agreement and the Bond Purchase Agreement. Section 17. The Mayor and the City Manager of the City are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Financing Agreement, the Bond Purchase Agreement, the Regulatory Agreement or any other agreements, certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this resolution, or to evidence compliance with Section 103 and applicable provisions of Sections 141—150 of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 18. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council, the Assistant City Manager, or any officer of the City duly delegated to act on behalf of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section 19. This resolution shall be in full force and effect from and after its passage. Reviewed for Administration: Adopted by the City Council January 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 4c - Lurie apts CUP ext Page 1 of 1 4c. Motion to approve a 6 month extension of Shelard Homes (Lurie Apartments) Conditional Use Permit until March 3, 2004. Case No. 02-40 CUP (Approved September 3, 2002) Background: On September 3, 2002, the City Council approved a Conditional Use Permit for Lurie Apartments, which has since been renamed to Shelard Homes, to construct a mixed use residential and commercial building on the northeast corner of Ford Road and Wayzata Boulevard. An athletic club currently exists on site. The Conditional Use Permit is for a 5 story building, with approximately 5,800 square feet of office, 2,100 square feet of residential support area, and 33 parking stalls on the first floor, and four floors of apartment above. Sixty five (65) residential units were approved. An exterior parking lot will be located on the east side of the building, accessed by a garage entry off of Wayzata Boulevard that goes through the building. Underground residential parking was approved with access on the west side of the building via a driveway from Ford Road. The Ordinance states that conditional use permits be revoked and canceled after one year from the date of adoption of the resolution if no construction has occurred, unless an extension is approved by the City Council. On July 14, 2003, Shelard Homes (Lurie Apartments) submitted a request for an extension of their Conditional Use Permit. They have recently submitted an application for financing with HUD and are awaiting HUD’s approval. As a result a 6 month extension is being requested. Recommendation: Staff recommends extending the Conditional Use Permit until March 3, 2004 to allow Shelard Homes (Lurie Apartments) time to obtain financing. Attachments: Letter from Shelard Homes (Supplement) Prepared by: Julie Grove, Associate Planner Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4d - 2nd rdg 2701 Brunswick alley Page 1 of 5 4d. Motion to approve 2nd reading of Ordinance to vacate existing alley easement at 2701 Brunswick Avenue South, adopt ordinance, approve summary and authorization publication. Background: Robert and Mary Norby, the property owners at 2701 Brunswick Avenue South made a request to relocate an existing alley that crosses their property and splits the rear yard. The City Engineer reviewed the request and found that by realigning the alley, it would be easier to plow and otherwise maintain. It would also be easier for other service vehicles. The relocation would also allow the resident more room to maneuver vehicles in and out of their garage. The alley has been reconstructed in accordance with the request. The petition to vacate is part of the legal documentation necessary to move the alley location. The Planning Commission reviewed the request on June 18, 2003, and recommended approval. The City Council held a public hearing and approved first reading of the Ordinance on July 7, 2003. The petition to vacate the alley has been signed by a majority of adjacent property owners as required. In this case, it affects only the one property. Following vacation and the filing of the vacation of the existing alley easement, the new easement will be filed. This procedure is being directed by the City Attorney. Recommendation: Staff and the Planning Commission recommend adoption of ordinance vacating alley at 2701 Brunswick Avenue South. Attachments: Petition to vacate alley supplement Survey of existing and proposed easements supplement Aerial photo (dated 2000) Draft Ordinance, Summary Prepared By: Judie Erickson, Planning Coordinator (952) 924-2574 Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4d - 2nd rdg 2701 Brunswick alley Page 2 of 5 SITE PHOTO: Subject St. Louis Park City Council Agenda Item: 072103 - 4d - 2nd rdg 2701 Brunswick alley Page 3 of 5 ORDINANCE NO. 2243-03 AN ORDINANCE VACATING AN ALLEY EASEMENT 2701 BRUNSWICK AVENUE SOUTH THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the alley easement proposed to be vacated has been duly filed with the City Clerk, requesting vacation of the alley easement, and the City Clerk has furnished a copy of said petition to the City Manager who has required filing of same to the newspaper, the St. Louis Park Sailor, on June 26, 2003 as directed by the said notice and has conducted a public hearing upon said petition and has determined that the alley easement is not needed for public purposes, and that it is for the best interest of the public that said alley easement be vacated. Section 2. The following described alley easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of Lots 29 and 30, Block 3, "Park Manor Hennepin County, Minn." described as follows: Six feet on either side of a center line described as follows: Commencing at a point in the South line of said Lot 29 which is 12 feet west of the southeast corner of said Lot 29, thence extending to a point on the north line of said Lot 29, which point is 21 feet west of the northeast corner of said Lot 29; thence extending to a point on the north line of said Lot 30 which point is 38 feet west of the northeast corner of said Lot 30. Together with an easement to construct slopes in connection with the grading of said alley adjacent to the westerly line of said alley over said Lots 29 and 30, the westerly limit of said slope easement being described as follows: Commencing at a point in the south line of Lot 29, which point is 24 feet west of the southeast corner of said Lot; thence extending to a point on the north line of said Lot 29, which point is 38 feet west of the northeast corner of said Lot 29; thence to a point on the north line of said Lot 30, which point is 54 feet west of the northeast corner of said Lot 30. These proceedings do not vacate or in any way impact the validity of the following described easement which is specifically reserved. A 12.00 foot perpetual easement for street purposes over, under and across the following described property: Lots 29 and 30, Block 3, "Park Manor Hennepin County, Minn." St. Louis Park City Council Agenda Item: 072103 - 4d - 2nd rdg 2701 Brunswick alley Page 4 of 5 The centerline of said easement is described as follows: Commencing at the southeast corner of said Lot 29; thence on an assumed bearing of South 0 degrees 35 minutes 17 seconds East, along the East line of Lots 28, 27 and 26, a distance of 100.90 feet; thence South 89 degrees 24 minutes 43 seconds West a distance of 6.22 feet to the point of beginning of the centerline to be described; thence North 0 degrees 27 minutes 40 seconds West a distance of 50.00 feet; thence northerly a distance of 49.89 feet, along a tangential curve, concave to the west having a radius of 309.98 feet and a central angle of 9 degrees 13 minutes 18 seconds; thence North 9 degrees 40 minutes 58 seconds West, tangent to said curve a distance of 43.72 feet; thence northerly a distance of 32.38 feet, along a tangential curve, concave to the West having a radius of 126.48 feet and a central angle of 14 degrees 40 minutes 06 seconds, to a point of compound curvature; thence northerly, northweserly, and westerly a distance of 44.38 feet, along said compound curve, concave to the southwest having a radius of 38.65 feet and a central angle of 65 degrees 47 minutes 24 seconds and said centerline there terminating. The side lines of said easement shall terminate in the south line of said Lot 29 and the north line of said Lot 30. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council July 21, 2003 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 03-27-03:N-res/ord St. Louis Park City Council Agenda Item: 072103 - 4d - 2nd rdg 2701 Brunswick alley Page 5 of 5 SUMMARY ORDINANCE NO. 2243-03 - 03 AN ORDINANCE VACATING AN ALLEY EASEMENT AT 2701 BRUNSWICK AVENUE SOUTH This ordinance states that an existing alley easement shall be vacated where an alley was relocated at 2701 Brunswick Avenue South. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 21, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 31, 2003 St. Louis Park City Council Agenda Item: 072103 - 4e - Parkdale Minor permit Page 1 of 4 4e. Motion to adopt resolution approving a minor amendment to an existing Special Permit to add an exterior stairway and a trade school for property at 5100 Gamble Drive Background: Owners of the office building located at 5100 Gamble Drive submitted plans that reflected a change in use for the second story and a portion of the third story of the building from office to a trade school. The building code requirements for this use requires three exits. Currently, there are two existing stairwells, and a third would be required. The applicant is proposing to add a third stairway on the exterior of the south building wall. The proposed stairway will displace landscape materials and a new landscape plan has been submitted and found to be acceptable. This change requires a minor amendment to the approved special permit to modify the south building elevation and landscape plan and allow the trade school use to replace the office use. The existing special permit for this property was originally approved in 1988 (although the building predates the 1959 Ordinance) and was last amended in 1992. Parking for the trade school does have a higher requirement than for office, but the total parking spaces are in excess of what is currently required by the Zoning Ordinance for both the current and proposed uses. Therefore, the request has been deemed a minor amendment, and a Planning Commission public hearing was not required. Parking Required\ Office (513,056 gross leasable) 1,579 spaces Trade School (42,889 gross leasable, 175 students, 21 class rooms 196 spaces Parking Provided 2,184 spaces Recommendation: Staff recommends the City Council adopt the attached resolution approving the minor amendment to the building elevation plan and landscape plan to accommodate the proposed stairway and the trade school use. Attachments: Resolution Building elevation Landscape plan Prepared by: Judie Erickson, Planning Coordinator (952) 924-2574 Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4e - Parkdale Minor permit Page 2 of 4 RESOLUTION NO. 03 - 03-083 Amends and Restates Resolutions 92-46 and 88-194 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 92-46 ADOPTED ON APRIL 20, 1992, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36 (d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR MODIFICATION TO THE SOUTH BUILDING FAÇADE AND LANDSCAPE PLAN TO ADD AN EXTERIOR STAIRWAY FOR PROPERTY ZONED O-OFFICE AT 5100 GAMBLE DRIVE FINDINGS WHEREAS, Parkdale Associates has made application to the City Council for an amendment to an existing special permit under Section 36-36 (d)(4) of the St. Louis Park Ordinance Code to allow a minor modification of the south building elevation and landscaping to add an exterior stairway at 5100 Gamble Drive within a O-Office District having the following legal description: Tract A, Registered Land Survey No. 1647 (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 88-47-SP, 92-22-SP, and 03-39-CUP and the effect of the proposed building elevation modification on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 88-194 of the St. Louis Park City Council dated December 19, 1988 which contained conditions applicable to said property; and WHEREAS, an amendment was issued regarding the subject property pursuant to Resolution No. 92-46 of the St. Louis Park City Council dated April 20, 1992 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the amendment granted by Resolution No. 92-46 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 03-39-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park City Council Agenda Item: 072103 - 4e - Parkdale Minor permit Page 3 of 4 CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-46 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting an exterior stairway for a trade school use to be constructed on the south building wall within the O-Office District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A – Site Plan, Exhibits B-1, B-2, B-3, B-4, Parking Ramp Levels; Exhibit C – Parking Ramp Elevation; Exhibit D – Landscape Plan; and Exhibit E – Grading, Drainage, Utility Plan; Exhibit F Landscape Plans, and Exhibits G and H Elevations, such documents incorporated by reference herein. (Exhibit A – Site Plan and Exhibit D – Landscape Plan are modified by Exhibit F – Landscape Plan in Condition No. 14; Exhibit G—Elevations are modified by Condition 16.) 2. That all walkways, utilities construction and improvements of public right-of-way and private streets available to the public are subject to submission of construction plans and final approval of the City. 3. That easements be provided for access to public utilities where requested. 4. That easements be provided for public utilities where retained by the City in vacated Gamble Drive. 5. That all utilities be placed underground and proper provisions for water augmentation in landscaped areas be provided. 6. Where provisions of this special permit are in conflict with the provisions of Resolution No. 6982, then the terms and conditions hereof of this resolution shall prevail and the terms and conditions of Resolution No. 6982 are hereby amended accordingly. 7. That a provision for a walkway area to connect the site to the west be provided generally along the north side of the Gamble Building west surface parking lot. 8. That all parking lots, paved areas and private roadways serving the proposed parking facility and the Gamble and Parkdale Plaza office buildings shall be delineated by poured-in- place concrete curbing measuring at least six inches in height and depth above and below grade, except for driveway openings and for dropped curbs at walkway intersections. 9. That Utica Avenue remain open to public usage for vehicular and pedestrian traffic and be appropriately maintained by the applicant for such purposes until it becomes a public right-of- way. 10. That the applicant enter into a development agreement which documents responsibility for construction and maintenance of, and liability for, public utilities which will remain beneath the parking facility. St. Louis Park City Council Agenda Item: 072103 - 4e - Parkdale Minor permit Page 4 of 4 11. Plans for fire protection for the parking facility are subject to the approval of the Fire Marshal and shall take into account watermain relocations resulting from highway construction on Highway 100 hydrant locations and Fire Department connections shall be determined in consultation with the Fire Marshal. 12. The applicant (MEPC American Properties, Inc.) agrees to execute and deliver any documents and provide any additional information that the City, in its reasonable discretion, may request to effectuate the terms of this resolution. 13. That all improvements including buildings, roadways, pedestrian ways, landscaped areas, parking areas, and all other improvements as provided for on the exhibits be completed by July 1, 1990. (Amended by Condition 14 and 16). 14. An additional 15,000 square feet of office space may be developed in the so-called 5100 Building resulting in a total of 192,000 gross square feet pursuant to Exhibit F – Landscape Plan, to the extent it modifies Exhibit A – Site Plan and Exhibit D – Landscape Plan, and Exhibit G – Elevations. (Amended by Condition 16). 15. All improvements shall be completed prior to issuance of Certificate of Occupancy for the additional 15,000 square feet of floor space. 16. The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions: a. That the south building elevation may be modified according to Exhibit H to add an exterior stairway and exit doors. b. That Exhibit F—Landscape Plan be modified by Exhibit I to change the landscaping along the new exterior stairway along the south building wall. c. Prior to issuance of a building permit for the improvements, which may impose additional conditions, assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner). d. Prior to issuance of an occupancy permit for the trade school, all improvements must be completed (a temporary certificate of occupancy may be issued prior to completion of landscaping provided a letter of credit is the amount of 125% of the cost of landscaping is submitted and landscaping completed prior to issuance of a final certificate of occupancy.) Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 1 of 16 4f. Motion to approve resolution for a minor amendment to an existing special permit to allow the demolition of the existing Pauline’s restaurant building at 450 Highway 169. 03-46-CUP Background: On January 29, 1973, The City Council adopted a resolution approving a single-story restaurant (Hippogriff). The restaurant building was attached to a ground level walk way that connected it to two existing multi-story office buildings (Interchange tower and South office building). The restaurant has been vacant for a number of years. The applicant now wishes to remove the building, but to retain the existing walkway. The applicant stated that the ultimate plan is to construct a surface parking lot on the restaurant site. This action will require another minor amendment. The applicant has requested a 2-step process in order to allow for prompt removal of the building, prior to parking lot and landscape plans being formulated. The building has had mold/mildew problems in the past. The mold/mildew was recently removed along with some asbestos. The property owner wants the building removed before new mold/mildew forms and causes increased costs and health risks during its removal. The zoning code defines a minor amendment as a change to a property that does not increase floor area, decrease parking, or in any other way intensify the project. This request to remove a building is a decrease in floor area, so does not require a public hearing or Planning Commission recommendation. The resolution contains a requirement for filling the basement portion and stabilizing the soil as well as a requirement to maintain the approved landscape plan. Recommendation: Staff recommends approval of the resolution allowing the minor amendment to an existing special permit. Attachments: Resolution Original approved plan Aerial photo (2000) Prepared by: Judie Erickson, Planning Coordinator (952) 924-2574 Email jerickson@stlouispark.org Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 2 of 16 Site Photo: 03-46-CUP 450 Highway 169 Subject (/169 F o rd R d St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 3 of 16 RESOLUTION NO. 03 - 084 Amends and Restates Resolution Nos. 03-014, 02-103, 92-96, 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-014 ADOPTED ON FEBRUARY 3, 2003, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 450 HIGHWAY 169, A 1700 SQUARE FOOT ATTACHED GARAGE AND STORAGE ADDITION TO THE OFFICE BUILDING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL AT 500 FORD ROAD, AND AN AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 300, 310, 320, 330, 340 and 350 FORD ROAD, FINDINGS WHEREAS, WCB Properties has made an application to the City Council for a minor amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow the demolition of an existing single story restaurant building at 460 Highway 169, within a Office Zoning District and having the following legal description: Lot 2, Block 7, Shelard Park WHEREAS, Coach Homes of Shelard, a condominium association, has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow an amendment to an existing Special Permit at 300, 310, 320, 330, 340 and 350 Ford Road within a RC—Multi-Family Residential Zoning District having the following legal description: Lot 1, Block 3, Shelard Park (Condo No. 167 Coach Homes of Shelard) WHEREAS, DEH Properties, LLC, has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow A 1700 square foot attached garage and storage addition to the office building at 500 Ford Road within a C-2, General Commercial, Zoning District having the following legal description: That part of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies North of the following described line: Commencing at the most southwesterly corner of said Lot 1; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees, 20 minutes, 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 4 of 16 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. Subject to and together with a non-exclusive easement for ingress and egress described as follows: A strip of land 24.00 feet in width, which lies 11.00 feet to the North and 13.00 feet to the South of the following described line: Commencing at the most southwesterly corner of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the Office of County Recorder, Hennepin County, Minnesota; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees 20 minutes 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet, to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. (Abstract) WHEREAS, this special permit covers all lots and blocks in Shelard Park, and WHEREAS, the City Council has considered the information related to Planning Case Nos. 70-48-SP, 80-63 SP, 81-100-SP, 92-37-SP, 02-55-CUP, 03-04-CUP, 03-25-CUP, 03-33- CUP, 03-46-CUP, and the effects of the proposed demolition of a single story vacant restaurant building, the proposed garage and storage addition, and the proposed modifications to the exterior elevations on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 6229 of the St. Louis Park City Council dated March 12, 1979 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 6300 of the St. Louis Park City Council dated July 9, 1979, which contained conditions applicable to said property, and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 03-014 of the St. Louis Park City Council dated February 3, 2003, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6229 and 6300 and amended by Resolution No. 03-014 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 5 of 16 WHEREAS, the contents of Planning Case Files 03-25-CUP, 03-33-CUP, and 03-46- CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 03-014 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the exterior elevations within the R-C Multi- Family Residential District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 District. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median strip is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R-B District. 7. All electric, gas, sewer, telephone and water services shall be underground. 8. Driveway slopes at pedestrian ways shall not exceed a grade of 3 percent. 9. A parkway strip shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for joint use, access, construction and maintenance thereof and until necessary street right-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St. Louis Park shall be permitted from Plymouth unless authorized by the City Council of the City of St. Louis Park. St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 6 of 16 10. At least one bus stop area shall be provided (if the City and MTC authorize the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. 11. All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12. The perimeter of all parking lots, driveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestrian ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan- North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestrian ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing material different than the adjacent parking area. (b) All improvements including landscaping, striping, surfacing, pedestrian ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan; Exhibit N, Drainage Plan; Exhibit O, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition: (a) All improvements including landscaping, striping, surfacing, buildings, recreational facilities, and pedestrian ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3-story, 126-unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan; Exhibit U, West-North-East Elevation, Wing A; Exhibit V, South-North- West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions: St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 7 of 16 (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, striping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4-story, 186-unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. Exhibits BB, Elevation Plan; and CC, Typical Elevations are modified by Exhibit EE. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II-JJ, Paving Plan/Grading Plan (Exhibits GG, HH, II-JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions: (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 8 of 16 and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. (d) The office tower shall be fully sprinkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, striping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976. 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words “Bar-Restaurant” shall be added to the Hippogriff sign in place of the logo on Exhibit YY. (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the exterior of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the exterior of the building identifying or advertising the use. (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it; it is not limited to Tower tenants or General Mills personnel. St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 9 of 16 (d) Exterior vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafeteria uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23. That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit FFF, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestrian facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978); Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan; Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 10 of 16 (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TTT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (Exhibit PA4 is modified by condition 38 approved 7-21-03.) (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. (c) That provisions be provided for watering the sod and landscape features in the open-space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 11 of 16 said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating. in accordance with the following conditions: (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as described in Condition No. 22) and allowing said property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3 , Elevations. (Amended by Condition 33 approved 7-21-03) (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following described property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Principal Meridian lying southerly of that part of Lot 1, Block 7, Shelard Park, Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 12 of 16 of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan; Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electrical and Walkway Plan Sheet E1; and Exhibit FFF, Elevation Plan Sheets A12, 13, 14 and 15. b. That on-street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers during the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property. e. That the parking ramp contain a minimum of 729 spaces. f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, driveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30. That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan; Exhibit KKK, West Elevation; Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan; Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 13 of 16 responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other materials. e. That access to the frontage road be allowed provided a right turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. f. That the developer understands that no on-street parking is to be allowed in Shelard Park and that it is the developer’s responsibility to make provision for off-street parking for the construction workers during development of the project. g. That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Park, at 301 Shelard Parkway is hereby permitted subject to the following conditions: a. Prior to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 14 of 16 c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping originally proposed by the applicant in this subject request. d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended pursuant to Planning Case No. 92-37 SP to permit construction of a deck on the south end of the west side of the building at 500 Ford Road, subject to the following conditions (Amended by Condition 37 approved 7-21-03):: a. The site shall be developed, used and maintained in accordance with the previously approved Exhibits as amended by Exhibits XXX-A and ZZZ- A, such documents incorporated by reference herein. b. The plywood screen wall shall be stained to match the predominant color of the building. 35. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Drive within 60 days per approval of the Public Works Director and the City Attorney. 36. The special permit shall be amended on February 3, 2003 to incorporate all of the preceding conditions and add the following conditions: a. Exhibits CC, Typical Elevations and BB, Elevation Plan, as provided for in Condition No. 16 are amended as shown on Exhibit EE1-EE2. 37. The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions: A. For property at 450 Highway 169 St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 15 of 16 1. The restaurant building shall be demolished and the basement filled with a material that meets with building code specifications to support a parking lot. 2. This site shall be stabilized with a sod within 15 days after the basement is filled. 3. The approved landscape plan shall be maintained. 4. Assent form must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of demolition permit2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit.. B. For property at 500 Ford Road 1. The site shall be used, developed and maintained in accordance with the official Exhibits: Exhibit AAAA – Survey, Exhibit XXX-B – Site Plan, Exhibit ZZZ-B – Elevations and Exhibit YYY-A- Landscape Plan. 2. Prior to any site work, applicant shall obtain a Watershed District permit, if required, and shall install required silt and tree protection fencing. 3. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: a. Sign assent from and revised official exhibits. b. Building material samples must be submitted to and approved by the Zoning Administrator prior to issuance of a building permit. c. Site lighting and irrigation plans shall be submitted and approved by the Zoning Administrator. d. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and tree replacement. e. Building permit plans shall include extension of the required sprinkler system into the addition and meet all other Code requirements. 4. The developer shall comply with the following conditions. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Use of the 1700 square foot addition approved by this amendment shall be limited to storage, parking of vehicles, and restroom. Other uses such as motor vehicle service/repair are not allowed. 6. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. St. Louis Park City Council Agenda Item: 072103 - 4f - Paulines 450 Ford Rd demo Page 16 of 16 7. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. C. For property at 300, 310, 320, 330, 340 and 350 Ford Road 1. Exhibit PA4 (Elevation) of Condition 26a may be modified to replace the prefinished siding (hardboard), stucco, and rough sawn cedar trim with high quality vinyl siding as approved by the building official and the zoning administrator. 2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk 03-04-CUP:N/res-ord St. Louis Park City Council Agenda Item: 072103 - 4g - CER PCD Sidewalk Improvements Page 1 of 4 4g. Motion to adopt the Resolution regarding Sidewalk and Lighting Improvement Project – Park Commons Drive, City Project No. 03-11, accepting report, establishing the improvement project, and holding information meetings with affected property owners and residents for the purposes of reviewing the proposed plans and soliciting input.. Background: New sidewalk and decorative lighting, along the north side of Park Commons Drive, was contemplated in the overall plans for the Excelsior & Grand (Park Commons) area development. New sidewalk will facilitate pedestrian traffic to and from the Excelsior & Grand area as well as complete the streetscape improvements being installed by the developer along the southern portions of Park Commons Drive. These sidewalk segments were added to the City’s Sidewalk, Trail, Bikeway & Crossing Program as an amendment in 2001. Analysis: New sidewalk will be installed on the north side of Park Commons Drive at the following locations: § From Wolfe Parkway-east to Monterey Drive, adjacent to Westmoreland condos § From Wolfe Parkway-west to Quentin Avenue, adjacent to Wolfe Lake condos Decorative street lighting, identical to that in the Excelsior & Grand development, will be installed in conjunction with the sidewalk. Preliminary plans for this construction have been developed by Engineering Division staff. These have been routed through other City Departments for review and comment. Sidewalk-East (near Westmoreland Condos): In keeping with the guidelines established for the Sidewalk & Trail Program, staff attempted to design this segment with minimal tree removal. By placing the sidewalk directly adjacent to the curb, and installing the lightpoles behind the sidewalk clear area and between trees, staff was able to leave all of the existing trees in place. Although this layout of the poles is different from the other areas along Park Commons Drive, (where the lightpoles are placed 2’ behind the curb edge), staff feels the compromise in aesthetics is balanced by retaining these mature trees. As a result of the recent construction of the Excelsior & Grand development, these trees have already sustained damage to their root system. According to the City Forester, the project can be built, however, there is the possibility of tree loss if more damage is sustained. He will be on-site during construction to instruct and guide the contractor as to the best methods for trimming and cutting back roots. Wiring for the light poles will be buried directly beneath the sidewalk, in conduit, to minimize the amount of excavation that needs to be done. Despite these efforts, some tree loss may occur. Any trees that are damaged or die, will be replaced, (with a typical, 2” diameter boulevard tree). St. Louis Park City Council Agenda Item: 072103 - 4g - CER PCD Sidewalk Improvements Page 2 of 4 Since the walk is only 4 feet in width, there is also the question of whether it serves the purpose for which it is intended. Because this area is oriented towards pedestrian traffic, staff feels having a minimal width walk is better than having no walk at all. Sidewalk-West (near Wolfe Lake Condos): In this area, there is existing walk on the north side of the street that “dead-ends” at Quentin Avenue. Steep grades would make it difficult and costly to construct the walk behind the existing curbline. Therefore, staff is proposing to narrow the street by 6-7’ and construct the sidewalk directly behind the new curb. Due to the final configuration of the Excelsior & Grand development, there is an alignment offset where the new Park Commons Drive connects to the old “39th Street” (just east of Quentin Avenue). Narrowing the street will help correct this alignment problem. Approximately 4 parking stalls will need to be designated as “No Parking” along the south side of Park Commons Drive from Princeton Court, west beyond the Bally’s parking ramp entrance. The Traffic Superintendent has recommended removing all of the parking along the south side of Park Commons Drive from Quentin Ave. to Princeton Court. Staff will explore this option with the adjacent residents to determine the need for parking on this side of the block. The north side is currently signed as, “No Parking”. A permit from the Minnehaha Creek Watershed District may be required for this work. Public Involvement: Limited communication of this project has taken place with the adjacent property owners to date. If Council desires to forward this project, the next step will be to hold informational meetings with the affected property owners to solicit input on the designs and to answer questions about construction. These meetings would be scheduled for early-August. A summary of the comments received from residents will be prepared for the City Council at the time of final plan approval. Financial Considerations: All of the segments are anticipated to be funded using Development funds. The estimated cost, based upon the proposed plans, is $196,390. The manufacturing and delivery of the light poles will take a couple of months. In order to make sure the lights are available in time for installation, staff will be soliciting quotes for the light poles and fixtures in advance of the construction bidding. The construction contract will include the cost of installing the fixtures. A summary of the anticipated construction costs and pertinent design elements follows: Estimated Costs: St. Louis Park City Council Agenda Item: 072103 - 4g - CER PCD Sidewalk Improvements Page 3 of 4 Street From To Side Walk Width Blvd. Width Cost Park Commons Dr. Monterey Drive Wolfe Parkway- East North 4’ 0’ $45,204 Park Commons Dr. Quentin Ave. Wolfe Parkway- West North 5’ 0’ $69,203 [Light poles & fixtures] $45,000 Sub-Total $159,407 Contingency $15,941 Subtotal $175,348 Engineering & Admin. $ 21,042 TOTAL $196,390 Revenue Sources: Development Funds $196,390 Parking Removal: As mentioned previously, a portion of the south side of Park Commons Drive, between Quentin Ave. and Princeton Court, will need to be restricted for “No Parking” as a result of this project. Project Timeline: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council July 21, 2003 • Neighborhood meetings Early August • Finalize plans August • Plan approval & authorization to advertise for bids August 18 • Advertise for bids August/September • Bid Tab Report to City Council September 15 • Construction October through November Summary of Feasibility: The proposed project is cost-effective and feasible under the conditions noted and at the prices estimated. Recommendation: It is recommended that the City Council adopt the attached resolution accepting the City Engineer's report, establishing a project for these improvements, and authorizing staff to hold informational meetings with the affected property owners. Attachment: Plans (Supplement) Resolution Prepared by: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4g - CER PCD Sidewalk Improvements Page 4 of 4 RESOLUTION NO. 03 - 085 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AN IMPROVEMENT PROJECT AND AUTHORIZING STAFF TO SPONSOR INFORMATIONAL MEETINGS WITH AFFECTED PROPERTY OWNERS FOR THE CONSTRUCTION OF SIDEWALK ALONG THE NORTH SIDE OF PARK COMMONS DRIVE WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the construction of two segments of concrete sidewalk along the north side of Park Commons Drive which are intended for construction as a part of 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 City Engineer’s Report regarding the construction of two segments of sidewalk along the north side of Park Commons Drive is hereby accepted. 2. The proposed project, designated as Project No. 03-11, is hereby established. 3. The City Engineer is authorized to hold informational meetings with affected property owners and residents for the purposes of reviewing the proposed plans and soliciting input. Attest: Adopted by the City Council July 21, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 072103 - 4h - Excel Bridge HC Agrmt Page 1 of 3 4h. Motion to adopt Resolution to enter into an agreement with Hennepin County for the improvement of the bridge over Trunk Highway 100 at Excelsior Boulevard, Project No. 98-04 Background: The Excelsior Boulevard bridge-widening project was identified in the City’s Comprehensive Plan, in response to the anticipated increase in regional traffic volumes, the more intense development planned for the Town Center and Park Commons areas, and the need to improve pedestrian access across the bridge. The proposed project would widen the bridge to the south so that double left-turn lanes from Excelsior Boulevard to southbound and northbound Highway 100 could be achieved while still maintaining two through lanes in each direction across the bridge. Just west of the bridge, a right-turn lane from eastbound Excelsior Boulevard to the southbound Highway 100 ramp would also be added. The sidewalk on the north side of the bridge will be widened to 6 feet and an 8- foot wide multi-use trail will be built on the south side, separated from the traffic by a concrete barrier. Currently, there is only a 2 ½-foot walk on the south side and a 5-foot walk on the north side of the bridge. The City has received a cooperative agreement from the County that details the cost and liability responsibilities to the City for the construction of this project. Analysis: The City procured the federal funding for this project through a regional solicitation process. Hennepin County agreed to design, inspect, manage, and pay for the construction on behalf of the City. The limits of their financial contributions are $150,000 plus their engineering costs. The Minnesota Department of Transportation (Mn/DOT) also agreed to fund a portion of the project due to the fact that they are the owners of the bridge. However, Mn/DOT does not have funds available to pay for their share of the costs until 2007. With this agreement, the City will advance to Hennepin County the funding proposed to be paid by Mn/DOT for their portion of the project, (approximately $720,000). Mn/DOT’s total contribution towards the project is capped at $1,040,000. Therefore, if the cost of certain items in the project, that Mn/DOT is willing to pay for increases, then Mn/DOT will pay more towards the project, (up to a maximum of $1,040,000). These amounts would be paid back to Hennepin County and subsequently to the City sometime after June, 2007 without interest. There is no guarantee that the advanced funds will be paid back to the County/City as the Legislature will need to authorize the funds to Mn/DOT for this project. The agreement language also puts significant responsibility on the City for any overruns, delays, etc. that aren’t funded by Federal or State funds. The impact of this responsibility is unknown at this time. The agreement also makes the City responsible for project funding, if federal funds are not available for some reason. Although staff does not anticipate that happening, the burden is on the City in terms of responsibility. St. Louis Park City Council Agenda Item: 072103 - 4h - Excel Bridge HC Agrmt Page 2 of 3 A currently outstanding issue is the construction of a multi-use path between the westerly end of the bridge and Yosemite Ave, on the south side of Excelsior Boulevard. This area currently has sidewalk in place, but in developing the Project Memorandum for the project, this area was recommended to be included as an extension of the multi-use path that will run along the south side of the bridge. It is staff’s understanding that the installation of this segment of trail would occur not with the bridge project, but would be constructed with the planned reconstruction of Excelsior Boulevard, west of the bridge, in 2005 or 2006. It is likely that right-of-way acquisition may be needed to install this trail. The County has allocated funds to the future Excelsior Boulevard road project budget for right-of-way acquisition, but, they may request assistance from the City to bear some cost for right-of-way and/or construction associated with the path. Since the City is anticipating installing some level of Streetscape amenities with the County’s road project, a similar agreement will be entered into for that project and the details of the path cost would be identified at that time. The total anticipated cost to the City, based on the preliminary cost estimates, is approximately $186,500. This does not include the advance funding amount or the future trail costs mentioned previously. Of this amount, all but approximately $22,000 for the decorative railing would be reimbursable from Municipal State Aid funds. The City Attorney has reviewed the agreement and has no major issues. Some minor language clarification is needed prior to completion of the document. Recommendation: Adopt the attached resolution authorizing the Mayor and City Manager to execute this agreement on the City’s behalf, subject to the approval of the City Attorney. Attachments: Resolution Prepared by: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4h - Excel Bridge HC Agrmt Page 3 of 3 RESOLUTION NO. 03 - 086 RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY FOR THE IMPROVEMENT OF THE BRIDGE OVER TRUNK HIGHWAY 100 AT EXCELSIOR BOULEVARD (CSAH 3) WHEREAS, the City Council of the City of St. Louis Park has requested the County to design, inspect, and administer a construction project for the improvement of the bridge over Trunk Highway 100 at Excelsior Boulevard; and WHEREAS, various parties, including the City, will participate in the costs of said project; and WHEREAS, the County has prepared an agreement describing the responsibilities of both parties in regards to this project; and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Mayor and City Manager are authorized to execute Hennepin County Agreement No. PW 05-05-03 for the improvement of the bridge over Trunk Highway 100 at Excelsior Boulevard in accordance with the terms and conditions set forth in Agreement No. PW 05-05-03. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 4i - Contract Ron Kassa alleys Page 1 of 2 4i. Bid Tabulation: Motion to designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $97,953.75 for Alley Improvement Project-2700 block between Raleigh & Salem Avenues, Project No. 03-09 and Alley Improvement Project- 2900 block between Salem & Toledo Avenues, Project No. 03-10 Background: Bids were received on Tuesday, July 8, 2003 for the construction of concrete alleys in the 2700 block between Raleigh & Salem Avenues and in the 2900 block between Salem & Toledo Avenues. These projects were combined since they primarily involve concrete work and, in the hopes of receiving lower bids. A combined Advertisement for Bids was published in the St. Louis Park Sun-Sailor on June 12 and June 19, 2003 and in the Construction Bulletin on June 13 and June 20, 2003. Following is a summary of the bid results: Bidder #03-09 Bid Amount #03-10 Bid Amount Total Bid Amount Ron Kassa Construction, Inc.* $44,783.75 $53,170.00 $ 97,953.75 Gunderson Bros. Cement, Inc. $47,998.00 $56,548.00 $104,546.00 O’Malley Construction, Inc. $51,492.40 $58,542.40 $110,034.80 LS Black Constructors, Inc. $58,452.50 $69,916.20 $128,368.70 Ti-Zack Concrete, Inc. $58,350.00 $72,875.00 $131,225.00 Engineer’s Estimate $44,265.00 $57,510.00 $101,775.00 *Bid corrected upon extension Evaluation of Bids: A total of five (5) contractors submitted bids. A review of the bids indicates Ron Kassa Construction submitted the lowest bid. This contractor has satisfactorily completed a number of projects for the City. The bid price for Project No. 03-09 is $518.75 higher than the Engineer’s Estimate. Staff feels this price is still within the range of the anticipated project cost. The estimated amount, for purposes of the assessment, was $54,146.00. Staff has determined that Ron Kassa Construction submitted the lowest responsible bid and recommends that a contract be awarded to the firm in the amount of $97,953.75. Financial Considerations: All costs of the alley paving projects will be assessed to the abutting property owners. A total of 36 properties will be assessed between the two projects. Assessment Considerations: The assessment hearing for Project No. 03-09 was held on May 19th. Property owners had 30 days to file an appeal from the date of the assessment hearing. The 30-day appeal period expired on June 19, 2003 and as of that date, the City has received no appeals. The assessment hearing for Project No. 03-10 was held on June 2nd. Property owners had 30 days to file an appeal from the date of the assessment hearing. The 30-day appeal period expired on July 2, 2003 and as of that date, the City has received no appeals. St. Louis Park City Council Agenda Item: 072103 - 4i - Contract Ron Kassa alleys Page 2 of 2 Construction Issues Update: In approving the project in the 2900 block of Salem & Toledo, staff was recommending acquiring easements from 2 properties along Toledo Avenue in order to construct the alley around an existing garage that encroaches on the right-of-way. Staff re- designed the alley prior to bid and was able to move the retaining wall and alley closer to the garage, thus keeping the alley completely within the right-of-way and avoiding the need to acquire easements. 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: 072103 - 4j - Flood Impr 1 CP 00-03 Page 1 of 3 4j. Motion to adopt the attached resolution accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer’s Report for Storm Water Flood Improvement Area No. 1 – Runnymeade Lane - Project No. 00-03 Background: This project is the result of the study of 22 flood problem areas in St. Louis Park. The study identified the flooding issues of each area, corrective alternatives to consider, cost estimates, and a recommendation on alternatives to be implemented. At Flood Improvement Area No. 1, during heavy rainfall, storm water runoff enters the garage at 1841 Ford Road. Runoff is collected by two catch basins that drain via storm sewer main into the City of Minnetonka. Discussion: The proposed project provides for the removal and replacement of existing catch basins, as well as construction of additional catch basins, at the low point of Runnymeade Lane. In addition, the proposed project would remove an existing 18-inch diameter City storm sewer pipe, which is located on a City of Minnetonka utility easement, and replace it with a deeper, 24- inch diameter pipe. An overland swale, along the southerly curbline, will also allow water to flow away from the area during heavy downpours. The proposed project will increase the conveyance of storm water from the low point, which will alleviate flooding at 1841 Ford Road. The disturbed areas within the construction limits will be restored to their pre-construction condition. Fencing, storage sheds and shrubs within the project limits will be protected or restored once pipe installation is complete. The majority of this work will take place on residential property located within the City of Minnetonka. WSB has developed the proposed construction plans and specifications based upon the recommended alternative along with significant input from affected residents. The scope of this project has been modified to respond to the concerns of adjacent property owners, namely, considerations for temporary fencing of one property owner’s dogs, and landscaping. Public Meetings: Over the past two years, several meetings were held with affected property owners and staff from the City of Minnetonka. As a result of these meetings, the City of Minnetonka has secured rights-of-entry for the three properties impacted by the proposed construction. Affected property owners, both in Minnetonka and St. Louis Park, will be notified of the anticipated construction timing. St. Louis Park City Council Agenda Item: 072103 - 4j - Flood Impr 1 CP 00-03 Page 2 of 3 Financial Considerations: It is proposed that this project be funded partially by General Obligation Revenue Bonds to be repaid entirely by the Storm Water Utility Fund. Matching dollars are available through the Minnesota DNR Flood Hazard Mitigation Grant to fund a portion of these costs. No special assessments are proposed to be used for this project. This project was included in the 2003 Capital Improvement Program. A summary of the estimated costs is as follows: Project Costs: Construction Costs $ 60,000 Contingency (15%) $ 9,000 Subtotal $ 69,000 Consultant $ 7,200 Management & Administration $ 7,200 Subtotal $ 14,400 TOTAL $ 83,400 Revenue Sources: General Obligation Revenue Bonds $ 41,700 Mn/DNR Flood Hazard Mitigation Grant $ 41,700 TOTAL $ 83,400 Construction Timeline: It is anticipated that bids for this project would be solicited in August and a contract awarded in early September. This project will be bid together with Flood Improvement Area #9 (Project No. 03-05) to possibly obtain better pricing. It is anticipated that the majority of work would be completed this Fall. Attachments: Resolution Plan (supplement) Submitted By: Maria A. Hagen, City Engineer Through: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4j - Flood Impr 1 CP 00-03 Page 3 of 3 RESOLUTION NO. 03 - 087 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING & ORDERING IMPROVEMENT PROJECT NO. 00-03 APPROVING PLANS AND SPECIFICATIONS, AND 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 improvements at Runnymeade Lane to address public storm water in Flood Improvement Area No. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the improvements to address public storm water in Flood Improvement Area No. 1 at Runnymeade Lane project No. 00-03 is hereby accepted. 2. The proposed project designated as project No. 00-03 is hereby established. 3. Project No. 00-03 is hereby ordered. 4. The plans and specifications for the making of the improvement as prepared under the direction of the City Engineer are approved. 5. 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 twenty-one (21) 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. 6. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council. Reviewed for Administration Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 4k - Flood Impr 9 CP 03-05 Page 1 of 3 4k. Motion to adopt the Resolution accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer’s Report for Storm Water Flood Improvement Area No. 9 – 5801 and 5737 W. 25 ½ Street – Project No. 03-05 Background: This project is the result of the study of 22 flood problem areas in St. Louis Park. The study identified the flooding issues of each area, corrective alternatives to consider, cost estimates, and a recommendation on alternatives to be implemented. At Flood Improvement Area No. 9, a storm sewer stub in the open area at 26th Street & Yosemite Ave. conveys water from the backyard low points toward the main trunk storm sewer system in Yosemite Ave. This pipe does not have adequate capacity to keep water from backing up into the yards and inundating homes. Discussion: The proposed project provides for the excavation of a dry pond, which is located on property, owned by the adjacent townhome association, at West 26th Street and Zarthan Avenue. As part of a previous project, a check valve was installed on the pipe to prevent water from backing up into the pond from the street storm sewer. The disturbed areas within the construction limits will be restored to their pre-construction condition and some new trees will be installed around the perimeter of the pond. Public Meetings: Over the past two years, several meetings have been held with the townhome association and the adjacent property owners. The townhome association is amenable to this construction as long as their open space requirements are maintained. Easements will be required from the association and from the property owner of 5801 25 ½ Street in order to construct the pond. Staff is not certain whether either party will require compensation for the easement, but is requesting authority from the City Council to negotiate with both owners on an equitable price. Once the easements are obtained, affected property owners surrounding the project will be notified of the anticipated construction timing. St. Louis Park City Council Agenda Item: 072103 - 4k - Flood Impr 9 CP 03-05 Page 2 of 3 Financial Considerations: It is proposed that this project be funded by General Obligation Revenue Bonds to be repaid entirely by the Storm Water Utility Fund. Matching dollars are available through the Minnesota DNR Flood Hazard Mitigation Grant to fund a portion of these costs. No special assessments are proposed to be used for this project. This project is included in the 2003 Capital Improvement Program. A summary of the estimated costs is as follows: Project Costs: Construction & Land Acquisition Costs $ 110,000 Contingency (15%) $ 16,500 Subtotal $ 126,500 Consultant $ 13,200 Management & Administration $ 13,200 Subtotal $ 26,400 TOTAL $152,900 Revenue Sources: General Obligation Revenue Bonds $ 76,450 Mn/DNR Flood Hazard Mitigation Grant $ 76,450 TOTAL $152,900 Construction Timeline: It is anticipated that final neighborhood meetings and negotiation for easements will commence immediately. Bids for this project, along with the work at Runnymeade Lane-Project No. 00-03, would be solicited in August and a contract awarded in early September. It is anticipated that most work would be completed this Fall. Attachments: Resolution Plan (supplement) Submitted By: Maria A. Hagen, City Engineer Through: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4k - Flood Impr 9 CP 03-05 Page 3 of 3 RESOLUTION NO. 03 - 088 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING AND ORDERING IMPROVEMENT PROJECT NO. 03-05 APPROVING PLANS AND SPECIFICATIONS, AND 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 improvements at West 26th Street and Yosemite Avenue to address public storm water in Flood Improvement Area No. 9. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the improvements to address public storm water in Flood Improvement Area No. 9 at West 26th Street and Yosemite Avenue, Project No. 03-05 is hereby accepted. 2. The proposed project designated as Project No. 03-05 is hereby established. 3. Project No. 03-05 is hereby ordered. 4. The plans and specifications for the making of the improvement as prepared under the direction of the City Engineer are approved. 5. The Director of Public Works, or his designated representative, is authorized to negotiate on behalf of the City to obtain necessary easements for the construction of this project. 6. 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 twenty-one (21) 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. 7. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council. Reviewed for Administration Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 4l - Solid Waste cart Purchase Page 1 of 2 4l. Authorization to advertise and receive bids for purchase of refuse carts. Background: At the July 14, 2003 Study Session the City Council reaffirmed their previous decision to move to volumeto volume based refuse/garbage collection and to purchase carts allowing for the reduction of waste and increase of recycling. Offering residents a choice of cart size with a corresponding rate structure provides for this opportunity. Cart Purchase: Cart distribution is expected to occur in November of this year. To assist residents in making an informed decision on which level of service is right for their needs, staff is preparing educational materials, including levels of service and the rate structure. Residents will also receive a cart size recommendation from their Waste Management driver. Residents then will be asked to choose a level of service (cart size) and report it to the City so that carts may be ordered. Cart purchase is planned to be done through a competitive bid process. However, staff and the City Attorney are continuing to investigate the possibility to purchase carts through a Request for Proposal (RFP) process instead of the competitive bid process. The advantage to the RFP process is that it provides the City more flexibility in selecting a vendor. City owned carts would be uniform in color and have decals on the cart identifying City ownership. Staff is also researching the possibility of art decals for the carts at the request of Council. Financial Considerations: Staff consulted with the Finance Director and determined that it is more cost effective to purchase carts initially rather than to lease-to-own the carts at the end of the five-year contract. The purchase of the carts has been planned for with funding for the cart purchase coming from the from the Solid Waste Fund reserves. The number of carts being to be purchased is anticipated to be 14,000 at a cost of $50 per cart for an estimated total cost of $700,000. Recommendation: Motion to adopt the attached resolution allowing for the advertisement and receipt of bids for approximately 14,000 refuse carts. Attachments: Resolution Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 4l - Solid Waste cart Purchase Page 2 of 2 RESOLUTION NO. 03 - 088a RESOLUTION ACCEPTING THE REPORT, AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS FOR PURCHASE OF REFUSE CARTS WHEREAS, the City Council of the City of St. Louis Park is in support of moving to volume based refuse/garbage collection to provide for the reduction of waste and increase of recycling. WHEREAS, providing residents with carts provides for this opportunity to move to volume based collection. WHEREAS, the City Council of the City of St. Louis Park has received a report from Public Works requesting authorization to advertise and receive bids for the purchase of refuse carts. WHEREAS, the Council’s authorization to proceed with the competitive bid process is also authorization proceed with a Request for Proposal process instead, should the City Attorney determine it meets state guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The report from Public Works regarding the advertisement and receiving of bids for refuse cart is hereby accepted. 2. The advertising and receiving of bids for refuse carts is ordered. 3. The bids shall be tabulated by the Public Works Coordinator who through the Director of Public Works and shall report the tabulation and recommendation to City Council. Attest: Adopted by the City Council July 21, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 072103 - 4m - HA Minutes 061103 Page 1 of 3 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, June 11, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Judith Moore Commissioners Anne Mavity and Shone Row arrived at 5:11 p.m. MEMBERS ABSENT: None STAFF PRESENT: Sharon Anderson, Jane Klesk, Michele Schnitker 1. Call to Order The meeting was called to order at 5:08 p.m. 2. Approval of Minutes for May 14, 2003 The May 14, 2003 minutes were unanimously approved with the following amendment to Page 2, Paragraph 6.b, second sentence: Ms. Schnitker explained that the resolution states the Housing Authority approves of the Hennepin County HRA acting within the HA jurisdiction, with respect to use of the AHAP funds for the Wayside project. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Training and Resources for Individual Long-Term Success Contract Renewal Ms. Schnitker recommended entering into another contract for the TRAILS Program, for fiscal year July 1, 2003 to June 30, 2004. Sue Wiseman, former Housing Authority Property Manager, was hired by Employment Action Center as TRAILS Coordinator. Thirty-nine of the families enrolled in the program are St. Louis Park housing participants. This contract is split with the City of Plymouth and that arrangement is continuing to work well for both Housing Authorities. St. Louis Park's portion will be $31,355.00, or 12% less than what was paid last year. Commissioner Moore made a motion to approve the TRAILS Contract Renewal, and Commissioner Mavity seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. St. Louis Park City Council Agenda Item: 072103 - 4m - HA Minutes 061103 Page 2 of 3 2 b. Approval to Submit an Application for Mainstream Housing Opportunities for Persons with Disabilities Ms. Schnitker explained that this is a good opportunity to obtain additional vouchers. These vouchers would serve people who are on the waiting list now, and would free up the general vouchers for other people. Seventy-one of our current participants have designated that the head of household is disabled. Commissioner Mavity made a motion to approve submission of the Application for Mainstream Housing Opportunities for Persons with Disabilities, and Commissioner Row seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. c. Revenue Recapture Report Ms. Schnitker briefly explained the Revenue Recapture Program and added that in St. Louis Park the program has been very successful to date. d. Approval of Amendments to Section 8 Administrative Plan: Resolution No. 518 Ms. Schnitker stated that the amendments to be approved were very minor. The primary revision is in reference to local preferences to accommodate the project based units. The other amendment is a minor revision to the allowance for childcare expenses. After some discussion Commissioner Mavity made a motion to approve Resolution No. 518, Amendments to Section 8 Administrative Plan, and Commissioner Courtney seconded the motion. The motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. 7. Communications from Executive Director a. Claims List No. 6-2003 Commissioner Courtney moved to ratify Claims List No. 6-2003, and Commissioner Moore seconded the motion. The motion passed on a vote of 5-0, with Commissioners Courtney, Gavzy, Mavity, Moore and Row voting in favor. b. Communications (1) Monthly Report for June, 2003 (2) Scattered Site Houses and Hamilton House Ms. Anderson reported that 30-day notice had been given to Alphonso Jones, one of the Hamilton House caretakers, and steps were being taken to find a replacement. St. Louis Park City Council Agenda Item: 072103 - 4m - HA Minutes 061103 Page 3 of 3 3 Ms. Anderson also explained that a fire had taken place at one of the scattered-site units, causing substantial damage. The fire was determined to be the fault of the children. The family is required to attend a fire diversion course and will be required to pay the insurance deductible and any Housing Authority expenses. (3) Draft Financial Statement 8. Other 9. Adjournment Commissioner Moore moved for adjournment. Commissioner Row seconded the motion, and the motion passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Mavity and Row voting in favor. The meeting was adjourned at 6:02 p.m. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 072103 - 4n - Res Final Paymt Thomas 78-02 Page 1 of 1 RESOLUTION NO. 03 - 089 RESOLUTION ACCEPTING WORK ON 2002 SIDEWALK IMPROVEMENT PROJECT CITY PROJECT NO. 19990700 CONTRACT NO. 78-02 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 June 3, 2002, Thomas & Sons Construction, Inc. has satisfactorily completed the 2002 Sidewalk Improvement Project - City wide, as per Contract No. 78-02. 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 July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 6a - Franchise Fee XCEL Energy Page 1 of 4 6a. 1st Reading of an ordinance imposing a franchise fee on XCEL Energy, a Minnesota Corporation pursuant to Ordinance No. 2086-97 Section 9-610. The City’s franchise agreement with XCEL Energy requires that in order to impose a franchise fee, the City must adopt a separate ordinance. The proposed effective date of this ordinance is January 1, 2004. Recommended Action: Mayor to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on XCEL Energy and setting second reading for August 4, 2003. (NOTE: This report information also applies to item 6b imposing a franchise fee on Centerpoint Energy Minnegasco) Background: During previous budget discussions, Council has considered adopting ordinances implementing franchise fees for both gas and electric utility companies. The 2004 budget as currently proposed, is contingent on utilization of franchise fees as a revenue source. Revenues: The purpose of franchise fee collection would be to partially fund the proposed $1.5 million annual pavement management program through the collection of an estimated revenue amount of $897,432 per year. The fees can be applied to the General Fund and would be a reliable funding source for routine pavement maintenance, pavement rehabilitation, and pavement reconstruction. Both CEM and Xcel Energy recommend that the method of applying a fixed monthly charge per- meter provides for a predictable revenue stream, and the City revised both the gas and electric franchise ordinances in 1997 to make that change. The proposed meter charges to customers and projected revenues are listed below. ELECTRIC FRANCHISE FEE Class # Customer Accounts Electric Fee Per Account Per Month Projected Monthly Revenue per Class Residential 20964 $1.25 $26,205.00 Small C & I and Municipal - no demand charge 1351 $4.00 $5,404.00 Small C & I and Municipal - demand charge 611 $10.00 $6,110.00 Large C & I and Municipal 157 $65.00 $10,205.00 Public Street Lighting 63 $1.25 $78.75 Total Projected Monthly Revenue $48,002.75 Total Projected Annual Revenue $576,033.00 St. Louis Park City Council Agenda Item: 072103 - 6a - Franchise Fee XCEL Energy Page 2 of 4 GAS FRANCHISE FEE Class # Customer Accounts Gas Fee Per Account Per Month Projected Monthly Revenue per Class Residential 14,286 $1.25 $17,857.50 Commercial - A 475 $1.25 $593.75 Commercial/Industrial - B 393 $4.00 $1,572.00 Commercial/Industrial - C 568 $10.00 $5,680.00 Small Dual Fuel A&B 82 $10.00 $820.00 Large Dual Fuel 4 $65.00 $260.00 Total Projected Monthly Revenue $26,783.25 Total Projected Annual Revenue $321,399.00 COMBINATION GAS & ELEC FRANCHISE FEES $897,432.00 Public Reaction: Though Utility companies are generally opposed to franchise fees, both Xcel Energy and CEM have expressed their willingness to work with the city in implementing the fees. This issue was discussed at a recent Twinwest Business Council meeting, and though Twinwest opposes implementing franchise fees, they maintain that franchise fees set on a per meter basis and dedicated to a specific purpose are the least objectionable. St. Louis Park’s franchise fees, as proposed, meet both these criteria. Attached is a letter and update from TwinWest on their position on franchise fees. Opponents of franchise fees also feel that the fees place the greatest financial burden on low- income individuals who spend a higher percentage of their incomes on energy and that the fees can create an unfavorable business and community climate. Because the fees are passed on directly to residents on their gas and electric bills many residents may view the fees as a tax and oppose implementation. Utility companies also feel it is the city’s responsibility to educate residents about the source of the fees and the roles the city and utility companies play in implementing the fees. Attachments: Position Paper from TwinWest Chamber Ordinance Submitted By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 6a - Franchise Fee XCEL Energy Page 3 of 4 ORDINANCE NO. _____ - 03 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2086-97 SECTION 9-610 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: WHEREAS, the City of St. Louis Park ("City") granted to Xcel Energy Corporation (“Corporation”) a franchise for the furnishing of electric energy to the City, its inhabitants, and others, and for the use of public ways and public grounds of the City for such purposes, pursuant to St. Louis Park Ordinance No. 2086-97; WHEREAS, Section 9-610 of Ordinance No. 2086-97 states that the City may impose on Xcel Energy Company ("Company") a franchise fee by separate ordinance duly adopted by the City Council; WHEREAS, Section 9-610 of Ordinance No. 2086-97 limits the imposition of any franchise fee to no more than five (5%) percent of the Company's gross revenues or an amount determined by collecting not more than the amounts indicated in Section 9-610 of Ordinance No. 2086-97 from each customer in the designated company customer classification for metered service at each and every customer location; WHEREAS, the City desires to impose a franchise fee in lieu of any permit or other fees imposed on the Company; WHEREAS, the collection as a franchise fee of the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is authorized under Section 9-610 of Ordinance No. 2086-97 Metered Service-based Fee Schedule Customer Classification Amount per Month Residential $ 1.25 Small C & I and Municipal with no demand charge $ 4.00 Small C & I and Municipal with demand charge $10.00 Large C & I and Municipal $65.00 WHEREAS, at least 60 days have elapsed since service on the Company by certified mail of the written notice enclosing this proposed ordinance; St. Louis Park City Council Agenda Item: 072103 - 6a - Franchise Fee XCEL Energy Page 4 of 4 WHEREAS, the City imposes a fee of the same or greater percentage on the receipts from sales of energy within the City on all other energy suppliers as provided under Section 9- 610(4) of Ordinance No. 2086-97; NOW, THEREFORE, be it ordained by the City Council of the City of St. Louis Park that: 1. The recitals set forth above are hereby incorporated into this Ordinance. 2. A franchise fee to be collected in the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is hereby imposed on the Company: Metered Service-based Fee Schedule Customer Classification Amount per Month Residential $ 1.25 Small C & I and Municipal with no demand charge $ 4.00 Small C & I and Municipal with demand charge $10.00 Large C & I and Municipal $65.00 This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. ADOPTED this ______ day of ____________, 2003, by the City Council of the City of St. Louis Park. Reviewed for Administration: City Mana ger Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 072103 - 6b - Franchise Fee CEM Page 1 of 3 6b. 1st Reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation pursuant to Ordinance No. 2236-03 Section 7.1 The City’s franchise agreement with Centerpoint Energy Minnegasco requires that in order to impose a franchise fee, the City must adopt a separate ordinance. The proposed effective date of this ordinance is January 1, 2004. Recommended Action: Mayor to close the public hearing. Motion to approve first reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., and setting second reading for August 4, 2003. (See report for Item 6a LINK) Attachment: Ordinance Prepared by: Cynthia Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 6b - Franchise Fee CEM Page 2 of 3 ORDINANCE NO. ______ - 03 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE IMPOSING A FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. _______, SECTION 7.1 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: WHEREAS, the City of St. Louis Park ("City") granted to Centerpoint Energy Minnegasco, Inc. ("Company") a franchise for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of St. Louis Park for such purposes, pursuant to St. Louis Park Ordinance No. _________; WHEREAS, Section 9-505 of Ordinance No. __________ states that the City may impose on Centerpoint Energy Minnegasco, Inc. ("Company") a franchise fee by separate ordinance duly adopted by the City Council; WHEREAS, Section 9-505 of Ordinance No. __________ limits the imposition of any franchise fee to no more than five (5%) percent of the Company's gross revenues or an amount determined by collecting not more than the amounts indicated in Section 9-505 of Ordinance No. ____________ from each customer in the designated company customer classification for metered service at each and every customer location; WHEREAS, the City desires to impose a franchise fee in lieu of any permit or other fees imposed on the Company; WHEREAS, the collection as a franchise fee of the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is authorized under Section 9-505 of Ordinance No. ___________: Metered Service-based Fee Schedule Customer Classification Fee Per Account Per Month Residential $1.25 Commercial - A $1.25 Commercial/Industrial - B $4.00 Commercial/Industrial - C $10.00 Small Dual Fuel A&B $10.00 Large Dual Fuel $65.00 St. Louis Park City Council Agenda Item: 072103 - 6b - Franchise Fee CEM Page 3 of 3 WHEREAS, at least 60 days have elapsed since service on the Company by certified mail of the written notice enclosing this proposed ordinance; WHEREAS, the City imposes a fee of the same or greater percentage on the receipts from sales of energy within the City on all other energy suppliers as provided under Section _________ of Ordinance No. _______________; NOW, THEREFORE, be it ordained by the City Council of the City of St. Louis Park that: 1. The recitals set forth above are hereby incorporated into this Ordinance. 2. A franchise fee to be collected in the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is hereby imposed on the Company: Metered Service-based Fee Schedule Customer Classification Fee Per Account Per Month Residential $1.25 Commercial - A $1.25 Commercial/Industrial - B $4.00 Commercial/Industrial - C $10.00 Small Dual Fuel A&B $10.00 Large Dual Fuel $65.00 This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. ADOPTED this ______ day of ____________, 2003, by the City Council of the City of St. Louis Park. Reviewed for Administration: City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 072103 - 8a - Upgraded Radio System Page 1 of 3 8a. Consideration of a Resolution to proceed with planning of an upgraded radio communication system for public safety Recommended Action: Recommend the Council adopt a resolution to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of St. Louis Park's intention and request any state or federal financial incentives that may be offered to local jurisdictions. Background: The radio system currently in use by the city is nearing its end-of-life. To continue to provide safe and effective radio communications for public safety, major expenditures will soon need to be made. The Metropolitan Radio Board, along with the United States Department of Homeland Security and the Department of Justice has recently made funding available to local units of government to improve radio system communications and interoperability. This funding is limited to those who intend to participate in the regional 800 MHz radio system currently in place in much of the Metro Area. To be considered for funding, the local governing body must pass a resolution to proceed with planning with the intention of participating. Under the current funding opportunity, it is possible that St. Louis Park could be eligible to receive grants of up to 70% of our total cost to fully implement participation in the regional system. Issues: What alternatives are there to participation in the regional system? Alternatives include maintaining the present system, making replacements of equipment as needed. Drawbacks to this alternative include the lack of grant funding to continue to operate a system that is not compatible with the regional system, future issues that would arise with the enforcement of FCC rules regulating bandwidth, and the lack of seamless interoperability with neighboring agencies operating on the regional system. Another alternative would be to build a stand-alone trunked digital radio system that would talk to the regional system, but be completely "owned" by the city. Again, the current grant opportunity would not apply to this alternative, and the estimated cost would greatly exceed that of participation in the regional system. Because there are no 800 MHz frequencies available for licensing, we would have to wait until 700 MHz spectrum becomes available, perhaps until 2007 or later. Advantages to this alternative would be that we would own the system outright and have complete control over it. St. Louis Park City Council Agenda Item: 072103 - 8a - Upgraded Radio System Page 2 of 3 Recommendation: Considering the alternatives with the possibility of achieving a system upgrade at a greatly reduced cost, staff recommends the Council approve the resolution stating the city’s intent to proceed with planning for the development of an upgraded radio communication system in cooperation with the Metropolitan Radio Board. Attachments: RESOLUTION Prepared By: John D. Luse, Chief of Police Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 8a - Upgraded Radio System Page 3 of 3 RESOLUTION NO. 03- 090 A RESOLUTION STATING THE CITY’S INTENT TO PROCEED WITH PLANNING FOR THE DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM IN COOPERATION WITH THE METROPOLITAN RADIO BOARD WHEREAS, the radio communication system in use by the City of St. Louis Park is in need of replacement to provide emergency services to police and fire agencies in its jurisdiction; and WHEREAS, The Metropolitan Radio Board, as a result of legislative changes, has the authority and resources to provide financial assistance to local units of government in the Metropolitan Area that plan to participate in the regional 800 MHz digital trunked communications system; and WHEREAS, federal funds have been appropriated and made available through the Minnesota Department of Public Safety to supplement local and state funds for the purpose of participating in the regional system, for which metropolitan area local governments are eligible; and WHEREAS, the City of St. Louis Park has determined that its participation in the regional system would improve interoperability among its various agencies and partners, as well as with other jurisdictions for purposes of mutual aid and emergency medical services, thus improving public safety, NOW, THEREFORE, BE IT RESOLVED that the City of St. Louis Park intends to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of St. Louis Park's intention and request any state or federal financial incentives that may be offered to local jurisdictions. Reviewed for Administration Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 1 of 19 8b. Request for a Major Amendment to an existing Special Permit for construction of a storage, parking and restroom addition to an existing office building at 500 Ford Road Case Nos. 03-25-CUP 500 Ford Road Recommended Action: Motion to adopt a resolution approving the conditional use permit, subject to conditions in the resolution Zoning: C-2, General Commercial Comprehensive Plan Designation: Commercial On October 5, 1981, the City Council adopted Resolution # 6983 granting approval of a special permit to develop a 14,000 square foot office building at 500 Ford Road. On July 6, 1992, the City Council approved a minor amendment to construct a wood deck for employee use on the west side of the office building at 500 Ford Road. DEH Properties LLC is now requesting an amendment to construct an approximate 1700 square foot garage and storage addition attached to the southwest side of the office building. This property is located northeast of Ford Road and Wayzata Boulevard in the northwest quadrant of the City. The addition would replace the deck approved in 1992 and is proposed to be 13.5 feet in height faced with brick and would have two garage doors facing the south. A major amendment to the Special Permit is required for this addition. On June 18, 2003, the Planning Commission held a public hearing and voted 4-0 to recommend approval of the conditional use permit subject to conditions included in the proposed resolution. Issues: • Are the requirements met for a Special Permit Amendment? • Are all other Zoning Ordinance requirements proposed to be met? • Are there existing nonconformities? • Are there any other issues? Issues Analysis: Are the requirements met for a Special Permit Amendment? Properties subject to a continued special permit must comply with all provisions of that special permit. Assuming such compliance, the property may be expanded, altered or modified provided such change complies with applicable provisions of the Zoning Code and does not result in an expansion or intensification of any existing non-conformity. Any existing non-conformity shall be brought into greater or complete compliance with other provisions of the ordinance to the extent reasonable and possible. The property appears to be in conformance with the terms of the existing Special Permit. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 2 of 19 • Are all other Zoning Ordinance requirements proposed to be met? Architecture: The building addition is proposed to be face brick to match the rest of the existing building, which is also brick. Three windows are proposed on the west side of the addition and two garage doors are proposed on the south side. Brick is considered a Class I material and 60% of the building exterior is required to be Class I materials. The proposed addition meets this requirement. Four 2x2 foot brick columns are proposed the south and west sides of the addition thus meeting architectural building wall deviation requirements. Exterior building material samples must be submitted prior to issuance of a building permit. Staff and the Planning Commission are recommending that the exterior doors be painted a color that is compatible to the exterior materials of the building. Parking: The proposed 1,700 square foot addition would increase the parking requirements from 56 to 64 parking stalls. With the addition the site will have 64 parking spaces, three of which would be located inside the garage addition. Thus the parking requirements are met. Use: The applicant submitted a statement of use indicating that the proposed addition would be used to park owner’s personal vehicles, approximately 3 vehicles. The addition is proposed to have floor drains to accommodate water from the vehicles. A personal restroom is also proposed. The applicant indicated that some of the space may also be used for storage. The ordinance does permit the above uses. • Are there existing nonconformities? One of the requirements for amending a special permit states that: any nonconformities existing on the site shall be brought into greater or complete compliance with other provisions of this ordinance to the extent reasonable and possible, except that this is not required for certain provisions (including lot area, lot width, building setbacks, usable open space, floor area ratio and certain other provisions). The only nonconformity on the site includes the west bufferyard. Bufferyard: The west side of the subject property borders Shelard Park. A Bufferyard D is required along this property line. Tree Replacement and Landscape and irrigation plans have been submitted and were approved by the Zoning Administrator as meeting the Ordinance. A condition of the resolution requires a letter of credit for 125% of the estimated cost of the landscaping be submitted by the applicant Are there any other issues? The garage doors exit south of the proposed addition and lead to an access that is shared between the subject property and the property to the south, which is also owned by the applicant. A shared access easement does currently exist between the two properties. The Fire Department reviewed the plans and provided the following comment: “The automatic fire sprinkler system must be extended from the existing building into the garage addition.” The attached resolution requires the construction plans submitted for the building permit illustrate the sprinkler system extension. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 3 of 19 Recommendation: Staff recommends approval of the major amendment to the existing Special Permit, subject to the conditions in the resolution. (The amendments to the original resolution are underlined.) Attachments: Proposed Resolution Planning Commission Minute Excerpts Location Map Proposed Plans (Supplement) Prepared by: Julie Grove, Associate Planner Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 4 of 19 RESOLUTION NO. 03 - 091 Amends and Restates Resolution Nos. 03-014, 02-103, 92-96, 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-014 ADOPTED ON FEBRUARY 3, 2003, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 450 HIGHWAY 169, A 1700 SQUARE FOOT ATTACHED GARAGE AND STORAGE ADDITION TO THE OFFICE BUILDING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL AT 500 FORD ROAD, AND AN AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 300, 310, 320, 330, 340 and 350 FORD ROAD FINDINGS WHEREAS, WCB Properties has made an application to the City Council for a minor amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow the demolition of an existing single story restaurant building at 460 Highway 169, within a Office Zoning District and having the following legal description: Lot 2, Block 7, Shelard Park WHEREAS, Coach Homes of Shelard, a condominium association, has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow an amendment to an existing Special Permit at 300, 310, 320, 330, 340 and 350 Ford Road within a RC—Multi-Family Residential Zoning District having the following legal description: Lot 1, Block 3, Shelard Park (Condo No. 167 Coach Homes of Shelard) WHEREAS, DEH Properties, LLC, has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow A 1700 square foot attached garage and storage addition to the office building at 500 Ford Road within a C-2, General Commercial, Zoning District having the following legal description: That part of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies North of the following described line: Commencing at the most southwesterly corner of said Lot 1; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees, 20 minutes, 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 5 of 19 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. Subject to and together with a non-exclusive easement for ingress and egress described as follows: A strip of land 24.00 feet in width, which lies 11.00 feet to the North and 13.00 feet to the South of the following described line: Commencing at the most southwesterly corner of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the Office of County Recorder, Hennepin County, Minnesota; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees 20 minutes 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet, to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. (Abstract) WHEREAS, this special permit covers all lots and blocks in Shelard Park, and WHEREAS, the City Council has considered the information related to Planning Case Nos. 70-48-SP, 80-63 SP, 81-100-SP, 92-37-SP, 02-55-CUP, 03-04-CUP, 03-25-CUP, 03-33- CUP, 03-46-CUP, and the effects of the proposed demolition of a single story vacant restaurant building, the proposed garage and storage addition, and the proposed modifications to the exterior elevations on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 6229 of the St. Louis Park City Council dated March 12, 1979 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 6300 of the St. Louis Park City Council dated July 9, 1979, which contained conditions applicable to said property, and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 03-014 of the St. Louis Park City Council dated February 3, 2003, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6229 and 6300 and amended by Resolution No. 03-014 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 6 of 19 WHEREAS, the contents of Planning Case Files 03-25-CUP, 03-33-CUP, and 03-46- CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 03-014 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the exterior elevations within the R-C Multi- Family Residential District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 District. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median strip is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R-B District. 7. All electric, gas, sewer, telephone and water services shall be underground. 8. Driveway slopes at pedestrian ways shall not exceed a grade of 3 percent. 9. A parkway strip shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for joint use, access, construction and maintenance thereof and until necessary street right-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St. Louis Park shall be permitted from Plymouth unless authorized by the City Council of the City of St. Louis Park. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 7 of 19 10. At least one bus stop area shall be provided (if the City and MTC authorize the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. 11. All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12. The perimeter of all parking lots, driveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestrian ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan- North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestrian ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing material different than the adjacent parking area. (b) All improvements including landscaping, striping, surfacing, pedestrian ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan; Exhibit N, Drainage Plan; Exhibit O, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition: (a) All improvements including landscaping, striping, surfacing, buildings, recreational facilities, and pedestrian ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3-story, 126-unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan; Exhibit U, West-North-East Elevation, Wing A; Exhibit V, South-North- West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions: St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 8 of 19 (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, striping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4-story, 186-unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. Exhibits BB, Elevation Plan; and CC, Typical Elevations are modified by Exhibit EE. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II-JJ, Paving Plan/Grading Plan (Exhibits GG, HH, II-JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions: (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 9 of 19 (d) The office tower shall be fully sprinkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, striping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976. 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words “Bar-Restaurant” shall be added to the Hippogriff sign in place of the logo on Exhibit YY. (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the exterior of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the exterior of the building identifying or advertising the use. (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it; it is not limited to Tower tenants or General Mills personnel. (d) Exterior vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 10 of 19 (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafeteria uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23. That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit FFF, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestrian facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978); Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan; Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 11 of 19 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TTT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (Exhibit PA4 is modified by condition 38 approved 7-21-03.) (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. (c) That provisions be provided for watering the sod and landscape features in the open-space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 12 of 19 in accordance with the following conditions: (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as described in Condition No. 22) and allowing said property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3, Elevations. (Amended by Condition 33 approved 7-21-03) (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following described property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Principal Meridian lying southerly of that part of Lot 1, Block 7, Shelard Park, Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 13 of 19 and in accordance with the following conditions: a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan; Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electrical and Walkway Plan Sheet E1; and Exhibit FFF, Elevation Plan Sheets A12, 13, 14 and 15. b. That on-street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers during the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property. e. That the parking ramp contain a minimum of 729 spaces. f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, driveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30. That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan; Exhibit KKK, West Elevation; Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan; Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 14 of 19 Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other materials. e. That access to the frontage road be allowed provided a right turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. f. That the developer understands that no on-street parking is to be allowed in Shelard Park and that it is the developer’s responsibility to make provision for off-street parking for the construction workers during development of the project. g. That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Park, at 301 Shelard Parkway is hereby permitted subject to the following conditions: a. Prior to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping originally proposed by the applicant in this subject request. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 15 of 19 d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended pursuant to Planning Case No. 92-37 SP to permit construction of a deck on the south end of the west side of the building at 500 Ford Road, subject to the following conditions (Amended by Condition 37 approved 7-21-03):: a. The site shall be developed, used and maintained in accordance with the previously approved Exhibits as amended by Exhibits XXX-A and ZZZ- A, such documents incorporated by reference herein. b. The plywood screen wall shall be stained to match the predominant color of the building. 35. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Drive within 60 days per approval of the Public Works Director and the City Attorney. 36. The special permit shall be amended on February 3, 2003 to incorporate all of the preceding conditions and add the following conditions: a. Exhibits CC, Typical Elevations and BB, Elevation Plan, as provided for in Condition No. 16 are amended as shown on Exhibit EE1-EE2. 37. The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions: A. For property at 450 Highway 169 1. The restaurant building shall be demolished and the basement filled with a material that meets with building code specifications to support a parking lot. 2. This site shall be stabilized with a sod within 15 days after the basement is filled. 3. The approved landscape plan shall be maintained. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 16 of 19 4. Assent form must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of demolition permit 2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit.. B. For property at 500 Ford Road 1. The site shall be used, developed and maintained in accordance with the official Exhibits: Exhibit AAAA – Survey, Exhibit XXX-B – Site Plan, Exhibit ZZZ-B – Elevations and Exhibit YYY-A- Landscape Plan. 2. Prior to any site work, applicant shall obtain a Watershed District permit, if required, and shall install required silt and tree protection fencing. 3. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: a. Sign assent from and revised official exhibits. b. Building material samples must be submitted to and approved by the Zoning Administrator prior to issuance of a building permit. c. Site lighting and irrigation plans shall be submitted and approved by the Zoning Administrator. d. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and tree replacement. e. Building permit plans shall include extension of the required sprinkler system into the addition and meet all other Code requirements. 4. The developer shall comply with the following conditions. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Use of the 1700 square foot addition approved by this amendment shall be limited to storage, parking of vehicles, and restroom. Other uses such as motor vehicle service/repair are not allowed. 6. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 17 of 19 C. For property at 300, 310, 320, 330, 340 and 350 Ford Road 1. Exhibit PA4 (Elevation) of Condition 26a may be modified to replace the prefinished siding (hardboard), stucco, and rough sawn cedar trim with high quality vinyl siding as approved by the building official and the zoning administrator. 2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk 03-04-CUP:N/res-ord St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 18 of 19 Excerpts Official Minutes - Planning Commission June 18, 2003 C. Case No. 03-25-CUP—Request by DEH Properties LLC for Major Amendment to an existing Special Permit for construction of a storage, parking and restroom addition to an existing office building at 500 Ford Road Planning Associate Julie Grove presented a staff report regarding the request of DEH Properties, LLC, for an amendment to construct a garage and storage addition of approximately 1,700 square feet. Ms. Grove said she received landscape plans on June 18, 2003, and the applicant is close to meeting the bufferyard requirements and some of the other requirements for the tree preservation plan. Ms. Grove is working with the applicant to meet those requirements. Ms. Grove stated that staff is recommending a condition that the plans would have to be submitted and approved by the Zoning Administrator prior to Council consideration. Ms. Grove said the fire department stated that the automatic fire sprinkler system would have to be extended into the addition, which would be a condition of approval. Commissioner Morris asked what this property is zoned, and Ms. Grove said it is commercial zoning. Commissioner Morris asked about vehicle maintenance or repair in this area. Ms. Grove responded that under a Special Permit the applicant may not have repairs, and she referred to condition 5, on page 3, of the staff report. Bill Rambo, Denny Hecker Automotive Group, said they are not seeking to do any repairs in the building, it is strictly for the owner’s cars and it would not be for long-term storage. Mr. Rambo added there will not be any signage and the deck will be removed. Mr. Rambo stated that the bufferyard D plan will be submitted to staff by the end of the week, and it will conform with staff’s specifications. Chair Robertson opened the public hearing. Gary Steffen, Holiday Inn West, 9970 Wayzata Blvd. asked where the addition will be located. Ms. Grove responded with the aid of a location map contained in the staff report. Chair Robertson closed the public hearing. In regard to recommendation 2 in the staff report, Chair Robertson asked if it is yet known if a Watershed District permit is required, and Ms. Grove said staff does not yet know if such a permit shall be required. It was moved by Commissioner Finkelstein to recommend approval of the Conditional Use Permit subject to conditions as recommended by staff. The motion passed 4-0. St. Louis Park City Council Agenda Item: 072103 - 8b - 500 ford rd SPmajamend Page 19 of 19 Location Map Shelard Park Wayzata Blvd Ford RoadClub Shelard Subject Site St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 1 of 25 8c. Request of Coach Homes of Shelard for a major amendment to an existing special permit to amend the exterior elevations for six-8-unit buildings in order to change exterior siding from stucco, cedar, and hardboard to vinyl and request for a variance from Section 36-36(d)(4) to allow an intensification of an existing non- conformity and to allow an amendment of a continued special permit that does not bring non-conformities into complete or greater compliance with current zoning codes for property located at 300, 310, 320, 330, 340, and 350 Ford Road. Case Nos. 03-33-CP and 03-34-VAR Coach Homes of Shelard is proposing to remove existing stucco, hardboard covered with prefinished metal, and cedar trim boards, repair rotted structural members, and reside the buildings using vinyl siding. Recommended Action: § Motion to approve resolution granting the proposed variance based upon findings indicated in the resolution. § Motion to approve resolution granting amendment to existing special permit with conditions indicated in the resolution. Background: A special permit approving construction of Coach Homes of Shelard was adopted by the City Council in April of 1979. The project consisted of six eight-unit buildings located at the southwest corner of Ford Road and Shelard Parkway. The exterior elevation exhibits that were approved at the time denoted brick, stucco, glass, and pre-finished siding as exterior building materials with rough sawn cedar trim. The pre-finished siding material was not specifically identified, but pre- finished hardboard was actually applied. Brick, stucco, and glass are all considered by the current zoning code to be class 1 materials. Pre-finished hardboard siding is not listed as an approvable building material in the current code. Wood, vinyl and pre-finished metal siding are Class 1 materials for residential use on buildings with 4 or fewer units only. As noted, Coach Homes has 8- unit buildings. In 1994, Coach Homes received a building permit to reside the portion of each of the six buildings. The contractor covered the existing hardboard with pre-finished metal. Also related to the case is that another condominium complex in Shelard recently resided their property with vinyl siding. The building permit application stated that the buildings involved were 4-unit buildings, but were actually 8-unit buildings. Generally, residing only requires a final inspection, so the size of the building was not questioned at the time, and vinyl is considered a Class 1 material for 4-unit buildings. Earlier this spring, the condominium association authorized a residing project without first obtaining a building permit. When the construction was discovered, a building permit application was submitted. The applicant was informed that the proposal to replace the stucco and pre-finished hardboard that was subsequently covered with metal with vinyl siding did not comply with the approved special permit for the property or with the architectural standards of the zoning code. Vinyl siding is allowed by zoning code only for residential buildings with 4 or fewer units. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 2 of 25 The applicant has indicated that there has been water damage to the structural elements of the buildings because water has penetrated under the wood trim, stucco, and hardboard siding. This was cause by improper installation and sealing around windows and other edges where the building materials changed. The zoning code allows for modifications and alterations to existing special permits that were approved under the previous zoning code provided that: § the modification or alteration meets the standards of the current zoning code, and § any existing non-conformities on the site be brought into greater or complete compliance with current codes to the extent reasonable and possible. The zoning code provisions for Class I materials require that at least 60 percent of each building face visible from off the site must be of class I materials and that if a building is not visible from off site, a greater portion of class II and class III materials can be used. The proposed building materials not only do not bring properties into greater compliance with current codes, but actually intensify an existing non-conformity. The proposed vinyl is not a class II or class III material either. A variance from these provisions is required before the special permit amendment can be approved adopting the proposed building elevations. The Planning Commission held a public hearing on July 2, 2003, and recommended approval of the variance and special permit amendment on a vote of 5-0. Site Data: Zoning: RC—Multi-Family Residential Comprehensive Plan RH—Residential High Density No. of Units 48 Building Size six 8-unit buildings Site Map: St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 3 of 25 Issues: § Does the proposal meet the requirements to amend the existing special permit? § Is the proposed variance to replace stucco with vinyl justified? § Is the proposal to replace hardboard with vinyl in keeping with the Comprehensive Plan and zoning code? Issue Analysis: § Does the proposal meet the requirements to amend the existing special permit? Section 36-36(d)(4) states that “Property covered by a continued special permit may be expanded, altered or modified, subject to all of the following: a. The expansion, alteration or modification shall comply in all respects with applicable provisions of this chapter, and such expansion or addition shall not result in an increase or intensification of any existing nonconformities, except in the C-1 district, where an existing building is located more than 20 feet from the front property line, building additions of up to 3,000 square feet of ground floor area may be constructed continuing the existing setback if a separate pedestrian access is provided between the building and the public street from all sides of the lot which front on a public right-of- way. b. Any nonconformities existing on the site shall be brought into greater or complete compliance with other provisions of this chapter to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions: 1. Lot area. 2. Lot width. 3. Required yards. 4. Building height. 5. Floor area ratio. 6. Ground floor area ratio. 7. Density. 8. Usable open space. The applicant is proposing to replace existing wood, hardboard, metal, and stucco exterior materials with vinyl siding. The existing hardboard is not currently permitted as an exterior building material. The existing wood and proposed vinyl are not permitted building materials for residential buildings with five or more units. The request for an amendment to the existing special permit to revise the exterior building elevations as proposed cannot be approved without a variance. The applicant is seeking a variance from these provisions. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 4 of 25 If the applicant were to amend the proposal and replace the stucco, which is a class 1 material, with either stucco or another class 1 material, one could argue that replacing hardboard with vinyl would not increase the existing non-conformity on the property. The zoning code lists vinyl as a class 1 material for residential building of 4 units or less, but does not allow hardboard as a building material for any building. Therefore, an interpretation can be made to allow vinyl to replace hardboard if the City Council believe it brings the building into greater compliance. However, the code is clear with regard to stucco versus vinyl. Stucco is a Class I material on all buildings and vinyl is not a Class I on buildings with 5 or more units. § Is the proposed variance to replace stucco with vinyl justified? State Statute and the zoning code allow the City to grant variances from the strict application of the provisions of the zoning code and to impose conditions and safeguards provided that certain criteria are met: The following is an analysis of those criteria. 1. Where by reason of narrowness, shallowness, or shape of the lot, or where by reason of exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot, the strict applications of the terms of this ordinance would result in a peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. The applicant has stated that the exceptional hardship is related to water damage to the structure of the buildings due to water leaking behind the current siding materials. The applicant also states that stucco has an unacceptable failure rate when installed according to state building code causing water and mold damage. The building official does not concur with the applicant’s statement. Stucco that is properly installed in three coats and properly caulked to insure a weatherproof installation is not considered an inferior product. However, the applicant is experiencing considerable cost to repair the damaged structure due to improper installation and caulking at the time of construction. Also, the unit cost to apply a small area of stucco is considerably higher than when applying to a larger area. The Planning Commission found that in addition to these higher costs, the area of the building where the stucco currently exists is not very visible from off site. The Planning Commission finds this criterion to be met. 2. Conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and so not apply generally to other land or structures in the district in which said land is located. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 5 of 25 The applicant states that the subject condominium project consists of 48 units in six buildings surrounded by large elevator equipped rental apartments to the west and south and busy streets, commercial buildings, and parking lots to the east and north so that the conditions do not apply generally to the other structures in the area. It is not unusual to have apartments and condominiums across from commercial development. In this case, the subject condominium project is adjacent to apartment buildings that are 100% brick buildings and class I office space with 100% Class I exterior materials. However, it is not typical that exterior building materials are applied improperly causing water damage that threatens the structural integrity of the buildings and requiring considerable investment to repair. The Planning Commission finds this criterion to be met. 3. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the granting of the variance will substantially allow the property owners to correct a serious flaw in their buildings and preserve the housing stock. The applicant also states that the requested vinyl siding was approved for use on other residential buildings in the City. The buildings are in need of repair in order to preserve them. Preservation of existing housing stock is a goal of the Comprehensive Plan. The Planning Commission considers this criterion met. 4. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Staff agrees with the applicant that the granting of the variance will not impair light and air to adjacent properties, increase congestion, increase the danger of fire, or endanger the public. Staff and the Planning Commission consider this criterion met. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair the established property values in the surrounding area, or in any other way impair the health, safety, comfort, or morals of the area. The applicant states that property values will increase when the project is completed. The Planning Commission found that the stucco that currently exists on the building is not very distinguishable from the street and that replacement of this material will not change its character and consequently will not impact the surrounding neighborhood. The Planning Commission considers this criterion met. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 6 of 25 6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan. The applicant argues that the intent of zoning is to ensure that the housing quality is sustainable and that their project will improve and maintain the housing stock. The provisions for allowing amendments to existing special permits that require greater compliance with current code requirements is to ensure that existing developments are upgraded to the existing standards of quality as adopted in the zoning code. Standards set for building materials are to promote a high standard of development through a comprehensive review of both functional and aesthetic aspects. A goal of the Comprehensive Plan states that existing housing should be well maintained. The improvement to the building will extend its life and continue to provide an asset to the neighborhood and community. The Planning Commission considers this criteria met. 7. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable undue hardship or difficulty. The applicant states that water damages were not expected and that the association’s cash reserves were inadequate to make necessary repairs and that this resulted in the need for special assessments. The applicant further states that vinyl is the cheaper alternative to any of the class I materials listed. An economic reason alone does not constitute a demonstrable undue hardship. However, due to the extent of damage to the structural elements of the buildings, the cost to reside the buildings is already exceedingly high. If the structural damage did not exist, the cost differences would be easier for residents to accommodate. Also, the economies of scale work against replacing the existing stucco with other class I materials. The Planning Commission considers this criterion to be met. The Planning Commission considers all of the seven criteria met and recommends approval of the variance request. § Is the proposal to replace hardboard with vinyl in keeping with the Comprehensive Plan and zoning code? The approved Special Permit for the subject property incorporated an elevation plan (see attached) that included brick, stucco, and prefinished siding (hardboard), with cedar trim. The original installation was improper, allowing for water to seep in behind the exterior materials and cause damage to the structural elements of the buildings. The Comprehensive Plan has a number of goals related to multi-family housing maintenance. These include goals about strengthening the City’s existing programs that encourage and complement private reinvestment. They also set aesthetic goals emphasizing quality remodeling. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 7 of 25 The purpose of the architectural design standards of the zoning code state that the public interest is served by promoting a high standard of development in the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified developments, the city seeks to accomplish: § Implement the Comprehensive Plan § Preserve the character of neighborhoods, commercial and industrial areas § Reasonably maintain and improve the City tax base The special permit was approved for this property prior to the adoption of the existing Comprehensive plan or zoning code. The zoning code is clear, however, that when changes are made to a property with an existing special permit, the standards of the current code should be implemented wherever possible. In the instance above, due to the existing condition of the building, replacing structural and water damaged materials in a method that will make the building sound is a goal of the Comprehensive Plan. A finding could be made that the proposal to replace existing hardboard with vinyl is a move toward a better material. It does not realize the ultimate intent of the architectural code that requires residential buildings with more than 4 units to be constructed using 60% class 1 materials and no vinyl. In any case, vinyl would not be approved for new construction. Recommendation: The Planning Commission recommends approval resolution granting the variance and the resolution amending the existing special permit with conditions. Attachments: Variance application Resolution Approved special permit building elevation Photo of proposed vinyl Excerpts - Planning Commission minutes 7/2/03 Prepared by: Judie Erickson, Planning Coordinator 952-924-2574 or email: jerickson@stlouispark.org Reviewed by: Tom Harmening, Community Development Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 8 of 25 VARIANCE RESOLUTION NO. 03- 092 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36--36(d)(4) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT AN INTENSIFICATION OF AN EXISTING NON-CONFORMITY AND TO ALLOW AN AMENDMENT OF A CONTINUED SPECIAL PERMIT THAT DOES NOT BRING NON-CONFORMITIES INTO COMPLETE OR GREATER COMPLIANCE WITH CURRENT ZONING CODES FOR PROPERTY LOCATED IN THE RC-MULTI-FAMILY RESIDENTIAL ZONING DISTRICT AT 300, 310, 320, 330, 340 and 350 FORD ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Coach Homes of Shelard, a condominium association, has applied for a variance from Section 36-36(d)(4) of the Ordinance Code relating to zoning to permit an intensification of an existing non-conformity and to allow an amendment of a continued special permit that does not bring non-conformities into complete or greater compliance with current zoning codes for property located in the RC-Multi-Family Residential Zoning District at the following location, to-wit: Lot 1, Block 3, Shelard Park (Condo No. 167 Coach Homes of Shelard) 2. On July 2, 2003, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance. 3. The Planning Commission has considered the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 9 of 25 7. The applicant is experiencing considerable cost to repair the damaged structure due to improper installation and caulking at the time of construction. The unit cost to apply a small area of stucco is considerably higher than when applying to a larger area. The Planning Commission found that in addition to these higher costs, the area of the building where the stucco currently exists is not very distinguishable from off site. 8. The contents of Planning Case File No. 03-34-VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 10. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to permit an intensification of an existing non-conformity and to allow an amendment of a continued special permit that does not bring non-conformities into complete or greater compliance with current zoning codes is granted based upon the finding(s) set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk 03-34-VAR:n/res-ord St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 10 of 25 RESOLUTION NO. 03 - 093 Amends and Restates Resolution Nos. 03-014, 02-103, 92-96, 7002, 6983, 6808, 6767 and 6633 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 03-014 ADOPTED ON FEBRUARY 3, 2003, AND GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A MINOR AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 450 HIGHWAY 169, A 1700 SQUARE FOOT ATTACHED GARAGE AND STORAGE ADDITION TO THE OFFICE BUILDING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL AT 500 FORD ROAD, AND AN AMENDMENT TO AN EXISTING SPECIAL PERMIT AT 300, 310, 320, 330, 340 and 350 FORD ROAD FINDINGS WHEREAS, WCB Properties has made an application to the City Council for a minor amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow the demolition of an existing single story restaurant building at 460 Highway 169, within a Office Zoning District and having the following legal description: Lot 2, Block 7, Shelard Park WHEREAS, Coach Homes of Shelard, a condominium association, has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow an amendment to an existing Special Permit at 300, 310, 320, 330, 340 and 350 Ford Road within a RC—Multi-Family Residential Zoning District having the following legal description: Lot 1, Block 3, Shelard Park (Condo No. 167 Coach Homes of Shelard) WHEREAS, DEH Properties, LLC, has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow A 1700 square foot attached garage and storage addition to the office building at 500 Ford Road within a C-2, General Commercial, Zoning District having the following legal description: That part of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies North of the following described line: Commencing at the most southwesterly corner of said Lot 1; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees, 20 minutes, 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 11 of 25 Subject to and together with a non-exclusive easement for ingress and egress described as follows: A strip of land 24.00 feet in width, which lies 11.00 feet to the North and 13.00 feet to the South of the following described line: Commencing at the most southwesterly corner of Lot 1, Block 6, SHELARD PARK, according to said plat on file and of record in the Office of County Recorder, Hennepin County, Minnesota; thence on an assumed bearing of North, along the west line of said Lot 1, a distance of 175.00 feet; thence North 19 degrees 20 minutes 00 seconds East, along said west line of Lot 1, a distance of 16.59 feet, to the point of beginning of the line to be hereinafter described; thence South 88 degrees, 57 minutes, 31 seconds East a distance of 280.99 feet, to the east line of said Lot 1 and there terminating. (Abstract) WHEREAS, this special permit covers all lots and blocks in Shelard Park, and WHEREAS, the City Council has considered the information related to Planning Case Nos. 70-48-SP, 80-63 SP, 81-100-SP, 92-37-SP, 02-55-CUP, 03-04-CUP, 03-25-CUP, 03-33-CUP, 03- 46-CUP, and the effects of the proposed demolition of a single story vacant restaurant building, the proposed garage and storage addition, and the proposed modifications to the exterior elevations on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special use permit was issued regarding the subject property pursuant to Resolution No. 6229 of the St. Louis Park City Council dated March 12, 1979 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 6300 of the St. Louis Park City Council dated July 9, 1979, which contained conditions applicable to said property, and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 03-014 of the St. Louis Park City Council dated February 3, 2003, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6229 and 6300 and amended by Resolution No. 03-014 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 12 of 25 WHEREAS, the contents of Planning Case Files 03-25-CUP, 03-33-CUP, and 03-46-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 03-014 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting modifications to the exterior elevations within the R-C Multi- Family Residential District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with the following exhibits; Exhibit A-1, General Site Plan; Exhibit B, Final Plat of Shelard Park, except as hereinafter modified. 2. The total number of dwelling units on Lot 1, Block 1; Lot 2, Block 2; Lots 1, 2 and 3, Block 3; Lot 1, Block 4; Lots 1 and 2, Block 5 shall not exceed 1508 units. The combined floor area ratio for these lots shall not exceed 1.2; the ground floor area ratio shall not exceed .2. Each dwelling unit shall be provided with 275 square feet of usable open space, 165.5 square feet per unit of which shall be provided by the 6.7 acre park. 3. All dwelling units shall be above the grade of any land within 25 feet of all faces of the building. 4. Curb cuts shall not be permitted within 150 feet of any intersection for properties in the B-2 District. 5. No curb cuts are permitted on the northerly property line of Lot 3, Block 8, unless a median strip is constructed in such a way to prohibit left turns. 6. Curb cuts shall not be permitted within 125 feet of any intersection for properties in the R-B District. 7. All electric, gas, sewer, telephone and water services shall be underground. 8. Driveway slopes at pedestrian ways shall not exceed a grade of 3 percent. 9. A parkway strip shall be constructed along the north side of Shelard Parkway to control access thereto until such time as there shall be an agreement between St. Louis Park and Plymouth for joint use, access, construction and maintenance thereof and until necessary street right-of-way in Plymouth is duly dedicated. No access to that portion of Shelard Parkway in St. Louis Park shall be permitted from Plymouth unless authorized by the City Council of the City of St. Louis Park. 10. At least one bus stop area shall be provided (if the City and MTC authorize the stop) and maintained on the north side of Highway 12 between Ford Road and Shelard Parkway until such time as the service road system is removed. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 13 of 25 11. All conveyance of any part or all lands within Shelard Park shall by covenant restrict the use of each lot to the use shown on the General Site Plan, Exhibit A-1, and the conditions of this special permit. 12. The perimeter of all parking lots, driveways, and internal roads shall have concrete curbing of the B-6 type, except at pedestrian ways. 13. Lot 3, Block 7, Shelard Park shall be developed, used and maintained in accordance with Exhibit G, Site Plan, Planting Plan; Exhibit I, Elevation Plan-North and East; Exhibit J, Lower Level Parking Plan; and Exhibit K, Drainage Plan except as hereafter modified and subject to the following conditions: (a) The Pedestrian ways within the parking areas as shown on Exhibit G shall be physically and clearly delineated through use of a surfacing material different than the adjacent parking area. (b) All improvements including landscaping, striping, surfacing, pedestrian ways, buildings, benches, sidewalks, etc., as indicated on the plan, shall be completed by December 31, 1970, or 30 days after receiving an occupancy permit, whichever occurs first. 14. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of said Lot 1, distance 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained in accordance with Exhibit L, Plot Plan; Exhibit M, Landscape Plan; Exhibit N, Drainage Plan; Exhibit O, South and East Elevation; Exhibit P, Basement Plan and Pool Building; except as hereinafter modified and subject to the following condition: (a) All improvements including landscaping, striping, surfacing, buildings, recreational facilities, and pedestrian ways as indicated on the plan shall be completed by June 15, 1972. 15. That part of Lots 1 and 2, Block 5, Shelard Park, Hennepin County, Minnesota, lying easterly of a line drawn from a point on the northerly line of said Lot 1, distant 32.5 feet easterly of the most westerly corner thereof to a point on the southerly line of said Lot 2, distant 32.5 feet westerly of the most easterly corner thereof shall be developed, used and maintained for a full 3-story, 126-unit apartment building in accordance with Exhibit S, Site Plan; Exhibit T, Landscape Plan; Exhibit U, West- North-East Elevation, Wing A; Exhibit V, South-North-West Elevation, Wing B; and Exhibit W, Grading Plan; except as hereinafter modified and subject to the following conditions: (a) Additional topographic mounds or other suitable treatment shall be included in the side yards area adjacent to Ford Road. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 14 of 25 (b) The area designated as an outdoor tennis court on the site plan shall be retained on the site and in addition an imaginative play space for the nursery school and the entire Shelard Park development shall be developed on the site to the east of the tennis courts. (c) All improvements including landscaping, striping, surfacing, concrete curbs, buildings, on-site recreational facilities and all other items on the exhibits shall be completed by June 10, 1972. 16. That Lot 1, Block 3, Shelard Park shall be developed, used and maintained for a 4- story, 186-unit apartment building in accordance with Exhibit X, Site Plan; Exhibit Y, Drainage Plan; Exhibit Z, Landscape Plan; Exhibit AA, View of Entry; Exhibit BB, Elevation Plan; and Exhibit CC, Typical Elevations; except as hereinafter modified and subject to the following conditions: (a) All improvements including landscaping, striping, surfacing, curbs, buildings, improvements of open space and other items on the Exhibits shall be completed by December 10, 1971. Exhibit Z, Landscape Plan is modified by Exhibit DD. Exhibits BB, Elevation Plan; and CC, Typical Elevations are modified by Exhibit EE. 17. Because Lot 1, Block 3, exceeds the agreed-upon units by two, Lot 1, Block 4, is hereby limited to 198 units instead of 200 units. 18. That Lot 2, Block 7, Shelard Park, Hennepin County, Minnesota, and that part of Lot 1, Block 7, Shelard Park, lying easterly of a line drawn from a point on the north line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the south line of said lot distant 68.97 feet westerly of the southeast corner of said lot shall be developed, used and maintained in accordance with Exhibit GG, Data Sheet; Exhibit HH, Landscape Plan; Exhibit II-JJ, Paving Plan/Grading Plan (Exhibits GG, HH, II-JJ, all dated June 26, 1980); Exhibit KK, West Elevation and East Elevation; Exhibit LL, North Elevation and South Elevation; Exhibit MM, Parking Staging Plan; Exhibit NN, Arcade/Restaurant Elevation Plan; Exhibit 00, Parking Ramp Floor Plans, pages 1-4; Exhibit PP, Office Floor Plans, pages 1-6; Exhibit QQ, Building Section, and subject to the following conditions: (a) All rooftop equipment shall be screened. (b) There shall be no outside storage of trash, storage containers, equipment, materials or similar items. (c) The reduction from the required off-street parking provision is hereby permitted for property included in this condition with the understanding that adequate off-street parking is the responsibility of the property owner and in no case will designated plaza or landscaped area as contained on the site plan be considered or used for parking. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 15 of 25 (d) The office tower shall be fully sprinkled throughout with an automatic wet system. (e) The staging of construction of building and parking facilities shall be in accordance with Exhibit MM, and all improvements on the site as shown on the exhibits and including the parking ramp, striping, fire lanes and the removal of temporary parking as shown on Exhibit MM shall be completed by November 1, 1975. Landscaping shall be completed by September 17, 1976. 19. That parking and directional signs be permitted in accordance with Exhibit UU, Parking/Directional Sign Sheet SS7; Exhibit VV, Parking/Directional Sign Sheet SS8; Exhibit WW, Sign Location Plan for Tower and Ramp, Sheet SS2; Exhibit XX, Sign Location Plan for Tower and Ramp, Sheet SS3; Exhibit YY, Sign Location Plan for Arcade, Sheet SS5; received May 9, 1975, with the following conditions: (a) The mounting height of parking and directional signs shall not exceed a mounting height, in the case of free-standing signs, of 42 inches, except for stop and yield signs. (b) The words “Bar-Restaurant” shall be added to the Hippogriff sign in place of the logo on Exhibit YY. (c) The bank sign shown on Exhibit WW shall be deleted. 20. That a motor fuel station be permitted at the southwest corner of the parking ramp on the first floor in accordance with the following conditions: (a) The Parking ramp shall be modified to contain the station in accordance with Exhibit ZZ, Tank and Vent Plan; and Exhibit AAA, Floor Plan. (b) There shall be no advertising signs or identification signs of the facility on the exterior of any of the buildings in Shelard Park, nor shall there be any free-standing sign in Shelard Park identifying or advertising this use, nor shall signs be located within the structure which shall be visible from the exterior of the building identifying or advertising the use. (c) The gasoline sales will be operated by General Mills Automotive Service Center in conjunction with their existing center at their home office. The facility will pump gasoline only and schedule cars to be taken out of Shelard Park for mechanical work. The service will be available to anyone who wishes to use it; it is not limited to Tower tenants or General Mills personnel. (d) Exterior vents, if any, shall be architecturally treated to be fully integrated with the architecture of the building, and such vents shall be screened from view to the extent possible. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 16 of 25 (e) All construction, including walls, automatic door closures, tank installation, access facilities to such tanks, and other features included in the exhibits shall be completed on or before June 30, 1976, after which time the site facilities shall be used and maintained as provided for in the special permit. 21. That the first floor of the office tower may be used for retail purposes up to 10,805 square feet, and that the second floor may be used for a Class III restaurant of 7,544 square feet in accordance with the following condition: (a) The floor area of the first and second floor may be used in accordance with Exhibit BBB, Request of Midwestern Finance, Inc. to amend Special Permit to allow certain retail and cafeteria uses in the Shelard Office Tower. 22. That the general plan for Shelard Park, Exhibit A, be amended to allow a hotel on Lot 1, Block 7, convenience retail on Lot 1, Block 6, and office and commercial use on Block 8 without convenience retail, if such convenience retail is provided on Lot 1, Block 6. 23. That Block 8 be developed, used, and maintained in accordance with Exhibit DDD, Building Location, Sheet P3; Exhibit EEE, Grading and Drainage Plan, Sheet P4; Exhibit FFF, Landscape Plan, Sheet P5; Exhibit GGG, Parking Plan, Sheet P6; Exhibit HHH, Lighting Plan, Sheet P7; and Exhibit III, Elevation Plans, Sheets P8, P9, P10, P11 and P12. (a) That the site contain no more than 12,000 square feet of retail space. (b) That all improvements, including buildings, parking, landscaping, pedestrian facilities, and other items as shown on the exhibits be completed by June 15, 1980. 24. Lot 1, Block 1, Shelard Park, shall be developed in accordance with the following conditions: (a) The site shall be developed, used, and maintained in accordance with Exhibit JJJ, Site Plan (dated October 25, 1978); Exhibit KKK, Grading and Topography Plan; Exhibit LLL, Landscape Plan; Exhibit MMM, Elevation Plan; Exhibit NNN, Unit Floor Plans; Exhibit 000, Garage Plans. (b) That all site work, including construction of buildings, parking, landscaping, pool garages, and other items as shown on the exhibits be completed by October 15, 1980. (c) That condition 10 of this resolution shall not apply to Lot 1, Block 1, Shelard Park. 25. A Class II restaurant shall be permitted on Lot 1, Block 6, Shelard Park in accordance with the following conditions: St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 17 of 25 (a) The site shall be developed, used and maintained in accordance with Exhibit PPP, Site Plan/Landscape Plan; Exhibit QQQ, Elevation Plans; and Exhibit RRR, Restaurant Floor Plans, except as amended by Exhibit SSS, Front Elevation and Exhibit TTT, Rear Elevation. (b) All improvements shown on the exhibits shall be completed by December 1, 1979. 26. A condominium development consisting of six buildings and a total of 48 units shall be permitted on Lot 3, Block 3, Shelard Park, in accordance with the following conditions: (a) That the site be developed, used, and maintained in accordance with Exhibit XXX, Site Plan, PA1; Exhibit YYY, Ground Floor Plan, PA2; Exhibit ZZZ, Upper Floor Plan, PA3; Exhibit AAAA, Elevations, PA4; and Exhibit WWW, Planting Plan. (Exhibit PA4 is modified by condition 38 approved 7- 21-03.) (b) That the trees proposed along the westerly lot line be in a separated area delineated by curbing and the base to be landscaped. (c) That provisions be provided for watering the sod and landscape features in the open-space areas by either providing outside water facilities adjacent to the building or some form of water supply to these areas. (d) That the trash container facilities be totally integrated with the architecture of the building and garages, and that such areas provide for total enclosures of such trash facilities. (e) That the street trees required under the subdivision ordinance be planted on or before November 1, 1979. (f) That all construction, building, landscaping, parking area, garages, and other elements contained on the exhibits be completed by June 15, 1980. 27. A condominium development consisting of 10 buildings and 80 total units shall be permitted on that part of Lot 1, Block 4, Shelard Park, lying northerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and there terminating. in accordance with the following conditions: St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 18 of 25 (a) That the site be developed, used and maintained in accordance with Exhibit A, Site Layout Plan; Exhibit B, Elevation (only); Exhibit C, Planting Plan; Exhibit D, Surfacing Plan. (b) That there shall be no outdoor trash storage. (c) That all construction and improvements be completed by October 15, 1981. 28. That the use on the northerly 185 feet of Lot 1, Block 6, is hereby amended by deleting convenience retail (as described in Condition No. 22) and allowing said property to be used for an office building containing a gross area of 14,068 square feet with the following conditions: (a) The subject site be developed, used, and maintained in accordance with Exhibits XXX-PL1, Building Location; YYY-L1, Planting Concept; and ZZZ-PL3, Elevations. (Amended by Condition 33 approved 7-21-03) (b) There be no outdoor storage of trash. (c) Concrete curbing be poured in place. (d) All construction of buildings, landscaping, curbing and striping be completed by May 15, 1982. 29. That a ten story office building containing 216,442 square feet, parking ramp, and skyway shall be permitted on the following described property: Lot 1, Block 7, Shelard Park, except that part thereof lying easterly of a line drawn from a point on the North line of said lot distant 64.51 feet westerly of the northeast corner of said lot to a point on the South line of said lot distant 68.97 feet westerly of the southeast corner of said lot, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota and That part of the east 10 rods of the West Half of the Northeast Quarter of Section 1, Township 117 North, Range 22 West of the 5th Principal Meridian lying southerly of that part of Lot 1, Block 7, Shelard Park, Hennepin County, Minnesota, which lies within said West Half; and lying northerly of a line drawn easterly from and perpendicular to the west line of said east 10 rods, from a point on said west line distant 36 feet southerly, as measured along said west line from the most westerly corner of said Lot 1, to the east line of said West Half and there terminating; all according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. and in accordance with the following conditions: St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 19 of 25 a. That the site be developed, used, and maintained in accordance with Exhibit AAA, Site Plan; Exhibit BBB, Topographic Survey Sheet L1; Exhibit CCC, Sheet L2, Grading and Drainage Plan; Exhibit DDD, Landscape Plan Sheet L3; and Exhibit EEE, Electrical and Walkway Plan Sheet E1; and Exhibit FFF, Elevation Plan Sheets A12, 13, 14 and 15. b. That on-street parking on the east side of Ford Road be eliminated. c. That the developer make provision for off-street parking for construction workers during the construction of subject property. d. That an easement be provided, if necessary, to accommodate a transit stop and plaza on Ford Road adjacent to the subject property. e. That the parking ramp contain a minimum of 729 spaces. f. That all improvements, as shown on the exhibits and including, but not limited to, office building, parking ramp, driveway and walkway improvements, plaza, landscaping, and lighting be completed by October 15, 1982. 30. That a thirteen story hotel with a maximum of 309 rooms, a Class I Restaurant and meeting rooms be permitted on the following described property: Lot 2, and that part of Lot 1 lying southerly of a line and its extensions, said line is described as follows: Commencing at the southeast corner of said Lot 1; thence North 15 degrees 00 minutes 00 seconds West 140.00 feet, along the easterly line of said Lot 1, to the beginning of the line to be described; thence South 80 degrees 23 minutes 33 seconds West 558.49 feet to the westerly line of said Lot 1, and thence terminating. All in Block 4, Shelard Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. and in accordance with the following conditions: a. That the site be developed, used and maintained in accordance with Exhibit GGG, Site Plan; Exhibit HHH, First Floor Plan; Exhibit III, Second Floor Plan; Exhibit JJJ, Typical Upper Floor Plan; Exhibit KKK, West Elevation; Exhibit LLL, South Elevation; Exhibit MMM, North Elevation; Exhibit NNN, East Elevation; Exhibit 000, Landscape Plan; Exhibit PPP, Landscape Plan/Shelard Parkway (with respect to Exhibit PPP, developers, owners and their successors of the Hilton Hotel are responsible for construction, planting, and maintenance and with the option of mixing the percentage of Colorado Spruce and Black Hills Spruce); Exhibit QQQ, Utility, Drainage and Water Augmentation Plan; Exhibit RRR, Sign Plan, South Elevation (with respect to Hilton sign and logo only); and Exhibit SSS (1-4), Lighting. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 20 of 25 Exhibits HHH, III, and JJJ are to show the general layouts with minor modifications allowed but not to increase the total number of units, total net square footage in the restaurant, lounge or disco area, or the meeting rooms. b. That the maximum number of rooms not be greater than 309; that the restaurant and lounge contain no more than 7,898 square feet of floor area; and that there be no more than 12,602 square feet in meeting rooms. c. That all outdoor parking lot lights mounted higher than eight feet off the ground be directed perpendicular to the ground. d. That there be no outside storage of trash or other materials. e. That access to the frontage road be allowed provided a right turn lane extending at least 100 feet to the east of said access is constructed and provided the City is not required to pay or incur any cost for said access. f. That the developer understands that no on-street parking is to be allowed in Shelard Park and that it is the developer’s responsibility to make provision for off-street parking for the construction workers during development of the project. g. That all improvements including buildings, parking lot, walkways, landscaping and fencing be completed by October 15, 1983. 31. Use of Lot 1, Block 6, as provided for in Condition No. 28, is hereby amended to permit construction of rooftop equipment as shown on Exhibit ZZZ-PL-4, Elevations. 32. Extension of the westerly parking lot with a 186 unit apartment building located on Lot 1, Block 3, Shelard Park, at 301 Shelard Parkway is hereby permitted subject to the following conditions: a. Prior to construction, a survey be made of this area identifying lot lines to insure the proposed expansion is consistent with plans and does not extend into public park. b. All drainage from the expansion be to the existing storm sewer system in the parking lot. c. That at least eight Colorado Blue Spruce be planted along the westerly, southerly, and southeasterly sides of the proposed expansion in addition to the landscaping originally proposed by the applicant in this subject request. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 21 of 25 d. The applicant conform to previously approved plans for the subject property by May 15, 1982 or submit an amendment to such plans by March 1, 1982 which, if approved by the City, would supersede the previous plan. e. That the expansion of parking lot and new landscaping adjacent to the expanded parking lot be completed by May 15, 1982. 33. The special permit shall be amended pursuant to Planning Case No. 92-37 SP to permit construction of a deck on the south end of the west side of the building at 500 Ford Road, subject to the following conditions (Amended by Condition 37 approved 7-21-03):: a. The site shall be developed, used and maintained in accordance with the previously approved Exhibits as amended by Exhibits XXX-A and ZZZ-A, such documents incorporated by reference herein. b. The plywood screen wall shall be stained to match the predominant color of the building. 35. The special permit shall be amended on October 7, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits per condition 16, including Exhibit DD, the revised Landscape Plan as approved by the Zoning Administrator. b. The applicant dedicate a permanent easement for sidewalk installation at the corner of Shelard Parkway and Betty Crocker Drive within 60 days per approval of the Public Works Director and the City Attorney. 36. The special permit shall be amended on February 3, 2003 to incorporate all of the preceding conditions and add the following conditions: a. Exhibits CC, Typical Elevations and BB, Elevation Plan, as provided for in Condition No. 16 are amended as shown on Exhibit EE1-EE2. 37. The special permit shall be amended on July 21, 2003 to incorporate all of the preceding conditions and add the following conditions: A. For property at 450 Highway 169 1. The restaurant building shall be demolished and the basement filled with a material that meets with building code specifications to support a parking lot. 2. This site shall be stabilized with a sod within 15 days after the basement is filled. 3. The approved landscape plan shall be maintained. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 22 of 25 4. Assent form must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of demolition permit2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit.. B. For property at 500 Ford Road 1. The site shall be used, developed and maintained in accordance with the official Exhibits: Exhibit AAAA – Survey, Exhibit XXX-B – Site Plan, Exhibit ZZZ-B – Elevations and Exhibit YYY-A- Landscape Plan. 2. Prior to any site work, applicant shall obtain a Watershed District permit, if required, and shall install required silt and tree protection fencing. 3. Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: a. Sign assent from and revised official exhibits. b. Building material samples must be submitted to and approved by the Zoning Administrator prior to issuance of a building permit. c. Site lighting and irrigation plans shall be submitted and approved by the Zoning Administrator. d. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping and tree replacement. e. Building permit plans shall include extension of the required sprinkler system into the addition and meet all other Code requirements. 4. The developer shall comply with the following conditions. a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Use of the 1700 square foot addition approved by this amendment shall be limited to storage, parking of vehicles, and restroom. Other uses such as motor vehicle service/repair are not allowed. 6. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. 7. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. C. For property at 300, 310, 320, 330, 340 and 350 Ford Road St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 23 of 25 1. Exhibit PA4 (Elevation) of Condition 26a may be modified to replace the prefinished siding (hardboard), stucco, and rough sawn cedar trim with high quality vinyl siding as approved by the building official and the zoning administrator. 2. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the special use permit is granted is removed. Reviewed for Administration: Adopted by the City Council July 21, 2003 City Manager Mayor Attest: City Clerk 03-04-CUP:N/res-ord St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 24 of 25 Excerpts Official Minutes Planning Commission - July 2, 2003 B. Case Nos. 03-33-CUP and 03-34-VAR--Request of Coach Homes of Shelard for a major amendment to an existing special permit to amend the exterior elevations in order to change exterior siding from stucco and hardboard to vinyl and request for a variance from Section 36-36(d)(4) to allow an intensification of an existing non-conformity and to allow an amendment of a continued special permit that does not bring non- conformities into complete or greater compliance with current zoning codes for property located at 300, 310, 320, 330, 340, and 350 Ford Road. Ms. Erickson presented a staff report. Commissioner Gothberg asked if stucco is a Class I material, and why is Coach Homes requesting to use vinyl siding? Ms. Erickson said that the applicant has had a problem with the stucco, but if stucco is properly applied, there are no problems with it. Scott Bailey, Coach Homes property manager, said all stucco must be removed, and the residents cannot afford to continue to allow their buildings to deteriorate nor can they afford some of the Class I materials that the City has proposed for this particular area. Mr. Bailey said each unit has been assessed for $12,000 and that money is in the bank. Mr. Bailey said stucco would cost an additional $50,000-60,000 more for these 48 homes, i.e., to put 900 square feet of stucco on each of the six, 8-unit buildings. John Russo, construction consultant from CCI, discussed various materials in general, and vinyl siding and stucco in particular. Michael Selbitschka, Reynold’s Building Products, discussed vinyl siding, stating it was warranted. Commissioner Morris inquired that the warranty is only for material and not improper installation, and Mr. Selbitschka responded that is correct. Barbara Fishman, 340 Ford Road, #8, said stucco is expensive, and Coach Homes is ready to go forward with the vinyl. When polled by Commissioner Finkelstein, no resident present at the meeting voiced opposition to the use of the vinyl siding. Ms. Fishman said the cost of the stucco would be a hardship, and they would like a new look. The Chair acknowledged that Commissioners did receive copies of an e-mail from Sue Davis, resident and a board member of Coach Homes, expressing her desire for approval of vinyl siding. Chair Robertson closed the public hearing. St. Louis Park City Council Agenda Item: 072103 - 8c - Coach Homes Shelard permit Page 25 of 25 Commissioner Gothberg suggested granting a variance for purposes of a trial run on the 050 vinyl material relative to durability, performance, and aesthetics. He said that would allow for a trial on 050 and 040 to determine their suitability. Also, Commissioner Gothberg recommended taking a close look at the entire stucco issue relative to it being allowed as a Class I material; vinyl has improved and stucco problems have increased. Chair Robertson said that a review of the Architectural Code relative to vinyl may be warranted. Commissioner Morris spoke about the City's vision to retain and improve existing housing stock. He stated that the problem here was defective workmanship when this project was developed and that has become a hardship to the current owners. The Comp Plan goals are to improve and maintain housing stock. Ms. Jeremiah said to run a variance on a trial basis would require staff to consult with the City Attorney. She explained that variance findings need to be tied to the land; which is staff's difficulty in recommending the variance. Commissioner Finkelstein would like to make a motion to approve the variance given the unique nature to the land that much of the stucco was not visible and the background of this subject property and structures on it. Chair Robertson said recommendation for variance approval needed more substantiation. He does not agree that stucco is a bad product. Commissioner Gothberg moved to approve the major amendment and the variance based on the fact that the stucco portion is not visible in normal observation and, therefore, with the brick remaining, the stucco can be replaced with vinyl; and moved that staff recommend that vinyl can replace the original hardboard designation. Commissioner Finkelstein withdrew his motion, and seconded Commissioner Gothberg’s motion. The motion passed 5-0.