The URL can be used to link to this page

Home My WebLink About2003/09/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 15, 2003 7:30 p.m. 7:00 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Evergreen Awards Awards to be presented to Elmo & Jane Plumhoff, Janice Richie, Sylvia Kubes, and William Osmundson. 3. Approval of Minutes a. City Council Minutes of September 2, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing to consider resolution authorizing gambling premises permit for the Community Charities of Minnesota to operate at Park Tavern Lounge and Lanes located at 3401 Louisiana Ave S Document Recommended Action: Motion to close public hearing. Motion to approve the resolution granting the permit. 6b. Public Hearing Park Nicollet Private Activity Revenue Bond Sale Document Public Hearing to consider issuing Private Activity Revenue Bonds Bonds on behalf of Park Nicollet Health Services for the purpose of refunding outstanding debt and issuing new debt to constructing a heart and vascular center. Recommen ded Action: Mayor to close public hearing. 1. Motion to adopt a a resolution authorizing the issuance, sale, and delivery of revenue refunding bonds. 2. Motion to adopt a resolution authorizing the issuance, sale, and delivery of revenue bonds 6c. Public Hearing - Edgewood Tax Increment Finance District Document This report considers a resolution establishing the Edgewood Tax Increment Financing District (a soils condition district) within Redevelopment Project No. 1. Recommended Action: Motion to close public hearing. Motion to adopt the resolution modifying Redevelopment Project No. 1 and establishing the Edgewood Tax Increment Financing District and adopting a Tax Increment Financing Plan therefor. 7. Requests, Petitions, and Communications from the Public – None 7a. First Reading of an Ordinance amending Ordinance No. 2097 of the St. Louis Park Code of Ordinances relating to Snow Removal Parking Restrictions, revising effective accumulation depth, restricted parking hours, and parking enforcement procedures Document Recommended Action: Motion to approve First Reading of proposed Ordinance Code text amendments related to Snow Removal Parking Restrictions and set Second Reading for October 7, 2003. 7b. Environmental Assessment Worksheet (EAW) and Authorization to Advertise for Bids for the Lamplighter Pond Flood Improvement Project, City Project No. 00-18 Document Recommended Action: Motion to adopt the attached resolution approving the EAW, finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW. Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of the flood improvement project. 7c. Request of SLP Motors, LLC for a Final PUD to redevelop the Win Stephen Buick Pontiac property for Westside Volkswagen 2370 and 2440 State Highway 100 S Case Nos. 03-14-PUD Document Final PUD to allow the redevelopment of an automobile dealership, including replacing the building at 2370 TH 100, remodel the building at 2440 TH 100 and add a parking ramp at 2440 TH 100 deferred from September 2, 2003. Recommend ed Action: Motion to adopt resolution approving Final PUD subject to the conditions in the resolution. 7d. The request of City of St. Louis Park for Conditional Use Permits for the excavation of approximately 990 cubic yards of soil from Wolfe Park open space west of the Rec. Center for the creation of a skate park and for placement of 990 cubic yards of fill on Shelard Park to correct settling. Case Nos. 03-52-CUP & 03-55-CUP 3700 Monterey Drive & 390 Ford Road Document Recommended Action: • Motion to adopt a resolution approving the Conditional Use Permit for the excavation of soil at Wolfe Park subject to conditions included in the resolution. • Motion to adopt a resolution approving the Conditional Use Permit for the placement of soil at Shelard Park subject to conditions included in the resolution. 7e. Request of TOLD Development Company for Final Plat approval for Park Commons East 2nd Addition and an Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits. Document Case Nos. 03-19-PUD and 03-20-S Phase NE: Outlots D and E, Park Commons East (northeast corner of Park Commons Drive and Grand Way). Recommended Action: 1) Motion to adopt a resolution approving the Final Plat for Park Commons East 2nd Addition subject to the conditions in the resolution. 2) Motion to adopt a resolution approving amendments to the Park Commons East PUD granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits subject to the conditions in the resolution. 8. Resolutions, Ordinances, Motions 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 SEPTEMBER 15, 2003 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager Document 4b Motion to approve the Second Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001 Document 4c Motion to designate Hulegaard Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $125,000.00 for Storm Water Flood Improvements in Area No. 1 (Runnymeade Lane) and Area #9 (5801 & 5737 W. 25 ½ Street) – City Project Nos. 00-03 & 03-05 Document 4d Traffic Study No. 583: Motion to adopt the attached resolution authorizing the installation of one-hour parking restrictions on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150 feet north of Excelsior Boulevard. Document 4e Traffic Study No. 584: Motion to adopt the attached resolution authorizing the installation of parking restrictions on the north side of the North Frontage Road of Highway 7 a distance of 10 feet centered on the outwalk to 4310 Highway 7. Document 4f Motion to approve the contract with Three Rivers Park District, formerly Hennepin Parks, to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park Document 4g Motion to authorize the Mayor and City Manager to execute the Contract and Declaration of Covenants for the Maintenance and Operation of Excelsior & Grand Public Improvements Document 4h Motion to accept for filing the minutes of the Board of Zoning Appeals of July 24, 2003 Document 4i Motion to accept for filing the minutes of the Planning Commission for August 20, 2003 Document 4j Motion to accept for filing the Housing Authority Minutes of August 13, 2003 Document 4k Motion to waive reading of resolutions and ordinances 4l Motion to accept vendor claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING September 15, 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: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 1 of 9 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 2, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:32 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); Director of Finance (Ms. McGann); Director of Public Works (Mr. Rardin); Public Works Coordinator (Mr. Merkley); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms. Erickson); Police Chief (Mr. Luse); Police Captain (Mr. Ortner); and Recording Secretary (Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council minutes of August 18, 2003 The minutes were approved as presented. 3b. City Council Study Session minutes of August 11, 2003 The minutes were approved with the following change: From Councilmember Basill: Page 1, item 3, add the following: The bond issue for Methodist Hospital shall be conditioned upon a final PUD approval. City Manager Charlie Meyer made the following clarification: The intent was that the private activity revenue bonds would be authorized for issuance but the proceeds of the bond sale would not be released, under agreement with the City, until after final PUD approval. Mr. Meyer said the bonds can be issued but the proceeds would be locked in escrow. 3c. City Council Study Session minutes of August 25, 2003 The minutes were approved with the following change: From Councilmember Sanger: Page 1, upper right header, change August 10, 2003 to August 25, 2003. 4. Approval of Agenda and Items on Consent Calendar St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 2 of 9 NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve second reading and Ordinance No. 2250-03 amending St. Louis Park Ordinance Code (Zoning) relating to creating consistency, clarifying and amending standards for permanent, temporary and canopy/awning signs, sign permitting requirements, and approved sign plans; approve summary ordinance and authorize publication. Case Nos. 03-24-ZA 4b. Accept withdrawal of Carlson Restaurants Worldwide application for a variance to the sign ordinance to increase the maximum allowable square footage of signage and number of pylon signs for the property 4c. Approve Resolution No. 03-113 accepting work on Contract sealcoating for Allied Blacktop City Project No. 03-08, Contract No. 76-03 4d. Authorize execution of a Contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon (GAC) in the amount of $52,400 4e. Approve Resolution No. 03-114 requesting cooperation from Hennepin County in researching feasibility of county operated Dispatch Services for the City of St. Louis Park 4f. Approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District to sweep ten (10) local streets in the Spring and Fall of each year 4g. Accept for filing Planning Commission Minutes of August 6, 2003 4h. Accept for filing Vendor Claims of 8/27/03 (Supplement) It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 7-0. Councilmember Brimeyer requested the Council be kept informed of the status of Dispatch Services. See Item 9 for additional information. 5. Boards and Commissions: None 6. Public Hearings: None St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 3 of 9 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Resolution authorizing an HRA levy. Resolution No. 03-107 See the EDA minutes of September 2, 2003, Item 7b, for discussion regarding the HRA levy. Finance Director Jean McGann said she has no additional information on this item. It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Resolution No. 03-107 setting HRA levy for 2004. The motion passed 7-0. 8b. Approve preliminary 2004 property tax levy, budget for the 2004 fiscal year, revisions to the 2003 adopted budget, and set Public Hearing date for on proposed budget and property tax levy. Resolution No. 03-108 Ms. McGann said every year the Council is required to certify to the County by September 15th what the preliminary tax levy will be for the following year. A total levy of $16,323,715 is being proposed. Ms. McGann said Staff is requesting the Council levy the maximum amount allowed by the State, and it would include the 60% levy of the lost local government aid, which amounts to about 1.2 million dollars. Ms. McGann said the property tax levy that is set tonight cannot be increased prior to final adoption at the second meeting in December, however, the Council may chose to decrease the amount of the levy. Councilmember Brimeyer inquired that the market value homestead credit (MVHC) is dedicated, and Ms. McGann replied yes. Councilmember Brimeyer said it is very important that the City get the budget message out to residents. Councilmember Sanger said although the tax levy will increase, the City’s revenue will be decreasing because of having lost more than two million dollars a year in local government aid from the State, and the City is making up only a portion of the lost aid; overall, the City is still behind from where it was last year. Councilmember Brimeyer agreed. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt Resolution No. 03-108 establishing the preliminary tax levy and budget for 2004, approves revisions to the 2003 adopted budget and sets public hearing date for proposed budget and property tax levy. The motion passed 7-0. St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 4 of 9 8c. 2nd Reading of an Ordinance amending Chapter 22 of the St. Louis Park Code of Ordinances relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, and yard waste as well as for composting for residential properties. Ordinance No. 2249-03 Public Works Coordinator Scott Merkley listed the following revision: Carts must be stored no closer than four feet from an interior property line during non-collection hours. As requested by Councilmember Sanger, Mr. Merkley listed some of the major changes to the ordinance: time limit is placed on containers being out during the collection period; additional requirements for composting; restricting dumpsters from roadways; use of recycling bins for recycling; cart lids are to be kept closed at all times; recycling bins are to be stored inside during non-collection times; require containers to be stored at ground level; required yard waste containers to weigh no more than 40 pounds; eliminate the restriction that the maximum container size be 30 gallons; prohibition on placing containers in the street, sidewalk, or alley during collection time; and allow greater flexibility for absent residents, i.e., extended absence credit after four weeks. Sean McDonnell, 2326 Rhode Island Avenue South, said his appearance tonight was prompted by an email he sent to the Council earlier today in regard to the storage of carts at residential properties. Mr. McDonnell said the City might be best served if an incentive were to be offered to residents to have carts that best fit in a proper storage area, namely, in a garage. Most garages are not large enough to accommodate the larger carts and a vehicle. Mr. McDonnell suggested the City offer a second 30-gallon cart, at no charge, because one 60-gallon cart would be too large. Councilmember Velick suggested the Council discuss Mr. McDonnell’s concern at a Study Session, and Councilmember Omodt agreed. Councilmember Omodt expressed a strong preference that carts be kept in garages. Councilmember Sanger has mixed feelings, and she suggested more recycling be done to minimize the need for larger or multiple carts, and if that is not feasible, then store carts outside as per the ordinance requirements. Councilmember Sanger does not want to undermine the entire pay structure and cost estimates that have been done thus far. Mr. Merkley said that Mr. McDonnell could pay a one-time additional fee of $40.00 for a second 30-gallon cart and pay for 60-gallon service. Councilmember Sanger suggested passing the ordinance as stated tonight with the restriction that no carts are allowed within a four-foot setback to an adjoining property line; she added that the Planning Commission is currently studying the issue of four-foot setback requirements. Councilmember Sanger said do retain the requirement that no carts are to be allowed in front yards. St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 5 of 9 Councilmember Omodt asked if when a bid was made for carts, did it include a turn back or rebate provision. Mr. Merkley said Waste Management will purchase unused, excess carts. Councilmember Omodt said if there is slack in the cart inventory already, let the slack be the answer, and give homeowners flexibility to promote cart storage in garages. Councilmember Omodt thinks an additional charge for a second cart, as in Mr. McDonnell’s case, would be unfair. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to Approve Second Reading of Proposed Amendments to Chapter 22 of St. Louis Park Ordinance Code relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, yard waste, and composting, adopt Ordinance No. 2249-03, approve summary, and authorize publication. The motion passed 7-0. 8d. Request of the Edgewood Investors for a Conditional Use Permit for the excavation of approximately 13,000 cubic yards of contaminated soil and processing waste and backfill of approximately 13,000 cubic yards of imported soil on Industrial Property located at 2401 Edgewood Ave Case No. 03-47-CUP, 2401 Edgewood Ave. Resolution No. 03-109 Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. Councilmember Velick is concerned about noise from the site on nearby school children, now that school has started. The Applicant said the demolition has been completed and most of the clean up should be done with two weeks, and the noisiest part of the project is done. It was moved by Councilmember Velick, seconded by Councilmember Omodt, to adopt Resolution No. 03-109 approving the Conditional Use Permit subject to conditions listed in the resolution. The motion passed 7-0. 8e. Request of SLP Motors, LLC for a Final PUD to redevelop the Win Stephen Buick Pontiac property for Westside Volkswagen 2370 and 2440 State Highway 100 S. Case Nos. 03-14-PUD, 2370 and 2440 St Hwy 100 Planning Coordinator Judie Erickson presented a Staff report. The final PUD is to allow the redevelopment of an automobile dealership, including replacing the building at 2370 TH 100, remodel the building at 2440 TH 100, and add a parking ramp at 2440 TH 100. Ms. Erickson said the Applicant is requesting changes to better accommodate phasing, i.e., the crosswalk relocation (and Staff will work with the Applicant on that); and the Applicant does not want to remove all of the signs on the south site, which are currently nonconforming (and Staff does not necessarily agree with that). St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 6 of 9 Ward Johnson, 2200 South Hill Lane, is concerned about the intrusiveness of the public address system, which he can hear at his residence three blocks from the site, and he requests that no outdoor speakers be used. Mr. Johnson asked about lighting for the parking lot. Mr. Johnson asked about a light pole being adjusted so that it is just below the highway level, it currently presents a driving hazard for drivers on southbound Highway 100 who are exiting onto the Win Stephens exit. Ms. Erickson said speaker systems are strictly prohibited, and a lighting plan has been submitted. Ms. Erickson said at the property line the level of lighting must be at one foot candle, which their lighting plan shows. Tim O’Dougherty, Luther Automotive Group, said if the light pole belongs to Luther, they would be happy to take it down. Peter Beck, 33 South Sixth Street, Minneapolis, said the new project will comply with all of the City’s current standards for the operation of a dealership including the public communications systems and the lighting. Mr. Beck said they do not want to mobilize twice on the south side and, as a matter of phasing, they are asking if they can stay on the south side while construction is being done on the north. Mr. Beck listed four changes the Applicant is requesting to Staff’s conditions. First change: on page 13 of the Staff report, 4d, Mr. Beck said the Applicant has not yet gotten to the final design of the parking ramp and the Applicant would like for the second sentence to read: These shall include lighting plans and details for the roof of the parking ramp, which shall be submitted before the building permit for the parking ram is issued. Second change: page 13, item 4e, change Remove all non-conforming signs from the PUD site to Remove all non-conforming signs from the 2370 property, the north property. Non-conforming signs shall be removed on the 2440 property, south parcel, prior to the issuance of a building permit for any construction on that property. Third and fourth changes: page 13, item 4f, add the following to item 4f: prior to issuance of a building permit. Mr. Beck said City Staff is still trying to decide where Luther should locate the pedestrian crossing, and he requested that language be moved back to condition 6c, page 14 of the Staff report, to state: The Applicant shall be required to install a pedestrian crossing as directed by City Staff prior to Luther receiving a Certificate of Occupancy for the north site. Councilmember Sanger asked where vehicles will be parked while Luther is operational on the north side? Mr. O’Dougherty said most likely cars will be stored a a Luther location in downtown Minneapolis, and no employee or customer vehicles would be found in the adjacent neighborhood. St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 7 of 9 Councilmember Sanger said it would be helpful to put an end date by which all phases need to be completed so that all can be taken care of, and Mr. Beck responded that would be no problem. Councilmember Sanger said perhaps the Certificate of Occupancy could expire on December 31, 2004. Councilmember Brimeyer wants to make sure the Applicant does not object to the irrevocable Letter of Credit, whatever that amount would be. Ms. Jeremiah said Staff has assumed that the Letter of Credit would cover the parking ramp, and Staff has concern that the parking ramp may not be built due to its great expense. Mr. O’Dougherty said the Applicant may ask for a six-month extension due to unforeseen labor or weather conditions. City Attorney Tom Scott said he is not fond of a temporary Certificate of Occupancy, and to revoke one would be an impractical means of enforcement; the building permit stage is the stage at which to address issues. Councilmember Brimeyer said the dollar amount stated in the Letter of Credit must be substantial enough that the Applicant cannot walk away from it. Mr. Beck asked if rather than incur a fee for a Letter of Credit that goes to a third party, is there a number, a deposit that Luther could submit with the City that could be held until the parking ramp is ready for a Certificate of Occupancy and then returned? Councilmember Brimeyer replied, sure, but we have to sign off on it before it is returned. Mayor Jacobs said Staff and the Applicant can discuss it in detail later. Mr. Beck replied they find that “totally acceptable.” Councilmember Sanger suggested to ask the Applicant to work out with Staff all the details, i.e., to revise language and to be clear on the ground rules for phasing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to defer this item for two weeks until the next Council meeting and, in the interim, Staff and the Applicant work out the details as discussed tonight, and bring back for a final vote then. The motion passed 7-0. 8f. Request of Methodist Hospital for a Preliminary PUD to allow a phased expansion, 6700 Excelsior Blvd. Case No 03-44-PUD, 6700 Excelsior Blvd. Resolution No. 03-110 Ms. Jeremiah presented a Staff report. St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 8 of 9 Randy Manthey, 3979 Dakota Avenue South, addressed the Council. Mr. Manthey said about 1/3 of the Methodist Hospital site is un-buildable because of the wetland area, however, the campus can build to an intensity as if the wetland were a buildable area. Mr. Manthey said the neighborhood is asking for site lighting rather than just a photometric plan; wants a narrative to be included with that; principals need to be in place to guide Phase II and to transcend people; in a position now for the north and south halves to have equal entrances; lighting is a huge issue; the Excelsior Blvd. crossing is dangerous and needs to be addressed; and the parking structure should look attractive. Duane Spiegle, Park Nicollet, 6500 Excelsior Blvd., thanked everyone for their contributions to the project thus far. Mr. Manthey spoke again, and he asked: At what point in time do we look at the allowed floor area ratio development based on the wetland versus the level of intensity on the buildable land, and do you put a cap on it to protect the neighborhood? Councilmember Basill commented that there has been a lot of give and take throughout the process and some things must be determined prior to the final PUD; and given what has been proposed thus far, improvements will follow for both the hospital and the neighborhood. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No.03-110 approving the Preliminary PUD, subject to the conditions included in the resolution. The motion passed 7-0. 8g. Resolution establishing city policy regarding dangerous weapons on city property and Resolution requesting legislature to amend the MN Personal Protection Act. Resolution No. 03-111 Mr. Meyer said this item requires two motions. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-111 relating to public safety by prohibiting dangerous weapons on city property. The motion passed 7-0 It was moved by Councilmember Sanger, seconded by Councilmember Velick, to adopt Resolution No. 03-112 supporting an amendment to the 2003 Minnesota Personal Protection Act. The motion passed 7-0. St. Louis Park City Council Agenda Item: 091503 - 3a - City Council Minutes of Sept. 2, 2003 Page 9 of 9 9. Communications From the City Manager: Mr. Meyer reported on a study initiated by the City of St. Louis Park. The purpose of the study is to determine what is feasible as far as consolidating dispatch centers. Mr. Meyer said it is recognized that the City cannot stand alone anymore. As requested by Councilmember Brimeyer, Mr. Meyer will distribute the objectives of the study to the Council. From the Mayor: Mayor Jacobs welcomed all students back to school. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:55 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 1 of 9 4a. Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. Background Liquor sting operations were conducted by the St. Louis Park Police Department on June 30th and July 7th of this year. Under the direction of Police officers, a 19-year-old male attempted to purchase alcoholic beverages at licensed establishments throughout the city. Fourteen establishments were shopped, eight of which sold liquor to the minor. Citations were issued in each case and have been forwarded to Hennepin County District Court for consideration of criminal penalties. Administrative Process Administrative hearings were held to consider six of the violations. At those hearings the City Manager and Captain Mark Ortner reviewed each violation in detail and discussed preventive measures that could be taken to ensure that future violations do not occur. At the end of each hearing a fine was set. All license holders attending the hearings signed stipulations agreeing to the facts of their case and to accept the fine imposed. Fines were set at $1000 for first time violations and at $2000 for one establishment which has had violations in the past. The establishments and fines set are as follows: Name Licensee Name Address Violation Number (Since 2000) Recommended Penalty Byerly's Wine & Spirits Byerly Beverages, Inc. 3777 Park Place Blvd first $1000 Doubletree Park Place Hotel DT Management Inc. 1500 Park Place Blvd first $1000 Knollwood Liquor Knollwood Liquor Inc. 7924 Hwy 7 second $2000 Sam's Club #6318 Sam's West Inc. 3745 Louisiana Ave S first $1000 Santorini's B & A Inc. 9920 Wayzata Blvd first $1000 St. Louis Park Liquors Nguyen, Lua T.K. 6316 Minnetonka Blvd first $1000 Texas-Tonka Liquors Texas Tonka Liquors, Inc 8242 Minnetonka Blvd Third 3-day Suspension Council held a public hearing on September 8, 2003 to consider penalties on Texas Tonka Liquors and at that time directed staff to bring forward a resolution imposing a 3-day suspension on the licensee. A resolution to that effect is also attached. Another violation which occurred at Holiday Inn is not being pursued as the licensee responsible for the violation at the time has ceased to be licensed in the State of Minnesota. Contact has been made with the new licensee to ensure they are aware of educational programs available to their employees through the Police Department. St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 2 of 9 Council Approval If the City Council concurs with the City Manager’s recommendations, a motion to approve a resolution imposing the administrative penalty is required for each establishment. Licensees have been informed that they need not attend this City Council meeting. Payment of that penalty is due within 30 days of Council’s action. If the City Council disagrees with the Manager’s recommendation, a hearing will be scheduled for the Licensee to appear before the City Council for further consideration. Attached: Resolutions approving imposition of civil penalties Memos from Police Department regarding Liquor Sting Operations Prepared by: Cynthia D. Reichert Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 3 of 9 RESOLUTION NO. 03-03-127 A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Byerly's Wine & Spirits Byerly Beverages, Inc., Licensee 3777 Park Place Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Byerly's Wine & Spirits, 3777 Park Place Blvd on July 7, 2003; and WHEREAS, the license holder, Byerly Beverages, Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 4 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Doubletree Park Place Hotel DT Management Inc., Licensee 1500 Park Place Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Doubletree Park Place Hotel, 1500 Park Place Blvd on June 30, 2003; and WHEREAS, the license holder, DT Management Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 5 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Knollwood Liquor Knollwood Liquor Inc., Licensee 7924 Hwy 7 WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Knollwood Liquor, 7924 Hwy 7 on July 7, 2003; and WHEREAS, the license holder, Knollwood Liquor Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set b y the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 6 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Sam's Club #6318 Sam's West Inc., Licensee 3745 Louisiana Ave S WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Sam's Club #6318, 3745 Louisiana Ave S on July 7, 2003; and WHEREAS, the license holder, Sam's West Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 7 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Santorini's B & A Inc., Licensee 9920 Wayzata Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Santorini's, 9920 Wayzata Blvd on June 30, 2003; and WHEREAS, the license holder, B & A Inc. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 8 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION St. Louis Park Liquors Nguyen, Lua T.K., Licensee 6316 Minnetonka Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at St. Louis Park Liquors, 6316 Minnetonka Blvd on July 7, 2003; and WHEREAS, the license holder, Nguyen, Lua T.K. has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4a - Liquor License Violations Page 9 of 9 RESOLUTION NO. 03-______ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Texas-Tonka Liquors (Summit) Texas-Tonka Liquors, Inc., Licensee 8242 Minnetonka Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Texas-Tonka Liquors (Summit), 8242 Minnetonka Blvd on July 7, 2003; and WHEREAS, the license holder, Texas-Tonka Liquors, Inc. is not disputing that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through – 3-75; and WHEREAS, The license holder was informed of the civil penalty process and appeared at a public hearing before the City Council on September 8, 2003. NOW THEREFOR BE IT RESOLVED, that a civil penalty consisting of a 3-day suspension beginning at 8:00 a.m. Thursday, September 18, 2003 and ending at 10:00 p.m. on Saturday, September 20, 2003 is hereby imposed on the license holder pursuant to City Code Section 3-75. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 1 of 9 4b. Motion to approve the Second Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. Background: At the September 9, 2002 Study Session the EDA/City Council directed staff to negotiate amendments to the Development Agreement with Meridian Properties (TOLD Development) in order to revise the Excelsior & Grand project construction schedule as well as to clarify several other outstanding matters. Staff and the EDA’s legal counsel completed negotiations with TOLD and agreed to an Amendment which was approved November 18, 2002. Subsequently, changes to Phase NE of the project (northeast corner of Park Commons Drive and Grand Way) necessitated that a Second Amendment be drafted. Primary business points of that Second Amendment are summarized below. Second Amendment Business Points: Ø The number of rental units required in Phase NE was changed from 65 units to 0 units and the minimum number of owner occupied units was increased from 45 to 120. The rentable square feet of retail space was reduced from “approximately 6,000” square feet to 4,500 rentable square feet. Ø The EDA and City grant the Redeveloper a temporary right of access to the EDA’s property reserved for Phase NW (northwest corner of Park Commons Drive and Grand Way). The property may be used for the excavation of soils to be used as fill in Phase NE and the installation of temporary parking. Ø TOLD must provide the EDA with a letter of credit related to the cost of repairing Phase NW should it become necessary. Ø The EDA and City grant the Redeveloper “early start” rights and access to the property reserved for Phase NE prior to conveyance. These rights are conditioned on the Redeveloper obtaining approval for its final plat and PUD for Phase NE and the approval of a mutually agreeable Early Start Agreement which includes protections for the EDA. Ø The construction schedule for Excelsior & Grand Phase II was slightly modified (see chart below). Specifically, the start date for Phase NE (Phase II) was changed from July 1, 2003 to October 1, 2003 and the required completion date was changed from September 1, 2004 to April 30, 2005. Most importantly, however, the required completion date for the entire project – June 1, 2007 was not changed. St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 2 of 9 REVISED CONSTRUCTION SCHEDULE Phase Target Commencement Required Commencement Target Completion Required Completion I Superblock And Initial Public Improvements* NA (No Change) 8/20/01 (No Change) 9/1/02 (No Change) 7/1/03 NE Small Apartments/ Owner-Occupied Housing NA (No Change) Apts. changed from 1/1/04 to NA Owner-Occupied changed from 7/1/03 to 10/1/03 NA (No Change) Apts. changed from 3/1/05 to NA Owner-Occupied changed from 9/1/04 to 4/30/05 NW Large Apartments 6/1/04 (No Change) 4/1/05 (No Change) 6/1/05 (No Change) 8/1/06 (No Change) E Small Office** 10/1/04 (No Change) 4/1/06 (No Change) 12/01/05 (No Change) 6/01/07 (No Change) NA = Not Applicable Recommendation: Staff recommends approval of the “Second Amendment to Amended and Restated Contract for Private Redevelopment with Meridian Properties” as presented. Attachments: Second Amendment to Amended and Restated Contract for Private Redevelopment with Meridian Properties Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Tom Harmening, Community Development Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 3 of 9 SECOND AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the 15th day of September, 2003, by and between the St. Louis Park Economic Development Authority (the “Authority”), a public body corporate and politic under the laws of Minnesota, and the City of St. Louis Park, Minnesota (the “City”), a Minnesota municipal corporation, and Meridian Properties Real Estate Development LLC (the “Redeveloper”), a Minnesota limited liability company. RECITALS WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to 469.1081 (the “Act”) and was authorized to transact business and exercise its powers by a resolution of the City Council of the City; and WHEREAS, the Authority has undertaken a program to promote the development and redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the “City”), and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and WHEREAS, the Authority, City and Redeveloper entered into an Amended and Restated Contract for Private Redevelopment dated as of July 23, 2001 and recorded in the office of County Recorder on December 28, 2001 as Document No. 7615778 and filed in the Office of the Registrar of Titles on December 27, 2001 as Document No. 3477262 (the “Contract”), in connection with redevelopment of property within the Project described as follows: Lot 1, Block 1, Lot 1, Block 2, Outlots A, B, C, D, E, F, G, H, and I, PARK COMMONS EAST, according to the plat on file and of record in the Office of the Hennepin County Recorder AND All right of way to be improved as Wolfe Parkway adjoining the northerly line of PARK COMMONS EAST. (the “Redevelopment Property”); and WHEREAS, the Redeveloper assigned certain rights and obligations regarding Phase I and regarding Phase NE (as defined in the Contract) to Excelsior & Grand LLC (the “Assignee”); and WHEREAS, the parties entered into a First Amendment to Amended and Restated Contract for Private Redevelopment dated March 3, 2003; and St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 4 of 9 WHEREAS, to address further changes in redevelopment plans for subsequent phases of development of the Redevelopment Property, the parties have determined to further amend the Contract as described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 4.1(b) of the Contract is modified to read as follows: (b) Minimum Improvements. The Minimum Improvements consist of the following Phases, located as shown on the Master Site Plan: Phase I: Superblock, consisting of mixed use buildings containing approximately 338 units of rental housing and approximately 62,700 rentable square feet of retail space. Phase E Small Office, consisting of an office building with approximately 45,000 rentable square foot of office space (including ground-floor retail and service space as required by City code). Phase NW Large Apartments, consisting of a mixed use building containing approximately 195 units of rental housing and approximately 6,000 rentable square feet of retail space. Phase NE At least 120 units of Owner-Occupied Housing, and approximately 4,500 rentable square feet of retail space; and Phase W See Section 4.1(d). 2. Section 4.11 of the Contract is modified to add the following paragraph (h): (h) The Authority and City hereby grant to the Redeveloper a temporary right of access over, under and across portions of the Phase NW portion of the Redevelopment Property, for the sole purpose of excavating soil for use as fill in Phase NE and the installation of temporary public surface parking facilities, pursuant to a plan approved by the City of St. Louis Park. Such right of access commences upon execution of this Agreement and an amended Planning Contract and terminates upon the earlier of completion of the site preparation/filling activities for Phase NE, or the date of conveyance of the Phase NW property to Redeveloper. The parties agree and understand that the excavation in Phase NW is expected to be consistent with and facilitate construction of Phase NW. However, if construction of Phase NW is not commenced by the date required in Schedule H, in addition to any other remedies under this Agreement, the Authority may by written notice require Redeveloper to restore the Phase NW property in a fashion reasonably satisfactory to the Authority. St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 5 of 9 Before commencing any excavation work on the Phase NW property, the Redeveloper must deliver to the Authority an irrevocable bank letter of credit in a form reasonably satisfactory to the Authority, in an amount of at least $_________________. The Authority will be entitled to draw on the letter of credit upon (i) filing of any notice of lien against the Phase NW property in connection with the work performed under this Agreement, (ii) failure by Redeveloper to perform any obligation under this paragraph (h), or (iii) failure by Redeveloper to provide a new or extended letter of credit if the initial letter of credit expires before Redeveloper satisfies its obligations under this paragraph. The Authority may apply the amount drawn on the letter of credit to remove any encumbrance to the Phase NW property related to the work performed by the Redeveloper under this Agreement or otherwise pay any cost owed to or incurred by the Authority as a result of Redeveloper’s default under this Agreement. The Authority will return the letter of credit to Redeveloper upon closing on conveyance of the Phase NW property to Redeveloper. The provisions of paragraphs (d), (e) and (f) of this Section 4.11 apply to the right of entry under this clause (h). 3. Section 4.12 of the Contract is modified to add the following paragraph: In addition to the early start rights for Phase I, the Authority will grant the Redeveloper rights of access to Phase NE in order to commence construction of Phase NE prior to conveyance of that property, if the following conditions are satisfied: (a) the final plat and PUD for Phase NE has been approved; (b) Redeveloper provides evidence reasonably satisfactory to the Authority that Redeveloper has obtained permanent financing for Phase NE; and (c) the Redeveloper executes a right of entry agreement reasonably satisfactory to the Authority, which agreement provides commercially reasonable protections for the Authority, including without limitation payment bonds or comparable security. 4. Schedule H in the Contract is modified to read as shown in Schedule H attached hereto. 5. The Contract remains in full force and effect and is not modified except as expressly provided herein. IN WITNESS WHEREOF, the Authority, City and Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 6 of 9 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of September, 2003 by James Brimeyer and Charlie Meyer the President and Executive Director of the St. Louis Park Economic Development Authority, on behalf of the Authority. Notary Public CITY OF ST. LOUIS PARK, MINNESOTA By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of September, 2003 by Jeff Jacobs and Charlie Meyer the Mayor and City Manager of the City of St. Louis Park, Minnesota, on behalf of the City. Notary Public St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 7 of 9 MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of September, 2003 by _________________________, the _________________ of Meridian Properties Real Estate Development LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public The undersigned, as assignee of certain rights under the Contract, hereby consents to the aforementioned First Amendment thereto. EXCELSIOR & GRAND LLC By ___________________________ Its Manager St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 8 of 9 STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of September, 2003 by _________________________, the manager of Excelsior & Grand LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public St. Louis Park City Council Agenda Item: 091503 - 4b - 2nd Amendment to TOLD Dev. Agreement Page 9 of 9 SCHEDULE H CONSTRUCTION SCHEDULE Phase Target Commencement Required Commencement Target Completion Required Completion I Superblock And Initial Public Improvements* NA 8/20/01 9/1/02 7/1/03 NE Small Apartments/ Owner-Occupied Housing NA 10/1/03 NA 4/30/05 NW Large Apartments 6/1/04 4/1/05 6/1/05 8/1/06 E Small Office** 10/1/04 4/1/06 12/01/05 6/01/07 * Initial Public Improvements, as defined in Section 4.6(d), to be completed by February 1, 2003 ** Subject to limitations described in Section 4.1(f)(3). St. Louis Park City Council Agenda Item: 091503 - 4c - Hulegaard Const., Storm Water Improvements Page 1 of 1 4c. Bid Tabulation: Motion to designate Hulegaard Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $125,000.00 for Storm Water Flood Improvements in Area No. 1 (Runnymeade Lane) and Area #9 (5801 & 5737 W. 25 ½ Street) – City Project Nos. 00-03 & 03-05 Background: Bids were received on September 4, 2003 for storm water flood improvements for Area #1 and Area #9. Both of these areas are two of the original ones investigated by the City. A total of seven (7) bids were received for this project. Advertisement for bids was published in the St. Louis Park Sun-Sailor on August 14 & 21, 2003, and in the Construction Bulletin on August 8, 15 & 22, 2003. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Hulegaard Construction $125,000.00 Eureka Construction $135,811.00* F. F. Jedlicki, Inc. $138,469.00 BNR Excavating, Inc. $149,550.00 Thomas & Sons Construction, Inc. $161,121.00 Jay Brothers., Inc. $170,915.50** DMJ Corporation $199,222.50** Kusske Construction Co., Inc. $252,340.00 Engineer’s Estimate $107,724.00 * Bidder disqualified due to late submittal of bid ** Denotes Engineer’s correction upon extension Evaluation of Bids: A total of eight companies submitted bids. One of the companies, Eureka Construction, submitted a bid after the 10:00 a.m. deadline. The bid was inadvertently opened during the bid opening, and should therefore be disqualified. The City’s consultant, WSB and Associates, has contacted the references provided and found that Hulegaard Construction has performed satisfactory work. Although more than the Engineer’s Estimate, staff and the consultant feel the bid price is reasonable. Recommendation: Staff has determined that Hulegaard Construction submitted the lowest responsible bid and recommends a contract be awarded to the firm in the amount of $125,000.00 Prepared By: Maria 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: 091503 - 4d - Traffic Study #583 - Xenwood Page 1 of 2 4d Traffic Study No. 583: Motion to adopt the attached resolution authorizing the installation of one-hour parking restrictions on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150 feet north of Excelsior Boulevard. Background: The City has received a request from the property/business owner at 5608 Excelsior Boulevard, Helmut Mauer, to install one-hour parking restrictions along the east side of Xenwood Avenue adjacent to his business. The request was initiated due to the all day, on-street parking that occurs from adjacent homes and businesses which makes access for tow trucks with vehicles and delivery trucks extremely difficult. Analysis: Xenwood Avenue is a one-way street to the north off of Excelsior Boulevard. When parking occurs on both sides of the street, the remaining width is narrow and difficult to maneuver for delivery trucks and tow trucks. Staff met with the property owner and observed the difficulty in accessing his business. The proposed parking restrictions will prevent all-day parking while still providing customer parking for his business. The proposed area will restrict parking for approximately three (3) vehicles due to the location of his driveway and the Excelsior Boulevard curb radius. Unrestricted parking would remain on the west side of the street. Recommendation: It is recommended that the City Council adopt the attached resolution providing for the installation of one-hour parking restrictions on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150 feet north. Attachments: Map (Supplement) Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4d - Traffic Study #583 - Xenwood Page 2 of 2 RESOLUTION NO. 03-134 RESOLUTION AUTHORIZING INSTALLATION OF ONE-HOUR PARKING RESTRICTIONS ON XENWOOD AVENUE, NORTH OF EXCELSIOR BOUELVARD TRAFFIC STUDY NO. 583 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. One-Hour parking restriction on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150 feet north of Excelsior Boulevard. Attest: Adopted by the City Council September 15, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 091503 - 4e - Traffic Study #584 N Frontage Hwy 7 Page 1 of 2 4e Traffic Study No. 584: Motion to adopt the attached resolution authorizing the installation of parking restrictions on the north side of the North Frontage Road of Highway 7 a distance of 10 feet centered on the outwalk to 4310 Highway 7. Background: The City has received a request from the property owner of Park Point Apartment, 4310 Highway 7, to install “No Parking” signs in the area of their outwalk to the apartment building. Access to their building is hindered especially in the winter when vehicles are parked directly in front of the outwalk. The proposed parking restrictions will allow adequate access to their outwalk and facilitate the needs of the residents. Staff has reviewed this request with the apartment management and supports the proposed parking restrictions. Recommendation: It is recommended the City Council adopt the attached resolution providing for the installation of parking restrictions on the north side of the north frontage road of Highway 7 in front of 4310 Highway 7, a distance of 10 feet centered on the outwalk to 4310 Highway 7. Attachments: Map (Supplement) Resolution Prepared by: Carlton B. Moore, Superintendent of Engineering Through: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4e - Traffic Study #584 N Frontage Hwy 7 Page 2 of 2 RESOLUTION NO. 03-135 RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTION ON THE NORTH SIDE OF THE NORTH FRONTAGE ROAD OF HIGHWAY 7 TRAFFIC STUDY NO. 584 WHEREAS, the City of St. Louis Park, Minnesota, has been requested, has studied, and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install “No Parking” restrictions on the north side of the North Frontage Road of Highway 7 a distance of 10 feet centered on the outwalk to 4310 Highway 7. Reviewed for Administration: Adopted by the City Council July 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 091503 - 4f - Three Rivers Park District Plowing Contract Page 1 of 1 4f. Motion to approve the contract with Three Rivers Park District, formerly Hennepin Parks, to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park. Background The southwest LRT and the Cedar Lake extension trials are owned and maintained by Three Rivers Park District, formerly Hennepin Parks. However, Three Rivers Park District does not clear or remove snow from their trails during the winter. They will allow cities to plow snow from their trails under a signed contractual agreement. Trail Clearing Contract The City of St. Louis Park has cleared and removed snow from the LRT trail since 2000. This service is appreciated by many of our residents who use the trail all year. As a part of the snow removal policy, staff recommends the City of St. Louis Park clear the regional trails through our City since Three Rivers Park District does not. Approving this contract would allow us to do so for the winter of 2003-2004. Clearing or removing snow from the LRT trail would be done in much the same manner and priority as last year. Clearing the Cedar Lake Extension is a bit more difficult. There are some areas where the trail is 10 feet wide with only a 12-foot wide easement. The trails would be cleared as a part of the Public Works snow removal policy. If there are times when the City gets several inches of snow at one time, it may be difficult for maintenance staff to remove the snow since there is no room to store it and no way to access the trail to remove it. Staff will keep the City Manager and City Council informed if the snow accumulations are significant and maintenance is not able to remove the snow. The contract with Three Rivers Park District states that the City must repair any damage to the trail done by the local municipalities while plowing snow. Staff will take precautions to prevent damage in our snow removal process. Continuing Authorization of Contract It does not appear that Three Rivers Park District will assume the responsibility to remove snow from their regional trails. The City of St. Louis Park will continue to be asked to sign a contract annually to remove snow on the LRT and Cedar Lake Extension trails. Attachments: Contract (supplement) Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4g - Special Services Contract, Excelsior & Grand Page 1 of 2 4g. Motion to authorize the Mayor and City Manager to execute the Contract and Declaration of Covenants for the Maintenance and Operation of Excelsior & Grand Public Improvements Background: Thus far, three special service districts have been created along Excelsior Boulevard to ensure maintenance functions such as snow removal, landscape maintenance, banner installation, etc., are undertaken on a consistent and timely basis. Special service districts are authorized by statute and provide a mechanism for commercial property owners to request the creation of the tool as a means to provide a funding mechanism for the maintenance activities. The most recent special service district, Special Service District No. 3, was created in 2002 and is located along Excelsior Boulevard between Quentin Avenue and Monterey Drive, including the portion of Excelsior Blvd. directly adjacent to the Excelsior & Grand project. At the time the City entered into the development contract with TOLD, the contract included a provision whereby TOLD was obligated to participate in the creation of a special service district for the internal public streets and other public areas within the Excelsior & Grand project area, e.g. Grand Way, Park Commons Drive, Wolfe Parkway, and the Town Green area. The development contract also contained a provision which allowed TOLD to propose an alternative approach whereby maintenance functions would be provided without creating a formal special service district. The reason for this relates to the statutory requirements for special service districts. State statute only allows cities to charge fees for special services to commercial properties. The current special service district statute really does not take into consideration the unique nature of vertically mixed-use projects. As a result, if the City and TOLD were to use a standard special service district tool, an inordinate amount of the cost burden for the provision of the special services could only be applied to the ground floor commercial properties within the Excelsior & Grand project. Since the commercial properties represent a minority versus majority land use in the Excelsior & Grand project, the cost burden to the commercial property owners would be significant. Currently, based on an informal agreement, TOLD is undertaking special service activities in the project area. As this is not felt to be acceptable for the long term, TOLD, City staff and legal counsel have been working on an approach whereby the City, EDA and TOLD would enter into a "Contract and Declaration of Covenants for the Maintenance and Operation of Excelsior & Grand Public Improvements". Attached is the proposed agreement, along with the specifications that identify the maintenance activities to be provided. In essence, this agreement assigns responsibilities for the maintenance work (sidewalk snow removal, landscape maintenance, town green maintenance, etc.) to the developer as owner of specific properties in the development (including their successors). The contract refers to a specification which Public Works and Parks and Rec staff have developed with the developer on the specific maintenance activities to be undertaken. The developer will hire property St. Louis Park City Council Agenda Item: 091503 - 4g - Special Services Contract, Excelsior & Grand Page 2 of 2 maintenance staff to do the work and will apportion costs to the current and future property owners in the project area for the special services provided. If the maintenance work is not undertaken pursuant to the specifications, the contract provides that the City may undertake the maintenance work and assess the cost through a special assessment process pursuant to a formula to be included in the contract. The contract contains other remedies for the City if the maintenance services are not satisfactorily provided, including finding the developer to be in default of the EDA's development contract as well as providing the City with the ability to establish a special service district. Staff feels the proposed approach is unique and an alternative to using the special service district statute and at the same time ensures a high level of maintenance occurs in the project area. Recommendation: Motion to authorize the Mayor and City Manager to execute the Contract and Declaration of Covenants for the Maintenance and Operation of Excelsior & Grand Public Improvements. Attachments: • Draft agreement (supplement) Prepared By: Tom Harmening, Community Development Director Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 1 of 7 MINUTES JULY 24, 2003 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, July 24, 2003, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Chair Susan Bloyer Vice Chair Ryan Burt Commissioner James Gainsley Commissioner Paul Roberts Members Absent: Commissioner Tom Powers Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the regular meeting to order at 7:06 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Gainsley, seconded by Commissioner Burt, to approve the following minutes as presented with the following corrections: Page 6, Correct spelling error in paragraph 9 from aloud to allowed. Page 10, add sentence; Chair Gainsley stated that evidence was not submitted by the applicant explaining that a elder parent will be living with Mr. and Mrs. Kelsey so he will not use that as a consideration. 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated June 26, 2003. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. 3. CONSENT AGENDA Approve Resolution No. 4-03; Joan and David Guenzel of 1452 Nevada Avenue South, granting a variance from Section 36-164(f)(5) of the Ordinance Code relating to zoning to permit a 13-foot variance to the required 25-foot rear yard for the existing two-car garage which is proposed to be made attached to the house by the construction of a 16-foot by 20- St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 2 of 7 foot breezeway with the condition that the applicant submit a new survey confirming the 12-foot rear yard setback for property located in the R-2, Single Family Residential District. Approve Resolution #6-03; Kevin and Elizabeth Kelsey of 2717 Webster Avenue South, granting variances from Sections 36-162(c)(7)b.1.i. and Section 36-163(f)(12) of the Ordinance Code relating to allow the construction of a detached two-car garage which occupies 31% of the area between the house and the rear yard lot line and does not meet the required 600 square feet of useable open space in the rear yard for property located in the R-1, Single Family Residential District. Motion by Commissioner Gainsley, seconded by Commissioner Burt, to approve Resolution #4- 03 and Resolution #6-03. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. Approve Resolution #5-03; Tom Sheldon and Jodi Sheldon Rogness of 3874 Brookview Drive, granting a variance from Section 36-74(d)(1) of the Ordinance Code relating to zoning to allow the construction of an 8-foot high fence instead of the required 6-foot high fence for property located in the R-1, Single Family Residential District. Commissioner Burt stated he would like to see Resolution #5-03 specifically worded to say, “to allow the construction of a 8-foot high fence only along the westerly property line which is also adjacent to the apartment parking lot”. Motion by Commissioner Burt, seconded by Commissioner Gainsley, to approve Resolution #5- 03 with requested changes. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 03-42-VAR – The request of Brian Lennox for a variance from the requirements of Sections 36-163(f)(5) of the Ordinance Code relating to zoning to allow an attached garage to be constructed within the required side yard for property located in the “R-1” Single Family Residential District at 3040 Ensign Avenue South Mr. Morrison presented the report and concluded that all 7 criterion have been satisfied, staff recommends approval of the attached Resolution #7-03 approving a 2.5 foot variance to the required 6-foot side yard for the construction of a one car attached garage. Mr. Morrison would like to point out that the property does have a hardship due to the property being only 52 feet wide at the frontage and generally the R-1 District minimum is 75 feet. Also, St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 3 of 7 the lot is pie shaped and the applicants are limited for garage space and since the request is for a one car garage it does met the reasonable clause along with efforts to preserve existing significant trees and also the topography is difficult this is why staff has recommended approval of the variance. Commissioner Gainsley asked staff to prepare future reports showing the property deviations. For example, he would like to see the districts minimum lot size and the side yard setback. Mr. Morrison stated he would start providing that information on the staff reports. Commissioner Gainsley asked staff if this property has received a variance in the past? Mr. Morrison stated that there are no records showing a variance was given. Commissioner Gainsley questioned staff of when the home was built. Brian Lennox, applicant of 3040 Ensign Avenue stated the home was built in 1956. With no more questions, Chair Bloyer opened the public hearing. Brian Lennox, applicant of 3040 Ensign Avenue, stated he has nothing more to add and would like to thank the Commissioners for taking the time to review his request. With no more questions, Chair Bloyer closed the public hearing. Commissioner Burt stated he agrees with staffs recommendation and feels the applicants are replacing an existing non-conformity and it is limited to a single car garage and would be in favor of granting the variance. Commissioner Roberts stated that he doesn’t see any legal alternatives for this variance request due to the lot shape, topography and the wetlands located at the rear which may contain peat and that would not make a good foundation for any garage or structure and is in favor of granting the variance. Commissioner Gainsley stated he agrees with Commissioner Burt and Commissioner Roberts but would like to point out that the preservation of trees alone is not a reason to grant a variance but feels the hardship is the lot topography. Motion by Commissioner Gainsley, seconded by Commissioner Burt, to grant a variance, Resolution #7-03, from Section 36-163(f)(5) of the ordinance code relating to zoning to allow an attached garage to be constructed within the required side yard for property located in the R-1, Single Family District at 3040 Ensign Avenue South. St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 4 of 7 Chair Bloyer stated that in the staff report analysis #6-The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan staffs response was “It is the intent of the comprehensive plan to provide for move-up housing” and feels that the lot size and topography are sufficient enough for a hardship to grant a variance. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. B. Case No. 03-43-VAR - The request of Mark and Eva Teteris for a variance from the requirements of Sections 36-74(d)(2) of the Ordinance Code relating to zoning to allow a 5-foot high fence instead of the required maximum of 3.5-foot high fence for property located in the “R-1” Single Family Residential District at 2644 Glenhurst Avenue. Mr. Morrison presented the report and concluded that all of the required seven findings have been satisfied, staff recommends approval of the attached Resolution #8-03 approving the construction of a 5-foot high wrought iron fence in the “R-1” Single Family Residential District at 2644 Glenhurst Avenue. Commissioner Gainsley stated that it is obvious that the zoning ordinance didn’t contemplate a front yard being on an unimproved road and asked staff if the Planning Commission ever had a discussion regarding this issue? Mr. Morrison stated he is unsure if the Planning Commission has had any discussions. However, the Development Review Committee reviewed the variance request and received no comments from staff. Commissioner Gainsley stated that presently there are issues with decorative yard items being placed in front yards and would like to know if the applicants decorative pillars would be considered a decorative yard item? Also, if these pillars were to stand by themselves without any connection between them would they be considered a fence? Mr. Morrison responded that decorative yard items are to be setback 4 feet from the property line. Commissioner Gainsley stated that nothing can be placed on the property line other than a fence? Mr. Morrison stated that was correct. With no more questions, Chair Bloyer opened the public hearing. Mark Teteris, applicant of 2644 Glenhurst Avenue, stated that several years ago there was a 28- foot high hedge that he removed because it was so unattractive and would like to replace the hedge with a 5-foot high wrought iron fence because it would maintain a open but a secure feeling. St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 5 of 7 Chair Bloyer stated that staff has received an electronic email (labeled Exhibit A) from Mr. Bob and Joyce Warshawsky of 2616 Glenhurst Avenue South. Mr. and Mrs. Warshawsky would prefer a fence height of 3.5 feet instead of the proposed 5-feet in height and also prefer a wrought iron fence instead of a wooden fence. In addition, they feel that a larger fence is more intrusive on the neighborhood character and doesn’t see a functional need for it. Stephen Gasiorowicz, 2630 Glenhurst Avenue South, asked staff if the fence were to ever be removed could new home owners install another fence as a replacement but make it higher in height? Chair Bloyer stated to Mr. Gasiorowicz that staff could specify in the resolution the approved type of fence and fence height. Chair Bloyer stated that staff has prepared a resolution with conditions stating “… this variance shall be revoked and canceled if the building or structure for which the variance is granted is removed.” Hilde Gasiorowicz, 2630 Glenhurst Avenue South, asked staff to clarify if the applicants are requesting a 5-foot high fence or a 6-foot high fence because the public hearing notification card she received in the mail stated 6 feet and she is noticing that the meeting agenda is requesting only 5 feet. Mr. Morrison stated that the variance request is for a 5-foot high wrought iron fence. Chair Bloyer asked staff to change all references to meeting minutes and staff reports so there are not any future questions. Mr. Morrison stated that the staff report does contain the 5-foot high request but will correct the agenda. With no more questions, Chair Bloyer closed the public hearing. Commissioner Gainsley stated he feels the fence is merited in this case because the proposed fence is not going to be higher than a allowable backyard fence and also feels that having a unimproved street in the front yard constitutes a technical front yard but feels that is not true. In addition he agrees with staffs findings that the lot has limitations and agrees with the sunset clause and is in favor of granting this variance. Commissioner Roberts agrees with Commissioner Gainsley in which there is a front yard abutting an unimproved road and feels that maybe the zoning ordinance did take this into consideration and agrees with staff’s findings, to approve the variance. Commissioner Burt stated he agrees with Commissioner Gainsley and Roberts that this situation is indeed unusual because of the unimproved road and would like to point out that the fence St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 6 of 7 height will be 5-feet in height which is less than the allowable backyard fence height of 6 feet. Motion by Commissioner Burt, seconded by Commissioner Roberts, to grant a variance, Resolution #8-03, from the requirements of Section 36-74(d)(2) of the ordinance code relating to zoning to allow the construction of a 5-foot high fence instead of the required maximum of 3.5 foot high fence for property located in the R-1, Single Family District at 2644 Glenhurst Avenue. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. 5. Old Business None 6. New Business None 7. Communications Commissioner Gainsley announced he would like to welcome the new Board of Zoning Appeals Chairperson, Chair Susan Bloyer. 8. Miscellaneous None 9. Adjournment Commissioner Gainsley moved and Commissioner Robert seconded the motion for adjournment. The regular meeting of the Board of Zoning Appeals adjourned at 7:40 p.m. Commissioner Burt asked staff if revisions can still be made to the resolution for Mark and Eva Teteris for a variance from the requirements of Sections 36-74(d)(2) of the Ordinance Code relating to zoning to allow a 5-foot high fence instead of the required maximum of 3.5-foot high fence at 2644 Glenhurst Avenue. Commissioner Gainsley stated that the Board of Zoning Appeals can reopen the meeting since all of the Board of Zoning Appeals Commissioners, the applicants and neighbors are still in attendance. Chair Bloyer opened the public hearing and would like the minutes to include that the Board of Zoning Appeals Commissioners, applicant Mr. Mark Teteris and neighbors Mr. and Mrs. Gasiorowicz are present. St. Louis Park City Council Agenda Item: 091503 - 4h - BOZA Minutes of July 24, 2003 Page 7 of 7 Commissioner Burt stated he would like Resolution #8-03 to be revised and add the following language to findings #9 and to the conclusion: #9 – Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed or changed to any other form of fencing structure other than a 5-foot high wrought iron open see-through fence. Conclusion - The application for the variance to allow the construction of a 5-foot high wrought iron open see-through fence instead of the required maximum of 3.5-foot high fence is granted based upon the finding setforth above. Motion by Commissioner Burt, seconded by Commissioner Gainsley, to amend previous approved resolution and grant variance Resolution #8-03, from the requirements of Section 36- 74(d)(2) of the ordinance code relating to zoning to allow the construction of a 5-foot high wrought iron open see-through fence instead of the required maximum of 3.5 foot high fence for property located in the R-1, Single Family District at 2644 Glenhurst Avenue. Motion Carried. Voting Yes: Bloyer, Burt, Gainsley and Roberts. Voting No: None. 10. Adjournment Commissioner Roberts moved and Commissioner Gainsley seconded the motion for adjournment. The regular meeting of the Board of Zoning Appeals adjourned at 7:46 p.m. Respectfully Submitted, Tara Olson Community Development Secretary St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 1 of 9 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA August 20, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Phillip Finkelstein, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: Michelle Bissonnette STAFF PRESENT: Maria Hagen, Greg Hunt, Janet Jeremiah, Nancy Sells OTHERS PRESENT: Greg Ingraham, Consultant 1. Call to order -- Roll Call Chair Robertson called the meeting to order at 6:03 p.m. 2. Approval of Minutes of August 6, 2003 Commissioner Morris moved to approve the minutes of August 6, 2003. The motion passed 4-0-2. (Commissioners Carper and Gothberg abstained.) 3. Hearings: A. Case No. 03-45-ZA--Request of Bruce and Kathy Cornwall for proposed zoning ordinance amendments to define ornamental features and amend setbacks and standards for flagpoles, birdbaths and other ornamental features Planning and Zoning Supervisor Janet Jeremiah introduced Greg Ingraham, of Ingraham & Associates, Inc., Planning Consultant for the City of St. Louis Park. Mr. Ingraham said the intent of the proposed amendment is to revise setback requirements and height limitations for ornamental accessory features. He reported that Bruce and Kathy Cornwall are requesting an ordinance amendment that would define ornamental features and amend standards for the placement of such structures in yards. The Cornwalls are requesting that existing nonconforming ornamental features would be grandfathered and allowed to remain. Mr. Ingraham noted that included with the report to Commission was a letter in support of the Cornwall's proposal from Curt Rahman and Cindy Jurgensen dated July 23, 2003; and a letter from Shannon O’Kane, the Cornwalls’ neighbor, in opposition to the proposal, received at City Hall on August 11, 2003. Mr. Ingraham said staff is recommending that the existing accessory structure ordinance setback requirements be retained. Staff recognizes that there is a need to increase St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 2 of 9 education and awareness of the existing regulations through the community newsletter, web site and other means; and revise the ordinance to clarify the definition of ornamental features. Commissioner Gothberg stated that the proposed definition should be clarified by adding structure to the following: Ornamental features means a decorative garden structure or yard structure… Kathy Lettas-Cornwall, applicant, 4320 Brook Avenue, said she and her husband did their homework prior to putting up their trellis, and they are seeking a win-win remedy for all. Bruce Cornwall, applicant, said it seems the vast majority of accessory structures are not in compliance, and that includes structures within a four-foot proximity to fences. Mr. Cornwall cited the following as issues: safety, site lines, aesthetics, and open space. He presented sketches and photos to support his concerns and statements. Mr. Cornwall said design merits have not been discussed. He believes that the City has recognized homeowners with awards, even though they are not in compliance. The design merits would allow for fuller use of yards and make for a more livable community, and he does not see any safety, health, or welfare issues in regard to an ordinance change, which would provide for reasonable guidelines. Mr. Cornwall said he is requesting fairness for all and consistent enforcement. Mr. Cornwall distributed copies of a document of photographs that he titled "Examples of Violations that are OK with the City." Chair Robertson opened the public hearing. Jake Werner, 2148 Glenhurst, said the Cornwalls contacted him to note his noncompliance in regard to his pergola. Mr. Werner would be happy to have the Cornwalls as his neighbor. Mr. Werner said the discussion seems ludicrous, and St. Louis Park would do well to get rid of the restrictions. Mr. Werner asked: What is the reason for the four-foot setback? Mr. Ingraham said, basically, it is to prevent the installation of undesirable design ornamental features close to a neighbor's property line and also for administrative reasons. Ms. Jeremiah said these are structures that do not require permits, therefore, there is no oversight as to the materials used or means of construction. Other structures that are allowed closer to property lines require permits and are reviewed in accordance with architectural design requirements and structural integrity. Also, there are often easements and utilities close to the property lines, and often people do not know precisely where their property lines are and, inadvertently encroach on neighbors. Ms. Jeremiah said a four-foot setback allows the City to streamline some of its administrative duties by preventing a lot of complaints that structures are encroaching and allowing a simple response when people call City Hall requesting the regulations. The four foot setback also helps keep the structures out of easements and away from utility lines. St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 3 of 9 Mr. Werner said the four-foot setback limits the design options. He said St. Louis Park should do all it can to encourage garden structures due to their enhancement possibilities. James Tarsney, 4351 Brook Avenue, said the logic of the ordinance is unclear to him. He commented that there is not a prohibition on trees or for trees planted around a structure to provide screening. He said most disturbing is that the ordinance is not enforced or, apparently, it is only enforced by complaint, which is not conducive to a good neighbor feeling. Mr. Tarsney suggested grandfathering existing structures. Sue Bloyer, 2935 Pennsylvania Avenue, and Chair of the Board of Zoning Appeals, stated that she is not speaking in her BOZA role but as a resident because she is incensed by the letter she read, which appeared in the Sun Sailor. Ms. Bloyer emailed Councilmembers to invite them to come and get her because she has structures that are within the four-foot setback. She said staff’s windshield survey of garden structures is statistically inaccurate because a lot of people have gardens in their backyards. Ms. Bloyer discussed fence heights and she thinks the ordinance is ridiculous. She stated that the issue is neighbors who don't get along and nothing will change that. Shannon O’Kane, 4316 Brook Avenue, stated she was present to express her support to retain the existing zoning ordinance regarding setbacks and the standards for accessory structures. Ms. O’Kane favors a clear definition of ornamental structures, and she does not favor the request to grandfather ornamental structures, which were created in violation of the City code. Commissioner Timian asked Ms. O'Kane for more information about the issue. Ms. O'Kane said that from her yard the Cornwall structure looks like the back of a bed or a football goal post. She does not like it and wanted to install something to cover it up. When inquiring to City Hall about doing so, she was informed of the four foot setback requirement. Commissioner Timian asked why the two neighbors couldn't come to agreement, aside from the compliance or non-compliance issue. Ms. O'Kane said when she contacted the City about her idea she was told it was not allowed. Chair Robertson commented that the City does enforce when there is a complaint and a resident has the right to say they don't like the structure and that it is out of conformance. Richard and Christine Howard, 4370 Brook Avenue, said they are probably out of compliance in a number of ways. Mr. Howard said the ordinance is vague, and he thinks the staff sometimes has trouble interpreting it. The ordinance is not consistently enforced, and it appears to have become a weapon between some neighbors. Mr. Howard said it is outdated, and he noted that education would be beneficial. The Howards favor modification of the ordinance but would prefer it be eliminated, as most cities do not have this; and to spend City resources on more important issues. Ms. Howard said a four- St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 4 of 9 foot setback for the small yards of St. Louis Park would leave little green space. She said the goals in the staff report are unclear, and she thinks an enforcement by complaint would not foster any community goal. Ms. Howard favors the elimination of the ordinance completely. Karen Waters, 4111 Brookside Avenue, said St. Louis Park has too many ordinances. Ms. Waters noted that there is a trend toward urban streetscaping to slow traffic, and some articles have reported frontyard landscaping to be successful in slowing traffic. She said the ordinance is unclear, and she favors its elimination. Jeff O’Reilly, 3996 Brunswick Avenue, said what people have done with their gardens is amazing but if the ordinance is amended, how would one rectify items which are in poor taste. Mr. O’Reilly asked: Where is the creative potential being lost with a four-foot setback? He favors maintaining the current ordinance as it permits the City to deal with the issue, rather than the neighbors. Tom Evers, 2840 Xenwood Avenue South, said, at least, the ordinance should be modified. Mr. Evers said the ordinance is vague and it needs better definition. He said it doesn’t make sense to allow building structures within two or three feet of a property line and, yet, no garden structures or ornamental features are allowed within four feet of a property line. Mr. Evers said it appears to him that the issue of height needs to be addressed. Gail Obbarius, 4312 Brook Avenue, said she finds it objectionable when people around her want to add things that bother her aesthetic sense. Ms. Obbarius said the interpretation should remain as is—one’s space should be one’s space, and one should dictate within one’s space within the confines of the current rules. She said residents should conform on an individual basis. Bob Olson, 2040 Glenhurst Avenue, and his wife are avid gardeners. Mr. Olson said the Cornwall’s garden is a work of art but he believes laws should be enforced, and done so consistently or eliminate the law. He does not favor the enforcement of the ordinance on a complaint basis. Chair Robertson closed the public hearing. Chair Robertson suggested a refinement for the ordinance, which would be: If a six-foot fence and a small structure within four feet of the property line are screened by that fence, there should not be an ordinance that deals with that, but without the fence probably there should be. He asked: Is there anything in proximity to houses, mostly a gate, for example with an ornamental piece over it as it abuts the house, is there more height leeway? Ms. Jeremiah said as long as it is set back four feet from the property line there is flexibility. If it is that close to the house, it is probably allowed. Commissioner Finkelstein is concerned that if the law is not changed or revised, the situation will be one of neighbor fighting neighbor. He said staff is following the dictates St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 5 of 9 of law and reasonable applications, and perhaps the ordinance needs to be revised. He said the Planning Commission needs to study and discuss this matter, taking into account reasonable changes and all of those that are currently nonconforming. Mr. Ingraham had to depart at 7:55 p.m. He and Ms. Jeremiah will meet soon to discuss the comments heard at tonight’s meeting. Chair Robertson said four feet is not far from a fence or a property line. He wants to avoid feelings of encroachment, and he thinks a four-foot setback is reasonable. Commissioner Morris said he sees a need for the regulation due to circumstances that could potentially be a detriment to the community; but we need a logical and structured ordinance. Commissioner Morris said we need to see if a four-foot setback is functional. He thinks that some of the current language in the ordinance may not be usable. He inquired how often the City has received requests for easement encroachments. Commissioner Morris thinks the Commission should discuss this matter at a study session, considering the expectations of the community and staff's ability to enforce the ordinance. Ms. Jeremiah said in November of 2002, amendments were made to the ordinance and the easement encroachment language was added at that time; the City has mechanisms for encroachment agreements, along with the ability to issue them and it has been done. She added that the definition of structure is very broad and she doesn't believe permits are desirable for every garden structure. The City has wanted to be able to give simple answers, avoid most problems that can occur and limit administrative costs. The four foot setback seems reasonable and helps alleviate easement, utility problems, property line questions and encroachments. Ms. Jeremiah said that the ordinance was reviewed and revised during a comprehensive study of standards for garages and other accessory structures in 2002. At the time, it seemed logical to maintain a minimum setback for these structures. Commissioner Morris said that lawn accessories weren't the focus of that review. He asked if the Commission has focused on tonight's issues. Commissioner Gothberg agrees with Commissioner Robertson. He believes if the structure is in the backyard and no higher than six feet, then it should be able to go up to the property line. Commissioner Gothberg thinks pergolas, arbors, and trellises should be considered fences or parts of fences. He said the Commission needs more time to consider the ordinance. Commissioner Carper said a precedent exists for enforcing on a complaint basis in noise and parking issues. He added that ornamental features seem to be an exception to this kind of enforcement as neighbors need to be cooperative rather than wait for the problem and have the City enforce. St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 6 of 9 It was moved by Commissioner Finkelstein to postpone a decision so that the Planning Commission can have a study session on what changes, if any, need to be done in regard to the proposed amendments. Commissioner Morris asked if the City is under a time restraint because we have an ordinance amendment before us, and Ms. Jeremiah said yes, the City has 60 days to make a decision from the date the application became complete, and she will have to check on that date. The City can extend the time to 120 days without the applicant’s approval. The motion passed 6-0. B. Case No. 03-47-CUP--The request of the Edgewood Investors for a Conditional Use Permit for the excavation of approximately 13,000 cubic yards of contaminated soil and processing waste and backfill of approximately 13,000 cubic yards of imported soil on Industrial Property located at 2401 Edgewood Ave. Ms. Jeremiah presented a staff report regarding the request of Edgewood Investors, LLC, also known as Real Estate Recycling, for a CUP to allow approximately 7,000 cubic yards of contaminated soil and approximately 6,000 cubic yards of lithium ore processing waste to be excavated. Ms. Jeremiah stated that after excavation approximately 13,000 cubic yards of soil will be imported and placed on site to bring the grades to those described in the grading plan. It is being proposed that the existing 105,336 square foot industrial building will be demolished and replaced with a single-story 79,000 square foot office/warehouse building. Ms. Jeremiah said the proposed route for trucks to haul the fill off-site and on-site is to use Edgewood Avenue, Cedar Lake Road, and Highway 100. As a condition of approval, staff is recommending that trucks be prohibited from using Eliot View Road and Florida Avenue to access Cedar Lake Road. Ms. Jeremiah wants to make it clear that absolutely no construction activity of any kind is to take place before 7:00 a.m. She said there are a number of health and safety protocols in place, as well as dust control practices, which fall under the jurisdiction of the Minnesota Pollution Control Agency, and they have a Response Action Plan. Staff is recommending approval of the CUP for this hauling activity subject to the site being developed in accordance with the grading plan, that trucks use only Edgewood Avenue and Cedar Lake Road, the hours of construction be strictly observed, that the site must be watered for dust control, streets must be kept clean throughout hauling routes, a financial surety is to be submitted, and operations must comply with all noise restrictions or the applicant must obtain a temporary noise permit. Commissioner Morris asked if there are any proposed traffic control, traffic devices or regulatory person to be situated at the T-intersection. Ms. Jeremiah responded no, but St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 7 of 9 there could be a recommendation to have a flag person or other traffic control there. Commissioner Morris said he strongly suggests that be done. Commissioner Gothberg said he would like a condition be added that Cedar Lake Road eastward to Highway 100 be used exclusively, and Cedar Lake Road to the west not be used. Chair Robertson suggested looking at the return route from the west on Cedar Lake Road to prevent left turns across Cedar Lake Road. Paul Hyde, applicant, said his intention was to head only eastward on Cedar Lake Road, not west. Commissioner Finkelstein expressed concern about children in proximity to the construction site. Ms. Jeremiah and Mr. Hunt said the site is fenced, and Ms. Jeremiah said the stockpiles will be covered with tarps during non-construction hours. Commissioner Carper asked about the number of trucks, hours of hauling and volume to be anticipated. Mr. Hyde said the landfill location has not yet been selected but landfills typically close at 4:30 p.m. so he would not anticipate hauling later than that. He was not able to determine a volume amount at this time. Commissioner Morris recommended that the typical language about violations associated with construction and hauling be included with conditions. Chair Robertson opened the public hearing. With no one wishing to speak, Chair Robertson closed the public hearing. It was moved by Commissioner Morris to adopt a resolution approving the Conditional Use Permit subject to conditions listed in the resolution; and with the conditions discussed by the Commission, that is, the inclusion in the language of fines if operating before or after the specified times, and the condition for traffic signaling devices, warning devices or a flag person—Commissioner Morris would like a sign posted to warn motorists of trucks hauling—to be implemented as needed. The motion passed 6-0. 4. Unfinished Business: None 5. New Business A. Consent Agenda B. Other New Business i. Consideration of a resolution stating that the establishment of the Edgewood Tax Increment Financing District and the Modification of Redevelopment Project No. 1 is in compliance with the City's Comprehensive Plan St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 8 of 9 Economic Development Coordinator Greg Hunt presented a report. Commissioner Morris asked if the City is reaching its maximum allowable TIF funding. Mr. Hunt said the City is still well within its TIF range. Commissioner Timian asked if Mr. Hunt could bring specific TIF figures for the City the next time he has an item before the Commission. Mr. Hunt agreed to do that. Commissioner Finkelstein stated that the project is a perfect use of TIF, due to the site contamination. It was moved by Commissioner Gothberg to adopt Resolution No. 68 finding the proposed establishment of the Edgewood Tax Increment Financing District and the Modification of Redevelopment Project No. 1 to be in conformance with the Comprehensive Plan of the City of St. Louis Park. The motion passed 6-0. ii. Case No. 03-54-MISC--Environmental Assessment Worksheet (EAW) for Lamplighter Pond Flood Mitigation Project--1800 Pennsylvania Avenue Ms. Jeremiah reported that the City approved a contract with WSB & Associates to complete an EAW for a proposed flood mitigation project. She said the EAW is mandatory because it involves wetlands and protected water. Ms. Jeremiah said the Commission is being requested to act as a review agency in addition to its role in making land use related recommendations to the City Council. Therefore, the Commission is being requested to comment on the adequacy of the EAW and potential for significant environmental effects, i.e., the need for an EIS. City Engineer Maria Hagen presented a report, and she reiterated that the EAW is a mandatory item because it involves a protected State water. She said the EAW was published on August 4, 2003 but she has not heard any comments thus far. Ms. Hagen reported that at least a 40% increase in storage will be realized. Commissioner Gothberg asked if any testing has been done on the sediment from the excavation area, and Ms. Hagen said no, not yet but that testing will be done. Commissioner Gothberg asked about the outcome of the project in regards to a major rainfall event. Ms. Hagen said for a 100-year event, 120 acre feet would be required, and with improvements the pond will be at about 105-110 acre feet. Commissioner Gothberg asked if the Commission will see a CUP for the soil excavation, and Ms. Jeremiah said yes. Commissioner Morris asked if this CUP is for residential zoning or a permitted use in residentially zoned property. Ms. Jeremiah said the City does not require a St. Louis Park City Council Agenda Item: 091503 - 4i - Planning Commission Minutes of 8-20-03 Page 9 of 9 CUP for storm water ponds in residential districts but a CUP will be required because of the excavation. Commissioner Carper asked if some new recreational uses will occur at the pond. Ms. Hagen responded that if grants become available, the City's Environmental Coordinator would like to see some new uses developed at the pond. Chair Robertson asked if the northern edge of the pond might be shaped rather than straight. Ms. Hagen said the City is taking a staged approach and something could be done to accomplish shaping of the northern edge. In response to the Chair's question regarding how existing vegetation and wildlife will be affected by the project, Ms. Hagen responded that excavation is expected to occur in late fall and early winter, minimizing wildlife disturbance. It was moved by Commissioner Morris to recommend approval of the EAW, finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW subject to satisfactory response to all substantive and timely comments. The motion passed 6-0. 6. Communications A. Recent City Council Action - August 18, 2003 B. Other 7. Miscellaneous 8. Adjournment Chair Robertson adjourned the meeting at 9:05 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 091503 - 4j - Housing Authority Minutes of 8-13-03 Page 1 of 2 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, August 13, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, William Gavzy, Shone Row Commissioner Anne Mavity arrived at 5:09 p.m. MEMBERS ABSENT: Commissioner Judith Moore STAFF PRESENT: Sharon Anderson, Jane Klesk, Michele Schnitker 1. Call to Order Commissioner Gavzy called the meeting to order at 5:06 p.m. 2. Approval of Minutes for July 9, 2003 The July 9, 2003 minutes were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Election of Officers Election of officers was tabled until the September 10th Board meeting. b. Approval of Hamilton House Caretaker Contract After an explanation from Ms. Anderson, Commissioner Courtney moved for approval of the second Hamilton House Caretaker Contract, contingent upon receipt of Certificate of Insurance. Commissioner Row seconded the motion, and the motion passed on a vote of 4-0, with Commissioners Courtney, Gavzy, Mavity, and Row voting in favor. 7. Communications from Executive Director a. Claims List No. 8-2003 Commissioner Row moved to ratify Claims List No. 8-2003, and Commissioner Mavity seconded the motion. The motion passed 4-0, with Commissioners Courtney, Gavzy, Mavity, and Row voting in favor. b. Communications 1. Report: Update on City Housing Redevelopment Projects There was general discussion on various redevelopment projects in St. Louis Park that contain housing components, such as Excelsior & Grand and Quadion. 2. Update on Housing Summit: Steering Committee Meetings I and II Commissioner Gavzy provided the Board with an update on Steering Committee Meetings I and II. One of the main issues discussed involved defining "move-up housing". The Steering Committee reached the consensus that "move-up housing" needs to be specifically defined, e.g., number of bedrooms, bathrooms, size of garage, etc. 3. Monthly Report for August, 2003 4. Scattered-Site Houses and Hamilton House 5. Draft Financial Statement 8. Other Ms. Schnitker reported that the HA had received its SEMAP score of 104%, and had received every point possible. The HA also received its PHAS score, which was 92%, or high performer. A report explaining the points in more detail will be presented at the September 10th Board meeting. 9. Adjournment Commissioner Mavity moved for adjournment, and Commissioner Row seconded the motion. The motion passed on a vote of 4-0 with Commissioners Courtney, Gavzy, Mavity, and Row voting in favor. The meeting was adjourned at 5:50 p.m. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 091503 - 6a - Community Charities Premises Permit Page 1 of 2 6a. Public Hearing to consider resolution authorizing gambling premises permit for the Community Charities of Minnesota to operate at Park Tavern Lounge and Lanes located at 3401 Louisiana Ave S Recommended Action: Motion to close public hearing. Motion to approve the resolution granting the permit. Background: An application was made to the City by the Community Charities of Minnesota for a gambling license. Licensed gambling has been in operation at this location for many years, and was previously conducted by the Animal Humane Society. The owner of Park Tavern desires a change in operators and has formed an agreement with the operator where more of the profits from the gambling operation will go back into the St. Louis Park Community. The Community Charities of Minnesota will be donating approximately $70,000 annually to the St. Louis Park Community Foundation. The Community Charities of Minnesota is a non-profit charitable fundraising organization currently operating at over 40 sites in the state of Minnesota. They anticipate that they will employ many of the same individuals who are currently employed by the Animal Humane Society at the Park Tavern location. An investigation has been conducted by our Police Department on the organization and the persons it plans to employ. Should council approve the application, the resolution of approval will be forwarded to the State Gambling Control Board who is responsible for issuing the license. Due to a backlog at the State level, the Community Charities application may not be processed for several months. During this waiting period, the Animal Humane Society will continue to operate until such time as Community Charities receives their license from the Gambling Control Board. Attachments: Resolution Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 6a - Community Charities Premises Permit Page 2 of 2 RESOLUTION NO. 03-116 A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING Community Charities of Minnesota At Park Tavern Lounge and lanes, 3401 Louisiana Ave S WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Chapter 15 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed above meets the criteria necessary to receive a premises permit, and the application is hereby approved. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: __________________________________ City Clerk St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 1 of 18 6b. Public Hearing Park Nicollet Private Activity Revenue Bond Sale Public Hearing to consider issuing Private Activity Revenue Bonds Bonds on behalf of Park Nicollet Health Services for the purpose of refunding outstanding debt and issuing new debt to constructing a heart and vascular center. Recommended Action: Mayor to close public hearing. 1. Motion to adopt a a resolution authorizing the issuance, sale, and delivery of revenue refunding bonds. 2. Motion to adopt a resolution authorizing the issuance, sale, and delivery of revenue bonds Background: On November 25, 2002, representatives of Park Nicollet Health Services (PNHS) attended a Council Study Session in order to give an update on their planned campus expansion at Methodist Hospital. Since that time, representatives from Park Nicollet and City Staff have been meeting to discuss the details of the expansion project and financing. Since last November, there have been 10 neighborhood meetings held to ensure the Community has an awareness of this project and to address concerns they may have. In June, the City Council approved the EAW for the project and determined that no further formal environmental review was necessary. On August 6, the Planning Commission held a public hearing and recommended approval of the preliminary PUD for the Methodist expansion project. The City Council reviewed and approved the preliminary PUD during its meeting on September 2. The final PUD is scheduled to be reviewed in November. Current Status: On August 11, 2003, the Council discussed Park Nicollet’s request for refunding old debt and issuing new debt. At that time, Council was in favor of allowing Park Nicollet to proceed with this bond issue with the condition that all approvals are met prior to any new bond proceeds being expended. This condition does not apply to issuance costs or refunding bond proceeds. The attached resolutions provide for the issuance of $85,000,000 in new debt and for the refunding of $205,000,000 of existing debt. As outlined in the attached resolution, Park Nicollet Health Services must obtain final PUD approval prior to expending bond proceeds from the new bond dollars. Other Items: Based on the terms of the loan agreement, Park Nicollet Health Services must submit an annual payment to the City, for administrative fees, in the amount of 1/8th of 1% of the outstanding principal of the debt. This amounts to approximately $100,000 in new money to the City each year. St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 2 of 18 Park Nicollet Health Services will also be required to submit a payment in the amount of $11,700.75 at the closing of the bonds. This payment is to reimburse the City for the interest rate difference between issuing the 2003 GO Bonds as “non-bank qualified” versus “bank qualified. Recommendation: Staff recommends approval of the resolutions authorizing the issuance of $85,000,000 of Private Activity Revenue Bonds and $205,000,000 of Private Activity Revenue Refunding Bonds. Attachments: Resolution - Revenue Refunding Bonds Resolution - Revenue Bonds Prepared By: Jean D. McGann, Director of Finance Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 3 of 18 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 03-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS REVENUE REFUNDING BONDS FOR THE BENEFIT OF PARK NICOLLET HEALTH SERVICES, METHODIST HOSPITAL, PARK NICOLLET INSTITUTE, PARK NICOLLET CLINIC, AND PNMC HOLDINGS; PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE BOND INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE REFUNDING BONDS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE REFUNDING BONDS WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), the City is authorized to issue revenue bonds for the following purposes: (i) to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as including any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and (ii) to refund, in whole or in part, bonds previously issued by the City under the authority of the Act and interest on such bonds; and WHEREAS, Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota nonprofit corporation, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), have submitted an application to the City requesting the issuance by the City of revenue bonds pursuant to the Act (the “Bonds”), in the approximate aggregate principal amount not to exceed $290,000,000, for the following purposes: (i) to finance (A) the construction and equipping of its Heart and Vascular Center at Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 4 of 18 computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 North Central Avenue in the City of Wayzata, Minnesota (collectively, the “Project”); (ii) to redeem and prepay the outstanding principal amount of (A) the Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-B, issued by the City on November 15, 1990, (B) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993A (Fixed Rate), issued by the City on September 30, 1993, (C) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993B (Variable Auction Rate), issued by the City on September 30, 1993; and (D) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993C (Inverse Variable Auction Rate), issued by the City on September 30, 1993 (collectively, the “Prior Bonds”); and (iii) to fund a reserve fund to secure the payment of the principal of and interest on the Bonds and to finance the costs of issuing the Bonds; and WHEREAS, following the publication of a notice (the “Public Notice”) of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the facilities to be financed and refinanced with the proceeds of the Bonds, and the location of the facilities to be financed with the proceeds of the Bonds by street address) in a newspaper circulating generally in the City at least fourteen (14) days before the regularly-scheduled meeting of the City Council of the City on September 15, 2003, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project, the redemption and prepayment of the Prior Bonds, and the proposed issuance of the Bonds; and WHEREAS, the Bonds to be issued to refund the Prior Bonds will be issued under a Bond Trust Indenture, dated on or after September 1, 2003 (the “Bond Indenture”), between the City and Wells Fargo Bank Minnesota, National Association, as trustee (the “Bond Trustee”), and will be designated the Health Care Facilities Revenue Refunding Bonds (Park Nicollet Health Services), Series 2003A, Periodic Auction Reset Securities (PARS) (the “Refunding Bonds”), subject to such changes in such designation as elected by the Obligated Group with the consent of the City; and WHEREAS, the proceeds derived from the sale of the Refunding Bonds will be loaned to the Obligated Group pursuant to the terms of a Loan Agreement, dated on or after September 1, 2003 (the “Loan Agreement”), between the City and the Obligated Group, and will be applied, together with other available funds of the Obligated Group, to the redemption and prepayment of St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 5 of 18 the Prior Bonds, the funding of a reserve fund to secure the Bonds, and the payment of certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, in consideration of the loan by the City of the proceeds of the Refunding Bonds to the Obligated Group and to secure the payment of the principal of, premium, if any, and interest on the Refunding Bonds when due, the Obligated Group will issue a supplemental note (the “Supplemental Note”) to the City pursuant to a Supplemental Indenture, dated on or after September 1, 2003 (the “Supplemental Indenture”) to a Master Trust Indenture (the “Master Indenture”), between the Obligated Group and Wells Fargo Bank Minnesota, National Association, as master trustee (the “Master Trustee”), which will be in the same aggregate principal amount and bear interest at the same rates as the Refunding Bonds, will have redemption provisions corresponding to those of the Refunding Bonds, and will be payable in installments equal to the maturities and mandatory redemptions of the Refunding Bonds; and WHEREAS, the loan repayments required to be made by the Obligated Group under the terms of the Loan Agreement will be assigned to the Bond Trustee under the terms of the Bond Indenture and the Supplemental Note will be assigned by the City to the Bond Trustee under the terms of the Bond Indenture; and WHEREAS, payment of the principal of and interest on all or a portion of the Bonds may be guaranteed by a financial guaranty insurance policy (the “Bond Insurance Policy”) issued by Ambac Assurance Corporation, or another municipal bond insurance company selected by the Obligated Group with the consent of the City (the “Bond Insurer”), concurrently with the issuance of the Bonds; and WHEREAS, the Refunding Bonds and the interest and any premium on the Refunding Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that: (i) the issuance of the Refunding Bonds is authorized by the Act; (ii) the application of the proceeds of the Refunding Bonds to the redemption and prepayment of the Prior Bonds, the funding of a reserve fund to secure the Bonds, and the payment of certain expenses incurred in connection with the issuance of the Bonds is consistent with and furthers the purposes of the Act; and (ii) the facilities refinanced with the proceeds of the Refunding Bonds constitute a “project” within the meaning of Section 469.153, subdivision 2(b) and (d), of the Act. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Refunding Bonds in one or more series in the approximate aggregate principal St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 6 of 18 amount of $205,000,000. The Refunding Bonds shall bear interest at variable rates established on such dates and in accordance with the terms of the Bond Indenture or may be issued, in whole or in part, or converted to Refunding Bonds that bear interest at fixed rates in accordance with the terms of the Bond Indenture. The Refunding Bonds shall be designated, 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 terms, details, and provisions as are prescribed in the Bond Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Refunding 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. All of the provisions of the Refunding Bonds, 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 Refunding Bonds shall be substantially in the form or forms set forth in the Bond Indenture, which form or forms are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the name of the Refunding Bonds, the aggregate principal amount of the Refunding Bonds, the stated maturities of the Refunding Bonds and the maturity dates of the Refunding Bonds, the initial interest rates on the Refunding Bonds and the terms for determining the variable rates or the fixed rates on the Refunding Bonds, and the terms of optional and mandatory redemption of the Refunding Bonds) as the Mayor of the City and the City Manager of the City (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution of the Refunding Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Refunding Bonds by the City shall be conclusive evidence of such determination. 3. The Refunding Bonds shall be special limited obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Bond Indenture and the Loan Agreement, and the principal, premium, and interest on the Refunding Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Obligated Group pursuant to the terms of the Loan Agreement and the Supplemental Note, and other funds pledged pursuant to the Bond Indenture. The Refunding Bonds shall also be secured by the Reserve Fund established by the terms of the Bond Indenture and funded with a portion of the proceeds of the Bonds (the “Reserve Fund”). The Refunding Bonds may also be secured by the Bond Insurer pursuant to the terms of the Bond Insurance Policy. 4. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Bond Indenture, and to deliver to the Bond Trustee the Bond Indenture, and hereby authorizes and directs the execution of the Refunding Bonds in accordance with the terms of the Bond Indenture, and hereby provides that the Bond Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Refunding Bonds, the City and the Bond Trustee as set forth therein. All of the provisions of the Bond 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 St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 7 of 18 Bond Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 5. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and the Bond Purchase Agreement, dated on or after September 15, 2003 (the “Bond Purchase Agreement”), between Goldman, Sachs & Co. (the “Underwriter”), the City, and the Obligated Group. All of the provisions of the Loan Agreement and 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 Loan Agreement and the Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6. The Bond Trustee is hereby appointed as the initial Paying Agent, Bond Registrar, and Tender Agent with respect to the Refunding Bonds. 7. In order to provide for the determination of the variable interest rates on the Refunding Bonds, the Bond Trustee is hereby authorized to enter into an Auction Agreement, dated on or after September 1, 2003 (the “Auction Agreement”), between the Trustee and Wilmington Trust Company (or another financial institution selected by the Obligated Group with the consent of the City), as auction agent (the “Auction Agent”). The Bond Trustee is also authorized to take such other actions as are required by the terms of the Bond Indenture to provide for the determination of the variable rates on the Refunding Bonds and to give effect to the auction procedures set forth in the Bond Indenture. In order to give effect to the auction procedures set forth in the Bond Indenture, the City hereby approves the execution and delivery of the Broker-Dealer Agreement, dated on or after September 1, 2003 (the “Broker-Dealer Agreement”), between the Auction Agent, the Underwriter, and the Obligated Group. The Auction Agreement and the Broker-Dealer Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as are agreed to by the parties thereto. 8. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Refunding Bonds, including a Tax Certificate, a Tax Exemption Agreement, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Refunding Bonds. The City hereby approves the execution and delivery by the Bond Trustee of the Bond Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 8 of 18 the Refunding Bonds that require execution by the Bond Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Refunding Bonds. 9. The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Refunding Bonds (the “Official Statement”), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Refunding Bonds of the Official Statement. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Refunding Bonds. The City hereby approves the Continuing Disclosure Agreement, dated on or after September 1, 2003 (the “Continuing Disclosure Agreement”), to be executed and delivered by the Obligated Group and the Bond Trustee, in the form now on file with the City. 10. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Refunding Bonds shall be liable personally on the Refunding Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Refunding Bonds or in any other document relating to the Refunding Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement and the Supplemental Note which are to be applied to the payment of the Refunding Bonds, as provided therein and in the Bond Indenture. 11. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Refunding Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 9 of 18 and exclusive benefit of the City and any holder from time to time of the Refunding Bonds issued under the provisions of this resolution. 12. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Refunding 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 Refunding Bonds, but this resolution, the aforementioned documents, and the Refunding Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13. The Refunding Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Refunding Bonds and the regularity of the issuance thereof, and that 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 Refunding Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 14. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Refunding Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Refunding Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. 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 by any person delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 15. The City understands that the Obligated Group will pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Refunding Bonds are issued. 16. The City acknowledges that the Obligated Group is proposing to enter into an interest rate swap agreement with respect to the Bonds. The City hereby authorizes such interest rate swap agreement with the understanding that the interest rate swap agreement does not affect or alter the obligations of the Obligated Group pursuant to the Loan Agreement or the Supplemental Note and with the further understanding that neither the City nor the owners of the Refunding Bonds shall have any rights or obligations under the interest rate swap agreement. 17. This resolution shall be in full force and effect from and after its passage. St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 10 of 18 Adopted by the City Council of the City of St. Louis Park, Minnesota, this September 15, 2003. (Insert Signature Block Here) St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 11 of 18 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS REVENUE BONDS FOR THE BENEFIT OF PARK NICOLLET HEALTH SERVICES, METHODIST HOSPITAL, PARK NICOLLET INSTITUTE, PARK NICOLLET CLINIC, AND PNMC HOLDINGS; PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE BOND INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE BONDS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE BONDS WHEREAS, the City of St. Louis Park, Minnesota (the “City”), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), the City is authorized to issue revenue bonds for the following purposes: (i) to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a project, defined in the Act as including any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities; and (ii) to refund, in whole or in part, bonds previously issued by the City under the authority of the Act and interest on such bonds; and WHEREAS, Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota nonprofit corporation, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), have submitted an application to the City requesting the issuance by the City of revenue bonds pursuant to the Act (the “Bonds”), in the approximate aggregate principal amount not to exceed $290,000,000, for the following purposes: (i) to finance (A) the construction and equipping of its Heart and Vascular Center at Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 12 of 18 installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 North Central Avenue in the City of Wayzata, Minnesota (collectively, the “Project”); (ii) to redeem and prepay the outstanding principal amount of (A) the Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-B, issued by the City on November 15, 1990, (B) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993A (Fixed Rate), issued by the City on September 30, 1993, (C) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993B (Variable Auction Rate), issued by the City on September 30, 1993; and (D) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993C (Inverse Variable Auction Rate), issued by the City on September 30, 1993 (collectively, the “Prior Bonds”); and (iii) to fund a reserve fund to secure the payment of the principal of and interest on the Bonds and to finance the costs of issuing the Bonds; and WHEREAS, following the publication of a notice (the “Public Notice”) of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the facilities to be financed and refinanced with the proceeds of the Bonds, and the location of the facilities to be financed with the proceeds of the Bonds by street address) in a newspaper circulating generally in the City at least fourteen (14) days before the regularly-scheduled meeting of the City Council of the City on September 15, 2003, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project, the redemption and prepayment of the Prior Bonds, and the proposed issuance of the Bonds; and WHEREAS, the Bonds to be issued to finance the Project will be issued under a Bond Trust Indenture, dated on or after September 1, 2003 (the “Bond Indenture”), between the City and Wells Fargo Bank Minnesota, National Association, as trustee (the “Bond Trustee”), and will be designated the Health Care Facilities Revenue Bonds (Park Nicollet Health Services), Series 2003B, Periodic Auction Reset Securities (PARS) (the “Project Bonds”), subject to such changes in such designation as elected by the Obligated Group with the consent of the City; and WHEREAS, the proceeds derived from the sale of the Project Bonds will be loaned to the Obligated Group pursuant to the terms of a Loan Agreement, dated on or after September 1, 2003 (the “Loan Agreement”), between the City and the Obligated Group, and will be applied in accordance with the terms of the Loan Agreement and the Bond Indenture, together with other available funds of the Obligated Group, to the acquisition, construction, and equipping of the St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 13 of 18 Project, the funding of a reserve fund to secure the Bonds, and the payment of certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, in consideration of the loan by the City of the proceeds of the Project Bonds to the Obligated Group and to secure the payment of the principal of, premium, if any, and interest on the Project Bonds when due, the Obligated Group will issue a supplemental note (the “Supplemental Note”) to the City pursuant to a Supplemental Indenture, dated on or after September 1, 2003 (the “Supplemental Indenture”) to a Master Trust Indenture (the “Master Indenture”), between the Obligated Group and Wells Fargo Bank Minnesota, National Association, as master trustee (the “Master Trustee”), which will be in the same aggregate principal amount and bear interest at the same rates as the Project Bonds, will have redemption provisions corresponding to those of the Project Bonds, and will be payable in installments equal to the maturities and mandatory redemptions of the Project Bonds; and WHEREAS, the loan repayments required to be made by the Obligated Group under the terms of the Loan Agreement will be assigned to the Bond Trustee under the terms of the Bond Indenture and the Supplemental Note will be assigned by the City to the Bond Trustee under the terms of the Bond Indenture; and WHEREAS, payment of the principal of and interest on all or a portion of the Project Bonds may be guaranteed by a financial guaranty insurance policy (the “Bond Insurance Policy”) proposed to be issued by Radian Asset Assurance Inc., or another municipal bond insurance company selected by the Obligated Group with the consent of the City (the “Bond Insurer”), concurrently with the issuance of the Project Bonds; and WHEREAS, the Project Bonds and the interest and any premium on the Project Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Project and the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that: (i) the issuance of the Project Bonds is authorized by the Act; (ii) the application of the proceeds of the Project Bonds to the acquisition, construction, and equipping of the Project, the funding of a reserve fund to secure the Bonds, and the payment of certain expenses incurred in connection with the issuance of the Bonds is consistent with and furthers the purposes of the Act; and (ii) the facilities financed with the proceeds of the Project Bonds constitute a “project” within the meaning of Section 469.153, subdivision 2(b) and (d), of the Act. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Project Bonds in one or more series in the approximate aggregate principal St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 14 of 18 amount of $85,000,000. The Project Bonds shall bear interest at variable rates established on such dates and in accordance with the terms of the Bond Indenture or may be issued, in whole or in part, or converted to Project Bonds that bear interest at fixed rates in accordance with the terms of the Bond Indenture. The Project Bonds shall be designated, 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 terms, details, and provisions as are prescribed in the Bond Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Project 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. All of the provisions of the Project Bonds, 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 Project Bonds shall be substantially in the form or forms set forth in the Bond Indenture, which form or forms are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the name of the Project Bonds, the aggregate principal amount of the Project Bonds, the stated maturities of the Project Bonds and the maturity dates of the Project Bonds, the initial interest rates on the Project Bonds and the terms for determining the variable rates or the fixed rates on the Project Bonds, and the terms of optional and mandatory redemption of the Project Bonds) as the Mayor of the City and the City Manager of the City (the “Mayor” and “City Manager”), in their discretion, shall determine. The execution of the Project Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Project Bonds by the City shall be conclusive evidence of such determination. 3. The Project Bonds shall be special limited obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Bond Indenture and the Loan Agreement, and the principal, premium, and interest on the Project Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Obligated Group pursuant to the terms of the Loan Agreement and the Supplemental Note, and other funds pledged pursuant to the Bond Indenture. The Project Bonds shall also be secured by the Reserve Fund established by the terms of the Bond Indenture and funded with a portion of the proceeds of the Bonds (the “Reserve Fund”). The Project Bonds may also be secured by the Bond Insurer pursuant to the terms of the Bond Insurance Policy. 4. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Bond Indenture, and to deliver to the Bond Trustee the Bond Indenture, and hereby authorizes and directs the execution of the Project Bonds in accordance with the terms of the Bond Indenture, and hereby provides that the Bond Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Project Bonds, the City and the Bond Trustee as set forth therein. All of the provisions of the Bond 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 Bond Indenture shall be substantially in the form on file with the City, which is hereby approved, St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 15 of 18 with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 5. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and the Bond Purchase Agreement, dated on or after September 15, 2003 (the “Bond Purchase Agreement”), between Goldman, Sachs & Co. (the “Underwriter”), the City, and the Obligated Group. All of the provisions of the Loan Agreement and 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 Loan Agreement and the Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6. The Bond Trustee is hereby appointed as the initial Paying Agent, Bond Registrar, and Tender Agent with respect to the Project Bonds. 7. The proceeds of the Project Bonds shall be disbursed for the payment of the costs of the Project in accordance with the terms of the Bond Indenture and the Loan Agreement; provided, however, that the proceeds of the Project Bonds shall not be disbursed for any purpose (other than the payment of the costs of issuing the Project Bonds) prior to the date of approval by the City Council of the City of the planned unit development application submitted by one or more of the Obligated Group with respect to the Project. 8. In order to provide for the determination of the variable interest rates on the Project Bonds, the Bond Trustee is hereby authorized to enter into an Auction Agreement, dated on or after September 1, 2003 (the “Auction Agreement”), between the Trustee and Wilmington Trust Company (or another financial institution selected by the Obligated Group with the consent of the City), as auction agent (the “Auction Agent”). The Bond Trustee is also authorized to take such other actions as are required by the terms of the Bond Indenture to provide for the determination of the variable rates on the Project Bonds and to give effect to the auction procedures set forth in the Bond Indenture. In order to give effect to the auction procedures set forth in the Bond Indenture, the City hereby approves the execution and delivery of the Broker- Dealer Agreement, dated on or after September 1, 2003 (the “Broker-Dealer Agreement”), between the Auction Agent, the Underwriter, and the Obligated Group. The Auction Agreement and the Broker-Dealer Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as are agreed to by the parties thereto. 9. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Project Bonds, including a Tax Certificate, St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 16 of 18 a Tax Exemption Agreement, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Project Bonds. The City hereby approves the execution and delivery by the Bond Trustee of the Bond Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Project Bonds that require execution by the Bond Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Project Bonds. 10. The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Project Bonds (the “Official Statement”), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Project Bonds of the Official Statement. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Project Bonds. The City hereby approves the Continuing Disclosure Agreement, dated on or after September 1, 2003 (the “Continuing Disclosure Agreement”), to be executed and delivered by the Obligated Group and the Bond Trustee, in the form now on file with the City. 11. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Project Bonds shall be liable personally on the Project Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Project Bonds or in any other document relating to the Project Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement and the Supplemental Note which are to be applied to the payment of the Project Bonds, as provided therein and in the Bond Indenture. 12. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 17 of 18 any person or firm or corporation, other than the City or any holder of the Project Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Project Bonds issued under the provisions of this resolution. 13. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Project 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 Project Bonds, but this resolution, the aforementioned documents, and the Project Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 14. The Project Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Project Bonds and the regularity of the issuance thereof, and that 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 Project Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 15. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Project Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Project Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. 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 by any person delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 16. The City understands that the Obligated Group will pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Project Bonds are issued. 17. The City acknowledges that the Obligated Group is proposing to enter into an interest rate swap agreement with respect to the Project Bonds. The City hereby authorizes such interest rate swap agreement with the understanding that the interest rate swap agreement does not affect or alter the obligations of the Obligated Group pursuant to the Loan Agreement or the St. Louis Park City Council Agenda Item: 091503 - 6b - Public Hearing Park Nicollet Bonds Page 18 of 18 Supplemental Note and with the further understanding that neither the City nor the owners of the Project Bonds shall have any rights or obligations under the interest rate swap agreement. 18. At the election of the Obligated Group, with the consent of the Mayor and the City Manager on behalf of the City, a portion of the Project Bonds may be issued as a separate series of fixed-rate obligations (the “Fixed Rate Bonds”). The Fixed Rate Bonds shall have the same terms and security as the other Project Bonds (except for those provisions relating to the determination of interest rates). Notwithstanding the foregoing, however, the Fixed Rate Bonds may be issued under a separate Bond Trust Indenture (Fixed Rate), dated on or after September 1, 2003 (the “Fixed Rate Indenture”), between the City and the Bond Trustee, and the proceeds derived from the sale of the Fixed Rate Bonds may be loaned to the Obligated Group pursuant to the terms of a Loan Agreement (Fixed Rate), dated on or after September 1, 2003 (the “Fixed Rate Loan Agreement”), between the City and the Obligated Group. The Fixed Rate Bonds shall be sold pursuant to the terms of a Bond Purchase Agreement (Fixed Rate), dated on or after September 15, 2003 (the “Fixed Rate Purchase Agreement”), between the Underwriter, the City, and the Obligated Group. The Fixed Rate Indenture, the Fixed Rate Loan Agreement, and the Fixed Rate Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 19. This resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of St. Louis Park, Minnesota, this September 15, 2003. (Insert Signature Block Here) St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 1 of 8 6c. Public Hearing - Edgewood Tax Increment Finance District This report considers a resolution establishing the Edgewood Tax Increment Financing District (a soils condition district) within Redevelopment Project No. 1. Recommended Action: Motion to close public hearing. Motion to adopt the resolution modifying Redevelopment Project No. 1 and establishing the Edgewood Tax Increment Financing District and adopting a Tax Increment Financing Plan therefor. Background Real Estate Recycling (RER) wishes to cleanup and redevelop 5.78 acres at 2401 Edgewood Ave. Plans call for the demolition of the existing 105,336 square foot industrial building, removal of approximately 13,000 yards of contaminated soils in accordance with a MPCA- approved Response Action Plan (RAP), and constructing a single-story, 79,000 square foot office/warehouse building. The name of the proposed multi-tenant building is St. Louis Park Business Center. Approximately 15,800 square feet of the building would be used for office space and the remaining 63,200 square feet would be used for light manufacturing and warehouse. The developer has a lease commitment with a prospect company for 50,000 – 60,000 square feet of space. In order to secure this tenant, the building must be completed within the first quarter of 2004. The developer also has strong interest from several other prospective tenants for the remainder of the space. Planning Approvals This redevelopment project is subject to all planning and zoning requirements including a Conditional Use Permit (CUP) for the excavation of approximately 13,000 cubic yards of contaminated soils which was approved by the Council September 2nd. TIF District Approvals The EDA/Council reviewed a preliminary TIF application from Real Estate Recycling at its July 28, 2003 study session where it was favorably received. At its August 4th meeting, the Council set a public hearing date of September 15, 2003 for the proposed Soils Condition TIF District. The Planning Commission reviewed the Tax Increment Financing Plan on August 20th and found that it was in conformance with the City’s Comprehensive Plan. Attached is a copy of the Tax Increment Financing Plan for the establishment of Edgewood Tax Increment Financing District within Redevelopment Project No. 1. St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 2 of 8 Synopsis of the Proposed TIF District The Edgewood TIF District consists of a single property located at 2401 Edgewood Ave S. A map of the Edgewood TIF District is provided in the attached TIF Plan. Edgewood Investors LLC (Real Estate Recycling) is requesting $600,000 in TIF assistance for a period not to exceed 17 years (whichever comes first). Provided the developer’s low interest loan with Hennepin County is approved, it is likely that the project will pay off the TIF Note considerably sooner than 17 years. Property Value The property, as contaminated, has an assessed value of $1 million. The costs of demolition, cleanup, and building cap exceed $2.4 million. After the proposed redevelopment is completed the property will have an estimated market value of nearly $4.7 million. Currently, the property generates $36,687 in property taxes. The projected property tax on the site after the proposed redevelopment has occurred would be approximately $177,500. Duration of the District As authorized by statute, the duration of soils condition districts is 20 years after receipt of the first increment by the City (a total of 21 years of tax increment). The date of receipt by the City of the first full tax increment is expected in 2006. Thus, it is estimated that the District would terminate after 2026, or when the TIF plan is satisfied. If increment is received in 2005, the term of the District will be 2025. The EDA and City have the right to decertify the District prior to the legally required date. Fiscal Disparities Election In keeping with the City’s TIF Policy, the District will contribute to fiscal disparities. Findings In meeting the statutory criteria the EDA and City can rely on the following facts and findings: • The District is a soils condition district consisting of one parcel of 251,748 square feet. • The current taxable market value of the property is $1,000,000 and the costs of demolition and cleanup are over $2,445,000. • The District does not contain any parcel that was delinquent for taxes payable in any of the five calendar years before the filing of the request for certification of the District. St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 3 of 8 Recommendation Upon review and approval of the EDA’s financial and legal consultants, staff recommends approval of the attached resolution establishing the Edgewood TIF District as presented. Attachments: • Resolution • TIF Plan Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Tom Harmening, Community Development Director Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 4 of 8 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 03-119 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING THE EDGEWOOD TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the City of St. Louis Park (the "EDA") has heretofore established Redevelopment Project No. 1 and adopted a Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and establish the Edgewood Tax Increment Financing District (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the, the ''Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Plans and has caused the Plans to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of County of Hennepin and Independent School District No. 283 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the ''Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include environmental studies, data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 5 of 8 ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of Redevelopment Project No. 1. Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of the Edgewood Tax Increment Financing District. 3.01. The Council hereby finds that the District is a "soils district" under Minnesota Statutes, Section 469.174, Subd. 19. 3.02. The Council further finds that the proposed removal or remediation action would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act. The Plans will help clean up a heavily polluted site and improve public health and welfare. The re-use of the site will create new commercial uses, provide employment opportunities, and improve the tax base. The City expressly finds that any private benefit to be received by the developer is incidental, as financial estimates of demolishing the building and cleaning up the site, in accordance with Minnesota Rules and Federal Regulations, make the proposed project cost prohibitive without substantial public assistance from several funding agencies and thus St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 6 of 8 produce the public benefits described. Therefore, the City finds that the public benefits of the Plans exceed any private benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Economic Development Coordinator. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County (the "Auditor") is requested to certify the original net tax capacity of the District, as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City is authorized and directed to forthwith transmit this request to the Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Economic Development Coordinator is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. Reviewed for Administration: Adopted by the City Council September 15, 2003 _________________________________ ____________________________________ City Manager Mayor ATTEST: __________________________________ (Seal) City Clerk St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 7 of 8 EXHIBIT A RESOLUTION NO. ___________ The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for the Edgewood Tax Increment Financing District, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the Edgewood Tax Increment Financing District is a soils condition district as defined in M.S., Section 469.174, Subd. 19. The District consists of one parcel that contains the presence of hazardous substances, pollution, or contaminants and requires removal or remedial action for use. The estimated cost of the proposed removal and remedial action exceeds the fair market value of the land before completion of the preparation. The taxable market value is $1,000,000 and costs of cleanup are far in excess of $1,000.000. The MPCA has approved the Response Action Plan (RAP) for cleaning up and managing the various contamination on the site. Financial estimates of demolishing the building and cleaning up the site, in accordance with Minnesota Rules and Federal Regulations, make the proposed project cost prohibitive without substantial public assistance from several funding agencies. (See Appendix E of the TIF Plan). 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the Edgewood Tax Increment Financing District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the site is contaminated with lithium-tainted waste materials. The RAP includes the demolition of the existing site structures and construction of a single-story, multi-tenant, office/warehouse building of approximately 79,000 s.f. The City has analyzed a proforma submitted by the developer, which, in the City's opinion, demonstrates that the cost of cost of removal or remedial action make the proposed redevelopment infeasible without the tax increment assistance provided under this plan The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is supported by the fact that the site's current property owner has a "No Association" letter from the MPCA and is not responsible for cleaning up the lithium-related St. Louis Park City Council Agenda Item: 091503 - 6c - Edgewood TIF Creation Page 8 of 8 waste products generated by previous owners, who no longer exist. The assessed market value has declined 55% due to the extensive contamination on the site. The only way that the market value of the site would increase is through removal or remedial action similar to that proposed in this TIF Plan. Any such removal or remedial action would need to address the same issues that confront the proposed developer. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0. b. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $3,695,600. c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $1,220,492. (See Appendix F in the TIF Plan) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $2,475,108 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the Tax Increment Financing Plan for the Edgewood Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for Edgewood Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The project to be assisted by the District will result in the clean up of a heavily polluted site, improve public safety, preserve and enhance the tax base, and provide employment opportunities in the City. St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 1 of 6 7a. First Reading of an Ordinance amending Ordinance No. 2097 of the St. Louis Park Code of Ordinances relating to Snow Removal Parking Restrictions, revising effective accumulation depth, restricted parking hours, and parking enforcement procedures. Recommended Action: Motion to approve First Reading of proposed Ordinance Code text amendments related to Snow Removal Parking Restrictions and set Second Reading for October 7, 2003. BACKGROUND: The current snow removal program was implemented in the fall of 1997. The program includes a City ordinance restricting parking on city streets between 8:00 a.m. and 5:00 p.m. when snow accumulation exceeds 2 inches. The parking restriction was implemented to increase the safety and efficiency of plowing operations. The current ban has demonstrated there is adequate off-street parking for residents (a limited number of permits and exempt areas are required). Plowing streets cleared of vehicles increases visibility and operating room—creating a safer environment for our drivers, our residents and their vehicles. Plowing efficiency improves because plows can maintain speeds, leave their wings down, and avoid maneuvering around parked cars. When plows avoid maneuvering around cars, there is no need for additional “clean- up” passes down a street. Reducing clean-up passes also reduces the subsequent plowing-in of residential driveways and sidewalks—a very common complaint received by staff. To date, staff has received 8 phone calls and 3 e-mails in response to the Aug/Sept Park Perspective. PROPOSED ORDINANCE AMENDMENTS: Eliminate the 8:00 a.m. to 5:00 p.m. restriction on parking ban—provides greater efficiency and responsiveness. The 8:00 a.m. start of the ban limited the time plows could begin clearing neighborhood streets. Drivers waited until at least 8:00 a.m. to avoid plowing-in residents trying to get to work. When drivers did begin clearing the neighborhoods, they found themselves inconveniencing residents by plowing-in cleared sidewalks and driveways. Removing the 8:00 a.m. start would enable drivers to clear most neighborhood streets before the morning commute (without plowing-in cleared sidewalks and driveways). The new policy does not eliminate permits or exempt areas. Change effective accumulation depth from 2 inches to 3 inches—no need to restrict parking to clear a 2-inch snowfall. Parking restrictions are not necessary to clear a 2-inch “nuisance” snowfall. Drivers found that windrows created from clearing a 2-inch snowfall did not significantly plow-in vehicles. Changing the ban to 3 inches would reduce the inconvenience to residents and still create safe and efficient plowing conditions for clearing significant snowfalls. Crews would still clear less than a 3-inch snowfall, but without the ban being in effect. Most St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 2 of 6 residential streets/sidewalks cleared before morning commute with less plowing-in of vehicles and driveways. Residents can still park on the street after it has been plowed curb to curb. Transfer responsibility for parking enforcement back to the Police Department—most effective means of providing consistent enforcement. More consistent enforcement of Parking Restrictions is necessary. Staff believes residents are more apt to park off-street when parking restrictions are consistently enforced. Public Works and the Police Department determined the most effective means of providing consistent enforcement would be for the Police Department to do the enforcement every time snow restrictions go into effect. At times, this may require calling in extra police officers (on overtime) for special assignment to parking enforcement. ISSUES / CONCERNS: Availability of Off-Street Parking: The primary concern voiced by residents is there is not enough off-street parking to require that all cars be off the street overnight. In every case, residents were satisfied to hear that sufficient parking permits were available (free of charge) to enable every household to park two cars off the street. In other words, if no off-street parking is available the resident would receive two free permits; if space for one car parked off-street is available, the resident would receive one free permit. Residents were agreeable to paying a fee for permits beyond the two car limit. Consistent Enforcement: The second most common concern voiced by residents is the consistency of enforcement. Residents feel if they are accepting the inconvenience of moving their cars off the street in compliance with the parking restrictions, then they want those who do not comply to be ticketed (and towed as necessary). Staff recognizes the need for increased consistency in enforcement. Consistent enforcement is the major reason parking enforcement was transferred to the Police Department. Effective Depth: The current proposal is to change the effective depth from a 2” accumulation to a 3” accumulation. All residents who commented on the effective depth (all had adequate off- street parking) were in favor of keeping the effective depth at 2 inches. Although crews will still clear accumulations less than 3 inches, staff is in favor of keeping the effective depth of the parking ban at 3 inches. Windrows created from a 2” snowfall do not immobilize parked cars and logistical issues would force consistency of enforcement to drop dramatically if the Police Department ticketed after every 2” snowfall. Confusion Over Ban’s Status: Some residents voiced concern over knowing the status of the parking ban if it changes over night. Staff recommends against parking in the street anytime snow is predicted, regardless of predicted depth or timing. The current status of the ban will always be available via the Winter Parking Hotline. Residents calling the hotline will hear one of three standard messages (abbreviated below): St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 3 of 6 • The parking ban is not in effect and not predicted to go into effect in the next 24 hours, minimal risk for parking in the street. • The parking ban is not currently in effect, but snowfall is predicted in the next 24 hours, recommend against parking in the street. • The parking ban is now in effect, vehicles parked in the street are subject to tagging/towing. NEXT STEPS: The tentative schedule below shows past actions in this process and necessary future steps in pursuing the proposed snow removal program changes. Next immediate steps are bolded below. In addition to the Ordinance changes proposed, it will be necessary to rescind and adopt the resolutions referred to below as they refer to the 8:00 a.m. to 5:00 p.m. parking ban which is proposed to be ended. The new resolutions will be consistent with the new Ordinance requirements. Resolution details will be provided at second reading. Budget reviews April/May 2003 Study Session August 11, 2003 First Reading, Set Second Reading September 15, 2003 Second Reading, Adopt Ordinance, Authorize Summary Publication October 7, 2003 Rescind Resolutions: October 7, 2003 97-115: Exceptions to Ordinance (by map) 97-116: Parking Permits and Fee Adopt Resolutions: October 7, 2003 Exceptions to Ordinance (by map) Parking Permits and Fee Publish Summary October 15, 2003 Ordinance Effective Date (15 days) October 29, 2003 ATTACHMENT: Redline of Proposed Snow Removal Parking Restrictions Ordinance Prepared By: Mark P. Hanson, PW Operations Superintendent Kirk DiLorenzo, Police Captain Reviewed By: Tom Scott, City Attorney Through: Michael P. Rardin, Director of Public Works John Luse, Police Chief Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 4 of 6 ORDINANCE NO. ___________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING SNOW REMOVAL PARKING RESTRICTIONS AMENDING ST. LOUIS PARK ORDINANCE CODE SECTION 10-315 THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St Louis Park Ordinance Code, Section 10-315 is hereby amended to read as follows: (1) Definition of Street: Street as used in this section shall mean the entire right-of-way, including sidewalks, boulevards, curb and gutter as well as the traveled portion of any City street, alley, highway, thoroughfare, county road, or state highway within the City of St. Louis Park. (2) Snow Fall Parking Restrictions: (a) Except as provided in Subparagraph (b) and (c) herein, no person shall park a vehicle on any public street anytime after a snowfall of three (3) inches or more has accumulated, until the street has been plowed curb to curb. (b) The City Council will establish by resolution the public streets which are not subject to the snowfall parking ban. The exempted streets will generally be non-residential streets and residential streets without off- street parking. (c) The City Manager or designee is authorized to issue parking permits allowing on-street parking adjacent to the permittee’s residence when the snow fall parking ban is in effect. The permits may only be issued to City residents who do not have off-street parking available to them. Each permit will be issued for an identified vehicle and must be displayed in the vehicle. No more than two vehicle permits will be issued for each residential dwelling unit, except as provided in subparagraph (d) herein. (d) In addition to permits authorized in subparagraph (c) herein, the City Council may by resolution authorize the issuance of parking permits allowing on-street parking adjacent to the permittee’s residence when the snowfall parking ban is in effect. The additional permits may be allowed by resolution when either the residential dwelling does not St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 5 of 6 have adequate off-street parking or does not have any off-street parking and permits for more than two vehicles is determined to be appropriate. The council shall establish the appropriate fee for these permits by resolution. (3) Obstruction of Street by Private Snow Plowing Removal Prohibited. No person shall deposit any snow or ice, plowed or removed from private property, onto a public street. (4) Parking Interference with Clean-Up Snowplowing. No person shall park any vehicle on a public street within 50 feet of any area of a public street which is unplowed after City equipment has previously plowed snow and ice from other portions of said street, nor otherwise park in such a manner as to interfere with City clean-up snowplowing operations. (5) Off-Street Parking Areas and Private Streets. No person who is an owner or manager of the premises shall allow or permit snow and ice accumulation in an area of required off-street parking under the provisions of the Zoning Ordinance or a special permit issued thereunder or private streets established under a special permit in such a manner as to reduce such private street area or the number of parking stalls available for such use, commencing 24 hours after the cessation of snowfall. (6) Special Posted Now Removal Parking Restrictions. In addition to the parking ban set forth in Subsection (2) herein, the City Manager or designee is authorized to post no parking signs for snow removal along public streets of the City where snow removal operations will require the use of the entire width of the street by snow plowing and removing the equipment. Such signs shall be posted at frequent intervals at least four (4) hours prior to the time when snow removal commences on the street so posted, and such signs shall be removed promptly after completion of the snow removal operation. Snow removal shall be done on any street so posted as soon as possible following a lapse of four (4) hours after posting the signs. No person shall park any vehicle, nor leave any vehicle which was parked at the time of posting for a period of more than two (2) hours thereafter, of any block on any street so posted during the time the said signs are posted thereon, and it shall be unlawful for any person other than an authorized representative of the City or Police Department of the City to remove said signs. (7) Snow Emergency. The City Manager or designee is authorized to declare a snow emergency and to impose parking restrictions on City streets as necessary in the event curbside snow accumulations cause streets to become impassable to emergency vehicles or snow removal equipment in conjunction with on-street parking. St. Louis Park City Council Agenda Item: 091503 - 7a - Snow Ordinance Page 6 of 6 (8) Towing of Vehicles. In addition to the penalty provision imposed for a violation of this section, vehicles parked on a public street in violation of any provision of this section may be towed and impounded. SECTION 2. This ordinance shall be effective fifteen (15) days after its passage and publication. St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 1 of 9 7b. Environmental Assessment Worksheet (EAW) and Authorization to Advertise for Bids for the Lamplighter Pond Flood Improvement Project, City Project No. 00-18 Recommended Action: Motion to adopt the attached resolution approving the EAW, finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW. Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of the flood improvement project. Background: In October, 2000, the City entered into a contract with WSB and Associates to develop storm water improvements for the Lamplighter Pond area. This project will provide flood relief by lowering the normal water level and expanding the storage area of Lamplighter Pond through excavation of the basin and shoreline, and by installing a supplemental lift station. One of the elements of the project was to complete an Environmental Assessment Worksheet (EAW) for the area. The EAW is mandatory, because the project affects wetlands or protected waters (4410.4300 Sub. 27). The State Environmental Quality Board administers the EAW rules. However, the City of St Louis Park is the Regulating Government Unit (RGU) responsible for making a determination regarding the adequacy of the EAW and potential need for a more in- depth environmental review (an EIS). An EIS is not mandatory for this project. However, according to the rules, “An EIS shall be ordered for projects that have the potential for significant environmental effects.” (4410.1700 Sub. 1) On August 4, 2003, the EAW was completed and authorized by the City for publication and distribution. The EAW was distributed to all of the required agencies, the Planning Commission, and to the City Council during its July 28, 2003 Study Session. The EAW has also been made available at City Hall for review. The required notice was published in the EQB Monitor on August 4, 2003. Notice of the EAW was also published in the SunSailor on August 7, 2003. Once the notice is published in the EQB and the EAW is distributed to certain agencies, a mandatory 30-day review period begins. The review period ended on September 3, 2003. On August 14, 2001, a neighborhood meeting was held to discuss the preliminary plans. As a result of this meeting, the plans were modified to reduce impacts to existing trees, open space, and park facilities. On July 23, 2003, a neighborhood meeting was held with the residents in the vicinity of 22nd Street, to address their concerns over flooding and project impacts. On August 27, 2003, a neighborhood-wide meeting, mailed to the entire Lamplighter Pond drainage area, was held. EAWs do not require a public hearing or mailed notice to neighbors. However, staff included information on the availability of the EAW for review in the August 27, 2003 meeting notice. The Planning Commission reviewed the EAW at their August 20, 2003 meeting. The Commission questioned staff on the desired outcomes of the project, the plan for additional St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 2 of 9 recreational uses, and commented on a possible re-shaping of the northerly shoreline. The Planning Commission recommended approval of the EAW, finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW subject to satisfactory response to all substantive and timely comments. The City Council makes the final determination on the need for an EIS (a more detailed environmental review normally reserved for much larger projects). The City Council must make its determination within 30 days after the close of the review period, unless the Council believes there is insufficient information to make such a determination. In that case, the Council may postpone the decision for up to 30 days in order to obtain the lacking information. Written & verbal comments on the EAW have been received from the Minnesota Department of Natural Resources, the Metropolitan Council, the Minnesota Department of Transportation, and local residents. The Minnesota Pollution Control Agency submitted a letter stating that they do not have adequate staffing available to review the EAW. WSB has responded to all comments in the Findings of Fact (see attached). WSB has also prepared the required Record of Decision (see attached). The comments and responses become part of the EAW record of decision. WSB and Associates will attend the City Council meeting to present the Lamplighter Pond plans and to summarize the EAW findings. Issues: Ø What are the criteria for the decision on the need for an EIS? Ø Have other anticipated future projects been included in the EAW analysis? Ø How will implementation of recommended mitigation measures occur? Ø What is the timeline for construction of the project? Ø What are the financial considerations associated with the project? Ø What other issues exist? Analysis of Issues: Ø What are the criteria for the decision on the need for an EIS? The EQB rules include the following criteria for the RGU’s decision regarding the potential for significant environmental effects (4410.1700 Sub. 7): A. type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 3 of 9 The City Council should address the criteria in its findings supporting its decision. The criteria have been referenced in the proposed resolution. Ø Have other anticipated future projects been included in the EAW analysis? Other anticipated future projects that may occur in the vicinity of the Lamplighter Pond project include an expansion of the Park Assembly of God Church, located at 1615 Texas Avenue South, and the expansion/renovation of the Junior High School’s athletic fields, located at 2025 Texas Avenue South. The proposed expansion of the Church property, based on a preliminary concept plan, has been reviewed by the City’s Planning and Zoning Supervisor. The most significant issue relates to fill in a floodplain to allow the expanded structure. The City is proposing to designate 0.3 to 0.5 acre-feet of storage in the newly created pond to accommodate the proposed expansion of the church. This designation would be recorded in the easement agreement between the City and the church. The expansion and renovation of the Junior High School’s athletic fields was taken into consideration when designing the overland swale and piping which is proposed to run from the intersection of 22nd Street and Pennsylvania Avenue to the pond. WSB has designed the swale and piping to avoid areas of future excavation by the school. An easement from the school will be necessary to construct the swale. Ø How will implementation of recommended mitigation measures occur? The recommended mitigation measures include providing sufficient erosion control during and after construction, providing the 35-foot buffer (no mow area) around the perimeter of the pond, preserving existing and/or replacing “lost” trees in conformance with the City’s Tree Preservation Ordinance, re-vegetating the site with appropriate native vegetation, and obtaining the necessary permits. These measures were based on comments received from the various commenting agencies and from residents. These measures will be implemented as part of the plan approval and construction. Ø What is the timeline for the project? A Conditional Use Permit (CUP) from the City is required since the project involves excavation in excess of 400 cubic yards. The Conditional Use Permit was continued at the September 3, 2003 Planning Commission meeting due to the fact that resolution on the church-owned property had not yet been achieved, (see additional information below). The CUP will likely be discussed again at the October 15, 2003 Planning Commission meeting. Staff does not anticipate any issues related to acquiring the CUP. A General Storm Water Appropriations permit is also required. WSB sponsored a review meeting with the various permitting agencies on September 10, 2003. It is anticipated that the necessary permits will be issued sometime after a decision on the EAW has been determined by the City. St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 4 of 9 The following table represents a projected timetable for the project. This timeline would be increased/modified significantly if the necessary permits cannot be readily obtained or if construction does not begin until next Spring. Comments on the EAW are compiled and the City Council determines the need for “No Further Action” September 15 City Council approves project and authorizes the acquisition of bids for construction September 15 Advertise for Bids September/October Finalize easement agreement with church September Planning Commission considers CUP October 15, 2003 City Council approves easement agreement with church October 6, 2003 Obtain necessary permits & easements October Bid Opening October 14, 2003 City Council to award contract October 20, 2003 Informational letter to adjacent residents regarding construction October Begin excavation November, 2003 Complete project grading and restoration August, 2004 Ø What are the financial considerations associated with the project? Estimated costs, based upon the proposed plans, have been refined. $1,500,000 was budgeted in the Capital Improvement Program for these improvements (including engineering, easements, etc.). The total estimated cost, at this time, is $1,483,037. A summary of the anticipated project costs follows: Estimated Costs: Item Cost Construction $999,122 Contingencies $176,315 Engineering (prelim. thru construction) $292,600 Easements $15,000 TOTAL $1,483,037 Revenue Sources: Storm Water Utility Fund $741,519 Mn/DNR Flood Improvement Grant $741,518 Total $1,483,037 Ø What other issues exist? A significant increase in the holding capacity of the pond will be achieved by creating additional storm water storage in an open area to the north of the existing pond. This land is not owned by the City but by the nearby Park Assembly of God church. In discussions with the church since project inception, they have been amenable to providing the City with an easement to excavate St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 5 of 9 this area for additional storm water storage as long as the land is not needed to meet any requirements for the planned expansion of their facility, i.e. open space. City staff have only recently resumed conversations with the church once the City Council had decided on a preferred direction for the overall project. On August 25, 2003, the church submitted a letter listing certain conditions for the issuance of an easement. As mentioned previously, the Planning and Zoning Supervisor has reviewed the preliminary concept plan to determine its feasibility from the City’s perspective. Based on these discussions, it has been determined that the church can issue an easement for the northerly lot without negative impact on their future expansion. However, this will require that the City designate 0.3 to 0.5 acre-feet of storage within the newly expanded pond to be used as mitigating floodplain for the future expansion. Several other conditions for consideration by the City are re-platting of all of the church property into one parcel, clarification on liability issues, removal of some trees along the west side of the church (in city right-of-way), and reimbursement of costs associated with the easement process. Staff is continuing in good-faith negotiations with the church along with assistance from the City Attorney. If a mutually acceptable agreement can be reached, it is staff’s intent to present this easement agreement to the City Council for consideration at their October 6, 2003 meeting. Concern has been raised over settlement of yards and structures as a result of proposed lowering of the pond elevation. The pond’s normal water level (NWL) is proposed to be lowered from 879.0 to 875.0. A Geotechnical Evaluation for the project was completed by Braun Intertec in October, 2001. Based on soil investigations and a groundwater drawdown study, it is anticipated that the range of the rate of peat decomposition in areas adjacent to the pond due to lowering the NWL is not anticipated to significantly change with this project. Peat will continue to decompose as it does in the area’s current conditions and soil settlement is more greatly affected by rainwater percolating through the soil than by limited change in the range of groundwater elevations. To further evaluate the project, the City anticipates continuing to monitor the existing piezometers around the pond during and after construction. WSB and staff have recently met with Braun Intertec and has asked them to expand upon their report to include a discussion on the settlement of yards and other non-supported structures such as driveways, stoops, etc. This report will be available at the September 15th meeting. In an effort to provide additional storm water storage, staff had included a possible small storage pond in the area south of Franklin Avenue at Pennsylvania Avenue. This area is low-lying open space currently. In discussions with the property owner, they indicated a desire to potentially expand in the future and, therefore, were not open to discussions with the City in converting this space to storm water storage. This area is crossed out on the attached site plan. Recommendation: 1. Staff and the Planning Commission recommend approval of the EAW, finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW. Since the comment period was not yet over, the Planning Commission made their St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 6 of 9 recommendation subject to satisfactory response by WSB to all substantive and timely comments. Staff recommends acceptance of the responses as satisfactory. 2. Staff recommends approval of the resolution which approves the plans and specifications and authorizes the advertisement for bids on this project. Attachments: Ø Resolution-EAW Ø Resolution-Authorization to Advertise for Bids Ø Memo from WSB & Associates re: EAW (Supplement) Ø Record of Decision Including Finding of Fact and Responses to Comments Received (Supplement) Ø Copies of Comments Received (Supplement) Ø Site Plan (Supplement) Prepared By: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 7 of 9 RESOLUTION NO. 03-120 A RESOLUTION APPROVING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT, AND REQUIRING CERTAIN MITIGATION FOR LAMPLIGHTER POND FLOOD IMPROVEMENT PROJECT CITY PROJECT NO. 00-18 WHEREAS, Minnesota Rules Part 4410.4300 Sub. 27 requires mandatory preparation of an EAW for projects affecting wetlands or protected waters; and WHEREAS, in October, 2000, the City Council approved a contract with WSB and Associates, Inc. for the Lamplighter Pond Flood Improvement project which included preparation of an EAW for the project; and WHEREAS, on August 27, 2003, a neighborhood meeting was held to discuss the proposed project; and WHEREAS, on August 4, 2003, an EAW for the Lamplighter Pond Flood Improvement project which proposed to provide flood relief by lowering the normal water level and expanding the storage area of Lamplighter Pond through excavation of the basin and shoreline, and by installing a supplemental lift station was completed by WSB & Associates, Inc. on behalf of the City and authorized for publication and distribution by the City Engineer; and WHEREAS, on July 28, 2003, a copy of the EAW was distributed to the City Council at a study session for their review; and WHEREAS, on August 4, 2003, copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) distribution list and other interested parties; a copy of the EAW were made available for review at City Hall; and WHEREAS, on August 4, 2003, notice of the availability of the EAW was published in the EQB Monitor and the thirty (30) day comment period commenced; and WHEREAS, on August 7, 2003, notice of the availability of the EAW was published in the St. Louis Park Sun Sailor; and WHEREAS, on August 20, 2003, the Planning Commission of the City of St. Louis Park considered the EAW and recommended approval of the EAW finding no need for an Environmental Impact Statement (EIS) and requiring certain mitigation as described in the EAW on a vote of 5-0 as set forth in the minutes of their meeting; and St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 8 of 9 WHEREAS, the thirty (30 ) day comment period officially ended on September 3, 2003 and the City of St. Louis Park responded to comments received by that date and will continue to respond to any additional comments for the project; and WHEREAS, on September 15, 2003, during its regular meeting, the City Council considered the contents of the EAW, written and verbal comments on the EAW, responses to comments, and findings of fact supporting a negative declaration on the need for an Environmental Impact Statement and requiring certain mitigation; and NOW THEREFORE BE IT RESOLVED THAT: 1. The City Council deems the Environmental Assessment Worksheet to be complete and adequate; 2. The EAW, the permitting process, and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental effects. 3. Areas where the potential for significant environmental effects may have existed have been identified, and appropriate mitigative measures will be incorporated into the project design and permits. The Lamplighter Pond Flood Improvement project is expected to comply with all the City of St. Louis Park standards and review agency standards. 4. Based on the criteria established in Minnesota R.4410.1700, this project does not have the potential for significant environmental effects. 5. An Environmental Impact Statement is not required. 6. The St. Louis Park City Council hereby adopts these findings and conclusions as such. Attest: Adopted by the City Council September 15, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 091503 - 7b - Lamplighter Pond EAW Page 9 of 9 RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE LAMPLIGHTER POND FLOOD IMPROVEMENT PROJECT CITY PROJECT NO. 00-18 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the construction of various segments of concrete sidewalk and bituminous trail in the area of the city identified as Year 3 in the Sidewalk, Trail, Bikeways and Crossing plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The plans and specifications for the making of the improvement, as prepared by WSB and Associates, Inc., are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 3. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the October 20, 2003 City Council meeting. Attest: Adopted by the City Council September 15, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 1 of 10 7c. Request of SLP Motors, LLC for a Final PUD to redevelop the Win Stephen Buick Pontiac property for Westside Volkswagen 2370 and 2440 State Highway 100 S Case Nos. 03-14-PUD Final PUD to allow the redevelopment of an automobile dealership, including replacing the building at 2370 TH 100, remodel the building at 2440 TH 100 and add a parking ramp at 2440 TH 100 deferred from September 2, 2003. Recommended Action: Motion to adopt resolution approving Final PUD subject to the conditions in the resolution. Current Zoning: C2 – General Commercial F2 - Floodplain Comprehensive Plan Designation: Commercial Background: On June 4, 2003, the Planning Commission held a public hearing regarding the Preliminary PUD with variances for the subject property. The Planning Commission continued the public hearing until June 18, when it recommended approval of the request on a vote of 4 to 0. The owner of the medical office building to the south provided the only public comment during the hearing. On July 7, 2003, the City Council approved the Preliminary PUD with variances for the subject property. Three variances were granted to accommodate the placement of the proposed parking ramp due to the residential adjacency and included: § reductions to setbacks for the parking ramp from residentially developed parcels, § increased parking ramp height, and § reduction in the required bufferyards and elimination of the requirement for a berm or berm wall. On August 6, 2003, the Planning Commission reviewed and recommended approval of the Final PUD. No one from the public spoke at the meeting. Subsequent to the Planning commission meeting staff has had more detailed discussion related to construction phasing issues (see last section of Issues Analysis). On September 2, 2003, the City Council discussed the proposed phasing issues and deferred the final PUD approval to September 15, 2003. Staff has met with the City Attorney and the applicant to work out details related to phasing and surety and these have been incorporated into the proposed resolution. St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 2 of 10 The subject property is located on the west side of State Highway 100 S. with frontage road access. The property received special permits to operate a motor vehicle sales lot (Stephens Buick) in 1962 and 1964 under a previous industrial zoning classification and prior to the delineation of the flood plain or adoption of flood plain regulations. There are currently a number of non-conformities on the site including parking setbacks, signage, and bufferyards. All of the existing signs will be removed, and the applicant is submitting a new sign package for the PUD site. The proposed site plan and landscape plan show the conforming setbacks and bufferyards. About a third of the southwest portion of the southern lot is located in a flood zone and the existing sales lot on this property frequently floods resulting in damage to the vehicles displayed there. The requested use is permitted by Conditional Use Permit. The applicant is requesting a PUD so that the two parcels can be considered together as one overall development. STEPHENS DR 2 3 R D S T W (/100 Subject Subject St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 3 of 10 Site Data: PUD Size (2 lots): 6.96 Acres Current Land Use Auto Dealership Proposed Land Use Auto Dealership Other required approvals: Minnehaha Creek Watershed District Variances Approved 3 Building Area existing 63,693 square feet Proposed 59,666 square feet Parking Existing 720 approx. Proposed 747 Description of Request: The applicant proposes to remove the existing building on the north property and replace it with a new building to house the Volkswagen dealership and service that is currently located on the east side of TH 100 at Cedar Lake Road. The building on the south lot is being retained and rehabilitated for the used car VW sales office and car wash. The existing canopies will be removed and other site improvements are proposed including a 3-level parking ramp along the west property line of the south property. The parking ramp is being proposed as a remedy for the current flooding problem. Storage of the 100-year flood will occur under the ramp. The applicant is proposing to use the lower two levels of the parking ramp to store inventory and the upper level for employee parking. This configuration will allow for snow removal without relocating the car inventory. The applicant has stated that due to the popularity of the Volkswagen, the Cedar Lake Road (1820 Quentin Ave S.) site is too small to handle the sales volumes and the improvements proposed for this site are in keeping with the corporate image established for Volkswagen. To help alleviate problems at the Cedar Lake Road site, the southern lot is currently being used in its current condition for Volkswagen display and sales. The proposal is to construct a new building on the north lot first. When that is complete then the construction will move to the southern lot with the remodel of the existing southern building and construction of the parking ramp. The applicant has stated that some of the pile driving necessary to construct the parking ramp could occur prior to the north building being occupied. It is desirable for the applicant to have continuous use of part of the site in order to alleviate some of the congestion on the Cedar Lake Road property. Issues: The applicant has met all of the requirements of the PUD ordinance. The Final PUD plans are consistent with the Preliminary Plat resolution except for two minor changes: St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 4 of 10 § Modification to the parking ramp elevations and floor plans that reflect a functional redesign. The north and south ramp elevation plans no longer show a “split” floor. This redesign allows for a reduction in total height of the ramp. § A small landscaped area on the south side of the north building has been redesigned and reduced in size in order to allow vehicle drop off. The plan continues to meet the ordinance requirements for internal landscaping. The final PUD plans are consistent with the zoning code requirements. The proposed resolution requires continued compliance with requirements such as the ratio of new to used vehicles for sale, prohibition of public address systems, and test driving routes. The test driving routes have been submitted, reviewed and found adequate by public works, and will be an official exhibit and part of the overall approval. The issues related to phasing and continuous use of a portion of the PUD site have been addressed in the proposed resolution and development agreement and will be discussed below. § How does continuous use of the parcel affect construction phasing? In order to reduce the off-site impacts associated with high sales volumes that Westside Volkswagen was experiencing at its current site at 1820 Quentin Avenue S. (Cedar Lake Road east of TH 100), a portion of that business was transferred to the southern lot at 2440 State Highway 100. The applicant is proposing to continue its Volkswagen operation on this site during construction of the new building on the north lot. After the northern building is complete, construction and site work will commence on the southern lot. There is concern that after the north building is completed and a temporary occupancy permit issued, conditions could change and work not continued on the southern lot. In order to ensure that non-conforming signs are removed and the site improvements are completed on the southern lot, staff has met with the applicant and City Attorney and agreed to certain revisions to the proposed resolution (attached). Those include a cash escrow in the amount of $500,000 to ensure site developments and a cash escrow in the amount of $50,000 to ensure the removal of non-conforming signs. Both aforementioned escrows would be forfeited for failure to comply. Recommendation: Staff and the Planning Commission recommend approval of the Final PUD subject to the conditions indicated in the resolution. Attachments: Final PUD resolution Final PUD plans supplement Prepared by: Judie Erickson, Planning Coordinator (952) 924-2574 Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 5 of 10 RESOLUTION NO. 03-122 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL LOCATED AT 2370 and 2440 STATE HIGHWAY 100 SOUTH WHEREAS, the City Council approved the Preliminary PUD on July 7, 2003, Resolution No. 03-082; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was received and deemed complete on May 19, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of August 6, 2003; and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 5-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. SLP Motors, LLC (The Luther Company) has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the C-2 General Commercial district located at 2370 and 2440 State Highway 100 South for the legal description as follows, to-wit: Tract I: That part of the South 310 feet of the North 340 feet of the Southwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, lying West of State Highway No. 100 and lying East of a line drawn at a right angle to the North line of said quarter quarter and from a point therein distant 375.18 feet East of the Northwest corner of said quarter quarter. Abstract Tract II: Parcel 1: That part of Tracts A and B, Registered Land Survey No. 493, Files of Registrar of Titles, County of Hennepin, lying Easterly and Southerly of a line parallel with St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 6 of 10 and 22.5 feet Easterly and Southerly of a line described as beginning at a point in the South line of said Tract B, distant 443.3 feet Easterly as measured along said South line, from the Southwest corner of said Tract B; thence North 2 degrees 24 minutes East, 298.84 feet to an intersection with a line parallel with and 242.5 feet Southerly of the Southerly right of way line of the Great Northern Railroad right of way, thence North 73 degrees 08 minutes East along last said parallel to the Easterly line of Tract C in said Registered Land Survey and there terminating; except the East 50 feet of the above described property. For the purposes of this description the West line of said Tract A is assumed to bear due North and South. Parcel 2: That part of the Easterly 50 feet of Tracts A and B which lies Southerly of the Southerly line of Tract C and of the Westerly extension of said Southerly line, all in Registered Land Survey No. 493. Files of Registrar of Titles, County of Hennepin. Parcel 3: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 29, Range 24, lying south of the Great Northern Railway right of way and West of State Highway No. 100, except that part described as follows, to-wit: Commencing at the point of intersection of the Southerly right of way line of the Great Northern Railway with the Westerly right of way line of State Highway No. 100; thence Southerly along said Westerly right of way line of State Highway No. 100, 377.6 feet; thence Westerly parallel with said Southerly right of way line of Great Northern Railway, a distance of 400 feet; thence at right angles Northerly 250 feet to the Southerly right of way line of Great Northern Railway; thence Easterly along said right of way line 220 feet; thence at right angles Northerly along Great Northern Railway right of way 80 feet; thence Easterly along the Southerly right of way line of Great Northern Railway 364 feet to the point of beginning, also except that part thereof embraced in Registered Land Survey No. 493. Torrens 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-14-PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 7 of 10 proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5). 4. The contents of Planning Case File 03-14-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development at the location described are approved based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Final PUD official exhibits. If the Public Works department requests an adjustment to the location of the crosswalk at Stephens Drive, this will be indicated on the official exhibits and the applicant will be notified of the change prior to construction of the crosswalk. 2. Final PUD approval and development is contingent upon developer meeting all conditions of final approval including all Minnehaha Creek Watershed District requirements. 3. Prior to any site work, the applicant shall comply with the following requirements: a. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, a development agreement shall be executed between the developer and the City that covers at a minimum, sidewalk and construction and maintenance, repair and cleaning of public streets, requirement for a sidewalk and trail easement, the use of interim signage during construction of the 2370 building, construction phasing, and requirements for escrows or letters of credit to ensure compliance. b. Submit financial security in the form of cash escrow or letter of credit in the amount of $75,000 to secure installation of required sidewalks and $10,000 to insure repair/cleaning of public streets. This financial security shall be released to applicant within 30 days after the completion of substantial construction activities on the project and complete installation and approval by the City of all required sidewalks. c. Reimbursement of City attorney’s fees in drafting/reviewing such documents. d. Record an easement for the required sidewalk/trail where it is located on the private property. e. A copy of the Watershed District permit shall be forwarded to the City. f. Any other necessary permits from other agencies shall be obtained. g. Sign assent form and official exhibits. h. Obtain the required erosion control permits, utility permits and other permits required by the City. i. Meet any other conditions as required by the development agreement. St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 8 of 10 4. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Meet any Fire Department emergency access requirements for during construction. b. The applicant shall furnish the City with evidence of recording of the sidewalk and trail easement. c. Building materials samples shall be submitted to and approved by City. d. A lighting plan with photometrics, fixture detail, and irrigation plan that comply with City ordinance regulations shall be submitted and approved by the community development department. Lighting plans and details for the roof of the parking ramp shall be submitted and approved by the community development department prior to any building permits being issued for the 2440 property. 5. The developer shall comply with the following conditions during construction: 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. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. f. Existing non-conforming signage on the 2370 property shall be removed concurrently with demolition of the existing building at 2370. Existing non-conforming signage on the 2440 property shall be removed within 30 days of the issuance of a temporary certificate of occupancy for the new 2370 building. 6. Prior to issuance of a temporary certificate of occupancy for the 2370 property, the developer shall comply with the following: a. Post a cash escrow with the City in the amount of $500,000.00. The cash escrow shall be held by the City in an interest bearing account until substantial completion of all site and exterior building improvements on the 2440 site, including substantial completion of the parking ramp at which time the cash escrow and any interest shall be returned to the applicant. The cash escrow shall be forfeited to the City if the applicant has not substantially completed the parking ramp by December 31, 2004, or such later date approved by the City Council. The applicant shall have the right to request that the City Council extend the December 31, 2004 St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 9 of 10 deadline, and shall be entitled to a six-month extension upon a showing of good cause. b. Post a cash escrow in the amount of $50,000.00 to insure compliance with condition 5f. requiring removal of the signage within 30 days of issuance of the temporary certificate of occupancy for the 2370 property, with forfeiture of the escrow to the City if the signs are not removed within the required time. c. Complete construction drawings and obtain building permits for the new parking ramp and building improvements for the existing 2440 building. d. Crosswalks and pedestrian crossing signs shall be installed in accordance with the final approval of the Public Works Director. 7. Prior to issuance of any final certificate of occupancy for the properties the developer shall comply with the following: a. All non-conforming signs shall be removed from both properties. b. All site and building improvements including the parking ramp shall be completed on both properties. c. A letter of credit or cash escrow in the amount of $24,000 shall be submitted to the City to secure replacement of trees or shrubs which die. The letter of credit or cash escrow shall be released by the City 12 months after issuance of the final certificate of occupancy for the project if all of the trees, shrubs, and other landscaping materials indicated on the approved landscape plan are in place and alive and healthy. 8. During operation of any motor vehicle sales, the property owner shall comply with the following: a. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. b. A minimum of 50% of the vehicles for sale on the PUD premises shall be new vehicles. c. String lighting is prohibited. d. The area of open sale or rental lot used for storage and display of merchandise shall not exceed two square feet each square foot of building area. e. Test driving is prohibited on local residential streets. A map showing test driving routes as indicated in the approved PUD exhibits shall be provided to all customers and employees. f. Outdoor public address systems are prohibited. g. All customer and employee parking shall be clearly designated and signed. h. The display or storage of motor vehicles is prohibited on any public right- of-way. i. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. j. Employee parking is not permitted on any street abutting residential properties at any time. Employee parking may be temporarily all9wed on other streets during construction only as approved by the City. St. Louis Park City Council Agenda Item: 091503 - 7c - Luther Final PUD Page 10 of 10 9. Autobody/painting is not permitted as an accessory use to the PUD without a major amendment to it. 10. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues that the City Council deems appropriate and necessary. 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 September 15, 2003 City Manager Mayor Attest: City Clerk 03-14-PUDfinal:res/ord St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 1 of 11 7d. The request of City of St. Louis Park for Conditional Use Permits for the excavation of approximately 990 cubic yards of soil from Wolfe Park open space west of the Rec. Center for the creation of a skate park and for placement of 990 cubic yards of fill on Shelard Park to correct settling. Case Nos. 03-52-CUP & 03-55-CUP 3700 Monterey Drive & 390 Ford Road Recommended Action: • Motion to adopt a resolution approving the Conditional Use Permit for the excavation of soil at Wolfe Park subject to conditions included in the resolution. • Motion to adopt a resolution approving the Conditional Use Permit for the placement of soil at Shelard Park subject to conditions included in the resolution. Current Zoning: R3, Two Family (Wolfe Park) & RC, Multi Family Residential (Shelard Park) Comprehensive Plan Designations: Park (both properties) Background: The City of St. Louis Park is currently requesting two CUP’s for the completion of two park projects. One is the creation of a skate park next to the Rec Center and the other is for park maintenance at Shelard Park. The Parks Department is proposing to install a 180 foot by 80 foot skate park within the open grassy area just west of the Rec Center, between the Rec Center and the back entrance drive off of 36th Street. The skate park will be rated as a Tier 1 skate park meaning the equipment will not be higher than 4 feet. Design Plans have been attached. The skate park will be unsupervised and open year round, weather permitting. The kids using the park will be responsible for clearing the snow in the winter. A few trees will either be moved or removed as part of this project. Two trees will be removed, in their place 2 new trees will be dedicated within Wolfe Park. Two Linden trees will be transplanted and a diseased Elm tree will be removed. A CUP is required for the removal of approximately 990 cubic yards of soil for the installation of a retaining wall around the skate park. The retaining wall will be approximately 140 feet long and 5 feet tall at its highest point. It will be constructed using modular block that is too rough for use by the skaters. It will also be separated from the skating equipment by a grassy area. St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 2 of 11 The Parks Department is also proposing to bring the excavated material from the skate park to Shelard Park for use as fill. A second conditional use permit is required for the placement of this fill within Shelard Park. Shelard Park was constructed on the top of a bog and as a result portions of the park have sunk. The Parks Department is proposing to add the 990 cubic yards of fill to the Park to level off grades and improve drainage. This is part of a larger maintenance project within Shelard Park, which includes reconstructing trails, taking out the tennis courts and installing a basketball half-court and new play equipment. The Planning Commission held public hearings on September 3, 2003. No one from the public spoke. The Park & Rec Director requested the ability to haul on a Saturday between 9:00 am and 2:00 pm if needed. The Planning Commission recommended approval on a vote of 6-0 subject to conditions recommended by staff and the addition of the Saturday hours. Issues: What route is proposed to haul the material? How long will the hauling take place and what will be the hours of operation? How will dust be managed? What route is proposed to haul the fill? The following hauling routes are proposed: 36th St W. – Hwy 100 – I-394 – US 169 – Shelard Parkway – Ford Road - Wayzata Blvd Trucks will exit the skate park area using the back entrance west of the Rec Center. Trucks will enter Shelard Park from the south entrance off of Wayzata Blvd., next to the Holiday Inn. How long will the hauling take place and what will be the hours of operation? Hauling is anticipated to take place early this fall and will take approximately 1-2 days, three at the most. Per Ordinance, hauling can occur between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 10:00 p.m. on the weekend and holidays. The anticipated hours of operation are approximately 7:00 a.m. and 5:00 p.m. during the weekdays. It may also be necessary to work a Saturday from 9:00 am to 2:00 pm. These restrictions are included in the resolutions. How will dust be managed? The Parks Director will ensure that the contract includes requirements for controlling dust as necessary. Recommendation: St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 3 of 11 Staff and the Planning Commission recommend approval of the Conditional Use Permits to allow the excavation of approximately 990 cubic yards of soil from the Wolfe Park Rec. Center and placement of approximately 990 cubic yards of fill at Shelard Park subject to the following conditions: 1. The Wolfe Park skate park site shall be excavated in accordance with the Erosion Control and Cross Section Plans; such documents incorporated by reference herein. The Shelard Park site shall be graded and restored in accordance with the Shelard Park Plans (to be submitted and incorporated by reference). 2. Haul routes shall be as follows: 36th St W. – Hwy 100 – I-394 – US 169 – Shelard Parkway – Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 pm on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Attachments: • Location Maps • 9-3-03 Planning Commission Unapproved Minutes Excerpts • Proposed Resolutions • Wolfe Park Skate Park Erosion Control and Cross Section Plans Prepared by: Julie Grove, Associate Planner Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 4 of 11 Location Map - Skate Park Target CommunityCenter Belt Line Blvd36th Street West P a r k C e n t e r B l v d Byerl y's Walser Multi-Family Belt LineIndustrial Park ProposedSkate Park Park Shores PUD Wol fe Park St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 5 of 11 Location Map – Shelard Park Shel ard Pkwy F o r d R d Highway #169Hi ghway #394 Shelard Park St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 6 of 11 Excerpts Unofficial Planning Commission Minutes September 3, 2003 (Note: Items 3D and 3E are combined into one report). D. Case No. 03-52-CUP--Request for Conditional Use Permit by the City of St. Louis Park for excavation of approximately 990 cubic yards of soil from Wolfe Park open space west of the Rec. Center for the creation of a skate park for property located at 3700 Monterey Drive E. Case No. 03-55-CUP--Request for Conditional Use Permit by the City of St. Louis Park to permit placement of approximately 990 cubic yards of fill on Shelard Park to correct settling for property located at 390 Ford Road Ms. Jeremiah said Items 3D and 3E have been combined into one report because the excavated fill from Wolfe Park will go to Shelard Park. Shelard Park will be regraded and existing improvements restored except that a tennis court will be changed to a basketball half-court and new play equipment will be installed. Ms. Jeremiah reported that the Parks Department is proposing to install a 180-foot by 80-foot skate park within the open, grassy area just west of the Rec Center, between the Rec Center and the back entrance drive on 36th Street. The site will be leveled and a retaining wall will be installed. Some trees will be effected. The Parks Department is requesting that their contractor be allowed to work from 9 a.m. to 2 p.m. on Saturdays, although only one Saturday would be anticipated, since hauling should take less than one week. Parks and Recreation Director Cindy Walsh presented plans for the Tier 1 skate park; the equipment for the skate park will not be higher than four feet. Commissioner Timian asked if the building to the west of the proposed skate park will present shadow problems at certain times of the year. Ms. Jeremiah said a shading analysis has been submitted, which was reviewed by Ms. Walsh, and there are some shading impacts but those impacts do not appear to be substantial enough to create major concerns. Ms. Walsh reported that no lighting is planned but streetlights on 36th Street will illuminate the area. Ms. Walsh explained the benefits of a permanent site, versus a temporary site. Chair Robertson asked about the construction and maintenance of the skate park. Ms. Walsh said the floor surface will be asphalt. The skate ramps will consist of a material called skate lite pro on the outside and a steel frame interior, all of which tolerate Minnesota winters. She stated that research indicates the materials won't need replacement or major maintenance for 8 years. St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 7 of 11 Chair Robertson opened the public hearing. With no one wishing to speak, Chair Robertson closed the public hearing. Commissioner Gothberg moved to recommend approval of the Conditional Use Permit for the excavation of soil at Wolfe Park subject to conditions recommended by staff, to recommend approval of the Conditional Use Permit for the placement of soil at Shelard Park subject to conditions recommended by staff; and hauling shall be allowed from 9:00 a.m. to 2:00 p.m. on one Saturday, if needed. The motion passed 6-0. St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 8 of 11 RESOLUTION NO. 03-123 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF APPROXIMATELY 990 CUBIC YARDS OF SOIL FOR THE CREATION OF A SKATE PARK FOR PROPERTY ZONED R3, TWO FAMILY RESIDENTIAL DISTRICT LOCATED AT 3700 MONTEREY DRIVE (WOLFE PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of permitting the excavation of approximately 990 cubic yards of soil for the creation of a skate park within a R3 Two Family Residential District located at 3700 Monterey Drive (Wolfe Park) for the legal description as follows, to-wit: Blocks 4, 5, 6, 9, 10 and 11; also that part of Block 7 lying south of Monterey Drive and Lots 1 through 5, Block 8 and Lots 8, all in Westmoreland Park, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-52-CUP) and the effect of the proposed excavation of approximately 990 cubic yards of soil for the creation of a skate park on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the excavation of approximately 990 cubic yards of soil for the creation of a skate park will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed excavation of approximately 990 cubic yards of soil for the creation of a skate park is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 03-52-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: 091503 - 7d - Wolfe & Shelard Park CUPs Page 9 of 11 Conclusion The Conditional Use Permit to permit the excavation of approximately 990 cubic yards of soil for the creation of a skate park at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be excavated in accordance with the Erosion Control and Cross Section Exhibits such documents incorporated by reference herein. 2. Haul routes shall be as follows: 36th St W. – Hwy 100 – I-394 – US 169 – Shelard Parkway – Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to commencing site work. 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 September 15, 2003 City Manager Mayor Attest: City Clerk 03-52-CUP:res-ord St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 10 of 11 RESOLUTION NO. _____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF 990 CUBIC YARDS OF FILL TO CORRECT SETTLING FOR PROPERTY ZONED RC MULTI FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD (SHELARD PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of permitting the placement of 990 cubic yards of fill to correct settling within a RC Multi Family Residential District located at 390 Ford Road (Shelard Park) for the legal description as follows, to-wit: All that part of Shelard Park to the City of St. Louis Park, Hennepin County, Minnesota dedicated for park purposes described as follows: Bounded on the westerly side by Lots 1 and 2, Block 4; bounded on the northwesterly ingress/egress by Shelard Parkway; bounded on the northerly side by Lots 1, 2 and 3, Block 3; bounded on the easterly ingress/egress by Ford Road; bounded on the southeasterly side by Lots 1 and 2, Block 5; bounded on the southeasterly ingress/egress by Ford Road; bounded on the easterly side by Lot 1, Block 6; and bounded on the south ingress/egress by U.S. Highway No. 12 (I- 394) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-55-CUP) and the effect of the proposed placement of 990 cubic yards of fill to correct settling on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of 990 cubic yards of fill to correct settling will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed placement of 990 cubic yards of fill to correct settling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. St. Louis Park City Council Agenda Item: 091503 - 7d - Wolfe & Shelard Park CUPs Page 11 of 11 4. The contents of Planning Case File 03-55-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit placement of 990 cubic yards of fill to correct settling at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be graded in accordance with Shelard Park Grading Exhibit such document incorporated by reference herein. 2. Haul routes shall be as follows: 36th St W. – Hwy 100 – I-394 – US 169 – Shelard Parkway – Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to commencing site work. 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 September 15, 2003 City Manager Mayor Attest: City Clerk 03-55-CUP:res-ord St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 1 of 20 7e. Request of TOLD Development Company for Final Plat approval for Park Commons East 2nd Addition and an Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits. Case Nos. 03-19-PUD and 03-20-S Phase NE: Outlots D and E, Park Commons East (northeast corner of Park Commons Drive and Grand Way). Recommended Action: 1) Motion to adopt a resolution approving the Final Plat for Park Commons East 2nd Addition subject to the conditions in the resolution. 2) Motion to adopt a resolution approving amendments to the Park Commons East PUD granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits subject to the conditions in the resolution. Comprehensive Plan: Commercial Mixed Use and High-Density Residential Zoning: “M-X” Mixed Use and “R-C” High-Density Residential BACKGROUND In July of 2001, the City Council approved the Final PUD and plat for Phase I, which is currently nearing completion. Phase I has 338 rental units and approximately 63,000 sq. ft. of retail. Some minor changes to Phase I, including a reduction in the total number of units, have occurred since Phase I final approval. Those changes are now reflected in as-built drawings, which are proposed to be adopted as the amended official exhibits for Phase I. When Phase I was originally approved, the overall “Excelsior and Grand” (Park Commons East) project was expected to have approximately 660 housing units, of which at least 35 were to be owner occupied, approximately 82,000 sq. ft. of retail and approximately 37,500 sq. ft. of office. However, the overall development was approved in concept only, and future phases were to obtain preliminary and final PUD and plat approval prior to construction. The Phase II property was identified on the 2001 PUD plans as Future Phase NE. Ownership of the Phase II property is being transferred from the St. Louis Park EDA to TOLD based upon satisfaction of requirements outlined in the Redevelopment Agreement. TOLD is currently proposing 120 units of owner-occupied housing, no rental housing, and approximately 4,500 sq. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 2 of 20 ft. of retail space in Phase II. The proposal includes one four-story building with approximately 177 below-ground residential parking stalls. The plat includes one new buildable lot. A small outlot is also proposed in the northwest corner, which includes a small portion of existing parking along “Wolfe Parkway”. This outlot will be dedicated as public land. PROCESS: A neighborhood Open House to informally review a slightly earlier Phase II concept (including 114 condominium units) was held at the Excelsior & Grand Community Room on March 11, 2003. Feedback was generally very positive. On March 19, 2003, the Planning Commission held a public hearing and recommended Comprehensive Plan and zoning amendments to address a shallower depth to the proposed retail space along Grand Way compared to concept PUD approval. Those changes were subsequently adopted by the City Council and Metropolitan Council and are currently in effect. A marketing event was held on April 29, 2003 to determine interest in the northern 55 Phase II condominium units. Interest was strong and TOLD decided to pursue building both the northern and the southern portions of the condominium building as one seamless construction process. Based upon market feedback, they also requested an adjustment in the overall number of condominium units compared to what was discussed during the neighborhood Open House and Comprehensive Plan/Zoning public hearings. The current request is for 120 units rather than 114. The higher number reflects a reduction in the size of some of the units to accommodate higher market interest in mid-priced units. The attached submittal by TOLD provides additional details regarding the current proposal. The proposed number of units has not changed since Preliminary PUD/Plat consideration. On July 2, 2003, the Planning Commission held a public hearing and recommended approval of the Preliminary Plat and PUD subject to the conditions recommended by staff. No one from the public spoke at the hearing. On August 4, 2003 the City Council approved the Preliminary Plat and PUD resolutions in accordance with the Planning Commission recommendations. The current request is for Final Plat and Final PUD approval for Phase II (Phase NE) only. This requires an amendment to the Final PUD for Park Commons East, which covers all of the phases on the 15-acre site. Changes to Phase I that were administratively approved during construction are also proposed to be incorporated into the new PUD official exhibits. Construction staging on future phase properties and construction limits/hauling routes will also be handled via these amendments and the amended Planning Contract. On September 3, 2003, the Planning Commission considered the Final Plat and Final PUD requests. Staff had recommended prohibiting exterior construction activity on weekends and holidays and after 5:00 pm on weekdays. Staff recommended this restriction due to the proximity of existing residential and desire to program Wolfe Park and town green activities during evenings and weekends. Interior work could continue beyond 5:00 pm and on weekends subject to ordinance restrictions. The developer asked if staff could be given authority to St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 3 of 20 approve administrative amendments to the more restrictive exterior work hours at the developer's request. The Planning Commission recommended allowing this as long as the developer notified neighbors of any staff-approved evening/weekend construction. This change has been included in the proposed resolution. The fine for violation of any conditions of approval has also been included. Assuming the Planning Contract and Building Permit are approved and other requirements met, the developer anticipates commencing construction on Phase II within two weeks of Final PUD/Plat approval. If construction goes according to schedule, owners could begin occupying condominium units by the end of 2004. Issues: Ø Are the Phase II Final Plat and PUD proposals in conformance with the conditions for Phase II Preliminary Plat and PUD approval? Ø Are there any concerns with the Phase I Official Exhibit amendments? Analysis: Ø Are the Phase II Final Plat and PUD proposals in conformance with the conditions for Phase II Preliminary Plat and PUD approval? Revised Preliminary Official Exhibits: The Phase II preliminary approval required certain revisions to the Preliminary PUD official exhibits prior to signing to clarify building setbacks, show streetscape amenities and sidewalk widths matching Phase I, to eliminate fencing from public lands and to address utility comments of the Public Works Department. All of the revisions have been received. The required lighting plan has not yet been approved by Public Works. The Planning Commission recommended that this be resolved prior to Council consideration of the Final PUD. However, staff is comfortable deferring this to building permit, since Public Works has indicated that the lighting problems can be readily solved. This condition has been included in the resolution. As-built exhibits of Phase I: The preliminary Phase II approval required submission of as-built exhibits of Phase I showing administrative and other changes to the approved Phase I official exhibits prior to Planning Commission consideration of the Phase II Final PUD/Plat. A survey of as-built Phase I setbacks and other Phase I plan changes were submitted prior to Planning Commission and are being reviewed by staff. These are available for review at City Hall. City Attorney requirements: Revised association documents are currently being finalized to meet the requirements of the City Attorney. The City Attorney has requested a prohibition against sale of the garage units to non-residents. The City Attorney has also requested that these documents address a Planning Commissioner's recommendation to prohibit rental of the garage units to non-residents. This would help ensure that there is adequate parking for residents so that they don’t usurp other parking intended for guests, customers and park users. As of this writing, St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 4 of 20 TOLD’s attorney has not agreed to this provision and the City Attorney has not accepted the association documents. The proposed resolution requires City Attorney approval of the association documents before TOLD can commence site work. The redevelopment contract indicates that the EDA is not obligated to close on Phase NE until the City has approved the association documents. The "CIC" plat for the condominiums is not recorded until after the units are constructed. Construction schedule and staging plan: A detailed construction schedule and staging plans have been submitted as required for Final PUD consideration. The staging plans include a construction fence around the perimeter of the Phase II site. The construction fence would also enclose the surface parking and portion of Wolfe Parkway immediately north of the Phase II site as well as the portion of Wolfe Parkway (old Natchez) immediately east of the Phase II site. Thus Wolfe Parkway would be closed in this area throughout Phase II construction. However, Wolfe Parkway would remain open to the west of the Phase II site. The construction fence on the east side adjacent to Westmoreland Hills Condominiums would be a screen fence. A gate would be placed at the southeast corner of the site at the intersection of Park Commons Drive and Wolfe Parkway. This would be the main construction vehicle entrance/exit. A secondary entry gate and large truck exit would be installed at the northwest corner of the site. Materials storage and staging are proposed on the existing surface parking area along Wolfe Parkway immediately north of the site. This was recommended by staff as a means of preventing continuous construction traffic across the town green area (the original proposal was to stage on the Future Phase NW site, which would have involved substantial impacts on the town green). Some existing public parking would be lost during Phase II construction due to closing that portion of Wolfe Parkway as well as periodic closing of on-street parking adjacent to the Phase II site along Grand Way and Park Commons Drive while exteriors are completed. This parking is proposed to be replaced during much of Phase II construction with a temporary parking lot on the Future Phase NW site. The Phase NW temporary parking lot would be constructed next Spring, likely out of recycled bituminous, and would be for public parking only. Prior to construction of the temporary parking lot, the Phase NW site would be re-graded and the excess soil would be used as backfill for the Phase II site construction. Construction worker parking would be provided in a new temporary parking lot on the Future Phase E site near the corner of Excelsior Blvd. and Monterey Drive. This temporary lot is proposed to be gravel and would be south of the existing bituminous lot that acts as additional customer and guest parking for the area. A cyclone fence with screen would be installed outside of the existing silt fence along Excelsior Blvd. and along a portion of Monterey Drive and Meridian Lane to screen the gravel lot. Black Hills Spruce and Black-Eyed Susans would be planted outside of the fence to provide some additional temporary screening and interest at the corner of Excelsior Blvd. and Monterey Drive. The construction trailer office would remain on the Future Phase W site near Bally's. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 5 of 20 Limits on Phase II construction hours are proposed to be more stringent than City ordinance allows. There were a few violations of the 7:00 am weekday and 9:00 am weekend/holiday construction start time for the Phase I project. However, this was rectified as soon as all of the subcontractors were informed of the limits and what constitutes a holiday. Most of the construction for Phase I was generally completed by about 3:00 pm, and there were no known violations of the 10:00 pm end time. Due to the proximity of residential and active evening/weekend park uses, staff recommends no outdoor or loud equipment construction activity after 5:00 pm on weekdays and at any time on weekends. This would not prevent some interior finish work from being completed up to 10:00 pm on weekdays and from 9:00 am until 10:00 pm on weekends if necessary. As noted, the developer requested some latitude for staff to approve longer outdoor construction hours if needed. The Planning Commission agreed with this as long as the developer requested City approval at least 24 hours in advance and informed neighbors of any staff approval of longer hours. This has been included in the proposed resolution. The notice could potentially include a posting at the entrances to nearby residential buildings and/or signs at the construction site. Amount of commercial and residential: The Phase II Preliminary PUD/Plat conditions required a minimum of approximately 4,500 square feet of retail/service and a maximum of 120 condominium units including individual ground floor entrances along Wolfe Parkway and Park Commons Drive and a minimum of four two-story units. These requirements are still being met and are included in the proposed resolution. Parking: TOLD has submitted a parking analysis (attached). They have also discussed with staff the proposed residential allocation in comparison to other local projects and their market feedback. Approximately one allocated below-ground parking space is proposed per condominium bedroom, which is in keeping with the market. The additional retail would use on- street parking and the existing ramps in Phase One. 200 additional spaces are required for events and general public use of the town green and Wolfe Park. The Phase II Preliminary PUD/Plat approval required approximately 177 below-ground residential parking stalls and interim parking on future phase lots or an alternate solution if adequate parking is not maintained in accordance with PUD and contract requirements. The below-ground parking has not changed since preliminary. As noted, temporary public parking and construction worker parking is proposed on the Future Phase NW and E sites, respectively. If parking still proves inadequate, the Redevelopment and Planning Contracts include several alternative remedies, including potential construction of additional permanent parking (a level could be added to one or both ramps) and delaying approval of future phases until the situation is rectified. Architecture: During the Phase II Preliminary PUD hearing, the Chair of the Planning Commission requested that the Excelsior & Grand architect add some additional diversity and articulation along the town green façade. The project architect was willing to explore that option but also noted that there was some articulation in the horizontal plane that was not evident from the elevation drawings. The Planning Commission Chair and project architect have met, and the St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 6 of 20 Chair's concerns have been alleviated. Colored elevations and a sample of the new brown brick have been submitted. Staff and the Planning Commission also recommend submission of a color sample of the material that is proposed for the new crown and submission of color samples of any other materials that have not been used on Phase I. These are required prior to building permit per the proposed resolution. Landscape/streetscape plans: Revised landscape and streetscape plans have been submitted. As noted, these appear acceptable, with the exception of the lighting plan. The Public Works Superintendent has met with the lighting consultant to discuss outstanding issues. Double fixtures will have to be added to existing poles along Wolfe Parkway and some additional light poles may be necessary. The developer has proposed adding spotlights to the top of the existing single fixture poles as an alternative. However, staff prefer the double fixtures to match the rest of the project. The proposed resolution requires final lighting plan approval prior to building permit issuance. Black poles are required on Grand Way and green poles elsewhere to match Phase I. Screening and parking for Westmoreland Hills Condominiums: The Preliminary PUD approval required the Final PUD landscape plan to include a proposed solution for screening the Westmoreland Hills condominiums from the headlights of vehicles exiting the underground Phase II resident parking and a plan for additional parking and tree replacement on the east side of Wolfe Parkway (old Natchez Ave. portion). The proposed Final PUD Landscape Plan shows the plantings to screen the headlights as well as additional plantings to the north along the park edge. It is staff's understanding that this landscape plan has now been approved by Westmoreland Hills. However, the City Forester has not yet approved the planting plan for this area and may require changes. Any required changes would have to be made before signing the official exhibits. The Civil plans show the addition of two parking spaces on the east side of Wolfe Parkway. These are not shown on the Landscape Plan. Staff understands that Westmoreland is amenable to the parking solution and that it can be achieved with the loss of only one existing tree, which has been damaged. Final approval of the parking plan and confirmation of tree impacts is required before signing the official exhibits. Planning and EDA Redevelopment Contracts: The Planning Contract as well as the EDA Redevelopment Contract are required to be amended to address issues related to the Phase II approvals. Amendments to the EDA Redevelopment Contract are expected to be adopted by the EDA and City Council during the same meeting as Final PUD/Plat approval. A meeting with the City Attorney, staff, and TOLD has been held to discuss changes to the Planning Contract. The Phase II Planning Contract will reflect approved number of units, construction staging and operation limits, site restoration and required completion of improvements prior to occupancy, and allowable administrative amendments to the Phase II approvals. Per City policy, the Planning Contract will be executed after Final PUD/Plat approval and before commencing any site work in accordance with the proposed resolution and City Attorney approval. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 7 of 20 Phase II Sidewalk Easement: The required Phase II sidewalk easement has been drafted by TOLD’s attorney and is being reviewed by the City. The proposed resolution requires it to be approved and recorded prior to commencing site work. Ø Are there any concerns with the Phase I Official Exhibit amendments? Staff is currently reviewing the Phase I revised official exhibits to ensure that they reflect all of the changes that have been implemented. There are no major concerns with the Phase I official exhibits. A recent walk-through of the Phase I site revealed some corrections that need to be made to the site improvements. These corrections are being addressed. Recommendation: Staff and the Planning Commission recommend approval of the Final Plat and Amendment to the PUD granting Final PUD approval for Park Commons East (Excelsior & Grand) Phase II subject to the conditions included in the resolutions. Attachments: Ø Unapproved 9/3/03 Planning Commission Minutes Excerpts Ø Proposed Plat and PUD Resolutions Ø TOLD’s application submittal and parking analysis Ø Proposed Phase II Final Plat and PUD Exhibits Supplement: Ø Revised Phase I Official Exhibits (available for review in the Community Development Department, City Hall) Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 8 of 20 Excerpts Unofficial Minutes Planning Commission September 3, 2003 i. Case Nos. 03-19-PUD and 03-20-S--Request of TOLD Development Company for Final Plat approval for Park Commons East 2nd Addition and an Amendment to the Park Commons East Planned Unit Development granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) Ms. Jeremiah presented a staff report regarding final plat and final PUD approval for Phase II, which would amend the overall final PUD for Excelsior & Grand. Ms. Jeremiah reported that the lighting plan has not yet been approved by the Public Works Department. As requested by staff, the developer has submitted as-built official exhibits for Phase I which are being reviewed. The City Attorney and the developer’s attorney have been modifying the association documents to be sure the needs of both parties are met. Ms. Jeremiah discussed staging and construction hours. Staff is proposing outdoor construction hours be limited to the hours between 7:00 a.m. to 5:00 p.m. on weekdays and no outdoor construction activity later into the evening or on weekends, however, at the point of finishing the interior condominium units, they could work later to finish work inside or use weekends for that work. Ms. Jeremiah said there shall be a limit of 120 condominium units and 4,500 square feet of retail service (its limit was established during preliminary), and there have been no changes made to the permanent parking, i.e., there shall be 177 below-ground parking spaces for residents, and retail would be served by on -street parking and the existing ramps. Ms. Jeremiah said it is staff’s understanding that the Chair's concerns about additional architectural diversity and articulation along the Town Green façade have been alleviated. Colored elevations and a sample of the new brown brick have been submitted. Staff is also recommending submission of color samples of any other materials that have not been used on Phase I. Ms. Jeremiah reported that landscape and streetscape plans have been submitted, and the Public Works Superintendent is meeting with the lighting consultant to resolve outstanding issues. Ms. Jeremiah said staff has been most concerned about the width of the sidewalks but that has been resolved. Staff understands that the Westmoreland Hills Condominium Association has approved the landscape/screening plan affecting the condominium property. Park and Rec staff will review that plan soon. It appears that St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 9 of 20 additional on-street parking can be accommodated on the Westmoreland Hills side with minimal tree impacts. Ms. Jeremiah stated that the Planning Contract, as well as the EDA Redevelopment Contract, are required to be amended to address more detailed issues related to the Phase II approvals. The required Phase II sidewalk easement has not yet been drafted, and staff is recommending the sidewalk easement be approved and recorded prior to commencing site work. Ms. Jeremiah stated that the developer shall pay an administrative fine of $750 per violation of any condition of this approval. Commissioner Carper asked about off-premise signage, which was not mentioned in the staff recommendations, and he referred to page 3 of the PUD application. Ms. Jeremiah said that change was adopted by the City Council at the second reading on September 2, 2003, and it was part of a more comprehensive change to the sign ordinance to clarify several things and simplify administration. Commissioner Carper asked if the City needs to be concerned about rental of the garage units to nonresidents or is it only the sales portion with which the City should be concerned. Ms. Jeremiah responded that the City Attorney is reviewing the association documents. Bob Cunningham, TOLD Development, stated that, to his knowledge, there is no prohibition of the rental of garage units to a third party. Commissioner Carper asked if there are any prohibitions or provision for long-term parking in the ramps adjacent to the development. Ms. Jeremiah said the above-ground levels of the ramp spaces are to remain open for general public use; the below-ground level is secured and reserved for residents, and that is where the long-term parking would remain. Commissioner Timian asked about future phases, and Mr. Cunningham presented an overview of potential future development. Commissioner Finkelstein inquired that TOLD has an option to develop two sites that are owned by the City, and there is a time limit per the development agreement. Mr. Cunningham responded that is correct, and TOLD is here through the auspices of a redevelopment agreement; Mr. Cunningham said the establishment of a TIF district is more prescriptive in terms of time limits, e.g., all qualified costs must be in place in five years from the commencement of the district. Mr. Cunningham requested the following consideration of the Planning Commission: He asked if there is an ability to create some leeway for TOLD’s construction crew, i.e., an St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 10 of 20 exemption for periodic, infrequent, going beyond the hours stated in the PUD for things such as loading and unloading of equipment and materials, significant weather events conducive to extending the hours of operation, need for extended, continuous work, e.g., when pouring floors and things like that, and as nearing the finish line, the ability to have overtime work due to homeowner’s waiting for completion of their units on a date certain. Mr. Cunningham would like to have the ability to request permission from Mr. Harmening or Ms. Jeremiah to work out revised hours of operation without violating the conditions of the PUD. Commissioner Gothberg asked if advance notices could be given by TOLD, and Mr. Cunningham said yes. Commissioner Gothberg asked about staff concerns. Ms. Jeremiah replied that it is workable but one issue would be advanced notice in order to alert residents and neighbors. Mr. Cunningham said if a significant event, TOLD could give the City adequate notice and TOLD could take responsibility to notify residents and neighbors. Mr. Cunningham said he is most concerned about the last weeks, basically, in October and November of 2004. Chair Robertson said it seems feasible to have some flexibility as long as there is advanced notice, say, perhaps, 24 hours. He urged Mr. Cunningham to talk to staff. Mr. Cunningham said he would prefer talking to staff rather than going to the Planning Commission or City Council for these sorts of things. Ms. Jeremiah commented that staff is concerned about controls, especially in regard to Wolfe Park and the restaurants in the evenings, however, the Planning Commission could recommend that staff would be given purview over administrative amendments per the Planning Contract. Commissioner Gothberg would like to add that Mr. Cunningham and TOLD will contact area residents, after City staff approval, to notify residents. Ms. Jeremiah said language regarding administrative amendments can be added to condition 6 of the staff report. She also pointed out a typo in condition 4. Commissioner Gothberg moved to recommend approval of the Final Plat for Park Commons East 2nd Addition and an Amendment to the Park Commons East PUD granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) subject to conditions recommended by staff; and correct the typographical error in condition 4, i.e., change NE to NW; the addition of administrative amendments to condition 6, to allow staff to grant administrative approval for leeway for construction hours with prior discussions with TOLD Development and TOLD shall be responsible for notifying any affected neighbors if approval is given. The motion passed 6-0. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 11 of 20 RESOLUTION NO. RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF PARK COMMONS EAST 2ND ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Excelsior & Grand II, LLC, and the City of St. Louis Park EDA, owners and subdividers of the land proposed to be platted as Park Commons East 2nd Addition have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Outlot D and Outlot E, Park Commons East, Hennepin County, Minnesota Conclusion 1. The proposed final plat of Park Commons East 2nd Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Outlot A of Park Commons East 2nd Addition shall be retained by the City for public purposes. b. Drainage and utility easements shall not be required around the lot perimeter per the variance granted for all Park Commons East lots via Resolution No. 01-090 approved on September 4, 2001. c. Approval of the Final Plat is subject to the conditions of Park Commons East PUD approval, the planning contract, the development agreement with the EDA, the Metropolitan Council LCDA grant agreement(s), and requirements of other agencies including the MPCA and Watershed District. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 12 of 20 provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk 03-20-Sfinal:res-ord St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 13 of 20 RESOLUTION NO._____________ Amends and Restates Resolutions No. 01-065, 01-091, 01-146, and 03-096 A RESOLUTION AMENDING AND RESTATING RESOLUTION 03-096 ADOPTED ON AUGUST 4, 2003 APPROVING AN AMENDMENT TO A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “M-X” MIXED USE AND “R-C” HIGH DENSITY RESIDENTIAL GRANTING FINAL PUD APPROVAL FOR PHASE NE (EXCELSIOR AND GRAND PHASE II) WHEREAS, Excelsior & Grand II, LLC, and the St. Louis Park EDA have made application to the City Council for an amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code to grant final Planned Unit Development approval for Phase NE (Excelsior and Grand Phase II) and certain amendments to the Phase I official exhibits within a M-X Mixed Use and R-C High Density Residential Zoning District having the following legal description: Park Commons East, Hennepin County, Minnesota WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-19-PUD) and the effect of the proposed Final PUD approval to permit 4500 square feet of retail/service and up to 120 units of owner-occupied housing in a 4- story building with underground parking on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions and the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. WHEREAS, the City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5) and 36-266(16). WHEREAS, the City Council approved the Preliminary PUD for the overall Park Commons East redevelopment on June 4, 2001, Resolution No. 01-049; and WHEREAS, the City Council approved the Final PUD for Park Commons East on July 23, 2001, Resolution 01-065, and St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 14 of 20 WHEREAS, the City Council adopted Resolution No. 01-091 on September 4, 2001 approving an amendment to the approved Final PUD to change the name of the north-south Town Green streets to Grand Way and separate the plat and PUD resolutions, and WHEREAS, the City Council adopted Resolution No. 01-146 on December 17, 2001 approving an amendment to the approved Final PUD to allow issuance of building permits for work through January 15, 2002 prior to recording of the Park Commons East plat, easement and planning contract, and WHEREAS, the Final PUD approval for Park Commons East granted concept approval only for future phases, requiring such phases to obtain subsequent Preliminary and Final PUD approval, and WHEREAS, the City Council approved the Preliminary PUD for Phase NE (Excelsior and Grand Phase II) on August 4, 2003, Resolution No. 03-096; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) was accepted as substantially complete on August 28, 2003 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD for Phase NE (Excelsior and Grand Phase II) at the meeting of September 3, 2003, and WHEREAS, the Planning Commission recommended approval of the Final PUD for Phase NE (Excelsior and Grand Phase II) on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 01-065, 01-091, 01-146 and 03-096, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, and WHEREAS, the contents of Planning Case Files 01-07-PUD and 03-19-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 01-146 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of granting Final PUD St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 15 of 20 approval for Phase NE (Excelsior & Grand Phase II) permitting 4500 square feet of retail/service and up to 120 units of owner-occupied housing in a 4-story building with underground parking and certain amendments to the Phase I official exhibits within a M-X Mixed Use and R-C High Density Residential Zoning District at the location described above based on the following conditions: 1. The site shall be developed, used, and maintained in conformance with the Final PUD official exhibits, which may be amended according to the provisions of the planning contract between TOLD and the City of St. Louis Park and to meet the conditions of Final PUD approval. a. to address the recommendations of the Public Works Department dated 7/3/01. b. to address the Plumbing Inspector’s comments dated 7/2/01. c. to preserve the trees on the north side of 38th Street (proposed Grand Place) in front of Westmoreland Hills condominiums. (38th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) d. to increase the length of the median at Market Avenue and Excelsior Boulevard per the recommendation of the traffic consultant. (Market Avenue changed to Grand Way per Final Plat and Condition No. 1, adopted on September 4, 2001.) e. to meet minimum tree replacement ordinance requirements (that are not related to a cash in lieu payment). f. to coordinate town green and public streetscape improvements with Excelsior Boulevard streetscape plans and input from the selected artist consultant. g. to coordinate park edge improvements with amphitheater plans. h. to address comments from Metro Transit regarding transit locations and improvements. i. to address conditions of required permits from the Watershed District, MPCA, and City. j. to show the names of streets as approved on the Final Plat and current names of 38th/39th Street, which may be changed later by ordinance. (38th/39th Street changed to Park Commons Drive by Ordinance No. 2211-01 adopted on October 3, 2001.) k. to address final construction changes to the Phase I Official Exhibits and to adopt Final PUD Official Exhibits for Phase II in accordance with condition 14 (adopted on September 15, 2003). 2. The Park Commons East Phase 1 Final PUD approval includes code deviations to allow daycare as a retail/service use, right-of-way and street designs, open space, FAR/GFAR, building setbacks, bufferyards, and off-street parking as shown on the official exhibits based upon a finding of general consistency with the approved Redevelopment Plan and subject to any other conditions of final approval. 3. Outdoor seating is permitted in association with restaurants and food service uses subject to any conditions of Final PUD approval for that phase, easement provisions, health codes, and approval of specific outdoor seating plans by the Zoning Administrator. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 16 of 20 4. All parking shall be open to the general public at all times except as follows: on-street parking may be restricted by the City, below-ground parking may be restricted to building residents, and a plan for valet parking may be approved by the City. 5. If parking is deemed inadequate by the City based upon evidence of parking in fire lanes, drive aisles or other inappropriate areas, the developer shall be required to rectify the situation in accordance with the provisions of the planning contract. 6. Proposed “Grand Place” north of 38th/39th may be closed for events as approved by the City. (Street names changed to Grand Way and Park Commons Drive per Final Plat and Condition No. 1 adopted on September 4, 2001.) 7. The developer is required to comply with all provisions of the planning contract, development agreement with the EDA, Metropolitan Council LCDA grant agreement(s), MPCA and Watershed District approvals. 8. Specific responsibility for financing and construction of the following required Phase 1 improvements shall be addressed by the Planning Contract: a. construction of all streets, on-street parking, and utilities, within the entire PUD area. b. completion of streetscape improvements, including bicycle and transit amenities, adjacent to all Phase 1 properties and Wolfe Park. c. construction of temporary bituminous sidewalks in accordance with a plan approved by the Zoning Administrator. d. regrading of the southern portion of Wolfe Park, relocation/reconstruction of the existing trail, and construction of the park edge road, parking, approved hard surface sidewalk between parking and trail, plantings and streetscape subject to approved final plans. e. construction of the entire town green from Excelsior Boulevard to Wolfe Park in accordance with approved final town green plans with temporary sidewalks north of 38th/39th until permanent sidewalks/streetscape are completed during construction of each future phase. (38th/39th Street changed to Park Commons Drive per Ordinance No. 2211-01 adopted on October 3, 2001.) f. construction of the Phase 1 public parking ramps in accordance with approved final plans. g. construction of the police substation and public restrooms in accordance with approved final plans. h. construction of traffic improvements and installation of traffic control and directional signage in accordance with approved final plans. i. construction of 18 project-based two-bedroom Section 8 units in accordance with public housing agreements. 9. Prior to any site work other than demolition for Park Commons East Phase One: a. the Final Plat and PUD for Phase 1 shall be approved. b. final construction documents for public infrastructure (street, underground utilities; not streetscape) improvements shall be approved by the Public Works Director. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 17 of 20 c. required erosion control permits, utility permits, and other required permits shall be obtained from the City, Hennepin County, Watershed District and any other required agencies. d. the MPCA shall be informed of the plans to regrade the southern portion of Wolfe Park and approval shall be received prior to regrading the park, if needed. e. a final tree preservation plan shall be approved by the Zoning Administrator and any necessary construction fencing shall be in place. f. plans for maintaining access to existing private condominium parking during construction shall be approved by Public Works and the affected property owners, if temporary construction easements are necessary. 10. Prior to issuance of any building permits, which may impose additional conditions: a. Evidence of recording the final plat, easements, and planning contract shall be submitted to the City ,except that Section 14.912F of the St. Louis Park Ordinance Code and the recording requirements are waived to allow, prior to recording of the plat, easement and planning contract, the issuance of building permits authorizing work through and including January 15, 2002. b. the Indirect Source Permit shall be approved by the MPCA, if necessary. c. A lighting and photometric plan shall be approved by the Zoning Administrator. d. An irrigation plan shall be approved by the Zoning Administrator. e. Exterior building material/colors shall be approved by the Zoning Administrator. f. Final plans for a police substation and adjacent public restrooms shall be approved by the Police Chief and Community Development Director. 11. Prior to installation of any private signage, sign permits shall be approved by the Zoning Administrator. 12. Future phases of the Final Plat and PUD are approved in general concept only and subject to the following conditions of approval: a. All future phases are required to apply for subsequent Preliminary and Final Plat and PUD approval for those phases; such Preliminary and Final approval may be considered concurrently subject to Code and any pertinent provisions of the development agreements. b. Curb cuts, permanent sidewalks and streetscape adjacent to future phases shall be completed during construction of each future phase. c. A minimum of 35 stacked townhomes for owner-occupants shall be included in Future Phase E and/or Future Phase NE; additional condominiums and changes to proposed building height may be approved for Future Phase NE based upon recommendations of a market study. (Amended by Condition No. 14 on August 4, 2003 and September 15, 2003.) d. The City may consider proposals for permanent use of Future Phase W, subject to the provisions in the existing development contract between TOLD, EDA and City, either on its own or combined with potential redevelopment of the property to the west. However, the City may retain the Future Phase W property indefinitely and use it for such uses as the City may deem appropriate, including potential transit and parking uses. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 18 of 20 e. Variances to the 80 feet minimum lot width of the “R-C” District may be approved subject to Preliminary and Final Plat and PUD approvals. f. Allowable Code deviations are subject to the approved Redevelopment Plan and future Preliminary and Final PUD approvals. g. Approval for construction of future phases is contingent upon provision of adequate parking, which may include interim parking as approved by the City, and must include 75 weekday and 200 evening/weekend parking spaces, in excess of other needs of the development, for town green and Wolfe Park uses. 13. Prior to execution of the Final Plat for each subsequent phase: a. preliminary and final plat/PUD approval shall be obtained for that phase. b. the existing development agreement shall be amended as necessary and a new planning contract shall be executed between the developer and City/EDA. c. public sidewalk easements shall be approved by the City Attorney for those areas of private development lots between the public street and building setback. 14. The Planned Unit Development shall be amended on September 15, 2003 to incorporate all of the preceding conditions and to grant Final PUD approval to Park Commons East Phase NE (Excelsior and Grand Phase II) subject to the following conditions: a. The site shall be developed, used and maintained in conformance with the Phase II Final PUD official exhibits, which shall be amended prior to signing to meet the following conditions: i. Double fixture lights matching Phase I shall be added as necessary to meet light levels as required by the Public Works Director. Black light poles shall be used along Grand Way and green poles elsewhere to match Phase I. ii. All plans shall reflect additional parking on the east side of Wolfe Parkway as approved by the Zoning Administrator and Public Works Director. iii. Plant species east of Wolfe Parkway shall be approved by the Park & Recreation Director. b. There shall be a minimum of approximately 4,500 square feet of gross leasable ground floor retail/service space in the “M-X” District portion of Phase II. c. There shall be a maximum of 120 condominium units and such development shall include individual exterior entrances for ground floor units along Park Commons Drive and Wolfe Parkway and a minimum of four two-story units. d. Parking shall comply with the following: i. There shall be a minimum of approximately 177 below-ground parking spaces for residents in Phase II. ii. Temporary public parking on future phase NW is required to be completed and available from May 15, 2003 until all permanent public parking is restored and available. Future phase NW shall not be used for construction worker parking, construction staging or construction trailers. Alternate parking solutions will be required if adequate public parking is not maintained at all times in accordance with PUD, redevelopment agreement and planning contract requirements. St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 19 of 20 iii. construction worker parking and screening shall be installed on Future Phase E in accordance with final plans approved by the Zoning Administrator; construction worker parking shall be installed and available prior to the start of Phase II construction or an alternate interim plan approved by the Zoning Adminstrator. Future Phase E shall not be used for construction staging or construction trailers. Approval of the temporary gravel surface is contingent upon the developer maintaining adequate dust control. e. Prior to starting any site work, the following conditions shall be met: i The City Attorney shall approve the association documents and other final plat documents, which shall be signed as required. ii. The Planning and EDA Redevelopment Contracts shall be amended to reflect all changes as necessary to address the Phase II approvals and to address, at a minimum, changes in the approved number of condominium units, construction staging/routes/hours/duration, required completion of improvements prior to occupancy and to address town green/park use, allowable administrative amendments, revised construction commencement/completion dates, prevention of garage space sales and rental to non-residents, and consistency between documents as required and approved by the City Attorney. iii. A new sidewalk easement shall be approved by the City Attorney and recorded against the Phase II property, and as-built Phase I drawings shall be recorded per the executed Phase I sidewalk easement. iv. Phase I and Phase II official exhibits shall be amended as required and signed by the City and applicant. v. Construction worker parking and screening shall be installed and available for use or an alternate interim plan approved by the Zoning Administrator. Approval of the temporary gravel surface on Future Phase E is contingent upon the developer maintaining adequate dust control f. The hours of Phase II construction shall be limited as follows: All outdoor activity and loud equipment operation shall be limited to the hours between 7:00 am and 5:00 pm weekdays and 9:00 am and 5:00 pm on holidays; no such activity shall take place on weekends. Indoor construction activity that does not involve loud equipment shall be limited to the hours between 7:00 am and 10:00 pm on weekdays and 9:00 am and 10:00 pm on weekends and holidays. The Zoning Administrator may approve outdoor construction beyond 5:00 pm weekdays and on weekends provided the developer requests such approval at least 24 hours in advance and, if approved, the developer is required to provide notice to neighbors as determined by the Zoning Administrator. Construction activity shall comply with all City ordinances at all times. g. Prior to issuance of any Phase II building permits, which may impose additional conditions, the following conditions shall be met: St. Louis Park City Council Agenda Item: 091503 - 7e - Exc & Grand II F-PUD Plat Page 20 of 20 i. color samples of all Phase II materials not used on Phase I, including a color sample of the Phase II crown material, shall be submitted and approved by the Zoning Adminstrator. ii. a final lighting plan shall be approved by the Public Works Director and Zoning Administrator. h. The developer shall pay an administrative fine of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds of Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 15, 2003 City Manager Mayor Attest: City Clerk 03-19-PUDfinal