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HomeMy WebLinkAbout2002/08/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 19, 2002 – 7:30 p.m. NO EDA STUDY SESSION TO FOLLOW 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Junior Naturalist Recognition b. St. Louis Park Ambassador Program Introductions 3. Approval of Minutes a. City Council Minutes of August 5, 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 - None 6. Public Hearings 6a. Public Hearing to consider granting license to sell wine and beer Chipotle Mexican Grill of Colorado, LLC dba Chipotle at 5480 Excelsior Blvd in St. Louis Park Document Recommended Action: Mayor to close the public hearing. Motion to approve a wine and beer license contingent upon receipt of planning approvals still under consideration. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a Request by Cedar Trails Condominium Association for minor amendment to existing Special Permit to incorporate proposed plan for modification of existing pool building Document Case No. 02-45-CUP 4400-4654 Cedar Lake Road Recommended Action: Motion to adopt a resolution approving minor amendment to existing conditional use permit subject to conditions stated. 8b Request by Frauenshuh Companies for a major amendment to the approved Planned Unit Development for Park Village/Tower Place to allow a change in an approved use Document 5480 Excelsior Blvd Case No. 01-36-PUD Recommended Action: Motion to approve a resolution amending the Park Village/Tower Place Planned Unit Development to allow a change in the approved use from retail to restaurant 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 19, 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 accept for filing the Planning Commission Minutes of July 17, 2002 Document 4b Motion to approve second reading of an ordinance amending reporting requirements for lawful gambling organziations, approve the summary and authorize summary publication Document 4c Appointment of Special Service District No. 2 Advisory Board and Approval of Advisory Board Bylaws Document 4d Bid Tabulation: Motion to designated Tekton Construction Company, Inc. the lowest responsible bidder for two (2) entry signs and site landscaping and to authorize execution of a contract with the firm in the amount of $67,740.00 - City Project Nos. 00-19 & 02- 11. Document 4e Appointment of Special Service District No. 3 Advisory Board and Approval of Advisory Board By-laws Document 4f Motion to adopt the attached resolution regarding Traffic Study #567 authorizing the installation of stop signs on Northbound and Southbound Nevada Avenue at W. 29th Street Document 4g Motion to adopt the attached resolution regarding Traffic Study # 566 authorizing the installation of parking restrictions on Pennsylvania Avenue from 100 feet North of W. 13-1/2 Street, South to W. 13-1/2 Street Document 4h Motion to adopt Resolution Accepting Work On 2001 Sidewalk Improvement Project Phase “A” City Project No. 99-07a Document 4i Motion to adopt the attached resolution that declares the petition adequate for the purposes of preparing a formal City Engineer’s Report on the feasibility and costs associated with a proposed alley improvement project in the 2900 block between Salem and Toledo Avenues, north of Minnetonka Boulevard. Document 4j Motion to approve encroachment agreement with MSP Real Estate (Louisiana Oaks Apartments) for an encroachment of exterior stairs onto a City utility easement. Document 4k Motion to approve encroachment agreement with Philip and Barbara Lindblad, 3025 Aquila Avenue South, for use of excess land along the Hutchinson Spur Trail for yard and garden purposes. Document 4l Motion to accept Telecommunications Commission minutes of May 9, 2002 for filing Document AGENDA SUPPLEMENT CITY COUNCIL MEETING August 19, 2002 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 081902 - 3a - City Council Meeting Minutes of Aug 5, 2002 Page 1 of 5 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 5, 2002 - 7:30 p.m. 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, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Ron Latz was absent. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); City Assessor (Mr. Stepnick); City Engineer (Ms. Hagen); Planning and Zoning Supervisor (Ms. Jeremiah); City Clerk (Ms. Reichert); Community Outreach Coordinator (Ms. McDonell); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Junior Leader Recognition Mayor Jacobs introduced Bridget Wynn, Recreation Supervisor, and Ms. Wynn introduced Patti Hreno, Junior Leader Coordinator. Ms. Hreno recognized the 22 participants in the Junior Leader Volunteer Program. Junior Leaders Joseph Allen, Beth Gibbs, and Ally Strickler were present to receive their recognitions. 2b. Beth El – Presentation to the City of St. Louis Park Roger Lande of Beth El Synagogue thanked the St. Louis Park Police and Fire Departments for their extraordinary efforts in regard to the April 28, 2002 visit of former Prime Minister Barak of Israel. 2c. Annual Report – City/School Volunteer Program Sara Kresowiak from the City/School District Volunteer Office, presented the annual report of the City/School Volunteer program. 3. Approval of Minutes 3a. City Council Minutes of July 15, 2002 The minutes were approved as presented. 3b. City Council Study Session minutes of July 22, 2002 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar St. Louis Park City Council Agenda Item: 081902 - 3a - City Council Meeting Minutes of Aug 5, 2002 Page 2 of 5 It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda as presented and to approve items listed on the consent calendar. The motion passed 6-0. 4a Adopt Resolution No. 02-079 Appointing Election Judges For The Primary And General Elections To Be Held September 10 And November 5, 2002. 4b Approve A Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, October 5 & 6, 2002, 5900 & 5925 West Lake Street, St. Louis Park 4c Adopt Resolution No. 02-080 Approving Temporary Parking Restricrtions For The Holy Family Fall Festival - Lake Street Between Zarthan And Alabama Avenues October 5 & 6, 2002. 4d Adopt Resolution No. 02-081 Accepting Work On City Wide Random Sidewalk Repair City Project No. 01-02 Contract No. 102-01 4e Adopt Resolution No. 02-082 Rescinding Res No. 02-063; and Adopting Traffic Controls As Recommended In Traffic Study No. 561 4f Approve the revised joint use agreement with the City of Minnetonka to jointly operate Ford Park 4g Approve a redevelopment plan for Ford Park 4h Approve second reading, to adopt Ordinance No. 2229-02 zoning 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) 4i Accept Planning Commission Minutes Of June 19, 2002 For Filing 4j Approve encroachment agreement with David Bernard Builders and Developers for the sidewalk at Blackstone Park. 4k Approve Resolution No. 02-075 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) 4l Motion to accept vendor claim report for filing. 5. Boards and Commissions--None 6. Public Hearings 6a. Public Hearing: Alley Paving – 2900 Block between Florida Avenue and Edgewood Avenue. Resolution No. 02-076 City Engineer Maria Hagen said 23 parcels are affected by this alley paving and the proposed cost is approximately $63,000, which would be assessed upon the abutting St. Louis Park City Council Agenda Item: 081902 - 3a - City Council Meeting Minutes of Aug 5, 2002 Page 3 of 5 property owners. Ms. Hagen said one issue raised by residents at a neighborhood meeting with Staff was drainage, and Staff is investigating that issue. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. Councilmember Sanger asked what percentage of the residents signed onto the petition for the alley, and Ms. Hagen responded 61%. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 02-076 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. The motion passed 6-0. 6b. Assessment Hearing for Alley paving Project No. 02-13 - 2900 block between Florida Avenue S. and Edgewood Avenue. Resolution No. 02-077 City Assessor Bruce Stepnick said the assessment for the alley paving project is for 20 years at 6.5%. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution 02-077 establishing the assessment. The motion passed 6-0. 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 City Clerk Cindy Reichert said the main change to this ordinance is to reduce the amount of paperwork the City receives from gambling organizations in regard to reporting requirements. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve first reading of the ordinance and set second reading for August 19, 2002. The motion passed 6-0. St. Louis Park City Council Agenda Item: 081902 - 3a - City Council Meeting Minutes of Aug 5, 2002 Page 4 of 5 8b. 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, Case No. 02-33-CUP Resolution No. 02-078 Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. Ms. Jeremiah said the Applicant has agreed to upgrade the exterior of the building to meet the City’s current standards for Class I materials. One condition of approval is the removal of the billboard, and the Applicant is agreeable to the removal. Ms. Jeremiah said the Applicant will close one curbcut to improve the understanding of the circulation and to eliminate conflicts on 36th Street, and the Applicant will re-stripe the parking lot to accommodate more parking. The Applicant will add a substantial amount of landscaping, and Staff has just received a landscaping plan. Ms. Jeremiah said members of the VFW and Mr. Bannerman are present to answer questions. Councilmember Nelson asked about the implications of rezoning given the Elmwood Area Study. Ms. Jeremiah said if this property were rezoned to a mixed use, MX, it would require more than one use on the property, and the commercial districts would work under the current proposal and may actually allow the VFW to becoming conforming. Councilmember Nelson stated: The only impediment to any proposed rezoning would be the indefinite nature of the CUP and the possibility the property may be rezoned to something inconsistent with the planned use, and Ms. Jeremiah agreed. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt Resolution 02-078 approving the Conditional Use Permit subject to the conditions included in the resolution. The motion passed 6-0. 9. Communications From the City Manager: Mr. Meyer said trackage on the southwest LRT trail will be removed shortly and a pre-construction meeting has been scheduled. From the Mayor: Mayor Jacobs reminded everyone about National Night Out on Tuesday, August 6th. Mayor Jacobs said a primary election will be held on September 10th and a general election on November 5th. Polling locations for some voters have changed. Mayor Jacobs urged residents to check where they need to go to vote. He said registered voters will received a postcard with polling information locations. One may check the City’s St. Louis Park City Council Agenda Item: 081902 - 3a - City Council Meeting Minutes of Aug 5, 2002 Page 5 of 5 website at www.stlouispark.org, the Sun Sailor, or call City Hall at 952-924-2505 with questions about polling locations or voting questions. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:11 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 1 of 8 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA July 17, 2002 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Phillip Finkelstein, Michael Garelick, Ken Gothberg, Dennis Morris, Carl Robertson, Jerry Timian STAFF PRESENT: Judie Erickson, Julie Grove, Janet Jeremiah, Clint Pires, Mike Rardin, Nancy Sells 1. Call to Order - Roll Call Chair Gothberg called the meeting to order at 6:00 p.m. 2. Approval of Minutes of June 19, 2002 Commissioner Timian moved approval of the minutes of June 19, 2002. The motion passed 6-0. Commissioner Bissonnette arrived at 6:05 p.m. 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. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 2 of 8 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 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 St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 3 of 8 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. 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. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 4 of 8 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. B. Case No. 02-37-CP--Amendment to Comprehensive Plan 2000 – 2020 to amend the 5-year Capital Improvement Plan (CIP) reflecting years 2003 – 2007. Planning Coordinator Judie Erickson provided a staff report, and she introduced Deputy City Manager Clint Pires and Director of Public Works Mike Rardin. Commissioner Bissonnette asked what category applies to the Rec Center roof, i.e., is the collapsed Rec Center roof part of the CIP? Ms. Jeremiah said it has been identified in the capital improvements listed in the Parks category. Commissioner Garelick asked about public art, specifically in regard to Park Commons. Ms. Jeremiah said the City Council has approved a major sculpture for the center traffic circle in the middle of the Town Green. Additional public art works are also being discussed. Commissioner Morris asked about three CIP projects for 2004-05 that would greatly impact the Highway 100/Excelsior/Minnetonka exchanges, e.g., the bridge improvement project for Highway 100 and Excelsior Blvd. Mr. Rardin said Hennepin County is doing the designing, engineering, and construction on the bridge. Commissioner Finkelstein asked if the City may be re-compensated for the Rec Center roof repair. Mr. Pires said some of the original builders and architects are discussing that matter but nothing has been settled. Chair Gothberg opened the public hearing. With no one wishing to speak, Chair Gothberg closed the public hearing. It was moved by Commissioner Robertson to recommend that the City Council adopt a resolution amending Comprehensive Plan 2000-2020 to incorporate the CIP 2003-2007 subject to Metropolitan Council approval. The motion passed 7-0. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 5 of 8 Mr. Pires discussed the review process for the CIP. Mr. Pires highlighted two new plans: the Park Master Plan, to be published as a separate document, and the Public Works infrastructure asset and management project. He briefly discussed the best practices effort relative to the CIP. C. Case No. 01-36-PUD—Request by Frauenshuh Companies for a major amendment to the approved Planned Unit Development for Park Village/Tower Place to allow a change in an approved use—5480 Excelsior Blvd. Ms. Grove reported on Frauenshuh Companies’ request for a major amendment. The applicant is currently requesting a PUD amendment to modify the approved use square footage and convert 3,500 square feet of retail to restaurant. The space was previously occupied by Renewal—Windows by Anderson and is being proposed to be re-leased to Chipotle. Ms. Grove said SRF Consulting Group conducted a traffic and parking study, and staff is in agreement with SRF’s recommendations. The traffic study was also sent to Park Nicollet, because they are part of the same PUD, and some of the recommended traffic control signage would be placed on Park Nicollet’s property. The applicant is amenable to the traffic study recommendations. Ms. Grove said staff is recommending that the fencing be removed from the outdoor dining area and a five-foot wide path parallel to the building be retained, which would permit pedestrians to walk through and not divert them closer to traffic. She said Condition 2 has been revised to clarify the permitted uses in the building; staff recommends maintaining 900 square feet for retail service, to accommodate the salon, and the remaining approximately 5,900 square feet could be either retail or restaurant without intoxicating liquor. Revised conditions were distributed to commissioners. Commissioner Robertson asked if two accessible parking spaces will be removed or relocated, and Ms. Grove said the applicant is proposing to relocate those two spaces, but it is not necessary to do so, since they are in excess of the number required. Commissioner Robertson thinks to lose the spaces is acceptable. Commissioner Robertson asked if removal of a portion of the fence around the outdoor seating area is sufficient to make way for the five-foot walkway or would it be completely out in the open, in other words, would the south, east, and west sides still be fenced? Ms. Grove said staff continues to work with the applicant on the open area. Chair Gothberg opened the public hearing. Matt Karl, Frauenshuh Companies, Vice President of Property Management, said that Renewal-Windows by Anderson has been a successful business for Anderson but the retail establishment is not, and they have decided to vacate the retail establishment. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 6 of 8 Commissioner Morris asked if Bruegger’s Bagels is a nonconforming use, and Ms. Jeremiah said no documents show the space as a restaurant. However, she believes Bruegger’s was the original tenant, so the space may have been misidentified in the documents. Commissioner Morris questions if the PUD established for this area is being negated with such a congregation of restaurants, i.e., it was to be a mixed-used retail/entertainment/food complex and not a food complex surrounding a movie theater. Commissioner Morris is concerned about losing parking spaces to an outdoor eating area. He does not favor the outdoor seating plan, and he can envision outdoor seating as a seasonal use but not at the expense of losing parking spaces year round. He feels such areas are not always well-kept. Commissioner Morris would like this item to be held over or not accept the conditions; he is concerned the original concept of what this corner was intended to be is being lost. Commissioner Bissonnette commented that Caribou Coffee and Bruegger’s Bagels have no wait staff but their outside areas appear to be neat and clean. She thinks Chipotle would blend in well. Commissioner Robertson recommended not removing all of the fence; he likes the idea of creating a path. He said it would be a mistake for the City to ask the applicant not to have a fence. Commissioner Finkelstein would prefer there be no outdoor seating and have patrons use the common area. Commissioner Robertson agrees with Commissioner Finkelstein, i.e., not to approve the seating area, which makes the common area friendlier to all. Mr. Karl said great pride has been taken by the applicant in regard to the cleanliness of the project, as it is a gateway into St. Louis Park. Mr. Karl is agreeable to the conditions as presented by staff. The applicant has not yet executed an agreement with Chipotle but would like to apply the application to any other restaurants that would be interested in working with Frauenshuh or lease it to a retail use. Commissioner Morris asked if furniture would be left outdoors year-round. Mr. Karl responded he thinks it would be stored during the winter. Mr. Karl noted that Chipotle serves beer and wine margaritas. He commented that he is concerned that if the fence is removed, would that prohibit Chipotle’s customers from taking alcoholic beverages into the seating area? Ms. Jeremiah said she will check with the City Clerk. Mr. Karl added that he wants alcohol to remain within a contained area. Ms. Jeremiah said from a zoning perspective, facilities with wine and beer licenses are treated as facilities with no liquor licenses. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 7 of 8 Chair Gothberg closed the public hearing. Commissioner Morris said it is a unique concept to walk into a restaurant, buy alcohol, and drink the alcohol outdoors without the presence of a wait staff. He said a fence will not prevent someone from walking out with alcohol, and he is concerned about unsupervised consumption. Commissioner Robertson thinks if alcohol is available, the restaurant’s outdoor seating area should be enclosed. In regard to seating, Chair Gothberg said it should be a common area, and fencing will give the appearance of a private area, therefore, he urges no fencing. Chair Gothberg said a requirement could be imposed to limit alcohol consumption indoors, with appropriate signage. He cannot imagine a retail establishment surviving without accompanying retail shops next to it and, currently, only one spot remains open. Chair Gothberg favors approval with the revised conditions and recommendations outlined by staff, and he would like staff to report to the City Council on the additional issues relative to the documentation of the original PUD, outdoor seating, and sale of alcohol. It was moved by Commissioner Robertson to recommend approval of a major amendment to the Park Village PUD to allow a change from a retail use to a restaurant use subject to the conditions recommended by staff including staff’s revised recommendations and report of issues raised by Planning Commissioners to the City Council. The motion passed 6-1. (Commissioner Finkelstein opposed). 4. Unfinished Business: None 5. New Business: None A. Consent Agenda B. Other New Business 6. Communications A. Recent City Council Action – July 1, 2002, July 15, 2002 B. Other Commissioner Garelick reported on Santorini Restaurant’s status regarding rooftop events. According to Commissioner Garelick, Mr. Nicklow, owner of Santorini’s, is considering relocating. The property and building are owned by Naegele and not Mr. Nicklow. St. Louis Park City Council Agenda Item: 081902 - 4a - PC Minutes July 17, 2002 Page 8 of 8 Commissioner Morris mentioned the idea of the Planning Commission and City Council setting up a stepped system of conformity over a period of time to allow property owners to come into compliance gradually and still continue with a nonconforming business or open a nonconforming business or expansion. Chair Gothberg said in Santorini’s request, the major portion of the expense was due to statutory requirements to meet current building codes and compliance with ADA. Ms. Jeremiah agreed that it was not nonconforming issues with regard to zoning but it was the cost of the building code improvements that were prohibitive in this case. Staff and the Planning Commission did not recommend removal of the nonconforming billboard, since the Special Permit had allowed it to remain. 7. Miscellaneous 8. Adjournment Chair Gothberg adjourned the meeting at 7:55 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 081902 - 4b - Gambling Report Forms Page 1 of 3 4b Motion to approve second reading of an ordinance amending reporting requirements for lawful gambling organziations, approve the summary and authorize summary publication BACKGROUND: At the City Council meeting of August 5, 2002, Council approved first reading of an ordinance clarifying reporting requirements of local gambling charitable gambling organizations. These revisions specify those reports which need to be submitted regularly and also allow the City to request copies of other reports prepared by the organizations if needed. Attachments: Ordinance Summary Proposed Ordinance Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager SUMMARY ORDINANCE NO.______ CHARITABLE GAMBLING - REPORTING REQUIREMENTS This ordinance states that Chapter 15 of the St. Louis Park Code of Ordinances is amended to clarify reporting requirements for charitable gambling organizations operating in the city. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 19, 2002 Cynthia D. Reichert City Clerk A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: August 28, 2002 St. Louis Park City Council Agenda Item: 081902 - 4b - Gambling Report Forms Page 2 of 3 ORDINANCE NO. 2230-02 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 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 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. 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 Minnesota Department of Revenue. Section 2. This ordinance shall take effect 15 days after its publication. Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 081902 - 4b - Gambling Report Forms Page 3 of 3 St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 1 of 7 4c Appointment of Special Service District No. 2 Advisory Board and Approval of Advisory Board Bylaws Description: This report considers rescinding Resolution 97-96, which approved the Advisory Board membership and Advisory Board By-laws for Special Service District No. 2. Also considered is the approval of a new Advisory Board and revised Advisory Board By-laws for the oversight of activities within Special Service District No. 2. Recommendation: Motion to rescind attached Resolution 97-96, dated July 21, 1997, and to adopt the Resolution approving the appointment of new Advisory Board members and revised Advisory Board By-laws relating thereto for Special Service District No. 2. Background: On July 21, 1997, the City Council adopted Resolution 97-96 which established the Advisory Board membership and approved Advisory Board By-laws for Special Service District No. 2. Advisory Board Appointment: Minnesota statute provides that the City Council may appoint an Advisory Board to advise the City Council on issues relating to the construction, maintenance and operation of improvements in the furnishing of special services within the District. In addition, the Advisory Board would make recommendations on the furnishing of services to the City Council based on input received from other District property owners, occupants and users of property located within the District. The passing of a board member and ownership changes necessitate Advisory Board membership change. Staff contacted all current property owners to solicit interest in serving in this capacity. The attached resolution provides the names and addresses of those property owners who have indicated a willingness and interest in serving on the board. A total of six property owners have expressed interest for board membership. Of the six owners, four are current Advisory Board members and two owners are new. The By-Laws provide for an appointment of up to a nine member Advisory Board. Proposed Advisory Board By-Laws: Attached for the City Council’s review are the proposed Advisory Board By-Laws for Special Service District No. The attached By-Laws has been reviewed by the Advisory Board at a recent meeting and was found to be acceptable. The Advisory Board By-laws changes being recommended are relatively minor and are being done to reflect how business is currently being done. The changes are as follows: St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 2 of 7 Section 2.4 Annual Meeting Change the annual meeting notification from thirty (30) days prior to the meeting to ten (10) days prior to the meeting. Section 3.5 Treasurer Delete this section since the role of Treasurer is a function handled by City staff and not by the Advisory Board. The entire Advisory Board, at each of their quarterly meetings, reviews the financial activities for the District. Attachments: • Resolution 97-96 (Previous – Rescind) • Resolution (Proposed) • By-Laws (Exhibit A) Prepared by: Scott Merkley Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 3 of 7 RESOLUTION NO. 02-086 RESOLUTION APPROVING ADVISORY BOARD APPOINTMENTS AND ADVISORY BOARD BY-LAWS FOR SPECIAL SERVICE DISTRICT NO. 2 WHEREAS, a change in Advisory Board members is needed due to property ownership changes. WHEREAS, a change in Advisory Board By-laws is needed to reflect actual operating practices. WHEREAS, Minnesota Statues Section 428A.07 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving the District. WHEREAS, on May 19, 1997, the City Council adopted Ordinance No. 2093-97 authorizing the creation of Special Service District No. 2, and WHEREAS, Section 8 of City Ordinance 2093-97 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving the District. NOW THEREFORE BE IT RESOLVED that the City Council approves the By-Laws relating to thereto, as attached in Exhibit A and appoints the following property owners within Special Service District No. 2 to the Advisory Board: NAME ADDRESS Sanders M. Ackerberg 4021 Excelsior Blvd. Lyndly Opitz 4320 Excelsior Blvd. David J. Payne 3912 Excelsior Blvd. J. S. (Jack) Rosman, Jr. 3900 Excelsior Blvd. Esta Miller 3947 Excelsior Blvd. Ira Patel 3924 Excelsior Blvd. St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 4 of 7 Reviewed for Administration: Adopted by the City Council on August 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 5 of 7 BYLAWS OF SPECIAL SERVICE DISTRICT NO. 2 ADVISORY BOARD ARTICLE I General Provisions 1.1) The City Council for the City of St. Louis Park has appointed an Advisory board (the “Advisory Board”) for the Excelsior Boulevard Special Service District #2 (the “District”) in accordance with Minn. Statute 428A.07. The function of the Advisory Board is to advise the City Council on issues relating to the construction, maintenance and operation of improvements and the furnishing of special services within the District. In addition, the Advisory Board may make recommendations to the City Council based upon input received from owners, occupants and users of property located within the District and subject to a service charge. The Advisory Board shall have the opportunity to review and comment upon any proposal brought before the City Council to provide services or impose service charges within the District. 1.2) The Advisory Board is established by resolution passed by the City Council pursuant to Minnesota Statute. The City Council, at its discretion, may pass a resolution terminating or suspending the Advisory Board and at its sole discretion, may remove members of the Advisory Board with or without cause. ARTICLE II Advisors 2.1) Number, Term of Office. The Special Service District #2 Advisory Board shall consist of a maximum of nine (9) members (Advisors) who are appointed by the City Council. The City may appoint one additional non-voting member to the Advisory Board to act as a liaison between the City and the Advisory Board. Advisors shall serve two-year terms, which terms shall run to the 31st of December of the second full year of service and may be renewed and will continue until a successor is appointed. 2.2) Voting. At all meetings of the Advisory Board, Advisors shall be entitled to vote in person or by written proxy. Each Advisor shall be entitled to one (1) vote on all motions. Except as otherwise required by the Bylaws, all elections and all questions should be decided by a majority vote of the number of Advisors entitled to vote and represented at the meeting. 2.3) Quorum. The presence of a majority of the Advisory Board shall constitute a quorum for the transaction of business; provided, however, that if any vacancies exist by reason St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 6 of 7 of death, resignation, or otherwise, a majority of the remaining Advisors constitutes a quorum. The acts of a majority of the Advisors present at the meeting at which a quorum is present shall be the acts of the Advisory Board, except in such cases where a larger number is required by these Bylaws. The submission of a written, signed proxy shall constitute attendance by the Advisor submitting such proxy. 2.4) Annual Meeting. An annual meeting of the Advisory Board shall be held in January of each calendar year on a date and at a reasonable time and place designated by the Advisory Board. The Secretary or the City shall prepare and mail notices of all annual meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. 2.5) Regular Meeting. Regular meetings of the Advisory Board shall be held at the time and place as may be fixed by resolution adopted by a majority of the Advisory Board. The Secretary or the City shall prepare and mail notices of all regular meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. 2.6) Special Meetings. Special meetings of the Advisory Board may be called by the President as a matter of discretion. A special meeting shall be called by the President, and when so requested, shall be held within thirty (30) days but not less than 24 hours following the date of the request. The President shall notify the Secretary and the City of a special meeting and the Secretary or the City shall prepare and mail notices as required by the Bylaws. 2.7) Notice of Meetings. Notice of the date, time, and place of each meeting of the Advisory Board shall be mailed to each Advisor and Owner within the time period specified in these Bylaws. The notice shall include an agenda for the meeting. 2.8) Compensation. Advisory Board members shall receive no compensation from the Advisory Board or the City. 2.9) Special Committees. The President may appoint such special committees as may be recommended by the Advisory Board. The committees are subject at all times to the direction of the Advisory Board. Committee members need not be members of the Advisory Board. Special committees may be dissolved by a majority vote of the Advisory Board. ARTICLE III Officers 3.1) Election, Term of office. At its first meeting of each calendar year, the Advisory Board shall elect from its membership a President, Vice President, and Secretary. Officers shall hold office for one year or until their successors are elected, provided, however, that any officer may be removed with cause by the affirmative vote of a majority of the Advisory Board present at a regular or special meeting. St. Louis Park City Council Agenda Item: 081902 - 4c - SSD 2 Bylaws Page 7 of 7 3.2) President. The President shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Advisory Board. All other officers shall be subject to the direction and authority of the President. 3.3) Vice President. The Vice President shall have such powers and perform such duties as may be prescribed by the Advisory Board. In the event the office of the President becomes vacant, the Vice President shall succeed to the President’s powers and duties. 3.4) Secretary. The Secretary shall record the minutes of all meetings of the Advisory Board. The Secretary shall give proper notice of all meetings of the Advisory Board. 3.5) Vacancies. If there is a vacancy among the officers of the Advisory Board, such vacancy shall be filled by the majority vote of the remaining members of the Advisory Board. ARTICLE IV Waiver of Notices 4.1) Whenever any notice is required to be given by these Bylaws, a waiver in writing, signed by the person or persons entitled to said notice, whether before, at, or after the time stated therein, shall be deemed equivalent to any notice required. Attendance by an Advisory at a meeting of the Advisory Board is a waiver of notice of that meeting. ARTICLE V Amendments 5.1) Upon the vote by a two-thirds majority of the Advisory Board, the Advisory Board may recommend to the City Council that it pass a resolution altering, amending or repealing these Bylaws. No alteration or amendment of these Bylaws shall be effective until the City Council approves the same by resolution duly adopted. The Council may also, on its own initiative, pass a resolution altering or amending the Bylaws. St. Louis Park City Council Agenda Item: 081902 - 4d - Bid Tab City Entrance Signs Page 1 of 1 4d Bid Tabulation: Motion to designated Tekton Construction Company, Inc. the lowest responsible bidder for two (2) entry signs and site landscaping and to authorize execution of a contract with the firm in the amount of $67,740.00 - City Project Nos. 00-19 & 02-11. Background: Bids were received on Wednesday, August 7, 2002 for the construction of two (2) entry signs and site landscaping. The sign locations are at Cedar Lake Road and Trunk Highway 169 (Project No. 00-19), and Excelsior Boulevard east of Meadowbrook Road (Project No. 02-11). An advertisement for bids was published in the St. Louis Park Sun-Sailor on July 24, and 31, 2002 and in the Construction Bulletin on July 19, and 26, 2002. A total of five (5) companies submitted bids. A summary of the bid results is as follows: Contractor Bid Amount Tekton Construction Company, Inc. $ 67,740.00 Nadeau Utility, Inc. $ 79,348.75 Jay Brothers, Inc. $ 83,551.00* Environmental Associates, Inc. $ 90,684.00* Global Specialty Contractors, Inc. $ 93,387.06* Engineer’s Estimate $ 96,000.00 * Denotes Engineer’s correction upon extension Evaluation of Bids: A total of five (5) companies submitted bids. A review of the bids indicates Tekton Construction Company, Inc. satisfactorily completed similar sign monument projects in the city of Eden Prairie. Staff has determined that Tekton Construction Company, Inc. submitted the lowest responsible bid and recommends that a contract be awarded to the firm in the amount of $67,740.00. Financial Considerations: Funding for these entrance signs is from the Economic Development Fund. No other funding sources are proposed. Prepared By: Carlton Moore/Michael P. Rardin, Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 1 of 6 4e Appointment of Special Service District No. 3 Advisory Board and Approval of Advisory Board By-laws Description: This report considers the approval of Advisory Board appointments and Advisory Board By-laws for the oversight of activities within Special Service District No. 3 Recommendation: Motion to adopt the attached resolution approving the appointment of the Advisory Board membership and approving the Advisory Board By-laws relating thereto for Special Service District No. 3. Background: On April 15, 2002, the City Council adopted Ordinance 2224-02 authorizing the creation of Special Service District No. 3. Pursuant to direction given by the City Council at the April 15 meeting, subsequent meetings have been held with the commercial property owners related to establishing an Advisory Board to advise the City Council on the ongoing operation of the District. Attached to this report is a set of draft Advisory Board By-Laws which were delivered to all of the commercial property owners and reviewed by the property owners at a meeting on July 24, 2002. The By-Laws outline the role and responsibility of the Advisory Board in its capacity to advise City Council on activities associated with the Special Service District. Advisory Board Appointment: Minnesota statute provides that the City Council may appoint an Advisory Board to advise the City Council on issues relating to the construction, maintenance and operation of improvements in the furnishing of special services within the District. In addition, the Advisory Board also makes recommendations on the furnishing of services to the City Council based on input received from other District property owners, occupants and users of property located within the District. Staff contacted property owners to solicit interest in serving in this capacity. The attached resolution provides the names and addresses of those property owners who have indicated a willingness and interest in serving on the board. A total of five property owners have expressed interest for board membership. The By-Laws provide for an appointment of up to a seven- member Advisory Board. Proposed Advisory Board By-Laws: Attached for the City Council’s review are the proposed Advisory Board By-Laws for Special Service District No. 3. The attached By-Laws were sent to all property owners and reviewed at a recent meeting of property owners within Special Service District No. 3 and were found to be acceptable. St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 2 of 6 Summary and Next Step: Following the appointment of the Advisory Board and approval of the By-Laws, a meeting of the Advisory Board will be scheduled to discuss the annual operating budget and service charge recommendation that was prepared at the time of the District’s creation. It is expected that the Advisory Board will make a recommendation for approval, which will be presented to the City Council for their consideration later this year. Attachments: • Resolution (Supplement) • Advisory Board By-Laws (Exhibit A) Prepared by: Scott Merkley Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 3 of 6 RESOLUTION NO. RESOLUTION APPROVING THE CREATION OF SPECIAL SERVICE DISTRICT NO. 3 ADVISORY BOARD, APPOINTS THE ADVISORY BOARD MEMBERS, AND APPROVING THE BY-LAWS RELATING THERETO WHEREAS, Minnesota Statues Section 428A.07 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving Special Service Districts, and WHEREAS, on April 15, 2002, the City Council adopted Ordinance No. 2224-02 authorizing the creation of Special Service District No. 3, and WHEREAS, Section 8 of City Ordinance 2224-02 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving the District. NOW THEREFORE BE IT RESOLVED that the City Council authorizes the creation of the Advisory Board for Special Service District No. 3, approves the By-Laws relating thereto, attached as Exhibit A, and appoints the following property owners within Special Service District #3 to the Advisory Board: NAME ADDRESS COMPANY Rachel Fitzgerald 4911 Excelsior Blvd. Old World Antiques Bob Fine 4811 Excelsior Blvd. Latitudes/Laundromat Steve Wolfe 4701 Excelsior Blvd. Steve’s Park Amoco Karen Walders 4509-4601 Excelsior Blvd. Lang-Nelson Bldg. Bob Cunningham Excelsior & Grand TOLD Company Reviewed for Administration: Adopted by the City Council on August 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 4 of 6 BYLAWS OF SPECIAL SERVICE DISTRICT NO. 3 ADVISORY BOARD ARTICLE I General Provisions 1.1) The City Council for the City of St. Louis Park has appointed an Advisory board (the “Advisory Board”) for the Excelsior Boulevard Special Service District #3 (the “District”) in accordance with Minn. Statute 428A.07. The function of the Advisory Board is to advise the City Council on issues relating to the construction, maintenance and operation of improvements and the furnishing of special services within the District. In addition, the Advisory Board may make recommendations to the City Council based upon input received from owners, occupants and users of property located within the District and subject to a service charge. The Advisory Board shall have the opportunity to review and comment upon any proposal brought before the City Council to provide services or impose service charges within the District. 1.2) The Advisory Board is established by resolution passed by the City Council pursuant to Minnesota Statute. The City Council, at its discretion, may pass a resolution terminating or suspending the Advisory Board and at its sole discretion, may remove members of the Advisory Board with or without cause. ARTICLE II Advisors 2.1) Number, Term of Office. The Special Service District #3 Advisory Board shall consist of a maximum of seven (7) members (Advisors) who are appointed by the City Council. The City may appoint one additional non-voting member to the Advisory Board to act as a liaison between the City and the Advisory Board. Advisors shall serve two-year terms, which terms shall run to the 31st of December of the second full year of service and may be renewed and will continue until a successor is appointed. 2.2) Voting. At all meetings of the Advisory Board, Advisors shall be entitled to vote in person or by written proxy. Each Advisor shall be entitled to one (1) vote on all motions. Except as otherwise required by the Bylaws, all elections and all questions should be decided by a majority vote of the number of Advisors entitled to vote and represented at the meeting. 2.3) Quorum. The presence of a majority of the Advisory Board shall constitute a quorum for the transaction of business; provided, however, that if any vacancies exist by reason of death, resignation, or otherwise, a majority of the remaining Advisors constitutes a quorum. The acts of a majority of the Advisors present at the meeting at which a quorum is present shall be the acts of the Advisory Board, except in such cases where a larger number is required by St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 5 of 6 these Bylaws. The submission of a written, signed proxy shall constitute attendance by the Advisor submitting such proxy. 2.4) Annual Meeting. An annual meeting of the Advisory Board shall be held in January of each calendar year on a date and at a reasonable time and place designated by the Advisory Board. The Secretary or the City shall prepare and mail notices of all annual meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. 2.5) Regular Meeting. Regular meetings of the Advisory Board shall be held at the time and place as may be fixed by resolution adopted by a majority of the Advisory Board. The Secretary or the City shall prepare and mail notices of all regular meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. 2.6) Special Meetings. Special meetings of the Advisory Board may be called by the President as a matter of discretion. A special meeting shall be called by the President, and when so requested, shall be held within thirty (30) days but not less than 24 hours following the date of the request. The President shall notify the Secretary and the City of a special meeting and the Secretary or the City shall prepare and mail notices as required by the Bylaws. 2.7) Notice of Meetings. Notice of the date, time, and place of each meeting of the Advisory Board shall be mailed to each Advisor and Owner within the time period specified in these Bylaws. The notice shall include an agenda for the meeting. 2.8) Compensation. Advisory Board members shall receive no compensation from the Advisory Board or the City. 2.9) Special Committees. The President may appoint such special committees as may be recommended by the Advisory Board. The committees are subject at all times to the direction of the Advisory Board. Committee members need not be members of the Advisory Board. Special committees may be dissolved by a majority vote of the Advisory Board. ARTICLE III Officers 3.1) Election, Term of office. At its first meeting of each calendar year, the Advisory Board shall elect from its membership a President, Vice President, and Secretary. Officers shall hold office for one year or until their successors are elected, provided, however, that any officer may be removed with cause by the affirmative vote of a majority of the Advisory Board present at a regular or special meeting. 3.2) President. The President shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Advisory Board. All other officers shall be subject to the direction and authority of the President. St. Louis Park City Council Agenda Item: 081902 - 4e - SSD 3 Bylaws Page 6 of 6 3.3) Vice President. The Vice President shall have such powers and perform such duties as may be prescribed by the Advisory Board. In the event the office of the President becomes vacant, the Vice President shall succeed to the President’s powers and duties. 3.4) Secretary. The Secretary shall record the minutes of all meetings of the Advisory Board. The Secretary shall give proper notice of all meetings of the Advisory Board. 3.5) Vacancies. If there is a vacancy among the officers of the Advisory Board, such vacancy shall be filled by the majority vote of the remaining members of the Advisory Board. ARTICLE IV Waiver of Notices 4.1) Whenever any notice is required to be given by these Bylaws, a waiver in writing, signed by the person or persons entitled to said notice, whether before, at, or after the time stated therein, shall be deemed equivalent to any notice required. Attendance by an Advisory at a meeting of the Advisory Board is a waiver of notice of that meeting. ARTICLE V Amendments 5.1) Upon the vote by a two-thirds majority of the Advisory Board, the Advisory Board may recommend to the City Council that it pass a resolution altering, amending or repealing these Bylaws. No alteration or amendment of these Bylaws shall be effective until the City Council approves the same by resolution duly adopted. The Council may also, on its own initiative, pass a resolution altering or amending the Bylaws. St. Louis Park City Council Agenda Item: 081902 - 4f - TS 567 Stop Sign at W 29 and Nevada Page 1 of 2 4f Motion to adopt the attached resolution regarding Traffic Study #567 authorizing the installation of stop signs on Northbound and Southbound Nevada Avenue at W. 29th Street Background: The City received a request to review the uncontrolled intersection of Nevada Avenue and W. 29th Street for the possible installation of stop signs due to poor visibility on the northwest and southeast corners of the intersection. Visibility is restricted in the northwest corner due to a high yard and steep hill. In the southeast corner there are large trees and other vegetation off the City Right-of-Way. Staff did contact the property owner and asked them to trim vegetation in the interest of public safety and they were cooperative. However, the vegetation still blocks visibility. The proposed stop signs do fit into a basketweave pattern on W. 29th Street from Louisiana Avenue to the west. On July 29, 2002, staff mailed a notice to residents on Nevada Avenue and on W. 29th Street near Nevada Avenue informing them of the request to install stop signs on northbound and southbound Nevada Avenue at W. 29th Street. A total of six residents called, all supporting the installation of stop signs. Recommendation: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution authorizing the parking regulations may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommendation action. Attachments: Map (Supplement) Resolution Prepared by: Carton B. Moore, Superintendent of Engineering Reviewed by: Maria A. Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4f - TS 567 Stop Sign at W 29 and Nevada Page 2 of 2 RESOLUTION NO. 02-088 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON NEVADA AVENUE AT W. 29TH STREET TRAFFIC STUDY NO. 567 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install stop signs on Nevada Avenue at W. 29th Street, (north- and south-bound approaches). Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4g - TS 566 Parking Rescrictions 13th and Nevada Page 1 of 2 4g Motion to adopt the attached resolution regarding Traffic Study # 566 authorizing the installation of parking restrictions on Pennsylvania Avenue from 100 feet North of W. 13-1/2 Street, South to W. 13-1/2 Street Background: the City received a request to review visibility concerns at the intersection of Pennsylvania Avenue and W. 13-1/2 Street. The issue is the poor visibility to the north for eastbound traffic on W. 13-1/2 Street. There is a hill to the north which, with the on-street parking of vehicles, blocks visibility to any southbound vehicles. This is a three-way intersection so the visibility concern is for eastbound traffic on W. 13-1/2 Street only. Staff has reviewed this intersection in the field and recommends restricting parking on the west side of Pennsylvania Avenue from W. 13-1/2 Street to a point 100 feet north. Staff also contacted the residents adjacent to the proposed parking restriction and they support the proposal. Recommendation: Staff has identified the following options available to the Council at this time: * 1. Approve the request. If so, the attached resolution authorizing the parking regulations may be utilized. 2. Deny the request. 3. Defer for additional study. * Staff’s recommendation action. Attachments: Map (Supplement) Resolution Prepared by: Carton B. Moore, Superintendent of Engineering Reviewed by: Maria A. Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4g - TS 566 Parking Rescrictions 13th and Nevada Page 2 of 2 RESOLUTION NO. __________ RESOLUTION AUTHORIZING INSTALLATION OF “NO PARKING” RESTRICTIONS ON PENNSYLVANIA AVENUE FROM W. 13-1/2 STREET TO A POINT 100 FEET NORTH TRAFFIC STUDY NO. 566 WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that traffic controls are necessary at this location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Director of Public Works is hereby authorized to install “No Parking” restrictions on the West Side of Pennsylvania Avenue from W. 13-1/2 Street to a point 100 feet North. Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4h - Final Contract Payment Page 1 of 1 RESOLUTION NO. ______________ RESOLUTION ACCEPTING WORK ON 2001 SIDEWALK IMPROVEMENT PROJECT PHASE “A” CITY PROJECT NO. 99-07A CONTRACT NO. 100-01 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, Standard Sidewalk, Inc. has satisfactorily completed the 2001 Sidewalk improvement project, Phase “A” as per Contract No. 100-01. 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 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4i - Alley paving petition 29th Salem to Toledo Page 1 of 3 4i Motion to adopt the attached resolution that declares the petition adequate for the purposes of preparing a formal City Engineer’s Report on the feasibility and costs associated with a proposed alley improvement project in the 2900 block between Salem and Toledo Avenues, north of Minnetonka Boulevard. Background: On July 19, 2002 the residents in the 2900 block between Salem and Toledo Avenues, submitted a petition to the City requesting the alley be paved in accordance with the City’s standard for alleys, and that the cost of the improvements be assessed against all benefited properties. Ms. Katherine P. Brown of 5224 Minnetonka Boulevard (St. Georges Episcopal Church) circulated the petition. This alley is a “T” alley located between Salem and Toledo Avenues, and north of Minnetonka Boulevard to W. 29th Street. The City’s Alley Paving Policy requires that at least 51% of the property owners (based on alley front feet) sign a petition for the improvement in order to investigate the feasibility and cost of construction. Analysis: 51.37% of the property owners (7 of 17 affected properties) have signed the petition. Therefore, the petition is deemed adequate in order to prepare a City Engineer’s report for review by the City Council. Attachments: Resolution List of petition executors Petition 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: 081902 - 4i - Alley paving petition 29th Salem to Toledo Page 2 of 3 RESOLUTION NO. 02- RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REPORT TO DETERMINE THE FEASIBILITY OF PAVING THE ALLEY LOCATED IN THE 2900 BLOCK BETWEEN SALEM AND TOLEDO AVENUES, NORTH OF MINNETONKA BOULEVARD WHEREAS, the City Council of the City of St. Louis Park has received a petition signed by affected property owners related to alley paving in the 2900 block between Salem and Toledo Avenues, north of Minnetonka Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City’s Alley Paving Policy requires that a petition containing signatures from at least 51% of the affected property owners be received in order to investigate the feasibility and cost of construction. 2. A certain petition requesting the improvement of the alley in the 2900 block between Salem and Toledo Avenues, filed with the Council on August 19, 2002, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 3. The petition is hereby referred to the City Engineer and she is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 4i - Alley paving petition 29th Salem to Toledo Page 3 of 3 Petition Signatures for Concrete Alley Paving in 2900 Block between Salem and Toledo Avenues Address Petition Signed by Property Owners 2901 Toledo Avenue So. * 2909 Toledo Avenue So. * 2913 Toledo Avenue So. 2917 Toledo Avenue So. 2921 Toledo Avenue So. 2925 Toledo Avenue So. 2933 Toledo Avenue So. * 2939 Toledo Avenue So. 2900 Salem Avenue So. 2904 Salem Avenue So. * 2908 Salem Avenue So. 2916 Salem Avenue So. 2922 Salem Avenue So. * 2930 Salem Avenue So. 2934 Salem Avenue So. 2940 Salem Avenue So. * 5224 Minnetonka Boulevard * Petition signed by 7 of 17 properties (51.37%) St. Louis Park City Council Agenda Item: 081902 - 4j - Encroachment Agmt MSP Realty Page 1 of 1 4j Motion to approve encroachment agreement with MSP Real Estate (Louisiana Oaks Apartments) for an encroachment of exterior stairs onto a City utility easement. Background: The City of St. Louis Park was approached by MSP Real Estate, Inc. when they realized they needed to locate their exterior stairs onto a City utility easement. The exterior stairs were approved by the City of St. Louis Park to meet building code requirements for proper exiting from the Louisiana Oaks Apartment building. The stairs were originally planned to be located entirely on their property. Due to survey complications the west stairs were constructed into the City’ utility easement. Modification of the stairs would be very costly and rewriting the City’s utility easement is not recommended by staff. No City utilities are located in the utility easement. The encroachment agreement requires the property owner to indemnify and hold the City harmless from any action caused by the encroachment. The agreement is also subject to termination with 90 days written notice. Encroachment Agreement Review: City Attorney, Tom Scott, has reviewed the agreement. Mr. Scott has prepared similar generic agreements for Public Works 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 stairs off the City’s utility easement. Attachments: Map of Louisiana Oaks (Supplement) Prepared by: Carlton B. Moore, Superintendent of Engineering Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4k - Encroachment Agmt 3025 Aquila Page 1 of 1 4k Motion to approve encroachment agreement with Philip and Barbara Lindblad, 3025 Aquila Avenue South, for use of excess land along the Hutchinson Spur Trail for yard and garden purposes. Background: When the City purchased the right of way for the Hutchinson Spur Trail, the residents at 3025 Aquila Avenue South asked if the City would allow them to use part of the excess right of way for yard and garden purposes. Staff indicated to them that any request would have to wait until the trail was completed to better determine what might be available for an encroachment agreement. Engineering staff met with Park and Recreation staff who indicated they had no concerns regarding the requested encroachment. The encroachment agreement requires the property owner to indemnify and hold the City harmless from any action caused by the encroachment. The agreement is also subject to termination with 90 days written notice. Encroachment Agreement Review: City Attorney, Tom Scott, has reviewed the agreement. Mr. Scott has prepared similar generic agreements for Public Works for occurrences such as this. Our goal is to have these encroachments in writing so we can monitor them. Staff also met with the Hennepin Parks (now Three Rivers Park District) Trail Coordinator. The Three Rivers Park District will operate the trail on the City’s property and City staff wanted their approval of the proposed encroachment agreement. They had no problem with the proposed use of the land and agreement. City staff also brought this request to the Development Review Committee which recommended that staff proceed with the encroachment agreement. Attachments: Map Prepared by: Carlton B. Moore, Superintendent of Engineering Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 4l - Telecom Comm Minutes May 9, 2002 Page 1 of 5 OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF MAY 9, 2002 at 7:00 p.m. ST. LOUIS PARK CITY HALL, WESTWOOD ROOM MEMBERS PRESENT: Bruce Browning, Dale Hartman, Ken Huiras, Bob Jacobson, and Mary Jean Overend MEMBERS ABSENT: Rick Dworsky STAFF PRESENT: Reg Dunlap, Civic TV Coordinator, John McHugh, Community TV Coordinator OTHERS PRESENT: Tom Marble, Director of Information Services; Charlie Fiss, Media Technician; Ted Pawlicki, Junior High Video Technician; and Linda Samson, Recording Secretary 1. Call to Order Chair Hartman called the meeting to order at 7:02 p.m. 2. Roll Call Present at roll call were Commissioners Bruce Browning, Ken Huiras, Bob Jacobson, Mary Jean Overend, and Chair Dale Hartman; St. Louis Park School District Director of Information Services Tom Marble, Media Technician Charlie Fiss, and Junior High Video Technician Ted Pawlicki; City Staff Reg Dunlap and John McHugh; and Recording Secretary Linda Samson. 3. Approval of Minutes for February 21, 2002 The minutes were approved as presented. It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve the minutes. The motion passed 5-0. 4. Adoption of Agenda On a future agenda, Commissioner Overend would like to add a discussion regarding emails in regard to AOL/Time Warner financials, i.e., a past, current, and future overview. It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approved the agenda. The motion passed 5-0. St. Louis Park City Council Agenda Item: 081902 - 4l - Telecom Comm Minutes May 9, 2002 Page 2 of 5 5. New Business A. Review School District programming reports and initial proposal for 2002 grant funds A copy of Tom Marble’s report was distributed to the Commissioners. Mr. Marble is the Director of Information Services, St. Louis Park schools. Mr. Marble was accompanied by Ted Pawlicki, junior high school video technician and Charlie Fiss, media technician. Mr. Marble remarked he would like a new computer program to replace Scala, which is used for the channel 14 videotext. He said there is exploration regarding the continuance of televising the school board meetings live when the Board moves back to their regular meeting room at the high school. Mr. Marble said the high school has equipment for one working studio, and a second working studio is in the works to better accommodate students. The two studios haven’t been used this school year since the remodeling contractors stored construction materials there. Commissioner Overend asked if the school could provide information regarding student demand for video and studio resources, and Mr. Marble and Mr. Fiss replied yes. Mr. Marble said a substantial amount of previous grant monies from the Telecommunications Commission was used at the senior high level, and that money should be dispersed throughout the district to include the junior high and elementary levels. Mr. Pawlicki said he works with technical education, three classes per day with four to six students for ten days, and the students produce a five to seven minute video. He said the gifted and talented students having been working to produce a news show by the end of the year. Mr. Marble said there is an after-school video club with seven students. Grant money has been used to purchase a higher end editing system for productions; one Final Cut Pro was also purchased for the junior and senior high schools. A Mac G4 system, 4 digital camcorders, a digital switcher and video walkman were purchased for the junior high school for about $11,000. Mr. Marble said video production is becoming pervasive for several types of class subjects, e.g., the social sciences and science classes, and there is tremendous demand pressure from teachers and students to borrow equipment; and all is on the digital format. Mr. Marble reported his direction comes from the technology advisory group at the senior high. Commissioner Jacobson asked, outside of grant activities, what value does the Telecommunications Commission have? Mr. Dunlap responded—grant administration. Mr. Fiss said the lack of programming on channel 14 has been due to his absence since last mid-November. Mr. Marble said one position operates channel 14. Commissioner Jacobson said one justification for grant money is the operation of channel 14. It was noted that a large amount of grant money has been earmarked for equipment purchases. Mr. Fiss said he will provide quarterly reports for channel 14 programming. St. Louis Park City Council Agenda Item: 081902 - 4l - Telecom Comm Minutes May 9, 2002 Page 3 of 5 Commissioner Jacobson asked if the school is nearly 100% MacIntosh, and Mr. Fiss replied yes for tv production equipment, and in homes it is nearly 100% PCs. Commissioner Jacobson said that is the dilemma, how do students get anything out of that? Mr. Marble said at the senior high the percentages are 50/50. Mr. Marble said 40 PCs were installed in a lab due to a foreign language learning grant. Mr. Marble confirmed an advisory group directs the activities of the media/video school district employees. Commissioner Huiras asked about the inventory lists and associated grant amounts. Mr. Marble said operating grants have been used to pay salaries of those who run channel 14 and the operations of the school district. He said technology receives some money from a levy to lease equipment, for technical support, to pay salaries, maintenance and construction, and for data networking. For the record, Commissioner Jacobson said the Telecommunications Commission wants a log of channel 14 programming. There was discussion regarding the life cycles of various equipment, junior high equipment inventory, and nonfunctional equipment. Mr. Marble confirmed that the Telecommunications Commission would like quarterly reports in advance of their meetings, and for channel 14 programming, the Telecommunications Commission would like to know: What programs were aired (w/date of premiere showing) The length of the programs From where the programs premiered, e.g., the junior high or the senior high Mr. Marble said the school district is now providing him with budgets sheets related to the grant(s). He would like to keep the technology levy and grant monies separate. Commissioner Huiras would like an inventory update. Mr. Dunlap noted that for last year the operating grant was $35,000, and the equipment grant was $15,000. It was moved by Commissioner Huiras, seconded by Commissioner Browning, to approve the operations grant for 2002 for $35,000, however, the equipment grant is to be separate. The motion passed 5-0. Commissioner Huiras mentioned his concern for losing franchising fees that pertain to the Road Runner service. Mr. Dunlap responded the cable franchise fees will rise even if Road Runner is taken out, and the anticipated dollar loss is $70,000. The issue of refunds is uncertain. St. Louis Park City Council Agenda Item: 081902 - 4l - Telecom Comm Minutes May 9, 2002 Page 4 of 5 Commissioner Jacobson suggested that Mr. Marble and Mr. Fiss figure out their needs for the next two years and submit a request promptl y. It was moved by Commissioner Jacobson, seconded by Commissioner Huiras, to approve the proposal for equipment for $38,000. Commissioner Browning said he prefers one-half of that be allocated now and one-half later. Mr. Dunlap stated that last year’s equipment grant was $15,000. It was moved by Commissioner Browning, seconded by Commissioner Overend, to amend the motion, and he would like to suggest one-half of the amount be allocated now and one- half later, contingent on the District submitting the required quarterly programming reports. The motion passed 5-0. Commissioner Jacobson withdrew his motion. B. Discussion on the School District using interns for extra experience and to accomplish District programming goals Mr. Marble said one or two high school students a year express interest in working as video aides during the school day. Mr. Marble discussed the radio station at St. Louis Park High School, and its association with the University of Minnesota. Mr. Marble and Mr. Fiss have discussed internships for high school students, and the funds to pay them would come from the operating grant. C. Telecommunications Commission Grants for specific programs Mr. Dunlap briefly discussed possible specific programs for interns. D. FCC ruling on reclassifying cable modem fees as information service Mr. Dunlap said cable modem fees were re-classified by the FCC and it will take up to 10 months for them to complete their rule-making procedure. Basically, the FCC has opened the door for cable companies to discontinue paying 5% of their franchise fee on, for example, Road Runner or other data services due to the reclassification. Mr. Dunlap said St. Louis Park will, however, continue to receive 5% of other cable services such as digital cable, standard packages, and basic services. Mr. Dunlap will distribute specific budget figures to the Commissioners. 6. Old Business A. Update: Auditing Time Warner Cable franchise fees St. Louis Park City Council Agenda Item: 081902 - 4l - Telecom Comm Minutes May 9, 2002 Page 5 of 5 Mr. Dunlap reported that St. Louis Park is still in the process of getting address information from Time Warner Cable. It was noted that if Time Warner Cable continues to fail to provide the appropriate information, the Telecommunications Commission may want to recommend to the City Council to find Time Warner Cable in violation of the franchise ordinance. At this time, Time Warner Cable has not indicated that there is a conflict between federal law and city ordinance. Mr. Dunlap will keep the Commissioners informed. B. Review annual Commission Report to City Council Some Telecommunications Commissioners will attend the City Council Study Session to discuss the 2002 Work Plan and its progress, various updates, and grant monies to the School District. 7. Reports Commissioner Huiras asked about Time Warner’s report regarding figures for lost and new subscribers. Discussion regarding possible reasons followed. Communications from the Chair: None 8. Communications from City Staff Mr. Dunlap said he received a letter from Time Warner Cable stating they will track cable modem revenues separately in order to account for cable modem revenues specifically for St. Louis Park. Mr. Dunlap reported Time Warner Cable customers may now email Time Warner Cable with questions regarding customer service. 9. Adjournment It was moved by Commissioner Jacobson, seconded by Commissioner Browning, to adjourn the meeting at 9:48 p.m. The motion passed 5-0. Minutes prepared by: Respectfully submitted by: Linda Samson Reg Dunlap Recording Secretary Civic TV Coordinator St. Louis Park City Council Agenda Item: 081902 - 6a - Chipotle Liquor License Page 1 of 1 6a. Public Hearing to consider granting license to sell wine and beer Chipotle Mexican Grill of Colorado, LLC dba Chipotle at 5480 Excelsior Blvd in St. Louis Park Recommended Action: Mayor to close the public hearing. Motion to approve a wine and beer license contingent upon receipt of planning approvals still under consideration. Background: Chipotle Mexican Grill of Colorado, LLC has made application to operate a restaurant with liquor at 5480 Excelsior Blvd. The corporation had originally applied for an intoxicating on-sale license but experienced difficulty meeting the zoning requirements for that license classification. They have therefore requested that they be considered for a wine license which will allow them to sell both wine and strong beer. Most Chipotle restaurants in Minnesota operate with intoxicating on-sale licenses with the average restaurant generating alcohol sales of less than two percent with over ninety-eight percent of the sales attributed to food. There will be no bar located on the site. The Police Department has conducted an investigation of the parties and has found no cause to deny the license. Recommendation: Because the planning process is still underway, staff recommends that approval of the license be granted contingent upon approval of the Major Amendment to the PUD. Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 1 of 6 8a Request by Cedar Trails Condominium Association for minor amendment to existing Special Permit to incorporate proposed plan for modification of existing pool building Case No. 02-45-CUP 4400-4654 Cedar Lake Road Recommended Action: Motion to adopt a resolution approving minor amendment to existing conditional use permit subject to conditions stated. Background: On August 30, 1971, the City Council adopted Resolution 4327 for a Special Permit to allow a 280-unit apartment complex known as Cedar Trails. On July 5, 1994, the City Council passed Resolution 94-82 granting an amendment to the Special Permit to Cedar Trails approving the addition of several garage buildings and a new 2-story community building to replace the existing small pool building. The garages were subsequently constructed, but the community building was not. Cedar Trails is proposing to modify the existing pool building to add bathrooms. This is part of a package of proposed maintenance items that includes residing and reproofing existing structures. They still do not plan on adding the community building. The proposed resolution (attached) is for a minor amendment to the existing special permit to incorporate the proposed plan for the modification of the existing pool building and to clarify the community building would not be constructed. Minor amendments do not require public hearings and are not considered by the Planning Commission. Analysis: Does the proposal meet the requirements of the Zoning Code for approval of a minor amendment to Special Permits? The Zoning Code allows both major and minor amendments to existing Special Permits. A minor amendment does not require a public hearing or Planning Commission action. Minor amendments are those that do not change parking requirements or add additional units or floor area to existing buildings. In this case, the amendment will reduce the floor area that was approved for the community building that was never constructed. The Zoning Code also requires that when amendments are made to existing special permits that any non-conformities on properties be brought up to the current Code standards to the extent “reasonable and possible”. In addition to improvements to the pool building, the applicant is also proposing to reside a number of existing garage buildings. The existing garages were approved with cedar siding with brick pilasters. Cedar is a non-conforming material under the current Zoning Code for multi- St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 2 of 6 family buildings. The applicant has proposed to replace the existing siding with “Hardiplank”, a cementatious material that mimics lap siding. The Zoning Code considers this material a class 2 material, and considers the use of this material meeting the requirement of bringing non- conformities into greater compliance as a condition of approving amendments of existing special permits. The elevation exhibit for the pool building shows brick pilasters, and does not name the siding material. A condition has been added to the resolution that requires the siding to be “Hardiplank.” Recommendation: Staff recommends approval of the attached resolution subject to the conditions stated. Attachments: Proposed Resolution Site Plan (Supplement) Pool Building Elevation and Floor Plan (Supplement) Prepared By: Judie Erickson, Planning Coordinator Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 3 of 6 RESOLUTION NO. ____ Amends and Restates Resolution Nos. 4327 and 94-82 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 94-82 ADOPTED ON JULY 5, 1994, GRANTING AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36 (d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MODIFICATIONS TO EXTERIOR MATERIALS AND EXHIBITS FOR ACCESSORY STRUCTURE FOR PROPERTY ZONED R-4 MULTIPLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4400-4654 CEDAR LAKE ROAD FINDINGS WHEREAS, Cedar Trails Condominium Association (Park Midwest, LLC) has made application to the City Council for an amendment to an existing special permit under Section 36- 36(d)(4) of the St. Louis Park Ordinance Code to allow modifications to approved building materials for accessory structures, elimination of a community building, and modifications to a pool building at 4400-4654 Cedar Lake Road within a R-4 Multiple Family Residential District having the following legal description: Parcel 1: Tract A, Registered Land Survey No. 1228, Files of Registrar of Titles, County of Hennepin. That part of the south half of the southeast quarter of Section 30, Township 29, Range 24, described as commencing at the Southeasterly corner of Tract D, Registered Land Survey No. 1228, Files of the Registrar of Titles, County of Hennepin; thence Northeasterly along the Northwesterly right-of-way line of the Great Northern Railway Company a distance of 872 feet; thence Northwesterly, at a right angle, 190 feet; thence Southwesterly at a right angle, 793.08 feet to the point of beginning; thence Northwesterly, deflecting to the right 72 degrees; 42 minutes, a distance of 162.4 feet; thence Westerly, deflecting to the left, 56 degrees a distance of 174.9 feet; thence Southerly at a right angle, 171.98 feet to the Southeast corner of Tract C, Registered Land Survey No. 1228; thence Easterly to the point of beginning, except the Southeasterly 60 feet of the above described tract; as measured at right angles to the Southerly boundary line thereof, according to the Government Survey thereof. Subject to a temporary snow fence easement in favor of the County of Hennepin as shown by instrument of record in Book 1984 of Deeds, page 441, Doc. No. 2852159; Subject to a right of the County of Hennepin to construct a slope upon that portion of the premises lying within a distance of 28 feet Northerly of State Aid Road No. St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 4 of 6 16 as described in instrument of record in Book 1984 of Deeds, page 441, Doc. No. 2852159; Subject to an easement in favor of the City of St. Louis Park for drainage and storm sewer as shown by instrument recorded in Book 2588 of Deeds, page 10, Doc. No. 3656860, as to that part of the premises lying easterly of a line drawn South perpendicular to the North line of the south half of the Southeast Quarter of Section 30, Township 29, Range 24, from a point in said North line 1030 feet East of the Northwest corner of said South half of the Southeast Quarter; Together with an easement over part of the Southeast Quarter of Section 30, Township 29, Range 24 and Tract C, Registered Land Survey No. 1228 for ingress, egress and utility purposes as shown in deed Doc. No. 1017383, Files of Registrar of Titles; Parcel 2: A.C. Kayll all interest in the following described land: That part of the South ½ of the Southeast Quarter of Section 30, Township 20 North, Range 24 West, lying North of the center line of Cedar Lake Road and West of a line drawn Southerly from and perpendicular to the North line of said South ½ of the Southeast Quarter from a point in said North line distant 664 feet East of the Northwest corner of said South ½ of the Southeast Quarter except the North 200 feet of the West 253 feet (Torrens) WHEREAS, the City Council has considered the information related to Planning Cases Nos. 71-28-SP, 94-27-CUP and 02-45-CUP and the effect of the proposed modifications to accessory structures on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution Nos. 4327 of the St. Louis Park City Council dated August 30, 1971 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 94-82 of the St. Louis Park City Council dated July 5, 1994 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special use permit; and St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 5 of 6 WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 4327 and amended by 94-82 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 02-45-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 4327 is hereby restated and amended by this resolution which continues and amends an existing special use permit to the subject property for the purposes of permitting modifications to accessory structures within a 280-unit multi-family development within the R-4 Multiple Family Residential District at the location described above based on the following conditions: 1. The site be developed, used and maintained in accordance with Exhibit “A” “A”, Site plan; Exhibit “B” “B”, Dimension Plan; Exhibit “C” “C” Landscape Plan; Exhibit “D” ”D” Building Elevation Plan; Exhibit “E” “E”, Topographic Features Section Plan, Exhibit “F” “F” Rendering, and “Exhibit “G” “G” Drainage and Utility Plan, except as modified by any of the following conditions. 2. Driveway edges, planting islands, and exterior edges of all parking lots, except at retaining walls and garages, shall have a 6 inch high concrete curb to control drainage and retain vehicles within the paved areas. 3. All improvements shown on the exhibits including the structures, parking lots, driveways, landscaping and improved useable open space shall be completed by June 1, 1973; however, any units occupied prior to said date shall have all of the above non-structural elements completed for all areas within 50 feet of the occupied unit within 60 days after occupancy, except between October 15, 1971 and April 15, 1972 the 60 days for completion of the non-structural elements shall not commence until April 16, 1972, and except between October 15, 1972 and April 15, 1973 the 60 days for completion of the non-structural elements shall not commence until April 16, 1973. 4. The special permit shall be amended on July 5, 1994 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit A, - Site Plan, Exhibit B – Lighting Plan, Exhibit C – Community Building and Garages and Exhibit D – Landscaping Plan such documents incorporated by reference herein. Exhibit C is modified by Exhibit F as stated in 5a. b. No Certificate of Occupancy issued until all improvements complete. St. Louis Park City Council Agenda Item: 081902 - 8a - Cedar Trails Page 6 of 6 5. The special permit shall be amended on August 19, 2002 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit F such documents incorporated by reference herein. This exhibit modifies Exhibit C under 4a. b. Exterior materials on all accessory buildings shall be fiber-cement boards with brick pilasters. c. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor Attest: City Clerk 02-45-CUP:N/res-ord St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 1 of 15 8b Request by Frauenshuh Companies for a major amendment to the approved Planned Unit Development for Park Village/Tower Place to allow a change in an approved use 5480 Excelsior Blvd Case No. 01-36-PUD Recommended Action: Motion to approve a resolution amending the Park Village/Tower Place Planned Unit Development to allow a change in the approved use from retail to restaurant subject to the conditions included in the resolution. Zoning: C2, General Commercial Comprehensive Plan Designation: Commercial Background: On November 15 1994, the City Council approved a final PUD for Tower Place, a retail and theater development located at Excelsior Boulevard and Park Center Boulevard. This is part of a larger PUD, Park Village, which is shared with Park Nicollet. The Tower Place component consists of retail and restaurants in four (4) buildings with the following approved square footage per use: 7,000 square feet for a restaurant with intoxicating liquor, 26,000 square feet as a theater, 7,000 square feet of retail, 3,400 square feet for café/retail, and 3,800 square feet for fast food. The development agreement contains a specific provision requiring the developer to cooperate with the City in the resolution of any traffic, parking or safety problems, which may arise in conjunction with this development. In December 1994, the City Council approved an amendment to the PUD that allowed modifications to exterior building elevations, parking lot layout and parking calculations. The modification in parking calculations resulted in an increase in the number of parking stalls provided. Today, 328 parking stalls are provided on site and 383 are shared with Park Nicollet via a shared parking agreement. The applicant, Frauenshuh Companies, is currently requesting a PUD amendment to modify the approved use square footage and convert 3,500 square feet of retail to restaurant without intoxicating liquor. They are applying for a wine and beer license but would not have a separate bar area. By zoning, restaurants with wine and beer licenses and no bar are treated the same as restaurants that do not serve any alcohol. The space in question was previously occupied by Renewal-Windows by Anderson and is proposed to be re-leased to Chipotle. Chipotle is a dine- in/carry out mexican grill. The space is in the multi-tenant theater building to the east of Timberlodge and west of the hair salon and Brueggers. The City has contracted with SRF, who has completed a traffic and parking analysis to determine what, if any, impacts this will have on the traffic, parking and circulation for this entire development and to the surrounding area. The applicant is responsible for the cost of the study. St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 2 of 15 On July 17, 2002, the Planning Commission held a public hearing on this item and voted 6-1 to recommend approval subject to the conditions recommended by staff. The Commission requested staff to research the original PUD to determine if there was an intent that this complex be a mixture of retail, entertainment, and food. Staff was also directed to research laws regulating alcohol in outdoor seating areas and if there was a law requiring these areas to be enclosed. These issues are addressed below. Issues: Ø How will this impact future traffic operations in the area? Ø Can interior circulation with the site be improved? Ø Is there adequate parking to accommodate another restaurant? Ø Should outdoor seating be allowed? Ø Is alcohol allowed in outdoor seating areas? Ø Are there other issues? Ø How will this impact future traffic operations in the area? SRF Consulting Group, Inc completed a traffic study to determine the traffic impacts to the adjacent roadway system related to the proposed redevelopment (See pages 3 & 6 of the traffic study). A traffic operations analysis was conducted during the p.m. peak hour at key intersections near the project area and determined that traffic currently operates at Level of Service (LOS) C or better. This is considered acceptable. Trip generation estimates for the daily and p.m. peak hour were calculated for the proposed redevelopment and a traffic operations analysis was conducted for the year 2004. It was determined that all key intersections are expected to continue to operate at an overall LOS C or better. Based on this study, staff and the Planning Commission do not believe this proposal would have a negative impact on the traffic volumes on Excelsior Boulevard (see attached traffic study). Ø Can interior circulation within the site be improved? Staff is aware that the interior circulation within this development can be congested during peak usage, especially near the entrances by McDonald’s and the movie theater. To determine what improvements may be needed to accommodate the increases in traffic from the proposed redevelopment as well as other related internal traffic issues a review of the site circulation was conducted by SRF during a period of peak usage (on Friday, June 7, between 6:30 and 7:30 p.m.). Based on the analysis, SRF made the following recommendations: • A ‘Stop’ sign be installed at the west approach of the Park Nicollet Boulevard/Park Village Access, in order to provide all-way stop control at this intersections. It is also recommended that “All-Way” signs be posted below all ‘Stop’ signs at this intersection (Location 1 on Figure 3 of the Traffic Study). • “Inbound Traffic Does Not Stop” signs should be installed at the east and west T- intersections (Locations 2 & 3 on Figure 3) entering the park Village site. “Stop” and “Traffic from the Left/Right Does Not Stop” signs should also be installed at the side-street approaches where they are not currently posted at these T-intersections. • A “Stop” sign should be installed at the north approach of the Right-In/Right-Out Access/CSAH 3 intersection (Location 4 on Figure 3). St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 3 of 15 Public Works has reviewed the above recommendations and is in agreement. Park Nicollet, who is also a part of this PUD, was provided a copy of these recommendations prior to Planning Commission consideration. They have not provided comments. At this time staff and the Planning Commission are recommending that the applicant install the signage as recommended by SRF. Ø Is there adequate parking to accommodate another restaurant? As stated previously, there are a total of 328 parking stalls provided on site and 383 shared with Park Nicollet via a shared parking agreement. Park Nicollet owns the surface parking lot that is just north of the theater. A parking analysis was conducted to estimate the affect the proposed redevelopment will have on the parking supply. SRF estimated that the weekday and weekend peak demand for Chipotle is expected to be 45 and 50 spaces, respectively. The demand for parking is greatest on this site when patrons are at both the movie theater and restaurants on site. Therefore, SRF conducted their parking analysis on Friday, June 7, between 6:30 and 7:30 p.m. The table below displays the results of the parking observations during this time period. Parking Lot Total Spaces Friday Evening – 6:30 to 7:30 p.m. Occupied Spaces Available Spaces South of Theater 328 129 199 McDonalds 75 20 55 As shown above, 199 spaces were available in the south parking lot. SRF concluded that this excess in parking spaces is expected to accommodate the anticipated parking demand of the proposed restaurant. “In addition, an ample supply of parking spaces was available in the parking structure located north of the movie theater during the Friday evening peak period,” (page 10 of the Study). SRF did note that most of the occupied spaces were located in front of Timber Lodge and Boston Market. The center of the lot, in front of the subject space, had less than 5 occupied spaces. At 12:00 p.m. on Wednesday, June 26, 2002, staff conducted an additional parking analysis to determine the parking availability during the lunch hour peak. At that time approximately 52 out of 328 spaces were occupied in the south lot (276 available spaces). The majority of occupied spaces were in front of Bruegger’s and Boston Market. In addition, approximately half of the north lot was unoccupied. Based on these observations and the parking analysis by SRF, staff and the Planning Commission believe that there will be adequate parking to accommodate the proposed restaurant use. Ø Should outdoor seating be allowed? The applicant has requested to add an outdoor seating area on the south side the building. During the Planning Commission review, this seating area was proposed to be adjacent to the building, enclosed with a fence. Two handicap parking stalls were proposed to be removed. Based on staff and the Planning Commission recommendation to keep a 5 foot wide sidewalk open to pedestrians, revised plans were submitted. The newly proposed outdoor seating area was moved away from the building. The current proposal would require the removal of 3 handicap St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 4 of 15 parking stalls (See attachment). Staff believes the outdoor seating could be moved further west so that only two (2) handicap stalls are lost. This was acceptable to staff and the Planning Commission since an excess of handicap parking currently exists. Staff and the Planning Commission also recommend against fencing the outdoor seating area so that it would provide a common seating area that could be used by people who may have purchased food from other business. This would be similar to the existing open seating currently provided between Bruegger’s and Caribou Coffee. The applicant has indicated that they are comfortable with this. The revised plans still show the fencing, so staff and the Planning Commission recommend further revisions before the plans become official exhibits. Ø Is alcohol allowed in outdoor seating areas? Chipotle has applied for a wine and/or beer liquor license. It is staffs understanding that beer will be one of the beverage options. The Planning Commission was concerned about laws regulating alcohol consumption outdoors, and directed staff to determine if, by law, alcohol could be consumed in an open outdoor seating area or if it would have to be in an enclosed seating area or remain indoors. Staff has since found that City and State laws do not require outdoor seating areas to be enclosed when alcohol is provided. State law requires that outdoor seating areas be compact and contiguous to the building. These conditions have been met. Staff has visited other Chipotle locations and found that the outdoor seating areas vary. Some locations have no outdoor seating, some have a completely enclosed seating area, and some seating areas are not enclosed and have tables adjacent to the building. It is staff and the Planning Commission’s belief that the subject location would be better served with an unenclosed outdoor seating area. As noted, this is more in keeping with the current character of the area. It would allow customers of other restaurants to join friends who may be eating at Chipotle. Staff and the Planning Commission recommend the outdoor seating be unenclosed, that a 5 foot clear sidewalk be provided parallel to the building as shown on plans dated July 29, 2002, and a maximum of 2 handicap spaces be removed as originally proposed. Also, according to ordinance, the total area of outdoor seating cannot be more than 10% (350 sq. ft.) of the indoor restaurant area or additional parking is required. The outdoor seating on revised plans is approximately 397 sq. ft., which is greater than 10%. A reduction in area is required. Staff and the Planning Commission recommend the revisions be made before the plans become official exhibits. Ø Are there other issues? The applicant is proposing minimal changes to the exterior façade of the building to accommodate signage for Chipotle. Upon initial review the proposed signage appears to meet city requirements. All signs will require a sign permit and must meet sign ordinance requirements. Minimal changes are proposed for the exterior of the building. This may include the replacement of exterior doors and a change in the color of the cloth awnings from green to red. Overall, any changes would have to be consistent with the overall appearance of the buildings on site. Plans for a 4’ x 6.5’ exterior exhaust chase were submitted after the Planning Commission meeting. St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 5 of 15 The chase is proposed on the west side of the theatre building. It will extend out 4 feet from the building and run up the entire height of the building. A door is proposed at its base. The same building materials as those currently existing are proposed, thus the chase will blend into the west wall. The chase will not encroach into the existing sidewalk. Staff believes this chase meets the architectural standards and in fact brings the building into greater conformance by providing additional building wall deviation. The chase must meet MN State Building Code requirements. Due to the fact that this is a change in occupancy, the building code requires that the space must comply with the Accessibility Code as if this were a new building. Staff and the Planning Commission have included this as a condition prior to occupancy. The applicant is currently working with the City’s Environmental Health Specialist to ensure that the proposed restaurant meets the general food service construction requirements. The Planning Commission did request staff to research if the intent of the original PUD was to provide a mixed use complex consisting of retail, entertainment, and food. The question raised was whether the approval in a change from retail to restaurant would negate the original intent of the PUD since it has become almost entirely restaurants with one hair salon, the theater, and no retail. Staff reviewed the original PUD (93-18-PUD), and did not find any language that described the intention of this complex other than that shown on the master plan that was originally approved with Phase I (Approved on August 2, 1993). That plan described this portion of the PUD as the retail and theater development. On that plan the uses of the Retail development were listed as 7,000 square feet for a restaurant, 26,000 square feet as a theater, 7,000 square feet for video/ retail, 3,400 square feet for café/retail, and 3,800 square feet for fast food. Staff does not believe that this proposed amendment conflicts with the original intention of the PUD. In fact, staff and some Planning Commissioners have questioned the viability of retail in this particular location, since it is far removed from other walkable retail storefronts in the Park Commons area and would have to compete with them. Recommendation: Staff and the Planning Commission are recommending approval of a major amendment to the Tower Place/Park Village PUD to allow conversion of 3,500 square feet from retail to restaurant subject to the conditions in the resolution. Attachments: Resolution Planning Commission Minute Exerpts Site layout (Supplement) Traffic Study (Supplement) Interior Plans (Supplement) Exterior Elevations (Supplement) Prepared By: Julie Grove, Associate Planner Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 6 of 15 St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 7 of 15 RESOLUTION NO. _________ Amends and Restates Resolution 94-180 A RESOLUTION AMENDING RESOLUTION NO. 94-180 APPROVED ON DECEMBER 5, 1994 APPROVING AN AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED “O” OFFICE, C-2 COMMERCIAL AND R-C HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICTS LOCATED AT THE NORTHEAST QUADRANT OF EXCELSIOR BOULEVARD AND HIGHWAY 100 WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on April 5, 1993 from the applicants, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary PUD Plan was published in the St. Louis Park Sailor on May 5, 1993, and WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of May 5, 1993, and WHEREAS, the Planning Commission opened the public hearing at the meeting of May 17, 1993 and continued the hearing until June 2, 1993 and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS the Planning Commission reviewed the Final PUD at the meeting of November 1, 1993, and WHEREAS, the Planning Commission recommended approval of the Final PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision, WHEREAS, Resolution No. 93-183 approving the PUD was approved by the City Council on November 15, 1993; and WHEREAS, an application for an amendment for a PUD was received on July 26, 1994, and St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 8 of 15 WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-103 approving an amendment to the PUD was approved by the City Council on August 1, 1994, and WHEREAS, an application for an amendment for a PUD was received on November 22, 1994, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, and WHEREAS, Resolution No. 94-180 approving an amendment to the PUD was approved by the City Council on December 5, 1994, and WHEREAS, on June 17, 2002, Frauenshuh Companies filed an application seeking a major amendment to the approved Planned Unit Development for Tower Place to allow a change in an approved use from a retail use to a restaurant use, and WHEREAS, on July 17, 2002, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 6-1 recommended approval of the major amendment to the PUD, and WHEREAS, the City Council has considered the staff report on the proposed amendment including comments and exhibits, NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Recitals The Recitals set forth above are incorporated herein and made part of this resolution. Findings 1. Frauenshuh Companies has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the “O” Office, C-2 Commercial and R-C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Boulevard and Highway 100 for the legal description as follows, to-wit: Lots 6 and 7, Tower Place St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 9 of 15 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 93-18-PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety, or general 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 provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City’s Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case File 93-18-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and findings set forth above, the Approved Final Plans, and subject to the following conditions: 1. Approval of the roadway improvement plans submitted as part of the Indirect Source Permit application by the Minnesota Department of Transportation and the Hennepin County Department of Transportation. 2. Approval by the City and execution of a development agreement between the City and Frauenshuh Companies which identifies responsibilities of each relating to the project. 3. Recording of the final plat of Tower Place by Hennepin County. 4. The Contract for Private Development between the Economic Development Authority (EDA) and Frauenshuh Companies is incorporated herein by reference. City Council intent is to implement both the Contract for Private Redevelopment and the development agreement and give effect to all provisions of each, including but not limited to the EDA’s right to review and approve Construction Plans as provided in Section 9.2 of said Contract for Private Development. 5. The approval of this Final PUD applies only to those elements listed as Phase I improvements on Exhibit A – Master Plan Phase I to be completed by Frauenshuh Companies on Lots 6 and 7 and the right-of-way adjacent thereto up to the curb of the adjacent road. This condition is subject to the limitation that the total square footage of St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 10 of 15 the retail and theater development shall not exceed the lesser of 47,200 square feet or the square footage allocated to this development in the Indirect Source Permit as may be amended from time to time. 6. The City reserves the right to require the applicant to install a pedestrian access from any bus stop to be located on the north side of Excelsior Boulevard west of Park Nicollet Boulevard to the development site. 7. Development of Lots 6-7 Tower Place and improvements on adjacent right-of-way up to the curb of the adjacent road shall be in accordance with the following exhibits: Exhibit A – Site Layout (Sheets C2.3) (Amended by Condition No. 11 approved 8-19-02) Exhibit B – Site Utilities (Sheets C3.3) Exhibit C – Site Grading (Sheets C4.3) Exhibit D – Site Planting (Sheet L2.3) Exhibit E – Site Lighting (Sheet E1) Exhibit F – Building Elevations (Sheets A2.00R, A.202R, A2.03R, A2.04R) (Amended by Condition No. 11 approved 8-19-02) The Site Layout (Exhibit A) is approved with the condition that vehicles leaving the site from the driveway on Park Center Boulevard shall be prohibited from making left turns to south bound Park Center Boulevard. The Development Agreement shall make provision for on-going monitoring of the need for the left turn prohibition and removal of the left turn prohibition if such monitoring indicates the prohibition is unnecessary. The Site Layout is based on the assumption the driveway on Excelsior Boulevard will allow both ingress to and egress from the site. The Floor Plans on Exhibit F are illustrative in nature and are subject to modification without amending this resolution. (Amended by Condition No. 8 approved 8-1-94) (Amended by Conditions 9 and 10 approved 12-5-94) 8. Condition number 7, Exhibit F is amended to delete Building Elevation Sheet A.202R and replace it with Building Elevation Sheet A-2 (Amended by Condition No. 9 approved 12-5-94) 9. Condition number 8, Exhibit F is amended to delete Building Elevation Sheet A-2 and replace it with Building Elevations Sheet A-11 dated November 10, 1994. 10. Condition number 7, Exhibits A through D, is amended by deleting sheets C2.3, C3.3, C4.3 and L2.3 and replacing them with Sheets C2.1, C3.1, C4.1 and Planting Plan, all dated November 16, 1994. These exhibits are modified by Exhibit G, McDonalds Driveway Plan. St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 11 of 15 11. The final PUD shall be amended (Case No. 02-36-PUD) on August 19, 2002 to incorporate all of the preceding conditions to allow a change in 3,500 sq. ft. of tenant space from retail to restaurant without intoxicating liquor (Chipotle) and add the following conditions: a. The site shall be developed, used, and maintained in accordance with the official exhibits (Exhibits A Site Layout and F Building Elevations shall be submitted), in the form of an as-built survey with proposed changes shown and shall be revised prior to signing the exhibits to meet the following conditions for the outdoor seating area on the southwest corner of the theater/mixed use building: 1. The outdoor seating area must provide a 5 foot wide sidewalk that is kept free of temporary and permanent obstruction. Such sidewalk must be 6 feet from and parallel to the building (or continue in a straight line from the sidewalk to the east). 2. The outdoor seating area cannot be enclosed with a fence. 3. A maximum of two existing handicap parking stalls may be removed to accommodate the outdoor seating area. 4. The size of outdoor seating area cannot be more than 10% of the indoor restaurant area. b. Official exhibits as revised per condition 11a. and updated to show as-built conditions on the overall site must be signed by the applicant and owner prior to issuance of a building permit. Such exhibits shall show the approved uses of this development to include: 7,000 square feet as restaurant with intoxicating liquor, 3,400 sq. ft as restaurants without intoxicating liquor and/or food service, retail/service, 3,800 sq. ft. as restaurant with in-vehicle sales/service, and in the Theater/Mixed use building 26,000 sq. ft. for a theater, 900 sq. ft for retail/service, and 5,900 sq. ft for retail or restaurant without intoxicating liquor. c. Required building, plumbing, electrical and other required permits shall be obtained from the City. Such permits may impose additional conditions. d. All required improvements shall be completed prior to issuance of a Certificate of Occupancy for the new restaurant without intoxicating liquor, including: 1. Interior improvements in accordance with permit approval. 2. Compliance with Accessibility Code requirements. 3. Exterior exhaust chase must comply with the MN State Building Code. e. Prior to installation of any new signs the applicant shall obtain sign permits. f. The applicant is responsible for the installation of the on-site regulation signage as recommended by SRF. Reviewed for Administration: Adopted by the City Council August 19, 2002 City Manager Mayor St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 12 of 15 Attest: City Clerk St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 13 of 15 Unofficial Excerpts Planning Commission Minutes July 17, 2002 C. Case No. 01-36-PUD—Request by Frauenshuh Companies for a major amendment to the approved Planned Unit Development for Park Village/Tower Place to allow a change in an approved use—5480 Excelsior Blvd. Ms. Grove reported on Frauenshuh Companies’ request for a major amendment. The applicant is currently requesting a PUD amendment to modify the approved use square footage and convert 3,500 square feet of retail to restaurant. The space was previously occupied by Renewal—Windows by Anderson and is being proposed to be re-leased to Chipotle. Ms. Grove said SRF Consulting Group conducted a traffic and parking study, and staff is in agreement with SRF’s recommendations. The traffic study was also sent to Park Nicollet, because they are part of the same PUD, and some of the recommended traffic control signage would be placed on Park Nicollet’s property. The applicant is amenable to the traffic study recommendations. Ms. Grove said staff is recommending that the fencing be removed from the outdoor dining area and a five-foot wide path parallel to the building be retained, which would permit pedestrians to walk through and not divert them closer to traffic. She said Condition 2 has been revised to clarify the permitted uses in the building; staff recommends maintaining 900 square feet for retail service, to accommodate the salon, and the remaining approximately 5,900 square feet could be either retail or restaurant without intoxicating liquor. Revised conditions were distributed to commissioners. Commissioner Robertson asked if two accessible parking spaces will be removed or relocated, and Ms. Grove said the applicant is proposing to relocate those two spaces, but it is not necessary to do so, since they are in excess of the number required. Commissioner Robertson thinks to lose the spaces is acceptable. Commissioner Robertson asked if removal of a portion of the fence around the outdoor seating area is sufficient to make way for the five-foot walkway or would it be completely out in the open, in other words, would the south, east, and west sides still be fenced? Ms. Grove said staff continues to work with the applicant on the open area. Chair Gothberg opened the public hearing. Matt Karl, Frauenshuh Companies, Vice President of Property Management, said that Renewal-Windows by Anderson has been a successful business for Anderson but the retail establishment is not, and they have decided to vacate the retail establishment. Commissioner Morris asked if Bruegger’s Bagels is a nonconforming use, and Ms. Jeremiah said no documents show the space as a restaurant. However, she believes Bruegger’s was the original tenant, so the space may have been misidentified in the documents. Commissioner Morris questions if the PUD established for this area is being St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 14 of 15 negated with such a congregation of restaurants, i.e., it was to be a mixed-used retail/entertainment/food complex and not a food complex surrounding a movie theater. Commissioner Morris is concerned about losing parking spaces to an outdoor eating area. He does not favor the outdoor seating plan, and he can envision outdoor seating as a seasonal use but not at the expense of losing parking spaces year round. He feels such areas are not always well-kept. Commissioner Morris would like this item to be held over or not accept the conditions; he is concerned the original concept of what this corner was intended to be is being lost. Commissioner Bissonnette commented that Caribou Coffee and Bruegger’s Bagels have no wait staff but their outside areas appear to be neat and clean. She thinks Chipotle would blend in well. Commissioner Robertson recommended not removing all of the fence; he likes the idea of creating a path. He said it would be a mistake for the City to ask the applicant not to have a fence. Commissioner Finkelstein would prefer there be no outdoor seating and have patrons use the common area. Commissioner Robertson agrees with Commissioner Finkelstein, i.e., not to approve the seating area, which makes the common area friendlier to all. Mr. Karl said great pride has been taken by the applicant in regard to the cleanliness of the project, as it is a gateway into St. Louis Park. Mr. Karl is agreeable to the conditions as presented by staff. The applicant has not yet executed an agreement with Chipotle but would like to apply the application to any other restaurants that would be interested in working with Frauenshuh or lease it to a retail use. Commissioner Morris asked if furniture would be left outdoors year-round. Mr. Karl responded he thinks it would be stored during the winter. Mr. Karl noted that Chipotle serves beer and wine margaritas. He commented that he is concerned that if the fence is removed, would that prohibit Chipotle’s customers from taking alcoholic beverages into the seating area? Ms. Jeremiah said she will check with the City Clerk. Mr. Karl added that he wants alcohol to remain within a contained area. Ms. Jeremiah said from a zoning perspective, facilities with wine and beer licenses are treated as facilities with no liquor licenses. Chair Gothberg closed the public hearing. Commissioner Morris said it is a unique concept to walk into a restaurant, buy alcohol, and drink the alcohol outdoors without the presence of a wait staff. He said a fence will not prevent someone from walking out with alcohol, and he is concerned about unsupervised consumption. St. Louis Park City Council Agenda Item: 081902 - 8b - Chipotle PUD Amendment Page 15 of 15 Commissioner Robertson thinks if alcohol is available, the restaurant’s outdoor seating area should be enclosed. In regard to seating, Chair Gothberg said it should be a common area, and fencing will give the appearance of a private area, therefore, he urges no fencing. Chair Gothberg said a requirement could be imposed to limit alcohol consumption indoors, with appropriate signage. He cannot imagine a retail establishment surviving without accompanying retail shops next to it and, currently, only one spot remains open. Chair Gothberg favors approval with the revised conditions and recommendations outlined by staff, and he would like staff to report to the City Council on the additional issues relative to the documentation of the original PUD, outdoor seating, and sale of alcohol. It was moved by Commissioner Robertson to recommend approval of a major amendment to the Park Village PUD to allow a change from a retail use to a restaurant use subject to the conditions recommended by staff including staff’s revised recommendations and report of issues raised by Planning Commissioners to the City Council. The motion passed 6-1. (Commissioner Finkelstein opposed).