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Home My WebLink About2002/01/07 - ADMIN - Agenda Packets - City Council - Regular 1 AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 7, 2001 7:30 p.m. 7:25 p.m. - Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Judge Oleisky to swear in Susan Sanger, Chris Nelson, Sue Santa and Sally Velick b. Human Rights Award 3. Approval of Minutes a. City Council Minutes of December 17, 2001 b. Study Session Minutes of December 10, 2001 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Items 2 1. Motion to approve 2002 City Council meeting dates 2. Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2002 3. Traffic Study No. 560: Motion to adopt a resolution authorizing restricting parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west 4. Motion to accept the following reports for filing: a. Board of Zoning Appeals Minutes of October 4, 2001 b. Planning Comission Minutes of December 5, 2001 Action: Motion to approve Consent Items 5. Public Hearings 6. Requests, Petitions, and Communications from the Public 7. Resolutions, Ordinances, Motions 7a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem 7b. Request by CSM/Rottlund for a major amendment to the approved Planned Unit Development for Pointe West Commons to allow additional occupancy prior to roadway and signal improvements. Northwest quadrant of 16th Street and Zarthan Avenue Case No. 01-57-PUD Recommended Action: Motion to adopt a resolution approving a major amendment to the Pointe West Commons PUD to allow occupancy of up to four buildings (66 units) prior to completion of roadway improvements and subject to the conditions included in the resolution. 8. Boards and Committees 8a. Term ending reappointments for boards and commissions Recommended Motion to reappoint Paul Roberts, Ashley Tomoson, Dennis 3 Action: Morris, Michael Garelick, Rick Dworsky, Ken Hurias, and Dale Hartman to their respective boards and commissions. 8b. Appointment of Commissioners to the Bassett Creek Watershed Management Commission Recommended Action: Motion to adopt the attached resolution appointing Ken Gothberg, Commissioner and Sally Velick, Alternate Commissioner to the Bassett Creek Watershed Management Commission 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. 4 City of St. Louis Park City Council Agenda Item # 2b Meeting of January 7, 2002 2b. Presentation, Annual Human Rights Award 2001 recipients are: • Arc Hennepin-Carver, Inc. • Nancy Soucier • Sabina S. Zimering, M.D • Linda Trummer 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 among 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. Four recipients were chosen for 2001 due to their broad range of contributions in different areas of community life. 2001 Award Recipients: Arc Hennepin-Carver, Inc. Arc of Hennepin-Carver Counties provides one-to-one advocacy and support to St. Louis Park residents with mental retardation and related disabilities. With Arc’s help, individuals and families in St. Louis Park have secured greater opportunities in education, housing, employment and recreation. Their Home Choice program recently helped a married couple, both with developmental disabilities, purchase a home in St. Louis Park. Through Arc’s outstanding work in our community, people with disabilities are better able to enjoy their civil and human rights as citizens. Nancy Soucier Nancy is an ELL (English Language Learner) teacher at Aquila Primary Center in St. Louis Park. Her work extends far beyond teaching basic skills. Nancy teaches diversity understanding to other professionals. She helps immigrant parents learn about and participate in their new community. She teaches all children that learning English does not mean losing respect for their native language and culture. Her work contributes to a welcoming and respectful community by building bridges between people of different backgrounds. 5 Sabina S. Zimering, M.D. Dr. Sabina Zimering, who was a Jewish teenager in Poland when the holocaust began, survived by pretending to be catholic. Dr. Zimering shares her story with our community in her recent book, Hiding in the Open: A Holocaust Memoir, and through volunteering to speak at St. Louis Park’s secular and religious schools. Her message reminds young people and adults of the terrible effects of intolerance. Our community is fortunate to have such a gifted storyteller among us, someone who teaches the value of understanding between people of different religious backgrounds. Linda Trummer Linda Trummer is a strong advocate for Human Rights in the Meadowbrook Neighborhood of St. Louis Park. She helps residents get medical help, find jobs, stay in their homes, and report unfair practices to the appropriate authorities. She has fostered community connections between neighborhood residents and the school district, Methodist Hospital, Police Department, Parks and Recreation Department, and local faith communities. She is described by others as someone who finds solutions with “no meetings required” and as someone who treats others fairly regardless of their economic, educational or social status. She is considered by community leaders to be an outstanding role model for justice and fair treatment for all. Prepared by: Martha McDonell, Community Outreach Coordinator & Human Rights Commission Staff Liaison 6 Item # 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 17, 2001 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Finance Director (Ms. McGann); Community Development Director (Mr. Harmening); Planning Coordinator (Ms. Erickson); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Farewell to Robert Young, departing Ward 4 Councilmember Ward Four Councilmember since 1994, Robert Young was recognized for his service to the City of St. Louis Park. He served on the Board of Zoning Appeals from September 1991 to January 1994. Former St. Louis Park Mayors, Ms. Gail Dorfman and Mr. Lyle Hanks thanked Councilmember Young for his work. 3. Approval of Minutes 3a. City Council Minutes of December 3, 2001 The minutes were approved as presented. 3b. Study Session Minutes of November 26, 2001 The minutes were approved as presented with the following changes requested by Councilmember Latz: Page 10, Item 1, Paragraph 4, Councilmember Latz would like to have the following sentence added: Councilmember Latz remarked that most of the projections made regarding experiences of start-up lines (for commuter rails) were eventually met or exceeded by the commuter rails; the problem with the proposed Dan Patch line are the low projections 7 Page 11, Item 2, Paragraph 3, add the following: Councilmember Latz asked if there would be a playground at the proposed apartment complex. He shared the same concerns Councilmember Santa raised. Page 11, Item 2, Paragraph 8, the sentence should continue to read: i.e., to maintain the balance in St. Louis Park in light of the recent addition of market rate housing and, specifically, Park Commons. 4. Approval of Agenda and Consent Items NOTE: Consent items are 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. Approval of Agenda City Manager, Mr. Meyer, said Staff has a recommendation to add Item 7e, Subordination Agreement—Park Commons East; it is the complement of Item 7c from tonight’s EDA meeting, and Item 7c was unanimously approved by the EDA. Councilmember Latz requested Items 5, 6, and 8 be moved from the Consent Agenda to the Regular Agenda. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to add Item 7e and move Items 5, 6, and 8 to the Regular Agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the following Consent Agenda Items with respect to the deletion of Items 5, 6, and 8. The motion passed 7-0. 1. Accept report stating there will be no increase in any of the four enterprise funds for 2002. 2. Adopt Ordinance No. 2216-01 adopting the 2002 Code of Ordinances for the City of St. Louis Park (2nd reading), approve the summary and authorize its publication. 3. Adopt Resolution No. 01-151 approving a Minor Amendment to the Knollwood Mall Planned Unit Development (PUD) to allow façade changes and two additional entrances at 8332 State Highway 7. 8 4. Adopt Resolution No. 01-152 authorizing execution of a contract with ENSR Consulting and Engineering for consultant activities related to the implementation of the Reilly Tar & Chemical Corporation Remedial Action Plan in 2002. 5. Adopt Resolution No. 01-154 authorizing installation of permit parking in front of 2900 Blackstone Avenue South. Traffic Study No. 559: 6. Motion to accept the following reports for filing: a. Charter Commission Minutes of September 12, 2001 b. Planning Commission Minutes of November 21, 2001 c. Vendor Claims 7. Police Uniform Contract. Motion to authorize the Mayor and City Manager to execute a contract with Uniforms Unlimited for police uniforms for a two-year period from January 1, 2002, through December 31, 2003. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the following Consent Agenda Items with respect to the deletion of Items 5, 6, and 8. The motion passed 7-0. 5. Public Hearings 5a. Public Hearing and Second Reading of Sale of City Owned Property at 3900 Meadowbrook Road Case 00-42-RE. Ordinance No. 2217-01 Judie Erickson, Planning Coordinator, said the City owned property at 3900 Meadowbrook Road was purchased in 1967 for park purposes, however, the property is listed as industrial land in the Comprehensive Plan. The City now has an appraisal and a signed purchase agreement from an abutting property owner. Councilmember Nelson asked the City Attorney, Mr. Scott, this question: The application is from Wellington Window and Door Company, the ordinance and the appraisal names that entity but the purchase agreement names an entity called Meadowford LLC, will the names on the documents agree when the property is sold? Mr. Scott responded, yes. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve Ordinance No. 2217-01 to sell City owned property at 3900 Meadowbrook Road, approve summary publication and authorize its publication. The motion passed 7-0. 6. Requests, Petitions, and Communications from the Public --None 7. Resolutions, Ordinances, Motions 9 7a. Resolution Authorizing Renewal of Gambling Premises Permit for VFW Post 5632 operating at 5605 West 36th Street. Resolution No. 01-144 City Manager, Mr. Meyer, said the VFW has made its application for a gambling premises permit and all is in order. It was moved by Councilmember Latz, seconded by Councilmember Sanger, to approve Resolution No. 01-144 authorizing renewal Gambling Premises Permit for VFW Post 5632 operating at 5605 West 36th Street. The motion passed 6-1. (Councilmember Nelson opposed). 7b. Amendment to Resolutions Regarding the Issuance of Building Permits Prior to the Park Commons East Plat being Recorded. Resolution No.’s 01-145 and 01-146 Tom Harmening, Community Development Director, said TOLD would like to continue construction on Park Commons East. The Council is being asked to amend Resolution Numbers 01-090 and 01-091 to allow concrete work and additional building construction to occur prior to the Park Commons East plat being recorded. Mr. Harmening noted that in preparing the agenda electronically, there were some formatting errors in the Resolution on pages 30, 31, and 32, however, the errors have been corrected and they do not affect the Resolution’s language. It was moved by Councilmember Nelson, seconded by Councilmember Latz, to adopt Resolution No. 01-145 amending Resolution No. 01-090 approving a Final Plat for Park Commons East, and Resolution No. 01-146 amending Resolution 01-091 approving a Final Planned Unit Development for Park Commons East, regarding issuance of building permits prior to the Park Commons East plat being recorded. The motion passed 7-0. (Note: Item 7c was discussed prior to Item 7b) 7c. Adopt 2002 Budget, 2001 Revised Budget, 2002 Property Tax Levy, HRA Levy and 2000 Fund Balance Allocations. Resolution No.’s 01-147, 01-148, 01-149 Jean McGann, Finance Director, said the overall 2002 budget shows a property tax levy increase of 8%, and overall expenses show a total increase of approximately 6%. The local levy increase is $881,000, with other revenue increases of $163,000. The expenses responsible for the increase are primarily maintenance and services. The general wage increase is approximately $441,000, and the market adjustment for wages is about $169,000. Benefits reflect a 16% rise, which amounts to $223,000; utility increases are 23%, which amounts to $114,000; and inflationary and miscellaneous increases are $61,000. No rate increases are proposed for the four enterprise funds for 2002, which are maintained by the City. Ms. McGann continued: The total levy amount is $433,371. In regard to the 10 2000 Fund Balance Allocation, Staff recommends transferring $200,000 to the Park Improvement Fund, $200,000 to the Technology Replacement Fund, and $100,000 to the Municipal Building Fund. City Manager, Mr. Meyer, commented on a report by the Minnesota Citizen’s League published in the Star Tribune this week. The report stated St. Louis Park ranked 24th out of 109 communities for overall taxing effort, i.e., 24th highest. Mr. Meyer clarified St. Louis Park’s taxing effort is actually 66 out of 109. The 109 communities represent a wide variance. Mr. Meyer asked two state legislators to address the legislative changes and their impacts. State Senator Steve Kelley and State Senate Representative Jim Rhodes spoke. According to Senator Kelley, Governor Ventura was seeking accountability and wanted to separate property tax decisions from what was going on in the school districts so that no longer could a school district claim it levied X amount because the State told it to. Councilmember Nelson spoke saying the current model for local government aid (LGA) is flawed and should be eliminated—completely. He said St. Louis Park does not receive what it pays out. Senator Kelley said some cities lack the tax capacity to match their legitimate city needs, therefore, local government aid has a legitimate role to play, but fairness in terms of a city’s need versus its tax capacity is a complicated matter. Senator Kelley added the actions of the last legislative session severely imbalanced LGA. Mr. William Magdziarz-Rainey, 8610 West 34th Street, thanked the Mayor, Council, and City Manager for answering his questions regarding the City’s budget and property taxes. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve Resolution No. 01-147 approving 2001 Tax Levy, adopting 2002 Budget, and Revised 2001 Budget, to approve Resolution No. 01-148 authorizing HRA Levy for 2002, and to approve Resolution No. 01-149 authorizing transfer form the General Fund to the Park Improvement Fund, Technology Replacement Fund the Municipal Building Fund. The motion passed 7-0. 7d. Preliminary approval for issuance of revenue bonds for the benefit of West Suburban Housing Partners. Resolution No. 01-150 Jean McGann, Finance Director, stated West Suburban Housing Partners (“WSHP”) is requesting the City to issue up to $9,000,000 in private activity revenue bonds to fund the construction of an 88-unit apartment building. Councilmember Sanger commented about her concerns regarding the proposed plan for the apartments. She said a concentration of 40% of lower income housing units in one building represents a high density. She said it would be far more productive to disperse such housing throughout the community. Councilmember Sanger will not support the application as long as the concentration is so high. She said Park Commons is an example of such dispersement. 11 Mr. Todd Urness, principal with West Suburban Housing Partners, agreed with Councilmember Sanger. He said WSHP, however, believes that it can be effectively done at 40%, which is approximately 36 units; WSHP said it would work incrementally differently but a 20% set aside is also viable. Councilmember Sanger would be comfortable with a 20% set aside. Councilmember Latz said the set aside for Park Common’s affordable housing is 3%. Councilmember Latz said the 40% set aside for an 88-unit apartment building is acceptable as long as the affordable units are not segregated on one floor or one wing of the building. He believes the City has a duty to add affordable housing back into the mix of what has been newly developed in St. Louis Park. Councilmember Latz asked if a supermajority is necessary for this type of vote or if a simple majority--4 of 7-- sufficient for passage. Mr. Steven Bubul from Kennedy and Graven, EDA legal counsel, said his opinion is that the City Charter provides a supermajority for certain types of bonds, however, in this case, the bonds are revenue bonds issued under a different provision and a supermajority limitation does not apply. Mr. Bubul said the action before the Council is to give preliminary approval on the issuance of bonds, which essentially allows the filing of an application with the State for allocation authority to issue the bonds sometime next year. He continued, the Council could probably add any condition it wants, however, if Council approves the bonds, the borrower will put up a certain amount of money as a deposit for the allocation, which is 1% of the total bond issue; the WSHP proposal is $9,000,000, and 1% equals $90,000. The Resolution makes it clear the City has no obligation to actually approve and issue the bonds later, but there is a certain amount of expectation that there will be some movement forward. Mr. Bubul stated it would be appropriate for Council to attach conditions. Councilmember Nelson believed a GO bond approval required six votes of the Council. Councilmember Nelson also stated: The preliminary approval requires a majority vote regardless of its issue but the final approval may be a different matter. Councilmember Nelson has a great deal of difficulty with the 40% set aside and he is not sure he would approve a 20% set aside. After having visited some mixed housing sites, with a mix as high as 50%/50% affordable housing/market rate housing, in Atlanta a few weeks ago, Councilmember Brimeyer is not bothered by a 40% set aside. Councilmember Santa is agreeable to a 40% set aside but she would like to know how this property will be managed. Mr. Urness said the appropriate name for the WEHP housing is referred to as workforce housing, and income limits are typically $36,000-40,000 for a family of four on the 40% set aside. He said WSHP owns the property and must pay the bonds back, so WSHP’s interest is as a long-term owner. WSHP requires tenant background checks. Councilmember asked if neighbors have raised any concerns, and Mr. Urness replied neighbors welcome the apartment tenants. 12 Mayor Jacobs said he would be more comfortable with a 20% set aside. Councilmember Brimeyer asked, Why does the Council have any right to tell the developer or the community what a set aside percentage should be? Mayor Jacobs responded because the WSHP is requesting the City to issue up to $9,000,000 in private activity revenue bonds to fund the construction of the apartment building, he believes the City is entitled to make such a decision. Mayor Jacobs wants to make it clear, this project is not a fully-subsidized project. Mayor Jacobs asked how often the incomes of tenants are reviewed, and Mr. Urness said it would be done annually or as leases are renewed. Mr. Urness said the income profile changes as a function of the percentage of set aside units change, e.g., 20% versus 40%. Mr. Urness said in market rate housing, by default, 20%, 30%, or 40% of renters will otherwise satisfy the definitions set for workforce housing. Councilmember Sanger pointed out the set aside figures cited are not St. Louis Park requirements but are for applicants who wish to pursue other forms of tax subsidies. Councilmember Sanger said it is not appropriate for the Council to set a percentage. She said the Council should ask: What policy should be set or aspired to in this community. It was moved by Councilmember Santa, seconded by Councilmember Latz, to approve Resolution No. 01-150 preliminary approval for issuance of a Private Activity Revenue Bond not exceeding $9,000,000. The motion passed 5-1-1 (Councilmember Sanger opposed, Councilmember Nelson abstained). 7e. Subordination Agreement—Park Commons East It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Subordination Agreement between Glaser Financial Group, Inc., the City of St. Louis Park, and the St. Louis Park Economic Development Authority relative to the Excelsior and Grand/Park Commons East Project. The motion passed 7-0. 7f. To approve a Grant Agreement between the Hennepin County Department of Environmental Services and the City of St. Louis Park. Resolution No. 01-153 Councilmember Latz said the purpose of the Grant Agreement, which would mainly utilize County money and some City Staff time, is to create educational videos for St. Louis Park residents on how to reduce waste and improve recycling. It was moved by Councilmember Latz, seconded by Councilmember Santa, to adopt Resolution No. 01-153 approving a Grant Agreement between the Hennepin County Department of Environmental Services and the City of St. Louis Park. The motion passed 7-0. 13 7g. To 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 2002. Councilmember Latz said attempts are being made to reduce the ongoing monitoring costs of the former Reilly Tar site. He stated, thanks to improved water technologies and Staff’s efforts, the annual cost has fallen by $110,000. It was moved by Councilmember Latz, seconded by Councilmember Sanger, to 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 2002. The motion passed 7-0. 7h. Traffic Study No. 560: Adopting a resolution authorizing restricting parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west. Councilmember Latz said he frequently sees semi trucks parked along the south side of Wayzata Blvd from Pennsylvania Avenue to a point 75 feet west, and the truck drivers are stopped at that location to patronize Ember’s restaurant. Councilmember Latz would like to know if Ember’s was contacted for their input regarding restricted parking, and what are alternative parking options for the trucks? Councilmember Young said the owner of a nearby office building contacted him, and the owner stated his concerns regarding traffic safety. Councilmember Young thinks the parking restriction will meet the needs of Ember’s, the truck drivers, and building owner. Councilmember Young moved approval of Traffic Study 560, seconded by Councilmember Brimeyer. Councilmember Latz firmly believes Ember’s should be consulted, as Ember’s is the principal beneficiary of the parking. Councilmember Sanger asked what the parking restriction is in regard to a bus stop. Councilmember Young said there is no signage to indicate parking restrictions next to a bus stop. Councilmember Young said this is not an urgent matter, and he would like to withdraw the motion, and the second, until Council has had an opportunity to find out if Ember’s has been notified and, if not, provide notice to them. Councilmember Latz moved to table the motion to the first regular Council meeting in January with a proviso that the owner of Ember’s will be notified, given an opportunity to comment, and any response can be included in a Staff report to go on the next Consent Agenda, seconded by Councilmember Sanger. Councilmember Nelson recommended Councilmembers notify the City Manager in advance of moving items from the Consent Agenda to the Regular Agenda so that appropriate Staff will be present to answer questions. The motion passed 7-0. 14 8. Boards and Committees--None 9. Communications From the City Manager—Mr. Meyer said the Reilly site acknowledgement from Councilmember Latz is appreciated. He said City and Staff continue to work on reducing the costs of remediation at the Reilly site. From the Mayor—Mayor Jacobs wished everyone happy holidays and a prosperous and happy new year. 11. Adjournment Mayor Jacobs adjourned the meeting at 9:16 p.m. City Clerk Mayor 15 Item # 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION December 10, 2001 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), City Attorney (Mr. Scott), Director of Community Development (Mr. Harmening), Director of Inspections (Mr. Hoffman), Environmental Health Official (Mr. Camilon), and City Clerk (Ms. Reichert). 1. Escrow Requirement for Property Maintenance Certificate Program Council and staff discussed the city’s requirements regarding escrow at point of sale to ensure property to brought up to current property maintenance standards. Because the council recently adopted a property maintenance code, the amount of escrow that the city will be holding may increase. Discussion ensued on whether the city or a third party should hold the escrow. They also discussed an alternative program where the city could enter into an agreement with the property owner to ensure that code violations were remediated within a reasonable period of time. If the maintenance did not occur as agreed upon, the city could use the court process to ensure compliance as it does with code violations that do not occur at the time of sale. Council asked staff to bring back more information so that it could be clarified how escrow is held and by whom. Council also asked staff to draft a sample agreement that could be used should the alternative program be deemed best for achieving the same results. Mayor Jacobs was concerned that if the current system of requiring escrow was continued, that staff would be put into the position of setting escrow amounts. Mr. Scott stated that he would work on a program for setting escrow amounts and bring back to Council at a later date. 2. Public Art/Design Enhancements – Excelsior and Grand/Park Commons East Mr. Harmening stated that after working with Jack Becker and several artists, a proposed public art package, funding responsibilities, and related budget have been developed. Andrea Myklebust is an artist that will be working on a potential major art piece to be located at the intersection of Park Commons Drive and Grand Way. Ms. Myklebust explained the origin of her proposed concept for the sculpture. Mayor Jacobs felt the Children First theme should be incorporated into art on the project site. Council also discussed the involvement of Friends of the Arts, and public art in other communities. 16 Council directed staff to move forward and prepare a contract to commission the artwork. Council discussed ideas for other art in the area and how it will tie in to what they are already planning. Mr. Harmening gave a brief update on the construction schedule for Park Commons. 3. Wolfe Park Amphitheater Design Update Damon Farber explained the functionality of the site as well as the details of the lights, structure, and sound. Council discussed various programming options for the amphitheater such as renting the space to performance groups, using the city’s own programs, and renting to any others who would be interested in renting the space. Council agreed that the space is a versatile design and other options can be added later on. 4. Excelsior Boulevard Bridge – Fascia and Railing Design Ms. Hagen explained that MNDot will provide the basic structure on the Excelsior Blvd. bridge but any aesthetic improvements will have to be funded by the city. Council discussed improving the bridges all along Highway 100. They agreed that aesthetic improvements to the bridges would be a good idea. Ms. Hagen stated that she would return at a later meeting with a budget for the project. 5. Communications Mr. Meyer spoke on the topic of the budget hearing. Councilmember Brimeyer stated that based on his experience at a recent national convention, St. Louis Park is doing extremely well with neighborhood groups and citizen involvement and is far ahead in this area of where other cities in the country are. 6. Adjournment The meeting was adjourned at 10:23 p.m. City Clerk Mayor 17 City of St. Louis Park City Council Agenda Item # 7a Meeting of January 7, 2002 7a. Election of Mayor Pro-tem State Statute section 412.121 requires that Council choose each year an acting Mayor from the Council members. Recommended Action: Motion to adopt resolution appointing a Mayor Pro-tem Background: Minnesota State Statute section 412.121 states that at the first meeting of each year the Council shall choose an acting Mayor from the Council members. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Attachments: Resolution Prepared by: Kim Olson, Admin. Secretary Approved by: Charles W. Meyer, City Manager 18 RESOLUTION NO. 02-001 A RESOLUTION APPOINTING TO THE OFFICE OF MAYOR PRO-TEM FOR THE YEAR 2002 WHEREAS, Minnesota State Statute Section 412.121 requires cities to choose each year an acting Mayor from the Council members; and WHEREAS, the acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City or, in case of vacancy in the office of Mayor until a successor has been appointed and qualifies; and WHEREAS, the Council has carefully reviewed the qualifications of all Council members and has considered the desires of the residents and the welfare of the City as a whole, NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that Ron Latz is hereby appointed Mayor Pro-tem of the City of St. Louis Park and shall serve in that capacity until a duly elected successor assumes the office at the first regular City Council meeting of the year 2003. Reviewed for Administration: Adopted by the City Council January 7, 2002 City Manager Mayor Attest: City Clerk 19 City of St. Louis Park City Council Agenda Item # 7b Meeting of January 7, 2002 7b. Request by CSM/Rottlund for a major amendment to the approved Planned Unit Development for Pointe West Commons to allow additional occupancy prior to roadway and signal improvements. Northwest quadrant of 16th Street and Zarthan Avenue Case No. 01-57-PUD Recommended Action: Motion to adopt a resolution approving a major amendment to the Pointe West Commons PUD to allow occupancy of up to four buildings (66 units) prior to completion of roadway improvements and subject to the conditions included in the resolution. Zoning: O, Office and R-4, Multiple Family Residential Comprehensive Plan Designation: Office, Medium Density Residential, Park Background: On June 19, 2000 the City Council approved a final PUD and final plat for Pointe West Commons One and Two for development of 233 hotel units, 84 townhomes, and a one acre neighborhood park. One of the conditions of approval required the realignment of Zarthan Avenue and installation of a traffic signal at Zarthan and the eastern portion of 16th Street prior to occupancy of the townhomes. On September 18, 2000, the City Council approved an amendment to the PUD, which allowed occupancy of a maximum of three 16-unit townhome buildings prior to the completion of the Zarthan Avenue realignment and the traffic signal becoming operational. Residents’ access to the townhomes was to be via 16th Street until the realignment occurred, unless flag people directed traffic on Zarthan Avenue. The traffic improvements being installed by the City were originally anticipated to be complete by September 2001. However, due to delays in completing utility work beyond the developer’s control, the traffic improvements will not be complete until approximately the end of June, 2002. On August 20, 2001, the City Council approved an amendment to the PUD to allow an additional two units on the townhome building that is closest to the intersection of 16th and Zarthan. The condition preventing occupancy of more than 48 units prior to completion of the traffic improvements was retained. The requirement for residents to access the site from 16th Street until the improvements are complete was also retained. However, due in part to enforcement problems with construction vehicles using the 16th Street entrance, the developer closed the entrance during much of the construction. Both construction vehicles and residents have been 20 using the Zarthan Avenue entrance to the site. The developer would like to continue this practice until the fourth building is constructed on the west end of 16th Street near the new park. The developer is currently requesting a PUD amendment to allow all 86 townhomes to be occupied prior to completion of the roadway improvements. However, the developer has agreed that unless there are significant further delays with the traffic improvements, it is unlikely that they will be ready to occupy the final building until after the improvements are complete. Due to greater off-site impacts, staff deemed the request a major amendment, which required a public hearing. On December 5, 2001, the Planning Commission held a public hearing. No residents attended to speak. The Planning Commission recommended approval of the major amendment on a vote of 4-0 subject to the conditions recommended by staff. Those conditions have been included in the attached resolution. Issues: • Should residents still be required to use 16th until the traffic improvements are complete? • What is the anticipated effect of the request for additional occupancy permits on the residential neighborhood? • How will construction of public and private improvements be coordinated? Issues Analysis: Should residents still be required to use 16th until the traffic improvements are complete? The initial reason for requiring residents to use the 16th Street entrance was staff’s concern that the Zarthan entrance is too close to the intersection of Zarthan and the eastern portion of 16th Street. This is still a concern, particularly as the area becomes busier with full occupancy of the 86 townhomes. However, there is also a concern with unnecessary traffic cutting through the single-family neighborhood south of 16th Street. Forcing all of the residents to use the 16th Street entrance until traffic improvements are complete will certainly exacerbate this situation. As a means of limiting impacts on the single-family residents, there is a prohibition against most construction traffic using 16th Street (some construction vehicles will need to use 16th to complete improvements to the street, sidewalk and nearby building facades). If the 16th Street entrance is open for residents, it is difficult to enforce the prohibition on construction vehicles, since some individual drivers ignore the signs. The developer has indicated that they have no safety concerns with their residents using the Zarthan entrance under the existing conditions, and they would like to continue doing so as they fully occupy the first three buildings (48 units). Currently, 11 units are occupied and using 21 Zarthan exclusively. Since it seems to be working and helps eliminate some enforcement problems, staff concurs with this solution. The developer will probably want to open the 16th Street entrance to residents when the fourth building is complete. That would add an additional 18 units (66 total), potentially before the traffic improvements are complete. Therefore, staff concurs with allowing the 16th Street entrance to open when the fourth building is complete, assuming it does not interfere with completion of traffic improvements. It should be noted that some temporary changes may be necessary during construction of the traffic improvements. For example, it may be necessary to close the Zarthan entrance for a short time and allow use of the 16th Street entrance exclusively. Since this would create greater impacts on the single-family residents, it would be limited as much as possible. What is the anticipated effect of the request for additional occupancy permits on the residential neighborhood? As noted, the previously approved conditions required all townhome residents (up to 48 units) to use 16th Street until the traffic improvements are complete. If this requirement is removed as proposed, the traffic impacts on the single-family neighborhood should be substantially less. The first 48 units would use Zarthan exclusively. Those townhome residents would not be cutting through the single-family neighborhood. Once the fourth building is open, residents of the 66 townhomes would have the option of using either Zarthan or 16th. The traffic study anticipated about a 50/50 split in use of the two entrances. Therefore, up to 33 units may use 16th Street. This is still less than what is allowed under the current approval. As noted, there may be short-term greater impacts if the Zarthan entrance needs to be closed temporarily during reconstruction. However, this would be minimized as much as possible. There is one other potential advantage of allowing greater occupancy prior to completion of the roadway improvements. The advantage is a shortening of the construction time. Rottlund has no incentive to complete construction of units that they cannot occupy. The on-going construction certainly has negative impacts on the single-family neighborhood. Therefore, the residents may recognize some advantage to allowing a quicker completion. How will construction of public and private improvements be coordinated? Construction of the last two townhome buildings will require careful coordination with construction of public improvements. The fourth and fifth townhomes are both situated very close to 16th Street, which will be widened to the north and a public sidewalk installed. The fifth townhome near the intersection of 16th and Zarthan will also be impacted by the realignment of Zarthan. Therefore, Public Works staff have recommended including a condition requiring coordination of the two projects. 22 Recommendation: Staff and the Planning Commission ecommend approval of a major amendment to the Pointe West Commons PUD to allow greater occupancy prior to completion of traffic improvements subject to the conditions inlcuded in the attached resolution. Attachment: • Proposed Resolution of Approval Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By: Charles W. Meyer, City Manager 23 RESOLUTION NO. ______ Amends and Restates Resolutions 00-060, 00-075, 00-118, 01-015, and 01-079 A RESOLUTION AMENDING RESOLUTION 01-079 APPROVED ON AUGUST 20, 2001 APPROVING FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “O” OFFICE AND R-4 MILTIPLE FAMILY RESIDENTIAL LOCATED AT NORTHWEST QUADRANT OF WEST 16TH STREET & ZARTHAN AVENUE AND FINAL PLAT – POINTE WEST COMMONS ONE AND TWO WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat on May 1, 2000 Resolution No. 00-060; and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Pointe West Commons One and Two was received on May 22, 2000 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Plat at its meeting of June 7, 2000, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Plat on a 4-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-075 on June 19, 2000 approving the Final PUD and Final Plat – Pointe West Commons One and Two, and WHEREAS, on August 7, 2000 an application was received for an amendment to the preliminary and final plat for Pointe West Commons One and Two and a major amendment to the approved Planned Unit Development, and WHEREAS, the Planning Commission held a public hearing, reviewed the amendments at its meeting of September 6, 2000 and recommended approval of amendments on a vote of 6-0 with all members present voting in the affirmative, and WHEREAS, the City Council adopted Resolution No. 00-118 on September 18, 2000 approving an amendment to the preliminary and final plat for Pointe West Commons One and Two and a major amendment to the approved Planned Unit Development, and WHEREAS, on January 11, 2001 an application was received for a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and 24 WHEREAS, the City Council adopted Resolution No. 01-015 on February 20, 2001 approving a minor amendment to the approved Planned Unit Development to increase the setbacks and elevations of two townhome buildings on 16th Street, and WHEREAS, on June 18, 2001 an application was received for a major amendment to the approved Planned Unit Development to add two townhomes onto an existing building, and WHEREAS, the Planning Commission held a public hearing, reviewed the amendment at its meeting of August 1, 2001 and recommended approval of the amendment on a vote of 5-1 with five members voting in the affirmative, and WHEREAS, on November 5, 2001 an application was received for a major amendment to the approved Planned Unit Development to allow additional occupancy prior to roadway and signal improvements, and WHEREAS the Planning Commission held a public hearing, reviewed the amendment at its meeting of December 5, 2001 and recommended approval of the amendment on a vote of 4-0 with four members voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. CSM Hospitality, Inc. and Rottlund Companies have made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the “O” Office and R-4 Multiple Family Residential districts located at the Northwest quadrant of West 16th Street and Zarthan Avenue: and CSM Hospitality, Inc. and Rottlund Companies, owners and subdividers of the land proposed to be platted as Pointe West Commons One and Two have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal description as follows, to-wit: See Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01-39-PUD ) and the effect of the proposed PUD and Plat 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. 25 3. The City Council has determined that the PUD and Plat will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD and Plat is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case File 01-39-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development and Final Plat at the location described are approved based on the findings set forth above and subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the Official Exhibits A through M. Exhibit L, building elevations shall be revised to show only approved materials, i.e. brick, glass, Hardiplank and rock face block, rather than vinyl on the fronts of the townhouses and brick and rock face block on side townhouse elevations. Exhibit E, grading plan shall be subject to further refinements on the park site as approved by Public Works and Park and Rec Directors. Exhibit G, tree replacement plan to be revised to reflect correct number of existing trees on site and trees to be removed. Exhibit M, building material samples shall be submitted and approved. Exhibits B and E are replaced by revised plat and plans per the approved plat and PUD amendments on September 18, 2000. Exhibits E and F are replaced by revised grading and utility plans as approved on February 20, 2001. Exhibits A, E and F are modified by revised site, grading and utility plans as approved on August 20, 2001. B. Final plat and PUD approval and development is contingent upon developer meeting all conditions of final approval including all MNDOT requirements. C. Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Building elevations to be revised as stated above. 2. Submit to the City a copy of owner’s policy of title insurance which insures the City’s interest in the plat, in an amount to be determined by the City. 3. A development agreement shall be executed or amended between the developer and the City/EDA which covers at a minimum, dedication of Outlot A, Pointe West Commons Two, as City park land, grading of the park, cash in-lieu of additional park and trail dedication, realignment of Zarthan Avenue and installation of a traffic signal at 16th Street and Zarthan Avenue, conditions under which site work may occur and/or building permits be issued for hotels and townhouse site, sidewalk construction and maintenance, tree replacement, and repair and cleaning of public streets. The development agreement shall also cite the approved ordinance modifications. 4. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of on-site tree replacement, public sidewalk installation, utility repair, and repair/cleaning of public streets. 26 5. Execute formal agreement with City to allow park patrons to share on-site guest parking for townhomes. 6. Submit cross-easement agreement(s) for shared parking between the two hotels and the townhomes, to be approved by City attorney. 7. Submit townhouse association by-laws and covenant documents, to be approved by the City attorney. 8. Submit cash in lieu of on-site tree replacement to the City. The exact amount shall be determined by the number of off-site tree replacement inches required and shall be approved by the Park and Recreation Director and the Community Development Director, based upon a rate of $60 per caliper inch. 9. Submit cash reimbursement of City attorney’s fees in drafting/reviewing such documents. 10. Submit cash park and trail dedication fee of $13,040.67. D. Within 90 days of final plat approval by the City Council, the subdivider shall record the final plat and easements with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat and copies of easement documents showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. E. Prior to any site work, the developer and property owner(s) shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT, if required. 2. A copy of the Watershed District permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and all official exhibits, as approved by the City. 5. Meet conditions of City signing final plat. 6. Meet any other conditions as required by the Development Agreement. F. The developer shall comply with the following conditions during construction: 1. Construction vehicles shall be prohibited from using Zarthan Avenue south of W. 16th Street, Alabama Avenue, and Blackstone Avenue. 2. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. 3. Loud equipment shall be kept as far as possible from residences at all times. 4. The site shall be kept free of dust and debris that could blow onto neighboring properties. 5. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 6. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. G. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. The subdivider shall furnish the City with evidence of having submitted the final plat and cross-parking easement agreement for recording. 3. Lighting plans to be submitted to and approved by the Zoning Administrator for the entire development. Lighting design is to be compatible throughout the development, and shall meet all City standards. 27 4. Signage plans to be submitted and approved by the Zoning Administrator (a sign permit is required). 5. Meet any other conditions as required by the Development Agreement. H. A maximum of three 16-unit townhouse buildings may obtain Certificates of Occupancy, provided other conditions are met, prior to the completion of the Zarthan Avenue realignment and the traffic signal becoming operational at Zarthan Avenue and 16th Street. Residents’ access to said townhomes shall be via 16th Street until the realignment of Zarthan Avenue is complete unless flag people are directing traffic on Zarthan Avenue. Assuming other conditions have been met, a maximum of four buildings (66 units) may be occupied prior to completion of public roadway and signal improvements. Residents’ access to and from the first three townhome buildings shall be via the Zarthan Avenue entrance, unless the Zarthan entrance must be temporarily closed to accommodate completion of public improvements. When the fourth building is completed, residents may use the 16th Street entrance, unless the 16th entrance must be temporarily closed to accommodate public improvements. The fifth building at the intersection at 16th and Zarthan may not be occupied until all roadway improvements are complete and the new traffic signal is operational. (amended September 18, 2000 and January 7, 2002) I. A PUD ordinance modification to allow 465 parking stalls rather than the required 466 stalls and building and sign setbacks as shown on the approved site plan are contingent upon final PUD approval. J. Should the Zoning Administrator determine that parking is a problem in the future, the City may require proof of parking to be converted to parking. K. The developer shall attempt to obtain a written agreement to share parking during off-peak hours with the bank across Zarthan Avenue as overflow parking for the hotels. L. Hardiplank is approved for this development on a trial basis as a Class II material and may be used as shown on the Official Exhibits. M. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on September 18, 2000 to incorporate all of the preceding conditions and add the following conditions: 1. Conditions A and H are modified as noted above. 2. If the CP Rail parcel does not become part of the publicly owned park, the developer shall pay an additional $28,000 in park dedication fees to the City. 3. Construction vehicles shall be prohibited from using 16th Street except for construction related to the park, 16th Street roadway improvements and other improvements adjacent to 16th St (e.g. sidewalks). The developer shall observe all local and state weight restrictions on roads within the City. Construction vehicles shall be permitted to use the townhouse entrance on Zarthan Avenue, provided signage is placed on northbound and southbound Zarthan Avenue and westbound 16th Street in accordance with the MN Manual on Uniform Traffic Control Devices, to be approved by the Public Works Department. If the City determines that construction activity is causing traffic conflicts, it may require the developer to provide flag people to facilitate safe traffic on the adjacent roads. 4. If the property is part of the Parade of Homes prior to realignment of Zarthan Avenue, flag people shall be required to direct Parade traffic to and from the Zarthan Avenue entrance, and Parade traffic shall be prohibited from using 16th Street. If Parade parking 28 cannot be accommodated on site, or is interfering with fire lanes, traffic circulation, etc., the Zoning Administrator may require the developer to provide alternative parking on nearby private property. N. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on February 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Condition A is modified as noted above. 2. The materials for the retaining walls being constructed along West 16th Street shall be similar to the materials used on adjacent retaining walls along West 16th Street east of Zarthan Avenue. These materials shall be submitted and approved by the Zoning Administrator prior to the construction of the walls. O. The developer shall pay an administrative fine of $750.00 per violation of any conditions set forth in this resolution. P. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: 1. Both CSM and Rottlund must sign the amended official exhibits and new assent form. 2. The developers shall install signs at each project entrance indicating the approved times for construction. 3. Rottlund shall provide the Blackstone Neighborhood president and City staff with the site supervisor’s home telephone number. 4. In the event that City staff determines that construction activity continues outside of approved hours, Rottlund shall provide an on-site night security guard at Rottlund’s expense, to ensure that such violations do not continue. 5. Conditions A and O are modified as noted above. Q. The Preliminary and Final Plat for Pointe West Commons One and Two and the Final Planned Unit Development shall be amended on January 7, 2002 to incorporate all of the preceding conditions and add the following conditions: 1. Condition H. is modified as noted above. 2. The developer is required to coordinate private improvements with the future schedule for public improvements, which may include the temporary closing of certain project entrances and other disruptions. 3. The developer is required to accommodate any emergency access requirements of the Fire Marshall. 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. 29 Reviewed for Administration: Adopted by the City Council January 7, 2002 City Manager Mayor Attest: 01-57-PUD:N/res-ord City Clerk 30 City of St. Louis Park City Council Agenda Item # 8a Meeting of January 7, 2002 8a. Term ending reappointments for boards and commissions Recommended Action: Motion to reappoint Paul Roberts, Ashley Tomoson, Dennis Morris, Michael Garelick, Rick Dworsky, Ken Hurias, and Dale Hartman to their respective boards and commissions. Background: Each board and commission has staggered terms of three years, with the exception of student terms which arefor only one year and the Housing Authority which has terms of 5 years. One December 31, 2001, terms expired on the Board of Zoning Appeals, Parks and Recreation Commission, Planning Commission, and Telecommunications Advisory Commission. The following people would like to be reappointed: FN LN COMMITTEE Paul Roberts Board of Zoning Appeals Ashley Tomoson Parks/Recreation Advisory Commission (student) Dennis Morris Planning Commission Michael Garelick Planning Commission Rick Dworsky Telecommunications Advisory Commission Ken Huiras Telecommunications Advisory Commission Dale Hartman Telecommunications Advisory Commission Issues: Staff does not see any issues of concern for Council in regards to the reappointments. All commissioners requesting reappointment have performed their duties satisfactorily. Future Council Actions: Staff is scheduling interviews for open commission seats for January 14th and has scheduled the council recognition of those members who resigned during 2001 for January 21st. Prepared By: Kim Olson, Administration Secretary Approved By: Charles W. Meyer, City Manager 31 City of St. Louis Park City Council Agenda Item # 8b Meeting of January 7, 2002 8b. Appointment of Commissioners to the Bassett Creek Watershed Management Commission Recommended Action: Motion to adopt the attached resolution appointing Ken Gothberg, Commissioner and Sally Velick, Alternate Commissioner to the Bassett Creek Watershed Management Commission Background: The City of St. Louis Park is partially located in the Bassett Creek Watershed. The Bassett Creek Watershed Management Commission (BCWMC), a water management organization (WMO), was established by a Joint Powers Agreement authorized under Minnesota State Statutes to oversee and coordinate the management of surface water in the areas of the cities that fall within the watershed. The City of St. Louis Park is a party to the Joint Powers Agreement and a member of the BCWMC. Michael Rardin, Public Works Director, and Carlton Moore, Superintendent of Engineering, are the current St. Louis Park Commissioner and Alternate Commissioner, respectively, to the Commission. Their terms are scheduled to expire on January 31, 2002. Due to a change in State Statute several years ago, city staff may no longer be appointed to serve as commissioners on WMO’s. Apparently legislators felt that citizen commissioners would public interests better than city staff. Other than city staff, Council may appoint any person they desire to serve as Commissioner and Alternate Commissioner to the BCWMC. It is recommended these individuals live either in or near the watershed in the City. This change to citizen commissioners tends to make City / Commissioner communications more difficult and time consuming. As a result, the BCWMC recently revised their Bylaws allowing for the creation of a Technical Advisory Commission (TAC) to the BCWMC. The BCWMC expects to establish the TAC in the near future. The TAC will be expected to provide input on issues before the Commission. TAC members will attend and participate in Commission meetings, but will not have voting privileges. Carlton Moore, Superintendent of Engineering, or Maria Hagen, City Engineer, or both are possible city staff that could represent the City on the future TAC. Discussion: As the BCWMC completes their planning process and adopts a 2nd generation water plan this year, it will be important for the City to maintain adequate representation on the BCWMC. Various new Commission policies will be adopted along with the creation of a watershed wide Capital Improvement Plan (CIP). These new policies and the CIP could have significant long term management and cost implications for residents and property owners in the Bassett Creek 32 Watershed area in the city. Anticipating this, Ken Gothberg, resident and Planning Commission member, has participated for the past year in the BCWMC planning process preparing for possible appointment as Commissioner to the Commission. In addition to Ken Gothberg, Bobby Young, former council member, also participated in the planning process. Council member Sally Velick has just recently replaced him in the planning process. Based on the above, staff recommends that Ken Gothberg and Sally Velick be appointed Commissioner and Alternate Commissioner, respectively, to the BCWMC. It is also suggested that other interested residents be groomed for future appointment to the Commission. The Planning Commission or other City commissions or boards may be a good resource for this. The attached resolution appoints Ken Gothberg, City resident, as Commissioner; and Sally Velick, Councilmember, as Alternate Commissioner to the Bassett Creek Watershed Management Commission to three (3) year terms beginning February 1, 2002 and expiring January 31, 2005. Attachments: Resolution Prepared by: Michael P. Rardin, Public Works Approved by: Charles W. Meyer, City Manager 33 RESOLUTION NO. 02-003 RESOLUTION APPOINTING KEN GOTHBERG, COMMISSIONER AND SALLY VELICK, ALTERNATE COMMISSIONER, TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of St. Louis Park is partially located in the Bassett Creek Watershed Management Commission area and is required under state law to manage its storm water runoff; and WHEREAS, the Bassett Creek Watershed Management Commission has been organized under Minnesota State Statutes to manage the storm waters of cities whose boundaries fall within the water management area; and WHEREAS, the City of St. Louis Park has adopted a Joint Powers Agreement joining the Bassett Creek Watershed Management Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council, that the City of St. Louis Park: 1. Appoint Ken Gothberg, as Commissioner to the Bassett Creek Watershed Management Commission to a three (3) year term beginning February 1, 2002 and expiring January 31, 2005. 2. Appoint Sally Velick, as the Alternate Commissioner to the Bassett Creek Watershed Management Commission to a three (3) year term beginning February 1, 2002 and expiring January 31, 2005. BE IT FURTHER RESOLVED that the City Clerk shall, within 30 days of its adoption, file a certified copy of this resolution with the Secretary of the Commission. Attest: Adopted by the City Council January 7, 2002 City Clerk Mayor Reviewed for Administration: City Manager 34 CITY COUNCIL MEETING January 7, 2002 ITEMS TO BE ACTED UPON BY CONSENT Consent items are 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. 1. Motion to approve 2002 City Council meeting dates 2. Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2002 3. Traffic Study No. 560: Motion to adopt the attached resolution authorizing restricting parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west 4. Motion to accept the following reports for filing: c. Board of Zoning Appeals Minutes of October 4, 2001 d. Planning Comission Minutes of December 5, 2001 35 CONSENT ITEM # 1 St. Louis Park City Council Meeting of January 7, 2002 1. Motion to approve 2002 City Council meeting dates. Background: St. Louis Park City Council Rules and Procedures require Council to set and approve meeting dates for 2002. The City Council's policy is not to meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, Sukkot, Passover and Shavuot. For New Year's, Christmas and Yom Kippur this includes the evening before the holiday. For Rosh Hashanah, Sukkot, Passover and Shavuot this includes the first and second evenings of the holiday. When a holiday falls on the first or third Monday, the meeting is rescheduled to the same hour on the next Tuesday. If the next Tuesday is also a holiday, the meeting is moved to the same hour on the next succeeding Monday that is not a holiday. Several meeting dates for 2002 will fall on holidays such as Martin Luther King Day, President’s Day, Memorial Day, Labor Day, Yom Kippur, and Veteran’s Day. These meetings will be moved to the following Tuesday. Recommendation: Staff recommends approval of the meeting dates. Attachments: 2002 meeting date schedule Prepared by: Kim Olson, Admin. Secretary Approved by: Charles W. Meyer, City Manager 36 2002 CITY COUNCIL MEETING DATES Jan. 7 Regular Meeting July 1 Regular Meeting Jan. 14 Study Session July 8 Study Session Jan. 22 Regular Meeting (Tuesday, Martin Luther King Day) July 15 Regular Meeting Jan. 28 Study Session July 22 Study Session Feb. 4 Regular Meeting Aug. 5 Regular Meeting Feb. 11 Study Session Aug. 12 Study Session Feb. 19 Regular Meeting (Tuesday, President’s Day) Aug. 19 Regular Meeting Feb. 25 Study Session Aug. 26 Study Session Mar. 4 Regular Meeting Sept. 3 Regular Meeting (Tuesday, Labor Day) Mar. 11 Study Session Sept. 9 Study Session Mar. 18 Regular Meeting Sept. 17 Regular Meeting (Tuesday, Yom Kippur) Mar. 25 Study Session Sept. 23 Study Session Apr. 1 Regular Meeting Oct. 7 Regular Meeting Apr. 8 Study Session Oct. 14 Study Session Apr. 15 Regular Meeting Oct. 21 Regular Meeting Apr. 22 Study Session Oct. 28 Study Session May 6 Regular Meeting Nov. 4 Regular Meeting May 13 Study Session Nov. 12 Study Session (Tuesday, Veteran’s Day) May 20 Regular Meeting Nov. 18 Regular Meeting May 28 Study Session (Tuesday – Memorial Day) Nov. 25 Study Session June 3 Regular Meeting Dec. 2 Regular Meeting June 10 Study Session Dec. 9 Study Session June 17 Regular Meeting Dec. 16 Regular Meeting June 24 Study Session Dec. 23 Study Session 37 CONSENT ITEM # 2 City Council of St. Louis Park Meeting of January 7, 2002 2. Motion to adopt a resolution designating the St. Louis Park Sun-Sailor as the City’s Official Newspaper for 2002. Background: MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter. Basis of Recommendation: 1. The paper is delivered to nearly all residences in the City, thereby providing city-wide coverage of legal notices and other city government issues to residents. 2. The paper has served well as the official newspaper for many years. 3. The paper has expressed a desire to continue to provide this service. 4. The cost for legal publications is reasonable as they are not increasing their rates. Attachment: Resolution Letter from Sun Newspapers Prepared by: Kim Olson, Admin. Secretary Approved by: Charles W. Meyer, City Manager 38 RESOLUTION NO. 02-004 A RESOLUTION DESIGNATING THE ST. LOUIS PARK SUN SAILOR AS THE OFFICIAL NEWSPAPER FOR CALENDAR YEAR 2002 WHEREAS, MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be designated for publication of the City’s official proceedings and notices and such other matters and measures as are required by law and City Charter; and WHEREAS, the St. Louis Park Sun Sailor is a duly qualified medium of legal publication; NOW THEREFORE BE IT RESOLVED that the St. Louis Park City Council hereby designates the St. Louis Park Sun Sailor as the City’s Official Newspaper for Calendar Year 2002. Reviewed for Administration: Adopted by the City Council January 7, 2002 City Manager Mayor Attest: City Clerk 39 CONSENT ITEM # 3 St. Louis Park City Council Meeting of January 7, 2002 3. Traffic Study No. 560: Motion to adopt the attached resolution authorizing restricting parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west. Background: The City has received a number of requests from residents and the adjacent property owner to restrict on-street parking on the south side of Wayzata Boulevard just west of Pennsylvania Avenue. The conflict is that semi-tractor trailers frequently park near Pennsylvania Avenue blocking visibility to the west. They also park in the bus stop. Staff believes the truckers are parking there while at Embers which is on the east side of Pennsylvania Avenue. Staff has contacted Metro Transit and they support a parking restriction of 75 feet to allow busses to get closer to the curb for accessibility. When the semi trucks are parked at the corner transit riders must load in the travel lane, which is unsafe. Moving the on-street parking 75 feet to the west should not impact other adjacent businesses. Staff has discussed the proposal to restrict on-street parking 75 feet west of the intersection with the Ember’s Restaurant property owner and the franchise owner. Both are very supportive of the proposed parking restrictions. Options: Staff has identified the following options available to the Council at this time. * 1. Approve the request. If so, the attached resolution authorizing the parking regulations may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff recommendation Attachments: Map Resolution Prepared By: Carlton Moore/Maria Hagen, Engineering Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager 40 RESOLUTION NO. 02-005 RESOLUTION AUTHORIZING PARKING RESTRICTIONS SOUTH SIDE OF WAYZATA BOULEVARD TRAFFIC STUDY NO. 560 WHEREAS, the City of St. Louis Park, Minnesota has studied and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. Restriction of parking along the south side of Wayzata Boulevard from Pennsylvania Avenue to a point 75 feet west. Reviewed for Administration: Adopted by the City Council January 7, 2002 City Manager Mayor Attest: City Clerk 41 CONSENT ITEM # 4a MINUTES OCTOBER 4, 2001 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, October 4, 2001, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Acting Chairperson Paul Roberts Commissioner James Gainsley Commission Tom Powers Members Absent: Vice Chair Susan Bloyer Staff Present: Janet Jeremiah, Planning and Zoning Supervisor Patrick Smith, Planner Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Acting Chairperson Roberts called the regular meeting to order at 7:10 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Gainsley, seconded by Commissioner Powers, to approve the following minutes as presented: 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated June 28, 2001. Motion Carried. Voting Yes: Roberts, Gainsley and Powers. Voting No: None. 3. CONSENT AGENDA None 4. PUBLIC HEARINGS/COMMITTEE BUSINESS a. Case No. 01-44-VAR - The request of David and Leslie Nackerud for a variance from the requirements of Section 14:5-4.1(F)(5) of the Ordinance Code relating to zoning to permit a side yard setback of 4 feet instead of the 42 required 6 feet setback for property located in the “R-1” Single Family District at 9233 West 22nd Street. Mr. Smith presented a report – and concluded that since 7 of the 7 criteria have been satisfied, and the applicant has kept the variance request to a minimum, it is recommended that the request to permit a side yard setback of 4 feet instead of the required 6 feet be approved. Commissioner Gainsley asked staff to clarify the amount of grade change from the applicant’s property to the neighbor’s property. Mr. Smith indicated the grade drops off to the west, which would require the applicant to install a 4 or 5 foot retaining wall between his property and the neighbors. Commissioner Gainsley asked staff if there would be a possibility of the applicant constructing a two-car garage behind the house, which would then not require a variance. Mr. Smith stated that could be an option but would require the applicant to install a much larger driveway and retaining wall and would pose a greater impact to the neighbor, then would an attached garage. With no more questions, Acting Chairperson Roberts opened the public hearing. David and Leslie Nackerud, applicant, of 9233 West 22nd Street, Mr. Nackerud stated that he would like to construct an eight-foot addition onto the west side of his existing home, which will be used for an additional stall for a garage. Mr. Nackerud expressed to the commissioners that this proposed additional will not be a negative impact on the neighborhood, as stated by the staff report and hopes the commissioners will agree to accept the proposed variance. Commissioner Gainsley informed Mr. Nackerud that he understands that the topography of his lot has made this proposed addition difficult but would like to understand why the installation of the garage could not be placed in the backyard. Mr. Nackerud stated that if the addition were constructed onto the side of the home the garage wall would act as a retaining wall rather than installing a long brick wall, in addition to the garage in the b ackyard, it would prevent the usage of his backyard along with additional money spent on a long driveway which would require more maintenance during the seasons, such as winter snow removal. Acting Chairperson Roberts closed the public hearing. Commissioner Powers stated that if the applicant were to remove the existing garage and rebuild the garage in the backyard it would be extremely costly and be considered a hardship. Therefore, he is in favor of granting approval. Commissioner Gainsley stated he would prefer to see the applicant construct a two-car garage in the back yard. 43 Acting Chairperson Roberts stated that due to the hardship of the side yard grade he was in favor of granting the variance. Motion by Acting Chairperson Roberts, seconded by Commissioner Powers, that the variance be granted based on the staff report. Motion Carried. Voting Yes: Roberts, Gainsley and Powers. Voting No: None. b. Case No. 01-45-VAR - The request of David Desplinter and Lee Christianson for a variance from the requirements of Sections 14:4-4(D)(2) of the Ordinance Code relating to zoning to permit a fence in the front yard with a height of 6 feet instead of the maximum 3.5 feet for property located in the “R-2” Single Family District at 4130 Quentin Avenue South. Mr. Smith presented a report – and concluded that since 7 of the 7 criterion have been satisfied, it is recommended that the request to permit the six-foot high fence in the front yard be approved. With no more questions, Acting Chairperson Roberts opened the public hearing. David Desplinter and Lee Christianson, applicant, of 4130 Quentin Street, Mr. Desplinter stated that he constructed a six-foot high privacy without knowledge of setback requirements. Mr. Desplinter stated that he installed a fence due to state fencing requirements around swimming pools and chose a six-foot fence in height to aid in additional privacy. Acting Chair Gainsley closed the public hearing. Motion by Commissioner Gainsley, seconded by Commissioner Powers, that the variance be granted based on the staff report. Motion Carried. Voting Yes: Roberts, Gainsley and Powers. Voting No: None. c. Case No. 01-46-VAR - The request of Julie Rappaport for a variance from the requirements of Section 14:4-4(D)(1) and 14:4-4(F)(1) of the Ordinance Code relating to zoning to permit a rear yard fence higher than 6 feet and having the finished side facing inward for property located in the “R-2” Single Family District at 8530 West 35th Street South. Mr. Smith presented a report – and concluded that since 6 of the 7 criterions have not been satisfied, it is recommended that the request to permit the unfinished side of the fence to face outward be denied. Since staff believes all seven criterions have been satisfied, it is recommended that the request for a 10-foot fence be approved. Since fences over 6-feet in height require building permits and must meet certain structural requirements for safety, the 44 variance must be subject to the following conditions: the applicant shall obtain a building permit for the 10-foot fence and the applicant shall submit a structural engineer’s report demonstrating that the 10-foot high portion of the fence can with stand an 80-mile per hour wind load. Mr. Smith also stated that the applicant has installed a 4-foot retaining wall and brought in a significant amount of fill to help correct an erosion and drainage problem that was impacting the neighbor. He also stated that the fence was constructed on the outside of the wall so the posts would be placed in compacted ground as opposed to the new fill. Mr. Smith pointed out that he feels there is no physical hardship for the good side of the fence facing in and mentioned the possibilities of new neighbors moving in that may not agree with the bad side facing them. Commissioner Powers asked staff if a timeline could be established to allow the applicant to switch the fence so good side is facing out. Mr. Smith stated a reasonable timeline could be made to assist the applicant. Commissioner Gainsley asked staff if the applicant were to saw off 4 feet of height on the fence would she be within the height requirements. Mr. Smith answered affirmative. With no more questions, Acting Chair Roberts opened the public hearing. Julie Rappaport, applicant, of 8530 West 35th Street, stated she was going to install a fence last summer and at that time the City required no permit. Ms. Rappaport stated she was interested in fixing the neighbors basement flooding problem in addition to putting up a fence so she contacted City personnel to inspect her property to give her suggestions on how to fix her grading problem. She stated that the individual who had visited her site was of the Park and Recreation Department and thought all information from a City employee would be accurate information. Ms. Rapport pointed out that in addition to fixing her grade problem she needed to install a fence with height of 6 feet or more because her dog was escaping the existing 3-foot fence at the age of 3 ½ months. Commissioner Gainsley asked Ms. Rappaport why the neighbor side of the fence has the good side facing in but the back yard has the bad side facing in. Ms. Rappaport stated that she received a phone call from Scott Moore informing her she is violating city ordinance regarding the fence face, so she at that time continued to install the backyard fence but within city ordinance requirements which was good side facing out. Ms. Rappaport also pointed out that she double sided the small portion toward the street to correct part of the problem, but the cost of replacing the neighbor’s side would be very costly. John Strand, 8536 West 35th Street, side yard neighbor of Ms. Rapport gave Commissioners a sketch labeled by Acting Chair Roberts as Exhibit A. 45 Mr. Strand presented Exhibit A to the Commissioners explaining that he feels Ms. Rappaport has built her fence and retaining wall one foot onto his property. Commissioner Powers suggested that staff recommends Ms. Rappaport to show a property survey to insure the fence and retaining wall is on her property. Mr. Strand also pointed out that during the fence and wall construction he was ill and unable to inspect Ms. Rappaport’s project until just recently and that is when he noticed the encroachment. Therefore he would like the Commissioners to deny both variance requests. Commissioner Powers asked Mr. Strand if he is agreeable to having Ms. Rappaport submitting a survey report prior to any discussion made. Mr. Strand agreed to Commissioner Power’s statement. Ms. Janet Jeremiah stated to the Commissioners that the city does not require a survey to be submitted during the permit process, but the property owner is given a waiver to sign stating they will ensure the fence is constructed entirely on their property. Staff may be able to help Ms. Rappaport find her property irons without a full survey. Barbara Lyneis, 3433 Zinran Avenue South, backyard neighbor of Ms. Rappaport, addressed the Commissioners stating she is unpleased with the way the backyard fence was installed. Ms. Lyneis informed the Commissioners that the applicant already has an existing chain link fence. Ms. Lyneis pointed out that the installation of the wooden fence is abutting the existing chain link fence in the backyard causing weed maintenance problems. Commissioner Gainsley asked staff if the city requires the removal of an existing fence prior to the installation of another. Ms. Janet Jeremiah stated that we do not have an ordinance against the installation of a fence without removing the existing but we do have maintenance requirements, which prohibits the growth of weeds. Ms. Lyneis stated she feels that her backyard view of two fences is very unappealing and asks that the Commissioners require her to remove one of the two fences. Commissioner Powers stated that he does agree that Ms. Rappaport should be made to remove one of the two fences in the backyard. Acting Chair Roberts asked Ms. Rappaport to discuss a maintenance plan with Ms. Lyneis. Acting Chair Roberts closed the public hearing. Commissioner Powers pointed out that the property dispute needs to be resolved before he is able to grant or deny any variances. 46 Commissioner Gainsley agreed with Commissioner Powers statement. In addition he proposed that Ms. Rappaport provide information regarding the location of her fence in relation to her neighbor’s property and table consideration of the variance until the next Board of Zoning Appeals meeting. Motion by Commissioner Gainsley, seconded by Commissioner Powers, that the variance not be further considered until property lines have been established. Motion to table the request Carried. Voting Yes: Roberts, Gainsley and Powers. Voting No: None. 5. Old Business: None 6. New Business: None 7. Communications: Ms. Jeremiah stated the next regular scheduled Board of Zoning Appeals meeting will be held on Tuesday, November 27, 2001 if there are applications to consider. 8. Miscellaneous: None 9. Adjournment: Commissioner Powers moved and Commissioner Gainsley seconded the motion for adjournment. The regular meeting of the Board of Zoning Appeals adjourned at 8:18 p.m. Respectfully Submitted, Tara Olson Community Development Secretary 47 CONSENT ITEM # 4b Official Minutes PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA December 5, 2001 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Ken Gothberg, Dennis Morris, Carl Robertson, Sally Velick MEMBERS ABSENT: Michelle Bissonnette, Michael Garelick, Jerry Timian STAFF PRESENT: Judie Erickson, Janet Jeremiah, Nancy Sells 1. Call to order - Roll Call Chair Velick called the meeting to order at 6:05 p.m. 2. Approval of Minutes of November 21, 2001 Commissioner Morris moved approval of the minutes of November 21, 2001. The motion passed 4-0. 3. Hearings: A. (continued from 11/21/01) Case Nos. 01-53-CP and 01-54-Z - Request of Belt Line Industrial Park, Inc. (John D. McCain) to amend the Comprehensive Plan Designation for parcels along West 36th Street and Belt Line Boulevard from Industrial to Commercial and to review proposed amendment to the Zoning map from IP-Industrial Park to C2-General Commercial – 3533 Raleigh Avenue South, 3550, 3540, 3532 and the south 180 feet of 3510 Belt Line Boulevard. Judie Erickson, Planning Coordinator, presented a staff report. Applicant John D. McCain stated his concerns regarding meeting standards of compatibility with Park Commons, building placement, pedestrian orientation and building design. Mr. McCain stated that he is not sure what is meant by standards and suggested that standards need not be part of the conditions. Mr. McCain asked if shopping centers over 50,000 square feet referred to retail tenants and retail uses over 20,000 square feet refers to a single retail tenant. Ms. Erickson responded that was correct. Commissioner Gothberg stated because the Planning Commission is considering a Comprehensive Plan amendment, the Commission needs to look at the entire area 48 now to avoid a multitude of zoning requests in the future. He is hesitant to approve rezoning until the omission of the language requiring the Comprehensive Plan compliance is reinstated in the zoning ordinance. Commissioner Robertson stated that he believes the request requires more consideration. Commissioner Morris said he was uncomfortable in crafting Comprehensive Plan amendments and changing the zoning of a site without a site plan. He said he doesn’t understand the layout for parking spaces. He asked what the potential would be for the remaining parcels. Commissioner Robertson said highest and best use would not require too specific of a plan from the developer. Commissioner Gothberg said he agreed with the recommendation to draft zoning code amendments to allow the post office retail/customer service facility to be located within a commercial district because that is a service equivalent to MailBoxes. Chair Velick asked if that could be included in the Planning Commission’s recommendation action and staff responded that it could be included. Commission Robertson asked if January 2nd is too soon for a continuance. Ms. Jeremiah, Planning and Zoning Supervisor, responded if the Planning Commission would like to hear more about the existing uses in the industrial park, she would ask Mr. McCain to address that in more detail. The request before the Commission requires the Comprehensive Plan and the zoning without tying it to a specific development plan. She added that the Applicant is comfortable with the use restrictions for this site. Chair Velick said the Commissioners have expressed their desire about having businesses at Belt Line that will complement Park Commons. Chair Velick asked if adding zoning code text amendments to the motion would be adequate to address such standards. Commissioner Gothberg said he would support a Comprehensive Plan amendment that defines the direction of that area. At this time, he stated he would deny the request and make a motion to develop and understand where the Planning Commission wants to take this area, reinstate the Comprehensive Plan requirements back into the zoning code, hold public hearings on the Comprehensive Plan change for the area, to be followed by zoning amendments. Commissioner Morris said he felt the request should go forward, and continuation is an option. He said staff should have additional opportunity to work with Mr. McCain. Commissioner Morris said he would like to hold a discussion on how the 36th Street industrial corridor is changing. Commissioner Morris said he 49 would support a motion accepting staff’s recommendations with the understanding that the Planning Commission will give the recommendations a second look when the next staff report is provided. Commissioner Robertson said he would agree to move ahead with the request. He said creating subzones would be problematic. Ms. Erickson stated that the Elmwood Study, to be completed in about 12 months, will provide answers to what lies west of Highway 100. She said the application for zoning is incomplete until the Comprehensive Plan is in place. Chair Velick said she would like to see the project move forward. Commissioner Gothberg made the following separate motions: It was moved by Commissioner Gothberg, seconded by Commissioner Robertson, that staff draft zoning code text amendments to reinstate language requiring Comprehensive Plan compliance. The motion passed 4-0. It was moved by Commissioner Gothberg, seconded by Commissioner Robertson, to direct staff to draft zoning code text amendments that would define and create parking standards for and allow post office retail/customer service facility to be located within commercial districts. The motion passed 4-0. It was moved by Commissioner Gothberg, seconded by Commissioner Robertson, to direct staff to draft text amendments to the Plan by Neighborhood chapter of the Comprehensive Plan that would consider appropriate uses for the parceling question and consider what potential future changes may arise in the district. Chair Velick asked if Commissioner Gothberg would consider a friendly amendment to the motion adding that amendments be drafted which would limit businesses with large volumes of traffic. Commissioner Gothberg said the friendly amendment was accepted. Commissioner Morris asked Commissioner Gothberg if his intention is to eliminate the specifics proposed in the staff report and leave it open for staff to draft, having heard the comments of the Planning Commission. Commissioner Gothberg replied that was correct. The motion passed 4-0. It was moved by Commissioner Gothberg, seconded by Commissioner Robertson, to continue the public hearing for the Comprehensive Plan Amendment to change designation from Industrial to Commercial until January 2, 2002, and to continue the public hearing for a Zoning amendment to change the zoning map designation from IP-Industrial Park to C2-General Commercial until January 2, 2002. The motion passed 4-0. 50 B. Case No. 01-57-PUD Request by CSM/Rottlund for a major amendment to the approved Planned Unit Development for Pointe West Commons to allow additional occupancy prior to roadway and signal improvements – Northwest quadrant of 16th Street and Zarthan Ave. Janet Jeremiah presented a staff report. In response to Commissioner Gothberg’s question about the anticipated timing of the roadway improvements, Ms. Jeremiah replied that improvements are expected to be completed by the end of June 2002. Chair Velick opened the public hearing. J. Michael Noonan, Rottlund/David Bernard Builders and Developers, said the staff report provides a good synopsis of CSM/Rottlund’s issues and requests. Mr. Noonan stated that the date for the completion of minimum improvements is December 21, 2002, according to the private redevelopment agreement between the EDA and Rottlund. Commissioner Morris asked what has caused the delay of the roadway and signal improvements. Ms. Jeremiah responded that it started with the delay of work by a utility company. Commissioner Morris asked if the CSM portion of the development is fully occupied and open. Ms. Jeremiah responded she thinks it is not fully occupied at this time. Commissioner Morris asked if the Public Works Dept. deems the intersection to have a safety issue until a signal is installed, will stop signs or other controls be considered in the interim? Ms. Jeremiah responded that she does not believe stop signs will work until the intersection is realigned but other safety signage may be appropriate. She will review the controls outlined in the development agreement prior to City Council consideration of the request. With no one else wishing to speak, Chair Velick closed the public hearing. It was moved by Commissioner Morris to recommend approval of a major amendment to the Pointe West Commons PUD to allow occupancy of up to four building (66 units) subject to the conditions recommended by staff. The motion passed 4-0. 4. Unfinished Business: None 5. New Business A. Consent Agenda: None B. Other New Business: None 6. Communications: None 51 7. Miscellaneous: None 8. Adjournment Chair Velick adjourned the meeting at 7:05 p.m. Prepared by: Respectfully submitted, Linda Samson Recording Secretary Nancy Sells Administrative Secretary