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Home My WebLink About2003/12/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 15, 2003 7:30 p.m. 7:10 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Presentation of the City’s Annual Human Rights Award 3. Approval of Minutes a. City Council Minutes of December 1, 2003 Document b. City Council Study Session Minutes of November 10, 2003 Document c. City Council Study Session Minutes of November 24, 2003 Document d. 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 5a. Reappointments to Boards and Commissions Document Reappointment of commissioners whose terms are due to expire December 31, 2003 Recommended Action: Motion to reappoint commissioners Bissonette, Gothberg, Rudelius- Palmer, Mann, Clark and Lindenberg. 6. Public Hearings 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Changes to the 2004 Neighborhood Revitalization Grant Guidelines Document With input from Neighborhood Associations, the citizen grant review committee recommends changes to the guidelines for distributing 2004 revitalization funds. Recommended Action: Motion to accept 2004 Neighborhood Revitatlization Grant Guidelines Report from the Citizen Grant Review Committee. 8b. 2004 General Pay Increase Document Non-Union Employee compensation and Paid-on-call Firefighter Performance Program Recommended Action: It is recommended that the City Council adopt the attached resolution confirming a general increase for non-union employees and increasing performance program pay for Paid-on- call Firefighters. 8c. First Reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property Document Case Nos. 03-62-Z Recommended Action: Motion to approve First Reading of an ordinance to rezone 3705 Park Center Boulevard from R-C to M-X and set Second Reading for January 5, 2004. 8d. Adopt 2004 Budget, 2003 Revised Budget, 2004 Property Tax Levy, HRA Levy and 2004 – 2008 Capital Improvement Program Document This is the final step in approving the 2004 budget, 2003 revised budget, 2004 property tax levy, 2003 HRA levy and 2004 – 2008 Capital Improvement Program. Recommended Action: 1) Motion to adopt a resolution approving the 2003 Tax Levy collectible in 2004, adopting the Budget for 2004, and adopting the Revised Budget for 2003 2) Motion to adopt a resolution authorizing the HRA Levy for 2004 3) Motion to adopt a resolution approving an amendment to the Comprehensive Plan Year 2000 to Year 2020 for the City per Minnesota Statutes, incorporating the Capital Improvement Program (CIP) Year 2004 to Year 2008; approve summary resolution for publication 8e. Resolution to adopt Hennepin County Mutual Aid Agreement Document Resolution authorizing adoption of the Hennepin County Fire Chiefs Mutual Aid Agreement thereby allowing the Fire Department to give and receive aid throughout the County Recommended Action: Motion to approve Resolution authorizing the execution of the Hennepin County Chiefs Joint Cooperative Agreement for Use of Fire Personnel and Equipment. 8f. The request of Parkside Urban Flats LLC and City of St. Louis Park for a conditional use permit for the excavation of over 400 cubic yards of soil for property located at 390 and 460 Ford Road Document The applicant is proposing to remove approximately 800 cubic yards of soil for the expansion of a pond in Shelard Park and removal of 4,200 cubic yards of soil to accommodate underground parking for a new condominium building at 460 Ford Road. Recommen ded Action: 1. Motion to adopt resolution approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 390 Ford Road subject to conditions in the resolution. 2. Motion to adopt resolution approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 460 Ford Road subject to conditions in the resolution 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF DECEMBER 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 approve 2nd reading of an ordinance amending Chapter 18: Offenses and Miscellaneous Provisions, approve the summary and authorize summary publication Document 4b Motion to approve 2nd reading of an ordinance amending Chapter 24: Streets, Sidewalks and Other Public Places, approve the summary and authorize summary publication Document 4c Motion to approve 2nd reading of an ordinance amending Chapter 15: Gambling. Approve the summary and authorize summary publication Document 4d Motion to accept for filing the Planning Commission Minutes of November 19, 2003 Document 4e Approve Inter-fund loan to Storm Water Utility Fund from the Permanent Improvement Revolving (PIR) Fund Document 4f Motion to accept for filing the Parks and Recreation Advisory Commission minutes of September 17, 2003 Document 4g Motion to approve Krech, O’Brien, Mueller & Wass, Inc. as the building architect for the warming shelter and large picnic shelter at Oak Hill Park and for the development of future park building design standards Document 4h Motion to approve the Indemnification Agreement between the City of St. Louis Park, the St. Louis Park Economic Development Authority, Anderson Builders, and Oak Hill 3501 LLC. relative to the Purchase and Redevelopment Contract with Oak Hill 3501 LLC Document 4i Motion to approve Second Reading of an Ordinance Code (Zoning) amendment to the shading regulations proposed by Silvercrest Properties, LLC and modified by the Planning Commission and City Council, adopt the ordinance, approve the summary, and authorize publication Document 4j Adopt resolution reserving Funds in the Uninsured Loss Fund for the purpose of paying outstanding Workers Compensation claims Document 4k Motion to adopt the attached resolution rescinding Resolution No. 03-152 and adopting the attached revised list of snow removal exempt parking areas dated December 15, 2003 Document 4l Motion to adopt the attached resolution accepting the revised City of St. Louis Park Snow and Ice Control Policy Document 4m Motion to accept Vendor Claims for filing (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING December 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: 121503 - 2a - Human Rights Award Presentation Page 1 of 1 2a. Presentation of the City’s Annual Human Rights Award Background: Each year, the St. Louis Park Human Rights Commission coordinates an award to honor individuals and organizations that contribute to increasing understanding and cooperation between people of different backgrounds. Award recipients are recognized as leaders who support our vision of creating a community in which diversity is a natural part of everyday life. Three groups of recipients were chosen for 2003. Nominations are made by community members and the winners are selected by the Human Rights Commission. The current Human Rights Commissioners are: Matthew Armbrecht, Student Colleen Clark, Kristen Edsall, Annie Gaffney, Julie Kirsch, Kristi Rudelius-Palmer and Chairperson Kristin Siegesmund. 2003 Award Recipients: St. Louis Park Emergency Program, STEP STEP is honored for their work that stresses cultural sensitivity and inclusion in all of the community services they provide. They offer ethnically appropriate foods at their food shelf and provide bilingual counseling by their social workers. STEP serves a diversity and St. Louis Park residents creating a welcoming climate in our city for all neighbors. Women’s Club of St. Louis Park The Women’s Club is honored for their annual youth scholarship program. Access to quality education is recognized as a universal human right. The funds they raise and donate each year reduce the barrier faced by needy students to reach their higher education goals. Creating an inclusive community is not only accomplished by volunteers and direct service providers. Clubs, businesses and groups that provide funding for such programs are an essential community component. The Women’s Club also donates funds to other groups that promote cooperation in our community, including Meadowbrook, ECFE, Teens Alone, DARE, Lenox Senior Programs and the Kids Café. Fern Hill Neighbors Anne & Bruce Hope, Tom Glaser & Greg Leder and Catherine & Stuart Morgan are all honored for taking action against prejudice. When an out of town organization distributed bias literature in their neighborhood they stood up against it. They countered its negative message by distributing a letter affirming the inclusive and welcoming values inherent to the Fern Hill neighborhood. Many neighbors supported their response by placing a rainbow flag in their own front yards. Prepared by: Martha McDonell, Outreach Coordinator and Human Rights Commission Liaison Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 3a - Council Minutes of 12-1-03 Page 1 of 5 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 1, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:56 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Councilmember Omodt arrived at 8:40 p.m. Councilmember Velick was absent. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Economic Development Coordinator (Mr. Hunt); Director of Finance (Ms. McGann); City Assessor (Mr. Stepnik); Planning and Zoning Supervisor (Ms. Jeremiah); Associate Planner (Ms. Grove); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations Mayor Jacobs read a proclamation recognizing the soon-to-be-departed City Manager, Charlie Meyer, for his service and leadership as City Manager for the past 10 years. 3. Approval of Minutes 3a. City Council Minutes of November 17, 2003 The minutes were approved as presented. 3b. City Council Special Meeting Minutes of November 10, 2003 The minutes were 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 member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Approve Ordinance No. 2258-03, second reading of text amendments to the Ordinance Code Chapter 6, Article V, Property Maintenance Code and Chapter 34, Section III, Weed Elimination. 4b Authorize execution of a one (1) year extension to Contract No. 123-01 with ENSR Consulting and Engineering for consultant services related to the implementation of the St. Louis Park City Council Agenda Item: 121503 - 3a - Council Minutes of 12-1-03 Page 2 of 5 Reilly Tar & Chemical Corporation (Reilly) Remedial Action Plan (RAP) during year 2004 4c Adopt Resolution No. 03-177 authorizing installation and special assessment of a fire sprinkler system at 4046 Brookside Ave. So. and directing the Mayor and City Manager to execute a special assessment agreement with the property owner 4d Authorize execution of a contract extension to Contract No. 1893 with Severn Trent Services (STL - Denver) for laboratory services related to the Reilly Tar & Chemical Corporation groundwater sampling program through year 2004 4e Adopt Resolution No. 03-178 authorizing final payment to Ron Kassa Construction in the amount of $769.99 for completion of random curb and gutter work – Project 03-07 4f Accept Planning Commission Minutes of November 5, 2003 for filing 4g Mayor Jacobs removed Item 4g from the Consent Calendar. (Motion to approve the Indemnification Agreement between the City of St. Louis Park, the St. Louis Park Economic Development Authority, Anderson Builders, and Oak Hill 3501 LLC relative to the Purchase and Redevelopment Contract with Oak Hill 3501 LLC) 4h Approve Resolution No. 03-179 supporting the continued study of the Southwest Corridor for light rail transit 4i Accepting the Vendor Claims for filing Mayor Jacobs advised that Item 4g be removed from the Consent Calendar because the companion EDA item was referred to a December 8, 2003 Study Session. (See the EDA minutes of December 1, 2003, Items 7b and 7c). Mr. Meyer reported that the Council has received a correction to Item 4c; the interest rate should be 6.06%. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 5-0. 5. Boards and Commissions 5a. Motion to appoint Randall Snow to the Human Rights Commission It was moved by Councilmember Santa, seconded by Councilmember Sanger, to appoint Randall Snow to the Human Rights Commission. The motion passed 5-0. 6. Public Hearings 6a. Public Hearing on the 2004 Budget and Property Tax Levy St. Louis Park City Council Agenda Item: 121503 - 3a - Council Minutes of 12-1-03 Page 3 of 5 Finance Director Jean McGann reported on the 2004 budget and property tax levy, and on the impacts of reduced local government aid (LGA) for 2003 and the elimination of LGA for 2004. Mayor Jacobs opened the public hearing. J. Sandstrom, 2957 Yukon Avenue North, Crystal, inquired about escalating property taxes on his St. Louis Park business property. Ms. McGann said all tax rates are set by the State of Minnesota, however, if it is a property evaluation issue, the City Assessor can meet with Mr. Sandstrom regarding evaluation. Diane Steenhenderly, 2829 Yosemite Avenue South, provided her perspective on progressive taxes. She said state aid cuts should be noted on tax notices. Mayor Jacobs closed the public hearing. The budget adoption process will take place at the City Council meeting of December 15, 2003. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. First Reading of proposed Ordinance Code (Zoning) amendment by Silvercrest Properties, LLC to modify the shading regulations so that they only protect residential use properties Planning and Zoning Supervisor Janet Jeremiah present a Staff report. Ms. Jeremiah stated that Staff is recommending as an alternate consideration stating that shading on existing public spaces and outdoor employee break areas shall be minimized to the extend reasonable and possible on any adjacent property. Councilmember Sanger is comfortable with the alternate recommendation including the additional language Staff has regarding break areas and public spaces. Councilmember Sanger asked what is meant by adjacent building. Ms. Jeremiah said under the current ordinance, adjacent properties would include those across the street or affected properties. Ms. Jeremiah said perhaps affected would be better than adjacent. It was moved by Councilmember Santa, seconded by Councilmember Basill, to approve First Reading of an ordinance amendment that would exempt Industrial-zoned properties from shading protection via the alternative recommendation and with the modification and language as proposed by Councilmember Sanger, i.e., affected rather than adjacent, and allow approval of shading of buildings within PUDs, CUPs, and Special Permits as recommended by staff and the Planning Commission and to set Second Reading for December 15, 2003. The motion passed 5-0. 8b. Request by Belt Line Industrial Park, Inc for a minor amendment to a Planned Unit Development for one additional bank drive-through lane, and to waive the requirement for park dedication fees required with an St. Louis Park City Council Agenda Item: 121503 - 3a - Council Minutes of 12-1-03 Page 4 of 5 administrative lot division. 5000 & 5050 W. 36th Street, Case No. 03-76-PUD & 03-77-S. Resolution No.’s 03-175 and 03-176 Planning Associate Julie Grove presented a Staff report. Ms. Grove said Staff is recommending that the resolution be amended to eliminate the post office use and the mailboxes; the Applicant has indicated the post office will not occupy the retail building. Ms. Grove said Mr. McCain is requesting two minor changes to the resolution: On page 5 of the Staff report, Mr. McCain requests changing convert the post office retail to read retail service office/medical office (see page 2 of the revised resolution); and on page 7 of the Staff report, condition 15(b)(3), delete and utility easement. Ms. Grove said Staff is amenable to both requests. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to adopt the revised Resolution No. 03-175 approving a minor amendment to allow the addition of a fourth bank drive through lane, subject to conditions in the resolution; and as advised and recommended by the Applicant. The motion passed 6-0. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to adopt Resolution No. 03-176 approving the waiver of park dedication fees with an administrative lot division. The motion passed 6-0. 8c. 1st Reading of an ordinance amending Chapter 24: Streets, Sidewalks and Other Public Places City Clerk Cindy Reichert reported on some minor proposed ordinance changes to clarify existing provisions regarding sweeping leaves into streets and obstructing streets, sidewalks and public ways. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. 8d. 1st Reading of an ordinance amending Chapter 15: Gambling Ms. Reichert reported on revisions required due to changes in statute and proposed revision to public hearing requirement. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. St. Louis Park City Council Agenda Item: 121503 - 3a - Council Minutes of 12-1-03 Page 5 of 5 8e. 1st Reading of an ordinance amending Chapter 18: Offenses and Miscellaneous Provisions Ms. Reichert reported on the addition of Article VII, unclaimed property in accordance with requirements of M.S.A. § 471.195. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to approve 1st reading and set second reading for December 15, 2003. The motion passed 6-0. (Note: Mayor Jacobs requested Item 9 precede Item 8f). 9. Communications In regard to Mr. Meyer’s departure, Councilmember Brimeyer stated that the personality of an organization is reflected in the organization and personality of its CEO, and Charlie has left a good personality with this organization. Mr. Meyer responded that he has appreciated the support the Council has given him; the Council has always respected him and Staff. Mr. Meyer said Council has trusted Staff to get the job done. 8f. Executive Session: Threatened Litigation At 8:48 p.m., the Council moved to executive session to discuss threatened litigation regarding billboards at the Texa-Tonka Shopping Center. 10. Adjournment ______________________________________ ______________________________________ Secretary President St. Louis Park City Council Agenda Item: 121503 - 3b - Council Minutes of 11-10-03 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION November 10, 2003 The meeting convened at 7:02 p.m. Present at the meeting were Councilmembers John Basill, Paul Omodt, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Councilmember Brimeyer arrived at 7:45 p.m. Councilmember Velick was absent. Staff present: Community Development Director/Acting City Manager (Mr. Harmening); City Attorney (Mr. Scott); Director of Finance (Ms. McGann); Human Resources Director (Ms. Gohman); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); City Engineer (Ms. Hagen); and Recording Secretary (Ms. Samson). 1. Proposed Ordinance Amending Chapter 6 Article V—Property Maintenance Code Brian Hoffman discussed the proposed ordinance adopting the 2003 edition of the International Code Conferences (“ICC”) and the International Property Maintenance Code (“IPMC”) with revised amendments to the Property Maintenance Code for the City. Mr. Hoffman said Staff is proposing consideration of this ordinance to remain with the most current edition and use the opportunity to include several provisions recommended by the City Attorney to improve the City’s response in the most difficult situations requiring posting of a property. Manny Camilon discussed code enforcement and code enforcement consistency. Mr. Camilon reported on Point of Sale inspection. Councilmember Sanger inquired about lead time for Point of Sale inspections. Mr. Camilon said the current lead time is approximately 2 ½ days; during recent peak demand, the lead time was five to seven days. Mr. Camilon also discussed alley clean-up. In regard to Section 302.4, Weeds, Councilmember Basill asked about weeds and the proposal that “all premises and exterior property shall be maintained free from all noxious weeds or turf grass growth in excess of six inches.” He asked if that would include flower gardens over six inches and, if so, would that be a violation? Mr. Hoffman responded that Staff does not want to instigate a conflict with the weed abatement requirement. Mr. Camilon added that native grasses are allowed to be higher than six inches. In regard to Section 304.7, Roofs and Drainage, Councilmember Basill asked if replacement shingles must match existing shingles; can the City require matching shingles? Mr. Hoffman replied that the City may not require matching shingles. In regard to Section 304.7, Roofs and Drainage, Councilmember Santa asked about redirecting water, and Mr. Hoffman said it is addressed on a case-by-case basis. St. Louis Park City Council Agenda Item: 121503 - 3b - Council Minutes of 11-10-03 Page 2 of 3 Councilmember Basill said the standard operating policy is to prioritize based on safety and blight. He inquired if it might be a good idea to also state that priority is based on adjacent properties, however, Councilmember Sanger thinks it would be best not to do so. Tom Harmening said, in the future, it would be a good idea to discuss the various types of code enforcement. Mr. Harmening said there is a need to reconcile the various modes of enforcement. Councilmember Sanger asked if another “200” sweep should or could be done soon. Mr. Camilon said Staff is contemplating several ways in which to deal with code enforcement. Mr. Harmening said Staff will check to determine if money is available to do another sweep. Councilmember Sanger inquired what enforcement mode will be used in regard to boulevard trees and their maintenance. She also inquired about where property owners should direct their tree complaints. 2. 2004 Proposed and 2003 Revised Budget Discussion Jean McGann discussed the use of reserves. Ms. McGann stated that the 2003 Revised Budget and the 2004 Proposed Budget will require using reserves in order to balance the budgets. Councilmember Santa said she is uncomfortable tapping into reserves so much. Ms. McGann discussed police and fire pension, and its funds can only be used for police and fire. Ms. McGann made the following correction to page 18, paragraph 4, line 4 of her report: change 25% to 50%. The sentence regards trees that are diseased or damaged by a storm, and the City will subsidize the take down at a level of 50%. Mayor Jacobs and Councilmember Santa expressed their satisfaction with the 50% subsidy. 3. Lamplighter Pond Flood Improvement Project Update Maria Hagen provided a verbal report to update the City Council on the status of the Lamplighter Pond Flood Improvement Project, further testing, and a revised project time frame. Ms. Hagen summarized recent concerns that have been raised. Ms. Hagen said there will be additional testing, and construction may begin in the summer of 2004. Councilmember Sanger is sorry about the lack of valid technical data. Ms. Hagen said residents have been notified of the delay, and Mayor Jacobs said to report why the delay is taking place. 4. City Manager Profile Mr. Harmening excused himself and exited the room at 9:00 p.m. Nancy Gohman presented ideas and suggestions regarding recruitment for the City Manager position. Ms. Gohman distributed a draft profile to Council for approval. Ms. Gohman furnished an St. Louis Park City Council Agenda Item: 121503 - 3b - Council Minutes of 11-10-03 Page 3 of 3 informational sheet on gathering community input, and Councilmembers were assigned to various groups to solicit their input on drafting a profile for the City Manager position. Councilmember Sanger stated that she would like to include strong language that a potential City Manager would have been head of a pyramid. She would like to include an additional bullet point to state: “Experience as the chief executive of a government entity is highly desirable.” Some Councilmembers reported that the salary range is misleading. Councilmember Sanger suggested stating the salary cap and state generous time off. Council discussed salary. The Council consensus was that the language in the compensation section requires more work. Ms. Gohman reported that residency requirements are illegal, however, Councilmember Sanger would like to encourage it. Ms. Gohman and the Council discussed the process to get feedback regarding the City Manager profile. Ms. Gohman said the deadline to finalize the profile is December 1, 2003. Mr. Harmening returned to the room at 9:07 p.m. 5. Lou Park Apartment Section 8 Project-Based Rental Assistance Opt-Out Councilmembers received a written report regarding Lou Park Apartments. 6. Communications Councilmember Basill updated the Council regarding the Final PUD for Park Nicollet. Councilmember Basill and Mr. Harmening met with Park Nicollet for four hours. Councilmember Basill said an alternative resolution will be presented at the November 17, 2003 Council meeting. Mr. Harmening briefly reported on STEP and its potential relocation. Councilmember Basill stated that he favors helping STEP. Councilmember Sanger requested that Staff look into MAP. Mr. Harmening briefly reported on the TexaTonka Shopping Center and its rooftop billboards. 3. Adjournment The meeting adjourned at 9:23 p.m. ________________________________ _________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 121503 - 3c - Council Minutes of 11-24-03 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION November 24, 2003 The meeting convened at 7:05 p.m. Present at the meeting were Councilmembers John Basill, Sue Santa, Sally Velick, Paul Omodt and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer); Finance Director (Ms. McGann); Community Development Director (Mr. Harmening); Planning Supervisor (Ms. Jeremiah); Economic Development Coordinator (Mr. Hunt); Housing Supervisor (Ms. Schnitker); and City Clerk (Ms. Reichert). 1. TIF District Update Ms. McGann introduced Mr. Mark Ruff of Ehlers and Associates. Mr. Ruff presented the semi-annual TIF update to council. The report presented indicated revenues generated from each TIF district and fund available to pay outstanding obligations. The report also identified findings and presented recommendations regarding management of city bonds. Mr. Ruff reported that the city is in a very favorable position and using the Tax Increment Financing tool prudently. Council was pleased with the format of the report. 2. Project for Pride in Living (PPL) – Louisiana Court City staff and representatives from PPL met with council to provide an update on the current financial status o the Louisiana Court Development. Steve Cramer, Executive Director and Barbara McCormick, Director of Housing Development, of PPL were in attendance to present information and answer council’s questions. PPL and the Louisiana Court Development have been experiencing less than ideal cash flow and were not able to meet all of the financial targets for 2003 as outlined in the Loan Agreement. PPL presented a plan to implement a number of strategies to increase occupancy, which they feel will solve their financial problems. Council was pleased with PPL’s efforts to continue screening applicants rather than renting vacant units to persons that may have less than ideal records in terms of crime and ability to pay rent. Mayor Jacobs stated that when the project was approved in 1998 council knew this was a thinly financed project, but also felt it was important for the community. He stated that he felt PPL was taking appropraite steps to resolve their problems. Councilmember Santa suggested that PPL submit regular reports to the council to keep them informed of the situation. Mr. Harmening offered to provide regular updates through staff. St. Louis Park City Council Agenda Item: 121503 - 3c - Council Minutes of 11-24-03 Page 2 of 3 Mr. Meyer suggested that July 1st would be an appropriate target date for meeting the debt services goals with regular updates to be provided between now and then. Mr. Harmening commended PPL for operating according to the principles established when the project was approved. 3. Indemnity Clause - Anderson Builder’s Purchase Agreement for 3501 Louisiana Ave Mr. Greg Anderson of Anderson Builders, Steve Bubul, the city’s EDA attorney and Steve David of ENSR were also present at the meeting. Staff and legal counsel updated council on several questions regarding liability pursuant to the Reilly Tar Consent Decree. The question had been raised as to whether supplemental coverage could be obtained from the League of MN Cities Insurance Trust to cover the proposed liability of the city and EDA in excess of otherwise applicable limitations under MN statutes. If not, the question was whether an environmental insurance policy could be obtained and at what cost. Mr. Bubul explained to council how the proposed indemnification agreement was structured and stated that he felt the proposed agreement was reasonable. A number of questions followed regarding the specifics of the agreement. Mr. Meyer gave a brief history of the site from the 1960’s to present. Mr. Harmening stated that by entering into the proposed agreement, the city would not be in any worse position than they are currently. Councilmember Basill asked if the city did agree to indemnify Anderson for future claims resulting from the environmental problems on the site, would that be added value and should the purchase price be reconsidered. Mr. Harmening explained that the pro forma and stated return on investment determined the price of the property. $80,000 has been included in the pro forma for environmental remediation and asking for a higher price for the land would not necessarily result in a better project. Councilmember Basill asked if the city should have the MPCA standards reviewed by another party and would our care to take additional steps reduce our liability in any way. Mr. Harmening responded that both the City and the Developer have brought in additional consultants already and also stated that the MPCA had signed off on the project. It was unlikely that they would, in the future, impose additional requirements on the city or the developer. Councilmember Santa felt that we should move forward with the agreement, recognizing the difficulty of development on a former superfund site. She trusted staff to use their best judgment in brining all factors into consideration and was in support of the proposal. Mr. Anderson assured council that it is also in his best interest to take every step along the way to ensure that there is not future liability associated with the development. He belied that based on the statuts of the propoerty that he was offering a good price and was not interested in going back for further negotiations. St. Louis Park City Council Agenda Item: 121503 - 3c - Council Minutes of 11-24-03 Page 3 of 3 Mr. Harmening stated that he and other city staff were also comfortable with the proposal. Mayor Jacobs and Councilmember Velick stated that they were also comfortable with moving forward. Mr. Hunt offered to prepare documents for the following Monday evening. Concern was expressed that two councilmembers were not present for this discussion and may have questions. Mr. Harmening offered to contact them and provide any information they might need before taking action. 4. Shading Ordinance Ms. Erickson and Ms. Jeremiah introduced the subject by informing council about the Planning commission public hearing that had been held on the subject. The Planning commission had recommended approval of an amendment that eliminated protecton of industrially zoned properties, but maintained protection of both commercial and residentially zoned properties. Councilmember was uncomfortable in that she wanted to protect break areas used by workers in industrial areas. Ms. Jeremiah offered to put language into the ordinance to satisfy the concern expressed prior to bringing back to council for approval. 5. Council Communications Ms. Reichert presented a League of MN Cities handbook regarding meetings of city councils in which use of email was discussed. Discussion ensued regarding how email could appropriately be used for communication and when use of email may be in violation of open meeting law requirements. 6. Council Conference Planning Because several members of council had expressed interest in attending various seminars, Ms. Reichert presented information regarding budget appropriations for 2004. Council also discussed how to process requests for reimbursement and were informed that it was necessary to present original receipts should reimbursement be requested. 6. Police Advisory Commission Appointments Council informed staff as to which applicants were named finalists and requested that all finalists be subjected to a Police background check on their criminal records.. 7. Adjournment The meeting adjourned at 10:20 p.m. ________________________________ _________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 121503 - 4a - 2nd Reading Unclaimed Property Page 1 of 4 4a. Motion to approve 2nd reading of an ordinance amending Chapter 18: Offenses and Miscellaneous Provisions, approve the summary and authorize summary publication. Background: At the time of recodification, the City Clerk and Police Department staff reviewed the city’s ordinance regarding unclaimed property which had been in effect since 1975 and determined that the city would be better served in following provisions contained in M.S.A. § 471.195. Therefore, the municipal ordinance was not carried forward into the new code and the city has been operating under provisions contained in state statute since adoption of the new code in January of 2002. It has come to our attention that in addition to outlining procedures for disposition of unclaimed property, the statute also requires municipalities to adopt their own ordinance stating how unclaimed property will be disposed of, including designation of a fund into which the proceeds from the sale of the property are placed. Adoption of this ordinance does not change the procedures under which the city operates and merely brings us into compliance with the requirements of the statute. Attachments: Proposed Ordinance Prepared By: Cindy Reichert, City Clerk Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4a - 2nd Reading Unclaimed Property Page 2 of 4 ORDINANCE NO. 2259-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 18: OFFENSES AND MISCELLANEOUS PROVISIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 18 of the St. Louis Park Municipal Code is hereby amended to add Article VII to read as follows: Article VII. UNCLAIMED PROPERTY; DISPOSAL Sec. 18-151. Purpose and scope of article. In accordance with M.S.A. § 471.195, the purpose of this article is to provide for the custody and disposal of property lawfully coming into the city’s possession in the course of municipal operations and remaining unclaimed by the owner. Sec. 18-200. Custody of Property. The chief of police will take custody of all personal property, including lost money, lawfully coming into the possession of the city and city employees in the course of municipal operations and remaining unclaimed by the owner. The chief of police must retain the property in a safe place for a period of at least 60 days, unless claimed by the true owner with satisfactory proof of ownership. The chief must keep a record of the property, including its disposition. Sec. 18-201. Disposition of Property. Property held in custody by the chief of police and not claimed by the true owner within 60 days will be deemed abandoned. The chief of police may dispose of non-monetary abandoned property in one of the following ways: 1. sell the property at public sale following 10 days published notice in the official newspaper; 2. return lost property to its finder; 3. convert usable property to city use; or 4. donate the property to a tax-exempt, non-profit organization if the donation is authorized by law. Property not purchased at a sale may then be disposed of by the chief in any reasonable manner. St. Louis Park City Council Agenda Item: 121503 - 4a - 2nd Reading Unclaimed Property Page 3 of 4 Sec. 18-202. Summary Disposal. The chief of police may dispose of unclaimed property without notice and in a summary manner when he/she believes this to be in the public interest and if he/she determines that the property: 1. is of a dangerous or perishable nature; 2. is contraband; 3. has no resale value; or 4. cannot be legally or safely sold at public sale. Sec. 18-203. Disposition of Funds. Together with found money that has been held for 60 days, the chief of police must deliver all money that was received from the sale of abandoned property to the finance director for deposit into the city’s general fund. If no claim has been made by the former owner with satisfactory proof of ownership, found money may be returned to the finder; otherwise the money will revert to the city's general fund. Sec. 18-204. Special Provisions: Police Department. Money and other property lawfully seized by, or voluntarily surrendered to, the city at the scene of a crime or during an official police investigation must be retained by the chief of police in a safe place for at least 60 days. If not lawfully claimed by the true owner with adequate proof of ownership during that time, non-monetary property may be disposed of in accordance with Section 18-201. Sale proceeds and seized money may then be deposited in the police department forfeiture and seizure account to be used only for law enforcement purposes. Sec. 18-205. Claim of Former Owner. If the former owner of property disposed of at public sale makes application and furnishes satisfactory proof of ownership within six months of the sale, he/she shall be paid the proceeds of the sale of his property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. Sec. 18-206. Disposition of Abandoned Motor Vehicles. The chief of police must dispose of abandoned motor vehicles by following the procedure in M.S.A. § 168B.01 through §168B.101. SECTION 2. This Ordinance shall take effect fifteen days after its publication. (Signature Block) St. Louis Park City Council Agenda Item: 121503 - 4a - 2nd Reading Unclaimed Property Page 4 of 4 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 18: OFFENSES AND MISCELLANEOUS PROVISIONS In accordance with M.S.A. § 471.195, the purpose of this ordinance is to provide for the custody and disposal of property lawfully coming into the city’s possession in the course of municipal operations and remaining unclaimed by the owner. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 15, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 25, 2003 St. Louis Park City Council Agenda Item: 121503 - 4b - 2nd Reading Misc Street Ord Revisions Page 1 of 3 4b. Motion to approve 2nd reading of an ordinance amending Chapter 24: Streets, Sidewalks and Other Public Places, approve the summary and authorize summary publication Background: Staff is proposing two minor ordinance revisions intended to clarify provisions already contained in the code: Depositing Leaves in Public Streets - This restriction has been cited under provisions for litter (Section 12-92). The term “litter” in that section is defined as “…garbage, refuse and rubbish, and all other waste material which, if thrown or deposited as prohibited in this article, tends to create a danger to public health, safety and welfare.” Staff has found it difficult to communicate to the public that even though leaves are not expressly mentioned in the section, restrictions against littering also mean that leaves cannot be dumped into the street. We believe this restriction could be better communicated to the public by including more specific language in Chapter 24 (Streets, Sidewalks and Other Public Places). Proposed language refers back to Chapter 12 (Nuisances) for procedures on abatement and assessment. Section 24-51. Sweeping leaves into street prohibited. No person shall sweep or otherwise deposit leaves, grass clippings or other yard waste onto any sidewalk, public property or public way. Violation of this provision is declared a nuisance under section 12-31. Obstructing sidewalks and public ways – Current code language states that no vehicles may obstruct any sidewalk or public way, but does not address other obstructions. Examples of “other” obstructions that have been observed by staff include pallets of landscape materials, and deliveries of soil, gravel and sod. Public works has requested that the restrictions against obstructing sidewalks and public ways be expanded to include more general language. Proposed language refers back to Chapter 12 (Nuisances) for procedures on abatement and assessment. Sec. 24-43. Obstructing sidewalks and public ways. No person shall leave or allow to be left any vehicle which obstructs any sidewalk or other public way of this city longer than is necessary for loading or unloading the same, unless granted a permit to do so by the city. Except for vehicles, no person shall leave or allow to be left any object on any street or other public way. Violation of this provision is declared a nuisance under section 12- 31. Attachments: Proposed Ordinance Prepared By: Cindy Reichert, City Clerk Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4b - 2nd Reading Misc Street Ord Revisions Page 2 of 3 ORDINANCE NO. 2260-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 24: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 24 of the St. Louis Park Municipal Code is hereby amended as follows: (*** denotes section breaks) *** Sec. 24-43. Obstructing sidewalks and public ways. No person shall leave or allow to be left any vehicle which obstructs any sidewalk or other public way of this city longer than is necessary for loading or unloading the same, unless granted a permit to do so by the city. Except for vehicles, no person shall leave or allow to be left any object on any street or other public way. Violation of this provision is declared a nuisance under section 12- 31. *** Section 24-51. Sweeping leaves into street prohibited. No person shall sweep or otherwise deposit leaves, grass clippings or other yard waste onto any sidewalk, public property or public way. Violation of this provision is declared a nuisance under section 12-31. SECTION 2. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council December 1, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 121503 - 4b - 2nd Reading Misc Street Ord Revisions Page 3 of 3 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 24: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES This ordinance states that no person may deposit leaves, grass clippings or other yard waste onto any sidewalk, public property or public way, and that except for vehicles, no person shall leave or allow to be left any object on any street or other public way. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 15, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 25, 2003 St. Louis Park City Council Agenda Item: 121503 - 4c - 2nd Reading Gambling Ordinance Revisions Page 1 of 4 4c. Motion to approve 2nd reading of an ordinance amending Chapter 15: Gambling. Approve the summary and authorize summary publication. Background: During the 2003 legislative session, revisions were made to statute which eliminate the classifications of licenses and which raise the amount of raffle prizes allowed before obtaining a premises permit. Changes to sections 15-1, 15-4 and 15-7 reflect those statute revisions. Public Hearing Requirement: Staff is also proposing to eliminate the city’s distance requirement which calls for a public hearing to be held whenever approval is sought for a premises permit (pull-tab permit) where the gambling activity is located within 350 feet of a residence, school or place of worship. Our ordinance states that a premises permit can only be issued to a licensed organization’s hall, such as a VFW, or in licensed on-sale liquor, wine and beer establishments. Staff feels that the location requirements already imposed on these primary uses are sufficient to limit the effect of gambling activities on our residents, schools and churches. In addition, it is important to note that the notice requirement generates very little public interest. Indeed, staff cannot recall the last time a resident attended a public hearing to consider a gambling permit application. Attachments: Proposed Ordinance Prepared By: Cynthia Reichert, City Clerk Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4c - 2nd Reading Gambling Ordinance Revisions Page 2 of 4 ORDINANCE NO. 2261-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 15: GAMBLING THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Municipal Code is amended by adding Chapter 15 to read as follows (Section breaks are represented by ***): Sec. 15-1. Definitions. *** Class of license means a class A, B, C or D license issued by the board as authorized under M.S.A. § 349.16, subd. 6, as amended. *** Sec. 15-4. Gambling permitted. *** (4) A raffle may be conducted without a premises permit if it is conducted by an organization and if the value of all raffle prizes awarded in a calendar year do not exceed $750.00 $1,500 or if the raffle is conducted by a tax exempt health or social service organization under contract to the state or a political subdivision if the prizes awarded are real or personal property donated by an individual, firm or other organization. *** Sec. 15-7. Location criteria for premises permits. (a) Gambling in the city may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings; (2) In licensed on-sale liquor, wine and beer establishments; (3) Class D Raffle only) premises permits, when required, are exempt from the location restrictions set forth in this section. (4) No location shall be approved unless it complies with the applicable zoning, building, fire and health codes of the city and other regulations contained in this chapter. (b) A person or organization, other than an organization, which leases any premises it owns to an organization for the purpose of conducting bingo, may not allow more than 18 bingo occasions to be conducted on the premises in any week. Not more than six bingo occasions each week may be conducted by an organization. At least 15 bingo games must be held at each occasion and a bingo occasion must continue for at least 1.5 hours, but not more than four consecutive hours. St. Louis Park City Council Agenda Item: 121503 - 4c - 2nd Reading Gambling Ordinance Revisions Page 3 of 4 (c) Prohibited areas shall be as follows: (1) No premises permit shall be issued for any location within 350 feet of any dwelling (residence), school or place of worship. (2) The distance imposed in subsection (c)(1) of this section may be waived at the discretion of the city council, provided a notice of the time and place of the city council meeting at which the application will be considered shall be mailed at least ten days before the date of the city council meeting to all property owners of record located, wholly or partly, within 350 feet of the site where the lawful gambling is proposed. This notice will advise the owners that they may file any objections with the city clerk prior to the city council meeting or that they may attend the meeting and be heard. SECTION 2. Effective Date: This ordinance shall take effect 15 days after is publication. Reviewed for Administration: Adopted by the City Council December 17, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 121503 - 4c - 2nd Reading Gambling Ordinance Revisions Page 4 of 4 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE CHAPTER 15: GAMBLING This ordinance makes revisions to the city’s ordinance to eliminate the classifications of licenses and raising the amount of raffle prizes allowed before obtaining a premises permit and eliminating the city’s distance and public hearing requirements for premises permits. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 15, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 25, 2003 St. Louis Park City Council Agenda Item: 121503 - 4d - Planning Commission Minutes of 11-19-03 Page 1 of 5 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA November 19, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian Michelle Bissonnette arrived at 6:03 p.m. MEMBERS ABSENT: Phillip Finkelstein STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells 1. Call to order - Roll Call Chair Robertson called the meeting to order at 6:00 p.m. 2. Approval of Minutes of November 5, 2003 A. Regular Meeting B. Study Session Commissioner Gothberg moved to approve the Regular Meeting minutes and the Study Session minutes of November 5, 2003. The motion passed 5-0. 3. Hearings: A. Case No. 03-62-Z--City-initiated rezoning of 3705 Park Center Boulevard (Wayside House property) from R-C High Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property. Planning and Zoning Supervisor Janet Jeremiah presented a staff report. Ms. Jeremiah reported that the 1998 Park Commons West consensus recommendations of the task force confirmed the future use of the Wayside House property for Civic Mixed Use. In 1999, the Comprehensive Plan 2000-2020 became effective and designated this property for Civic Mixed Use. Per State law, the zoning is required to be consistent with the Comprehensive Plan. Ms. Jeremiah said staff met with the executive director of Wayside House, Sharon Johnson, on September 16, 2003, to revisit the issue of rezoning the property to M-X. Based upon the fact that the existing use would continue to be permitted and could be included in a future redevelopment of the property, Ms. Johnson indicated that she had no objections to the rezoning. St. Louis Park City Council Agenda Item: 121503 - 4d - Planning Commission Minutes of 11-19-03 Page 2 of 5 Sharon Johnson, Executive Director of Wayside House, said their board has not done anything that would constitute a redevelopment plan; they have discussed “what if” opportunities. Commissioner Gothberg asked if the City has an easement for a roadway through the property, and Ms. Jeremiah said currently, an easement would be a potential, and Judie Erickson, Planning Coordinator, said the City does not own any right-of-way. Chair Robertson opened the public hearing. With no one wishing to speak, Chair Robertson closed the public hearing. It was moved by Commissioner Carper to recommend approval of a zoning map amendment of 3705 Park Center Boulevard from R-C to M-X. The motion passed 6-0. B. Case No. 03-69-CUP--Request of Parkside Urban Flats LLC and City of St. Louis Park for a conditional use permit for the excavation of approximately 800 cubic yards of soil for the expansion of a pond in Shelard Park and removal of 4,200 cubic yards of soil to accommodate an underground parking for property located at 390 and 460 Ford Road. Ms. Erickson presented a staff report. The applicant is proposing to construct a 70-unit condominium project at 460 Ford Road, however, tonight’s discussion and subsequent action regards a request for a CUP for excavation of a pond in Shelard Park and removal of soil. Ms. Erickson stated that she reviewed the landscape restoration plan for the pond, and storm water drainage calculations must meet code requirements and be approved by the Public Works Department. Site drainage calculations were submitted on November 13, 2003. Ms. Erickson stated that the developer must submit a drainage analysis of storm water flow to the pond from the sub-watershed including the proposed increased flow from the Parkside development to show adequate storage capacity in the modified pond. Ms. Erickson said the 60” storm pipe is on a piling, which creates concern in regard to the construction phase. Commissioner Carper asked about maintenance standards for the pond, and who would be responsible for the long-term maintenance. Ms. Erickson said the pond maintenance would be the responsibility of the City. Charlie Melcher, engineer from Quality Site Design, said he provided a number for excavation within the site. Mr. Melcher said a drainage study was done and the study revealed no inlet or outlet pipes whatsoever. Mr. Melcher said the City Engineer, Maria Hagen, expressed concern about what might happen if the 42” pipe were to exceed capacity. Mr. Melcher performed more analysis in regard to water flow and storm events. At Ms. Hagen’s request, the applicant can restrict the outflow even more and create a bigger bounce, which would be less taxing on the pipe. Mr. Melcher said he will check on the capacity of the pipe and the drainage area. St. Louis Park City Council Agenda Item: 121503 - 4d - Planning Commission Minutes of 11-19-03 Page 3 of 5 Chair Robertson opened the public hearing. Maxine Ellis, 420 Ford Road, #326, presented a petition with 45 signatures representing Shelard Village apartments and Coach Homes I, and they strongly oppose the excavation. They are unaware if a feasibility study has been done; their concerns regard trucks, traffic stress, the water table, the wetland, air quality, and the natural lake. The petition states: We do not support the request for the CUP to permit excavation of over 400 cubic yards of soil at 390 Ford Road and 460 Ford Road, nor do we support excavation for underground parking for the proposed condominium building at 460 Ford Road. Clint Clement, 450 Ford Road, provided 83 signatures opposing the applicant’s request. The concerns are: traffic, density, and noise. Mr. Clement said there have been several brownouts, and water, i.e., flooding, has been problematic in their garages. Chair Robertson closed the public hearing. Commissioner Carper asked if staff has anticipated the effect of the water table in that area. Ms. Erickson said there is a history of water table fluctuation in this area, however, some prior borings should reflect a different situation. Ms. Erickson said the new substation on Cedar Lake Road was put in place to address the power supply problems. Ms. Erickson said the City will not go forward with development until the City Engineer is satisfied with the pipe capacity. Commissioner Morris said if the City is maintaining a pond in a public park, and it is an amenity to the residents of St. Louis Park, the City should charge annual maintenance to private property owners for drainage into that pond because they are causing the sedimentation and changes in the vegetation system. Ms. Erickson said about one year ago the City put into effect a storm water utility, and all property owners pay a fee. Commissioner Morris said, in this case, it is to the exclusive use of one, private developer and, perhaps, the developer should pay a surcharge. Ms. Jeremiah said Commissioner Morris’ comments will be forwarded to the City Council; a development agreement will be required. Commissioner Gothberg would like to add the following condition: developer to maintain good, clear, and well-marked access to the park and also the whole trail area around the north side and, perhaps, good access for residents in the existing buildings to the east. Developer Robert Johnson said, yes, he is sure they could accommodate some type of access, certainly to the north of the property. Commissioner Morris inquired that on page 5 of the staff report, condition 3i, watershed district to pay? Ms. Erickson said it should be developer to pay. Ms. Erickson made St. Louis Park City Council Agenda Item: 121503 - 4d - Planning Commission Minutes of 11-19-03 Page 4 of 5 another correction on page 4, 3f, 5:00 p.m. should be changed to 7:00 p.m. for weekdays and weekends and holidays. Chair Robertson stated that it is only the excavation of the pond that is in front of the Planning Commission tonight, and the right of the property owner to develop the property. Chair Robertson thinks the pond will become an even greater amenity. Commissioner Gothberg moved to recommend approval of the Conditional Use Permit subject to conditions recommended by staff with corrections as noted, and the additional condition that the developer maintain good, clear, and well-marked access to the park, the trail area around the north side, and perhaps, good access for residents in the existing buildings to the east. The motion passed 6-0. C. Case No. 03-70-ZA--Proposed amendments to various sections of Chapter 36 of the Ordinance Code (pertaining to zoning) to redefine and standardize open space requirements in the various zoning districts. Ms. Erickson presented a staff report. Ms. Erickson reported that staff is proposing to eliminate usable open space and replace with two definitions: 1) open lot area (for single- family); and 2) designed outdoor recreation space with edges, amenities, and proximity and relationship to the building and intended for that use. Ms. Erickson discussed Option 2, which staff is recommending. Staff is recommending reductions only through the PUD process with proposed language. Chair Robertson suggested that in Option 2, staff use open lot area rather than usable lot area. Ms. Erickson agreed. Commissioner Gothberg commented that there may be unintended consequences, i.e., “nice to look at space” but not usable. Commissioner Morris likes Option 2 but with flexibility to use the front or side yards as designated open areas, which should be an alternative to doing variances for overbuilding. Chair Robertson said flexibility would be useful. Commissioner Gothberg said side yards and back yards are often more desirable. Commissioner Timian inquired about public art and amount of green space to be given away, i.e., an allowable tradeoff. Ms. Erickson said such action would be at the discretion of the City Council and approved by PUD, the Planning Commission would have an opportunity to comment and make recommendations. It was moved by Commissioner Gothberg to recommend amendments to the Zoning Code that eliminate the definition for “usable open space”, add definitions for “open lot area” St. Louis Park City Council Agenda Item: 121503 - 4d - Planning Commission Minutes of 11-19-03 Page 5 of 5 and “designed outdoor recreation area”, incorporate the standards identified in Option 2, and amend the PUD section relative to designed outdoor recreation area reductions in accordance with the staff recommendation; and adopt Commissioner Morris’ recommendation that designed outdoor recreational areas should not be limited to a rear year but should provide some options to consideration for front yard or side yard use for designed outdoor recreational area. The motion passed 5-0-1. (Commissioner Carper opposed). Commissioner Carper said he is opposed because he would prefer this be tabled for the City to return to re-present the information with the comments by the Planning Commission put into form rather than just amending it as it stands. Commissioner Timian asked: What did we miss? Commissioner Carper said Commissioner Morris’ amendment to include the side yard, which may be lacking sufficient discussion in terms of getting feedback from staff regarding the pros and cons, and he would like to see it re- presented at a future Planning Commission meeting with due consideration. Commissioner Morris asked if the public hearing was opened, and Chair Robertson said no, it was not opened. Ms. Jeremiah said perhaps it is not too late to open the public hearing. Chair Robertson opened the public hearing. With no one wishing to speak, Chair Robertson closed the public hearing. Commissioner Gothberg said he would like to make the exact motion he made earlier for this item. The vote again was 5-0-1. (Commissioner Carper opposed). 4. Unfinished Business 5. New Business A. Consent Agenda B. Other New Business 6. Communications A. Recent City Council Action – November 17, 2003 B. Other 7. Miscellaneous 8. Adjournment Chair Robertson adjourned the meeting at 7:45 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 121503 - 4e - Interfund Loan Page 1 of 2 4e. Approve Inter-fund loan to Storm Water Utility Fund from the Permanent Improvement Revolving (PIR) Fund Background: As part of the Enterprise fund rate analysis in 2003, Council discussed the Storm Water Utility Fund as well as the flood improvement projects that were initiated with the issuance of the 2001 General Obligation Revenue Bond. On November 3, 2003, Council approved 2004 rates for Water, Sewer, and Storm Water Utility. In conjunction with the Storm Water Utility rate increase, Council also indicated they would be in favor of providing a $700,000 inter-fund loan to this fund for the purpose of completing scheduled capital improvement for flood areas. This inter-fund loan will be repaid monthly over a period of 10 years at an interest rate of 3.3354%. This interest represents the rate the City of St. Louis Park should receive if a General Obligation Bond was issued. The advantage of doing an inter-fund loan as opposed to issuing a General Obligation Bond is that there will be no issuance costs. Given the dollar amount of the loan, it would not be cost beneficial to incur issuance costs when there is an internal financing source available. Recommendation: Staff recommends moving forward with an internal loan from the Permanent Improvement Revolving Fund in the amount of $700,000. Staff also recommends adopting resolution authorizing the inter-fund loan. Attachments: Resolution Prepared by: Jean D. McGann, Director of Finance Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4e - Interfund Loan Page 2 of 2 RESOLUTION NO. 03-189 RESOLUTION RATIFYING AND SPECIFYING TERMS OF INTER-FUND LOAN RECITALS A. The City of St. Louis Park (“City”) established a Permanent Improvement Revolving Fund to assist with financing improvements and advancing funds for projects that will be later reimbursed. B. The Storm Water Utility Enterprise Fund is in the process of correcting flood areas within the City of St. Louis Park. C. It is necessary to correct the flood areas within the City of St. Louis Park in a timely fashion to prevent future problems. D. In order to provide funds for these flood area corrections, the Permanent Improvement Revolving Fund will loan $700,000 to the Storm Water Utility Enterprise Fund. E. The Storm Water Utility Enterprise Fund is responsible for full repayment of this loan. F. The loan will collect interest at a rate of 3.3354%. The term of the loan is ten (10) years and payments are to be made on a monthly basis. G. The first loan payment is due on February 1, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park 1. The unpaid principal amount of the loan bears interest at the rate of 3.3354% percent per annum accrued from the dates of disbursement. 2. The principal amount of the loan shall be repaid over a period of ten (10) years 3. The Council ratifies all actions of its staff in making the Storm Water Utility Enterprise Fund Loan. 4. The Council authorizes and directs staff to take all actions necessary to repay the outstanding balance of the Loan in accordance with this resolution. (Signature Block) St. Louis Park City Council Agenda Item: 121503 - 4f - Park & Rec Commission Minutes of 9-17-03 Page 1 of 4 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION SEPTEMBER 17, 2003 – 7 P.M. REC CENTER PROGRAMMING OFFICE MEMBERS PRESENT: Kirk Hawkinson, Dick Johnson, Nancy Nelson and Tom Worthington MEMBERS ABSENT: Bruce Cornwall, Sarah Lindenberg, Dana Strong STAFF PRESENT: Carrie Haslerud, Cindy Walsh, Rick Birno 1. Call to order Ms. Nelson, Chair, called the meeting to order at 7:12 p.m. 2. Adjustments to the agenda Ms. Walsh advised that item 4A Soccer Association Presentation should be removed from the agenda. 3. Approval of Minutes of July 9, 2003 Mr. Worthington noted a correction on page two, ninth paragraph, in the first sentence a word should read lightening, not lighting. Mr. Worthington moved to approve the minutes of the July 9, 2003 meeting, Mr. Hawkinson seconded. The motion passed 4-0. 4. New Business A. Oak Hill Park Improvement Meeting Ms. Walsh discussed a letter that was sent to three neighborhoods surrounding Oak Hill Park. She advised the Commission of a meeting on Tuesday September 30 at 6:30 p.m. in the Rec Center Banquet room. The meeting was established as a means to open discussion and gather new perspectives on various improvements for the park. In order to encourage the flow of communication Ms. Walsh advised that a small group meeting format would be used to create more opportunities for those in attendance to speak. Ms. Walsh anticipates the wading pool to be the most controversial issue. She presented some design concepts for new water features that could replace the wading pool. These concepts will be presented at the Oak Hill Park meeting and comments will be recorded. She noted that water features do not require staffing and can be turned on for warm days that occur before and after the designated pool season. B. Garden Club or Therapeutic Garden Discussion Ms. Nelson advised that she would like to see some kind of Garden Club or Therapeutic Garden in St. Louis Park. She described the beauty of the gardens she was privileged to view while judging the Evergreen Awards and would like to pursue the possibility of St. Louis Park City Council Agenda Item: 121503 - 4f - Park & Rec Commission Minutes of 9-17-03 Page 2 of 4 creating some kind of place in St. Louis Park where all residents could enjoy the opportunity of a similar experience. Ms. Nelson requested a Commission discussion to generate ideas for a plan and gather support for beginning the garden initiative. Mr. Johnson suggested seeking input from the City’s current garden volunteers. He advised contacting Jim Vaughan for a current list. Ms. Walsh suggested speaking with Martha McDonell and the various neighborhood associations. Mr. Worthington suggested finding a project idea prior to seeking support. In response to a question from Mr. Hawkinson, Ms. Nelson indicated that there could be large numbers of users if the location is carefully chosen so it is close to where the most likely garden users reside. Ms. Nelson offered to follow up on the suggestions to see if she can find some support by next spring. Mr. Hawkinson inquired about the use of Wolfe Lake for remote control boats. Following a brief discussion the Commission determined that there are issues to be resolved before the Lake could be designated for that kind of use. Mr. Hawkinson will check with organizations that might be interested in coming out to Wolfe Lake. 5. Old Business A. Code of Conduct Discussion Ms. Walsh advised that there will be three separate Code of Conduct Contracts for coaches, parents and for players. Mr. Worthington indicated that further discussion is required. He suggested scheduling another meeting for the subcommittee prior to the October Commission meeting. Ms. Nelson offered to be a part of the discussion. A date was set for Wednesday, 9/24/03 at 7:00 p.m. at the Rec Center. Mr. Birno will make arrangements for the use of a small conference room in the Rec Center. Mr. Worthington will contact Mr. Strong regarding the meeting. 6. Communications A. Chair None. B. Commissioners Mr. Hawkinson inquired about the Rec Center Halloween event. Ms. Nelson advised that the Goblin March and Boo-gie Concert is scheduled for October 24th from 6:30- 8:00 p.m. Mr. Johnson expressed concern that there is only one week between the Nature Center Halloween event and the Rec Center Halloween event. He also inquired as to why the Rec Center Event is not held on Halloween. Mr. Birno advised that he would prefer not to require the staff to work every holiday. He also stated that the Rec Center event is traditionally the Friday before Halloween. Ms. Nelson acknowledged that the tradition of door-to-door trick-or-treating on Halloween is still very strong in the St. Louis Park community. In response to a question from Mr. Johnson, Mr. Birno advised that the Rec Center event is not scheduled for Thursday, October 30th in order to avoid running the event on a school night. Ms. Nelson requested that the Commission help staff the greeting table for the Rec Center Halloween event. Mr. Birno will inform Michelle Margo. St. Louis Park City Council Agenda Item: 121503 - 4f - Park & Rec Commission Minutes of 9-17-03 Page 3 of 4 Mr. Johnson described various volunteer opportunities available at the Westwood Hills Nature Center Halloween Party for Commission members who might be interested in helping with that event as well. Ms. Nelson suggested that the Commission make note of the Fall Music Festival. She commented that there appears to be a wonderful line-up of entertainment. Mr. Birno anticipates the event to be the start of a high demand for the Amphitheater in the future. In response to a question from Mr. Hawkinson, Mr. Birno advised that the Rec Center is within approximately 98% of meeting revenue goals for the pool in 2003. June and July were cool months but the heat in August really bolstered pool usage. He also acknowledged Jenny Buskey’s successful efforts to reduce staff expenses. Ms. Walsh advised that pool numbers would be more firm later in September when August reports are finalized. In response to a question from Mr. Worthington, Mr. Birno commented that the neighborhood playground program went well this summer. In response to a comment from Mr. Worthington, Mr. Birno explained that due to budget reductions the Jr. Leader program was limited in 2003. A morning playground leader ran the Jr. leaders program in the afternoons. Mr. Birno anticipates the Parks and Recreation Department will have a similar program next year. Mr. Johnson expressed some concern that the Commission should be more active in seeking new funding for the scholarship program. The Youth Activities Grant was the only revenue source in 2003. He also expressed concerns about the 5 K and that there are very few other fundraising options. Ms. Nelson suggested doing a grant search. The possibility of assistance from the SLP Foundation was also mentioned since funding from the Park Tavern is most likely no longer available. Phil Weber has chosen to allocate the funds to another project. Mr. Birno suggested getting together again to discuss the issue. Mr. Birno described some pool ideas that could generate revenue and mentioned that he is looking for a sponsorship for a twilight swim. Admission could go to scholarships. A “Commisioners Night at the Pool” was another suggestion. Ms. Walsh suggested a “Dive-In” movie night. C. Program Report – Mr. Birno reported that fall programs are nearly filled to capacity and staff is already planning for winter programs. Mr. Johnson commented that he was happy to see that an overnight canoeing program at Westwood Hills Nature Center was filled. D. Director’s Report Ms. Walsh discussed two items that she will bring to the attention of City Council. She would like to find ways to ease the transition when residents begin to assume responsibility for their boulevard trees. St. Louis Park City Council Agenda Item: 121503 - 4f - Park & Rec Commission Minutes of 9-17-03 Page 4 of 4 She also will discuss the decision of the City Council to maintain only six outdoor skating rinks throughout the week in the winter. Her concern is that four rinks will not be enough for the community. Ms. Walsh would like to have nine rinks maintained. Mr. Johnson commented that ice quality does not necessarily have to mean more expenditures, just strong dedication. Ms. Walsh also advised that the Commission would be hearing about the off-leash dog sight again soon. Minneapolis has not agreed to not participate so new areas will need to be explored. 7. Adjournment Moved by Mr. Hawkinson and seconded by Mr. Worthington to adjourn. Motion passed 4-0. With no further business, the Commission adjourned at 8:55 p.m. Minutes prepared and respectfully submitted by, Carrie Haslerud Acting Recording Secretary St. Louis Park City Council Agenda Item: 121503 - 4g - Oak Hill Park Architect Page 1 of 1 4g. Motion to approve Krech, O’Brien, Mueller & Wass, Inc. as the building architect for the warming shelter and large picnic shelter at Oak Hill Park and for the development of future park building design standards. Background: The 2004 Capital Improvement Plan includes the replacement of a new warming shelter and large picnic shelter at Oak Hill Park. In addition to the new structures in the park, trails, parking lots and the basketball court will be resurfaced; the ball fields will be graded and reseeded; and the wading pool will be replaced with another water feature. All of these improvements will be made in 2004. Selection of Building Architect: Staff solicited proposals and interviewed two firms. The interview panel included Janet Jeremiah, Bruce Cornwall, Craig Panning, Rick Beane and Cindy Walsh. The panel chose the firm of Krech, O'Brien, Mueller, & Wass, Inc. (KOMW). This is the same firm that worked on the Rec Center roof replacement. Staff was very pleased with their design and contract management. Staff has an excellent rapport with their staff. In addition to the staff that we worked with on the roof project, there are other architects in their firm who have completed park buildings for the cities of Minneapolis, Vadnais Heights, and St. Paul. The references on these projects have been favorable. Scope of Services and Project Cost: The scope of service for this project goes beyond the structures at Oak Hill Park. Staff has also asked the architect to assist in developing design standards and cost estimates for future park buildings. This does not mean that Krech, O’Brien, Mueller & Wass, Inc. will automatically be the project architect for all future park buildings. The cost of design services, construction document services, and construction management services from the firm of KOMW is $35,000. The total budget for the Oak Hill building and developing future design standards is $410,000. The building design will begin as soon as Council approves the selection process. Recommendation: Staff recommends approval of Krech, O'Brien, Mueller, & Wass, Inc. as the building architect for the design of the warming shelter building and large picnic shelter at Oak Hill Park and for the development of future park building design standards. Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4h - Anderson Builders Indemnification Agreement Page 1 of 1 4h. Motion to approve the Indemnification Agreement between the City of St. Louis Park, the St. Louis Park Economic Development Authority, Anderson Builders, and Oak Hill 3501 LLC. relative to the Purchase and Redevelopment Contract with Oak Hill 3501 LLC. Background At the December 8, 2003 Study Session, the City’s environmental consultant reviewed the historical basis behind the Reilly Tar Consent Decree and the EDA’s attorney addressed questions related to the proposed Purchase Contract and Indemnification Agreement with Anderson Builders and the related Oak Hill 3501 LLC. During discussion, it was reaffirmed that the EDA and City’s liability exposure under the proposed Contract and Agreement was not substantially greater than the exposure under the Consent Decree. Following discussion, it was the general consensus of the group that the proposed Agreement was acceptable. The attached Agreement provides for assumption by the City of the EDA's obligations under Section 3.5(d) of the Purchase and Redevelopment Contract and assumption by Anderson Builders of the Oak Hill 3501 LLC’s obligations under Section 3.5(c) of the Contract. Attached also is a Memo from the EDA’s attorney further explaining this matter. The EDA’s attorney prepared the proposed Indemnification Agreement and recommends its approval. Attachments: Please see the following in the EDA Report: Memo from Kennedy & Graven Indemnification Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Tom Harmening, Community Development Director Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4i - Shading 2nd Reading Page 1 of 4 4i. Motion to approve Second Reading of an Ordinance Code (Zoning) amendment to the shading regulations proposed by Silvercrest Properties, LLC and modified by the Planning Commission and City Council, adopt the ordinance, approve the summary, and authorize publication. Background: Silvercrest Properties, LLC, owner of the Parkshores Senior campus development at the southeast quadrant of 36th St. and Park Center Blvd., requested an amendment to the City shading regulations. Silvercrest's proposal would have exempted commercial and industrial properties from shading protection. Only residential use property would have continued to be protected from substantial shading impacts of new development. On November 5, 2003, the Planning Commission held a public hearing and recommended approval of an alternate ordinance amendment as recommended by staff. The amendment recommended by staff and the Planning Commission would have exempted only industrial properties and properties within PUDs, CUPs and Special Permits from shading protection. Adjacent residential and commercial properties would continue to be protected. On November 24, 2003, the City Council discussed the proposal at a Study Session. During the Study Session, the Council expressed an interest in the Planning Commission alternative with the addition of some shading protection for outdoor employee break areas. The Council indicated that impacts on these outdoor areas should be minimized or taken into consideration. On December 1, 2003, the City Council considered First Reading of the amendment as recommended by the Planning Commission. The Council also considered alternate language to minimize impacts on existing public spaces and outdoor employee break areas. During the meeting, the Council noted concern that the ordinance reference to "adjacent" buildings and properties could be narrowly interpreted. Staff indicated that the language would be modified prior to Second Reading to clarify that the ordinance is designed to protect any building or outdoor area that would be impacted by shade from new development. The attached ordinance includes the alternate language and modifications discussed at First Reading. If the Council approves Second Reading and the Summary Ordinance on December 15th, the summary will be published on December 25, 2003, and the ordinance will become effective on January 9, 2004. Attachments: Ø Proposed Ordinance Ø Propose Summary Ordinance Prepared by: Janet Jeremiah, Planning & Zoning Supervisor Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4i - Shading 2nd Reading Page 2 of 4 ORDINANCE NO. 2262-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-266(11)(c) and 36-366(b)(13) SHADING RESTRICTIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-68-ZA). Sec. 2. The St. Louis Park Ordinance Code, Section 36-266(11)(c) and 36-366(b)(13) are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Sec. 36-266. Dimensional/performance standards and general requirements. (M-X Mixed Use District) *** (11)(c) In other areas of development sites, building height shall be restricted by maximum density provisions and to prevent the casting of shadows for a period greater than two hours on residential uses within the development between the hours of 9:00 a.m. and 3:00 p.m. comply with shading restrictions of Section 36-366(b)(13). *** Sec. 36-366. Architectural design *** (b)(13) All development shall consider the effect of sun angles and shade patterns on other buildings. All new multiple-family and nonresidential buildings and additions thereto shall not be located so that the structure does not casts a shadow which covers more than 50 percent of another building wall for a period greater than two hours between 9:00 am and 3:00 pm, for more than 60 days of the year. Subsection (b)(1213) of this section will not prohibit shading of buildings apply in an industrial use district, provided that shade is cast upon a wall which does not have any openings or as approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of existing public spaces and outdoor employee break areas shall be minimized to the extent reasonable and possible. St. Louis Park City Council Agenda Item: 121503 - 4i - Shading 2nd Reading Page 3 of 4 *** Sec. 3. The contents of Planning Case File 03-68-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council December 15, 2003 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 03-68-ZA:res/ord St. Louis Park City Council Agenda Item: 121503 - 4i - Shading 2nd Reading Page 4 of 4 SUMMARY ORDINANCE NO._____________ AN ORDINANCE RELATING TO SHADING RESTRICTIONS This ordinance exempts Industrial-zoned properties from shading protection and allows approval of shading of buildings within PUDs, CUPs, and Special Permits. Shading of existing public spaces and outdoor employee break areas must be minimized to the extent reasonable and possible. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 15, 2003 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 25, 2003 03-68-ZA sum:res/ord St. Louis Park City Council Agenda Item: 121503 - 4j - Uninsured Loss Fund Page 1 of 2 4j. Adopt resolution reserving Funds in the Uninsured Loss Fund for the purpose of paying outstanding Workers Compensation claims Background: From 1993 until December 1, 2003, the City of St. Louis Park was self-insured for workers compensation. On December 1, 2003, the City switched to a fully insured program through the League of Minnesota Cities Insurance Trust. Even though the City is now fully insured for workers compensation, there are many claims not yet settled for the time period in which the City was self-insured. At this time, staff is estimating the outstanding claims to be approximately $500,000. It is imperative that a specific funding source for the payment of these claims be identified and the funds reserved. During the 2004 budget process, Council did discuss this issue and was in agreement that the funds be reserved in the Uninsured Loss Fund for the payment of these outstanding claims. The reservation amount will need to be adjusted each year based on current estimates of outstanding claims. History of Uninsured Loss Fund: The Uninsured Loss Fund was established on April 2, 1990. The reason for the establishment of this fund was to formalize the City’s intent to have a loss reserve fund and to restrict the use of the uninsured loss contribution. This fund basically established a central pool from which to draw funds if losses were to occur that are outside the City’s insurance policy limits. The fund was established by transfers primarily from the General Fund. Since that time, the City has adopted the state statutory limits related to liability claims and this fund has been primarily used to pay for insurance deductibles. Current status of Uninsured Loss Fund: This fund currently carries a cash balance of approximately $1,300,000. Staff is recommending reserving $500,000 of this balance to pay for outstanding workers compensation claims. By doing this, there will be approximately $800,000 remaining to assist with insurance deductibles. This fund currently receives approximately $30,000 in dividends from the League of Minnesota Cities each year. These dividends are based on insurance contributions and payouts experienced by each Community that is a part of the League of Minnesota Cities Insurance Trust. Staff will be making recommendations in 2004 related to the future financing mechanisms for this fund. Recommendation: Staff recommends adopting resolution reserving $500,000 of the Uninsured Loss Fund balance for payment of outstanding workers compensation claims. Attachments: Resolution Prepared by: Jean D. McGann, Director of Finance Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4j - Uninsured Loss Fund Page 2 of 2 RESOLUTION NO. 03-188 RESOLUTION AUTHORIZING RESERVATION OF UNINSURED LOSS FUND BALANCE FOR THE PURPOSE OF OUTSTANDING WORKERS COMPENSATION CLAIMS WHEREAS, the Uninsured Loss Fund was established by ordinance on April 2, 1990, and; WHEREAS, there is sufficient funds in the Uninsured Loss Fund to reserve for payment of outstanding workers compensation claims, and; WHEREAS, the City of St. Louis Park has the responsibility of paying for workers compensation claims incurred during the time the City was self-insured, and; WHEREAS, the estimate of outstanding workers compensation claims will be reviewed each year, and; WHEREAS, effective December 1, 2003, the City of St. Louis Park became fully insured for workers compensation, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA, that $500,000 be reserved in the Uninsured Loss Fund balance for the purpose of paying outstanding workers compensation claims. Reviewed for Administration: Adopted by the City Council December 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 1 of 6 4k. Motion to adopt the attached resolution rescinding Resolution No. 03-152 and adopting the attached revised list of snow removal exempt parking areas dated December 15, 2003 BACKGROUND: The October 7, 2003, adoption of the new snow ordinance eliminated the 8:00 a.m. to 5:00 p.m. restriction on the hours of the parking ban. Consequently, Resolution 97- 115, relating to the exempt parking areas, needed to be revised to remove the reference to the 8:00 a.m. to 5:00 p.m. restriction on the parking ban. On October 20, 2003, Council adopted Resolution 03-151 rescinding Resolution 97-115 and adopted Resolution 03-152 which re- adopted the exempt areas as listed under 97-115 (but without the 8:00 a.m. to 5:00 p.m. restriction). At that same October 20, 2003, Council Meeting, Councilmember Basil asked staff to verify the need for parking on W. 36th Street between Wooddale and Brunswick and on Oxford Street between Alabama and Zarthan. Staff has reviewed the two locations and recommends that council eliminate W. 36th Street between Wooddale and Brunswick from the exempt list, but keep the Oxford location. The attached resolution rescinds Resolution 03-152 and adopts a revised list of snow removal exempt areas (dated December 15, 2003) eliminating W. 36th Street between Wooddale and Brunswick as an exempt area. RECOMMENDED ACTION: Motion to adopt the attached resolution rescinding Resolution No. 03-152 and adopting the attached revised list of snow removal exempt parking areas dated December 15, 2003. Attachments: Resolution 03-180 (Adopt) Exhibit “L” (2 Lists & 1 Map) Prepared By: Mark Hanson, Operations Superintendent Mike Rardin, Director of Public Works Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 2 of 6 RESOLUTION NO. 03-180 RESOLUTION RESCINDING RESOLUTION NO. 03-152 AND EXEMPTING STREETS FROM THE SNOWFALL PARKING BAN WHEREAS, the City Council established a list of streets exempt from the snowfall parking ban; and WHEREAS, the City Council now deems it necessary to revise the list of exempt streets; and WHEREAS, due to these changes in the list of exempt streets, Resolution 03-152 is no longer current or valid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, that the City hereby: 1. Rescinds Resolution 03-152, Resolution Exempting Streets from the Snowfall Parking Ban. 2. Exempts the streets set forth on Exhibit “L” hereto and incorporated herein by reference, from the three inch (3”) snowfall parking ban pursuant to Section 30- 158 of the City Code. Reviewed for Administration Adopted by the City Council December 15, 2003 Interim City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 3 of 6 EXHIBIT “L” 1. Exempt Residential Streets Street Name From To Sides 14th St. Dakota Ave. Colorado Ave. South 16th St. Colorado Ave. Dakota Ave. North 28th St. 4330 W. 28th St. 100' in length Both 28th St. Texas Ave. Virginia Ave. North 30 1/2 St. Xylon Ave. Virginia Ave. Both 30 1/2 St. Virginia Ave. Utah Ave. Both 31st St. Inglwood Ave. Glenhurst Ave. Both 31st St. Xylon Ave. Virginia Ave. Both 32nd St. Xylon Ave. Virginia Ave. North 34th St. Lake St. 6216 W. 34th St. Both 35th St. Wooddale Ave. Alabama Ave. South 35th St. Alabama Ave. Zarthan Ave. North 35th St. Aquila Ave. Cul-de-sac Cul-de-sac Only 36 1/2 St. Monterey Ave. Lynn Ave. Both 36 1/2 St. Lynn Ave. Kipling Ave. Both 36 1/2 St. Kipling Ave. Excelsior Blvd. North 36th St. Huntington Ave. Cul-de-sac Both Alabama Ave. 3463 Alabama Ave. 35th St. Both Aquila Ave. 34th St. Aquila Cir. West Aquila Cir. Aquila Ave. Cul-de-sac Both Brunswick Ave. Excelsior Blvd. Alley Entrance East Colorado Ave. 14th St. 16th St. Both Dakota Ave. 14th St. Cul-de-sac Cul-de-sac Only E. Serv. Dr. Hwy 169 394 14th St Both Hamilton Ave. Wooddale Ave. Brunswick Ave. South Hampshire Ave. S.Serv. Dr. 394 Dead End Both Hampshire Ave. 23rd St. 24th St. East Huntington Ave. 36th St. Excelsior Blvd. East Idaho Ave. 14th St. S. Serv. Dr. 394 Both Inglewood Ave. S. Serv. Dr. Hwy 25 31st St. Both Jersey Ave. 14th St. S. Serv. Dr. 394 Both Joppa Ave. Minnetonka Blvd.. N. Serv. Dr. Hwy. 25 Both Joppa Ave. Minnetonka Blvd. Sunset Blvd. East Lake St. 34th St. Brunswick Ave. South Louisiana Ct. 28th St. Dead End Both Lynn Ave. Minnetonka Blvd. N. Serv. Dr. Hwy 25 Both Lynn Ave. 36th St. 36 1/2 St. West Meadowbrook Blvd. Excelsior Blvd. Meadowbrook Ln. Both Meadowbrook Ln. Excelsior Blvd. Meadowbrook Blvd. Both Meadowbrook Ln. Meadowbrook Blvd. Dead End Both N. Serv. Dr. Hwy 25 Joppa Ave. Lynn Ave. North Natchez Ave. Minnetonka Blvd. 3040 Natchez Ave. East Nevada Ave. Cedar Lake Rd. Dead End East Nevada Ave. Cedar Lake Rd. 22nd St. Both Ottawa Ave. Minnetonka Blvd. 3041 Ottawa Ave. East Ottawa Ave. 31st St. N. Serv. Dr. Hwy 25 West Oxford St. Alabama Ave. Zarthan Ave. South St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 4 of 6 Pennsylvania Ave. 14th St. 13 1/2 St. East Raleigh Ave. Minnetonka Blvd. N. Serv. Dr. Hwy 25 West Rhode Island Ave. 28th St. Dead End Both S. Serv. Dr. Hwy. 25 Lynn Ave. Joppa Ave. South Sunset Blvd. Joppa Ave. Inglewood Ave. South Virginia Ave. 30 1/2 St. 32nd St. Both Virginia Ave. 32nd St. Cul-de-sac West Wyoming Ave. Minnetonka Blvd. 2948 Wyoming Ave. West Xylon Ave. Minnetonka Blvd. 32nd St. East St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 5 of 6 EXHIBIT “L” 2. Exempt Non-Residential (Commercial) Street Street Name From To Sides 1st St. Gorham Ave. Republic Ave. Both 16th St. Zarthan Ave. Park Place Blvd. Both 2nd St. Gorham Ave. Republic Ave. Both 23rd St. Edgewood Ave. Florida Ave. Both 23rd St. Hwy. 100 Utica Ave. Both 25 1/2 St. E. Serv. Dr. Hwy. 100 26th St. Both 27th St. Louisiana Ave. Cul-de-sac Both 35 1/2 St. Webster Ave. Yosemite Ave. Both 35th St. Beltline Blvd. Raleigh Ave. Both 35th St. Raleigh Ave. Cul-de-sac Both 36th St. Wooddale Ave. Monterey Ave. Both 36th St. Texas Ave. Independence Ave. Both 37th St. Inglewood Ave. Joppa Ave. Both 37th St. Wooddale Ave. Brunswick Ave. Both 37th St. Aquila Ave. Target Parking Lot Both 37th St. Texas Ave. Sumter Ave. Both 37th St. Pennsylvania Ave. Walker St. Both 39th St. Princeton Ave. Med Center Parking Lot Both Alabama Ave. Excelsior Blvd. 400' N. of Excelsior Blvd. Both Aquila Ave. 36th St. Hwy. 7 Both Auto Club Way Park Center Blvd. Med Center Parking Lot Both Beltline Blvd. Co. Rd. #25 36th St. Both Brookside Ave. Excelsior Blvd. 41st St. Both Cambridge St. Edgewood Ave. RR Bridge Both Cedar Lake Rd. Hwy. 169 JCC Cul-de-sac Both Dakota Ave. Walker St. Dead End Both Dakota Ave. Walker St. N. Serv. Dr. Hwy. 7 Both Dakota Ave. Lake St. RR Tracks Both E. Serv. Dr. Hwy. 100 Hwy. 100 25 1/2 St. Both E. Serv. Dr. Hwy. 169 22nd St. 23rd St. Both Edgewood Ave. Oxford St. Cambridge St. Both Edgewood Ave. Cedar Lake Rd. Dead End Both Excelsior Blvd. France Ave. Meadowbrook Rd. Both Flag Ave. 36th St. Minnehaha Cir. S. Both Florida Ave. 23rd St. Dead End Both Ford Ln. Ford Rd. N. Serv. Dr. Hwy. 394 Both Ford Rd. Shelard Pkwy. N. Serv. Dr. Hwy. 394 Both France Ave. 40th St. Excelsior Blvd. West France Ave. Minnetonka Blvd. Cedar Lake Ave. West France Ave. Cedar Lake Ave. City Limits Both Gamble Dr. Park Place Blvd. City Limit Both Gorham Ave. Louisiana Ave. Walker St. Both Hampshire Ave. S. Serv. Dr. Hwy. 7 Dead End Both Joppa Ave. S. Serv. Dr. Co. #25 Dead End Both Jordan Ave. Cedar Lake Rd. 28th St. Both Lake St. S. Serv. Dr. Hwy. 7 Taft Ave. Both Lake St. Hwy. 7 Wooddale Ave. Both Library Ln. Lake St. Walker St. Both Louisiana Ave. Excelsior Blvd. Hwy. 394 Both St. Louis Park City Council Agenda Item: 121503 - 4k - Snow Removal Exempt Areas Page 6 of 6 Lynn Ave. S. serv. Dr. Co. #25 Dead End Both Meadowbrook Rd. Excelsior Blvd. Oxford St. Both Med Center Blvd. Excelsior Blvd. Around Entire Loop Both Minnetonka Blvd. France Ave. Hwy. 169 Both Monitor St. S. Serv. Dr. Hwy. 7 Dead End Both N. Serv. Dr. Co. #25 Inglewood Ave. Joppa Ave. Both N. Serv. Dr. Co. #25 Ottawa Ave. Raleigh Ave. Both N. Serv. Dr. Hwy. 394 Shelard Pkwy. Ford Ln. Both N. Serv. Dr. Hwy. 7 Walker St. Wooddale Ave. Both Natchez Ave. S. Serv. Dr. 25 Dead End Both Oak Leaf Dr. Louisiana Ave. 2nd St. Both Oak Village Dr. Louisiana Ave. Cul-de-sac Both Ottawa Ave. 39th St Excelsior Blvd. Both Oxford St. Meadowbrook Rd. Edgewood Ave. Both Park Center Blvd. 36th St. Excelsior Blvd. Both Park Glen Rd. Beltline Blvd. West Cul-du Sac Both Park Glen Rd. Beltline Blvd. East Cul-du Sac Both Park Place Blvd. Cedar Lake Rd. Hwy. 394 Both Parkdale Dr. Park Place Blvd. Hwy. 100 Both Phillips Pkwy. 36th St. Cul-de-sac Both Powell Rd. Excelsior Blvd. Meadowbrook Rd. Both Princeton Ave. 39th St Excelsior Blvd. Both Quentin Ave. Cedar Lake Rd. City Limit Both Quentin Ave. 39th St Excelsior Blvd. Both Raleigh Ave. 35th St. 36th St. Both Republic Ave. 2nd St. Walker St. Both S. Serv. Dr. Co. #25 France Ave. Beltline Blvd. Both S. Serv. Dr. Co. #25 Beltline Blvd. Cul-de-sac Both S. Serv. Dr. Hwy. 394 Park Place Blvd. City Limit Both S. Serv. Dr. Hwy. 394 City Limit Cul-de-sac Both S. Serv. Dr. Hwy. 394 Independence Ave. Shelard Pkwy. Both S. Serv. Dr. Hwy. 7 Wooddale Ave. East to Cul-de-sac Both S. Serv. Dr. Hwy. 7 Wooddale Ave. Oregon Ave. Both S. Serv. Dr. Hwy. 7 Sumter Ave. City Limits Both Shelard Pkwy. S. Serv. Dr. Hwy. 394 Hwy. 169 Both Stephens Dr. W. Serv. Dr. Hwy. 100 Dead End Both Texas Ave. S. Serv. Dr. Hwy. 7 36th St. Both Utica Ave. 23rd St. Stephens Dr. Both Virginia Ave. 26th St. 28th St. Both W. Serv. Dr. Hwy. 100 Minnetonka Blvd. Webster Ave. Both W. Serv. Dr. Hwy. 100 Stephens Dr. 27th St. Both Walker St. Pennsylvania Ave. Dakota Ave. Both Webster Ave. 35 1/2 St. 36th St. Both Wooddale Ave. Hwy. 7 Hwy. 100 Both Wooddale Ave. Excelsior Blvd. Toledo Ave. Both Xenwood Ave. 36th St. North to Dead End Both Xenwood Ave. 36th St. South to Alley Both Yosemite Ave. 35 1/2 St. 36th St. Both Zarthan Ave. Cedar Lake Rd. S. Serv. Dr. Hwy. 394 Both St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 1 of 30 4l. Motion to adopt the attached resolution accepting the revised City of St. Louis Park Snow and Ice Control Policy. BACKGROUND: In April of 1988, City Staff adopted a practice for snow and ice control. Since that time many changes have occurred to the transportation system outdating that practice statement. In 1999, the League of Minnesota Cities recommended we adopt a written policy. A written policy would address the timing of plowing and/or ice control, priorities in routes and procedures, general guidelines for use of materials and equipment, and flexibility to change procedures in response to weather and road conditions. It can also help inform residents about what to expect from the City and provide them with fair and uniform treatment during snow removal operations. Policies that balance the competing needs of road safety, employee safety, and fiscal constraints, can offer some protection against liability for accidents or litigation. A policy can also help employees and residents to understand the timing and importance of all operations by setting priorities. In September, 2000, Council adopted the City’s first formal snow and ice control policy. Recently, Council adopted revisions to the snow parking ordinance changing the effective depth of the parking ban from 2 inches to 3 inches, and eliminating the 8:00 a.m. to 5:00 p.m. restriction on the hours of the parking ban. The attached snow policy updates the 2000 policy with changes resulting from the recent ordinance revisions, budget reductions, equipment upgrades, and sidewalk/trail additions. No significant changes were made to the existing Snow and Ice Control Policy. Most revisions were due to the switch from sand/salt to salt only for ice control, the consolidation of plow routes and the revision of the snow removal parking ordinance. RECOMMENDED ACTION: Motion to adopt the attached resolution accepting the revised City of St. Louis Park Snow and Ice Control Policy. The City Attorney has reviewed the revised policy. Attachments: Resolution revising the City’s Snow and Ice Control Policy Snow and Ice Control Policy (Dated December 15, 2003) Prepared By: Mark Hanson, Operations Supt. Michael P. Rardin, Public Works Director Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 2 of 30 RESOLUTION NO. __________ RESOLUTION REVISING (OR UPDATING) THE CITY’S SNOW AND ICE CONTROL POLICY WHEREAS, the City adopted a Snow and Ice Control Policy with Resolution No.00-121 in September 2000; and WHEREAS, the City Council of the City of St. Louis Park wishes to revise their snow and ice control policy due to recent ordinance revisions; and WHEREAS, the policy attached to this resolution titled “Snow and Ice Control Policy – December 15, 2003” has been updated by staff for Council for just such a purpose NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, that the City hereby: 1. Rescinds Resolution 00-121, Resolution Establishing a City Snow and Ice Control Policy (dated September 18, 2000). 2. Adopts the attached Snow and Ice Control Policy (dated December 15, 2003). Reviewed for Administration: Adopted by the City Council December 15, 2003 Interim City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 3 of 30 City of St. Louis Park, MN SNOW AND ICE CONTROL POLICY DECEMBER 15, 2003 I. PURPOSE AND NEED The City of St. Louis Park, being an established City, needs to routinely review their policy regarding efficient and timely removal of snow and control of ice. Reasonable snow and ice control is necessary for routine and emergency travel by the motoring public. The City will provide such control in a cost-effective manner keeping in mind safety, budget, personnel, and environmental concerns. The City will use city employees, equipment, and/or private contractors to provide this service. This policy outlines the current practice within the Public Works Department in order to accomplish this goal. II. PRACTICE FOR SNOW PLOWING, SANDING/SALTING, REMOVAL, ETC. Each year the Public Works Department updates its snow removal map of the City that establishes priority systems for snow removal. Under the direction of the Public Works Director items may be added to or deleted from the attached priority listings. Staff will determine the priority for alleys, trails, sidewalks, bus stops, bridges, recreational areas, parking lots, and streets within the system. For purposes of snow and ice control our city is divided into eleven (11) street plow routes, four (4) cul-de-sac/parking lot routes, two (2) alley routes, three (3) sidewalk/trail routes, and two (2) bridge/bus stop routes. These routes are periodically reviewed and revised to correspond with the budgetary, equipment and personnel resources available. Within each of the areas, the City has classified their snow removal efforts based on function and the importance to the welfare of the community. The priorities listed as “A” will generally be cleared first. These facilities connect major sections of the city with access points to the Metropolitan Highway System and provide access for fire, police and medical services including the Fire and PD driveways. The priorities listed as “B” will generally be cleared second. These facilities provide direct service to residential neighborhoods, schools, commercial property, parking lots with scheduled events and other facilities with similar type activities. Due to scheduling at the Recreation Center, City Hall or other City facilities these lots may need to be cleared prior to the scheduled event. If so, staff will make every effort to clear these lots prior to the events. The priorities listed as “C” will generally be cleared third. These are facilities such as low volume residential streets, City-owned parking lots, city alleys, park and ride lots, highly used skating rinks/ped bridges/sidewalks/trails, and other facilities with similar type activities. The priority “D” will generally be cleared fourth. These facilities are areas such as cul-de-sacs, less used ped bridges/trails/sidewalks/skating rinks, bus stops, other municipal lots, and other facilities with similar type activities. The Priority “E” will generally be cleared last. This generally consists of clearing and/or removal of stored snow from facilities such as storage areas, St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 4 of 30 bus stops, bridge approaches, parking lots, intersections, low use open skating rinks, and other facilities with similar type activities. These activities will generally begin after clearing operations have ceased and as weather conditions, safety related items, and personnel resources dictate. Generally, with a typical snow event, all snow removal priorities can begin immediately upon commencement of operations. However, this is dependent on such things as the type of storm, personnel available or the equipment resources available. The Public Works Operations Superintendent, Street Supervisor, or their designee (herein referred to as “Supervisor”), with the assistance of the Police Department, will monitor the weather and street conditions prior to and during snow and ice events. The Supervisor will determine the timing, amount of equipment, and personnel necessary to safely clear the streets. The Supervisor has the responsibility of determining the plow routes and the sequencing of operations based on budgetary implications, equipment, personnel resources available and other conditions warranting change. The Supervisor shall retain the flexibility to adjust sequencing or route assignments at any time. These routes will be periodically reviewed and revised based on economic, political, or budgetary implications to accomplish a balanced as well as economical approach to snow removal. III. COMMENCEMENT OF OPERATIONS Snow clearing and/or ice control operations shall commence under the direction of the Supervisor. This action may include application of a sand/salt mixture for ice control, implementation of snow clearing procedures, or snow removal procedures. During and following a snowfall or ice event the Supervisor will determine the manpower and equipment needed based on the environmental conditions and the provisions of this policy. In general, snow removal operations shall commence when one of the following occurs: • Snow accumulation of 3", with continual snow fall, warrants commencement of full operations and the initiation of snow removal parking restrictions as stipulated in Ordinance #30-158. • Snow accumulation less than 3” or drifting of snow may warrant commencement of partial or full operations depending upon conditions, but snow removal parking restrictions will not be initiated. • Icing of pavements may warrant partial or full operation depending upon extent and conditions. • Any other type of emergency as determined by the Supervisor. IV. HOW SNOW WILL BE CLEARED Snow shall be cleared in a manner so as to minimize traffic obstructions. The center of the roadway will be cleared first. The snow shall then be pushed from left to right with the discharge going onto the boulevard area of the right-of-way. It is the Department’s goal to have the entire system cleared after a “typical” snowfall in approximately 12 hours. The sidewalk/trail system may require more than 12 hours to complete based on event conditions, availability of St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 5 of 30 personnel, and equipment resources available. Generally, with a “typical” snowfall, all snow removal priorities can begin immediately upon commencement of operations. In the event of a major snowfall all available equipment and/or personnel may be assigned in accordance with the priority provisions of this City Policy. With all major snowfalls the Supervisor will direct staff to follow the priority system listed in exhibit “A”. With any event the Supervisor reserves flexibility to evaluate each event, set the priorities, and determine start times. Normally, ice control and snow removal operations will begin early enough to allow the City forces to prepare the priority “A” and priority “B” streets prior to morning rush hour traffic. Snow removal of areas listed as priority “C” and “D” shall generally commence after the clearing of priorities “A” and “B” has been completed. The city’s snow removal parking ban is in effect on most residential streets whenever snow accumulation exceeds 3” in order to provide the most effective method for snow removal (Ordinance Section 30-158). Clearing of sidewalks and trails shall generally commence with the priority “B” streets. Depending on snowfall conditions and duration of the storm, cleanup operations can fluctuate widely. Widening and clean-up operations may continue immediately or on following workdays depending upon conditions and circumstances. The City will provide an operator and equipment to maintain access for emergency, fire, police and medical services during major snowstorms to the best of their ability. City maintenance employees will attempt every day to leave the streets in good winter driving condition as they go out of service. V. USE OF SAND AND SALT The City is concerned about the effect of sand and salt on the environment and will limit its use for that reason. Application of the sand/salt mixture is generally limited to major routes, steep grades, and intersections. Application is limited on lower volume streets and cul-de-sacs. The City cannot be responsible for damage to grass caused by the sand/salt mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way. VI. SUSPENSION OF OPERATIONS Generally, operations shall continue until all roads are passable. Safety of the plow operators and the public is important. Therefore, snow fighting operations may be terminated after 10-12 hours of continual clearing to allow personnel adequate time for rest within a 24 hour period. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited visibility and/or severe weather conditions. Any decision to suspend operations shall be made by the Supervisor. Suspending operations shall be based on the conditions of the storm, safety, and effectiveness of the clearing operation. VII. PROPERTY DAMAGE Snow removal and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements installed by residents within the City right-of-way that extend beyond the curb location. This right-of-way area is often misconstrued as private property. The intent of the St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 6 of 30 right-of-way is to provide room for snow storage, utilities, sidewalks and other City uses. The City is not liable for private installations within this right-of-way area. However, certain private improvements such as mailboxes are required within this area. Therefore, the City will cooperate with the property owner to determine if any damage is the responsibility of the City and when it shall be the responsibility of the resident. The City accepts responsibility and will repair or replace mailboxes if the damage is by physically being struck by a plow blade, wing, or other piece of equipment. Mailboxes should be constructed sturdily enough to withstand snow rolling off a plow or a wing. Therefore, damage resulting from the weight of the snow is the responsibility of the resident. Damage to fences, trees, or other structures will be repaired or replaced by the City only if they are on private property. Grass areas on public right of way that are scraped or gouged by City equipment will be repaired by top dressing and seeding the following spring. Residents are responsible for watering, if necessary, the areas that have been repaired. In instances where there is disagreement as to the source of the damage and the responsibility therefore, the Director of Public Works and/or the Operations Superintendent shall determine the responsibility. VIII. DRIVEWAYS OR SIDEWALK OUTWALKS One of the most frequent and frustrating problems for City personnel and the public is the clearing of snow from public streets that results in snow being deposited in driveway, outwalk, or sidewalk openings. Snow that accumulates on the plow blade has no place to go but in those areas. The City’s plow operators make every reasonable attempt to minimize the amount of snow deposited in these areas, but the amount can still be significant. City personnel do not provide private driveway, sidewalk, or outwalk cleaning. IX. MAIL DELIVERY The snow plow operators make every effort to remove snow as close to the curb line as practical and to provide access to mailboxes for the Postal Department. However, it is not possible to provide perfect conditions and minimize damage to mailboxes with the size and type of equipment the City operates. Therefore, the final cleaning adjacent to mailboxes is the responsibility of each resident. X. PARKING RESTRICTIONS AND SIDEWALK SNOW REMOVAL St. Louis Park Ordinance Section 30-158 restricts parking on residential streets anytime (day or night) there is three (3) inches or more of fresh snow on the ground. The ordinance does allow for the issuance of free parking permits for those households that do not have sufficient space to park at least two cars off of the street. Additionally, Council has established specific areas within the city (mostly commercial and high density, multi-family housing areas with insufficient parking) which are exempt from the parking restrictions. Exempt areas are authorized by Resolution 03-180 and listed in Attachment L. Council has also adopted a fee- based parking permit system for those households with adequate off-street parking for two St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 7 of 30 vehicles but own three or more vehicles. The fee-based permit system is authorized by Resolution 03-153. The following Ordinances regulate parking restrictions and sidewalk snow removal during snow related events; 1. Ordinance section 30-153 Concerns general parking restrictions 2. Ordinance section 30-158 Concerns snow removal parking restrictions - Resolution #03-180 Exempts specific streets from the parking restrictions - Resolution #03-153 Establishes process for fee-based parking permits 3. Ordinance sections 24-341 through 24-347 Concern snow, ice, and rubbish; a public nuisance on sidewalks - removal by owner 4. Ordinance section 12-34 Concerns nuisances and snow removal from sidewalks XI. COMPLAINTS Complaints regarding snow/ice control or damage shall be taken during normal working hours and handled in accordance with the City’s complaint procedures. Complaints involving access to property, safety, or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed forty-eight (48) hours for any complaint. Responses are to ensure that the provisions of this policy have been fulfilled and that all residents of the City have been treated uniformly. XII. EMERGENCY NOTIFICATION OF CHANGING CONDITIONS The Supervisor normally is notified of snow and ice condition after hours, on weekends, and during holidays by the Police Department. Icing of pavements may warrant a partial or full operation. The responding individual shall assess the conditions, assign manpower, and equipment as the conditions require. For commencement of snow removal operations the Supervisor reserves flexibility to evaluate storms and determine start times. A notification may be required for one or more of the following: • General snow removal questions. • Snow accumulation of 2", with continual snowfall. • Drifting of snow warranting commencement of partial or full operation. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 8 of 30 ATTACHMENTS: EXHIBIT “A” Snow and Ice Control Priorities EXHIBIT “B” Ordinance Sections 24-341 through 24-347 EXHIBIT “C” Ordinance Section 30-153 EXHIBIT “D” Ordinance Section 30-158 EXHIBIT “E” Resolution #03-180 EXHIBIT “F” Priority Parking Lot List EXHIBIT “G” Priority Skating Areas List EXHIBIT “H” Priority Trail List EXHIBIT “I” Priority Sidewalk List EXHIBIT “J” Priority Pedestrian Bridge List EXHIBIT “K” Priority Bus Stop and Pedestrian Ramp Lists EXHIBIT “L” Exempt Parking Areas - Residential and Commercial (Supplemental Map) EXHIBIT “M” Priority Street Clearing Map (Supplement) EXHIBIT “N” Sidewalk & Trail Clearing Map (Supplement) EXHIBIT “O” Lot (parks & municipal) Map (Supplement) EXHIBIT “P” Plow District Map (Supplement) EXHIBIT “Q” Alley Plow Map (Supplement) St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 9 of 30 EXHIBIT “A” SNOW AND ICE CONTROL PRIORITIES PRIORITY “A” Facilities that connect major sections of the city with access points to the Metropolitan Highway System and provide access for fire, police and medical services including emergency services parking lots. PRIORITY “B” Facilities providing direct service to residential neighborhoods, schools, commercial property and parking lots with scheduled events. PRIORITY “C” Facilities such as low volume residential streets, city owned parking lots, city alleys, park and ride lots, highly used skating rinks/ped bridges/sidewalks/trails, and other facilities with similar type activities. PRIORITY “D” Cul-de-sacs, less used ped bridges/sidewalks/trails/sidewalks/skating rinks, bus stops, other municipal lots, and other facilities with similar type activities. PRIORITY “E” Snow clearing and/or removal from storage areas, bus stops, bridge approaches, parking lots, intersections, low use open skating rinks, and other facilities with similar type activities. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 10 of 30 EXHIBIT “B” SNOW, RUBBISH REMOVAL Sec. 24-341. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Current service means one or more of the following activities by the city: (1) Removal of dangerous snow, ice or rubbish from public sidewalks and public rights-of-way; and (2) Repair of unsafe sidewalks. Sec. 24-342. Snow, ice and rubbish a public nuisance on sidewalks; removal by owner. (a) All snow, ice and rubbish being on a public sidewalk or public right-of-way in such quantities, or in such a manner, as to render the use of the sidewalk by a pedestrian unsafe, is hereby declared a public nuisance. (b) The owner or occupant of any property abutting a public sidewalk shall remove and clear away all snow, ice and rubbish from so much of the sidewalk as is in front of or abuts on the property as follows: (1) Snow and ice shall be removed from all sidewalks in all business and industrial districts within four business hours after the cessation of any fall of snow, sleet or freezing rain or by the beginning of business hours of the next business day following such fall, whichever period is shorter. Snow and ice shall be removed from all other sidewalks on the same day of the cessation of any fall of snow, sleet or freezing rain when at least six hours of daylight remain after the cessation, or otherwise by noon on the following day, whichever period is longer. (2) Rubbish shall be removed from all sidewalks within 12 hours after its accumulation thereon. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 11 of 30 Sec. 24-343. Sidewalk in disrepair a public nuisance; duty of owner. (a) A public sidewalk in such a condition of disrepair as to render its use by a pedestrian unsafe is hereby declared a public nuisance. (b) The owner or occupant of any property within the city abutting a public sidewalk shall keep the sidewalk in repair and safe for use by pedestrians. Repairs shall be made in accordance with standard specifications on file with the city. Sec. 24-344. Abatement notices. (a) Snow, ice and rubbish removal. When an owner or occupant permits a nuisance to exist in violation of section 24-342, the city may serve a notice on the owner of the property ordering removal, elimination or repair of the nuisance within one day after the service. The notice shall state that in the event of noncompliance, removal or elimination may be done by the city at the owner's expense, and, that if the expenses are not paid prior to the following September 1, the charge for the work will be made a special assessment against the property. When no owner or agent of the owner can be found, notice shall be sent by certified mail to the person who is listed on the records of the county auditor or county treasurer as the owner. Service will be complete upon mailing. (b) Sidewalk repair. When an owner or occupant permits a nuisance to exist in violation of section 24-343, the city shall serve a notice on the owner of the property ordering removal, elimination or repair of the nuisance within two days after the service of the notice. The notice shall state that in the event of noncompliance, removal or elimination will be done by the city at the owner's expense, and, that if the expenses are not paid prior to the following September 1, the charge for the work will be made a special assessment against the property. When no owner or agent of the owner can be found, notice shall be sent by certified mail to the person who is listed on the records of the county auditor or county treasurer as the owner. Service will be completed upon mailing. Sec. 24-345. Abatement by city. If the owner or occupant fails to comply with the notice within the period allowed for compliance after service, or if no owner, occupant or agent can be found, the director of public works may: St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 12 of 30 (1) Cause the snow or ice or rubbish constituting the nuisance to be removed; or (2) In the case of a public sidewalk which is unsafe and in need of repairs, report the facts to the city manager who in turn shall report them to the city council. The council thereupon, by resolution, may order the city manager to cause the sidewalk to be repaired and made safe for pedestrians by city crews or by contract let in accordance with law. Abatement by the city after failure of the owner or occupant to do so shall not relieve such owner or occupant of a violation of this Code. Sec. 24-346. Personal liability. The owner of property for which service under section 24-345 has been provided by the city shall be personally liable for the cost of such service. As soon as the current service has been completed and its cost determined, the city manager shall prepare a bill stating the amount due for such service, and stating that if the bill is not paid prior to September 1, the same will be made a special assessment against the property concerned, and shall mail the bill and notice to the owner, and thereupon the amount shall be immediately due and payable to the city. Sec. 24-347. Assessment. After September 1 of each year, the clerk shall list the total unpaid charges for each type of service provided under section 24-345 against each separate lot or tract of land to which they are attributable under this article. The council may then spread the charges against property benefited as a special assessment under M.S.A. § 429.101 and other pertinent statutes, for certification to the county auditor and collection for the following year along with current taxes. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 13 of 30 EXHIBIT “C” Sec. 30-153. General parking restrictions. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled part of any street or highway in this city when it is practical to stop, park or so leave such vehicle off such part of the street or highway, but in every event a clear and unobstructed width of at least 20 feet of such part of the street or highway shall be left for the free passage of other vehicles, and a clear view of such stopped vehicle shall be available for a distance of 200 feet in each direction upon such street or highway. No vehicle shall be parked continuously at any place in any public street for a period of more than 48 hours. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 14 of 30 EXHIBIT “D” Section 30-158 amended by Ordinance No. 2251-03 (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 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. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 15 of 30 (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. (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. St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 16 of 30 EXHIBIT “E” RESOLUTION NO. 03-180 RESOLUTION RESCINDING RESOLUTION NO. 03-152 AND EXEMPTING STREETS FROM THE SNOWFALL PARKING BAN WHEREAS, the City Council established a list of streets exempt from the snowfall parking ban; and WHEREAS, the City Council now deems it necessary to revise the list of exempt streets; and WHEREAS, due to these changes in the list of exempt streets, Resolution 03-152 is no longer current or valid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, that the City hereby: 1. Rescinds Resolution 03-152, Resolution Exempting Streets from the Snowfall Parking Ban. 2. Exempts the streets set forth on Exhibit “L” hereto and incorporated herein by reference, from the three inch (3”) snowfall parking ban pursuant to Section 30- 158 of the City Code. Reviewed for Administration Adopted by the City Council December 15, 2003 Interim City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 17 of 30 St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 18 of 30 EXHIBIT "F" Parking Lots Lot Address Type Priority Preferred completion time Fire Station 1 3750 Wooddale Ave Emergency A ASAP Fire Station 2 2262 Louisiana Ave Emergency A ASAP City Hall (upper/lower/police) 5005 Minnetonka Boulevard Emergency A ASAP Westwood Nature Center 8300 Franklin Ave Recreation B dependent on building schedules Rec Center 3700 Monterey Drive Recreation B dependent on building schedules Nelson 6504 W 26th Street Recreation C dependent on building schedules Water Dept. Shop 3750 Wooddale Ave Commercial C following priorities a & b MSC 7305 Oxford St. Commercial C following priorities a & b Gorham Lot 3435 Gorham Ave Commercial C prior to 8 am 27th and Louisiana Ave 2701 Louisiana Ave Commercial C prior to 8 am Dakota SW behind Palms 6500 Lake St Commercial C prior to 8 am Alabama Ave and Excelsior 6000 Excelsior Boulevard Park & Ride C prior to 8 am Minnetonka and Louisiana 3001 Louisiana Ave Park & ride C prior to 8 am Texas & Highway 7 7941 W. 37th Street Park & Ride C prior to 9 am Bass Lake Park 3515 Beltline Boulevard Recreation C prior to 9 am Treasure Island 2930 Inglewood Ave Commercial C prior to 9 am Reiss's Lot 6601 Lake Street Park & Ride C prior to 9 am 36th and Wooddale Ave 3550 Wooddale Ave Commercial C prior to 9 am Walker St. and Louisiana 7300 Walker Street Park & Ride C same day or dependent on usage Northside 2200 Louisiana Ave Recreation C same day Fern Hill 4405 W 28th Street Recreation C same day 37th and Alabama 6000 W. 37th street Commercial C same day Oak Hill 3356 Quebec Ave Recreation D ASAP after plowing operations Victoria Lake 2750 Virginia Ave Recreation D ASAP after plowing operations Aquila Park 3110 Xylon Ave Recreation D ASAP after plowing operations Carpenter Park 5004 Highway 7 SFR Recreation D ASAP after plowing operations Creekside Park 7315 Oxford Street Recreation D ASAP after plowing operations Keystone Park 3134 Alabama Ave Recreation D ASAP after plowing operations St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 19 of 30 Dakota Park 2665 Dakota Ave Recreation D ASAP after plowing operations EXHIBIT "G" Skating Rinks Rink Address Open or hockey Plowing Priority Parking Lot Preferred completion time Birchwood 2745 Zarthan Ave both C no after priorities A & B Browndale 4905 Morningside Rd both C no after priorities A & B Nelson 6504 W. 26th Street hockey C yes after priorities A & B Northside 2200 Louisiana Ave both C yes after priorities A & B Oak Hill 3356 Quebec Ave both C yes after priorities A & B Bass Lake 4860 W. 35th Street open D no same day Center 5857 Oxford Street hockey D no same day Edgebrook 3920 Pennsylvania Ave open D no same day Parkview 6701 W. 33rd Street both D no same day St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 20 of 30 EXHIBIT "H" Trails Route From To Length Priority Type Preferred completion time Junior High Trail Pennsylvania Ave Texas Ave 1,272 C school prior to 8 am Lynn Ave Trail 27th Street 28th Street 310 C commuter prior to 8 am Wooddale/Devaney Trl Devaney Wooddale 450 C school prior to 8 am 36th Street Beltline Blvd Hwy 100 Ramp South Side 1,471 D commuter prior to 1 pm 36th Street Park Center Blvd Hwy 100 Ramp North Side 636 D commuter prior to 1 pm Beltline Blvd 36th Street Cty Road 25 NFR 2,838 D commuter prior to 1 pm Birchwood Park 28th Street Zarthan Ave 296 D recreation next day Bronx Trail Idaho Ave 29th Street 439 D recreation next day Browndale Pk Trail Browndale Ave Morningside Rd 284 D recreation next day Cedar Lake Road JCC Ridge Drive 4,779 D commuter same day Dakota Park Trail Dakota Ave 27th Street 2,373 D recreation next day Ford Rd Park Trail Ford Road 16th Street 800 D recreation next day George Haun Trail Belt Line Blvd 35th Street 5,014 D recreation same day Hampshire Trail 1400 Hampshire Hampshire Ave 156 D commuter same day Jackley Park Trail Brookside Ave 42nd Street 215 D recreation next day Jersey Park Trail Jersey Ave 16th Street 675 D recreation next day Jordan Ave Jordan Ave SFR I-394 800 D commuter same day Keystone Park Trl Alabama Ave 31st Street 1,203 D general same day Oak Park Village 32nd Street Walker Street 6,852 D recreation same day Ottawa Ave County Road 25 Minnetonka Blvd 989 D commuter same day Otten Pond Trails Dakota Ave 14th Street 1,750 D recreation next day Pennsylvania Ave 16th Street 13 1/2 Street 636 D general same day Roxbury Park Trail Brunswick Ave 32nd Street 340 D general same day SFR I-394 Flag Ave Ford Road 2,538 D commuter same day Stephens Drive Mpls Trail Parkwoods Road 1,060 D commuter same day Taft Trail Louisiana Ave Edgebrook Drive 1,500 D recreation next day St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 21 of 30 Twin Lakes Park 26th St N side of Park 805 D commuter same day 28th St Yosemite Ave Xenwood Ave 280 D commuter same day Franklin Ave Trls Hampshire Ave Louisiana Ave 1,215 C commuter same day Northside Park Trl Louisiana Ave Nevada Ave 624 C commuter same day Aquila Park Trails Aquila Lane 32nd St 3,101 D recreation same day 33rd St Aquila Ave Utah Ave 1,540 D recreation same day Carpenter Pk Trls Raleigh Ave Minnetonka Blvd 2,798 D recreation next day Oak Hill Pk Trails 34th Street Rhode Island Ave 2,808 D recreation next day Shelard Park Trails NFR I-394 Shelard Parkway 4,266 D commuter same day Wolfe Park Trail Belt Line Blvd 36th Street 5,310 D recreation next day SWLRT Corridor West City Limits Beltiline Blvd 11,024 C commuter same day Hutchinson Spur West City Limits Hwy 100 16,960 C commuter same day Hutchinson Spur East City Limits Hwy 100 3,074 C commuter same day SWLRT Corridor Beltline Blvd East city Limits 2,968 C commuter same day 37th St Park Center Blvd SLP Rec Center 954 D recreation next day Shelard Parkway Nathan Lane I-394 NFR 1,537 C commuter same day Lamplighter Pond Franklin Trail 16th St 1,810 D recreation next day Louisiana Ave Lake St Wlker Street 831 C commuter same day Library Lane Louisiana Bridge Library Lane 234 D commuter same day Minnehaha Creek 32nd St 34th St 1,500 D recreation next day Minnetonka Blvd Aquila Ave Highway 169 3,590 C commuter same day Monterey Drive Excelsior Blvd 38th St 261 C Commuter same day Ottawa Ave Cty Rd 25 Minnetonka Blvd 2,100 C Commuter same day SWLRT Trl Conn Taft St SWLRT (Edgebrook Pk) 848 D Commuter same day Benilde High School Parkwoods Road Twin Lakes Park 2,590 C Commuter same day Wooddale Ave Hamilton St 36th St 1,815 C Commuter same day Bass Lake East Bass Lake Trails France Ave 848 D Recreation next day TOTAL 115,367 Lineal Feet 21.8 Miles St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 22 of 30 EXHIBIT "I" Sidewalks Route From To Priority Side Length Type Preferred completion time 16th St Zarthan Park Place Blvd D S 1,440 General prior to end of plowing 16th St Zarthan Park Place Blvd D N 1,440 General prior to end of plowing 16th St Louisiana Ave Pennsylvania D N 1,345 General prior to end of plowing 16th St Jordan Ave Ford Road D N 1,150 General prior to end of plowing 1st St NW Gorham 150 feet east D N 145 General prior to end of plowing 26th St Dakota Kentucky C N 2,143 School prior to 8 am 26th St Monterey Ave Highway 100 D S 2,345 General prior to end of plowing 26th St France Ave Monterey Ave D S 1,906 General prior to end of plowing 27th St Webster Ave Utica Ave D W 630 General prior to end of plowing 28th St Texas Ave Louisiana Ave D N 2,585 General prior to end of plowing 28th St Louisiana Ave Dakota Ave D N 2,648 General prior to end of plowing 28th St Dakota Ave Zarthan Ave D N 1,595 General prior to end of plowing 28th St Texas Virginia D N 347 General prior to end of plowing 28th St Monterey Pkwy Joppa Ave D N 954 General prior to end of plowing 28th St Xenwood Ave Webster Ave D S 252 General prior to end of plowing 32nd St Xylon Ave Texas Ave D S 1,200 General prior to end of plowing 33rd St Dakota Library Lane C S 2,031 School prior to 8 am 36th St Wooddale Hwy 100 Ramp D S 1,680 General prior to end of plowing 36th St Wooddale Hwy 100 Ramp D N 1,680 General prior to end of plowing 36th St Wooddale Alabama Ave D S 250 General prior to end of plowing 36th St Wooddale Alabama Ave D N 250 General prior to end of plowing 36th St Texas Aquila Ave D N 2,110 General prior to end of plowing 36th St Aquila Ave Flag Ave D N 1,209 General prior to end of plowing 36th St Aquila Gettysburg C S 2,822 Commuter prior to 8 am 36th St Texas Ave Wyoming Ave C S 849 Commuter prior to 8 am 37th St Aquila Target Road C N 2,062 Commuter prior to 8 am 38th St Excelsior Blvd France Ave D N 1,997 General prior to end of plowing 38th St Excelsior Blvd France Ave D S 1,997 General prior to end of plowing 38th St Monterey Ave Quentin Ave D S 1,703 General prior to end of plowing 41st St Wooddale Natchez C S 1,653 School prior to 8 am 41st St Wooddale Highway 100 D S 1,000 General prior to end of plowing 41st St Yosemite Ave Vernon Ave D W 850 General prior to end of plowing Alabama Ave Excelsior 37th St D E 2,974 General prior to end of plowing Alabama Ave 37th St 36th St D E 424 General prior to end of plowing Alabama Ave Excelsior 36th St D W 2,974 General prior to end of plowing Alabama Ave 37th St 36th St D W 424 General prior to end of plowing Aquila Ave 33rd St 36th St D W 1,886 General prior to end of plowing Aquila Ave 36th St Hwy 7 C W 1,326 Commuter prior to 8 am Aquila Ave 36th St Hwy 7 C E 1,326 Commuter prior to 8 am Auto Club Way Park Center Blvd East 320 feet D S 320 General prior to end of plowing Auto Club Way Park Center Blvd East 320 feet D N 320 General prior to end of plowing Brookside Ave Excelsior Blvd 42nd St D E 1,484 General prior to end of plowing Brookside Ave 42nd St City Limits D E 1,908 General prior to end of plowing Brookside Ave Excelsior Blvd City Limits D W 3,392 General prior to end of plowing St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 23 of 30 Cedar Lake Road Flag Boone C S 1,230 School prior to 8 am Cedar Lake Road Hwy 169 Texas Ave C N 5,120 Commuter prior to 8 am Cedar Lake Road Texas Louisiana C N 2,762 Commuter prior to 8 am Cedar Lake Road Louisiana Ave Zarthan Ave C N 4,518 Commuter prior to 8 am Cedar Lake Road Zarthan Ave Park Place Blvd C N 1,750 Commuter prior to 8 am Cedar Lake Road Nevada Louisiana C S 584 Commuter prior to 8 am Dakota Ave Lake St Minnetonka C E 2,763 School prior to 8 am Dakota Ave Lake St Minnetonka C W 2,763 School prior to 8 am Dakota Ave Minnetonka 26th St C E 2,583 School prior to 8 am Dakota Ave Minnetonka 26th St C W 2,583 School prior to 8 am Edgewood Ave Cedar Lake Rd 26th St C W 2,226 School prior to 8 am Excelsior Blvd France Ave Monterey C S 2,928 General special service district Excelsior Blvd France Ave Monterey C N 2,928 General special service district Excelsior Blvd Quentin Monterey C S 1,747 Commuter prior to 8 am Excelsior Blvd Quentin Monterey C N 1,747 Commuter prior to 8 am Excelsior Blvd Quentin Wooddale Ave C S 1,335 General special service district Excelsior Blvd Quentin Park Center Blvd C N 1,561 General special service district Excelsior Blvd Park Center Blvd Louisiana Ave C N 4,295 General prior to 8 am Excelsior Blvd Louisiana Ave West City Limits C N 3,507 Commuter prior to 8 am Excelsior Blvd Xenwood Ave Minnehaha Creek C S 2,766 Commuter prior to 8 am Flag Ave Cedar Lake Rd 18th St D W 4,029 General prior to end of plowing Ford Road Shelard Pkwy I-394 NFR D W 2,271 General prior to end of plowing France Ave 26th St Cedar Meadows D W 400 General prior to 8 am Franklin Ave Pennsylvania Louisiana D S 1,294 General prior to end of plowing Franklin Ave Texas Ave Nature Center D N 2,638 General prior to end of plowing Gorham Ave 2nd St NW 1st St NW D E 550 General prior to end of plowing Hampshire Ave Franklin Cedar Lake Rd D W 673 General prior to end of plowing Hampshire Ave I-394 SFR Cul-de-sac D E 938 General prior to end of plowing Idaho Ave Cedar Lake Rd Franklin Ave D E 652 General prior to end of plowing Lake St Brunswick Minnetonka D N 2,632 General prior to end of plowing Lake St Brunswick Walker St D N 2,331 General prior to end of plowing Lake St Minnetonka Dakota D S 3,544 General prior to end of plowing Library Lane Gorham 33rd St C E 643 School prior to 8 am Library Lane Gorham 33rd St C W 200 School prior to 8 am Louisiana Ave Excelsior Blvd Oxford St D E 2,459 General prior to 8 am Louisiana Ave 720’ N of Exc Bld Oxford St D W 1,739 General prior to 8 am Louisiana Ave Oxford St Hwy 7 D E 1,635 General prior to 8 am Louisiana Ave Hwy 7 Minnetonka Blvd D E 4,201 General prior to 8 am Louisiana Ave Hwy 7 Minnetonka Blvd D W 4,201 General prior to 8 am Louisiana Ave Minnetonka Blvd Cedar Lake Rd D E 3,636 General prior to 8 am Louisiana Ave Minnetonka Blvd Cedar lake Rd D W 3,636 General prior to 8 am Louisiana Ave Cedar Lake Rd 14th St D W 3,418 General prior to 8 am Louisiana Ave 14th St I-394 D W 600 General prior to 8 am Louisiana Ave 14th St I-394 D E 600 General prior to 8 am Minnetonka Blvd France Hwy 100 D N 4,906 General prior to 8 am Minnetonka Blvd Inglewood Hwy 100 D S 3,988 General prior to 8 am Minnetonka Blvd Hwy 100 Dakota Ave D N 3,311 General prior to 8 am Minnetonka Blvd Hwy 100 Dakota Ave D S 3,311 General prior to 8 am Minnetonka Blvd Dakota Ave Louisiana Ave D N 2,640 General prior to 8 am Minnetonka Blvd Dakota Ave Louisiana Ave D S 2,640 General prior to 8 am Minnetonka Blvd Louisiana Ave Texas Ave D N 2,517 General prior to 8 am St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 24 of 30 Minnetonka Blvd Louisiana Ave Texas Ave D S 2,517 General prior to 8 am Minnetonka Blvd Texas Ave Aquila D S 1,980 General prior to 8 am Monterey Drive Excelsior Blvd 38th St D W 200 General prior to end of plowing Monterey Drive 38th St 36 ½ St D W 850 General prior to end of plowing Monterey Drive 36 1/2 Street Excelsior Blvd. D E 1,050 General prior to end of plowing Natchez Ave 41st St 40th St C W 383 School prior to 8 am Ottawa Ave 31st St Minnetonka C W 564 Commuter prior to 8 am Ottawa Ave County 25 31st St C W 175 Commuter prior to 8 am Park Center Blvd Excelsior Blvd 36th St C E 3,237 Commuter special service district Park Center Blvd Excelsior Blvd 36th St C W 978 Commuter special service district Park Glen Road Beltline East 250 feet D N 250 General prior to end of plowing Park Place Blvd Cedar Lake Road 16th St D W 1,475 General prior to end of plowing Park Place Blvd Cedar Lake Road 16th St D E 890 General prior to end of plowing Park Nicollet Blvd 39th St Excelsior Blvd C W 490 Commuter special service district Pennsylvania Ave I-394 SFR 14th St D E 645 General prior to end of plowing Princeton Ave 42nd St Wooddale C E 587 School prior to 8 am Quentin Ave 42nd St 41st St C E 574 School prior to 8 am I-394 SFR Texas Ave Louisiana Ave D S 2,450 General prior to end of plowing I-394 SFR Louisiana Ave Colorado Ave D S 3,000 General prior to end of plowing I-394 SFR Colorado Ave Zarthan Ave D S 1,030 General prior to end of plowing I-394 SFR Zarthan Ave Cul-de-sac D S 949 General prior to end of plowing I-394 SFR Park Place Blvd East City Limits D S 2,138 General prior to end of plowing Shelard Pkwy Ford Road Nathan Lane D S 1,567 General prior to end of plowing Texas Ave I-394 SFR Franklin D E 2,500 General prior to end of plowing Texas Ave Cedar Lake Rd Franklin C E 2,588 School prior to 8 am Texas Ave Hwy 7 28th St D W 6,025 General prior to 8 am Texas Ave Hwy 7 28th St D E 6,025 General prior to 8 am Utica Ave 27th St 26th St D W 320 General prior to end of plowing Virginia Ave 28th St Cedar Lake Road D E 1,400 General prior to end of plowing Walker St Lake St East to Railroad D S 318 General prior to end of plowing Walker St Lake St Republic Ave D N 776 General prior to end of plowing Walker St Republic Ave Louisiana Ave D N 690 General prior to end of plowing Walker St Louisiana Texas Ave D N 2,739 General prior to end of plowing Walker St Sumter Ave Texas Ave D S 300 General prior to end of plowing Webster Ave 27th Street 28th Street D W 636 General prior to end of plowing Wooddale Ave 36TH St Hwy 100 Ramp D W 1,104 General prior to end of plowing Wooddale Ave Hwy 100 Ramp Excelsior Blvd D E 1,815 General prior to end of plowing Wooddale Ave 44th St Excelsior Blvd D E 4,582 General prior to end of plowing Wooddale Ave 44th St Excelsior Blvd D W 4,582 General prior to end of plowing Wooddale Ave 44th St City Limits D W 200 General prior to end of plowing Wooddale Ave 35th St Lake St C E 848 School prior to 8 am Yosemite Ave Excelsior Blvd 41st St D W 850 General prior to end of plowing Zarthan Ave Cedar Lake Road 16th St D E 705 General prior to end of plowing TOTAL 256,076 Lineal Feet 48.5 Miles St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 25 of 30 EXHIBIT "J" Pedestrian Bridges Bridge Location Road Owner Priority Type Preferred completion time 33rd Street over Lousiana (trackless) City of St. Louis Park C school prior to 8 am Excelsior Blvd over Minnehaha Creek County C general prior to 8 am 26th Street over Highway 100 MnDOT C school prior to 8 am Brookside Ave & Minnehaha Creek (trackless) City of St. Louis Park D general prior to 3 pm same day Cedar Lake Road over Burlington Railroad City of St. Louis Park D recreation prior to 3 pm same day 41st over Highway 100 MnDOT D general prior to 3 pm same day Pennsylvania Ave Pedestrian over I-394 (trackless) MnDOT D commuter prior to 8 am 37th and Minnehaha Creek City of St. Louis Park D general prior to 3 pm St. Louis Park City Council Agenda Item: 121503 - 4l - Snow Ice Control Policy Page 26 of 30 EXHIBIT "K" Bus Stops Shelters Address Road Owner Shoveling Priority Sidewalk or Trail Priority Preferred completion time Excelsior Blvd & Methodist Hospital Entrance County D C Prior to 8 am Excelsior Blvd & Quentin Ave County D C Prior to 8 am Excelsior Blvd & 38th Street County D C Prior to 8 am Excelsior Blvd & France Ave County D C Prior to 8 am Minnetonka Blvd & Princeton Ave County D C Prior to 8 am Minnetonka Blvd & Raleigh Ave County D C Prior to 8 am Minnetonka Blvd & Highway 100 County D C Prior to 8 am Excelsior Blvd & Wooddale Ave County D C Prior to 8 am Excelsior Blvd & Natchez Ave County D C Prior to 8 am Excelsior Blvd & Joppa Ave County D C Prior to 8 am 27th Street & Louisiana Ave County D C Prior to 8 am 28th Street & Louisiana Ave County D C Prior to 8 am Sidewalk Ramps Excelsior Blvd & Quentin Ave City of St. Louis Park D C Prior to 8 am 36th Street & Wyoming Ave City of St. Louis Park D D Prior to 8 am Revised 12/15/03 EXHIBIT "L" 1. Exempt Residential Streets Street Name From To Sides 14th St. Dakota Ave. Colorado Ave. South 16th St. Colorado Ave. Dakota Ave. North 28th St. 4330 W. 28th St. 100' in length Both 28th St. Texas Ave. Virginia Ave. North 30 1/2 St. Xylon Ave. Virginia Ave. Both 30 1/2 St. Virginia Ave. Utah Ave. Both 31st St. Inglwood Ave. Glenhurst Ave. Both 31st St. Xylon Ave. Virginia Ave. Both 32nd St. Xylon Ave. Virginia Ave. North 34th St. Lake St. 6216 W. 34th St. Both 35th St. Wooddale Ave. Alabama Ave. South 35th St. Alabama Ave. Zarthan Ave. North 35th St. Aquila Ave. Cul-de-sac Cul-de-sac Only 36 1/2 St. Monterey Ave. Lynn Ave. Both 36 1/2 St. Lynn Ave. Kipling Ave. Both 36 1/2 St. Kipling Ave. Excelsior Blvd. North 36th St. Huntington Ave. Cul-de-sac Both Alabama Ave. 3463 Alabama Ave. 35th St. Both Aquila Ave. 34th St. Aquila Cir. West Aquila Cir. Aquila Ave. Cul-de-sac Both Brunswick Ave. Excelsior Blvd. Alley Entrance East Colorado Ave. 14th St. 16th St. Both Dakota Ave. 14th St. Cul-de-sac Cul-de-sac Only E. Serv. Dr. Hwy 169 394 14th St Both Hamilton Ave. Wooddale Ave. Brunswick Ave. South Hampshire Ave. S.Serv. Dr. 394 Dead End Both Hampshire Ave. 23rd St. 24th St. East Huntington Ave. 36th St. Excelsior Blvd. East Idaho Ave. 14th St. S. Serv. Dr. 394 Both Inglewood Ave. S. Serv. Dr. Hwy 25 31st St. Both Jersey Ave. 14th St. S. Serv. Dr. 394 Both Joppa Ave. Minnetonka Blvd.. N. Serv. Dr. Hwy. 25 Both Joppa Ave. Minnetonka Blvd. Sunset Blvd. East Lake St. 34th St. Brunswick Ave. South Louisiana Ct. 28th St. Dead End Both Lynn Ave. Minnetonka Blvd. N. Serv. Dr. Hwy 25 Both Lynn Ave. 36th St. 36 1/2 St. West Meadowbrook Blvd. Excelsior Blvd. Meadowbrook Ln. Both Meadowbrook Ln. Excelsior Blvd. Meadowbrook Blvd. Both Meadowbrook Ln. Meadowbrook Blvd. Dead End Both N. Serv. Dr. Hwy 25 Joppa Ave. Lynn Ave. North Natchez Ave. Minnetonka Blvd. 3040 Natchez Ave. East Nevada Ave. Cedar Lake Rd. Dead End East Nevada Ave. Cedar Lake Rd. 22nd St. Both Ottawa Ave. Minnetonka Blvd. 3041 Ottawa Ave. East Ottawa Ave. 31st St. N. Serv. Dr. Hwy 25 West Revised 12/15/03 Oxford St. Alabama Ave. Zarthan Ave. South Pennsylvania Ave. 14th St. 13 1/2 St. East Raleigh Ave. Minnetonka Blvd. N. Serv. Dr. Hwy 25 West Rhode Island Ave. 28th St. Dead End Both S. Serv. Dr. Hwy. 25 Lynn Ave. Joppa Ave. South Sunset Blvd. Joppa Ave. Inglewood Ave. South Virginia Ave. 30 ½ St. 32nd St. Both Virginia Ave. 32nd St. Cul-de-sac West Wyoming Ave. Minnetonka Blvd. 2948 Wyoming Ave. West Xylon Ave. Minnetonka Blvd. 32nd St. East Revised 12/15/03 EXHIBIT "L" 2. Exempt Non-Residential (Commercial) Streets Street Name From To Sides 1st St. Gorham Ave. Republic Ave. Both 16th St. Zarthan Ave. Park Place Blvd. Both 2nd St. Gorham Ave. Republic Ave. Both 23rd St. Edgewood Ave. Florida Ave. Both 23rd St. Hwy. 100 Utica Ave. Both 25 1/2 St. E. Serv. Dr. Hwy. 100 26th St. Both 27th St. Louisiana Ave. Cul-de-sac Both 35 1/2 St. Webster Ave. Yosemite Ave. Both 35th St. Beltline Blvd. Raleigh Ave. Both 35th St. Raleigh Ave. Cul-de-sac Both 36th St. Wooddale Ave. Monterey Ave. Both 36th St. Texas Ave. Independence Ave. Both 37th St. Inglewood Ave. Joppa Ave. Both 37th St. Wooddale Ave. Brunswick Ave. Both 37th St. Aquila Ave. Target Parking Lot Both 37th St. Texas Ave. Sumter Ave. Both 37th St. Pennsylvania Ave. Walker St. Both 39th St. Princeton Ave. Med Center Parking Lot Both Alabama Ave. Excelsior Blvd. 400' N. of Excelsior Blvd. Both Aquila Ave. 36th St. Hwy. 7 Both Auto Club Way Park Center Blvd. Med Center Parking Lot Both Beltline Blvd. Co. Rd. #25 36th St. Both Brookside Ave. Excelsior Blvd. 41st St. Both Cambridge St. Edgewood Ave. RR Bridge Both Cedar Lake Rd. Hwy. 169 JCC Cul-de-sac Both Dakota Ave. Walker St. Dead End Both Dakota Ave. Walker St. N. Serv. Dr. Hwy. 7 Both Dakota Ave. Lake St. RR Tracks Both E. Serv. Dr. Hwy. 100 Hwy. 100 25 1/2 St. Both E. Serv. Dr. Hwy. 169 22nd St. 23rd St. Both Edgewood Ave. Oxford St. Cambridge St. Both Edgewood Ave. Cedar Lake Rd. Dead End Both Excelsior Blvd. France Ave. Meadowbrook Rd. Both Flag Ave. 36th St. Minnehaha Cir. S. Both Florida Ave. 23rd St. Dead End Both Ford Ln. Ford Rd. N. Serv. Dr. Hwy. 394 Both Ford Rd. Shelard Pkwy. N. Serv. Dr. Hwy. 394 Both France Ave. 40th St. Excelsior Blvd. West France Ave. Minnetonka Blvd. Cedar Lake Ave. West France Ave. Cedar Lake Ave. City Limits Both Gamble Dr. Park Place Blvd. City Limit Both Gorham Ave. Louisiana Ave. Walker St. Both Hampshire Ave. S. Serv. Dr. Hwy. 7 Dead End Both Joppa Ave. S. Serv. Dr. Co. #25 Dead End Both Jordan Ave. Cedar Lake Rd. 28th St. Both Lake St. S. Serv. Dr. Hwy. 7 Taft Ave. Both Lake St. Hwy. 7 Wooddale Ave. Both Library Ln. Lake St. Walker St. Both Louisiana Ave. Excelsior Blvd. Hwy. 394 Both Revised 12/15/03 Lynn Ave. S. serv. Dr. Co. #25 Dead End Both Meadowbrook Rd. Excelsior Blvd. Oxford St. Both Med Center Blvd. Excelsior Blvd. Around Entire Loop Both Minnetonka Blvd. France Ave. Hwy. 169 Both Monitor St. S. Serv. Dr. Hwy. 7 Dead End Both N. Serv. Dr. Co. #25 Inglewood Ave. Joppa Ave. Both N. Serv. Dr. Co. #25 Ottawa Ave. Raleigh Ave. Both N. Serv. Dr. Hwy. 394 Shelard Pkwy. Ford Ln. Both N. Serv. Dr. Hwy. 7 Walker St. Wooddale Ave. Both Natchez Ave. S. Serv. Dr. 25 Dead End Both Oak Leaf Dr. Louisiana Ave. 2nd St. Both Oak Village Dr. Louisiana Ave. Cul-de-sac Both Ottawa Ave. 39th St Excelsior Blvd. Both Oxford St. Meadowbrook Rd. Edgewood Ave. Both Park Center Blvd. 36th St. Excelsior Blvd. Both Park Glen Rd. Beltline Blvd. West Cul-du Sac Both Park Glen Rd. Beltline Blvd. East Cul-du Sac Both Park Place Blvd. Cedar Lake Rd. Hwy. 394 Both Parkdale Dr. Park Place Blvd. Hwy. 100 Both Phillips Pkwy. 36th St. Cul-de-sac Both Powell Rd. Excelsior Blvd. Meadowbrook Rd. Both Princeton Ave. 39th St Excelsior Blvd. Both Quentin Ave. Cedar Lake Rd. City Limit Both Quentin Ave. 39th St Excelsior Blvd. Both Raleigh Ave. 35th St. 36th St. Both Republic Ave. 2nd St. Walker St. Both S. Serv. Dr. Co. #25 France Ave. Beltline Blvd. Both S. Serv. Dr. Co. #25 Beltline Blvd. Cul-de-sac Both S. Serv. Dr. Hwy. 394 Park Place Blvd. City Limit Both S. Serv. Dr. Hwy. 394 City Limit Cul-de-sac Both S. Serv. Dr. Hwy. 394 Independence Ave. Shelard Pkwy. Both S. Serv. Dr. Hwy. 7 Wooddale Ave. East to Cul-de-sac Both S. Serv. Dr. Hwy. 7 Wooddale Ave. Oregon Ave. Both S. Serv. Dr. Hwy. 7 Sumter Ave. City Limits Both Shelard Pkwy. S. Serv. Dr. Hwy. 394 Hwy. 169 Both Stephens Dr. W. Serv. Dr. Hwy. 100 Dead End Both Texas Ave. S. Serv. Dr. Hwy. 7 36th St. Both Utica Ave. 23rd St. Stephens Dr. Both Virginia Ave. 26th St. 28th St. Both W. Serv. Dr. Hwy. 100 Minnetonka Blvd. Webster Ave. Both W. Serv. Dr. Hwy. 100 Stephens Dr. 27th St. Both Walker St. Pennsylvania Ave. Dakota Ave. Both Webster Ave. 35 1/2 St. 36th St. Both Wooddale Ave. Hwy. 7 Hwy. 100 Both Wooddale Ave. Excelsior Blvd. Toledo Ave. Both Xenwood Ave. 36th St. North to Dead End Both Xenwood Ave. 36th St. South to Alley Both Yosemite Ave. 35 1/2 St. 36th St. Both Zarthan Ave. Cedar Lake Rd. S. Serv. Dr. Hwy. 394 Both St. Louis Park City Council Agenda Item: 121503 - 5a - Board and Commission Reappointments Page 1 of 1 5a. Reappointments to Boards and Commissions Reappointment of commissioners whose terms are due to expire December 31, 2003 Recommended Action: Motion to reappoint commissioners Bissonette, Gothberg, Rudelius- Palmer, Mann, Clark and Lindenberg. Background: The terms of the commissioners listed below have expired or are expiring at year end. All have indicated that they wish to be re-appointed to a new term. Staff liaisons have been consulted and have indicated no issues that need to be addressed at this time. New terms are for a three-year period, with the exception of the two student terms which are one year. FN LN COMMITTEE TERM EXPIRES NEW TERM LENGTH Michelle Bissonette Planning Commission 12/31/03 12/31/06 Ken Gothberg Planning Commission 12/31/03 12/31/06 Kristi Rudelius-Palmer Human Rights Commission 12/31/03 12/31/06 John Mann Fire Civil Service 10/1/03 10/1/06 Colleen Clark Human Rights Commission 10/07/03 Student 10/7/04 Sarah Lindenberg Parks/Recreation Advisory 11/4/03 Student 11/4/04 Prepared by: Cindy Reichert, City Clerk Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8a - Neighborhood Grant Program Changes Page 1 of 3 8a. Changes to the 2004 Neighborhood Revitalization Grant Guidelines With input from Neighborhood Associations, the citizen grant review committee recommends changes to the guidelines for distributing 2004 revitalization funds. Recommended Action: Motion to accept 2004 Neighborhood Revitatlization Grant Guidelines Report from the Citizen Grant Review Committee. Background: For the past five years, the City Council has made available a total of $40,000 to fund Neighborhood Association initiatives in our city. (Grant funding began in 1996 with a smaller amount.) The funding was provided as a base of support and required each neighborhood to match their grant with donations, volunteer labor or fundraising. The neighborhood grant program supports the mission of the city to maintain strong neighborhoods and foster community connections. As more neighborhoods organized their own associations, the program has grown. Five years ago, fourteen associations applied for grants. Earlier this year, twenty associations applied for grants. Grant awards ranged from approximately $1000 to $3000 per neighborhood each year. Changes for 2004 Due to the budget dilemma facing the City in 2004, funding for the neighborhood grant program was cut in half. $20,000 will be available for application by neighborhood associations next year. Process for Input Neighbors representing organized neighborhood associations were invited to a meeting on November 13, 2003 to discuss the reduction in grant funds. Neighbors were given the opportunity to suggest changes to the grant application guidelines with the hopes that adjusting some of the requirements may ease the difficulty of the reduced funding. Neighbors also viewed a sampling of distribution formulas and gave their opinions on how each might affect their own level of neighborhood activities. The meeting was positive. Overall, neighbors accepted the need to do their part to economize. However, there was concern that such a significant cut would be difficult for them to adjust to in one year. Ideas for fundraising and reducing activity costs were shared between neighborhoods at the meeting. Recommended Changes On December 1st, 2003, the neighbor’s suggestions were reviewed by the citizen grant review committee. The grant review committee is compromised of neighbors who live in areas not eligible for grants. They are charged each year, as unbiased observers, with recommending the distribution of grant funds to City Council. The review committee members present at the meeting were: Dave Raatz, North Side Neighborhood, Scott Engel, Wolfe Park Neighborhood, St. Louis Park City Council Agenda Item: 121503 - 8a - Neighborhood Grant Program Changes Page 2 of 3 Kellene Campbell Duerksen, Brooklawns Neighborhood and Rick Person from the Westwood Hills Neighborhood. The following recommendations were made by the committee: • Maintain the annual spring application process. • Maintain the requirement for associations to provide matching resources. • Eliminate categories of funding. • Change the distribution of funds. Use a formula for maximum grant amounts which includes a $700 minimum base of support plus an amount based on number of households. • Ask City Council to add funding when new neighborhoods are organized. The grant review committee also recommends that this new process undergo evaluation after one year. Activity levels of neighborhoods should be evaluated to make sure that the overall vitality of the neighborhood associations is not declining over time. Attachments: 2004 Distribution Formula Prepared by: Martha McDonell, Community Outreach Coordinator Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8a - Neighborhood Grant Program Changes Page 3 of 3 Neighborhood Revitalization Grant Funding 2004 Distribution Formula Amount = Maximum grant per neigborhood Organized Neighborhoods 5 year average Large size grant Amount Decrease Eliot 1070 $2,028 $1,068 47% Lenox 878 $1,844 $1,002 46% Fern Hill 1343 $1,656 $1,161 30% Birchwood 1028 $1,516 $1,053 31% Aquila 1260 $1,380 $1,133 18% Bronx Park 991 $1,157 $1,040 10% Minikahda Vista 829 $1,015 $985 3% Texa Tonka 842 $962 $989 -3% Medium Size Browndale 571 $2,341 $896 62% Sorensen 756 $1,661 $960 42% Elmwood 517 $1,600 $878 45% Small Kilmer 248 $1,818 $785 57% Cedarhurst 422 $1,648 $845 49% Cobblecrest 372 $1,564 $828 47% Blackstone 534 $1,280 $883 31% Brookside 321 $1,169 $810 31% Minnehaha 472 $940 $862 8% South Oak Hill 300 $740 $803 -9% Very Small Creekside 191 $1,634 $766 53% Lake Forest 195 $1,420 $767 46% Minikahda Oaks 77 $917 $726 21% Brooklawns**171 $759 Total households 13388 $20,000 Total funding in organized areas "Decrease" represents the percentage decrease based on a comparison to the average award that neighborhood received over the last five years Past averages were considered without funds for capital like benches. Plants, trees, gardens etc. were considered in past awards at a max of $600 year. ** Brooklawns has never had a grant. Funds by size above $700 minimum St. Louis Park City Council Agenda Item: 121503 - 8b - 2004 Pay Increase Page 1 of 3 8b. 2004 General Pay Increase Non-Union Employee compensation and Paid-on-call Firefighter Performance Program Recommended Action: It is recommended that the City Council adopt the attached resolution confirming a general increase for non-union employees and increasing performance program pay for Paid-on- call Firefighters. Non-Union Employee Compensation: Our compensation plan, which was adopted in 1997, allows the City Manager to approve the standard adjustment by considering market data for public sector positions and general financial conditions of the City. Review of the market was conducted by Rod Kelsey, Compensation Consultant, Principal and Vice President of Riley, Dettmann & Kelsey. Mr. Kelsey reviewed the salaries of St. Louis Park in comparison with cities of population over 25,000 (Stanton Group V), as required in our compensation plan. It was determined that the pay maximums for St. Louis Park should increase an overall 3% by year end 2004. It was also recommended that this adjustment to the payplan be accomplished by adjusting the maximums 2% January 1, 2004 and 1% July 1, 2004. Upon review of market data and recommendations from our compensation consultant, the Interim City Manager has approved a standard wage adjustment of 2% January 1 and 1% July 1, 2004. Funds to apply the standard adjustment in accordance with our compensation plan are included in the proposed 2004 budget. Paid-on-call Firefighter Performance Program Our Paid-on-call Firefighter performance program system was established in 1996. The performance program system was designed for our Paid-on-call Firefighters to be competitive with our volunteer neighbors, and to avoid creation of a Fire Department Relief Association. The performance program is reviewed annually. For 2004, we recommend an increase split in the same manner as non-union compensation; 2% January through June, and 1% July through December 2004 giving a total of 3% increase for 2004. (Payment is typically made year end based on performance as approved by the Fire Chief). This increase to the performance program plan for our Paid-On-Call Firefighters is shown below: Performance Program: Paid on Call Firefighters For 0 – 23 months of service, Paid on call Firefighters are eligible to receive a monthly amount. After 23 months, they are eligible to receive an annual amount. This amount may be pro-rated for actual number of months worked. All amounts after the 23 month timeframe show annual amounts and should be adjusted accordingly. St. Louis Park City Council Agenda Item: 121503 - 8b - 2004 Pay Increase Page 2 of 3 Jan. 1 – June 30 2004: 2% July 1 – Dec. 31 2004: 1% 2004 Annual 2003 0-23 mo. 119/month 120/month NA 117/month 2years 130/month 131/month 1566/year 1524/year 3 140/month 141/month 1686/year 1642/year 4 150/month 151/month 1806/year 1759/year 5 160/month 161/month 1926year 1877/year 6 169/month 171/month 2040year 1993/year 7 179/month 181/month 2160year 2110/year 8 189/month 191/month 2280year 2228/year 9 199/month 201/month 2400year 2345/year 10 209/month 211/month 2520year 2463/year 11 219/month 221/month 2640year 2580/year 12 229/month 232/month 2766year 2698/year 13 239/month 242/month 2886year 2814/year 14 249/month 252/month 3006year 2931/year 15 259/month 262/month 3126/year 3049/year 16 269/month 272/month 3246year 3166/year 17 279/month 282/month 3366/year 3284/year 18 289/month 292/month 3486/year 3401/year 19 299/month 302/month 3606/year 3518/year 20 309/month 312/month 3726/year 3635/year Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Director Approved by: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8b - 2004 Pay Increase Page 3 of 3 RESOLUTION NO. 03-181 A RESOLUTION CONFIRMING A GENERAL INCREASE FOR NON-UNION EMPLOYEES AND INCREASING PERFORMANCE PROGRAM PAY FOR PAID-ON-CALL FIREFIGHTERS. WHEREAS, the City Council established and approved, by Resolution, the Position Classification and Compensation Plan for the City of St. Louis Park, and Section VIII-C of such Plan directs the City Manager to approve the standard adjustment to the Plan; THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: A. The Council confirms the Interim City Manager’s decision to implement a standard adjustment of 2% January 1, 2004 and 1% July 1, 2004 for non-union employees in accordance with the Position Classification and Compensation Plan. B. The Council approves a percentage increase in the Paid-On-Call Firefighters 2004 performance program consistent with percentage increases authorized for non-union employees: Performance Program: Paid on Call Firefighters Jan. 1 – June 30 2004: 2% July 1 – Dec. 31 2004: 1% 2004 Annual 0-23 mo. 119/month 120/month NA 2years 130/month 131/month 1566/year 3 140/month 141/month 1686/year 4 150/month 151/month 1806/year 5 160/month 161/month 1926year 6 169/month 171/month 2040year 7 179/month 181/month 2160year 8 189/month 191/month 2280year 9 199/month 201/month 2400year 10 209/month 211/month 2520year 11 219/month 221/month 2640year 12 229/month 232/month 2766year 13 239/month 242/month 2886year 14 249/month 252/month 3006year 15 259/month 262/month 3126/year 16 269/month 272/month 3246year 17 279/month 282/month 3366/year 18 289/month 292/month 3486/year 19 299/month 302/month 3606/year 20 309/month 312/month 3726/year (Signature Block) St. Louis Park City Council Agenda Item: 121503 - 8c - Wayside House Rezoning Page 1 of 4 8c. First Reading of City-initiated ordinance to rezone 3705 Park Center Boulevard (Wayside House property) from R-C High-Density Residential to M-X Mixed Use for consistency with the Civic Mixed Use Comprehensive Plan designation of the property. Case Nos. 03-62-Z Recommended Action: Motion to approve First Reading of an ordinance to rezone 3705 Park Center Boulevard from R-C to M-X and set Second Reading for January 5, 2004. Existing Comprehensive Plan: Civic Mixed-Use Existing Zoning: R-C High-Density Multiple Family Proposed Zoning: M-X Mixed Use Background: The subject property is owned by Wayside House and used as a residential treatment center (group home/non-statutory) for women recovering from alcohol and/or drug dependency. The property is in the Park Commons (town center) redevelopment area. In October, 1996, a community design process (charrette) was held to develop concept plans for the future of the area. The charrette concept plans proposed a future civic use for the ground floor of this property. The civic use was not specifically identified but could include a library branch, community rooms, art center or education space. Upper floors could include residential or office/medical office space. Subsequently, the Park Commons West Study looked at the area in more detail with a task force of nearby residents and business representatives. The 1998 Park Commons West consensus recommendations of the task force confirmed the future use of this property for Civic Mixed Use. In 1999, the Comprehensive Plan 2000-2020 became effective and designated this property for Civic Mixed Use. Per State Law, the zoning is required to be consistent with the Comprehensive Plan. However, when rezoning for consistency was first proposed, Wayside House expressed concerns that their existing stand-alone group home use would becoming non-conforming under the M-X Mixed Use zoning language that was in effect at that time. The City subsequently amended the M-X Mixed Use ordinance to allow group homes in existence on June 1, 1999 to be permitted uses in the M-X Mixed Use District. This prevents Wayside House from being a nonconforming use in the M-X zoning district. On September 16, 2003, staff met with the Executive Director of Wayside House (Sharon Johnson) to revisit the issue of rezoning the property to M-X. Based upon the fact that the existing use would continue to be permitted and could be included in a future redevelopment of the property (see analysis), Ms. Johnson indicated that she had no objections to the rezoning. As St. Louis Park City Council Agenda Item: 121503 - 8c - Wayside House Rezoning Page 2 of 4 noted, the rezoning would bring the property into conformance with the existing Comprehensive Plan designation as required by State Law. Wayside House. On November 19, 2003, the Planning Commission held a public hearing to consider the rezoning and heard testimony from Sharon Johnson of Wayside House. Ms. Johnson stated that Wayside House does not have a redevelopment plan. However, their Board has discussed "what if" scenarios, and they are comfortable with the opportunities provided by the M-X District. The Planning Commission recommended approval of the rezoning on a vote of 6-0. Issues: Ø Is the proposed M-X zoning consistent with the existing Comprehensive Plan designation for the property? Ø Would the existing Wayside House group home use become nonconforming under the M-X zoning? Ø Could the Wayside House use be included in a future mixed-use redevelopment of the property? Ø Is the City proactively encouraging redevelopment of this property? Analysis of Issues: Ø Is the proposed M-X zoning consistent with the existing Comprehensive Plan designation for the property? The proposed M-X Mixed Use zoning is consistent with the Civic Mixed Use Comprehensive Plan designation. Properties designated for Civic or Commercial Mixed Use are generally zoned M-X Mixed Use. The M-X Mixed Use District requires a majority of the ground floor area to be devoted to either civic/institutional/transportation uses or commercial uses as designated by the Comprehensive Plan. Upper stories can include office, human care, laboratory or residential uses. Ø Would the existing Wayside House group home use become nonconforming under the M-X zoning? The existing Wayside House group home/non-statutory use would not become nonconforming under the M-X Mixed Use zoning. An ordinance amendment was adopted to allow non-statutory group homes in existence on June 1, 1999 to be treated as permitted uses. Wayside House was in existence on that date. The permitted use status allows Wayside House to improve the existing facility and rebuild if necessary. Ø Could the Wayside House use be included in a future mixed-use redevelopment of the property? St. Louis Park City Council Agenda Item: 121503 - 8c - Wayside House Rezoning Page 3 of 4 The Wayside House group home use could be included in a future redevelopment of the property. The M-X Mixed Use District allows group homes/non-statutory as one of the potential uses. If it were developed on the ground floor of a future mixed-use building, it could not occupy a majority of the ground floor. Under the existing Comprehensive Plan designation, the majority of the ground floor would need to be developed as civic/institutional/transportation uses (community center, education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters, and time transfer and transit stations). Wayside House could be developed on the ground floor in conjunction with one or more of these civic uses. Another option would be to redevelop Wayside House into one or more upper stories of a mixed- use building. There would not be any limits on the percentage of upper stories that Wayside House could occupy. It could potentially be the only upper story use or it could be one of several uses (including adult daycare, group daycare/nursery school, medical/dental office, medical/optical/dental laboratory, nursing home, office, multiple family dwellings, and elderly housing). Wayside House could also occupy a portion of the first floor and upper stories of a future mixed- use building. The use mix and design of any future redevelopment would be reviewed via the PUD process. Ø Is the City proactively encouraging redevelopment of this property? The City is not proactively encouraging redevelopment of this property or attempting to purchase the property at this time. The reason for the rezoning is to provide consistency with the Comprehensive Plan, as required by State Law, and to prevent potential private redevelopment of the property as a stand-alone high-density residential development. Wayside House has indicated that a residential developer has expressed interest in purchasing their property. Recommendation: Staff and the Planning Commission recommend approval of the rezoning based upon conformance with the existing Comprehensive Plan designation. Attachments: Ø Proposed Ordinance Ø Existing Comprehensive Plan Ø Existing Zoning Ø Proposed Zoning Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8c - Wayside House Rezoning Page 4 of 4 ORDINANCE NO.__________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3705 PARK CENTER BOULEVARD THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: THAT PART OF LOT 2 BLK 2 DESC AS COM AT THE INTERS OF THE E LINE OF LOT 2 AND A LINE 24 FT NLY OF MEAS AT A R/A TO AND PAR WITH THE S LINE OF LOT 2 TH NLY ALONG SAID E LINE A DIS OF 401 FT TO PT OF BEG TH SLY ALONG SAID E LINE A DIS OF 195 FT TH WLY PAR WITH SAID S LINE A DIS OF 423 FT TH NLY PAR WITH SAID E LINE A DIS OF 195 FT TO THE BEG OF A LINE DESC AS LINE A TH NELY DEFL LEFT 16 DEG 35 MIN 14 SEC TO THE SLY R/W OF PARK CTR BLVD AND SAID LINE A THERE TERMINATING TH ELY ALONG SAID SLY R/W TO THE INTERS WITH A LINE 60 FT ELY OF MEAS AT R/A TO AND PAR WITH SAID LINE A TH SELY ALONG LAST DESC PAR LINE TO THE INTER SECTION WITH A LINE DRAWN WLY FROM THE PT OF BEG AND PAR WITH THE S LINE OF LOT 2 TH ELY ALONG THE LAST DESC PAR LINE TO THE PT OF BEG, PARK CENTER from R-C Multi-Family Residential to M-X Mixed Use. Section 2. This ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council January 5, 2003 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 03-62-Z:res-ord St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 1 of 9 8d. Adopt 2004 Budget, 2003 Revised Budget, 2004 Property Tax Levy, HRA Levy and 2004 – 2008 Capital Improvement Program This is the final step in approving the 2004 budget, 2003 revised budget, 2004 property tax levy, 2003 HRA levy and 2004 – 2008 Capital Improvement Program. Recommended Action: 1) Motion to adopt a resolution approving the 2003 Tax Levy collectible in 2004, adopting the Budget for 2004, and adopting the Revised Budget for 2003 2) Motion to adopt a resolution authorizing the HRA Levy for 2004 3) Motion to adopt a resolution approving an amendment to the Comprehensive Plan Year 2000 to Year 2020 for the City per Minnesota Statutes, incorporating the Capital Improvement Program (CIP) Year 2004 to Year 2008; approve summary resolution for publication Background: The 2004 budget and 2003 revised budget documents were presented to the City Council in August of this year. In September, the City Council approved the preliminary tax levy, budget, and HRA levy for 2004. A Public Hearing was held on these items December 1, 2003 as part of the regular City Council meeting. The 2004 – 2008 Capital Improvement Program was presented to City Council in October, 2003 and to the Planning Commission on December 3, 2003. The Planning Commission has recommended approval of the Capital Improvement Program for 2004 – 2008. 2004 Budget General Fund Budget: Total revenues and expenditures decreased by $412,578 from the adopted 2003 budget. The decreases are due to the following; Property Tax Levy 762,719$ General Government (242,095)$ Intergovernmental Revenue (2,293,115) Public Safety 14,229 Licenses and Permits (240,086) Public Works (213,684) Charges for Services 227,896 Contingency 28,972 Miscellaneous Rev. and Transfers 1,047,024 Use of Reserves 82,984 Total Revenue Decrease (412,578)$ Total Expenditure Decrease (412,578)$ Revenues Expenditures St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 2 of 9 The 2004 General Fund budgeted revenues shows a decrease over the 2003 adopted budget of approximately 2.5%. This decrease in revenue is due primarily to the loss of Local Government Aid. The 2004 revenue budget anticipates levying for 60% of the lost Local Government Aid. The aid loss is approximately $2.1M and the City is projecting an increase in the property tax levy of $1.2M. The Council has also approved fee increases based on a study conducted by the Finance Department and a consultant. Each individual division within the General Fund was impacted differently with the budget reductions. The budget document itself identifies the areas of change for each division. Use of Reserves: Both the 2003 Revised Budget and 2004 Budget require using reserves in order to balance the budgets. The 2003 Revised Budget requires use of reserves due to loss of Local Government Aid. Unfortunately, the City did not know the loss of aid at the time the 2003 budget was adopted. 2003 Revised Budget; Significant reductions in expenditures have been projected for the 2003 revised budget. These reductions include reducing line item expenditures as well as the impact of the Early Retirement Incentive Program. Because of these actions, reserves in the amount of $689,898 will be needed. The total Local Government Aid loss in 2003 is $1,550,774. 2004 Proposed Budget; The use of reserves is also required for 2004. Due to the nature of the budget reductions proposed, not all recommendations can be implemented before the end of the 2003. Therefore, those budget reductions not implemented by the end of 2003 will be implemented during 2004. By the end of 2004, all budget reductions will be implemented. The 2004 budget will require using $82,984 of reserves. 2003 Property Tax Levy: The property tax levy payable for 2004 has increased by 12.3%. This includes the increase designated for General Obligation Debt. Without the General Obligation Debt, the overall property tax levy shows an increase of 9.1%. The City of St. Louis Park is electing to levy the maximum amount under levy limitations. Property taxes are used to partially support the operations of the General Fund, Park and Recreation Fund and the Park Improvement Fund. In addition to operations, a portion of the levy is used for the retirement of general obligation debt. The bonded debt levies are set by the bond order, which is specific to each debt issue. HRA Levy: This is the third year the City is proposing to issue a Housing and Redevelopment (HRA) levy. The reason for proposing an HRA levy is because of legislative changes in the tax increment statutes. The legislative changes have severely hampered the ability of the City to do future redevelopment projects. The HRA levy will generate $543,125 of revenue. These dollars will be used for infrastructure improvements in redevelopment areas. St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 3 of 9 The City has always had the authority to issue this type of levy. The levy itself is based on a percentage of taxable market value within the community. The revenue generated from this levy is found in the Development Fund budget located in the EDA tab in your budget document. Capital Improvement Program: At the October 13, 2003 Study Session, Council reviewed the 2004 – 2008 Capital Improvement Program. The Planning Commission considered the proposed CIP at its December 3, 2003 meeting. Staff prepared a comparison of capital improvement projects with major Comprehensive Plan initiatives. Not all projects listed in the Capital Improvement Program are included in the Comprehensive Plan. The items include equipment, software, and communication system replacements and municipal building improvements. The Comprehensive Plan does not contain a chapter dedicated to municipal buildings, so including these improvements will require the addition of a chapter or section that addresses this. The Planning commission recommends that projects related to communication be added to the Communications chapter of the Plan. The Commission found no conflicts between the two documents. The Commission also recognizes that the CIP will be updated each year with the attempt to reflect additional Comprehensive Plan initiatives, which span out to the year 2020. At that meeting, the Commission voted unanimously to recommend that the City Council adopt a resolution amending the Comprehensive Plan 2000 – 2020 to incorporate the 2004 – 2008 CIP subject to Metropolitan Council approval and amendments to Chapter T, Communications, to incorporate projects related to radio, cable, and telephone systems replacements. Recommendation: Adopt the 2004 budget, 2003 revised budget, approve 2003 property tax levy collectible in 2004, approve HRA levy, and adopt the 2004 – 2008 Capital Improvement Program. Attachments: • Resolution approving the 2003 tax levy, collectible in 2004, adopting the 2004 budget, and revisions to the 2004 budget • Resolution approving the 2003 HRA Levy • Resolution approving the 2004 – 2008 Capital Improvement Program and amending the Comprehensive Plan to incorporate the Capital Improvement Program Prepared By: Jean D. McGann, Director of Finance Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 4 of 9 RESOLUTION NO. 03-182 RESOLUTION APPROVING 2003 TAX LEVY COLLECTIBLE IN 2004, ADOPTING BUDGET FOR 2004, AND REVISED BUDGET FOR 2003 WHEREAS, The City of St. Louis Park is required by Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota Statutes currently in force require approval of a property tax levy and a budget on or before December 25th of each year; and WHEREAS, the City Council has received the budget document; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park that the 2003 revised budget is approved and the 2004 budget for all Governmental Funds, (including Economic Development Authority Funds), Enterprise Funds and Internal Service Funds shall be as follows: AVAILABLE RESOURCES:REQUIREMENTS: Revenues:Appropriations: General Property Taxes 16,866,840$ Personal Services 20,177,879$ Tax Increment Revenue 4,466,054 Supplies, Services and Other Charge 23,029,338 Licenses and Permits 2,137,400 Capital Outlay 3,487,049 Integovernmental 2,759,650 Transfers Out 9,215,867 Charges for Services 3,177,010 Fines, Forfeits and Penalties 298,000 Enterprise 9,295,246 Miscellaneous 3,153,047 Investment Earnings 1,643,288 Transfers In 9,665,867 Total Revenue 53,462,402$ Total Appropriations 55,910,133$ Fund Balance/Reserves - Janua 99,613,652 Fund Balance/Reservices - Dec 31 97,165,921 Total Available 153,076,054$ Total Available 153,076,054$ and as supported by the 2004 budget document; and BE IT FURTHER RESOLVED, a Public Hearing on this budget was held on December 1, 2003; and St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 5 of 9 BE IT FURTHER RESOLVED, that the City Council of the City of St. Louis Park, Hennepin County, Minnesota, that the following sums of money be levied in 2003, collectible in 2004 upon the taxable property in said City of St. Louis Park for the following purposes: General Fund $12,002,318 Parks and Recreation Fund 2,555,824 Parks Improvement Fund 927,473 G.O. Debt Service 838,100 Total $ 16,323,715 and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota and to the Local Government Aids/Analysis Division, Department of Revenue, State of Minnesota as required by law. Reviewed for Administration: Adopted by the City Council December 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 6 of 9 RESOLUTION NO. 03-183 RESOLUTION AUTHORIZING THE HRA LEVY FOR 2004 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic Development Authority (the "Authority"); and WHEREAS, pursuant to the EDA Act, the City Council granted to the Authority all of the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the City to be expended for the purposes authorized by the HRA Act; and WHEREAS, such levy may be in an amount not to exceed 0.0144 percent of taxable market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City; and WHEREAS, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; NOW, THEREFORE, BE IT RESOLVED, by the St. Louis Park City Council: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2004, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the HRA Act. Reviewed for Administration: Adopted by the City Council December 16, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 7 of 9 RESOLUTION NO. 03-184 A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2004 - 2008 WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 8 of 9 WHEREAS, fiscal devises such as the City’s 5-year capital improvement program for transportation, utilities, and parks is used as a tool to implement the goals and policies of the Comprehensive Plan, and WHEREAS, the City’s capital improvement program is updated annually to incorporate new projects and new sources of funding, and WHEREAS, the Planning Commission reviewed the Capital Improvement Program 2004 – 2008 and found it to be consistent with the goals and policies of the Comprehensive Plan 2000 – 2020, and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 to incorporate the Capital Improvement Program 2004 – 2008 on December 3, 2003, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Capital Improvement Program 2004 – 2008 is hereby approved and the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Incorporation of Capital Improvement Program 2004 - 2008 to replace CIP 2003-2007 Reviewed for Administration: Adopted by the City Council December 15, 2003 Contingent upon approval of the Metropolitan Council City Mana ger Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 8d - 2004 Budget, 2003 Revised Budget, HRA Levy Page 9 of 9 SUMMARY RESOLUTION NO. 03-184 A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 INCORPORATING CAPITAL IMPROVEMENT PROGRAM (CIP) 2004 - 2008 This resolution states that the City of St. Louis Park's Capital Improvement Program (CIP) 2004 - 2008 shall be incorporated into the Comprehensive Plan 2000 to the year 2020. This resolution shall take effect upon approval of the amendment by the Metropolitan Council. Adopted by the City Council December 15, 2003 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: December 25, 2003 St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 1 of 6 8e. Resolution to adopt Hennepin County Mutual Aid Agreement Resolution authorizing adoption of the Hennepin County Fire Chiefs Mutual Aid Agreement thereby allowing the Fire Department to give and receive aid throughout the County Recommended Action: Motion to approve Resolution authorizing the execution of the Hennepin County Chiefs Joint Cooperative Agreement for Use of Fire Personnel and Equipment. Background: Mutual aid has been a part of the fire service for over fifty years. We recognize that no one community has the resources necessary to handle every emergency that may arise and we must learn to help each other. Currently there are three separate mutual aid associations within the boundaries of Hennepin County. The Southwest, North Suburban and Lake Region. St. Louis Park belongs to the Southwest Association, the members of which primarily represent the south half of the County. If there were a major incident that affected the southern half of the county, including St. Louis Park, affected cities in all likelihood would not be able to send aid to each other. With no agreement between the other mutual aid organizations, valuable resources to the north could be accessed. As incidents become more complex, individual departments may find that they do not have the specialized training or equipment necessary to successfully handle them. The ability to call in specialized assistance in a timely fashion from a County wide system becomes essential. To be part of the countywide mutual aid system the City must approve by resolution the execution of a Joint Cooperative Agreement (see attached). Recommendation: Motion to adopt a resolution authorizing the execution of the Hennepin County Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment. Attachments: Resolution Joint Cooperative Agreement Prepared By: Luke L. Stemmer, Fire Chief Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 2 of 6 RESOLUTION NO. 03-185 RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of St. Louis Park is a member of the Hennepin County Chiefs Association; and WHEREAS, the Association has adopted an agreement for joint and cooperative use of fire personnel and equipment; and WHEREAS, THE City of St. Louis Park believes the effectiveness of fire protection within the City is improved by adopting this agreement; NOW, THEREFORE, BE IT RESOLVED by the St. Louis Park City Council that the Mayor and City Manager are hereby authorized to execute the Hennepin County Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, as exhibit A attached, on behalf of the City of St. Louis Park as a participating member. Reviewed for Administration Adopted by the City Council December 15, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 3 of 6 JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT HENNEPIN COUNTY CHIEFS ASSOCIATION August 14, 2003 I. Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. II. Definitions • "Party" means a political subdivision. • "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. • "Requesting Party" means a party that requests assistance from other parties. • "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting • "Responding Party" means a party that provides assistance to a Requesting Party. • "Assistance" means, fire and/or emergency medical services personnel and/or equipment. • "Specialized Activities" means non-emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. III. PARTIES The parties of this agreement shall consist of the Active and Affiliate members of the Hennepin County Chiefs Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to the Secretary of the Hennepin County Chiefs Association together with a certified copy of the resolution authorizing the agreement. The Secretary of the Hennepin County Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated responding official of each party of such change. St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 4 of 6 IV. Procedure Subd. 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Specialized activities of a non-emergency nature may be requested and/or provided by the Parties of this Agreement Subd. 2. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. Subd. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Subd. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the Minnesota Incident Management System (MIMS). The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. V. Workers' compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VI. Damage to equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VII. Liability St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 5 of 6 Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. VIII. Charges to the Requesting Party Subd. 1. A Responding Party to this agreement will levy no charges for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than eight (8) hours. The Requesting Party shall regardless to the length of time of the assistance, reimburse the Responding Party for supplies used. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2. Such charges are not contingent upon the availability of federal or state government funds. St. Louis Park City Council Agenda Item: 121503 - 8e - Fire Dept Mutual Aid Agmt Page 6 of 6 IX. Duration This agreement will be in force from the date of execution and notification of the Secretary of the Hennepin County Chiefs Association. Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date ____________________ Entity _____________________________ By _________________________________ Title ______________________________ Date ____________________ Entity______________________________ By _________________________________ Title ______________________________ St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 1 of 13 8f. The request of Parkside Urban Flats LLC and City of St. Louis Park for a conditional use permit for the excavation of over 400 cubic yards of soil for property located at 390 and 460 Ford Road The applicant is proposing to remove approximately 800 cubic yards of soil for the expansion of a pond in Shelard Park and removal of 4,200 cubic yards of soil to accommodate underground parking for a new condominium building at 460 Ford Road. Recommended Action: 1. Motion to adopt resolution approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 390 Ford Road subject to conditions in the resolution. 2. Motion to adopt resolution approving Conditional Use Permit for excavation of over 400 cubic yards of soil for property located at 460 Ford Road subject to conditions in the resolution Current Zoning: RC, Multi-Family Residential Comprehensive Plan Designation: High Density Residential Background: The applicant is proposing to construct a 70-unit condominium project at 460 Ford Road. This property was once part of the adjacent Bridgewalk Condominiums property, but was subdivided and sold for development. The actual project does not require a conditional use permit since apartments and condominiums are uses permitted with conditions in the RC-Zoning District. However, the zoning code does require that if over 400 cubic yards of soil are either added or removed from a site, a conditional use permit is required. This request is to remove 800 cubic yards of soil and expand the existing pond on the adjacent park property and to excavate 4,200 cubic yards of soil for an underground parking garage. The applicant held a public meeting on Monday, November 10 to explain the proposed project to neighboring residents. There were six persons in attendance from the neighborhood, five from the adjacent Bridgewalk condominiums and a sixth from a townhouse development across the park. The Bridgewalk residents tended to object to the project, but the townhouse resident stated he supported it. The Planning Commission held a public hearing for the project on November 19, 2003. After receiving comments and a petition from the public, the Planning Commission recommended approval of the project with conditions set forth in the staff report on a vote of 6-0. The conditions included identification of the drainage area that currently flows into the pond and existing overflows during storm events, sizing the pond so that the high water level is two feet below the lowest floor elevation of the proposed buildings, and a final landscape plan that addresses required tree replacement and pond bank restoration. These requirements have now been met and will be discussed below. Issues: St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 2 of 13 § Does the project require any additional approvals? § Could the project be designed with on-site ponding? § Are there city advantages to allowing storm water retention to occur on the adjacent Shelard Park? § Is the restoration of the Shelard Park pond adequate? § Does the additional storage capacity of the pond meet the current and projected needs of the area? § Is the revised landscape plan adequate? § 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 is the history of this project? Issue Analysis: § Does the project require any additional approvals? The proposed use, a 70-unit condominium building, is a use permitted with conditions in the RC zoning district. As such, the use must comply with all code requirements and conditions but does not require a public hearing or City Council approval. This CUP is for excavation only. The use will require watershed district approval and a NPDES permit. § Could the project be designed with on-site ponding? The applicant met with the City to present the current proposal for the 70-unit condominium project showing the storm water pond located on the 460 Ford Road property. However, due to the location of a 60 inch storm water main that cuts through the property restricting the site planning flexibility, the pond was shown with steep reinforced side walls with a fence surrounding it for safety. The original proposed pond location was very close to a trail leading into Shelard Park. Conversations with the applicant lead to a proposal to enlarge the existing pond in Shelard Park to accommodate the storm water generated from the site. § Are there city advantages to allowing storm water retention to occur on the adjacent Shelard Park? There are several areas of the City where storm water is retained on adjacent public property. The most recent, Park Commons (Excelsior & Grand), storm water for the entire Park Commons East project is accommodated on the adjacent Wolfe Park. The ponds that were developed in Wolfe Park serve as an amenity to the public. In this case, a pond already exists in Shelard Park and receives drainage from some of the adjacent properties. The pond has degraded over time, the banks overgrown with volunteer trees and buckthorn. This proposal would dredge the pond and expand its capacity and also restore the banks to a more natural state using native prairie and native trees and shrubs. The proposed St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 3 of 13 plan would enhance the aesthetic appeal of the pond as well as improving its function. The pond will handle the required storm water retention needs of the development and some overflow storm water problems on another site. The proposed grading and landscape plans are attached and will be discussed below. The alternative of on-site ponding would be less aesthetic, would not accomplish needed maintenance of the City’s pond, and would not solve the existing storm water issues of the nearby property. § Is the restoration of the Shelard Park pond adequate? A landscape plan that includes tree removal and replacement information is attached. The majority of existing trees to be removed, located along the perimeter of the pond, are to accommodate its expansion. The City’s Environmental Coordinator has found that most of the trees are not sound, in that they have split trunks or that they are not healthy in general. Tree replacement calculations are based upon the trees found to be in a healthy state. The new replacement trees being proposed will be planted around the expanded pond area on park property and meet the replacement requirements. A native prairie grass seed and plug mixture is proposed around the perimeter of the pond for prairie restoration. Aquatic plants are also proposed. The applicant has been working with the Environmental Coordinator to plan the pond bank restoration. The Environmental Coordinator has indicated that the prairie restoration plan must include both grasses and wild flowers and must include a mixture of 40% plugs and 60% seed. This requirement has been made a condition of approval in the proposed resolution. § Does the additional storage capacity meet the current and projected needs? The applicant is proposing to modify Shelard Pond for their storm water ponding requirements instead of providing on-site storm water ponding. This is advantageous to the City for the following reasons: 1. The alternative to provide an on-site pond would detract from the aesthetic appeal of the existing trail and the proposed development. It would also be located fairly close to a 60-inch storm sewer that is built on piling. There is a risk of damage to the storm sewer during construction or on-going maintenance of the pond in this location that can be avoided by enlarging the existing pond in Shelard Park. 2. The City’s pond is currently in need of dredging and re-landscaping. The proposal to use the City’s pond will help to restore the pond without expending City funds. 3. Enlarging and regrading the pond area will alleviate some flooding issues for a property north of the pond. The applicant proposes to excavate and enlarge the public pond and to re-landscape the pond area. The idea of private storm water flowing directly to Shelard Pond has been found to be desirable by Park & Recreation Dept. and Public Works. The engineer for the project has St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 4 of 13 defined the existing sub-drainage basin and has based the pond size on calculations formulated from this information. Public Works has reviewed these and found them to be adequate. The grading plan is attached. Public Works is requiring some modifications to the storm sewer pipe as it leaves the development site in order to decrease water velocity as it enters the pond. Those recommendations have been included in the conditions of approval. § What route is proposed to haul the fill? Trucks will use Ford Road to Shelard Parkway to TH 169 to access the site. § How long will the hauling take place and what will be the hours of operation? The developer has indicated that he expects to begin moving soil in March 2004. The City does have requirements in code that limit hours of operation to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 am and 10:00 p.m. on weekends and holidays if needed. Staff and the Planning Commission recommend requiring the hauling to be completed by 7:00 p.m. on weekdays, weekends and holidays and including this requirement in the development agreement and conditions of approval. (The mayor and city manager are authorized to sign the development agreement.) Ø How will dust be managed? The applicant will be required to water the site regularly in order to prevent dust. Recommendation: Staff and the Planning Commission recommend approval of the Conditional Use Permits to allow the excavation of approximately 5,000 cubic yards of soil from the locations indicated on the grading plan subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Exhibits A, Grading, Drainage and Erosion Control Plan, Exhibit B, Preliminary Utility Plan as modified below, Exhibit C, Landscape Plan as modified below & D, storm water calculations, such documents incorporated by reference herein. a. Exhibit B, Preliminary Utility Plan shall be modified as follows: 1. Place a backflow prevention device between the outlet of the pond and the City’s existing 42” storm sewer pipe. 2. Lower the invert elevations within the last manhole before the pond, in order to reduce the inlet velocity into the pond. 3. Minimize the slope of the last section of pipe before the pond to reduce inlet velocity into the pond. 4. Submerge the inlet to the pond 0.4’ (0.4’ below NWL) to reduce inlet velocity into the pond. St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 5 of 13 b. Exhibit C, Landscape Plan shall be modified to indicate that 40% of the prairie restoration grasses shall be plugs and 60% shall be seed. The prairie restoration plant materials shall include an appropriate mixture of grass and wild flowers and shall approved by the Environmental Coordinator. 2. Prior to issuance of an erosion control permit or starting any site work: a.) A watershed district and NPDES permit will be obtained by the applicant. b.) The applicant must submit details of how the existing 60” public storm pipe will be protected permanently and during construction and how the proposed sanitary service will be located in relation to the 60” storm pipe. c.) Due to the location and limited depth of the existing 60”storm pipe the pipe must be video scoped before and after construction and the applicant will be responsible for repairing any damage to the pipe. d.) A development agreement shall be executed which shall address, at a minimum, formalizing the developers’ ability to use the city land for ponding improvements and responsibilities for restoration of the park, pond and trail, including a financial guarantee, repair and cleaning of public streets, tree replacement, and relocation of the City street light and electric service. (The mayor and city manager are authorized to sign the development agreement.) e.) A permit for work in the right of way will be needed for the curb cut and utility connections. f.) The applicant must protect existing trees to be preserved and the public sidewalk during construction and rebuild any damage caused during construction. a.) The applicant is required to relocate a city street light and electrical service. The location and installation must be as approved by the city. 3. Prior to beginning any pond dredging maintenance, the applicant must comply with the following: a.) An erosion control permit must be obtained from the City. b.) Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. c.) Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. d.) Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 4.) Other requirements: a.) Haul routes shall be as follows: Ford Road to Shelard Parkway to TH 169. b.) The hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 am and 7:00 p.m. on weekends and holidays. c.) The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. d.) New trees and other vegetation shall be planted as soon as practical in accordance with the approved landscape plan. St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 6 of 13 e.) The trails on both sides of the pond shall be kept open for pedestrian movement during construction of the pond. f.) The developer shall pay an administrative fine of $750 per violation of any condition of this approval. Attachments: § Resolutions approving proposed Conditional Use Permits • Location Map (supplement) • Proposed Grading, Drainage, and Erosion Control Plan (supplement) • Proposed Preliminary Utility Plan (supplement) • Landscape Plan (supplement) • Other development plans for Parkside Urban Flats (supplement) Prepared by: Judie Erickson, Planning Coordinator 952-924-2574 jerickson@stlouispark.org Approved By: Tom Harmening, Interim City Manager St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 7 of 13 RESOLUTION NO. 03-186 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXECAVATION OF OVER 400 CUBIC YARDS OF SOIL TO ACCOMMODATE AN UNDERGROUND PARKING GARAGE FOR PROPERTY ZONED RC MULTI- FAMILY RESIDENTIAL DISTRICT LOCATED AT 460 FORD ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Ford Road Partners, LLC (Parkside Urban Homes, LLC, Robert Johnson) 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 excavation of over 400 cubic yards of soil to accommodate an underground parking garage within a RC Multi-Family Residential District located at 460 Ford Road for the legal description as follows, to-wit: That part of Lot 2, Block 5, Shelard Park, lying Westerly of a line drawn from a point on the Northerly line of said Lot distant 153.75 feet Easterly from the Northwesterly corner thereof, to a point on the curved Southeasterly line of said Lot, an arc distant of 72.47 feet Northeasterly from the most Southerly corner thereof, Hennepin County, Minnesota Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-69-CUP) and the effect of the proposed excavation 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 over 400 cubic yards of soil to accommodate an underground parking garage 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 fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File Case No. 03-69-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 8 of 13 The Conditional Use Permit to permit for the excavation of over 400 cubic yards of fill to accommodate an underground parking garage at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Exhibits A, Grading, Drainage and Erosion Control Plan, Exhibit B, Preliminary Utility Plan as modified below, Exhibit C, Landscape Plan as modified below & D, storm water calculations, such documents incorporated by reference herein. A. Exhibit B, Preliminary Utility Plan shall be modified as follows: 5. Place a backflow prevention device between the outlet of the pond and the City’s existing 42” storm sewer pipe. 6. Lower the invert elevations within the last manhole before the pond, in order to reduce the inlet velocity into the pond. 7. Minimize the slope of the last section of pipe before the pond to reduce inlet velocity into the pond. 8. Submerge the inlet to the pond 0.4’ (0.4’ below NWL) to reduce inlet velocity into the pond. B. Exhibit C, Landscape Plan shall be modified to indicate that 40% of the prairie restoration grasses shall be plugs and 60% shall be seed. The prairie restoration plant materials shall include an appropriate mixture of grass and wild flowers and shall approved by the Environmental Coordinator. 2. Prior to issuance of an erosion control permit or starting any site work: a.) A watershed district and NPDES permit will be required. b.) The applicant must submit details of how the existing 60” public storm pipe will be protected permanently and during construction and how the proposed sanitary service will be located in relation to the 60” storm pipe. c.) Due to the location and limited depth of the existing 60”storm pipe the pipe must be video scoped before and after construction and the applicant will be responsible for repairing any damage to the pipe. d.) A development agreement shall be executed which shall address, at a minimum, formalizing the developers’ ability to use the city land for ponding improvements and responsibilities for restoration of the park, pond and trail, including a financial guarantee, repair and cleaning of public streets, tree replacement, and relocation of the City street light and electric service. The Mayor and City Manager are authorized to execute the development agreement. e.) The applicant is required to relocate a city street light and electrical service. The location and installation must be as approved by the city. St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 9 of 13 f.) A permit for work in the right of way will be needed for the curb cut and utility connections. g.) The applicant must protect existing trees to be preserved and the public sidewalk during construction and rebuild any damage caused during construction. 3. Prior to beginning any pond dredging maintenance, the applicant must comply with the following: a.) An erosion control permit must be obtained from the City. b.) Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. c.) Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. d.) Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 3.) Other requirements: a.) Haul routes shall be as follows: Ford Road to Shelard Parkway to TH 169. b.) The hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 am and 7:00 p.m. on weekends and holidays. c.) The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. d.) New trees and other vegetation shall be planted as soon as practical in accordance with the approved landscape plan. e.) The trails on both sides of the pond shall be kept open for pedestrian movement during construction of the pond. f.) The developer shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of an erosion control permit or starting any site work. Approval of the erosion control permit may impose additional requirements. 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 December 15, 2003 St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 10 of 13 City Manager Mayor Attest: City Clerk res/ord:03-69-CUP 460 Fd Rd St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 11 of 13 RESOLUTION NO. 03-186 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF SOIL FOR THE EXPANSION OF A POND FOR PROPERTY ZONED RC MULTI-FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD 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 excavation of over 400 cubic yards of soil for the expansion of a pond within a RC Multi-Family Residential District located at 390 Ford Road 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) Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-69-CUP) and the effect of the proposed excavation 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 over 400 cubic yards of soil for the expansion of a pond 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 12 of 13 4. The Planning Commission and City Council have determined that the expansion of the pond will benefit other properties in the area and will result in a reconstruction and improvement to the pond bank and the park. 5. The contents of Planning Case File 03-69-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 the excavation of over 400 cubic yards of soil for the expansion of a pond at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Exhibits A, Grading, Drainage and Erosion Control Plan, Exhibit B, Preliminary Utility Plan as modified below, Exhibit C, Landscape Plan as modified below & D, storm water calculations, such documents incorporated by reference herein. A. Exhibit B, Preliminary Utility Plan shall be modified as follows: 1. Place a backflow prevention device between the outlet of the pond and the City’s existing 42” storm sewer pipe. 2. Lower the invert elevations within the last manhole before the pond, in order to reduce the inlet velocity into the pond. 3. Minimize the slope of the last section of pipe before the pond to reduce inlet velocity into the pond. 4. Submerge the inlet to the pond 0.4’ (0.4’ below NWL) to reduce inlet velocity into the pond. B. Exhibit C, Landscape Plan shall be modified to indicate that 40% of the prairie restoration grasses shall be plugs and 60% shall be seed. The prairie restoration plant materials shall include an appropriate mixture of grass and wild flowers and shall beapproved by the Environmental Coordinator. 2. Prior to issuance of an erosion control permit or starting site work: a.) A Bassett Creek Watershed District permit and NPDES permit shall be obtained by the applicant. b.) The applicant for property at 460 Ford Road must submit details of how the existing 60” public storm pipe will be protected permanently and during excavation and construction. c.) Due to the location and limited depth of the existing 60”storm pipe the pipe must be video scoped before and after construction and the applicant will be responsible for repairing any damage to the pipe. d.) A development agreement shall be executed that addresses at a minimum formalizing the 460 Ford Road developer’s ability to use the city park land for ponding improvements and responsibilities for restoration of the park, pond and trail, including a financial guarantee, repair and cleaning of public streets, tree replacement, and relocation of the City street light St. Louis Park City Council Agenda Item: 121503 - 8f - CUP for Ford Rd. Soil Excavation Page 13 of 13 and electric service. The Mayor and City Manager are authorized to execute the development agreement. e.) A permit for work in the right of way is required for the curb cut and utility connections. f.) The applicant for property at 460 Ford Road must protect existing trees to be preserved and the public sidewalk and trail during construction and rebuild any damage caused during construction. g.) The applicant for property at 460 Ford Road is required to relocate a city street light and electrical serivde. The location and installation must be as approved by the city. 3. Prior to beginning any pond dredging or maintenance, the 460 Ford Road developer must comply with the following: a.) An erosion control permit must be obtained from the City. b.) Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. c.) Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. d.) Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 4. Other requirements: a.) Haul routes shall be as follows: Ford Road to Shelard Parkway to TH 169. b.) The hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 am and 7:00 p.m. on weekends and holidays. c.) The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. d.) New trees and other vegetation shall be planted as soon as practical in accordance with the approved landscape plan. e.) The trails on both sides of the pond shall be kept open for pedestrian movement during construction of the pond. f.) The 460 Ford Road developer shall pay an administrative fine of $750 per violation of any condition of this approval. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of an erosion control permit or starting any 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. (Signature Block) 03-69-CUP 390 Fd Rd