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Home My WebLink About2002/08/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 5, 2002 - 7:30 p.m. NO EDA MEETING 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Junior Leader Recognition b. Beth El – Presentation to City of SLP c. Annual Report – City/School Volunteer Program Document 3. Approval of Minutes a. City Council Minutes of July 15, 2002 Document b. City Council Study Session minutes of August 12, 2002 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a Public Hearing: Alley Paving – 2900 Block between Florida Avenue and Edgewood Avenue Document This report considers paving the alley in the 2900 block between Florida and Edgewood Avenues, north of Minnetonka Boulevard Recommended Action: Mayor to open Public Hearing, and then close it. Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2900 block between Florida Avenue and Edgewood Avenue, approving plans and specifications and authorizing receipt of bids. 6b Assessment Hearing for Alley paving Project - 2900 block between Florida Avenue S. and Edgewood Avenue Document Recommended Action: Mayor to close public hearing. Motion to adopt attached resolution establishing the assessment 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a First Reading of an ordinance amending reporting requirements for lawful gambling organizations operating in the city Document This ordinance specifies those reports required to be submitted to the City to determine compliance with local restrictions. Recommended Action: Motion to approve first reading of the ordinance and set second reading for August 19, 2002 8b Request by ASK Properties for a Conditional Use Permit to permit office use as 50% or more of the gross floor area Document Case No. 02-33-CUP 5605 36th Street West Recommended Action: Motion to adopt a resolution approving the Conditional Use Permit subject to the conditions included in the resolution 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF AUGUST 5, 2002 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion To Adopt A Resolution Appointing Election Judges For The Primary And General Elections To Be Held September 10 And November 5, 2002. Document 4b Motion To Approve A Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, October 5 & 6, 2002, 5900 & 5925 West Lake Street, St. Louis Park Document 4c Motion To Adopt A Resolution Approving Temporary Parking Restricrtions For The Holy Family Fall Festival - Lake Street Between Zarthan And Alabama Avenues October 5 & 6, 2002. Document 4d Motion to Adopt Resolution Accepting Work On City Wide Random Sidewalk Repair City Project No. 01-02 Contract No. 102-01 Document 4e Motion To Adopt Resolution Rescinding Res No. 02-063; and Adopting Traffic Controls As Recommended In Traffic Study No. 561 Document 4f Motion to approve the revised joint use agreement with the City of Minnetonka to jointly operate Ford Park Document 4g Motion to approve a redevelopment plan for Ford Park Document 4h Motion to approve second reading, to adopt a zoning ordinance text amendment to allow pool houses in the R-1 Single Family District, to approve summary ordinance and authorize publication (Case No. 02-24-ZA) Document 4i Motion To Accept Planning Commission Minutes Of June 19, 2002 For Filing Document 4j Motion to approve encroachment agreement with David Bernard Builders and Developers for the sidewalk at Blackstone Park. Document 4k Motion to approve Resolution waiving subdivision ordinance requirements to allow a division of railroad right-of-way recently purchased by Hennepin County Regional Railroad Authority. (Case No. 02-44-S) Document 4l Motion to accept vendor claim report for filing. St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 1 of 8 2c Annual Report from the City & School Volunteer office Background: The City of St. Louis Park partners with St. Louis Park School District’s Community Education to provide volunteer program coordination. The volunteer office, located at the High School, offers a centralized location where city residents of all ages may connect to volunteer opportunities. The City shares the staffing and operational cost of the volunteer office with Community Education by providing approximately $30,000 in funding each year. In addition to coordinating city and school volunteer programs, volunteer office staff also refer residents with other community interests to opportunities available at local nonprofits. All new residents moving into St. Louis Park houses and apartments receive a listing of volunteer opportunities throughout the city. The following report highlights city volunteerism. Also attached is the School District’s annual volunteer report. Vision St. Louis Park – Community Connections vision – states, “Residents have strong connections thanks to community pride, civic involvement, mutual respect, and neighborliness. Individuals, neighborhoods, and community institutions work to enhance the community, solve problems, prepare future leaders, and market the community’s assets.” Volunteerism, and the School – City partnership represent one of the strongest realizations of this vision statement. Volunteer Office for the City and Schools of St. Louis Park Each volunteer who is recruited and placed through the Volunteers in the Park (V.I.P.) Office for ongoing City programs (v.s. one time events) completes an application form. The volunteer office staff conducts reference checks on at least two references and runs a police background check. Some volunteers also receive information on their program assignment and job duties, guidelines for being a City volunteer, and other information related to their assignment from the volunteer office. Some volunteers receive that information from their assigned program supervisor. In addition, recognition for volunteers in various programs is provided by the V.I.P. Office. Volunteer Example #1: Westwood Hills Nature Center: Front desk from 11:00a.m.-1:00p.m. Monday - Friday Recruited and placed volunteers who work at the front desk at the Nature Center every day from 11 a.m. -1 p.m., allowing the staff to have lunch and run errands for the Center. # of volunteeers = 4 plus two on-call volunteers # of hours = 500 a year Volunteer Example #2: Westwood Hills Nature Center: General Help and Naturalist Assistants Ongoing recruitment efforts to find volunteers to work as general helpers and teaching assistants as requested by the staff. 1 volunteer placed as a kiosk site (self-service PC) developer 4 volunteers placed as general help and maintenance St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 2 of 8 Each of these volunteers works a couple of hours one time a week Volunteer Example #3: Westwood Hills Nature Center: Halloween Party Volunteers work before, during and after the annual Halloween Party. They help with set-up, work the nights of the party and help with clean-up. The V.I.P. office works to recruit, place, schedule and thank the party volunteers. Schedules, guidelines and job duties are sent to each volunteer prior to the event. Local business, Boy and Girl Scout troops, the 4-H club and many individuals all volunteer to make this event a success. # of volunteers = about 60 per night for 2 nights 20 volunteers for set up help 22 volunteers for clean up help 102 (some volunteers helped several times for different activities) # of hours = 73 for set up help 480 for the party 78 for clean up total = 631 hours Volunteer Example #4: Adopt a Park/Garden Volunteers in this program are assigned to their neighborhood park and/or garden. They receive a packet of information from the volunteer office including job descriptions, report forms, and guidelines. Their job duties include patrolling and cleaning their park, weeding and tending the garden and reporting any damaged equipment, vandalism etc. that the park staff would need to deal with. They each spend about 1 hour a week in their assigned park and/or garden. # of volunteers = 40 # of parks = 26 # of gardens = 17 Volunteer Example #5: Pick up the Park Volunteers are recruited from local service groups, schools and individuals in the Adopt a Park Program. The goal of Pick up the Park is to get as much public space cleaned as possible before mid May. Volunteers included Girl Scout troops, the 4 - H Club, Adopt a Park volunteers and 29 classrooms of students from the 5 public elementary schools as well as Torah Academy and Most Holy Trinity. Everyone received a nice Certificate of Thanks signed by Jeff Jacobs and Rick Beane. # of volunteers = 706 # of parks clean = 23 along with all the school playgrounds and surrounding areas # of bags of trash = 79 St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 3 of 8 Volunteer Example #6: Parktacular Volunteers were recruited to work at Parktacular, staffing the Parktacular Booth and helping with the Royalty event # of volunteers = 13 # of hours = 27 Volunteer Example #7: Adopt a Hydrant The volunteer office worked with the City’s Community Outreach Coordinator, the Fire Department and the Utilities staff to recruit residents to commit to shoveling their neighborhood fire hydrants after large snowfalls. Over 200 residents sent back a postcard on which they signed up to “Adopt a Hydrant”. Next winter, a letter will be sent to those residents reminding them of their commitment to shovel. Other Activities Police Reserves – assisted the Police Department in recruiting reserve officers. 13 potential reserve officer candidates were recruited and referred to the Police Department. Student Volunteer Intern for Community Outreach Program – a high school student was recruited and placed in the Community Outreach program for the summer. Water Testing Volunteer for Jim Vaughan – a volunteer was recruited to collect water samples from three St. Louis Park lakes as part of a water testing program. Assist with Recruiting Students for City Commissions – worked with the Community Outreach Coordinator to recruit high school students for city commissions. Teach Work Place Learning - worked with Bridget Gothberg to teach the Work Place Learning classes for City staff. E- Mentoring - met with the Community Outreach Coordinator and the 21st Century Learning Program staff to discuss the possibility of an e-mentoring program between the Police Department and one of their middle school student programs. Attachments: School District’s Annual Volunteer Report Prepared by: Sarah Krzesowiak and Martha McDonell Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 4 of 8 Volunteers in the Park Annual Report 2001 - 2002 Our Mission The mission of the V.I.P. Program is to promote quality volunteerism in the St. Louis Park School District. The program recruits volunteers and ensures that they are screened appropriately, receive the correct placement, appropriate training and orientation, supervision, evaluation, ongoing support and recognition. Executive Summary Volunteers provide service to learners and staff in the St. Louis Park School District. Through enrichment, reinforcement and support of the curriculum, volunteers give a strong message that education is important and that each learner is important. Volunteers also serve as excellent role models for community service. They are other caring adults who provide support. The work of the volunteers in the “formal” volunteer positions through the V.I.P. Office is addressed in this report. The dollar value for volunteer service recently increased to $16.05 per hour as reported by the Independent Sector. This rate is based on the hourly earnings for private non-agricultural workers as determined by the U.S. Bureau of Labor statistics. That figure is then increased by 12% to estimate fringe benefits. The estimated dollar value of volunteer services through the V.I.P. Office is $161,446.95. St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 5 of 8 Volunteer Programs BookNook This program was designed to celebrate the best of children’s literature. Volunteers brought several collections of books to the classroom throughout the year and read these books to students on a regular basis. # of volunteers - 493 # of students -1200 # of classes - 48 # of hours - 1892 Classroom VIPs (includes the former grandparents) By working in the classroom these volunteers provided enrichment or reinforcement of the classroom curriculum. Most volunteers were in the school once a week helping students in the areas of reading, writing or math. # of volunteers - 84 # of students -1500 # of classes - 60 # of hours - 2874 ELL (English Language Learners) Volunteers Volunteers helped students practice their English verbal and written skills. They also assisted students in learning about American culture and customs. # of volunteers - 29 # of students - 67 # of hours – 680 Mentorships Volunteers met with students individually or in a group serving as positive adult role models and listeners as they explored a variety of interests and issues important to the students. # of volunteers - 52 # of students - 85 # of hours - 714 Band Volunteers at Jr. High Community members joined the band class for regular practice. # of volunteers -3 # of students - 25 # of hours -100 Resource Speakers Volunteers enriched the classroom curriculum by sharing their hobby, career or special interest with students. # of volunteers – 40 # of presentations – 105 # of hours – 220 St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 6 of 8 Project Respect Volunteers were trained to present four lessons that aimed to teach students to value themselves and others and to learn the responsibility of being a friend. The program was at Peter Hobart School. (Aquila has the ACT program.) # of volunteers – 4 # of classrooms – 4 # of presentations – 16 # of students – 100 # of hours - 32 Art Appreciation Volunteers were trained to teach six lessons in art appreciation to children in grades K-6. Famous Artists was the theme of this year’s curriculum. # of volunteers - 65 # of classrooms - 95 # of students - 2375 # of presentations - 570 # of hours - 1635 Music Testing Volunteers helped music teachers with testing students, scoring and recording results. # of volunteers – 16 # of hours – 55 BRAVO! Classical music was the focus of the BRAVO! Program for grades 1-3 at Peter Hobart and Aquila. A music background was a requirement for BRAVO! volunteers. They were trained to teach six lessons that focused on classical music and composers. # of volunteers - 20 # of classrooms - 30 # of students - 750 # of presentations - 180 # of hours - 600 Bus with Us Volunteers rode school buses during the first three days of school. # of volunteers - 42 # of hours - 144 Event Judges Volunteers played a key role in several High School programs by serving as judges or interviewers for DECA, Business Professionals Day, History Day and other Senior High programs. # of volunteers - 44 # of hours - 163 High School Media Center Inventory In May, volunteers helped the High School Media Center staff by conducting an inventory of over 26,000 items. # of volunteers - 12 # of hour - 75 St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 7 of 8 Adult ELL and GED programs Providing extra one to one help and extra language practice for students in Community Education’s adult classes was the goal of these dedicated volunteers. # of volunteers - 25 # of hours – 875 Hours included training, preparation and class time. Some of the hours were estimated. - Volunteer Coordinators assisted the teacher in placing 47 students who worked in the elementary schools through the Community Service program. - Additional volunteers are involved in parent teacher organizations, district advisory councils and Youth Development Committee. …..About the Volunteer Program • Volunteers are parents, business people, high school students, retirees, community members and university students. They are recruited through advertisements, direct mail and word of mouth. • Before a volunteer is placed in the school through the volunteer office a risk management process is put into place. Volunteers are required to complete an application and list two references. Both references are checked. The only volunteers who are not required to complete any application are parents who are working directly in their child’s classroom. (Parents who work one to one with a student outside the classroom, ELL volunteers, mentors and tutors do complete the application.) Resource speakers are not required to complete an application. St. Louis Park staff retirees who return to school to volunteer within 5 years do not go through the screening process. St. Louis Park Staff retirees returning after 5 years of retirement participate in the formal screening process. • Volunteer coordinators provide training and orientation after the screening process is completed. They then place volunteers, offer ongoing support, evaluate the placement and plan recognition. Volunteers are supervised by the staff for whom they are working. • The volunteer office recognizes volunteers throughout the year. This year, volunteers received a thank you note and coupons (from area businesses) during Volunteer Recognition Week. Volunteers were treated to notepads and candy throughout the year. A special workshop was held in January. The topic was “Eight Steps to an Organized Life”. St. Louis Park City Council Agenda Item: 080502 - 2c - Report on SLP Volunteers Page 8 of 8 • • The V.I.P. Advisory Council meets regularly to share information and discuss issues related to the volunteer programs. Council members represent different schools and volunteer programs. Members of the V.I.P. Advisory Council for 2001-2002 were: Debi Becker Mary Bentley Susan Benus Anita Kramer Jim Lanenberg Deb Sparling Yvonne Thomas Sarah Zubke Karen Davidman Terri Johnson Sarah Krzesowiak Volunteers in the Park is a program in the department of Community Education St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 1 of 8 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 15, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Ms. Poehler); Community Development Director (Mr. Harmening); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms. Erickson); Associate Planner (Ms. Grove); Director of Public Works (Mr. Rardin); City Engineer (Ms. Hagen); Director of Inspections (Mr. Hoffman); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Proclamation for Duck Soup Day Mayor Jacobs presented a Proclamation for Duck Soup Day. Members of the Duck Soup Tournament Committee presented a check to the Mayor for the Parks and Recreation Department. During its 21-year history, the Duck Soup Organization has awarded over $58,000 in scholarships and grants. The Mayor and City Council have declared August 24th to be Duck Soup Day. 2b. Presentation of Annual Report by St. Louis Park Charter Commission Paul Carver, Chair of the St. Louis Park Charter Commission, presented the Annual Report of the St. Louis Park Charter Commission. Commissioners David Johnson and James Schaefer, as well as Commissioner and Secretary Carol Walsh were also present. Chair Carver recognized staff liaison and Deputy City Manager Clint Pires. Chair Carver encourages individuals to get involved with the Charter Commission by contacting a Charter Commissioner, Clint Pires at City Hall, or Chief Judge Kevin Burke. 3. Approval of Minutes 3a. City Council Minutes of July 1, 2002 St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 2 of 8 From Councilmember Latz: Item 7c, Paragraph 7—add: in accordance with Council bylaws immediately following limit address to 10 minutes. From Councilmember Latz: Item 7c, Paragraph 9—after Mohlers add: as their attorney. 3b. City Council Study Session minutes of June 24, 2002 From Councilmember Sanger: Item 3—add: Councilmember Sanger asked about some projects that were not included in the draft CIP, such as a bike trail connection over the Burlington Northern tracks, and it was agreed these would be reviewed in conjuction with expansion plans for Highway 100. 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 It was moved by Councilmember Latz, seconded by Councilmember Nelson, to approve the agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Velick, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. 1. Approve Ordinance No. 2228-02 regarding text amendments to allow garage sales in residential districts, approve summary ordinance and authorize publication. 2. Accept Housing Authority Minutes of June 12, 2002 for filing. 3. Accept BOZA minutes of May 23, 2002 for filing. 4. Adopt Resolution No. 02-068 approving Change Order No. 2 with Hardrives, Inc. for the construction of additional streetscape improvements for the West 38th Street entrance into the Minikahda Vista Neighborhood. Contract No. 35-02 with Hardrives, Inc. in the amount of $67,997.20. 5. Motion to accept vendor claim report for filing. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 3 of 8 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. City Engineer’s Report: 2002 Sidewalk & Trail Improvement Project– Project No. 02-01. Resolution No.’s 02-069 and 02-070 City Engineer Maria Hagen presented a report regarding the 2002 Sidewalk Program construction of various sections of new sidewalk in accordance with the City’s sidewalk, trails, and bikeway plan. Some of the issues involved include: Ford Road and Shelard Parkway, a limited right of way near Coach Homes; removal of several lilac bushes; residents of Coach Homes I desire installation of a fence by their contractor rather than by a City contractor; a guarantee regarding the survival of Coach Home trees; near Coach Homes II, residents are concerned about a significant loss of trees in their right of way; Staff is recommending the bituminous trail be narrowed to six feet where possible to maintain some of the mature trees; and Coach Home signs to remain in the existing right of way. Ms. Hagen reported the trail will be signed where it narrows, and Parks and Recreation Director Cindy Walsh has requested the trail be stripped down the center as well to delineate traffic direction. The following residents of Coach Homes were present: Sue Davies, Sharel Hella, and Sandy Huber. Ms. Davies, who serves on the Board of Directors of Coach Homes, addressed the Council. Ms. Davies is pleased to hear that Coach Homes may be able to use their contractor. Ms. Davies recommends that if the lilac bushes require substantial cutting, they be moved farther back. Ms. Davies asked about tree replacement, if trees should die. Ms. Hagen said the City will replace trees that are removed but with smaller trees. Ms. Hagen said the lilac bushes may require only minimal trimming, and she will work with Coach Homes. It was moved by Councilmember Velick, seconded by Councilmember Sanger, to adopt Resolution No. 02-069 accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk; and to adopt Resolution No. 02-070 relating to installation of parking restrictions on W. 28th Street, from Texas Avenue to Louisiana Avenue (south side), Louisiana Avenue to Dakota Avenue (north side), and Blackstone to Brunswick Avenue (north side). The motion passed 7-0. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 4 of 8 Mayor Jacobs complimented Ms. Hagen and Staff for their excellent work in adhering to the policies Council set forth in regard to the sidewalk and trail plan and Staff’s flexibility and willingness to work with the residents. 7b. Request of Vernon Partnership LLC for Final Plat (Homes of Vernon Oaks) at 2601 Vernon Avenue S. Case No. 02-06-S Resolution No. 02-071 Planning Coordinator Judie Erickson presented a report regarding final plat for Homes of Vernon Oaks. Ms. Erickson said a neighborhood meeting was held on June 18th to discuss the drainage issues, and seven residents were in attendance. Ms. Erickson said the drainage pond will replace all of the drainage lost on the parcel. A trail will connect Vernon Avenue to a pedestrian bridge that crosses Highway 100. The final landscape plan proposes to replace 276 caliper inches, and the remaining 686 caliper inches will be replaced with a cash contribution that is equal to $90.00 per caliper inch. Ms. Erickson reported that the Applicant’s consultant said there is no wetland on the parcel, however, the Minnehaha Creek Watershed District (“MCWD”) found a small wetland, less than 2,000 square feet, on the property. Because the wetland is less than 2,000 square feet, the Applicant will not be required to replace the wetland when it is filled. Councilmember Nelson asked if a wetland is removed, is it better or worse for the peat condition. Ms. Hagen responded that it probably does not affect the peat condition because peat expands and contracts regardless of significant water volume, the amount of rainfall is probably more likely to affect peat conditions; and the storage pond is necessitated by MCWD requirements, as well as City requirements, that it contains the amount of runoff that comes from their site. The small wetland will be replaced by the storage pond for water quality and quantity. Councilmember Sanger asked how many curbcuts will be made, and Ms. Erickson said there will be six, one for each home, and all of the curbcuts will be on a straight portion of the street. Councilmember Sanger asked about the amount of open and green space on the plats. Ms. Erickson said the condominium plats meet the open space requirements for single and multi-family housing. Planning and Zoning Supervisor Janet Jeremiah said there is a 600-foot open space requirement per lot that must be met with a minimum dimension of 20 feet and that is being met, and exceeded, in the rear of the buildings and it does incorporate the area from the back of the homes to the common property line. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 5 of 8 Councilmember Sanger asked if this parcel would fit six single family homes if the units were to be treated as six single family homes, and Ms. Erickson responded yes. Councilmember Sanger asked what remedies may exist for adjacent property owners if their properties are negatively impacted. Community Development Director Tom Harmening said, in the resolution, there is a development contract; Ms. Jeremiah said a surety is covered for any such damage; and City Attorney Ms. Poehler said the development contract excludes the City from liability, the developer is held liable if damage is done due to the development. Jay Hill, Oliver and Associates, is the engineering and surveying consultant on this project. Mr. Hill said the MCWD did a review on the site and, according to Mr. Hill, the MCWD reported there is no problem with going forward on the project. Mr. Hill is waiting for the MCWD’s final document. Scott Morgeson, 2558 Vernon Avenue South, is most concerned about the lack of tree replacement, and what recourse will be available if there is water damage. Mr. Morgeson thinks parking on both sides of the street would be unsafe, and the addition of six homes makes for an undesirable level of density. Mr. Morgeson asked the Council to consider not approving the resolution. Councilmember Latz asked what discretion the Council has to deny the resolution, and Ms. Poehler said if the Council determines that the Applicant meets all of the City subdivision requirements, then Council has no discretion to deny. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 02-071 granting final plat of homes of Vernon Oaks at 2601 Vernon Avenue S., Case No. 02-06-S subject to conditions included in the resolution. Councilmember Sanger is reluctant to support this project, and she will reluctantly vote approval. Councilmember Nelson asked if this site is located on peat. Mr. Hill said soil borings were done on the southern three-quarters of the site and some spots were found to contain areas of peat that were two to three feet deep. Mr. Hill said organic materials will be removed before construction and filled. Mr. Hill reported an independent company will monitor and perform compaction tests, and those reports are available to the City. Ms. Erickson said the City requires that soil borings be done in each corner of the buildings before construction begins, and if anything in the borings indicate pylings are required, then the developer must comply or no building permit would be issued. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 6 of 8 Mr. Hill said if peat is found in the pond area, the pond will be over-excavated and lined with clay to separate the water that gets into the pond from the surrounding peat layers that would affect the homes. The motion passed 7-0. 7c. The request of Costco Wholesale for a minor amendment to the approved Planned Unit Development for Park Place Plaza to permit a minor expansion of the Costco liquor store at 1625 Zarthan Avenue Case No. 95-51-PUD (Amended) Resolution No. 02-072 Ms. Jeremiah presented a report regarding Costco’s request for a minor addition to the liquor store located on the north side of their building. To the resolution, Item 12(d), Ms. Jeremiah and Staff are recommending the following language be added: In the event that any signal arms are found to be on private property, appropriate easements shall be recorded against the private property. Ted Johnson, 2311 West 22nd Street, Oakbrook, IL, is President of Design Strategies and Midwest Development Manager for Costco. Mr. Johnson said the fueling facility and related driveway modifications are currently under construction, and he has been informed that the fueling facility, driveway modifications, and cart corals for Home Depot will be in place by mid-September. Currently, there is no schedule for the liquor store addition because Costco is waiting for City Council action, but most likely the liquor store addition will be started in Spring 2003. Mr. Johnson said he has copies of the temporary and permanent easements obtained by Costco in regard to the traffic signals on the north side of 16th Street. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve Resolution No. 02-072 amending the Park Place Plaza Planned Unit Development to allow a minor expansion of the Costco liquor store subject to the conditions included in the resolution, and amended with the additional language suggested by Staff. The motion passed 7-0. 7d. Request by Beltline Industrial Park, Inc. for Preliminary Plat approval for Wolfe Lake Professional Center and Preliminary Planned Unit Development approval to redevelop the northwest quadrant of Beltline Boulevard and West 36th Street for two office/retail buildings. Case Nos. 02-32-S and 02-31-PUD, northwest quadrant of Beltline Boulevard and West 36th Street. Resolution No.’s 02-073 and 02-074 City Manager Charlie Meyer introduced Associate Planner Julie Grove. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 7 of 8 Ms. Grove presented a report regarding the replat and preliminary PUD for the redevelopment of the site for Beltline Industrial Park. Ms. Grove said on June 19, 2002 the Planning Commission recommended approval of the proposal. Ms. Grove said the revised plans include proof of parking and, in the event of the future sale of the lot, a condition of approval will include that a parking easement be developed for the proof of parking. Sidewalks will be added along Beltline Blvd. and Raleigh Avenue. Ms. Grove reported that there is a 15-foot easement running along the southern property line north of West 36th Street, and the Planning Commission and Staff recommend this right of way be dedicated to the City; the developer has amended the preliminary plat to reflect this recommendation, however, there are some issues regarding an easement from 1975 for this right of way that needs to be worked out. John McCain, 3440 Beltline Blvd., mentioned some issues associated with this redevelopment. In regard to the dedication of the right of way, Mr. McCain said he is waiting for a response from the City Assessor regarding a reduction of taxes based on the amount of land that was taken. Mr. McCain asked if the bufferyard for the mailboxes and bank, which is adjacent to an industrial area, necessary. Ms. Jeremiah said she will find out if it is absolutely necessary. Mr. McCain said he does not care for the architectural wall and industrial screening in the service area of the building, and he thinks landscaping would be sufficient as opposed to building a 10-foot wall. Ms. Jeremiah said Staff would prefer that loading take place from the parking lot and be separated from the sidewalk by a curb to prevent large vehicles from using it. Mr. McCain asked who is responsible for sidewalk maintenance. Ms. Jeremiah said at this time it is open. Mr. Meyer said City ordinance generally requires property owners to maintain their sidewalks, however, certain streets are designated by the City Council as city sidewalks that the City will maintain. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-073 approving the preliminary Plat of Wolfe Lake Professional Center,and Resolution No. 02-074 approving preliminary Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code relating to Zoning, subject to conditions included in the resolutions. Councilmember Sanger inquired about post office service disruption and increased traffic. Mr. McCain said there will not be an interruption in post office service, and there will be a decrease in traffic because the only mail that will be delivered on this site is mail for PO boxes only. An unidentified speaker requested Conditions 2(d) and 2(f) be deleted from the resolution. Councilmember Nelson said he will not amend the motion, Staff and the developer can work on those items and they can be addressed at the final plat and final PUD discussion. St. Louis Park City Council Agenda Item: 080502 - 3a - Council Meeting Minutes July 15 Page 8 of 8 The motion passed 7-0. 7e. Request of Bruce Dachis for a zoning ordinance text amendment regarding pool houses in the R-1 single-family district. Case No. 02-24-ZA Ms. Jeremiah presented information regarding pool houses in the R-1 single-family district. Applicant Bruce Dachis was present to answer questions. It was moved by Councilmember Sanger, seconded by Councilmember Latz, to approve First Reading of the zoning ordinance text amendment and set Second Reading for August 5, 2002. The motion passed 7-0. 7f. Second Reading of zoning ordinance text amendments regarding detached garages and other accessory structures/uses. Case No. 02-24-ZA It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to defer this item to a Study Session to a date uncertain. The motion passed 7-0. 8. Boards and Commissions--None 9. Communications--None 10. Adjournment Mayor Jacobs adjourned the meeting at 10:25 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 080502 - 3b - Study Session Minutes August 12 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION July 22, 2002 The meeting convened at 7:00 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Chris Nelson, Sally Velick, Susan Santa and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Finance Director (Ms. McGann); Community Development Director (Mr. Harmening); Housing Supervisor (Ms. Schnitker); Economic Development Coordinator (Mr. Hunt); and City Clerk (Ms. Reichert) 1. Update on 2401 Edgewood Ave S Mr. Hunt presented an overview of the issue stating that staff has learned that the site may have contamination issues related to the previous owners. He also stated that adjacent city property and other privately owned property may be contaminated as well. He introduced Mr. Bob Lindall of Kennedy and Graven and Mr. Tom Mialow of Angel Environmental Management Mr. Mialow explained to the council the nature of the suspected contamination and also indicated that the current property owner the MPCA and the EPA had received a privately prepared report which, in Mr. Mialow’s opinion, was not based upon sound scientific testing procedures. Mr. Harmening suggested that in light of the poor information that report had provided to the MCPA and the EPA, it would be in the city’s best interest to conduct additional testing and provide more detailed information to the parties involved. He also siggested that the city join the MPCA’s Voluntary Investigation and Cleanup Program (VIC). After discussion council directed staff to proceed with appropriate testing and discussion with other potentially affected property owners. Council also directed staff to proceed with the steps necessary to participate in the MPCA VIC Program. 2. Joint Housing Meeting Mr. Harmeining presented a brief overview of the recent history of council discussions about a proposed joint meeting of the Planning Commission, Housing Authority and City Council regarding housing issues. St. Louis Park City Council Agenda Item: 080502 - 3b - Study Session Minutes August 12 Page 2 of 3 Councilmember Santa indicated that she did not want discussions to be too broad as it would be difficult to establish meaningful policies without focused discussion on the various aspects of SLP’s housing programs. Mr. Meyer agreed that the purpose of the discussions should be to produce specific policies to guide council in future decision making processes. Councilmember Santa also felt is was most appropriate to establish definitions early in the process before discussions take place. She pointed out the difficulty in effectively communicating ideas if terms have different meanings for different persons engaged in the discussion. Councilmember Brimeyer felt it was important to include information from the 2000 census data. He also suggested that Council should involve other stakeholders in the community such as representatives of the Business Council. He felt that a series of discussions would be most helpful and encouraged staff to also build time for casual discussion and social time into the agendas. This would provide for greater interaction with parties that may feel intimidated by the more outspoken members in the formal discussions. He suggested a process similar to that used by the Vision SLP groups. Mr. Meyer stated that the council’s current Strategic Plan for Housing is too general for practical use and a series of discussions would be helpful to create a new strategic plan that could better serve the council. Ms. Schnitker informed the council that the Metropolitan council is currently running programs to raise awaremenss about housing issues and to integrate findings from the 2000 census into the Met Council’s projections and other date. The SLP Council discussions would be a suitable complement to that process. Mr. Harmening indicated that staff would move forward with designing a process and format for the discussions and would bring their plan back to the council at a future date. 3. 2003 Budget Update Ms. McGann was present at the meeting to provide information about the 2003 proposed budget, tax levy and the proposed HRA levy. Council directed staff to keep the prposed levely increase at 3% and to continue the HRA levy implemented in 2002 for fiscal year 2003. Councilmembers also expressed their support for the addition of positions in Information Technologies. 4. City Council Retreat/Development St. Louis Park City Council Agenda Item: 080502 - 3b - Study Session Minutes August 12 Page 3 of 3 Council discussed implementing an on-going organizational development program that would replace their annual Council retreat. Discussions regarding various topics would be held on a quarterly basis in lieu of the council’s regularly study session. Some sessions would be led by the City’s Organizational Development Coordcinator, Bridget Gothberg, and others would be led by consultants, depending on the topic. After some discussion council directed the City Manager to proceed with planning for the program. 5. Railroad Crossings Councilmember Nelson raised the issue of the poor condition of railroad crossings in the city and the apparent lack of interest in maintaining them displayed by railroad companies that are responsible for their maintenance. Mr. Meyer suggested that the repair process may be facilitated if the city were to agree to particpate in funding the repairs. After discussion council agreed that it was in the best interest of city to partipate in funding the repairs. 6. Communications Ms. Reichert informed the council that there may be changes to the format of the agenda for the upcoming meeting. Councilmember Velick requested that the ward numbers which had been missing from new residents lists for the past several months be reinstated into the format of the list. 7. Adjournment The meeting was adjourned at 9:32 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 080502 - 4a - Appoint Election Judges Page 1 of 5 4a Motion to adopt a resolution appointing election judges for the Primary and General Elections to be held September 10 and November 5, 2002. Background: Minnesota Statutes and City Charter require that election judge appointments be made at least 25 days before the election at which the election judges will serve. The attached resolution contains the names of individuals who have been selected to serve as election judges at this fall’s primary and general elections. The City Clerk’s office has completed updating and verifying the City’s election judge availability list. All individuals who have previously served as an election judge, were on the list submitted to the County Auditor by the major political parties, or have expressed an interest in serving as an election judge were sent a questionnaire and application to determine their interest, availability and qualifications. Desire to serve as an election judge is growing in our community. A recent legislative change which allows citizens to serve as judges without a loss in pay is providing us with a greater pool of workers to choose from, many of which are experienced in operation of computers and in managing personnel in the workplace. We received applications from 252 persons this year and were able to place 156. Selection was made based upon the attached criteria. St. Louis Park will again be working with the city’s two senior high schools to recruit student election judges after school starts this fall. Council’s action on this resolution will serve to appoint judges for both the primary and general elections and training of judges for both elections will proceed almost immediately. Another resolution will be presented to Council in early October to appoint student judges and to make adjustments in staffing that may be necessary prior to the general election. Additional training sessions will also be held in late October for student judges and other judges unable to attend the August sessions. Attachments: Resolution Appointment Criteria Prepared by: Cindy Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4a - Appoint Election Judges Page 2 of 5 ELECTION JUDGE PLACEMENT CRITERIA 2002 Election Year Statutory Requirements: • Live in Hennepin County • Party Balance at Polls • Qualified to Vote in the Election Required Qualifications for Election Judge: • Ability to sit or stand for long periods of time • Ability to understand and follow City, County, State and Federal election laws, regulations and procedures • Ability to interact appropriately with the public, co-workers and election staff • Ability to clearly communicate rules, regulations, answer questions and resolve problems and conflicts Required Qualifications for Chair and Co-Chair: • Ability to supervise and direct activities of others in the polling place • Ability to interpret rules and procedures and apply in practical situations • Experience operating computerized equipment • Ability to maintain composure and focus in stressful situations • Ability to resolve problems and conflicts Other Considerations: • Resident of St. Louis Park • Appointments made to home precinct when possible • Past performance in the polling place • Comments received from public and co-workers in previous elections • Completeness and legibility of application materials • Placement of experienced SLP judges is based on qualifications and past performance • Placement of new judges is based upon qualifications and a telephone or in-person interview St. Louis Park City Council Agenda Item: 080502 - 4a - Appoint Election Judges Page 3 of 5 RESOLUTION NO. 02-______ A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS OF 2002 WHEREAS, Primary and General Elections will be held on September 10 and November 5, 2002 and the City must appoint judges no later than 25 days before each election by resolution of the City Council: NOW THEREFORE BE IT RESOLVED, that the following persons have agreed to serve as election judges and are hereby appointed to serve. ELECTION JUDGES Parties: (D)=Democrat (R)=Republican (G)=Green (I)=Independence Ward 1 Precinct 1 Benilde/St. Margaret’s High School Schoen Lou Chair (D) Steege Richard Co-Chair (R) Engleson June I. Judge (R) Goede Ervin Judge (R) Jonas Dr. Herbert Judge (D) Kahm Jane Judge (D) Leader Jackie Judge (I) Ruhl Barbara Judge (I) Stranik MaryKay Judge (D) Sutey Barbara K. Judge (I) Ward 1 Precinct 2 Peter Hobart Primary Center Kusnetz Robert Chair (I) Rheinhart Ethel Co-Chair (R) Bagloo Ira Judge (G) Harris Tracey D. Judge (I) Hinz Todd Judge (G) Muszynski Mary Ann Judge (D) Nerheim Constance Judge (R) Vaughan Joan Judge (D) Ward 1 Precinct 3 Groves Academy Sorenson Beverly Chair (I) Bratland Rose Co-Chair (G) Karvonen Lois Co-Chair (D) Gormley Maureen Judge (G) Ahrens Cynthia Judge (D) Cox JoAnn Judge (I) Hilgers Peggy Judge (D) Marsden Rick Judge (D) Meyer Connie Judge (I) Ward 1 Precinct 4 Groves Academy LaPray Jami Chair (I) Novotney Dolores Co-Chair (D) Beeghly Grace Judge (R) Malcomson Nanette Judge (D) Becker Donald Judge (R) McGown Joyce Judge (D) Paul Mary A. Judge (I) Welter Dorothy Judge (R) Ward 1 Precinct 5 City Hall Berthene Sandra Chair (D) Gleekel Barbara Co-Chair (I) Morris Gloria Judge (I) Polach Janet Judge (D) Robins Sari Judge (I) Vitale Kristine Judge (R) Wallentine Sandra Judge (D) Walsh Carol Judge (D) St. Louis Park City Council Agenda Item: 080502 - 4a - Appoint Election Judges Page 4 of 5 Ward 2 Precinct 6 City Hall Juntunen Jan Chair (I) Ross Louise Co-Chair (D) Brehmer David Judge (R) Larson Sue M. Judge (D) Schroeder Vernette Judge (I) Shannon Roberta Judge (I) Tucker Linda Judge (D) Stanchfield Phyllis B. Judge (I) Ward 2 Precinct 7 SLP Rec Center Wagner Catherine Chair (D) Plumeri Margaret Co-Chair (R) Eidson Jane Judge (D) Keedy Joanne Judge (R) Kobe Logene Judge (I) Benda Beatrice Judge (D) Laird Marilyn Judge (R) Rasmussen Ruth Judge (R) Varner Sim E. Judge (D) Ward 2 Precinct 8 Susan Lindgren Intermediate Center Bloom Jon Chair (D) Roth Steven Co-Chair (I) Manuel Julie Anne Judge (I) Theissen Katherine Judge (D) Tursich Ernest Judge (R) Walwark Sarah Judge (R) Welch Rita Judge (R) Cox David Judge (D) Ward 2 Precinct 9 Aldersgate United Methodist Church Carlson Donna Chair (I) Ranelle Michelle Co-Chair (R) Bjorgaard Deb Judge (D) Campbell Mary Judge (D) Karnitz Esther Judge (I) Larson David Judge (R) Linder Juanita Judge (D) Moxham Florence Judge (G) Seaburg Jean Judge (I) Ward 3 Precinct 10 Prince of Peace Lutheran Church Tape William Chair (D) Deane Betty Co-Chair (I) Brown Jacob Judge (D) Byrd Kathleen Judge (R) Haskvitz Dorothy Judge (I) Hill Geraldine Judge (I) Johnson Carol Judge (D) Magdziarz-Rainey William Judge (R) Nelson LaVay Judge (D) Ward 3 Precinct 11 SLP Senior High School Nelson Dorothy Chair (I) Nelson Mabel Co-Chair (D) Berberoglu Linda Judge (D) Cornelius Jane Judge (R) Evers Betty Lou Judge (I) Galbraith Ardis Judge (D) Nalezny Lois C Judge (I) Noyes Patsy Judge (R) Ward 3 Precinct 12 Lenox Community Center Otterblad Patricia Chair (R) Meyers Sally Co-Chair (I) Berglund Brenda Judge (D) Holden Agnes Judge (I) Lawless Agnes Judge (D) Lindberg Edna Judge (R) Smits George Judge (R) Yanari Kimi Judge (D) Ward 3 Precinct 13 Aquila Primary Center Williams Michael Chair (I) Anderson Mary Co-Chair (R) Belleau Laurie Judge (D) Cichosz Joan Judge (D) Finnerud Chester Judge (D) Grove Henry Judge (R) Kasan Edward Judge (R) Kurtz J. Hamilton Judge (R) Stapleton Kris Judge (G) St. Louis Park City Council Agenda Item: 080502 - 4a - Appoint Election Judges Page 5 of 5 Ward 4 Precinct 14 Westwood Lutheran Church Stulberg Jean Chair (D) Posz Albert Co-Chair (R) Larson Sharon Judge (I) Lipson Harvey Judge (D) McConnell Paul Judge (I) Strand Roger Judge (R) Tanick Paul Judge (D) Wheeler Mary Judge (R) Ward 4 Precinct 15 Peace Presbyterian Church Martens Brenda Chair (R) Disch Bob Co-Chair (D) Rubinstein Esther Co-Chair (D) Bierma Shirley Judge (I) Bjoraker Erik Judge (R) Skelton Bonnie Judge (D) Solarz Dan Judge (G) Stanchfield Sherm Judge (R) Ward 4 Precinct 16 SLP Junior High School Christensen Mary Lou Chair (I) Hartman Michele Co-Chair (D) Dull Carolyn Judge (G) Evers Carol Judge (I) Halverson Gretchen Judge (D) Lieberman Marvin Judge (I) Palm Patricia Judge (R) Plovnick Ross Judge (D) Schlaifer Dolores Judge (G) Ward 4 Precinct 17 Eliot Community Center Desens Helen Chair (G) Max Marilyn Co-Chair (I) Karvonen Lois Judge (D) Conati Chris Judge (R) Stalling Geri Judge (D) Dell Ed Judge (I) Nelsen Susan Judge (I) Slocum Steve Judge (D) Stalling Geri Judge (D) Absentee Ballot Board Kurtz Kirsten Chair (R) Aslakson Barbara Judge (G) Benson Maxene Judge (D) Berlin Nancy Judge (D) Ploof Patricia Judge (R) Alternates White Ron (R) Plitman Florine (I) Kramer Mavis (R) Siegle Anne (D) Warner Terry (R) Chi Esther (D) Held Michael (R) BE IT FURTHER RESOLVED that the effective date of this resolution is September 10, 2002. Reviewed for Administration: Adopted by the City Council August 5, 2002. City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 4b - Holy Family Liquor License Page 1 of 1 4b. Motion to approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, October 5 & 6, 2002, 5900 & 5925 West Lake Street, St. Louis Park Background: The Holy Family Fall Festival is an annual event sponsored by the Holy Family Church, at 5900 & 5925 West Lake Street. Staff has administratively approved all required permits for the event, with the exception of the Liquor License which must be approved by Council. Police Investigation The principals were investigated and no record or warrants were found. Prepared by: Cynthia Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4c - Holy Family Temp Parking Page 1 of 1 4c Motion to adopt a Resolution approving Temporary Parking Restricrtions for the Holy Family Fall Festival - Lake Street between Zarthan and Alabama Avenues October 5 & 6, 2002. Background: The Holy Family Church will conduct its annual Fall Festival on October 5th and 6th and has applied for a temporary parking restriction on Lake Street between Zarthan and Alabama Avenues. The Festival is an annual event sponsored by the Holy F amily Church, at 5900 West Lake Street. Attachments: Resolution Prepared by: Cindy Reichert Approved by: Charles W. Meyer, City Manager RESOLUTION NO. 02- A RESOLUTION AUTHORIZING TEMPORARY PARKING RESTRICTIONS ALONG LAKE STREET BETWEEN ZARTHAN AND ALABAMA AVENUES DURING THE HOLY FAMILY FALL FESTIVAL BE IS RESOLVED by the City of St. Louis Park City Council that the Director of Public Works is hereby authorized to install the following controls: To restrict along both sides of Lake Street between Zarthan and Alabama Avenues on October 5th and October 6th, 2002 Reviewed for Administration: Adopted by the City Council August 5, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 4d - Kossa Final Payment Contract 102-01 Page 1 of 1 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON CITY WIDE RANDOM SIDEWALK REPAIR CITY PROJECT NO. 01-02 CONTRACT NO. 102-01 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated September 24, 2001, Ron Kassa Construction, Inc. has satisfactorily completed the City wide random sidewalk repair as per Contract No. 102-01. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council August 5, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 4e - Three-way stop at Zarthan & I-394 Page 1 of 2 4e Traffic Study No. 561: Motion to rescind Resolution No. 02-063; and to adopt traffic controls as recommended in Traffic Study No. 561 & authorizing installation of a 3-way stop at the intersection of the south frontage road of I-394 and Zarthan Avenue. Background: At the June 17, 2002 Council meeting, the Council considered parking and signage modifications in the vicinity of the 16th Street & Zarthan Avenue area. At that meeting, the council modified the resolution to install a single Stop sign at the intersection of the frontage road of I-394 and Zarthan Avenue, rather than the proposed three-way stop. After further investigation, staff determined that this three-way stop was a condition of the Minnesota Department of Transportation State Aid approval for this intersection project. The three-way Stop condition was required by Mn/DOT because the intersection did not meet minimum required curve radii and cross slope requirements. The curve must meet a 30-mph minimum design speed with appropriate cross slopes. A 30-mph curve would not fit within the available right-of-way so a lesser-designed curve was approved by Mn/DOT with a Stop condition. Recommendation: It is recommended the City Council rescind Resolution No. 02-063 and adopt revised traffic controls as recommended in Traffic Study No. 561 authorizing installation of a 3-way stop at the intersection of the south frontage road of I-394 and Zarthan Avenue. Attachments: Proposed Resolution Prepared By: Carlton B. Moore, Superintendent of Engineering/ Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4e - Three-way stop at Zarthan & I-394 Page 2 of 2 RESOLUTION NO. __________ RESOLUTION RESCINDING RESOLUTION NO. 02-063 AND ESTABLISHING PARKING RESTRICTIONS AT THE INTERSECTION OF ZARTHAN AVENUE SOUTH AND THE SOUTH SOUTH FRONTAGE ROAD OF I-394 TRAFFIC STUDY NO. 561 WHEREAS, the City of St. Louis Park, Minnesota has conducted Traffic study No. 561 and has determined that traffic controls are necessary at the intersection of Zarthan Ave S and the South Frontage Road of I-394; and WHEREAS, it has been determined through this study that Resolution No. 02-063 does not adequately provide for this controls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 02-063 is hereby rescinded; and LET IT BE FURTHER RESOLVED THAT the Director of Public Works is hereby authorized to install the following controls: 1. “No-parking anytime” along the south side of the south frontage road of I-394 from a point 200 feet east and 200 feet west of its intersection with Zarthan Avenue. 2. “No-parking anytime” along the east and west sides of Zarthan Avenue from its intersection with the south frontage road of I-394 to a point 200 feet south of W. 16th Street. 3. “No parking Monday – Friday 7 a.m. – 6 p.m. except holidays” (west side only) along the east and west sides of Zarthan Avenue from a point 200 feet south of W. 16th Street to a point 130 feet north of Cedar Lake Road. 4. 3-way stop signs at the intersection of Zarthan Avenue and the south frontage road of I-394. Reviewed for Administration: Adopted by the City Council August 5, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 1 of 12 4f. Motion to approve the revised joint use agreement with the City of Minnetonka to jointly operate Ford Park Background The current agreement between the City of St. Louis Park and the City of Minnetonka was created in 1968 to jointly operate Ford Park. The current agreement gives ownership and maintenance of the park to St. Louis Park as the majority of users were from the Kilmer neighborhood. Most of the area around Ford Park, located in the City of Minnetonka, had not yet been developed at the time of the agreement. Staff from both cities have been working together to revise the agreement to clarify the maintenance and long term improvements at the park. The Parks and Recreation Advisory Commission has reviewed this and is in favor of changing the agreement. The Revised Agreement The intent of the revised agreement is to clearly define maintenance responsibilities, costs associated with those responsibilities, and long-term improvements. The revised agreement will still allow the two cities to work together in order to provide recreational opportunities for their respective residents. The revised agreement also reflects the current population ratio between the two cities. Within the Ford Park service area, there are approximately 248 St. Louis Park residents and approximately 801 Minnetonka residents. The Kilmer neighborhood uses this park as their neighborhood park since the highways of 169 and 394 make it difficult for that neighborhood to use other parks. It is important for the City of St. Louis Park to share the responsibility for maintenance and improvements so a safe and well-maintained park can serve our residents. Tom Scott, City Attorney, has revised the agreement and a copy of the amended agreement is attached. The City of Minnetonka will also be adopting this revised agreement at an upcoming City Council meeting. St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 2 of 12 The chart below describes the current agreement and proposed agreement changes. Current Agreement Proposed Agreement Ownership 50/50 cost share between St. Louis Park and Minnetonka. To remain the same as the current agreement (50/50). Maintenance Responsibility St. Louis Park Minnetonka Maintenance Costs 50% billed to Minnetonka 50% paid by St. Louis Park 25% billed to St. Louis Park (Minnetonka paying remaining 75%) Long Term Improvements Not defined Minnetonka paying 75% (25% billed to St. Louis Park with 5 year CIP notice) Recreation Programs St. Louis Park (50% billed to Minnetonka) Minnetonka (residents from both cities will pay resident rates) Proposed Upgrades for 2002 Not defined Minnetonka (25% billed to St. Louis Park) Attachment: Revised Joint Use Agreement Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 3 of 12 [AMENDED] CONTRACT BETWEEN THE {VILLAGE} [CITY] OF MINNETONKA AND THE CITY OF ST. LOUIS PARK RELATING TO THE ACQUISITION, USE, AND MAINTENANCE OF [FORD] PARK THIS AGREEMENT, made and entered into as of the {13th}[____] day of {May, 1968}[________, 2002], by and between the {VILLAGE} [CITY] OF MINNETONKA, {party of the first part,} hereinafter sometimes referred to as “Minnetonka” and the CITY OF ST. LOUIS PARK, {party of the second part,} hereinafter sometimes referred to as “St. Louis Park”, both being municipal corporations organized and existing under and by virtue of the State of Minnesota[. This Agreement amends and restates the Contract between the parties dated May 13, 1968.]{,} WITNESSETH, that the parties hereto in consideration of the mutual agreements stated herein, agree as follows: ARTICLE I. Intent to Cooperate. St. Louis Park and Minnetonka desire to cooperate in the development, equipment of and maintenance of a playground and public park {to be} acquired by {the City of} St. Louis Park under the terms and conditions hereinafter mentioned, on land lying between Ford Road and Jordan Avenue (County Road No. 18), approximately 300 feet south of Jefferson Avenue, and to exercise jointly and cooperatively powers which they both have, pursuant to Section 471.59 of Minnesota Statutes and all other applicable statutes and express and implied powers. The powers of and responsibilities with respect to such joint endeavor shall be exercised by the City Council of {the City of} St. Louis Park and the {Village} [City] Council of Minnetonka as hereinafter set forth. St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 4 of 12 ARTICLE II. Description of Land. The land to be used in such joint program under this contract, consisting of approximately ten (10) acres located in Hennepin County, Minnesota, is described as follows: Lots 2 and 15, Temple’s Garden Lots, Hennepin County, Minnesota, Certificate of Title No. 405571 has been acquired by St. Louis Park in fee simple, for all municipal purposes, including but not limited to park purposes, in the name of the City of St. Louis Park by proper conveyance. ARTICLE III. Division of Cost. The cost of acquisition, development, equipment of, and operation of a joint park program on said premises shall be divided as follows: (a) Title Matters. It is hereby agreed that St. Louis Park has purchased the above described lands for the price of $25,000, the filing fees and other title costs to complete the transfer of title, and that Minnetonka {shall pay} [has paid] to St. Louis Park the sum of $12,500 as its share of [the] cost of acquisition of said lands {and upon payment thereof the City of}[, and that] St. Louis Park {shall convey} [has conveyed] an undivided one-half interest therein by quit claim deed to {the Village of Minnetonka.} [Minnetonka.] {(b) Grading, black dirt, seeding and sodding. St. Louis Park shall develop and improve said park area in accordance with a park plan to be approved by the Village Council of Minnetonka and the City Council of St. Louis Park. The cost of such development shall be shared equally between the parties hereto.}[(b) Capital Improvements. Minnetonka, in conjunction with St. Louis Park, will plan for any capital or other improvements to the park that are not part of the maintenance program as part of a five-year Capital Improvement Program (CIP). Minnetonka will construct the improvements and St. Louis Park will pay twenty-five percent (25%) of the cost of such improvements.] {(c) Equipment. St. Louis Park shall prepare a plan for the installation of playground equipment and the cost of any such playground equipment and installation thereof shall be borne by St. Louis Park. (d)}[(c) ]Maintenance Program. The maintenance of equipment and grounds, including but not limited to repairs, mowing, watering, fertilizing, and turf care, shall be done by {St. Louis Park and the cost thereof shall be shared equally between the parties hereto.} [Minnetonka. St. Louis Park will reimburse Minnetonka for twenty-five percent (25%) of the cost.] St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 5 of 12 {(e)}[(d)] Recreation Program. {St. Louis Park and Minnetonka agree to sponsor a joint public recreation program, the nature of which program shall be determined by agreement of the parties hereto from time to time, by the submission of an annual proposed program by St. Louis Park for approval by Minnetonka. The cost of such program of park activities shall be shared equally between the parties hereto} [Minnetonka will plan, sponsor and pay for the recreation programming at the park. St. Louis Park residents will pay the same user fee rates as Minnetonka residents]. ARTICLE IV. Supervision of Program. The Maintenance and Public Recreation Programs {so sponsored} will be operated by {St. Louis Park} [Minnetonka] on behalf of both of the parties hereto, under the direct supervision of its Director of Parks and Recreation, and the general supervision of its City Manager and City Council and in conformity with the City Charter and all applicable city ordinances, and in conformity with this agreement. {St. Louis Park} [Minnetonka] agrees that supervision of the program shall be by employees meeting accepted professional standards of competence. ARTICLE V. {Program and Budget. The receipts and disbursements required for the operation of the programs will be accounted for in a separate St. Louis Park city fund which shall be included in the city’s annual budget. The receipts of said fund shall consist of: (a) Appropriation from St. Louis Park General fund as provided in its adopted budget. (b) Payments from Minnetonka to St. Louis Park pursuant to this agreement. (c) Gifts, bequests and donations that may be made from any source for furthering these programs, accepted jointly by St. Louis Park and Minnetonka. St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 6 of 12 (d) Endowments or grants from private or public agencies for public recreation and related purposes, accepted separately or jointly by St. Louis Park and Minnetonka. (e) Earnings, fees, and charges resulting from the operation of a public recreation program on the above premises. The disbursements from said funds shall be made for maintenance and public recreation purposes only, in conformity with the jointly approved and adopted budget and shall be made pursuant to procedures required by law for the disbursements of St. Louis Park city money. ARTICLE VI.} Agreement on Programs {and}[,] Budget [and Capital Improvements]. The programs of maintenance and public recreation to be provided each calendar year shall be agreed to by both parties {hereto} prior to the adoption of the St. Louis Park and Minnetonka annual budgets for the ensuing calendar year and shall be reflected therein. {This will be achieved by submission of the city manager’s recommended budget for public recreation for this park program to the City Council of St. Louis Park and the Council of Minnetonka not later than August 15th of each year in order to permit study and agreement by the parties hereto and the adoption of the results thereof in the St. Louis Park and Minnetonka annual budgets prior to September 25th of each year.} Revisions in the joint adopted recreation budget may be made during any calendar year by agreement of the parties. [Any capital improvements to the park shall be agreed to by the parties and shall be planned for as part of each city’s five-year Capital Improvement Program (CIP). St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 7 of 12 ARTICLE VI. Payments by St. Louis Park] {ARTICLE VII. Payments by Minnetonka}. One-half of the annual payment of {Minnetonka} [St. Louis Park] pursuant to the determination made in accordance with this contract will be made to {St. Louis Park} [Minnetonka] prior to July 1st of each calendar year and the remaining one-half will be made prior to December 31st of the same year. ARTICLE [VII] {VIII. Fund Balances. The unexpended and unencumbered cash balance in said fund at the end of each calendar year, other than funds from gifts, bequests, donations, endowments or grants, held in trust for specific purposes, will either by repaid to the parties hereto in proportion to the contributions made during the calendar year wherein the balance accumulated or be credited against agreed contributions for the following calendar year, in each instance at the option of each party. ARTICLE IX}. Financial Reports. {St. Louis Park} [Minnetonka] will furnish monthly activity and financial statements to {Minnetonka} [St. Louis Park] relative to the operation of the public recreation program, and will include therein such reasonable detail as {Minnetonka} [St. Louis Park] may request. ARTICLE {X} [VIII]. Award of Contracts. All contracts under this agreement shall be separately awarded by {St. Louis Park} [Minnetonka] for equipment and work to be performed, and all such contracts shall be let and disbursements made in accordance with the requirements of law and, with the respect to advertising of bids and other procedural requirements for the conduct of the city’s business. ARTICLE {XI} [IX]. Sale or Disposition of Lands Without Termination. In the event a portion of the above mentioned property, shall be sold, whether by agreement for sale, eminent St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 8 of 12 domain, or other forced sale, the proceeds of such sale, after deduction of necessary expenses, shall be divided in proportion to the contribution of monies by the parties hereto to the original acquisition of such lands. ARTICLE {XII} [X]. Termination. This agreement shall remain in effect and shall govern the jointly sponsored maintenance and public recreation programs of St. Louis Park and Minnetonka on the above land, subject, however, to the right of either party to terminate this agreement on notice in writing given to the other party prior to June 1st of any year, to become effective on December 31st of that year. In the event of giving of notice of termination by one party, the other party shall have the right to continue the operation of the park under the following conditions: (a) Mutual Agreement. In the event that this agreement is terminated by mutual agreement of the parties, and the operation of the park is to be discontinued, all lands and equipment shall be sold and after deduction of expenses of sale, the proceeds for the land and equipment shall be divided in the proportion of the contribution to the cost of acquisition by each of the contracting parties. (b) Minnetonka Notice. In the event that Minnetonka shall give its notice of such termination, St. Louis Park may, at its option, either agree to the termination under paragraph (a) above, or continue the operation of the park and pay to Minnetonka any unrecovered sums of money which Minnetonka shall have delivered to St. Louis Park under the terms of this agreement for the acquisition of said lands under paragraph (a) of this Article which have not been repaid under Article XI. or similar arrangements. All equipment which has been installed on said lands by Minnetonka may be removed by Minnetonka within six (6) months after such notice of termination, otherwise said equipment shall remain on the land and Minnetonka shall receive no repayment therefor, and such playground equipment shall then remain the property of St. Louis Park without any further claims on the part of Minnetonka. (c) St. Louis Park Notice. In the event that St. Louis Park shall give its notice of such termination, Minnetonka may, at its option, either agree to the termination under paragraph (a) above, or continue the operation of the park and pay to St. Louis Park any unrecovered sums of money which St. Louis Park shall have paid for the acquisition of said lands which have not been repaid under Article XI. or similar arrangements. All equipment which has been installed on said lands by St. Louis Park may be removed by St. Louis Park within six (6) months after such notice of termination, otherwise said equipment shall remain on the land and St. Louis Park St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 9 of 12 shall receive no repayment therefor, and such playground equipment shall then remain the property of Minnetonka without any further claims on the part of St. Louis Park. (d) Separate Personal Property. All equipment or other personal property shall be placed by either of the parties hereto on said lands as its own property, without contribution to the cost thereof by the other party hereto, and shall be and remain the property of the party so supplying it and may be removed at the time of termination of this agreement as hereinbefore provided. (e) Trust and Contract Property. Any personal property placed in said park or used in connection therewith under trust provisions, contract conditions, or other relationships with third parties, shall be disposed of in accordance with the requirements of such trust, contract, or other special arrangements. (f){ Unexpended Cash Balances. The unexpended and unencumbered cash balance in the joint recreation fund at the end of the current calendar year of termination hereunder, shall be repaid to the parties hereto in the proportion in which they were furnished. (g)} Miscellaneous. Any other assets or properties then part of the recreation program shall belong to St. Louis Park. [ARTICLE XI. The Amended Contract shall be effective on __________________________.] IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. {Reviewed for Administration:} CITY OF ST. LOUIS PARK {City Manager Mayor Approved as to form and legality: and City Manager City Attorney Reviewed for engineering: Director of Public Works Accounting records posted: VILLAGE OF MINNETONKA St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 10 of 12 Director of Finance Resolution Authorizing No.} [By: Jeffrey W. Jacobs Its Mayor And: Charles W. Meyer Its City Manager CITY OF MINNETONKA By: Karen J. Anderson Its Mayor And: John Gunyou Its City Manager] St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 11 of 12 ---------------------- REVISION LIST ---------------------- The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [1:1 1:1] Changed "CONTRACT" to "AMENDED CONTRACT" [1:1 1:1] Changed "VILLAGE " to "CITY " [1:3 1:3] Changed "OF PARK" to "OF FORD PARK" [1:4 1:4] Changed "13th " to "____ " [1:4 1:4] Changed "May, 1968" to "________, 2002" [1:4 1:4] Changed "VILLAGE " to "CITY " [1:4 1:4] Changed "MINNETONKA, ... hereinafter" to "MINNETONKA, hereinafter" [1:4 1:4] Changed "PARK, party ... hereinafter" to "PARK, hereinafter" [1:4 1:4] Changed "Minnesota," to "Minnesota. ... 13, 1968." [1:6 1:6] Changed "park to be ... City of St." to "park acquired by St." [1:6 1:6] Changed "of the City of St." to "of St." [1:6 1:6] Changed "Village " to "City " [2:6 2:5] Changed "shall pay " to "has paid " [2:6 2:5] Changed "of cost" to "of the cost" [2:6 2:5] Changed "and upon payment ... the City of " to ", and that " [2:6 2:5] Changed "shall convey " to "has conveyed " [2:6 2:5] Changed "the Village of Minnetonka." to "Minnetonka." [2:7 2:6] Changed "(b) Grading, ... parties hereto." to "(b) Capital ... improvements." [2:8 2:7] Del Para "(c) Equipment. ... St. Louis Park." [2:9 2:7] Changed "(d) " to "(c) " [2:9 2:7] Changed "St. Louis ... parties hereto." to "Minnetonka. ... the cost." [3:1 2:8] Changed "(e) " to "(d) " [3:1 2:8] Changed "St. Louis ... parties hereto" to "Minnetonka ... residents" [3:2 2:9] Changed "Programs so sponsored will" to "Programs will" [3:2 2:9] Changed "by St. Louis Park on" to "by Minnetonka on" [3:2 2:9] Changed "agreement. ... Park agrees" to "agreement. Minnetonka agrees" [3:3 2:9] Changed "V. Program ... consist of:" to "V. " [3:4 3:1] Del Paras "(a) Appropriation ... Park city money." [4:2 3:1] Changed "ARTICLE VI. Agreement" to "Agreement" [4:2 3:1] Changed "Programs and Budget." to "Programs, Budget" [4:2 3:1] Changed "Budget." to "Budget and ... Improvements." [4:2 3:1] Changed "parties hereto prior" to "parties prior" [4:2 3:1] Changed "therein. This ... Revisions" to "therein. Revisions" [4:3 3:1] Changed "ARTICLE" to "Any capital ... Program (CIP)." [4:3 3:2] Changed "ARTICLE VII. ... Minnetonka" to "ARTICLE VI. ... Louis Park" [4:3 3:2] Changed "Minnetonka " to "St. Louis Park " [4:3 3:2] Changed "St. Louis Park " to "Minnetonka " [4:4 3:3] Changed "ARTICLE VIII. ... each party." to "ARTICLE " St. Louis Park City Council Agenda Item: 080502 - 4f - Ford Park Joint Use Agreement Page 12 of 12 [5:1 3:3] Changed "ARTICLE IX" to "VII" [5:1 3:3] Changed "St. Louis Park " to "Minnetonka " [5:1 3:3] Changed "to Minnetonka relative" to "to St. Louis Park relative" [5:1 3:3] Changed "as Minnetonka may" to "as St. Louis Park may" [5:2 3:4] Changed "X" to "VIII" [5:2 3:4] Changed "St. Louis Park " to "Minnetonka " [5:3 4:1] Changed "XI" to "IX" [5:4 4:2] Changed "XII" to "X" [7:1 5:3] Changed "(f) Unexpended ... furnished. " to "(f)" [7:2 5:4] Changed "(g) Miscellaneous." to " Miscellaneous." [7:3 5:5] Add Para "ARTICLE XI. The ... ________________ ___________." [7:4 5:7] Changed "Reviewed for Administration: CITY" to "CITY" [7:5 5:8] Del Paras "City Manager Mayor ... No. " [7:14 5:8] Add Paras "By: ... Its City Manager" St. Louis Park City Council Agenda Item: 080502 - 4g - Ford Park Redevelopment Plan Page 1 of 1 4g. Motion to approve a redevelopment plan for Ford Park Background In 2002, the City of Minnetonka has money budgeted for improvements to Ford Park. Residents from the Cities of St. Louis Park and Minnetonka were involved in approving this Master Plan. Timelines for Redevelopment of Ford Park Since the City of Minnetonka has the money budgeted, the project could begin the fall of 2002 or spring of 2003. Once the City of St. Louis Park approves the redevelopment plan, the City of Minnetonka will prepare bid documents and begin construction as soon as possible. Ford Park will be redeveloped in stages. The playground and shelter areas will be developed first and the trail and improved culvert/pedestrian crossing within the park will be a later phase. The entire park redevelopment is expected to be completed within three years from the beginning of the project. Cost of the Project The proposed budget for the project is $375,000. Under the new agreement, the City of St. Louis Park will be responsible for reimbursing the City of Minnetonka for 25% of the total project cost, or $93,750. The City of Minnetonka has indicated the City of St. Louis Park would be able to work out a payment plan for reimbursing this cost over a three to five year time period. After the project has been bid and actual costs have been established, the payment plan will be discussed. Once the payment plan has been established, it will be incorporated into our five year Capital Improvement Plan (CIP). Attachments: Written Plan (Supplement) Ford Master Concept (Supplement) Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4h - Dachis Pool House Page 1 of 4 4h Motion to approve second reading, to adopt a zoning ordinance text amendment to allow pool houses in the R-1 Single Family District, to approve summary ordinance and authorize publication (Case No. 02-24-ZA) Background: Bruce Dachis has been constructing a pool and “pool house” accessory building on his property at 4000 West 25th Street in the R-1 single-family district. When he submitted an application for a building permit for the pool house, he found out that he could not construct a bathroom in the building, due to the City policy of prohibiting plumbing in accessory structures. The policy is intended to prevent accessory structures from being converted to accessory dwelling units or used for home occupations in violation of ordinance. The plumbing policy is being clarified via the proposed accessory structure ordinance amendments considered by the Planning Commission on June 5th and 19th. First reading of this ordinance was approved by the City Council on July 1. When fully adopted, that proposed ordinance would clarify that hose bibs, utility sinks, and floor drains are allowed, while plumbing for bathrooms and kitchens is still prohibited. Mr. Dachis is proposing to allow pool house buildings with bathrooms subject to certain conditions. He is proposing that they would be allowed in the R-1 District only, since the R-1 District has the largest required lot size of 9,000 square feet. Other conditions would require an in-ground pool of a minimum size, restrict the size of the pool house to 400 square feet and one story, require the pool house to meet the same setbacks and design as the principal building, and prohibit kitchen facilities. The Planning Commission held a public hearing on June 19, 2002. The applicant was the only person to testify during the hearing. The Planning Commission recommended approval of the amendment as recommended by staff on a vote of 5-0. On July 15, 2002, the Council approved first reading of the ordinance amendment on a vote of 7-0 and set second reading for August 5, 2002. Summary of Issues: Ø Are there any concerns with impacts on surrounding properties? Ø Is there any concern with conversion to an accessory dwelling unit? Analysis of Issues: Ø Are there any concerns with impacts on surrounding properties? Given the proposed conditions of requiring the same setbacks as the principal structure and limiting height to one story, staff does not have any concerns with impacts on surrounding St. Louis Park City Council Agenda Item: 080502 - 4h - Dachis Pool House Page 2 of 4 properties. The larger size of R-1 properties also helps ensure that impacts on neighbors are minimized. Ø Is there any concern with conversion to an accessory dwelling unit? Staff has some concern that there may be a temptation to convert a pool house to an accessory dwelling unit if a bathroom is allowed. However, the maximum size of 400 square feet should help limit the desirability of converting the building to an accessory dwelling unit. Requiring an in-ground swimming pool that is larger in area than the pool house will also limit construction of “pool houses” that may actually be intended for other purposes. As a means of ensuring that the restriction is understood and enforceable, staff and the Planning Commission recommend adding a condition that clearly states the building cannot be designed or used as a dwelling unit or for any business use. The latter is already prohibited by the home occupation ordinance, which prevents any accessory structure from being used for a home occupation. Recommendation: Staff and the Planning Commission recommend adoption of the attached ordinance amendment to allow pool houses in the R-1 District subject to certain conditions. Attachments: Ø Proposed Ordinance Ø Proposed Summary Ordinance Prepared By: Janet Jeremiah, Planning & Zoning Supervisor Approved By:Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4h - Dachis Pool House Page 3 of 4 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTION 36-163 POOL HOUSE BUILDINGS IN THE R-1 SINGLE FAMILY DISTRICT THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02-29-ZA). Sec. 2. The St. Louis Park Ordinance Code, Section 36-163 is hereby amended by adding underscored language. Section breaks are represented by ***. Sec. 36-163. R-1 single-family residence district. *** (e) Accessory uses *** (3) private swimming pool and tennis court in conformance with Sec. 36-73; pool house building in conformance with the following conditions: a. property must have an in-ground swimming pool that is larger in area than the pool house building. b. the pool house cannot exceed 400 square feet in area and one story in height. c. notwithstanding Sec. 36-162(c)7, the pool house must meet all principal building yard requirements of subsection (f) of this section. d. the building design and materials shall be consistent with the principal building. e. the building may include a bathroom but shall not include kitchen facilities. f. the building cannot be designed or used as a dwelling unit or for any business use. *** Sec. 3. The contents of Planning Case File 02-29-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park City Council Agenda Item: 080502 - 4h - Dachis Pool House Page 4 of 4 Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council August 5, 2002 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney SUMMARY ORDINANCE NO._____________ AN ORDINANCE PERMITTING POOL HOUSE ACCESSORY BUILDINGS IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT This ordinance states that pool house accessory buildings with bathrooms will be permitted in the R-1 Single Family Residential District subject to conditions including limits on size and placement. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 5, 2002 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: August 14, 2002 St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 1 of 7 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JUNE 19, 2002 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Michael Garelick, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: Phillip Finkelstein STAFF PRESENT: Judie Erickson, Julie Grove, Janet Jeremiah, Nancy Sells OTHERS PRESENT: Tom Scott, City Attorney 1. Call to order - Roll Call Chair Gothberg called the meeting to order at 6:05 p.m. Commissioner Bissonnette arrived at 6:06 p.m. 2. Approval of Minutes of June 5, 2002 Chair Gothberg asked that Item A. (Case No. 02-24-ZA) and Item B. (Case No. 02-30- ZA) from the minutes of June 5, 2002 reflect that those items were continued to tonight’s meeting, and that Chair Gothberg did not close the public hearings but continued the public hearings. Commissioner Morris moved approval of the minutes of June 5, 2002 with Chair Gothberg’s corrections. The motion passed 4-0-1 (Commissioner Bissonnette abstained; Commissioner Garelick arrived after the vote at 6:15 p.m..) 3. Hearings: A. Case No. 02-29-ZA—Public hearing on Bruce Dachis’ proposed zoning ordinance text amendments regarding pool houses in the R-1 single family district. Planning and Zoning Supervisor Janet Jeremiah presented a staff report. Ms. Jeremiah said Mr. Dachis is proposing that pool house buildings with bathrooms be allowed in the R-1 District only, subject to certain conditions. The R-1 District has the largest required lot size of 9,000 square feet. Pool houses would be required to meet the same setbacks and design as the principal building, and kitchen facilities would be prohibited. St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 2 of 7 Commissioner Morris and Ms. Jeremiah discussed restrictions in other residential districts. Ms. Jeremiah stated that a similar change to the Multi-Family Residential District would require a separate hearing. However, pool houses in multi-family have been approved by Special Permits in the past. Commissioner Morris said he was comfortable with the discretionary use of language for the ordinance. Chair Gothberg asked for a definition of kitchen and Ms. Jeremiah responded that a kitchen must include cooking facilities. Chair Gothberg opened the public hearing. Bruce Dachis, 4000 West 25th Street, said he is constructing the pool house specifically for guests, friends, and family who may want to shower after swimming. Mr. Dachis said the pool house resembles a porch with windows, and it was designed to be unobtrusive. As no others were present who wished to speak, Chair Gothberg closed the public hearing. It was moved by Commissioner Robertson to recommend approval of the zoning ordinance text amendments for pool houses in the R-1 District subject to certain conditions. Motion passed 5-0. Commissioner Garelick arrived at 6:15 p.m. Ms. Jeremiah said this item will go to the City Council for consideration of first reading on July 15, 2002. B. Case Nos. 02-31-PUD and 02-32-S—Request by Beltline Industrial Park, Inc. for Preliminary Plat approval for Wolfe Lake Professional Center and Preliminary Planned Unit Development approval to redevelop the northwest quadrant of Beltline Boulevard and West 36th Street for two office/retail buildings. Associate Planner Julie Grove presented a staff report. Ms. Grove said the applicant has applied for a preliminary plat and preliminary PUD approval. Ms. Grove said the site is now zoned C-2, General Commercial. The applicant intends to re-plat the development. Ms. Grove said staff is adding a condition that a drainage and utility easement be added to the plat. Ms. Grove reported that the number of required parking spaces would be 234 stalls on site, and an additional 11 spaces would be proof of parking. Staff recommends that a phasing plan be submitted as a condition of approval of the final plat. Ms. Grove reported that the developer has supplied a new set of plans regarding the proposed location of mailboxes. A revised recommendation of approval and conditions sheet was distributed to the Commissioners. Ms. Grove explained a handout which proposed the following revisions St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 3 of 7 to the recommended conditions of the staff report: delete condition 1; add condition 2, h; add condition 4, d, e; and the addition of offices to 16a. Ms. Grove stated that prior to Council consideration, the applicant must meet the following conditions: the 100-year flood elevation and elevations at each building opening on the grading plan will be required to be clearly denoted in the preliminary plat; submit a revised sidewalk to provide a continuous connection along the west side of Beltline Blvd. and along Raleigh Avenue South; submit a tree replacement plan; and revise the legal descriptions to accurately reflect the lots on the new plat. Commissioner Robertson asked if the trash enclosures were moved internal to the building, and Ms. Grove replied yes, however, the trash enclosure for the smaller building will remain outside and it will be screened with a building material. Chair Gothberg opened the public hearing. John McCain, applicant, mentioned concerns about a loading dock versus a delivery entrance. He said the easement that is being asked to be dedicated is associated with several issues that need to be resolved, and he is not sure that that will happen tonight. Ms. Jeremiah responded that it is not unusual for changes to be made between the preliminary and final platting, and staff will need to determine if the proposed changes result in off-site impacts. If that is the case, staff would prefer to advertise for another public hearing. Commissioner Morris raised the issue of proof of parking and he asked if there will be an easement agreement. Ms. Jeremiah said there will need to be an easement agreement. Commissioner Morris asked if a PUD provides the City with regulatory control over a property in the event a property is sold. Ms. Jeremiah said one benefit of a PUD is that a development agreement is required, which is recorded against the properties, and the PUD would ensure that the property continues to be subject to conditions of approval. However, the proof of parking is outside of the PUD, so an easement is recommended to ensure the parking remains available if the property is sold. Commissioner Morris thinks that the current parking requirement for this development is about 10-15% excessive. He wondered if additional proof should be considered. In regard to parking, Mr. McCain would like to continue the proposed parking as submitted. Mr. McCain said in an office situation, one does not want to be underparked. Commissioner Robertson asked why the loading dock is so close to the road. Paul Meyer, architect for the proposal, said the loading area is close to the road because the building is located toward the street and two street frontages will be used; and a potential bank also impacted the decision. There was a discussion about swing doors versus an overhead device. Commissioner Timian left at 6:40 p.m. St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 4 of 7 As no others were present who wished to speak, Chair Gothberg closed the public hearing. Commissioner Morris said he will not add an amendment regarding parking. Commissioner Morris moved to approve the preliminary plat and PUD, subject to conditions as recommended by staff, including revised conditions per the handout. Motion passed 5-0. C. Case No. 02-24-ZA (continued from 6-5-02) Public hearing on zoning ordinance text amendments regarding detached garages and other accessory structures/uses. Janet Jeremiah presented a staff report. As requested by the Planning Commission on June 5th, Ms. Jeremiah presented sketches. The current staff analysis also addresses Planning Commission concerns regarding easements, alley setbacks, and principal building heights. Ms. Jeremiah said City Attorney Tom Scott is available to answer questions regarding correspondence from John Miller. Ms. Jeremiah said the proposed ordinance does not affect the validity of the court order, and the proposed ordinance is for future construction. Chair Gothberg thanked Mr. Miller for the correspondence. He opened the public hearing. John Miller, 3550 France Avenue South, referenced the Mohler/Christianson court order filed in May, 2002. Mr. Miller stated that he is opposed to the zoning ordinance text amendments regarding detached garages and other accessory structures and uses. Mr. Miller said that he thinks a new ordinance is not needed, and that the proposed ordinance is disastrous, and for purposes of clarification, it is not valid. Mr. Miller critiqued the impacts of the ordinance on neighbors, slab height measurement, water and sanitary sewer. He added that enforcement would become even more difficult. Mr. Scott stated that tonight’s action has no impact on the court case. John Mohler, 4313 Brook Ave., addressed the Planning Commission. Mr. Mohler discussed slab height and its potentially devastating impact on neighbors. Mr. Mohler described the unhappiness of nearby neighbors on Brook Avenue regarding obtrusive building height of garages. Mr. Mohler said there is a health, safety, and noise concern with such garages. Chair Gothberg closed the public hearing. Commissioner Robertson is concerned about dictating to property owners that roofs on accessory buildings must have a 3:12 pitch. He also takes issue with a 15-foot maximum St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 5 of 7 height. Commissioner Robertson said if the pitch requirement were removed, the ordinance would stand quite well. The Commissioners discussed flat roofs. Ms. Jeremiah explained the City’s current policies as they relate to pitched roofs, including architectural requirements for accessory buildings to conform to the roof style of the home and a prohibition on tall decks near property lines. The latter is relevant because flat roofs can be used as decks. Ms. Jeremiah discussed height measurement and provided examples of how staff felt the measurement would prevent second stories close to property lines. Commissioner Morris said he acknowledges Mr. Robert’s viewpoint but feels flat roofs on residential accessory buildings are sometimes misused or collect trash. It was moved by Commissioner Morris to approve zoning ordinance text amendments regarding detached garages and other accessory structures/uses. The motion passed 4-1- 0. (Commissioner Robertson opposed). Ms. Jeremiah said this item will go to Council on July 1, 2002, for first reading. D. Case No. 02-30-ZA (continued from 6-5-02) Public hearing on zoning ordinance text amendments relative to garage sales and rummage sales in residential districts. Julie Grove presented a staff report. Ms. Grove discussed requirements for signage, and said that staff does not recommend that permits be required for garage sale signs. Specific reference to religious institutions has been deleted, and any residentially zoned property may hold a garage sale. She said temporary sales may be held on non- residentially zoned properties subject to conditions that are already in code. In regard to enforcement, staff has been assured that all signs that are prohibited will be treated the same and removed from the public right of way. Commissioner Garelick talked about Minnetonka’s new simplified ordinance regarding real estate and garage sale signs. He suggested using Minnetonka’s ordinance as an example. The ordinance was distributed. Commissioner Morris stated that garage and rummage sales are an essential part of the fabric of the community. He thinks garage sale signs should be allowed, and, he disagrees with the restriction of holding a sale twice a year. Chair Gothberg recommended that staff review Minnetonka’s ordinance, discuss its issues and bring back a proposal for a signage ordinance. With no one wishing to speak, Chair Gothberg closed the public hearing. St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 6 of 7 Commissioner Garelick recommended that staff look at signage problems in surrounding communities. Ms. Jeremiah said staff will look at signage concerns, including Minnetonka’s ordinance, and consider a separate signage ordinance in the future. Commissioner Morris agreed with Commissioner Garelick’s recommendation, however, he will abstain from voting on this item because he cannot vote for it, but he believes the item should move forward. Commissioner Garelick moved approval of the proposed text amendment, and to look at the sign issues separately. Motion passed 4-0-1. (Commissioner Morris abstained). 4. Unfinished Business: None 5. New Business A. Consent Agenda B. Other New Business i.) Case No. 02-06-S—Request of Vernon Partnership LLC for Final Plat (Homes of Vernon Oaks) at 2601 Vernon Avenue S. Judie Erickson presented a staff report. Ms. Erickson said the townhomes are now called Homes of Vernon Oaks. She reported that many neighborhood concerns, including drainage, were addressed at a June 18 neighborhood meeting. She added that the City Engineer does not believe wetlands currently exist on the site. This will also be evaluated by the Minnehaha Creek Watershed District and final approvals will be conditioned on that evaluation. Ms. Erickson reported that the forester recommended that some of the species on the final landscape plan be changed, and that boulevard trees also be placed on the landscape plan. Commissioner Robertson commented that the tree replacement remains low, and he would like to see at least a 50% tree replacement, rather than cash-in-lieu. Ms. Erickson said the plan doesn’t reflect the actual scale and the landscaping may look as though it isn’t sufficient. She added that replacement requires diameter inch replacement. Ms. Erickson commented that the south edge could take more trees but that there may be a conflict with the trail. She stated that a 50% replacement is high and the applicant is replacing at 30%. Commissioner Robertson said the neighbors are concerned about losing the tree buffer and he would like the City to increase the tree replacement. Jay Hill, Project Engineer for the project, said the City forester has made recommendations regarding growth and disease. The applicant believes he is putting in as many trees as the site will support. St. Louis Park City Council Agenda Item: 080502 - 4i - PC Minutes June 19, 2002 Page 7 of 7 There was a discussion about boulevard trees creating uplift of sidewalks. Commissioner Bissonnette said that depends on species and that many species work well in urban areas. Marshall Kieffer, the applicant, said the monument sign, which was on the earlier townhome proposal, will be removed from the final plat. Chair Gothberg thanked the neighborhood for bringing their concerns forward. Commissioner Morris moved approval of the final plat subject to conditions. The motion was approved 5-0. 6. Communications A. Elmwood Study Update Judie Erickson provided an update regarding the Elmwood Study. B. Recent City Council Action -- June 17, 2002 C. Other 7. Miscellaneous 8. Adjournment Chair Gothberg adjourned the meeting at 8:45 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 080502 - 4j - Encroachment Agreement Blackstone Page 1 of 1 4j. Motion to approve encroachment agreement with David Bernard Builders and Developers for the sidewalk at Blackstone Park. Background The City of St. Louis Park was approached by Rottlund Company Inc. through David Bernard Builders and Developers when they realized they needed to relocate their sidewalk. The sidewalk was required by the City of St. Louis Park to facilitate traffic north and south throughout the development. The sidewalk was originally planned to be located entirely on their property. A transformer box has forced them to move the sidewalk to the west causing it to be six inches (6”) into Blackstone Park. The sidewalk has not yet been installed as they are waiting for Council to review and approve before proceeding. Encroachment Agreement Review City Attorney, Tom Scott, has reviewed the agreement. Mr. Scott had prepared a similar generic agreement for the Public Works staff for occurrences such as this. Our goal is to have these encroachments in writing so we can monitor them. The City Development Review Committee has discussed and recommended that staff proceed with the encroachment agreement. It is staff's opinion that the developer did everything possible to keep the sidewalk within the boundaries of their property. The necessity for a transformer box pushed the sidewalk to the west causing it to encroach on the park property. Location of the sidewalk The sidewalk will run in a north/south direction along the west side of the property line. It is a four foot wide sidewalk and six inches of it will encroach into the park. A site plan showing the sidewalk location is attached. Attachments: Blackstone Park Site Map (Supplement) Prepared by: Cynthia S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4k - Waive Subdivision Requirements for HCRRA Page 1 of 4 4k Motion to approve Resolution waiving subdivision ordinance requirements to allow a division of railroad right-of-way recently purchased by Hennepin County Regional Railroad Authority. (Case No. 02-44-S) Background: Hennepin County Regional Railroad Authority (HCRRA) purchased the northern of a pair of parallel railroad rights-of-way that exist south of Highway 7. This right-of-way is referred to as the Southwest LRT Corridor and is currently being studied for potential rail transit. Hennepin County has allowed a trail to be developed within this right-of-way. The trail was constructed between Hopkins and Belt Line Boulevard in 1999. The portion of the trail east of Belt Line Boulevard has not been constructed because the trail would have to cross over an active freight rail track owned by CP Rail. Hennepin County has been in negotiation with CP Rail for many months seeking a solution, and both parties reached an agreement that Hennepin County would purchase a portion of the rail right-of-way that extends over this crossing. This purchase will allow the trail to be completed between Belt Line Boulevard and existing trails in Minneapolis (both the Kenilworth Trail and 29th Street Greenway Trail). The HCRRA purchase involved a portion of an existing tax parcel that extends into St. Louis Park. (The closing of the sale was July 30, 2002.) In order to record the purchase, the tax parcel must be split. In order to expedite trail construction, HCRRA has asked whether the City would waive its subdivision requirements. Since no change to the freight rail function will occur on the right-of-way and the purchase is to accommodate the construction and function of a regional trail, staff is recommending that the City Council approve the attached resolution waiving the requirement for subdivision. This same method was used previously when the City purchased a portion of Hutchinson Spur right-of-way for trail purposes. Later portions of the right-of-way were platted to accommodate single family homes near Aquila Avenue. Recommendation: Staff recommends the City Council adopt Resolution waiving the subdivision ordinance requirements for the portion of railroad right-of-way purchased by HCRRA. Attachments: Resolution Aerial photo Section Map (Supplement) Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 4k - Waive Subdivision Requirements for HCRRA Page 2 of 4 RESOLUTION NO. __________ RESOLUTION WAIVING APPLICATION OF SUBDIVISION REGULATIONS TO ALLOW RECORDING OF METES AND BOUNDS CONVEYANCE WHEREAS, the Hennepin County Regional Railroad Authority (“HCRRA”) is purchasing a portion of certain property in St. Louis Park for purposes of trail development; and WHEREAS, no development activity other than a public trail is taking place on the portion of the property being acquired by the HCRRA. NOW, THEREFORE, be it resolved by the City Council of the City of St. Louis Park, Minnesota: 1. Since no private development is taking place on the parcel being acquired by the HCRRA, the City Council hereby finds that compliance with the City subdivision regulations will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations. 2. Pursuant to Minnesota Statutes §462.358, Subd. 4b, the St. Louis Park City Council hereby waives compliance with its subdivision regulations and authorizes the filing and recording of a metes and bounds conveyance of the parcel described in Exhibit "A". Reviewed for Administration: Adopted by the City Council , 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 4k - Waive Subdivision Requirements for HCRRA Page 3 of 4 EXHIBIT "A" That part of the Northeast Quarter of Section 6, Township 28, Range 24, lying northerly of the northerly line of the plat of Beltline Business Park and southerly of the southerly line of Hennepin County Regional Railroad Authority Property Map No. 6 recorded as Doc. No. 5504276 in the Hennepin County Recorder’s Office which lies easterly of the following described line and its southeasterly extension. Commencing at the intersection of the east line of Section 6, Township 28, Range 24, and the main track centerline of the Soo Line Railroad as described in Doc. No. 5360776 and said point being depicted as Railroad Engineers Station 402+10 on the Canadian Pacific Railway Map of proposed track changes at Bass Lake Yard dated June 5, 2001; thence westerly along said main track centerline a distance of 2020 feet to the Point of Switch at Station 381+90 on said Railway Map and being the point of beginning of the line to be described; thence northwesterly at right angles to said main track centerline to the southerly line of said Hennepin County Regional Railroad Authority Property Map No. 6 and said line there terminating. Hennepin County, Minnesota. St. Louis Park City Council Agenda Item: 080502 - 4k - Waive Subdivision Requirements for HCRRA Page 4 of 4 # Proposed New Property Line C o . R d . 2 5 (O ld H w y 7 )#Beltline Blvd. H C R R A R ig h t o f W a y (S W L R T C o rrid o r)C P R a il St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 1 of 6 6a Public Hearing: Alley Paving – 2900 Block between Florida Avenue and Edgewood Avenue This report considers paving the alley in the 2900 block between Florida and Edgewood Avenues, north of Minnetonka Boulevard Recommended Action: Mayor to open Public Hearing, and then close it. Motion to adopt the attached Resolution ordering the construction of a concrete alley in the 2900 block between Florida Avenue and Edgewood Avenue, approving plans and specifications and authorizing receipt of bids. Background: At its June 17, 2002 meeting, the City Council approved the City Engineer’s Report for construction of a concrete alley in the 4000 block between Toledo and Utica Avenues, and scheduled a Public Hearing and Assessment Hearing for July 15, 2002. This hearing was subsequently delayed to August 5 to allow staff enough time for mailing and publishing the proper notices. General background information on the alley project is summarized below: Location: 2900 block between Florida Avenue and Edgewood Avenue, north of Minnetonka Boulevard Proposed Project: Paving existing T-shaped gravel alley with concrete Estimated Cost: $63,000 Assessment Data: 100% of the cost for the concrete alley paving is proposed to be assessed to the abutting property owners. The costs will be apportioned in accordance with the City’s special assessment policy with direct and indirect benefits. The estimated assessment for a typical 40 foot lot is $2,546.00 payable over 20 years. Parcels Within Assessment District: 23 Neighborhood Meeting Comments: On Tuesday, July 16, 2002 staff held a neighborhood meeting for abutting property owners to discuss the proposed project. A notice of this meeting was sent to all property owners adjacent to this project. A total of nine (9) residents representing six (6) properties attended the meeting. Staff reviewed the proposed project, construction issues and schedule along with the assessment costs. Staff responded to residents’ questions and had the preliminary plans available for their review. Concerns raised at the meeting centered on the equity of the formula (direct and indirect benefit) for double-wide lots. One design issue was raised at the meeting related to lowering the grade of St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 2 of 6 the alley near the exit onto Edgewood Avenue and near 2913 Florida. Staff agreed to investigate lowering these areas, but informed the residents that providing positive drainage away from any structures is the prevailing concern. The property at 2913 Florida sits several feet below the elevation of the alley. The residents stated that even removing the crown and installing a vee- notch in the center of the alley (standard City design) will improve the amount of water that runs off onto their property. One property owner has also requested that a friend of theirs, in the concrete business, be considered for the work. Staff will send these residents information on the bid process. Notification: Abutting property owners have received written notice of the public hearing and assessment hearing. Project Timetable: Due to the delay of the public hearing, staff has revised the project schedule as follows: • City Engineer’s Report to City Council, June 17, 2002 • Staff holds informational meeting with residents July 16 • City Council holds Public Hearing & Assessment Hearing August 5 • Advertise for bids August • Bid Opening September 5 • End of 30 Day Appeal on Assessments September 5 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals September 16 • Pre-construction neighborhood meeting Week of 9/24 • Construction Sept/Oct, 2002 Recommendation: Staff recommends holding the public hearing and then proceeding with this project as outlined above and in the City Engineer’s Report dated June 17, 2002. Attachments: Resolution Neighborhood Meeting Attendance List City Engineer’s Report Assessment Role Prepared by: Maria A. Hagen, City Engineer Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 3 of 6 RESOLUTION NO. _______ RESOLUTION ESTABLISHING AND ORDERING AN IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A CONCRETE ALLEY IN THE 2900 BLOCK BETWEEN FLORIDA AVENUE AND EDGEWOOD AVENUE, AND APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SAME WHEREAS, pursuant to a resolution passed by the City Council of the City of St. Louis Park on the 17th day of June, 2002, the City Engineer has prepared plans and specifications for the construction of a concrete alley in the 2900 block between Florida Avenue and Edgewood Avenue and has presented such plans and specification to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The proposed project is hereby established and ordered. 2. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 3. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than twenty one (21) days prior to the date and time of receipt of bids, and specify the work to be done, state the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 4. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the September 16, 2002 regular City Council meeting. Reviewed for Administration: Adopted by the City Council August 5, 2002 City Manager Mayor Attest: St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 4 of 6 City Clerk NEIGHBORHOOD MEETING 7/16/02 ATTENDANCE LIST 2900 BLOCK OF FLORIDA/EDGEWOOD AVENUES & MINNETONKA BLVD./29TH STREET: CONCRETE ALLEY PAVING Name Address Christopher & Katie Rose 2913 Florida Ave. So. John Helberg 2925 Florida Ave. So. Lauralyn Ninow 2908 Edgewood Ave. So. Joel & Dawn Aarsvold 2940 Edgewood Ave. So. Tom & Margaret Hanssen 6504 Minnetonka Blvd. Todd Hintz 6508 Minnetonka Blvd. St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 5 of 6 ****REPORT FROM MEETING OF JUNE 17, 2002**** # City Engineer’s Report: Alley Paving – 2900 block between Florida and Edgewood Avenues – Motion to adopt the attached resolution that accepts this report, establishes this Improvement Project, directs staff to sponsor an informational meeting with abutting property owners, and sets a Public Hearing and Assessment Hearing date of July 15, 2002. Background: On June 3, 2002, the residents in the 2900 block between Florida Avenue and Edgewood Avenues submitted a petition to the City requesting the alley be paved in accordance with the City’s standard for alleys. The petition was signed by enough property owners (61%) to advance the project. The City’s policy states that at least 51% of the properties must sign the initial petition. City Alley Paving Special Assessment Policy: The City’s Alley Paving Special Assessment Policy is as follows: A. The cost of alley improvements for residential properties shall be assessed as follows when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1. Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2. Seventy (70) percent of the cost of the improvement shall be assessed against directly benefited properties as defined in paragraph 5(B). (DIRECT BENEFIT) B. A property is directly benefited if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if, no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi-family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. Discussion: The City’s standard design for alley paving includes six (6)-inch thick concrete pavement 10 feet in width with driveway apron connections between the paved alley and abutting paved driveways. Private driveways outside the alley right-of-way are the responsibility of the property owner. In accordance with City practice, the driveway connections will match existing materials and grades. Pavement grades will be established to provide positive drainage without requiring storm sewer construction. Financial Considerations: The City’s Policy for funding alley improvements requires the abutting property owners to pay 100% of the improvement costs. The Policy also provides for the assessments to be levied as direct and indirect benefits based upon abutting frontage. Estimated assessments and an estimated payment schedule have been attached for informational purposes. A summary of the estimated costs and proposed assessments, based upon the City’s Assessment Policy for alley improvements is as follows: St. Louis Park City Council Agenda Item: 080502 - 6a - Florida Edgewood Alley Paving Project Page 6 of 6 Estimated Costs: Construction Costs $ 51,136 Contingency (10%) $ 5,114 Subtotal $ 56,250 Engineering & Administrative (12%) $ 6,750 TOTAL $ 63,000 Revenue Sources: Special Assessments $ 63,000 Alley Improvement Project Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated that the following schedule could be met: • City Engineer’s Report to City Council, June 17, 2002 Council sets date for Public Hearing and Assessment Hearing • Staff holds informational meeting with residents July 9, 2002 • City Council holds Public Hearing & Assessment Hearing July 15, 2002 • Advertise for bids July/August • Bid Opening August 8, 2002 • End of 30 Day Appeal on Assessments August 15, 2002 • Bid Tab Report to Council, Council can award the bid and order the project or delay the project if there are any assessment appeals August 19, 2002 • Construction September, 2002 Feasibility: The project, as proposed herein, is necessary, cost-effective, and feasible under the conditions noted and at the costs estimated. Public Involvement Process: Staff will schedule an informational meeting for July 9th, prior to the Public Hearing/Assessment Hearing, to inform residents of the process and to review the preliminary plans. The Council will be notified of the meeting place and time. Once the project is awarded, staff will schedule another meeting with the affected property owners to discuss the construction schedule. St. Louis Park City Council Agenda Item: 080502 - 6b - Public Hearing Alley Assessment Page 1 of 4 6b Assessment Hearing for Alley paving Project - 2900 block between Florida Avenue S. and Edgewood Avenue Recommended Action: Mayor to close public hearing. Motion to adopt attached resolution establishing the assessment Background: On February 4, 2002, City Council approved the City Engineer’s Report for construction of a concrete alley at the 2900 block between Florida Avenue S. and Edgewood Avenue. The City’s assessment policy, (Res. #00-078), for funding alley improvements, requires abutting property owners to pay 100 % of the improvement costs. A petition, signed by at least 61% of the benefited property owners, was submitted to the City Assessing Division. On February 20, 2002, six property owners attended a neighborhood meeting. Staff reviewed the proposed construction, assessment costs, and construction schedule. The property owners who attended the meeting favored the construction project and assessments. The purpose of holding the assessment hearing prior to completion of the project is to allow the City to consider any objections to the assessment or the project before it is built. Cost Estimates: Total Project Cost 63,000$ Total Assessment 63,000$ Number of Parcels 23 Assessment Period 20 years Interest Rate 6.50% Assessment Charge for a 40 front foot lot 2,747$ First Year Payment Principal 138$ Interest 179 Total Payment 317$ Attachments: Assessment spreadsheet Map Resolution Prepared by: Bruce Stepnick, City Assessor Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 6b - Public Hearing Alley Assessment Page 2 of 4 RESOLUTION NO. ________ RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT PROJECT NO. ________, ALLEY PAVING IN THE 2900 BLOCK BETWEEN FLORIDA AVENUE AND EDGEWOOD AVENUE. BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on July 19, 2002 and published in the official City newspaper, the St_Louis_Park_Sailor, on July 17, 2002 and July 28, 2002 as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 2002 and payable in the year 2003, and shall bear interest at the rate of 6.5 percent per annum. To the first installment shall be added interest on the entire assessment from November 1, 2002, until December 31, 2002, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all unpaid installments. No interest will be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The location of the construction improvement over which installments are to be extended for a period of 20 years is as follows: Improvement # Type of Improvement Location 02-_________ Alley Paving 2900 Block Florida Avenue S. and Edgewood Avenue. 5. The Assessor’s Office shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Reviewed for Administration: Adopted by the City Council August 5, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 080502 - 6b - Public Hearing Alley Assessment Page 3 of 4 ESTIMATED COST: 70% Direct Benefit (garage or access) 30% Indirect Benefit (dust, noise, and mud) Direct Benefit cost: 929 feet at $47.48 per lineal foot Indirect Benefit cost 1169 feet at $16.17 per lineal foot. lineal foot total $63,000.00 direct $44,100.00 indirect $18,900.00 Total Indirect Direct Direct & Indirect Address Ind feet % Indirect Allocation Dir feet % Direct Allocation 2901 Florida Ave. So. 80 6.84 $1,293 0 0.00 $0 $1,293 08-117-21-44-0187 2913 Florida Ave. So. 80 6.84 $1,293 0 0.00 $0 $1,293 08-117-21-44-0186 2917 Florida Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0185 2921 Florida Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0184 2925 Florida Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0183 2929 Florida Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0182 2933 Florida Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0181 2937 Florida Ave. So. 45 3.85 $728 45 4.84 $2,136 $2,864 08-117-21-44-0180 2941 Florida Ave. So. 44 3.76 $711 44 4.74 $2,089 $2,800 08-117-21-44-0179 2900 Edgewood Ave S 40 3.42 $647 0 0.00 $0 $647 08-117-21-44-0165 2904 Edgewood Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0166 2908 Edgewood Ave. So. 70 5.99 $1,132 70 7.53 $3,323 $4,455 St. Louis Park City Council Agenda Item: 080502 - 6b - Public Hearing Alley Assessment Page 4 of 4 08-117-21-44-0167 2910 Edgewood Ave. So. 50 4.28 $808 50 5.38 $2,374 $3,182 08-117-21-44-0168 2920 Edgewood Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0169 2924 Edgewood Ave. So. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0170 2932 Edgewood Ave. So. 80 6.84 $1,293 80 8.61 $3,798 $5,091 08-117-21-44-0171 2940 Edgewood Ave. So. 89 7.61 $1,439 89 9.58 $4,225 $5,664 08-117-21-44-0172 6504 Minnetonka Blvd 71 6.07 $1,148 71 7.64 $3,370 $4,518 08-117-21-44-0173 6508 Minnetonka Blvd. 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0174 6512 Minnetonka Blvd 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0175 6516 Minnetonka Blvd 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0176 6520 Minnetonka Blvd 40 3.42 $647 40 4.31 $1,899 $2,546 08-117-21-44-0177 6524 Minnetonka Blvd 40 3.42 $647 0 0.00 $0 $647 08-117-21-44-0178 Total 1169 100.00 $18,900 929 100.00 $44,100 $63,000 St. Louis Park City Council Agenda Item: 080502 - 8a - Gambling Report Forms Page 1 of 2 8a First Reading of an ordinance amending reporting requirements for lawful gambling organizations operating in the city This ordinance specifies those reports required to be submitted to the City to determine compliance with local restrictions. Recommended Action: Motion to approve first reading of the ordinance and set second reading for August 19, 2002 BACKGROUND: At the study session meeting of April 8, 2002, Council discussed the Trade Area Restriction (TAR) and established their intent to continue the restriction as contained in the current ordinance. During that discussion the City Clerk indicated that changes in the ordinance regarding reporting forms would be of benefit to the City in determining compliance with the TAR. Under the existing ordinance, organizations are required to submit copies of all monthly reports to the City. This requirement and the resulting volume of paper to be reproduced and filed has proved burdensome to both staff and the organizations. On July 8, staff met with representatives of our local charitable gambling organizations to discuss reporting requirements and to determine which reports prepared by these organizations would best demonstrate their compliance with our local restrictions. These proposed revisions specify those reports which need to be submitted regularly and also allows the City to request copies of other reports prepared by the organizations if needed. Attachments: Proposed Ordinance Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 8a - Gambling Report Forms Page 2 of 2 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHAPTER 15 RELATED TO CHARITABLE GAMBLING ORGANIZATION REPORTING REQUIREMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Chapter 15 is hereby amended as follows Sec. 15-5. Filing of records; investigations. (d) If requested by the City, organizations conducting lawful gambling in the city shall submit to the city copies of all any reporting forms required by the board or by the Minnesota Department of Revenue. Sec. 15-8. Distribution of proceeds. Each organization conducting lawful gambling within the city must expend 90 percent of its lawful purpose expenditures on lawful purposes conducted or located within the trade area. This section applies only to lawful purpose expenditures of gross profits derived from lawful gambling conducted on a premises within the city. At the end of the first fiscal year beginning January 1, 2000, each organization’s fiscal year, each organization must file with the city a report prepared by an independent certified public accountant documenting compliance with the requirements of this section. In addition, each organization must submit monthly to the City a completed Schedule C/D – LG1010 a report to the city listing all lawful purpose expenditures made in the preceding year month. The report shall identify the name of the entity to whom the check was written, the city location of the recipient and the amount of the donation. Sec. 15-9. Local tax. Any organization authorized to conduct lawful gambling shall pay to the city on a monthly basis a local gambling tax in the amount of 0.75 percent of the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. Payment shall be made no later than 25 days after the end of the preceding month and shall be accompanied by a copy of the monthly return filed with the Gambling Control Board Minnesota Department of Revenue. Section 2. This ordinance shall take effect 15 days after its publication. (INSERT SIGNATURE BLOCK HERE) St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 1 of 12 8b Request by ASK Properties for a Conditional Use Permit to permit office use as 50% or more of the gross floor area Case No. 02-33-CUP 5605 36th Street West Recommended Action: Motion to adopt a resolution approving the Conditional Use Permit subject to the conditions included in the resolution Zoning: I-P, Industrial Park Comprehensive Plan Designation: Industrial Background: Ask Properties is proposing to purchase the property, located south of West 36th Street between Xenwood Avenue and Hwy 100, and convert the existing building to office. The two level building is currently owned and operated by the St. Louis Park VFW #5632. Clubs and lodges with liquor are not permitted in the I-P District, so the VFW is a non-conforming use. The upper level is currently used as a banquet facility with the restaurant and bar on the lower level. The applicant is requesting to convert the upper level to office space and allow the VFW to continue to use half of the lower level for the bar/restaurant and the other half as storage. A 5 year lease agreement with the VFW was originally proposed by staff and agreed to by the applicant, after which the VFW would move out and the applicant would convert the lower level to additional office space to be leased. Offices are allowed in the I-P District as accessory uses, or if 50% or more of the floor area, by Conditional Use Permit in the I-P District. An existing billboard on the roof of the building is non-conforming and not allowed anywhere in the City. The Property is within the Elmwood Study area. A land use and transportation study of the area is currently underway and may recommend Comprehensive Plan and Zoning changes that could affect the property. However, owners may continue to use their properties as allowed under the current zoning. On July 17, 2002, the Planning Commission held a public hearing and unanimously voted to recommend approval of the Conditional Use Permit. The Commission recommended a change in one of the conditions due to the discussions that took place at the meeting (see attached Minutes). The change was to allow two additional 5 year lease options, which would allow the VFW to remain for 15 years instead of 5 as recommended. This time limitation relates to the fact the VFW is a non-conforming use. Details regarding this issue are contained later in this report. The change has been included in the attached resolution. Issues: Ø Are the requirements met for a CUP? Ø Are the nonconformities being removed as part of the CUP? Ø Are there any other Concerns? St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 2 of 12 Issues Analysis: Ø Are the requirements met for a Conditional Use Permit? The requirements for a Conditional Use Permit for 50% or more office are as follows: a) Access shall be to a roadway identified in the comprehensive plans as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The site is located on the south side of West 36th Street which is a minor arterial. This condition has been met. b) Office floor area ratio shall not exceed 0.5. The gross floor area of the existing building is 0.5. This condition has been met. c) Building must meet exterior surface materials specified in section 36-366(b)(6)b. Existing building materials consisting of painted concrete and wood siding do not comply with section 36-366(b)(6)b. The applicant has submitted a statement describing their plans to refinish the exterior siding with stucco and also install additional windows. The code requires at least 60% of each building face must be of class I materials. Stucco and glass are Class I. Staff and the Planning Commission recommend this as a condition of approval. General requirements for a Conditional Use permit? This proposal is consistent with the goals and objectives of the comprehensive plan and the zoning district. Although this property is zoned and guided industrial, office is allowed. With this proposal current site conditions would be upgraded and brought into greater compliance. As a result the visual appeal of the property would be improved. In addition, the current size of the VFW use would be reduced and eventually phased out. The office use will have minimal impact and thus be a good mix with the nearby residential neighborhood and other uses. This proposal is not detrimental to the health, safety and general welfare of the community. Staff does not foresee any traffic concerns with the applicant’s request. In fact, traffic generated by the small office uses should be minimal and less offensive to the area compared with the possible types of truck traffic that can be associated with other industrial uses, and which can generate noxious odors and noise. Ø Are the nonconformities being removed as part of the CUP? There are a number of nonconformities existing on this site today. These include the presence of a billboard, building facades do not meet exterior building material requirements, landscaping St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 3 of 12 throughout the site does not meet all requirements, the current use does not meet parking requirements and the current use (a club with intoxicating liquor) is not permitted in this district. The general requirements of the nonconforming section of the ordinance limit what the city may or may not approve in terms of nonconformities. These requirements, found in sections 36- 404(6)a and b, require the following: (6) City approvals a. Condition for approval. The city may not issue a conditional use permit, PUD, or building permit for an addition which increases the leasable floor area or density for any property which contains a nonconformity unless the nonconformity is removed as a condition of the approval. Amendments to existing special permits shall be administered in accordance with section 36-36(c)(4). b. Exception. If a new use requiring a conditional use permit, PUD or special permit amendment is proposed for part of a multi-tenant building, and there are no exterior modifications needed to accommodate the new tenant which would result in an increase in floor area ratio, ground floor area ratio, building height, density, or a decrease in required yards, or other substantial change (other than property improvement to meet building code requirements), then the city may issue a conditional use permit, PUD or special permit amendment provided the following standards are met: 1. The new use does not increase or intensify nonconformities on the property. 2. Any nonconformities existing on the site shall be brought into greater or complete compliance with other provisions of this chapter to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions of this chapter: i. Lot area. ii. Lot width. iii. Required yards. iv. Building height. v. Floor area ratio. vi. Ground floor area ratio. vii. Density. viii. Usable open space. Since the applicant is proposing to lease half of the upper level to another office tenant, staff is interpreting this proposal as a multi-tenant use of the building. Since the applicant will be removing or eliminating many of the nonconformities to the extent reasonable and possible (with some exceptions for certain nonconformities such as building setbacks) and will not intensify the nonconforming use, staff feels that the language in this section has been met for multi-tenant uses. Building setbacks: Building setbacks from property lines are not met in some areas. Setback nonconformities are not required to be corrected under conditional use permits. St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 4 of 12 Billboard: A billboard exists on top of the roof of the building on site. Staff believes that it is reasonable and possible to remove the billboard because the only use in the building today is the VFW, and the applicant is proposing a multi-tenant building that will derive additional income from leasing of office space. The applicant has agreed to remove the billboard as a condition of approval to convert the building to office and phase out the VFW. At the public hearing on July 17, 2002, the VFW’s broker stated that the current billboard lease contains a provision that the lease becomes null and void when the property is sold. The billboard could be removed after a 75-day notice. Building exterior: As stated previously, the existing exterior is nonconforming with the City’s architectural standards. The applicant is planning on residing the exterior with stucco and adding some additional windows. This will be a requirement prior to the issuance of a certificate of occupancy. Parking: Currently this site does not provide the required amount of parking for the club/restaurant use of the VFW. The applicant’s request to change the use of this building to office would require less parking than that required for the VFW. General floor plans were submitted which show the proposed office space. Based on these plans a total of 64 parking spaces would be needed to meet ordinance requirements should the entire building be converted to office space. The site plan submitted shows 71 parking stalls on site, however this plan is not 100% accurate. Ten (10) parking stalls are shown on the east portion of this site. In actuality 8 stalls exist there today (4 parallel east of the building & 4 angled), however the four angled parking spaces and ½ of the driveway are located outside of the property line and cannot be approved for parking without ownership or a permanent access agreement. In addition the four existing parallel parking stalls to the east of the building do not meet dimensional requirements. Therefore, staff and the Planning Commission recommend that all parking to the east of the building be eliminated unless the applicant can provide proof of ownership or a permanent access agreement. Another inconsistency between the submitted site plan and the actual conditions on site is the shown closure of the access on the north side of the site, closest to Xenwood Avenue. The site plan shows this access as closed, however it remains open today. Also, the three parking stalls shown behind this closed access do not exist. Adequate circulation can be provided through the parking lot without this access. Staff and the Planning Commission recommend closing this access as shown on the site plan. This will allow the applicant to provide additional parking in this location which will be needed due to the fact that parking to the east of the building cannot meet requirements. The submitted site plan shows 54 parking stalls in the west parking lot. There are actually 52 on site. Based on preliminary review, it appears that this lot can be re-striped to add at least 10 additional parking stalls than those shown on the site plan. This estimate is based on the closure of the access as discussed previously. Staff has had discussions with the applicant regarding this St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 5 of 12 issue. The applicant indicated that this is feasible. If the lot is re-striped, the required 64 parking stalls will be provided. Staff and the Planning Commission recommends the parking lot be re- striped to add 10 more stalls as a condition of approval. As stated above, the current parking for the VFW use is nonconforming. With a reduction in the VFW space the current banquet facilities will be eliminated. Thus the VFW will not require as much parking. Staff sees this as a reduction in intensity of the existing non-conforming use. If the office proposal was for less than 50% of the building area, it could be approved under existing regulations for reducing intensity of non-conforming uses. The hours of operation for the office space would be between normal business hours from 8:00 a.m. to 5:00 p.m. Monday through Friday. The high traffic volumes of the VFW are generally on nights and weekends. Because these hours do not conflict, there should be an adequate amount of available parking. In addition, a 10% parking reduction could be applied to this site as a frequently operated transit line runs along West 36th Street. Staff and the Planning Commission therefore are not recommending any increases in parking for the dual use of the property. Landscaping: There are existing planters along the north side of the parking lot and building which are similar to those on nearby properties. The planters contain trees and shrubs and provide adequate screening of the parking lot. Along the north side of the building the planters contain evergreen shrubs. There is no internal landscaping in the parking lot, nor is there landscaping along the west and south portions of the property. It appears that there is room for some additional landscaping on this site. As mentioned previously, staff and the Planning Commission are recommending closure of an access. Staff also recommends providing a planter in place of the access as shown on the submitted site plan with landscaping that is compatible to the existing planters . A retaining wall is located along the southern property line, on the other side of which is a parking lot. Staff questions if landscaping could be added in this location. With regards to the parking located outside of the property line on the east side of the site, to discourage parking, staff recommends landscaping the current parking spaces unless the applicant obtains formal approval to use the space for parking. The ordinance does require landscaping in the interior of the parking lot. Staff and the Planning Commission are recommending that this be provided to the extent reasonable and possible. The submitted site plan does show areas for interior landscaping which are curbed. At a minimum, the landscaping should be similar to this plan. Staff is willing to work with the applicant on a landscape plan and recommends that it be administratively approved by staff prior to building permit issuance. VFW use of the building: The VFW’s existing use as club with intoxicating liquor, is not a permitted use in the IP district. The applicant is proposing to purchase the property and provide a 5 year lease to the VFW allowing them to use the lower level for their bar/restaurant. Upon completion of the lease, the applicant is proposing to convert this level into additional leasable office space. As stated the Planning Commission recommended a revision that would permit the VFW two additional 5 year options to their lease. In other words, the VFW would have to vacate the property within 15 years instead of 5 years as originally recommended as a means to eliminate the non-conformity. St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 6 of 12 Again, the ordinance does state that a conditional use permit may not be issued for properties containing nonconformities unless the nonconformity is removed. The exception is that a conditional use permit may be issued if a new use is part of a multi-tenant building that requires no exterior modifications other than property improvements provided that it does not increase or intensify the nonconformity, and that the existing nonconformities be brought into greater or complete compliance to the extent reasonable and possible. Staff and the City attorney believe that the VFW could be interpreted as meeting the above exception. The building is proposed to be multi-tenant as the VFW is phased out. The nonconforming VFW use would be decreased in size and intensity, and eventually eliminated. During the transition, the upper level would be converted to office, and the VFW’s banquet facilities would be eliminated leaving the restaurant and bar in the lower level. The property would be improved by removing the billboard, changing the exterior façade, and adding landscaping and parking. This would bring the property into greater compliance. In addition, this site is located in the Elmwood neighborhood. A land use, transportation & transit study of this area (the Elmwood Study) is underway and may result in changes to the designated land use of certain properties. It is possible that the land use designation of this site could be changed in a way that would permit the VFW as a use. If that happened, the CUP could potentially be amended to allow them to stay provided they meet other conditions. This study is proposed to be complete by the end of this year. As stated earlier, Planning staff believes that this is a unique site for the reasons stated above and that the circumstances are unique and are not intended to set a general precedent. Certain nonconformities, such as billboards, are nonconforming anywhere in the city so regardless of the findings from the Elmwood study this requirement would not change, billboards must still be removed. If the land use designation changes as a result of the study, the current nonconforming use (the VFW) may become conforming. However, the proposal must be considered under the current zoning. Therefore, staff and the Planning Commission are recommending the VFW be phased out of this site and completely removed within 15 years. It would initially be reduced in intensity and would be closed at this location within 15 years. This will allow the VFW time to relocate. Are there other issues? A property maintenance inspection is required with the sale of any property in St. Louis Park. In order to issue a Certificate of Occupancy, the building must meet all building code requirements and must be brought up to current Accessibility Code. This inspection has not been completed. Upon discussions with the Inspections Department, the applicant has been made aware of this requirement. Based on a preliminary review of the plans submitted, staff believes these requirements can be met. Staff and the Planning Commission are recommending this as a condition of approval. St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 7 of 12 Recommendation: Staff and the Planning Commission are recommending approval of the Conditional Use Permit, subject to the conditions in the resolution. Attachments: • Proposed resolution • Unapproved minute excerpts • Site plan (Supplement) • Partial floor plans & proposed uses (Supplement) • Statement of use from Applicant (Supplement) Prepared by: Julie Grove, Associate Planner Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 8 of 12 RESOLUTION NO. _____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-243(d)(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT OFFICE USE AS 50% OR MORE OF GROSS FLOOR AREA FOR PROPERTY ZONED I-P INDUSTRIAL PARK DISTRICT LOCATED AT 5605 36TH STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. ASK Properties (St. Louis Park VFW #5632) has made application to the City Council for a Conditional Use Permit under Section 36-243(d)(2) of the St. Louis Park Ordinance Code for the purpose of permitting office use as 50% or more of gross floor area within the I-P Industrial Park District located at 5605 36th Street West for the legal description as follows, to-wit: Lots 6 to 13 inclusive, Block 46, Rearrangement of St. Louis Park, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof. Together with: Lots 4 and 5, Block 46, St. Louis Park, accorded to the recorded plat thereof, Lot 4 subject to roadway easement in favor of the City of St. Louis Park over the North 25 feet thereof. Lot 5 subject to a roadway easement in favor of the City of St. Louis Park over the North 22 feet thereof. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02-33-CUP) and the effect of the proposed office use on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the office use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed office use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File No. 02-33-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 9 of 12 Conclusion The Conditional Use Permit to permit office use as 50% or more of the gross floor area at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used, and maintained in accordance with the official exhibits, which shall be revised to meet the following conditions: a. Eliminate parking on the east side of the building unless proof of ownership is submitted or formal approval to use the spaces for parking is obtained. b. Landscape plans as approved by the Zoning Administrator. c. Re-stripe the lot to add 10 stalls in the west lot. d. Include elevation plans which comply with section 36-366(b)(6)b. 2. Prior to issuance of required building, plumbing, electrical and any other required permits, which may impose additional conditions, the landscape plan must be approved by the Zoning Administrator and assent form and official exhibits must be signed by the applicant and owner. 3. Prior to issuance of a Certificate of Occupancy for any office use, the VFW must discontinue use of the upper floor of the building and the following improvements must be complete: a. The building must meet exterior surface materials as specified in section 36- 366(b)(6)b. b. The billboard must be removed. c. The landscape plan and any other required site improvements must be implemented, or a letter of credit submitted to cover 125% of the cost of the remaining improvements to be completed, within one year. d. Closure of the northwest access off of West 36th Street, closest to Xenwood Avenue. e. The parking lot must be re-striped in accordance with the approved plan. f. Interior improvements in accordance with permit approval. 4. Prior to installation of any new signs the applicant shall obtain sign permits. 5. Within 15 years of the date of the CUP approval, the VFW must discontinue use of the property and the lower level of the building shall be converted to a use that is in compliance with all aspects of the Zoning Ordinance. 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. (Insert Signature Block Here) St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 10 of 12 Unofficial Excerpts Planning Commission Minutes July 17, 2002 3. Hearings: A. Case No. 02-33-CUP--Request by ASK Properties for a Conditional Use Permit to permit office use as 50% or more of the gross floor area – 5605 36th Street West Associate Planner Julie Grove presented a staff report. Ms. Grove said the existing VFW is a nonconforming use in this district; i.e., clubs and lodges with liquor are not permitted in the IP district. Ms. Grove stated that the upper level is currently used by the VFW as a banquet facility with a restaurant and bar on the lower level. The applicant is buying the property and requesting to convert the upper level to office space and allow the VFW to continue to use half of the lower level for the bar/restaurant and the other half as storage. If approved, the VFW would have a 5-year lease agreement with the applicant. After the 5-year period, the VFW would move out and the applicant would convert the lower level into additional office space to be leased. The property also includes a billboard which is not allowed anywhere in the City. The applicant has agreed to remove the billboard prior to occupancy. Chair Gothberg opened the public hearing. Korey Bannerman, ASK Properties, was available to answer questions. Mark Gilbertson, Commander of the VFW Post, said the VFW wants to maintain a veterans’ presence in the community and, if this request is approved, the VFW expects to become extinct in five years because they do not have the ability to go elsewhere due to lack of funds. Mr. Gilbertson said at the VFW’s board meeting on Monday, July 22nd, members will look at the CUP. He asked if they decide not to sell the property, what specific nonconformities must the VFW address. Planning and Zoning Supervisor Janet Jeremiah said the VFW may continue to operate as a nonconforming use as it currently exists, i.e., keeping the same level of activity. Ms. Jeremiah also emphasized that the Elmwood Study may impact long-term land use and zoning of the VFW. If the zoning changes, it’s possible that the VFW use would no longer be nonconforming. Mr. Gilbertson said the VFW is greatly concerned about its future; the VFW was established in 1946 and it has been a good neighbor. Commissioner Timian asked what the current membership is, and Mr. Gilbertson responded 867-887 members, and the number of new members fluctuates; he added that this VFW is the only one in St. Louis Park. Mr. Gilbertson said it is the CUP that has St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 11 of 12 essentially determined the fate of the VFW. He reiterated the VFW board will decide on July 22nd if they want to continue with the sale. Chair Gothberg commented the CUP is being requested by ASK Properties, and if ASK Properties does not purchase the property and make changes, then nothing happens. The final approval rests on the City Council. Ms. Jeremiah would like to note that there has been some evolution in the thinking of this property in regard to the status of the nonconforming uses on this property. Ms. Jeremiah continued, initially, staff looked at it under the much more stringent language that no CUP could be issued unless all of the nonconformities were removed. Staff looked for latitude under that language to allow for a limited term lease, in effect, to phase out the use and provide the VFW an opportunity to perhaps move or consolidate with another club. Upon further review and discussions with the City Attorney, staff thought multi- tenant provisions could apply. This is a recent exception made for retail shopping center situations as opposed to office building tenants. However, the language does not specify what types of tenants that exception entails. Ms. Jeremiah said because ASK Properties would be leasing out half of the upper story and eventually leasing the downstairs, staff and the applicant would be provided some flexibility under the multi-tenant provisions. That language states that the site must be brought into conformance “to the extent reasonable and possible.” Mr. Art Bannerman, ASK Properties, asked if the Planning Commission and City Council can approve, under the CUP, to allow the VFW to exist after five years. Ms. Jeremiah said it is possible under the more flexible language “to the extent reasonable and possible.” The Planning Commission can recommend and the City Council can determine if it is reasonable to allow the VFW more than five years. Mr. Bannerman would like to request that the Planning Commission and City Council do that. It would be acceptable to ASK Properties. Ms. Jeremiah said staff was not aware that all parties had not had a chance to talk about this before the meeting. Staff did not know that the VFW had not agreed to the 5-year lease limit. Tom Plunkett, 4370 Brookside Court, Edina, serves on the Executive Board of the VFW, and he would like this matter to proceed expeditiously—he requested the Planning Commission vote on it tonight. Commissioner Morris asked if the billboard on top of the building is privately owned by the VFW or if it is leased and, if leased, is there an escape clause. Commissioner Morris commented on the difficulty the City has in getting rid of billboards. St. Louis Park City Council Agenda Item: 080502 - 8b - VFW CUP Page 12 of 12 Joe Turner, the VFW Post’s broker, said the billboard lease contains a provision that the lease becomes null and void if and when the property is sold. There is a 75-day notice but no long-term lease. Chair Gothberg closed the public hearing. Commissioner Morris asked if it was considered that if this property were rezoned to a C1 or C2, both the office and VFW uses would be conforming and, therefore, no need for a CUP. Ms. Jeremiah said it was considered. However, that would require a Comprehensive Plan amendment and a rezoning, which is viewed as premature until the Elmwood Study is complete. The applicant did not want to wait until the study is complete. Commissioner Timian would like to suggest that the Planning Commission go back to the original statement of two five-year leases. Ms. Jeremiah said staff was waiting to hear if the Planning Commission or nearby property owners had any concerns in regard to the VFW use. Ms. Jeremiah said with the removal of the banquet uses/events, the parking should work with the dual use. Other than parking, staff’s concerns are not great. Commissioner Robertson commented that staff has done a great job on this issue. He said all is well as is, including the removal of the five-year limit. Chair Gothberg stated he does not want St. Louis Park to lose a good institution, just on this issue by forcing them out because of a five-year lease limit. It was moved by Commissioner Timian to recommend approval of the Conditional Use Permit subject to conditions as recommended by staff, and Condition 3 shall be revised to state that the VFW vacate the property within 15 years of the date of the CUP approval. The motion passed 7-0. Mr. Anderson, the Quartermaster of the St. Louis Park VFW, provided background information on the contributions the VFW has made to St. Louis Park.