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HomeMy WebLinkAbout2001/04/02 - ADMIN - Agenda Packets - City Council - Regular 1 AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 2, 2001 7:30 p.m. Cancelled - Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations a. Proclamation recognizing Methodist’s Hospital achievement as one of the 100 top hospitals in the nation. The proclamation will be received by Mick Johnson, Senior Vice President for Community Advancement, and David Wessner, President of Park Nicollet Foundation and President and CEO of Park Nicollet Health Services. 3. Approval of Minutes- None a. City Council Minutes of March 19, 2001 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. a. Approval of Agenda Action: Motion to approve (Alternatively, motion to add or remove items from the agenda, motion to move items from consent to regular agenda for discussion). b. Approval of Consent Items 1. Motion to adopt the second reading of an ordinance that authorizes the sale of City-owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA 2 2. Motion to adopt second reading of an ordinance amending the Zoning Ordinance to add the land use definitions for Liquor Licenses and update the Land Use Table, approving the summary ordinance, and authorizing publication Case No. 00-62-ZA 3. Motion to adopt the attached resolution authorizing execution of documents related to the rehabilitation deferred loan programs 4. Motion to adopt the attached resolution correcting the Paid-on-Call Firefighters performance bonus amounts listed in Resolution # 00-140 for 2001 5. Motion to adopt the attached resolution, authorizing the advertising and bidding for contract sealcoating of public roadways for 2001 City Project No. 01-11 6. Motion to accept the following reports for filing: a. Charter Commission Minutes of January 10, 2001 b. Human Rights Commission Minutes of February 21, 2001 c. BOZA Minutes of December 5, 2000 d. Planning Commission Minutes of March 7, 2001 e. Vendor Claims f. Housing Authority Minutes of February 14, 2001 Action: Motion to approve Consent Items 5. Public Hearings - None 6. Requests and Communications from the Public - None 7. Resolutions, Ordinances, Motions 7a. Master Park plan for the Town Green portion of the Park Commons Development. This report asks the Council to review and approve the Master Plan for the Town Green portion of the Park Commons development. Recommended Action: Motion to approve the Town Green Master Plan portion of the Park Commons development. 7b. Request by Ugorets Properties LLC. for Preliminary Plat with variance to eliminate a requirements for a sidewalk for Ugorets Addition. Case No. 01-05-S, 01-14-VAR 2230 State Hwy 100 South Recommended Action: Motion to approve preliminary plat with variance, subject to conditions as recommended by staff 3 7c. Conditional Use Permit to permit the removal of more than 400 cubic yards of material to permit the construction of two single-family homes and a structural storm water holding pond for the properties located at 2839 & 2843 Toledo Avenue. Case No. 01-04-CUP Recommended Action: Motion to direct staff to prepare a Resolution of Approval granting the Conditional Use Permit for the removal of more than 400 cubic yards of fill subject to the conditions recommended by staff. 7d. First Reading of an Ordinance Amending City Code Chapter 16: Establishing a Food Vending Machine License and Various Temporary Use Permits Proposed ordinance establishes a Vending Machine License category to Business Licenses and establishes Temporary Use Permits for various events occurring on city property, construction debris containers and vehicle parking for persons with disabilities and for persons living near the High School. Recomme nded Action: Motion to adopt first reading of an ordinance that establishes a Food Vending Machine License and various Temporary Use Permits. Set second reading for April 16, 2001. 8. Boards and Committees 9. Communications 10. Adjournment 4 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MARCH 19, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Planning Manager (Ms. Jeremiah); Director of Community Development (Mr. Harmening); City Engineer (Mr. Moore); Grounds and Natural Resources Manager (Mr. Vaughn), Housing Supervisor (Ms. Schnitker); Housing (Ms. Anderson); and Recording Secretary (Ms. Olson). 2. Presentations a. Presentation to Recording Secretary Shirley Olson Mayor Jacobs presented a Certificate of Appreciation for dedicated service to Shirley Olson for her outstanding work as recording secretary for the Council, EDA, Planning Commission, and Board of Zoning Appeals for the past 3 ½ years. 3. Approval of Minutes a. Special Council Meeting Minutes of March 5, 2001 The minutes were approved as presented. b. City Council Minutes of March 5, 2001 The minutes were approved as presented with the following changes. Item 6d, Paragraph 12, change motion to read “The motion passed 5-2. Councilmembers Jacobs and Sanger opposed.” c. Study Session Minutes of February 26, 2001 The minutes were approved as presented with the following change. Item 4, Add “Councilmember Sanger suggested modifying the tree replacement ordinance to permit land owners to place additional trees on adjacent properties as a buffer between them”. 5 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business, which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. a. Agenda It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0 b. Approval of Consent Items It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the following Consent Items. The motion passed 7-0. 1. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution of a contract for the 2001 Arbotect 20-S Elm injection program at a cost of $8.80 per diameter inch. 2. Approve Second Reading of an Ordinance No. 2194-01 amending the Temporary Uses Section of the Zoning, adopt the ordinance, and authorize publication of the ordinance summary. Case No. 01-09-ZA 3. Adopt Resolution No. 01-021 establishing Project 01-15, ordering Project No. 01-15, approving plans and specifications, and authorizing receipt of bids for the demolition or removal of certain structures in the Park Commons area. 4. Adopt Resolution No. 01-022 requesting support for and approval of Hennepin County for the installation of a traffic signal at Excelsior Boulevard and Natchez Avenue. 5. Accept the following reports for filing: a. Park and Recreation Advisory Commission Minutes of January 17, 2001 b. Planning Commission Minutes of February 21, 2001 c. Vendor Claims 6. Adopt Resolution No. 01-026 amending final plat resolution and extending plat filing deadline to April 3, 2001 for Kieffer’s Addition. 5. Public Hearings 5a. Competitive Cable TV System Franchises Public Hearing City Manager Meyer presented a staff report and recommended to close the public 6 hearing and grant no cable TV System Franchise. The two applicants, Everest Connections Corporation (ECC) and Wide Open West (WOW), have withdrawn their applications for additional cable TV franchises. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger to award no cable TV franchise at this time. The motion passed 7-0. . 5b Public hearing to consider Sale of City Property Located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA related to the Park Commons East Redevelopment Project. Tom Kleeve, Economic Development Coordinator, presented a staff report and recommended approval. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Nelson, seconded by Councilmember Latz, to adopt the first reading of an ordinance that would authorize the sale of certain City-owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA and set Second Reading for April 2, 2001. The motion passed 7-0. 6. Requests and Communications from the Public 6a. Resolution adopting Administrative Manual Outlining Rules and Procedures for Boards and Commissions of the City. Cindy Reichert, City Clerk, presented a staff report and recommended approval. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve Resolution No. 01-023 adopting Rules and Procedures for Boards and Commissions with an amendment adding the following sentence under section A - Boards after the second sentence: “The City Council is the sole policy making body of the City”. Councilmember Sanger was concerned about the Housing Authority actions coming under the concept of policy making. The City Attorney agreed with Councilmember Nelson’s statement to the extent they would have any independent policy making authority which comes from statute directly to the Housing Authority. The Housing Authority is however created by the 7 city and therefore the City is the ultimate policy making authority. The motion passed 7-0. 6b. City Engineer’s Report: Storm Water Flood Area No. 19 – Improvements at Yosemite Avenue – Project No. 01-09. Resolution No. 01-024 Carlton Moore, City Engineer, presented a staff report and recommended approval. Councilmember Nelson asked if the existing problem was flooding in yards. Mr. Moore responded that when the street floods, it goes across the yards and floods the properties. He stated this project will allow the water to stay in the street and not cross the yards. Mr. Moore indicated using high volume catch basins will provide capacity to store the 100-year storm event. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt Resolution No. 01-024 establishing, ordering, approving plans and specifications, and authorizing advertisement for bids for improvements in the 4000 block of Yosemite Avenue Storm Water Flood Area No. 19, Improvement Project No. 01-09. The motion passed 7-0. 6c. City Engineer’s Report: Storm Water Flood Area No. 3 – Improvements at 8911 Westmoreland Lane – Project No. 01-13. Resolution No. 01-025 Carlton Moore, Superintendent of Engineering, presented a staff report and recommended approval. He stated the new pipe replacement will be installed by a directional bore construction method. Mr. Moore indicated as a separate project, the Minneapolis Golf Club will be constructing a berm and drainage structures to help store run-off at the driving range. It was moved by Councilmember Young, seconded by Santa, to adopt Resolution No. 01-025 establishing, ordering, approving plans and specifications, and authorizing advertisement for bids for improvements at 8911 Westmoreland Lane to address public storm water in Flood Area No. 3, Improvement Project No. 01-13. The motion passed 7-0. 6d. 2001 Dutch Elm Disease Tree Removal Bids Jim Vaughan, Grounds and Natural Resources Manager, presented a staff report and recommended JAK Trees, Inc. as the lowest responsible bidder. He also recommended that the lowest bidder be deemed to be not responsible because of their lack of specialized experience. Mayor Jacobs indicated the difficulty of the work and the need for specialized 8 experience in removal of dutch elm diseased trees. It was moved by Councilmember Nelson, seconded by Councilmember Santa to determine that Geray Dozing is not a responsible bidder and designate JAK Trees, Inc. as the lowest responsible bidder, and authorize execution of a contract for the 2001 Dutch Elm Disease Tree Removal Program in an amount not to exceed $130,016.95. The motion passed 7-0. 7. Resolutions, Ordinances, Motions - None 8. Boards and Committees - None 9. Communications From the Mayor – Mayor Jacobs stated Governor Jesse Ventura will be coming to SLP to talk about education funding on Wednesday, April 4 at 7:30 a.m. at the St. Louis Park Sr. High School auditorium and televised live on KMSP Channel 9. Councilmember Nelson commented on consent Item #3 stating that the City will be letting a contract to demolish buildings within the Park Commons area, and the public will be seeing significant changes within the next three months. Councilmember Latz stated concern regarding the City taking action on legislative items and the need for the council to discuss some of the items. From the City Manager – City Manager Meyer stated next week at the March 26 Study Session, Senator Steve Kelley and State Representative’s Betty Folliard and Jim Rhodes will be present to discuss legislative issues. He stated most of the discussion would be centered around the items that would be sent in a mailing to council and to the legislators. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:38 p.m. City Clerk Mayor 9 City of St. Louis Park City Council Agenda Item # 7a Meeting of April 2, 2001 7a. Master Park plan for the Town Green portion of the Park Commons Development. This report asks the Council to review and approve the Master Plan for the Town Green portion of the Park Commons development. Recommended Action: Motion to approve the Town Green Master Plan portion of the Park Commons development. Background: TOLD development Company hired Damon Farber Associates to serve as the Landscape Architect for the Park Commons project. Once the Town Green construction is complete, it will be City park property. The planning process for the Town Green portion of Park Commons included a Task Force comprised of the Parks and Recreation Advisory Commission, representatives from the Westmoreland and Wolfe Lake Condominiums, and representatives from the Browndale neighborhood. The Minikahda Vista neighborhood was invited to send a representative and chose not to participate. The Task Force was made up of the following members: Jeff Davidman, Gretchen Halverson, Richard Johnson, Phil Melmer, Nancy Nelson, Layne Otteson, David Peters, Pat Swiderski, Ashley Tomoson, and Tom Worthington. The Task Force met three times and hosted one Open House. Sixty-two people attended the February 22, 2001 Open House. A summary of the comments received from the Open House is attached for your reference. A majority of comments were very positive. It appears that citizens are excited about the development of the Town Green and agree with the design that had been presented. As a result of the Open House, some changes to the plan occurred. The updated design is included in your packet. Town Green Design: The Town Green is designed to allow for a variety of activities to take place in and around the area. The south section will be a more formal area with benches and plantings that will attract people to enjoy a cup of coffee or wait for a friend. There is a possibility of a water feature/fountain or statue in this area. The center median will serve as a traffic-calming feature. There will not be elements in the traffic circle that attract people to it as the Task Force expressed concerned the area would not be safe with all the car movements around it. 10 The north section has more of a park feel as it is made up of trees and an open area. This is the space that would be programmed. The north section of the Town Green is designed so the roads on the east and west side of the green can be closed off for events. Incorporating Elements of Art into the Town Green Design: The City of St. Louis Park staff and the Task Force have been working with Jack Becker, FORECAST Public Artworks, to include elements of art into the design. Mr. Becker has been very helpful throughout the design process. He gave the Task Force and TOLD a list of potential options and priorities. From that list, the Task Force has recommended that the City Council consider having artists work with Damon Farber Associates on the following five design elements: Arbor, paving surfaces, kiosks, bike racks, and entrance area. Jack Becker or other artists may also be involved in designing the sound system, lighting, and banners. At the March 26, 2001 Study Session Council agreed to allow City of St. Louis Park funds to be used for artists consulting with Damon Farber Associates. Staff will work with Jack Becker on this process. Next Steps: Adopting the Town Green Master Plan will not conclude the planning process. Parks and Recreation staff will continue to work with Community Development staff, Bob Cunningham from TOLD, Jack Becker from FORECAST, Damon Farber Associates, individual artists and other interested parties to refine the concept plan. There are several details that remain undecided at this time. However, it is the belief of staff and the Task Force that this concept plan allows for the details to be incorporated into the plan without changing the intent of the Master Plan. Attachments: Town Green Master Plan comments Minutes of final Task Force meeting Town Green concept designs (five pages) Prepared by: Cindy S. Walsh, Director of Parks and Recreation Approved by: Charles W. Meyer, City Manager 11 Town Green Master Plan Comments 1. What do you like about the proposed master plan and why? • Outdoor cafes/coffee houses, new places to walk, beautification of greenway, art show ideas, bike racks, slowing down traffic on 38th/39th. (2) Coffee shops/cafes • Need lots of benches, trees, planters, a fountain, like the arbor, should have brick sidewalks with patterns in them, keep the star pattern in center circle, have lots of color and movement (2) • What’s to decide when nothing is definite and besides you’ll do whatever you want anyhow. • Make sure the green space has a major focus to have the sidewalks lead into the park, that would be very inviting to the pedestrians. • What type of retail and restaurants will be available? Bakeries? I think the layout is attractive and pedestrian friendly. 2. What do you dislike about the proposed master plan and why? • Extra traffic, taller buildings, nobody wants a shadow cast over them. • You only make us think we have any input! 3. What would you change about the proposed master plan? • Please put in a public library. • When planning for flower planters that hang from light posts, please take a look at how Red Wing does there hanging baskets, you will see it at the end of June or July. • I believe the development has evolved in a more positive direction than what I’d heard at first. Keep up the good work! • Add wind chimes somewhere, ornamental planters should include ornamental grasses and other plants that look good in the winter. • I would like to see the park edge road have sidewalks that are wider and have the road be narrower, there should be plenty of focus on this area being inviting to pedestrian usage. 12 TOWN GREEN TASK FORCE Minutes from Wednesday, March 7, 2001 First Floor Community Room – City Hall 7:30 p.m. – 9:30 p.m. MEMBERS PRESENT: Jeff Davidman, Dick Johnson, Phil Melmer, Nancy Nelson, Layne Otteson, Pat Swiderski, and Tom Worthington MEMBERS ABSENT: Gretchen Halverson, David Peters, and Ashley Tomoson CONSULTANTS PRESENT: Damon Farber, Bob Cunningham, and Jack Becker STAFF PRESENT: Rick Birno, Stacy Voelker, and Cindy Walsh 1. CALL TO ORDER: The meeting was called to order by Cindy Walsh at 7:41 p.m. 2. APPROVAL OF MINUTES OF FEBRUARY 7, 2001: A motion to approve the minutes was made by Layne Otteson, seconded by Dick Johnson. The Task Force approved 7-0. 3. SUMMARY OF TASK FORCE COMMENTS FROM FEBRUARY 7TH MEETING: Bob Cunningham and Damon Farber briefed the Task Force on the comments received from the meeting which were included in the February 7th minutes. 4. SUMMARY OF OPEN HOUSE COMMENTS: Damon Farber advised the Task Force of comments received at the Open House. The comments included adding a small fountain in the area below the turnaround; leave the turnaround green, as it is an organizer of traffic; add kiosks; and ensure there is a visual connection to the park. A summary of the comments was distributed and is attached. 5. PLAN REVISIONS FOR FINAL TOWN GREEN MASTER PLAN: The Task Force reviewed three separate concepts: color print, black and white print, and a concept with a reduced number of trees. Damon Farber indicated the type of paved surface is unknown at this point but advised distinction between drive surface and walk surface is desired. Bob Cunningham advised a traffic study indicated there must be a left turn lane and a forward lane for traffic in the entrance. Mr. Cunningham also indicated the pedestrian crossings should be straight, as that appears more formal. 13 Mr. Farber advised color would be added with flowering trees and hanging baskets. This, along with art, will make the area as lively as possible. Also, art would be included early in the project to ensure appropriate placement. Mr. Farber inquired if the Task Force felt there was too much paving on the north end of the Town Green area. The Task Force discussed the pro’s and con’s and felt it was adequate as booths for activities could be set on the paved ways as not to hurt the grass. The Task Force suggested adding a third pedestrian crossing at the north end (similar to the south end) in which Mr. Farber would be reviewed. The Task Force advised they do not want sewer covers extremely visible, no play structure but they would like a drinking fountain. As the Task Force viewed a larger scale of the area, they briefly discussed how pedestrians would be able to connect to Wolfe Park. The Task Force inquired on contamination issues in Wolfe Park in which Mr. Cunningham advised monitoring wells are in the area and the contamination is not active. But, the park does have issues of tires, glass, and concrete beneath the ground. The Task Force discussed specific details that will need to be worked out. The Task Force agreed cables should be built into buildings which could be used year-round. They feel the area is too small at this point to have banners on the side posts but keep as an option for the future. They also briefly discussed lighting and benches. Although nothing specific was agreed upon, the Task Force indicated these items should have their own identity. Mr. Cunningham and Mr. Farber advised the Task Force they are consulting the project, the Task Force will provide input on the design and the City has the ultimate decision. Mr. Cunningham also advised the naming of the area would be up to the City. The Task Force was informed TOLD will own the property until the construction is complete. The Town Green area will then be dedicated to the City as park property. Jack Becker distributed “Public Art Priorities” list and discussed with the Task Force. Mr. Farber feels that is a good idea. The Task Force inquired on the budget of the project and if anything on the list of art should be excluded. Mr. Cunningham explained a lot of the items listed will be included in the first phase and others could be included in the future. The Task Force inquired on the design of the buildings feeling that may dictate the art designs. Mr. Cunningham advised of his recent meeting with the design crew. He indicated the building fronts would have a classic style or European Village style to give the area a timeless feel. They will also have balconies and bay windows. The Task Force agreed it would be beneficial to have an artist working with Damon Farber Associates on the following design elements: an arbor, paving surfaces, kiosks, a potential water feature, bike racks, and the entrance. The Task Force and Consultants discussed the Task Force of the “Vision St. Louis Park” and believes what is missing is a main street. The Town Green area would be that. 6. DISCUSSION OF CONSTRUCTION TIMELINES: The consultants advised they would bring the approved plan to a Parks and Recreation Advisory Commission meeting with the other members of the Task Force being invited. The consultants briefly discussed the scheduled phases. 14 7. FUTURE MEETING DATE AND LOCATION: Bob Cunningham advised the design concept would be presented to the City Council on April 2nd for approval. Mr. Cunningham advised the Task Force that the design concept is separate from the entire Park Commons development. City Council Presentation: Monday, April 2 at 7:30 p.m. in the City Hall Council Chambers 8. ADJOURNMENT: The meeting was adjourned at 9:32 p.m. Respectfully submitted, Stacy M. VoelkerDepartment Secretary 15 City of St. Louis Park City Council Agenda Item # 7b Meeting of April 2, 2001 7b. Request by Ugorets Properties LLC. for Preliminary Plat with variance to eliminate a requirements for a sidewalk for Ugorets Addition. Case No. 01-05-S, 01-14-VAR 2230 State Hwy 100 South Recommended Action: Motion approve preliminary plat with variance, subject to conditions as recommended by staff Zoning Designation: I-G, General Industrial Comprehensive Plan Designation: I - Industrial Background: Ugorets Properties has purchased a strip of land approximately 234 feet wide and 14.9 feet deep along their northern property line from the Burlington Northern Santa Fe Railroad. The purpose of the purchase is to enable a building addition on the north side of the existing building. Subject TH 100 16 In order to accommodate a building addition, platting is necessary to remove the property line between the existing parcel and recently acquired adjacent railroad parcel. The applicant is requesting a preliminary approval with a variance to eliminate the requirement to build a sidewalk along all public streets. The preliminary plat requires a public hearing. The applicant has received a variance from the City to build an addition with a zero rear yard setback. The future building addition does not require either Planning Commission or City Council approval. A portion of the property that the applicant purchased by the railroad is encumbered by a lease agreement in favor of the City for the regional trail. The applicant cannot dedicate a trail easement on the plat, but is granting an easement on a separate document for trail purposes. In addition, the applicant is dedicating a utility and drainage easement on the plat over the subject trail. The Planning Commission held a public hearing for the proposed subdivision on March 7, 2001. After a discussion concerning the merits of the variance to eliminate the sidewalk along the public right of way versus the need for pedestrian access to the regional trail, the Planning Commission recommended approval of the preliminary plat with variance and conditions. Issues: • Is the preliminary plat acceptable? • Does the applicant meet the requirements for variance? • Will the building addition impact the regional trail? Issues Analysis: • Is the preliminary plat acceptable? The preliminary plat of Ugorets Addition proposes to plat as a single lot an existing 1.168-acre parcel of land with an adjacent strip of land 14.9 feet deep by 234 feet wide purchased by Ugorets Properties LLC from the adjacent Burlington Northern Santa Fe Railroad. The applicant has submitted all documents required for a preliminary plat. The standard ten-foot perimeter easements are proposed around the perimeter of the property in those areas not occupied by the existing building or proposed building addition. A copy of the preliminary plat has been distributed to Minnesota Department of Transportation, utility companies, and to various city departments. The only issue that has been identified is need for a trail easement over the area to be occupied by the regional trail. Park dedication fees: In cases where no new lots are being created in a replatting, the City attorney has determined that park dedication fees are not required of the developer. Therefore, no park dedication fees are required in this instance. • Does the applicant meet the requirements for variance? 17 The Subdivision Ordinance requires that for any new subdivision, a sidewalk is required to be constructed along all public ways. The applicant has requested a variance from this requirement because of the limited space and grade difference between the existing frontage road and the property line. The Subdivision Ordinance states that the Planning Commission may recommend a variance from the minimum standards of the Ordinance “when in its opinion, undue hardship may result from strict compliance”, but that the Planning Commission must find that all of the following exist: 1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. The Subdivision Ordinance requires that a sidewalk be constructed along all public ways adjacent to the new subdivision. In this case, in order to build a sidewalk on the public right of way adjacent to the property, it would be necessary to construct significant retaining walls along the sidewalk to allow for the10-foot grade difference between the frontage road and the subject property. Even if this wall were to be constructed, there is no room for the sidewalk to continue to the east under the TH100 bridge. A significant grade would also have to be negotiated if the sidewalk were to terminate at the regional trail. 2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. Although sidewalks are generally recommended for all areas of the City, building one in this location may result in a feeling of security, but is ultimately unsafe. Currently, neighborhood residents to the south cut across the subject property to access the regional trail along the BNSF Railroad. The property owner is very concerned because his current operation, involving moving large materials with a crane, could present a risk to persons cutting through. There is a designated trail connection on the east side of TH 100 for residents in the neighborhood. 3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. The reason for the request for a variance is due to a 10-foot grade difference between the existing west Th100 frontage road and the subject property. Staff feels that requiring the applicant to bear the cost of a retaining wall in order to construct a sidewalk and/or an alternate access to the regional trail is unreasonable, and considers this criterion satisfied. 4. That the variance is not contrary to the intent of the Comprehensive Plan. The City’s Sidewalk and Trail Master Plan, included as part of the Comprehensive Plan, does not show a trail or a sidewalk in this location. Even though a sidewalk located along this frontage road would be convenient to the neighborhoods to the south, the restricted space and 18 grade difference limit the ability to create a safe condition. In the future, a trail connection on the west side of TH 100 is desirable, but the limitations of this location suggest pursuing another further to the west. • Will the building addition impact the regional trail? The applicant is proposing to construct a building addition on the property after the final plat is approved. On January 27, 2000, the Board of Zoning Appeals granted a variance to eliminate the required 10-foot rear yard setback requirement for the building addition. If the building addition is constructed at a zero setback, it will be very close to the proposed trail. Construction of the regional trail is expected to be completed in early summer. Because the completed trail will be within two feet of a portion of the proposed building wall, there is concern that construction of the building addition may damage the trail. The Planning Commission did recommend requiring a Letter of Credit to cover any damage that may result during construction. Recommendation: Staff and the Planning Commission are recommending approval of the preliminary plat with a variance with the following conditions: 1. Prior to City Council consideration of the final plat, applicant shall submit a fully executed trail easement document 2. Before the City signs a final plat, the developer shall comply with the following requirements: a. Submit to the City a copy of owner’s policy of title insurance that insures the City’s interest in the plat, in an amount to be determined by the City, unless waived by the City Attorney. b. A development agreement shall be executed between the developer and the City that covers at a minimum, tree replacement, and repair and cleaning of public streets and repair of the trail if damaged during building construction. c. Submit financial security in the form of cash escrow or letter of credit to cover trail repair/reconstruction and repair/cleaning of public streets. 3. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. 4. Prior to or simultaneously with recording of the final plat, the trail easement shall be recorded. 19 5. Prior to issuance of any building permits, which may impose additional requirements, the developer shall furnish the City with evidence of recording of the final plat and trail easement. Attachments: Preliminary Plat Proposed Resolution Excerpt from the March 21 unapproved Planning Commission minutes. Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager 20 RESOLUTION NO. RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF UGORETS ADDITION AND VARIANCE FROM THE SUBDIVISION ORDINANCE TO ELIMINATE REQUIREMENTS FOR A SIDEWALK BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Ugorets Properties, owner and subdivider of the land proposed to be platted as Ugorets Addition has submitted an application for approval of preliminary plat of said subdivision with a variance to eliminate requirements for a sidewalk along the public right of way in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary plat been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. Consideration has been given to the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect of the variance upon the Comprehensive Plan. 4. Because of special conditions on the subject property and surrounding property that are peculiar to such property or immediately adjoining property, it has been found that applying the strict requirements of the Subdivision Ordinance will cause a demonstrable hardship or difficulty to the property owner. 5. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: See Attached Legal Description Conclusion 1. The proposed preliminary plat of Ugorets Addition with variance is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: 21 1. Prior to City Council consideration of the final plat, applicant shall submit a fully executed trail easement document 2. Before the City signs a final plat, the developer shall comply with the following requirements: d. Submit to the City a copy of owner’s policy of title insurance that insures the City’s interest in the plat, in an amount to be determined by the City, unless waived by the City Attorney. e. A development agreement shall be executed between the developer and the City that covers at a minimum, tree replacement, and repair and cleaning of public streets and repair of the trail if damaged during building construction. f. Submit financial security in the form of cash escrow or letter of credit to cover trail repair/reconstruction and repair/cleaning of public streets. 3. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. 4. Prior to or simultaneously with recording of the final plat, the trail easement shall be recorded. 5. Prior to issuance of any building permits, which may impose additional requirements, the developer shall furnish the City with evidence of recording of the final plat and trail easement. Reviewed for Administration: Adopted by the City Council April 2, 2001 City Manager Mayor Attest: City Clerk 01-05-S-01-14-VAR/N/res/ord 22 EXCERPTS - Unofficial PLANNING COMMISSION CITY OF ST. LOUIS PARK March 21, 2001 3. Hearings D. Request of Ugorets Properties for: Case No. 00-05-S -- Ugoret’s Addition Preliminary Plat Case No. 00-14-VAR – Variance from the Subdivision Ordinance to eliminate the requirement for a sidewalk along the abutting public rights of way of West 23rd Street and Highway 100 West Frontage Road Ms. Erickson stated that the property is located on the south side of Burlington Northern and on the west side of Highway 100 and north of 23rd Street. The property is currently occupied by an industrial use called Midland Glass. Ms. Erickson said that Ugorets has recently purchased an adjacent strip of property from Burlington Northern Santa Fe Railroad which is 14.9 feet deep and 234 feet wide. The purchase was made for a proposed building addition. Ms. Erickson explained that in order to do a building addition, a replatting is necessary in order to remove the property line between the existing parcel and the recently acquired parcel. She stated that the applicant is requesting preliminary approval with a variance to eliminate a requirement to build a sidewalk along all public streets. She added that the preliminary plat requires a public hearing and the future building addition does not require either Planning Commission or City Council approval. Ms. Erickson said that a portion of the recently purchased property is encumbered by a lease agreement in favor of the City for the regional trail. She stated that the applicant cannot dedicate a trail easement on the plat, but is granting an easement on a separate document for trail purposes. Ms. Erickson said that a copy of the preliminary plat has been submitted to MnDOT and to the utility companies. No issues from these bodies have come to the attention of staff. Ms. Erickson said that she has just learned that the proposed building is going to be very close to the proposed trail location. She explained that because of that, the construction of a building may infringe on or cause damage to the trail. Ms. Erickson said she is proposing to add some additional conditions to the recommendation regarding that issue. Ms. Erickson provided information on the variance request. She explained that because of a fairly significant topography, there is a 10-foot grade difference between the frontage road on the east side of the parcel and the parcel property line. She stated that a significant retaining wall would be required in order to construct any kind of a sidewalk. Ms. Erickson added that as the frontage road goes under a bridge under Hwy. 100, there is no room to continue any kind of a sidewalk in that location. Staff feels that circumstances and conditions are being met to grant a variance. Ms. Erickson commented that there are residents living 23 south of the property who cut through the property in order to get to the trail. She stated that although staff feels some kind of accommodation should be made for these residents, it isn’t the property owner’s responsibility. She said that the City needs to look at a different kind of trail access for them. Ms. Erickson said one option that exists currently is a formal trail on the east side of Hwy. 100 and a pedestrian bridge at 26th Street where residents can cross and reach the regional trail. She noted that the City’s Comprehensive Plan Trail and Sidewalk Master Plan does not show a trail in the area to be connected to the regional trail. Ms. Erickson said that probably the City would like to provide a trail if possible but there is no way to do it without an easement over private property. Ms. Erickson added the following to the conditions of the staff recommendation: 2. b. A development agreement shall be executed between the developer and the City that covers at a minimum, tree replacement, and repair and cleaning of public streets. Repairing of the trail if damaged during building construction on the property. 5. Prior to issuance of any building permits, which may impose additional requirements, the developer shall furnish the City with evidence of recording of the final plat and trail easement. And if determined necessary by the City Council a Letter of Credit for reconstructing the trail should it be damaged by building construction. Vice Chair Gothberg opened the public hearing. Alex Ugorets, applicant, said the application is a legal procedure to merge the two lots for an addition to the building. He said the sidewalk is impossible to build. Mr. Ugorets said for safety and liability reasons he desires to eliminate the cut- through traffic through the industrial property. Vice Chair Gothberg closed the public hearing as there were no others wishing to speak. Mr. Morris said that he agreed with Mr. Ugorets and with the staff report. He said that he does have apprehensions about giving up the sidewalk entirely. Mr. Morris suggested that the Planning Commission approves the preliminary plat but grants a temporary variance. He suggested the following condition: A temporary variance for sidewalk be approved and should there be a future need for sidewalk, property owner shall provide such as required by the land subdivision ordinance. Ms. Erickson responded that a sidewalk would be built on MnDOT right-of-way. Ms. Erickson said if the suggestion was approved by the Planning Commission, she would try to use language that meets Mr. Morris’ intent. 24 Mr. Robertson agreed with Mr. Morris. He added that he doesn’t see that it is such a huge burden to put the sidewalk in at this time. He suggested that the retaining walls might not be that expensive. He said he was concerned that stating future need as a condition was too ambiguous. He said he would have trouble granting the variance. Mr. Morris commented on the reference on the proposed plat to the MnDOT easement. He understood the applicant’s ability to construct a sidewalk would be prohibited by the easement. The applicant would have to get a release of the easement. Mr. Morris said he didn’t know if legally or physically a sidewalk could occur now. Mr. Robertson agreed that was a good point. Ms. Erickson said the reconstruction of Hwy. 100 is on MnDOT’s CIP for between 2005-2010. She said preliminary designs will probably be available in the next couple of years. She commented on the difficult access residents have to the trail. Ms. Erickson said if there was some way to gain more ground under the bridge, sidewalks might be possible. Mr. Morris asked Ms. Erickson if she was suggesting that the need for sidewalk would hopefully be addressed at the time MnDot does its design. Ms. Erickson responded that was correct. Vice Chair Gothberg said it seemed to be more than just the sidewalk issue and included the overall issue of access to trail and crossing the railroad tracks in that area. He said he thought if a future requirement was put on the property owner it probably wouldn’t have any impact other than being a long term burden that might never happen. Mr. Morris said he would not make an amendment to the staff recommendation as the City Council can decide as to the issue about placing a future burden on the property owner for sidewalk construction. Ms. Bissonnette moved to recommend approval of preliminary plat with variance subject to conditions as recommended by staff including amendment to conditions 2b and 5. The motion passed on a vote of 6-0 with Bissonnette, Garelick, Gothberg, Morris, Robertson and Timian voting in favor. Mr. Garelick inquired about how fees are set for subdivisions or park dedication. Ms. Erickson responded that fees for subdivision are set by City Council and vary according to the number of lots. She said the park dedication fee for commercial property is determined by the type of property, size of property, value of property and for residential it is determined by the number of units. Ms. Erickson said according to the City Attorney, unless lots are actually being divided, a park dedication fee cannot be charged. 25 City of St. Louis Park City Council Agenda Item # 7c Meeting of April 2, 2001 7c. Conditional Use Permit to permit the removal of more than 400 cubic yards of material to permit the construction of two single-family homes and a structural storm water holding pond for the properties located at 2839 & 2843 Toledo Avenue. Case No. 01-04-CUP Recommended Action: Motion to direct staff to prepare a Resolution of Approval granting the Conditional Use Permit for the removal of more than 400 cubic yards of fill subject to the conditions recommended by staff. Background: This request was heard at the March 21, 2001 Planning Commission meeting. After testimony was received, the Commission moved to recommend approval of the request. This motion failed on a vote of 3-3. After further discussion by the Planning Commission, they moved to send this request onto the City Council without recommendations. This motion passed on a vote of 6-0. (See attached unapproved Planning Commission minutes.) Marshall Kieffer, applicant, is seeking to construct two single-family homes on the properties located at 2839 & 2843 Toledo Avenue. The two parcels are both zoned “R-2” Single Family Residential, and are currently vacant. However, both lots do serve as a storm water run off ponding area for the surrounding homes. Both parcels have a significant grade change of about 12 feet sloping from front to back thereby creating the ponding area in the rear of the properties. In order to construct the homes the applicant would have to remove over 400 cubic yards of soil to create a structural stormwater holding facility in the rear yard of the two parcels. Staff has been working with the applicant and his engineer for over three months trying to ensure that the proposed plan can satisfy both the storm water ponding and building code requirements. From an engineering standpoint, staff has reviewed the storm water calculations and is comfortable the applicant will be meeting the requirements. The outstanding issues are minor and can be handled administratively. They will not impact the proposed development. The walls of the ponding area will be constructed from keystone interlocking retaining wall blocks. The City’s Building Official has reviewed the engineered plans for the walls as submitted by the applicant. At this time, the Building Official is able to accept this design but is still working with the applicant regarding final structural plans and construction easement locations. 26 Issues: • Can the storm water requirements be satisfied? • Does the proposed retaining wall design meet the building code requirements? • What other conditions should be imposed to ensure public safety? • Does the proposal meet the other zoning requirements? • How will the truck routes and street cleaning be regulated? • How will the structural pond be controlled to ensure it continues to serve the stormwater function for the surrounding properties? Analysis of Issues: • Can the storm water requirements be satisfied? As mentioned above, staff believes that the requirements can be satisfied, and the engineering department is comfortable with the design calculations that have been submitted. Some of the minor outstanding items would include the size of the pump to ensure adequate pumping capacity, and details of the controls. These items can be resolved with staff and will not affect the design or layout of the project. Staff recommends that as a condition of approval, that the Public Works Department review and approve the final storm water calculations, pump sizing requirements, and control details prior to the execution of a development agreement. • Does the proposed retaining wall design meet the building code requirements? Currently, the Building Official has accepted the plans as submitted for the pond (retaining) walls. The previous concerns regarding the tie-backs encroaching onto the neighboring properties have been rectified by shortening the pond walls. Again, staff is working with the applicant to finalize the actual structural plans and construction easement locations but this can be resolved with staff. Staff recommends that as a condition of approval, that the Chief Building Official review and approve the final structural plans for the retaining walls prior to the execution of the development agreement. • What other conditions should be imposed to ensure public safety? Staff has contemplated a number of things which may be required to ensure that this ponding area does not become a safety hazard. The ponding area is proposed to be between 12-14 feet deep and will generally be a dry pit. Therefore, it could cause serious injury if not properly secured. Some of the methods discussed by staff was the installation of a fence around the entire area, or installing a structural metal grate or concrete cover to encapsulate the ponding area thereby turning it into more of a holding tank. With the shortening of the pond walls to eliminate the encroachment of the tie-back, the applicant now has ample room to install a fence around the perimeter of the pond. This fence should be constructed to minimize the possibility of it being climbed. Staff recommends that the 27 fence be constructed at a height of 6 feet and with all vertical boards on the side facing the neighboring properties so that hand and foot holds are not readily accessible. Staff further recommends that the fence be located as close to the property line and as far back as possible from the pond retaining walls, so that if someone were to climb it, they would not be immediately adjacent to the 12-14 foot pit, but would have a landing area on the top of the retaining walls. The structural details indicate a minimum distance of 3 feet before any penetrations in the tie-backs. Staff recommends that as a condition of approval, that the Zoning Administrator review and approve the fence design prior to execution of the development agreement. • Does the proposal meet the other zoning requirements? The proposal meets all other regular zoning requirements. Prior to Planning Commission consideration the only exception was providing a minimum of 400 square feet of usable open space in the rear yard area. The applicant has submitted a new site plan indicating that both lots will have over the minimum 400 square feet of usable open space. • How will the truck routes and street cleaning be regulated? Staff will work with the applicant to determine which streets will be used that will affect the least number of residences during the hauling operation. Staff also recommends limiting the hours of operation for the truck hauling from 7:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends and holidays, which is consistent with the noise ordinance. Finally staff recommends requiring a letter of credit to ensure repair and cleaning of the streets in the event there is any damage from the trucks or the streets are not adequately cleaned. Staff recommends that as a condition of approval, that prior to any site work, the applicant submit a Letter of Credit in an amount approved by the Public Works Department ensuring the repair and cleaning of city streets in the event there is any damage from the trucks or the streets are not adequately cleaned. • How will the structural pond be controlled to ensure it continues to serve the storm water function for the surrounding properties? Since the storm water pond traverses two private parcels, there will need to be a cross access agreement between the two properties that will be filed with the county. Our City Attorney should review this agreement and we should receive evidence that it has been filed prior to any site work commencing. Further, we should require maintenance of the storm water pond to ensure they continue to function for the neighboring properties and flooding does not result. The City Attorney believes a development agreement is needed to address these items. Staff recommends that as a condition of approval, that the City Attorney review and approve the development agreement prior to its execution. Recommendations: Staff recommends that Council direct that a resolution of approval of the Conditional Use Permit be prepared including the following conditions: 28 1. Prior to the execution of a development agreement between the applicant and the city, the applicant shall meet the following conditions: a. Submit final storm water calculations and details regarding the pump and controls of the pond for approval by Public Works. b. Submit structural plans of the retaining wall for approval by the Building Official. c. Submit details of the required fence for approval by the Zoning Administrator. d. Submit construction easements and cross access easements/agreements for approval by the City Attorney. 2. Prior to site work, the applicant shall meet the following condition: a. Obtain an Erosion Control Permit. b. Execute a development agreement with the city that shall address at a minimum filing of pond easements/agreements against the properties, truck routes and construction hours and long term pond maintenance. c. Submit financial surety for repair and cleaning of the public street. 3. Prior to beginning construction of the retaining walls or future homes, the applicant or future homeowners shall obtain the necessary building permits, which may impose additional conditions. Attachments: • Site Plan • Letter from Applicant • Draft Excerpt Minutes from 3/21/01 Planning Commission Meeting Prepared by: Scott Moore, Assistant Zoning Administrator, 952-924-2592 Reviewed by: Janet Jeremiah, Planning and Zoning Supervisor 952-924-2573 Approved by: Charles W. Meyer, City Manager 29 City of St. Louis Park City Council Agenda Item # 7d Meeting of April 2, 2001 7d. First Reading of an Ordinance Amending City Code Chapter 16: Establishing a Food Vending Machine License and Various Temporary Use Permits Proposed ordinance establishes a Vending Machine License category to Business Licenses and establishes Temporary Use Permits for various events occurring on city property, construction debris containers and vehicle parking for persons with disabilities and for persons living near the High School. Recommended Action: Motion to adopt first reading of an ordinance that establishes a Food Vending Machine License and various Temporary Use Permits. Set second reading for April 16, 2001. Background In December of 2000 Council adopted ordinance # 2181-00 revising the city’s licensing program. The adoption date was critical to coincide with annual license renewals. During the ordinance drafting process, staff had informed Council that some minor additions for licensing would be occurring during this year. Staff is now proposing modifications to the licensing ordinance to authorize issuance of permits for some temporary uses defined in the zoning ordinance which are currently unregulated, dumpsters on streets, and licenses for food vending machine inspection as required by the delegation agreement with the Department of Agriculture. Analysis of Amendments • Food Vending Machine License The City entered into a delegation agreement with the MN Dept. of Agriculture on February 5, 2001. One of the requirements is for the city to ensure compliance of certain types of food vending machines with the State Food Code. Periodic spot inspections will be performed. State statute allows the city to license the owners of vending machines and to charge a maximum of $15 per machine as an annual license fee. Since a few food service companies place many of these machines, the number of additional licenses should be manageable. • Change Article IV Language to Temporary Use “Permits” This change will help to distinguish between annual operating licenses for businesses and contractors and authorization to operate a temporary use for limited time activities. Language originally adopted with ordinance #2181 identified the section as Temporary Use “Licenses”. The word “license” has changed to “permit” in all of Article IV to achieve consistent language with the zoning chapter of the code. 30 • Special Event on City Property – Temporary Use Permit There are currently no authorizations for regulating a temporary use such as a parade, art fair or community festival which occurs on city property, on the public right of way or when street closure is requested *. These activities occur regularly and are often organized by volunteers that change from year to year. Organizers are sometimes unaware of permits and licenses that may be required for raffle, temporary liquor sales, concessions, petting zoos, use of park facilities, etc. The special event permit would provide for a review by staff of all planned activities so that we can be more proactive in providing appropriate city services and helping event organizers to plan their activities. Requests will be evaluated in terms of impacts to traffic and need for appropriate Inspections, Police and Fire Department Services. The permit process allows for recovery of city costs associated with the use where deemed appropriate. There are already effective systems in place for issuance of permits for block parties and use of park facilities. Those successful processes would remain unchanged. This process will be used for evaluating requests for use of the Town Green and rights of way in the Park Commons area and are consistent with zoning ordinance revisions adopted by the Council at the meeting of Monday, March 19, 2001 • Television or Movie Production on City Property – Temporary Use Permit Commercial film productions are becoming more common in St. Louis Park. When a production company wishes to shoot a commercial or film, they often request closure of city streets, barricades and police and emergency service assistance. Their activities sometimes require additional permits or licenses such as for noise, temporary food sales or explosives. Many cities have adopted ordinances regulating film production and have found it an effective mechanism for regulating activities which may be disruptive to traffic and neighborhoods. The permit process allows for recovery of actual city costs incurred with the event through the applicant submitting a cash deposit held in escrow. • Other Temporary Use Permits Proposed Two other permits are also included in the ordinance revisions: construction debris containers (dumpsters) and special parking permits for persons with disabilities and for persons residing near the SLP Senior High School. These permits have been issued by the city for many years. This action would provide authorization for the existing programs and place them in a logical section of the code. * Permits for temporary construction structures, street openings and closures and other use of right of way for construction purposes are regulated through the building and construction permit processes and therefore not addressed. 31 Fees The following fees are proposed for the additional license and permits required in this ordinance. They would be adopted by resolution following the second reading of the ordinance on April 16th: Type Fee Business License Class V-Food Vending Machine (each) $15.00 Temporary Use Permits Television or Movie Production Application $50.00 Fee (non-refundable) Construction Debris Container (dumpster) $35.00 Attachments: Summary of Temporary Use Permits Ordinance Prepared By: Cindy Reichert, City Clerk Brian Hoffman, Director of Inspections Approved by: Charles W. Meyer, City Manager 32 SUMMARY OF EXISTING AND PROPOSED TEMPORARY USE PERMITS Article IV of Licensing Chapter 16 is proposed to be renamed Temporary Use Permits. Uses associated with construction permits are addressed at the time a building permit is issued and have therefore not been included in this section. Use Authorization Temporary Food Service 1976 Code & updated w/Ord. 2181-00 (Dec 2000) Temporary Outdoor Retail Sales 1976 Code & updated w/Ord. 2181-00 (Dec 2000) Circuses, Carnivals, Amusement Rides and Petting Zoo 1976 Code & updated w/Ord. 2181-00 (Dec 2000) Peddlers, Solicitors and Transient Merchants 1976 Code & updated w/Ord. 2181-00 (Dec 2000) Special Event on City Property Proposed – Festival, fair, art fair, parade, community gathering, or promotional event held on city property or on closed right of way in the city. Block parties currently require permit from the city, but no authorization exists in the code. Television or Movie Production on City Property Proposed - All activity related to motion picture or television production on city property or public right of way. Motion picture or television production includes setup, staging, filming, videotaping or tearing down materials or equipment, relating to the production of visual materials to be used in connection with a commercial undertaking, including motion pictures, film shorts, music or entertainment videos, television presentations, advertising, or commercial materials of any kind of motion picture or television production. Construction Debris Container (dumpsters) Permit currently required when placed on city Right of Way, but not authorized by Ordinance. Exempting Disabled Residents and Senior High Area Residents from “no parking” restrictions on streets adjacent to their homes Permit allowing parking currently required but not authorized by Ordinance. 33 ORDINANCE NO. _______-01 AN ORDINANCE AMENDING PORTIONS OF CHAPTERS 16 CONCERNING LICENSING OF BUSINESSES AND ACTIVITIES WITHIN THE CITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Ordinance Code, Section 16-102 is hereby amended to read as follows: 16-102: Definitions. The following definitions when used in this Chapter shall have the meanings ascribed to them in this Section: AIR Any gaseous matter or particulate matter which, when present in the CONTAMINANT: outdoor atmosphere contributes to a condition of air pollution, including, but not limited to gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders, and odors. AIR POLLUTION: The presence in the atmosphere of one or more air contaminant or combinations thereof which is or, may tend to be injurious to human health or welfare or injurious to human, plant, or animal life or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business. AMUSEMENT A business at one location devoted primarily to the operation of ARCADE mechanical or electrical amusement devices and open for public use and participation. AMUSEMENT A mechanical or electrical machine which, upon the insertion of a DEVICE: coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, checks, tokens, or merchandise, or which provides for no such devices, and shall include pin-ball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and similar games, which may be used solely for amusement and not as gambling devices. ATMOSPHERE: The air that envelopes or surrounds the earth. BILLBOARD: A sign which is used for the primary purpose of selling space advertising a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. BOARDING A food and beverage service establishment where food or beverages, HOUSE: or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more. 34 CITY: The City of St. Louis Park, Minnesota. CITY PROPERTY: Any property owned by the city, including but not limited to municipal buildings, parks or city right of way. COMMERCIAL An amusement arcade, when the arcade is the principal operation of ENTERTAINMENT the business establishment, a roller skating rink, or a movie theater. ESTABLISHMENT: CONSTRUCTION Any roll-off four (4) sided steel container for temporary storage of DEBRIS construction and demolition materials. CONTAINER CONSTRUCTION Any waste building materials, packaging, and rubble resulting DEMOLITION from construction, repair and demolition of buildings. MATERIALS: COURTESY Any bench or seat located on any public sidewalk along a street or BENCH: thoroughfare or on any public right-of-way along a street or thoroughfare or on private property dedicated to public use or authorized for public use by owner. DOG KENNEL: Any place where four or more dogs over the age of 9 weeks are kept for a period longer than 24 hours or any business engaged in the breeding, health care, boarding or sale of dogs. EMISSION: Discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. ENCLOSED An enclosed building or structure, or part thereof, used for parking, PARKING storage, or maintenance of motor vehicles. FACILITY: FOOD OR Any building, room, stand, enclosure, vehicle, space, area or other BEVERAGE place wherein food or beverages are manufactured, prepared, ESTABLISHMENT: stored, distributed, served, sold or offered for sale to the public at retail, regardless of whether there is a charge for the article, or otherwise provides foods or beverages, or both, for human consumption. FOOD Food vending machines as defined in the Minnesota Statutes VENDING Annotated Agriculture Chapter 28A.09. MACHINE: GARBAGE: Animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. 35 HEALTH The duly appointed health officials of the City of St. Louis Park. AUTHORITY: HEALTH If used at any place in this Chapter and in the requirements adopted DEPARTMENT, by reference shall mean the Health Authority of St. Louis Park. HEALTH OFFICER, STATE BOARD OF HEALTH, BOARD: HEALTH/SPORTS A business, the primary purpose of which is health and fitness, of ESTABLISHMENT: which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the City for inspection. HIGH IMPACT Any business with materials or entertainment provided to the SEXUALLY- public which are principally related to sexual stimulation or ORIENTED gratification other than a limited impact sexually-oriented business. BUSINESS: Examples of a high impact sexually-oriented business include the following: a. a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; b. a business where specified sexual activities (as defined herein) are explicitly verbally described or shown; c. a business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; d. a business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as a limited impact sexually-oriented business; and e. a business providing sexually-oriented materials for off-site use or entertainment where the sexually-oriented materials are dispersed within the business rather than isolated in a separate area. HOTEL OR MOTEL: A building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week. LIMITED IMPACT: A business where sexually-oriented materials are sold, bartered, SEXUALLY- distributed, leased, furnished or otherwise provided to the public ORIENTED and which meets the following restrictions: BUSINESS: 36 a. all sexually-oriented materials must be provided for use or entertainment off the business premises only; b. all sexually-oriented materials must be provided from a separate area to which person under the age of 18 are prohibited access; c. the separate area may not exceed a maximum of 20% of the retail floor area of the establishment, or 300 square feet, whichever is less; d. no person outside the separate area shall be able to perceive or observe and sexually-oriented materials at any time, including when someone is entering or exiting the separate area, shopping or purchasing sexually-oriented materials; e. a sign must be displayed on the entrance to the separate area which shall read: “No person under the age of 18 is allowed in this area.” The sign letters shall be a minimum of 2 inches high: and f. the entry into the separate area shall be visible to a employee of the business at all times. LODGING A building, structure, enclosure, or any part thereof used as, ESTABLISHMENT: maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers, for periods of one week or more, and having five or more beds to let to the public. MASSAGE: The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health- care referral, relaxation, beautification and for no other purpose. MASSAGE A place providing to the public at large massage services, other THERAPY than a hospital, sanatorium, rest home, nursing home, boarding ESTABLISHMENT: home, or other institution licensed under the provisions of Minnesota Statutes §§ 144.50 - .69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. MULTI-LEVEL A building or structure, or part thereof, in which a structural level PARKING other than a slab on grade is used for parking, storage, or FACILITY: maintenance of motor vehicles. OFF-SITE Any limited impact sexually-oriented business or any high impact CONSUMPTION: sexually-oriented business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. 37 ON-SITE Any high impact sexually-oriented business where sexually- CONSUMPTION: oriented materials or entertainment, which are principally related to sexual stimulation or gratification, are offered on the business premises. PAWNBROKER: A person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this Chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this Chapter. PEDDLER: Any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to purchasers of the same. PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity. POOL: Any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools. PRIVATE A pool connected with a single-family residence or owner- RESIDENTIAL occupied duplex, located on private property under the control of POOL: the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool is not a pool used as part of a business. PROCESS: Any action or operation: (a) which by physical action results in a change in location, form, or physical properties of a material; (b) which by chemical action results in a change in chemical composition, chemical properties, or physical properties of a material; or (c) which creates or establishes a condition or situation which produces air contaminants. PUBLIC SANITARY A pool, whirlpool, sauna (dry or steam), public bath or shower, FACILITY: tanning beds, or similar facility. PUBLIC Any pool, other than a private residential pool, intended to be used 38 SWIMMING POOL: collectively by numbers of persons for swimming and bathing, operated by any person as defined herein, whether that person be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. A public pool includes, but is not limited to, pools operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, apartment building, club, condominium, hotel, manufactured home park, or political subdivision. REFUSE: All wastes (except body wastes), including but not limited to rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jar and bottles, and wood normally resulting from the operation of a household or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. RESIDENTIAL Any sale conducted at a residential premises where the property GARAGE/YARD sold consists only of items owned by the owner or renter of the SALE: premises at which the sale takes place or by friends of such owner or renter, and where the sale is conducted by the owner of the premises or friends, not by an agent or any other person to whom a commission or fee is paid. RIGHT OF WAY: The property owned by the City for the construction and maintenance of the roadway and the improvements of the roadside. ROLLER Any room, place, or space open to public patronage where SKATING RINK: facilities are available for roller skating, wherein the public may participate, and at which admission may be had by the public by payment directly or indirectly of an admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. SAFETY MANUAL: Shall mean the current edition of the Temporary Traffic Control Zone Layouts Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). SAUNA: Any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam or heat as a cleaning, reducing or relaxing agent. SELF-SERVICE Self-service merchandising shall mean open displays of tobacco, MERCHANDISING: tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premise maintaining the merchandising. Self-service merchandising shall not include vending machines. SEXUALLY- Any limited impact sexually-oriented business or any high impact ORIENTED sexually-oriented business. BUSINESS: 39 SEXUALLY- Visual, printed or aural materials and other objects or devices ORIENTED which: MATERIALS: a. contain, depict or describe specified sexual activities or specified anatomical areas; b. are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities described in the following subsections of the definition of “specialized sexual activities”: subsections b, c, f or as part of the binding, fettering, or other physical restraint described in subsection e. SOLICITOR: Any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or eleemosynary organization. SOLID WASTE: Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. SOLID WASTE Any person who shall offer to, or engage in the collection of COLLECTOR: solid waste from any public or private institution, commercial establishment, or residential dwelling located within the City of St. Louis Park. SPECIFIED Means: ANATOMICAL AREAS: a. less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the tope of the aerola; and 40 b. human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. SPECIFIED Means: SEXUAL ACTIVITIES: a. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; b. actual or simulated masturbation; c. actual or simulated sadism or masochism; d. actual or simulated sexual stimulation of any kind; e. situations involving a person who is nude, clad in undergarments, or in a revealing costumes, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and f. sexually-oriented touching of an animal by a human. SPECIAL A pool intended to accommodate a use other than normal PURPOSE POOL: swimming, diving, or wading. A special purpose pool includes, but is not limited to, spa pools, pools used for water therapy, dedicated plunge pools, flume water slides, and wave pools. TANNING A location, place, area, structure, or business or a part thereof FACILITY: which provides consumers access to tanning equipment. Tanning facility includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. TEMPORARY The outdoor sale of goods or merchandise to the general public for OUTDOOR RETAIL personal or household consumption at a single location for less SALES: than 180 days, excluding residential garage/yard sales. TOBACCO OR Any substance or item containing tobacco leaf, including but not TOBACCO limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and PRODUCT: other forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking. TOBACCO Any tobacco product as well as any pipe, rolling papers, or other RELATED devices used in a manner which enables the chewing, sniffing, or DEVICES: smoking of tobacco or tobacco products. 41 TOBACCO Tobacco Vending machine shall mean any type of device which VENDING dispenses tobacco, tobacco products, or tobacco related devices upon MACHINE: the insertion of money, tokens, or other form of payment directly into the machine. TRANSIENT: Any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. WADING POOLS: Any pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 24 inches. SECTION 2. The St. Louis Park Ordinance Code, Section 16-304 is hereby amended to read as follows: 16-304: Food and Beverage Establishments. A. License Required: 1. It is unlawful for any person to operate a food or beverage establishment or food vending machine without obtaining a license from the City. 2. One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same. 3. Each food vending machine must have a valid city-issued license decal affixed in a visible location. B. Classification of Food and Beverage Establishments and Food Vending Machines. The City will classify each food and beverage establishment based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: Class H Plus - Multiple use license permitting 3 or more uses of any risk class to operate. Class H – High risk use license permitting: up to 2 high risk uses or a single high risk use with a single low or medium risk use. Class M – Medium risk use license permitting a single medium risk use. Class L – Low risk use license permitting a single low risk use. 42 Class V – Food vending machines. C. Regulations and Standards. All food and beverage establishments and food vending machines licensed under this Section shall comply with the City's Food Code under Section 11-1201 of the City Code SECTION 3. The St. Louis Park Ordinance Code, Sections 16-401 through 16-405 of Article IV is hereby amended to read as follows: Replace “License” with “Permit” throughout. SECTION 4. The St. Louis Park Ordinance Code is hereby amended to add: 16-406: Special Event on City Property A. Purpose and Intent. This article is intended to provide for the issuance of permits for any festival, fair, art fair, parade, community gathering, or promotional event held on city property or on any right of way in the city. B. Permit Required No person shall hold or operate a special event as described above on any public street, road, alley, right-of-way, public facility or public place owned by the city, or over which the city has the right of control for a special event as described above, without having first obtained a permit for such use from the city. C. Exceptions 1. Activities conducted by or held by the city are exempt from all provisions of this section. 2. Community gathering applications for block parties are exempt from the seven (7) day advance application submittal requirement. D. Application. 1. Applications for a permit under this division shall be made to the city in accordance with section 16-106. 2. Applications must be submitted at least seven (7) working days prior to the scheduled special event and or use of the right of way. 3. All permitees shall agree by obtaining a permit to defend, indemnify and hold harmless the city from any and all losses, costs, damages and expenses on account of activity of the permitee on the public property which is the subject of the permit. 4. A permit issued under this division may require the permitee to reimburse the city for costs incurred in the use of city equipment or any assignment of municipal employees, including police and fire personnel, to duty in connection with the activities which are the subject of the permit. The issuing authority shall provide the permit applicant with a list of anticipated costs after conducting the review provided for. 43 E. Regulations Adopted. 1. A permit will not be issued by the city, if it is determined that the activity would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. 2. The city may require that the actual conduct of a particular activity or any portion thereof only be accomplished with the direct approval and/or supervision of the police department and/or fire officials, or any other technical advisors deemed necessary to protect persons or property as it relates to the activity for which the permit has been issued. 3. The public property to which the permit relates shall at all times be made accessible to fire, police and other emergency personnel. The permit in no way shall limit the authority of fire, police, or emergency personnel to protect the public health, safety or welfare. 4. The permitee shall be responsible for restoring any area used pursuant to a permit issued under this division to an equal or better condition as was prior to use by the permitee. 5. The city may prepare an invoice to the permitee for services provided during the event. Permitee must submit payment for services in accordance with statute. 6. Receiving a special event permit does not waive any other license, permit or other requirements of this code. 16-407: Television or Movie Production on City Property A. Purpose and intent. This article is intended to provide for the issuance of permits for any and all activity related to television or movie production on city property or public right of way. For the purposes of this article, motion picture or television production includes but is not limited to, setup, staging, filming, videotaping or tearing down materials or equipment, relating to the production of visual materials to be used in connection with a commercial undertaking, including, but not limited to, motion pictures, film shorts, music or entertainment videos, television presentations, advertising, or commercial materials of any kind of motion picture or television production. B. Permit Required No person shall use any public street, road, alley, right-of-way, public facility or public place owned by the city, or over which the city has the right of control for motion picture or television production, without having first obtained a permit for such use from the city. C. Exceptions 1. The provisions of this section shall not apply to the filming or videotaping of persons, scenes, occurrences or events, which is done for news gathering purposes in the 44 general public interest, for use in criminal investigations by law enforcement agencies or for use in any judicial proceedings. 2. The provisions of this section do not apply to, nor are they intended to affect, any motion picture or television studio operating at an established or fixed place of business within the city. 3. Activities conducted or held by the city are exempt from the provisions of this section. D. Application. 1. Applications must be submitted to the City seven (7) business prior to the scheduled event. 2. A security deposit in the amount of the city estimate of services will be collected before a permit is issued and held in escrow until after the scheduled event is complete. The deposit shall be either cash or a cashiers check. 3. No permit shall be issued under this article until the applicant for the permit provides a certificate of insurance to the city, showing combined single limit coverage for bodily injury and property damage of not less than one million dollars ($1,000,000.00), and basic workers’ compensation insurance, as provided in the laws of the state. This certificate of insurance shall name the city as additionally insured. If the city determines that the risks inherent in the proposed activity would not adequately be covered by the basic coverage stated herein, the city may require that a higher level of insurance coverage be obtained prior to issuance of the permit. 4. All permitees shall agree by obtaining a permit to defend, indemnify and hold harmless the city from any and all losses, costs, damages and expenses on account of activity of the permittee on the public property which is the submit of the permit. 5. The city shall review the application with the assistance of fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required by the nature of the activity proposed for the permit. 6. Any permit issued under this article shall require the permittee to reimburse the city for any costs incurred in the use of city equipment or any assignment of municipal employees, including police and fire personnel, to duty in connection with the activities which are the subject of the permit. The issuing authority shall provide the permit applicant with a list of anticipated costs after conducting the review before a permit is issued. E. Application Fee. A non-refundable permit application fee, as set by city council resolution, must be submitted at the time of application. F. Regulations Adopted. 45 1. The city may impose reasonable general conditions to govern the relationship of the city and the permittee in respect to the health, safety, and general public welfare as it relates to the activity for which the permit has been issued. The city may require that the actual conduct of a particular activity or any portion thereof only be accomplished with the direct approval and/or supervision of the police department and/or fire officials, or any other technical advisors deemed necessary to protect persons or property. 2. The public property to which the permit relates shall at all times be made accessible to fire, police and other emergency personnel. The permit in no way shall limit the authority of fire, police, or emergency personnel to protect the public health, safety or welfare. 3. The permittee shall be responsible for restoring any area used pursuant to a permit issued under this division to equal or better condition as was prior to use by permittee. 4. The information required by subsection (a) may be amended by the authorized agent of the permit holder, provided that such amendments be submitted in writing and receive the written approval of the city. 5. A permit will not be issued by the city, if it is determined that the activity would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given. 16-408: Construction Debris Container (Dumpsters) A. Purpose. The purpose of this ordinance is to establish minimum standards for construction debris containers (dumpster) for the storage of any construction or demolition debris and require permits for placement on city property. B. Permit Required. Any construction debris container placed on city property must have a permit. C. Application. 1. Application shall be made to the city on a form provided by the city. The city shall review the application with the assistance of fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required. 2. When the applicant has complied with the requirements of this article, a permit shall be issued by the city, unless it is determined that the activity would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given. 46 D. Fees. The permit fee, as determined by resolution adopted by City Council, must be submitted by the applicant prior to issuance of a permit. E. Regulations Adopted. 1. The construction debris container shall be as follows: four (4) sided industry standard steel container; water tight; clearly labeled with the name and phone number of the container owner. The construction and demolition debris stored within the construction debris container shall not exceed three (3) feet in height from the top of the construction debris container; shall not be used for storage of any refuse other than construction or demolition debris. If to be located in the roadway, the construction debris container shall be placed on 2” x 12” timber pads to avoid having direct roller contract with the payment. 2. The construction debris container shall be located outside of the city right-of-way whenever possible. The construction debris container shall not be located in the city right-of-way without first obtaining a permit for the same from the city. The construction debris container shall not be located on an individual lot or parcel for more than six (6) months during any twelve month period; the construction debris container shall not be located on the city right-of-way for more than seven (7) days. 3. The construction debris container shall be placed in a location that will assure the least possible obstruction to pedestrian and vehicular traffic, as well as provide for the safety of the general public and residents living in the area. Any construction debris container located on city property or any vehicle driving surface must have reflective safety material on all corners. Other Safety related items may be required as a condition of the permit and may include flashers, delineation devices, signage, cones, etc. Should temporary traffic lane closures be required, the procedures for start term stationary closures, as stated in the safety manual, shall be followed. 16-409: Special Parking Permit for Persons with Disabilities and for Persons Residing in the Vicinity of the St. Louis Park Senior High School. A. Purpose. The purpose of this section is to provide a permit exempting residents from “no parking” restrictions on streets immediately adjacent to the homes of disabled persons and persons residing in the vicinity of the St. Louis Park Senior High School. B. Application. The person requesting the permit shall make application to the city on a form provided by the city. The city shall review the application with the assistance of fire, police, risk management and traffic engineering officials, and such other members of the city staff as may be required. C. Regulations Adopted. When the applicant has complied with the regulations of this article, a permit shall be issued by the city, unless it is determined that parking in the no-parking zone would result in undue traffic congestion, be unduly disruptive to the normal activities of citizens, create an unreasonable risk to persons or property, or otherwise be detrimental to the 47 public health, safety, morals or welfare. When the application for a permit is denied, the reason or reasons therefor shall be given D. Exception. This permit does not exempt vehicles from the provisions of section 30-153 regarding 12 hour parking restrictions. SECTION 5. Effective Date. This Ordinance shall take effect June 1, 2001. Reviewed for Administration Adopted by the City Council City Manager Mayor Attest:: Approved as to Form and Execution: City Clerk City Attorney 48 CITY COUNCIL MEETING April 2, 2001 ITEMS TO BE ACTED UPON BY CONSENT Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 1. Motion to adopt the second reading of an ordinance that authorizes the sale of City-owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA 2. Motion to adopt second reading of an ordinance amending the Zoning Ordinance to add the land use definitions for Liquor Licenses and update the Land Use Table, approving summary ordinance, and authorizing publication Case No. 00-62-ZA 3. Motion to adopt the attached resolution authorizing execution of documents related to the rehabilitation deferred loan programs 4. Motion to adopt the attached resolution correcting the Paid-on-Call Firefighters performance bonus amounts listed in Resolution # 00-140 for 2001 5. Motion to adopt the attached resolution, authorizing the advertising and bidding for contract sealcoating of public roadways for 2001 City Project No. 01-11 6. Motion to accept the following reports for filing: a. Charter Commission Minutes of January 10, 2001 b. Human Rights Commission Minutes of February 21, 2001 c. BOZA Minutes of December 5, 2000 d. Planning Commission Minutes of March 7, 2001 e. Vendor Claims f. Housing Authority Minutes of February 14, 2001 49 CONSENT ITEM # 1 St. Louis Park City Council Meeting of April 2, 2001 1. Motion to adopt the second reading of an ordinance that authorizes the sale of City-owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA. Background: On March 19, 2001 the City Council approved the first reading of an ordinance authorizing the land sales outlined above. Recommendation: Staff recommends adoption of the second reading of an ordinance that authorizes the sale of City-owned property located at 3801 Princeton and 4545 38th Street to the St. Louis Park EDA. Attachments: Ordinance Summary Ordinance Prepared by: Tom Kleve, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager 50 ORDINANCE NO. _________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING SALE OF CITY PROPERTY TO THE ST. LOUIS PARK EDA THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The sale of .55 acres of property at 3801 Princeton Ave. and the sale of 1.57 acres of property at 4545 38th Street by the City of St. Louis Park to the St. Louis Park Economic Development Authority (EDA) for a total sale price of $1.00 is hereby authorized. The property is located in the Park Commons East Redevelopment Area and is legally described as follows: 3801 Princeton Ave. Parcel A: (Torrens Property, Certificate of Title No. 471057) Lot 15 Block 4, Minikahda Vista 2nd Addition, Hennepin County, Minnesota, according to the plat thereof on file in the office of the Register of Deeds in and for said County. AND Parcel B: Lot 14, Block 4, Minikahda Vista 2nd Addition according to the recorded plat thereof except that part of Lot 14, Block 4, Minikahda Vista 2nd Addition enclosed by the following described line: commencing at the southwest corner of said Lot 14, thence easterly 95 feet along the south line of said Lot 14 to a point in the south line of said Lot 14, said point being the point of beginning of the described line, thence northeasterly to a point in the east line of said Lot 14 twenty (20) feet northwesterly of the southeast corner of said Lot 14, thence southerly twenty (20) feet along the east line of said Lot 14 to the southeast corner of said Lot 14 thence westerly along the south line of said Lot 14 to the point of beginning; also excepting that part of Lot 1, Block 4, Minikahda Vista 2nd Addition lying south of a line parallel to and thirty-three (33) feet northwesterly from, measured perpendicular to, the southeast line of said Lot 1, and lying West of a line parallel to and 103 feet Southwesterly from, measured perpendicular to, the Northeast line of said Lot 1, according to the recorded plat thereof, and situate in Hennepin County Minnesota. AND Parcel C: Commencing at the northwest corner of lot 13; thence South along the West line a distance of forty (40) feet; thence Northeasterly to a point on the North line of Lot 13 to a point ninety-five 51 (95) feet East of the point of beginning; thence West along the North line of Lot 13 to the point of beginning, according to the recorded pat thereof, and situate in Hennepin County, Minnesota. 4545 38th Street Lots 21-30, Block 3, Minikahda Vista 2nd Addition, Hennepin County, according to the recorded plat thereof on file or of record in the office of the Register of Deeds in and for said county of Hennepin, Minnesota. (The aforementioned property is about 2 acres in size and generally described as being located in the Park Commons Redevelopment Area which is located north of Excelsior Boulevard, West of Monterey, South of Wolfe Park, and East of Quentin. The 3801 Princeton property is currently a connection between 38th and 39th Streets. The 4545 38th Street parcel is currently a municipal parking lot.) The sale shall occur in accordance with the terms of a Development Agreement executed by the EDA dated January 16, 2001, on file with the City Clerk. SECTION 2. This ordinance shall be effective fifteen (15) days after its passage and publication. Adopted by the City Council April 2, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 52 SUMMARY ORDINANCE NO.____________ AN ORDINANCE AUTHORIZING SALE OF CITY PROPERTY TO THE ST. LOUIS PARK EDA This ordinance states that the sale of .55 acres of property at 3801 Princeton Ave. and the sale of 1.57 acres of property at 4545 38th Street by the City of St. Louis Park to the St. Louis Park Economic Development Authority (EDA) for a total sale price of $1.00 is hereby authorized. The sale shall occur in accordance with the terms of a Development Agreement executed by the EDA dated January 16, 2001, on file with the City Clerk. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 2, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in the St. Louis Park Sailor: April 11, 2001 01-10-RE-sum/N/res/ord 53 CONSENT ITEM # 2 St. Louis Park City Council Meeting of April 2, 2001 2. Motion to adopt second reading of an ordinance amending the Zoning Ordinance to add the land use definitions for Liquor Licenses and update the Land Use Table, approving summary ordinance, and authorizing publication. Case No. 00-62-ZA Background: On February 20, 2001, the City Council passed first reading of the proposed Zoning Ordinance text amendments and update of the Land Use Table. The Council raised the question of whether the hours of operation should be limited for uses with only a wine and/or beer license and asked staff to provide more information at 2nd reading. The Council passed first reading on a vote of 7-0. During the second reading on March 5, 2001 the City Council indicated that they would like to discuss the issue of whether the hours of operation should be limited at a Study Session before adopting second reading of the ordinance. The City Council discussed this issue at the March 26, 2001 Study Session and determined that the hours of operation should not be limited for those uses only having a wine and/or beer license. This change has been incorporated into the attached ordinance. Recommendation: Staff and the Planning Commission recommend that the Council adopts second reading of the Zoning Ordinance text amendments to add the land use definitions for Liquor Licenses and update the Land Use Table, approve summary ordinance, and authorize publication. Attachments: Proposed Ordinance Proposed Summary Ordinance Prepared by: Scott Moore, Assistant Zoning Administrator, 952-925-2592 Approved by: Charles W. Meyer, City Manager 54 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-5.2, 14:5-5.3, 14:5-6.2 & 14:6-1.3 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 00-62-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:5-5.2, 14:5-5.3, 14:5-6.2 & 14:6- 1.3 are hereby amended to read as follows: SECTION 5-5.2 “C-1” NEIGHBORHOOD COMMERCIAL DISTRICT C. USES PERMITTED WITH CONDITIONS 11. CLUBS AND LODGES WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “E” shall be installed and maintained along all property lines which abut property in an “R” Use District. This bufferyard shall at a minimum include a berm “B2” or fence F5 as illustrated under Section 14:6-4. d. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the club or lodge. 16. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. 55 b. A Bufferyard “F” shall be provided along all property located within an “R” Use District. This bufferyard shall include a wall “F6” or berm wall “BW4” as illustrated under Section 14:6-4. c. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the establishment. 18. RESTAURANTS WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “E” shall be installed and maintained along all property lines which abut property in an “R” Use District. This bufferyard shall at a minimum include a berm “B2” or fence “F5”. d. If there is a wine and/or beer liquor license, the following additional conditions shall apply: 1) There shall be no separate bar area within the restaurant. SECTION 5-5.3 “C-2” COMMERCIAL DISTRICT C. USES PERMITTED WITH CONDITIONS 9. CLUBS AND LODGES WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “E” shall be installed and maintained along all property lines which abut property in an “R” Use District. This bufferyard shall at a minimum include a berm “B2” or fence F5 as illustrated under Section 14:6-4. d. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the club or lodge. 56 2) If the above conditions are not met, a club or lodge with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-5.3D5. 17. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. b. A Bufferyard “F” shall be provided along all property located within an “R” Use District. This bufferyard shall include a wall “F6” or berm wall “BW4” as illustrated under Section 14:6-4. c. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the establishment. 2) If the above conditions are not met, private indoor entertainment with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-5.3D9. 18. RESTAURANTS WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “E” shall be installed and maintained along all property lines which abut property in an “R” Use District. This bufferyard shall at a minimum include a berm “B2” or fence “F5”. d. If there is a wine and/or beer liquor license, the following additional conditions shall apply: 1) There shall be no separate bar area within the restaurant. 2) If the above conditions are not met, a restaurant with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-5.3D4, provided that the parking requirements for restaurant with intoxicating liquor license are met. 57 D. USES PERMITTED BY CONDITIONAL USE PERMIT 4. RESTAURANTS WITH INTOXICATING LIQUOR LICENSE Conditions a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A bufferyard “F” shall be installed and maintained along abutting property in a “R” Use District. 5. CLUBS AND LODGES WITH INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A bufferyard “F” shall be installed and maintained along any abutting property in a “R” Use District. 9. PRIVATE ENTERTAINMENT (INDOOR) WITH INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. 58 d. A bufferyard “F” shall be installed and maintained along any abutting property in a “R” Use District. SECTION 14:5-6.2 “O” OFFICE DISTRICT C. USES PERMITTED WITH CONDITIONS 9. CLUBS AND LODGES WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “E” shall be installed and maintained along all property lines which abut property in an “R” Use District. This bufferyard shall at a minimum include a berm “B2” or fence F5. d. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the club or lodge. 2) If the above conditions are not met, a club or lodge with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-6.2D6. 14. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. This use shall only be permitted as part of a larger development which contains at least one other principal use or as part of a PUD. b. The structure in which the use is conducted shall be located a minimum of 60 feet feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. A Bufferyard “F” shall be provided along all property which abuts an “R” Use District. This bufferyard shall at a minimum include a berm “B3”, berm wall “BW2” or fence “F5.” d. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the private indoor entertainment. 59 2) If the above conditions are not met, private indoor entertainment with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-6.2D8. 15. RESTAURANTS WITHOUT INTOXICATING LIQUOR LICENSE Conditions: a. This use shall be permitted as part of a larger development which contains at least one other principal use or as part of a PUD. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. All refuse shall meet the requirements of the Ordinance Code regulating refuse. d. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. e. A Bufferyard “E” shall be installed and maintained along all property lines which abut property located within an “R” Use District. This bufferyard shall include at a minimum a berm “B2” or fence F5 as defined in Section 14:6-4. f. If there is a wine and/or beer license, the following additional conditions shall apply: 1) There shall be no separate bar area within the restaurant. 2) If the above conditions are not met, a restaurant with a wine and/or beer license may apply for a Conditional Use Permit under Section 14:5-5.3D2, provided that the parking requirements for restaurant with intoxicating liquor license are met. D. USES PERMITTED BY CONDITIONAL USE PERMIT 2. RESTAURANTS WITH INTOXICATING LIQUOR LICENSE Conditions: a. Shall be permitted only as part of a larger development which contains at least one other principal use or as part of a PUD. If the land upon which the restaurant with intoxicating liquor license is to be located is immediately adjacent to, and is able to share parking with an office building, it shall be deemed to have complied with this condition. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. d. All refuse shall meet the requirements of the Ordinance Code regulating refuse. 60 e. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. f. A Bufferyard “F” shall be installed and maintained along any abutting property located within an “R” Use District. 6. CLUBS AND LODGES WITH INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A Bufferyard “F” shall be installed and maintained along all property lines which abut property in an “R” Use District. 8. PRIVATE ENTERTAINMENT (INDOOR) WITH INTOXICATING LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located in an “R” Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A Bufferyard “F” shall be installed and maintained along all property lines which abut property in an “R” Use District. SECTION 14:6-1.3 NUMBER OF REQUIRED OFF STREET PARKING SPACES. A. REQUIRED PARKING COMMERCIAL USES 39. Restaurants with Intoxicating Liquor License. One (1) parking space for each fifty (50) square feet of gross floor area. 40. Restaurants without Intoxicating Liquor License. One (1) parking space for each sixty (60) square feet of gross floor area. 61 Sec. 3. The contents of Planning Case File 00-62-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council April 2, 2001 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 00-62-ZA/N/res/ord 62 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-5.2, 14:5-5.3, 14:5-6.2 & 14:6-1.3 This ordinance amends the Zoning Ordinance to change the zoning requirements for restaurants and other uses with wine and/or beer licenses in the C-1 Neighborhood Commercial, C-2 Commercial, “O” Office zoning districts; and amends the section for off street parking spaces for restaurants with intoxicating and without intoxicating liquor license. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 2, 2001 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: April 11, 2001 63 CONSENT ITEM # 3 St. Louis Park City Council Meeting of April 2, 2001 3. Motion to adopt the attached resolution authorizing execution of documents related to the rehabilitation deferred loan programs. Background: The City has participated in single family deferred rehabilitation loan programs through the MHFA and Hennepin County (Federal CDBG monies) since the late 1970’s. After the rehabilitation occurs, certain documents are executed related to repayment agreements, satisfactions and subordinations to ensure that the program objectives are satisfied. In 1988, the Inspection Department’s Rehabilitation Loan Administrator was authorized to execute these documents on behalf of the City, thereby facilitating administration and filing of the documents in a timely manner. With the creation of the Blackstone deferred loan program, and reorganization of the Inspections Department, it is appropriate that this function be administered by the Housing Programs Coordinator. Passage of a resolution authorizing such execution is appropriate for effective administration of the programs. Attachment: Resolution Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Charles W. Meyer, City Manager 64 RESOLUTION NO: A RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS RELATED TO THE REHABILITATION DEFERRED LOAN PROGRAM WHEREAS, the City of St. Louis Park has participated in administration of the single family rehabilitation deferred loan program and similar programs, and WHEREAS, the administration of such programs requires the execution of repayment agreements, satisfaction, and subordinations and related documents to facilitate administration of such programs, and WHEREAS, to facilitate proper administration of these programs, it is appropriate that the Housing Programs Coordinator be authorized to execute such documents on behalf of the City, NOW THEREFORE BE IT RESOLVED that the Housing Programs Coordinator is hereby permitted to execute the repayment agreements, satisfactions and subordinations and similar documents on behalf of the City. Reviewed for Administration Adopted by the City Council April 2, 2001 Reviewed for Administration: City Manager Mayor Attest: City Clerk 65 CONSENT ITEM # 4 St. Louis Park City Council Meeting of April 2, 2001 4. Motion to adopt the attached resolution correcting the Paid-on-Call Firefighters performance bonus amounts listed in Resolution # 00-140 for 2001. Background: In November 2000, the City Council reviewed a report prepared by Human Resources confirming a general increase for 2001 for non-union employees, increasing performance bonus pay for Paid-on-Call Firefighters and adjusting compensation and severance for the City Manager. While the report correctly listed the Paid-on-Call Firefighters performance bonus for 2000 and the proposed 2001 rate, the resolution was incorrect. The 2000 rate was incorrectly listed instead of the 2001 rate. The purpose of this action is to correct the previous resolution by adopting the correct Paid-on-Call Firefighter bonus rates for 2001. Recommendation: We ask the City Council adopt the attached Resolution to correctly restate Paid-on-call Firefighters bonus pay for 2001 as approved by the City Council on 11/6/00. Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Manager Approved by: Charles W. Meyer, City Manager 66 RESOLUTION NO. A RESOLUTION CORRECTING RESOLUTION 00-140, RESTATING PERFORMANCE BONUS PAY FOR PAID ON CALL FIREFIGHTERS EFFECTIVE JANUARY 1, 2001. WHEREAS, on November 6, 2000, the City Council adopted Resolution 00-140 which correctly stated that the City Council approved a increase in Paid-on-Call Firefighters performance bonus by 10% but incorrectly listed the 2000 rates and, WHEREAS, this resolution is to correctly list the Paid-on-Call Firefighter performance bonus rates effective January 1, 2001. THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: The City Council reconfirms the increase in the Paid on Call Firefighters performance bonus by 10%, as approved on 11/6/00 according to the corrected schedule effective 1/1/01: Performance Bonus Years of Service Bonus Rate 2001 Up to 23 Months of Service $110/month of service 2 $1,430.00 3 $1,540.00 4 $1,650.00 5 $1,760.00 6 $1,870.00 7 $1,980.00 8 $2,090.00 9 $2,200.00 10 $2,310.00 11 $2,420.00 12 $2,530.00 13 $2,640.00 14 $2,750.00 15 $2,860.00 16 $2,970.00 17 $3,080.00 18 $3,190.00 19 $3,300.00 20 $3,410.00 67 Reviewed for Administration: Adopted by the City Council April 2, 2001 City Manager Mayor Attest: City Clerk 68 CONSENT ITEM # 5 St. Louis Park City Council Meeting of April 2, 2001 5. Motion to adopt the attached resolution, authorizing the advertising and bidding of contract sealcoating of public roadways for 2001 City Project No. 01-11 Background: In the past the City has purchased aggregate and bituminous materials and sealcoated streets in the City with City forces. As part of a preventive maintenance program used to minimize long term pavement costs in St. Louis Park, sealcoating has been a technique we have used to aid in the longevity of pavement in the City. Each year the City has sealcoated approximately 10 miles of pavement in an effort to extend the life of the pavements. This schedule provides for a sealcoat of every street once every 10 years on average. Discussion: As the streets in the City have aged, pavement maintenance needs (specifically patching) have been increasing. As a result, the pavement maintenance portion of the streets budget has been increasing and should continue to increase to reflect this or the streets will deteriorate much more quickly than they are. A map showing the 2001sealcoating area is attached. The following schedule for this project has been developed: April 2 Council Authorizes Advertisement and Receipt of Bids April – May Advertise for Bids May 10 Bid Opening May 21 Award Bids June/July Sealcoating Estimated Cost: The cost of the 2001 sealcoating program is as follows: Sealcoating $ 67,000.00 Engineering & Administrative (12%) 8,000.00 Total $ 75,000.00 69 A total of $75,000 is budgeted in the 2001Public Works Operation’s Budget and will provide for the sealcoating of scheduled pavements as described above during 2001 Feasibility: The project, as proposed herein, is necessary, cost effective and feasible under the conditions noted and at the costs estimated. Attachments: Resolution Map of Sealcoat area Prepared by: Carlton B. Moore, Superintendent of Engineering Reviewed by: Michael Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager 70 RESOLUTION NO. __________ RESOLUTION ACCEPTING THE DIRECTORS REPORT, AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS FOR 2001CONTRACT SEALCOATING CITY PROJECT NO. 01-11 WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of Public Works requesting authorization to advertise and receive bids for contract sealcoating for 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The report of the Director of Public Works regarding the advertisement and receiving of bids for contract sealcoating is hereby accepted. 2. The advertising and receiving of bids for contract sealcoating is ordered. 3. The bids shall be tabulated by the Superintendent of Engineering who, through the Director of Public Works, shall report his tabulation and recommendations to City Council. Reviewed for Administration: Adopted by the City Council April 2, 2001 City Manager Mayor Attest: City Clerk 71 CONSENT ITEM # 6a MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA January 10, 2001 City Hall, Council Chambers I. Call to Order Secretary Sixel called the meeting to order at 7:06 p.m. II. Introductions and Attendance It was moved by Commissioner Carver and seconded by Commissioner Walsh to excuse the absence of the following members: Cynthia Ahrens, Norm Kirschner, Ruth Kirschner, Bryan Leary, and James Schaefer. MOTION PASSED UNANIMOUSLY. A. Members Present: Michael Sixel, Paul Carver, Cheryl Ernst, Brian Fiderlein, Christopher Johnson, Dorothea Moga, David Ornstein, Christopher Smith, and Carol Walsh. B. Members Excused: Cynthia Ahrens, Norm Kirschner, Ruth Kirschner, Bryan Leary, and James Schaefer. C. Members Unexcused: None. D. Staff and Guests Present: City Staff Liaison Clint Pires, Ex-Commissioner George Beck. E. Vacancies: One. III. Approval of Minutes It was moved by Commissioner Johnson and seconded by Commissioner Carver to excuse the absence Cynthia Ahrens and Cheryl Ernst from the November 8, 2000 meeting due to their contact by telephone at the earliest possible time during poor weather conditions, and so amend the minutes. MOTION PASSED UNANIMOUSLY. It was moved by Commissioner Carver and seconded by Commissioner Walsh that the minutes of November 8, 2000 be approved as amended. MOTION PASSED UNANIMOUSLY. 72 IV. Recognition of George Beck George Beck was recognized for his 7 years of service on the Charter Commission, and invited to visit in an unofficial capacity in the future. Mr. Beck was forced to resign from the Commission due to a change in state law that created a legal conflict between his job and commission membership. V. Recommendation of Nominating Committee Commissioner Johnson stated that the nominating committee is recommending a slate of candidates for officers. This is due to the resignation of Chair Beck. The slate presented includes: Chair – Cynthia Ahrens Vice Chair – Paul Carver Secretary – Mike Sixel It was moved by Commissioner Johnson and seconded by Commissioner Moga that the recommended slate of candidates be approved. MOTION PASSED UNANIMOUSLY. Mr. Pires stated that, although a vacancy prompted this election, the Commission by-laws require that another election be held at the March 14, 2001 Commission meeting. A similar slate of candidates could be presented at that time. VI. Charter Commission Vacancy Status and Advertisement Mr. Pires reported that an application for vacancy had been submitted to Hennepin County District Court. Commissioner Johnson stated it would be advantageous to advertise longer and in more places to possibly generate additional applications. It was moved by Commissioner Carver and seconded by Commissioner Moga that no additional advertisement be conducted. MOTION PASSED 8-1 (Commissioner Johnson opposed.) VII. Amending Purchasing Language in Charter It was moved by Commissioner Ernst and seconded by Commissioner Ornstein that purchasing language in the Charter be amended as proposed by staff. MOTION PASSED UNANIMOUSLY. The amendment to be published now reads as follows: Section 5.05. Purchases and Contracts. Amend entire section to read as follows: “The City Manager is the chief purchasing agent of the City. All purchases on behalf of the City shall be made, and all purchases and contracts shall be let, by the City Manager, provided that the approval of the City Council must be given whenever the amount of such purchase or contract exceeds the amount at which competitive bids are required by law. Except for purchases and contracts made by the City Manager as set forth herein, 73 contracts, bonds and instruments to which the City is a party must by signed by the Mayor and the City Manager on behalf of the City.” Section 5.06. Contracts – How Let. Amend entire section to read as follows: “City contracts must be made in compliance with law. When competitive bids are submitted the contract must be awarded to the lowest responsible bidder. The City Council may reject any and all bids.” Section 5.07. Further Purchase Regulations. Delete this section in its entirety. VIII. Amending Civil Service Language in Charter It was moved by Commissioner Carver and seconded by Commissioner Walsh that civil service commission language in the Charter be amended as proposed by staff. MOTION PASSED UNANIMOUSLY. The amendment to be published now reads as follows: Section 11.05. Civil Service Commission. Amend entire section to read as follows: “Subject to Minnesota statutes and the provisions of this Charter, the City Council may establish, alter from time to time, or abolish, by ordinance, a civil service or merit system for all permanent City employees or for such classifications as may be deemed advisable. The City Council may create and appoint a civil service commission to administer and supervise such civil service or merit system.” IX. Public Notice on Proposed Charter Revisions Mr. Pires stated that publication of all proposed amendments to the Charter and notice of a public hearing to be held February 20 would occur with official publication on January 24. X. Meeting Schedule It was moved by Commissioner Carver and seconded by Commissioner Johnson that the Commission meet next on March 14, 2001, and that Vice Chair Ahrens present information about the Commission at the February 15 Boards and Commissions Recognition event. MOTION PASSED UNANIMOUSLY. XI. Adjournment As there was no other business, at 8:45 p.m., Commissioner Carver moved and Commissioner Ernst seconded adjournment. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Clint Pires Staff Liaison 74 CONSENT ITEM # 6b City of St. Louis Park Human Rights Commission Minutes - February 21, 2001 First Floor Community Room - City Hall ______________________________________________________________________________ Present Commission Members: Marc Berg, Cassandra Boddy, Jake Feldman, Herb Isbin, Betty Merritt, Kristi Rudelius-Palmer, Kristin Siegesmund, Chris Smith, Emily Wallace-Jackson and Maya Winoker Staff: Martha McDonell, staff liaison, and Lynn Schwartz, recording secretary Guests: Deanna Gallagher, Minnesota Advocates for Human Rights Call to Order Vice Chair Kristin Siegesmund called the meeting to order at 7:07 p.m. Members were introduced to newly appointed commission member Kristi Rudelius-Palmer and the commission’s new student representative Jake Feldman. January Minutes: Moved by Chris Smith and seconded by Marc Berg to accept the January minutes. Motion passed unanimously. February Agenda: Moved by Betty Merritt and seconded by Marc Berg to approve the agenda with the addition of a discussion about the upcoming report to the School Board. Motion passed unanimously. New Business Guest Presentation: Deanna Gallagher, Director of Partners in Human Rights Education for the Minnesota Advocates for Human Rights, gave a presentation about this organization. Founded in 1983, Minnesota Advocates began as a lawyer-oriented organization engaged in fact-finding and international human rights work. It has since broadened its focus to encompass local and international social, cultural and economic rights issues. Minnesota Advocates conducts fact- finding, provides direct legal representation, and offers education and training assistance. The Partners in Human Rights Education program is designed to introduce international human rights awareness to students in kindergarten through 12th grade. This program focuses on helping students appreciate common human values and apply international standards to their lives. It also supports positive student action to remedy human rights problems in their communities. Gallagher told the commission that Minnesota Advocates would be interested in working with the commission and other St. Louis Park groups. Gallagher asked about issues facing St. Louis Park. Marc Berg gave a brief overview of the commission’s role, history and mission. Kristen Siegesmund added that the commission is interested in partnering with Minnesota Advocates on projects that would change attitudes and move people forward in both the schools and the community at large. Kristi Rudelius-Palmer 75 said she had the impression that the City Council is interested in seeing the Human Rights Commission build a model program or make a significant effort in the community. Members also said they’d like training opportunities for businesses, civic leaders, students and teachers more fully integrated into curriculum and workplace training programs. Report to School Board: Emily Wallace-Jackson asked commissioners for input on topics she should cover when she updates the St. Louis Park School Board on the Human Rights Commission’s recent efforts. Kristen Siegesmund suggested she tell the school board that the commission is interested in following up on the needs highlighted by the ethnographic study. The student members pointed out that school officials have been reluctant to share the study results with students, staff and Human Mosaic members. Commissioners suggested that Wallace-Jackson tell the school board that the commission now has three student appointees and urges the School Board to support Human Mosaic’s efforts. Members also felt she could share information about the opportunities the Partners in Human Rights Education program offers for curriculum enhancement and training. Members felt she could urge the board to take advantage of this local connection to a national resource. Commission members also suggested that Wallace-Jackson say they appreciated the invitation to talk with the board about the Boy Scouts issue and express their continued interest in this issue. Old Business 2000 Annual Report: Marc Berg distributed a revised copy of the annual report for commissioners’ review. Herb Isbin suggested that the report avoid using individual commissioner’s names because this practice might inadvertently leave out a member. After a brief discussion, members agreed the report should list the names of all commissioners who were active in 2000. Moved by Betty Merritt and seconded by Kristi Rudelius-Palmer to approve the report with the addition of all commissioners’ names. Motion passed unanimously. 2001 Work Plan: Martha McDonell distributed a list of the work projects discussed at the previous meeting. Members then discussed additional ideas. In addition to the items listed on the draft work plan, Maya Winoker suggested that the commission work with the Human Mosaic on Diversity Week which is May 21 to 25. Kristi Rudelius-Palmer suggested the commission collaborate with other Human Rights Commissions to help fund community theater presentations on diversity. Herb Isbin suggested the commission learn about other organizations’ programs and services. Kristen Siegesmund suggested that the commission continue to research and recommend diversity training programs for city employees. Members also said they want to continue their outreach to block captains and continue participating in the Children First Ice Cream Social and Parktacular. Members suggested the commission might work with Human Mosaic to build a float during Diversity Week and then use that float in the Parktacular parade. 76 Moved by Herb Isbin and seconded by Kristi Rudelius-Palmer to assign work project tasks to each commissioner at the next meeting. Motion passed unanimously. Martha will draft a summary of the work plan. Essay Contest: Members also talked about promoting the Human Rights essay contest. Only one teacher responded to the commission’s invitation to participate in the essay contest. Herb Isbin suggested that the commission honor all the Junior High students who wrote an essay and select one entry to send to the state competition. Martha McDonell will mail any essays that are submitted to Marc Berg, Cassandra Boddy and Betty Merritt so they can read them in advance of the March meeting. At the March meeting, members can select a winner. Reports Commissioner Reports: Betty Merritt shared a legislative action alert concerning a proposal to expand the sales tax to non-profits; Merritt asked interested members to contact the Governor’s office to say they are opposed. Maya Winoker told commissioners that Human Mosaic is doing a videotape on Human Relations issues and will be showing the final product to social studies classes. Kristi Rudelius-Palmer noted that March 1 is the deadline for applying for the Upper Midwest Human Rights Fellowship program. Staff Report: Martha McDonell reported that the commission does not need to return to a City Council meeting to request City funding for the League of Women Voters’ handbook for new immigrants and renters. McDonell explained that their request can be accomplished by drafting a contract with the City. McDonell also noted that the City is in the midst of updating the City Code and members may wish to propose that the commission’s bylaws be amended to give students voting rights at meetings. (Currently, students representatives are non-voting members.) Members enthusiastically agreed with this suggestion. Set Agenda For Next Meeting Due to the time, Marc Berg moved that all remaining agenda items—League of Women Voters new immigrant handbook, Bias/Hate Crime Resource list and Vision St. Louis Park survey—be tabled to the March meeting. Seconded by Cassandra Body. Motion passed unanimously. Adjournment Moved by Betty Merritt and seconded by Maya Winoker to adjourn. Motion passed unanimously. With no further business, the meeting was adjourned at 9:09 p.m. Respectfully submitted, Lynn Schwartz, Recording Secretary 77 CONSENT ITEM # 6c MINUTES BOARD OF ZONING APPEALS MEETING DECEMBER 5, 2000 CITY HALL, COUNCIL CHAMBERS MEMBERS PRESENT: James Gainsley, Tom Powers, Carl Robertson MEMBERS ABSENT: Susan Bloyer and Paul Roberts STAFF PRESENT: Scott Moore, City Staff Liaison 1. Call to Order - Roll Call Chair Robertson called the meeting to order at 7:00 p.m. 2. Approval of Minutes of August 24, 2000 Mr. Gainsley moved and Tom Powers seconded the motion to approve the minutes of August 24, 2000. Motion Passed Unanimously. Mr. Powers apologized for not being able to attend the last meeting held on November 28, 2000 where a quorum was not present at the meeting. 3. Consent Agenda: None 4. Public Hearings: a. Case No. 00-57-VAR – The request of Nancy Wolfe for a variance from Section 14:5-4 .3f6 relating to zoning to permit a front yard setback of 22.8 feet instead of the required 32.5 feet for the property located in the “R-2” Single Family District. Mr. Moore presented a staff report. He stated that the required setback was not 32.5 feet, but rather 27.5 feet because it was 5 feet less than the average. He concluded that since five out of the seven criteria have not been satisfied, it is recommended that the request to permit a front yard setback of 22.8 feet instead of the required 27.5 feet be denied. Chair Robertson opened the public hearing. Nancy Wolfe, applicant stated that my house was zoned with my side yard as the front yard. My house is 4246 Ottawa. My front door and the length of my house are on Ottawa Avenue. If I were to put an addition off the front, it would be the 78 same. You wouldn’t do it on your house, and I would never do it on mine because it wouldn’t look right. My front yard is closer to Ottawa Avenue than any other house on my block. So to put an addition out the front 20 feet like Scott says which would be allowable would not be in anybody’s best interest. She submitted a set of pictures as Exhibit A. Chair Robertson asked if she had considered going up a second story. Ms. Wolfe stated that if I was a rich woman that would be a possibility, but then you are looking at making for steps and stairways and I am only looking at 12 feet by 18 feet. This is not what I am looking for. Mr. Gainsley stated that we have to act with a sense of fairness. We have many homes in St. Louis Park that were faced wrongly on the lot. We have to be careful not to set a presence because this is not a unique situation. Ms. Wolfe stated that I understand that you would have to take every situation separately. This small addition is not going to be any difficulty for any of the neighbors. The only thing it is going to do is to add value to my house and the neighborhood. Mr. Gainsley asked if Ms. Wolfe was the original owner. Ms. Wolfe indicated that her parents were the original owners. Chair Robertson stated that what we are looking for is what hardship is there that is unique to the lot. We are struggling because it is basically a good size lot which is flat and square. Ms. Wolfe stated that there would be a hardship for myself and neighbors if I stuck on an additional off the front of my yard. This would look terrible. Ms. Wolfe explained the recent Evergreen Award she recently received. Mr. Powers stated that I could see a hardship although the property deemed the ability and placement of the garage as staff proposed, because of the front yard placement that the house structure built prior to her ownership. Mr. Gainsley stated that she had purchased the house knowing that it was situated the way it was. Chair Robertson stated that looking at the site, to build it out in front could impede on the site lines, where as building it on the front does not interfere with site lines around the corner. The Commissioners discussed the intent of the ordinance and possible hardships related to the placement of the house on the property. 79 Chair Robertson closed the public hearing. Mr. Gainsley stated there doesn’t appear to be a good alternative to this, but that doesn’t mean that the person is not getting a reasonable use out of the property. Ms. Wolfe questioned where the utilities were located. Mr. Powers questioned if staff if variance was granted could the staff work with this for future reference. Mr. Moore stated that if the variance was granted staff would look at the particulars to this piece of property as it relates to any others that would come forward for a variance of this nature. Mr. Gainsley asked if there was any reason to believe that the applicant isn’t getting reasonable use compared with the sizes of the houses that the neighbors have. Mr. Moore stated that the applicant was getting a reasonable use of the property. He noted that additions are looked favorably and related to the need for move-up housing in St. Louis Park. Mr. Gainsley stated that since the applicant could build this addition in an area which would be less desirable from the City’s point of view, because it would impede the site line for traffic and we would rather not have you do that, and also because it expands housing according to protocol that the City Council has recognized as move-up housing and the location of it is such it wouldn’t impede any site lines, if it is built where you want to build it if we give you a 5 feet variance, I would move that we give you the variance to do it. Mr. Gainsley moved and Mr. Powers seconded the motion to grant the variance for a 22.8 feet set back verses the 27.5 set back based on the fact that the alternative that was proposed would impede traffic site lines and danger the public safety because there is no controlled stop at that intersection and also because the addition would be in accordance with the policy set forth by the City Council for move-up housing. The motion passed unanimously. 5. Old Business: None 6. New Business: a. Time extension request from Midland Glass Company from Section 14:5-7.3f4 to permit 0 feet rear yard setback instead of the required 10 feet setback for property in the IG General Industrial located at 2230 State Highway 100. 80 Mr. Moore presented a staff report. He stated that the applicant stated the reason for the delay is due to the replatting of the existing site of the acquired railroad property. Mr. Moore recommended that the one year time extension be granted for Midland Glass and adopt the attached resolution. Mr. Gainsley moved and Mr. Powers seconded the motion to grant the one year time extention. The motion passed unanimously. 7. Communications: None 8: Miscellaneous: None 9. Adjournment: Mr. Gainsley moved and Mr. Powers seconded the motion to adjourn. The motion passed unanimously. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Scott Moore Zoning Administrator Prepared by: Shirley Olson Recording Secretary 81 CONSENT ITEM # 6d OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MARCH 7, 2001--7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michael Garelick (arrived at 7:10 p.m.), Ken Gothberg, Carl Robertson, Sally Velick MEMBERS ABSENT: Michelle Bissonnette, Dennis Morris, Jerry Timian STAFF PRESENT: Judie Erickson, Janice Loftus 1. Call to Order - Roll Call Chair Velick called the meeting to order at 7:00 p.m. and welcomed the Commission’s new member, Carl Robertson. 2. Approval of Minutes of February 21, 2001 Mr. Gothberg moved approval of the minutes of February 21, 2001 and motion passed on a 2-0-1 vote with Robertson abstaining. 3. Hearings: A. Case No.01-05-S – Request of Ugoret’s Properties LLC for Preliminary and Final Plat for Ugoret’s Addition Judie Erickson, Planning Coordinator, reported that the applicant has withdrawn this application and submitted a new application with a request for a variance to eliminate the requirement for sidewalks as mandated by the Subdivision Ordinance. Since the public hearing was published, the hearing needs to be opened for public comment. Chair Velick opened the public hearing. There being no one wishing to speak to the public hearing, Chair Velick closed the hearing. She stated that no action is required since the application has been withdrawn. 4. Unfinished Business: None 5. New Business: 82 A. Consent Agenda: None B. Other New Business: None 6. Communications A. Recent City Council Action – March 5, 2001 B. Other 7. Miscellaneous A. Texa Tonka Study Update Ms. Erickson updated the Commission on design objectives, existing conditions of the property and reviewed two proposed concepts for the area. She also showed some sketches of different improvements to Minnetonka Boulevard. Ms. Erickson stated that there were some changes recommended to the concept drawings at the second meeting of the Task Force. There was also a meeting held with the major property owner of Texa Tonka Shopping Center. He has requested a meeting with all of the commercial property owners in the area, staff and the City Council to discuss the study area. This meeting has been scheduled for March 20th. Mr. Garelick asked what Mr. Fine’s, the major property owner, attitude is toward the proposed concepts. Ms. Erickson stated that she is optimistic. There are some hurdles to cross. The property has been owned by the Fine family since it was developed in the 1950’s. The current owner lives out of state which does create some problems. She stated that she feels the City is on track in rebuilding a positive relationship with the owner. Mr. Garelick stated he is not so optimistic. It appears that whenever there are any renovations to be done with a new tenant, the owner wants the tenant to bear those costs. Ms. Velick stated it is unfortunate when the owner does not want to cooperate. She asked if there will be any City funds available for the proposed street improvements. Ms. Erickson replied this could be the case if private funds are also used to improve the area. Mr. Gothberg said he is pleased with the progress of the Task Force. Related to Concept A, he said he does not see a sidewalk on the west side of Utah Avenue and feels there should be one there. He stated we should not eliminate any sidewalks in the area because there is a lot of pedestrian activity because of the services provided and the apartments in the area. He likes the idea of closing some of the entrances to the Texa Tonka businesses. He stated that Minnetonka Boulevard is a narrow four lane road and asked if 83 it would help to have one lane each way with a center lane marked for left turn only. He is not sure if the bridge over the trail could handle a sidewalk on the north side of Minnetonka Blvd, but thinks it is important to have one there. Ms. Erickson asked Mr. Gothberg if he meant for a sidewalk to be on both the east and west sides of Utah. Mr. Gothberg said he seldom sees people walking on the east side. Chair Velick stated that the entrance/exit to the shopping center on Texas is a very dangerous situation. It is extremely difficult to leave the center and turn south because of the lanes of traffic you must cut through. B. Other i. Mr. Garelick asked that his annual review of the real estate market be placed on an upcoming agenda. ii. Chair Velick welcomed Mr. Robertson once again and asked that he tell the Commission something about himself. Mr. Robertson stated that he has been serving on the Board of Zoning Appeals and looks forward to bringing that experience to the Commission. He has lived in St. Louis Park for 10 years and is an architect by profession. 8. Adjournment Chair Velick adjourned the meeting at 7:30 p.m. Respectfully Submitted, Janice Loftus Administrative Secretary 84 CONSENT ITEM # 6e March 20, 2001 VENDOR NAME DESCRIPTION AMOUNT AIRLAKE FORD MERCURY INC. MACHINERY & AUTO EQUIPMENT 31,049.00 AIRTOUCH CELLULAR TELEPHONE 29.43 ANCHOR PAPER CO OFFICE SUPPLIES 1,102.87 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 407.43 AUTOMATIC GARAGE DOOR CO BUILDING MTCE SERVICE 1,081.55 BACHMANS BUILDING MTCE SERVICE 106.50 BARON, EILEEN GENERAL SUPPLIES 217.76 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87) BEARCOM RADIO COMMUNICATIONS 448.75 BG AUTOMOTIVE OF MN, INC. GENERAL SUPPLIES 475.42 BOBS PERSONAL COFFEE SERVICE OFFICE SUPPLIES 274.54 BOYER TRUCK PARTS EQUIPMENT PARTS 20.47 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES 337.48 BRECKENRIDGE, CITY OF TRAINING/CONFERENCES/SCHOOLS 75.00 BRO TEX INC GENERAL SUPPLIES 11.28 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) CALL ONE INC RADIO COMMUNICATIONS 282.32 CAMPBELL KNUTSON PROFESSIONAL LEGAL SERVICES 96.00 CARLSON TRACTOR & EQUIP CO MACHINERY & AUTO EQUIPMENT 4,148.18 CENTER FOR ENERGY & ENVIRONMEN OTHER CONTRACTUAL SERVICES 4,447.78 CHEYENNE LAND COMPANY CERTIFICATE OF COMPLIANCE 25.00 COMMISSIONER OF TRANSPORTATION PROFESSIONAL SERVICES 914.12 COMMUNITY ACTION FOR SUBURBAN OTHER CONTRACTUAL SERVICES 3,590.00 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) COORDINATED BUSINESS SYSTEMS L OFFICE SUPPLIES 22.43 COUNTRY FLAGS GENERAL SUPPLIES 74.29 CRILEY, KATHI L GENERAL SUPPLIES 123.12 CROWN TROPHY OTHER CONTRACTUAL SERVICES 126.52 CSC CREDIT SERVICES INC PROFESSIONAL SERVICES 50.00 CUTLER-MAGNER CO OTHER IMPROVEMENT SUPPLIES 12,744.05 DALCO CLEANING/WASTE REMOVAL SUPPLY 5,159.32 DELI DOUBLE GENERAL SUPPLIES 182.00 DIGITAL BIOMETRICS INC EQUIPMENT MTCE SERVICE 485.00 DIVERSIFIED INSPECTIONS INC EQUIPMENT MTCE SERVICE 335.00 DVORAK, BRAD TRAINING/CONFERENCES/SCHOOLS 805.28 DVORAK, LOUANN CERTIFICATE OF COMPLIANCE 25.00 EDOFF, TIMOTHY CERTIFICATE OF COMPLIANCE 25.00 EHLERS & ASSOCIATES INC PROFESSIONAL SERVICES 218.75 ELECTRIC PUMP WALDOR GROUP EQUIPMENT MTCE SERVICE 727.30 ELECTRICAL INSTALLATION & MAIN OTHER IMPROVEMENTS 21,889.41 ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 7,942.87 85 EVERGREEN LAND SERVICES CO PROFESSIONAL SERVICES 273.50 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FADDEN PUMP CO BUILDING MTCE SERVICE 89.46 FEDERAL EXPRESS CORP PROFESSIONAL SERVICES 43.61 FELICIAN COLLEGE TRAINING/CONFERENCES/SCHOOLS 295.00 FMAM TRAINING/CONFERENCES/SCHOOLS 20.00 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GRAINGER INC, W W SMALL TOOLS 62.15 HEDBERG AGGREGATES OTHER IMPROVEMENT SUPPLIES 318.60 HENN CO INFORMATION TECHNOLOGY COMPUTER SERVICES 424.75 HENNEPIN COUNTY ELECTIONS OTHER CONTRACTUAL SERVICES 149.78 HENNEPIN COUNTY PUBLIC WORKS D CLEANING/WASTE REMOVAL SERVICE 111.42 HIGHVIEW PLUMBING INC OTHER IMPROVEMENT SERVICE 850.00 HOLDAHL COMPANY GENERAL SUPPLIES 47.29 HOME DEPOT/GECF SMALL TOOLS 80.71 IKON OFFICE SOLUTIONS RENTAL EQUIPMENT 12,924.14 IND SCHOOL DIST #283 OTHER CONTRACTUAL SERVICES 556.75 IRON MOUNTAIN GENERAL SUPPLIES 29.00 J H LARSON COMPANY EQUIPMENT PARTS 10.80 JUSTUS LUMBER COMPANY BLDG/STRUCTURE SUPPLIES 144.70 KAMAN INDUSTRIAL TECHNOLOGIES EQUIPMENT PARTS 111.83 LAKE COUNTRY CHAPTER-ICBO TRAINING/CONFERENCES/SCHOOLS 875.00 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 33,060.11 LOGIS COMPUTER SERVICES 45,264.15 M A H C O SUBSCRIPTIONS/MEMBERSHIPS 75.00 MACQUEEN EQUIP CO EQUIPMENT PARTS 939.14 MASTER ELECTRIC CERTIFICATE OF COMPLIANCE 430.00 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 937.50 MENARDS GENERAL SUPPLIES 10.48 METRO ATHLETIC SUPPLY OTHER CONTRACTUAL SERVICES 9,902.10 METRO SYSTEMS NON-CAPITAL EQUIPMENT 10,011.30 METRO VOLLEYBALL OFFICIALS OTHER CONTRACTUAL SERVICES 246.00 METROCALL TELEPHONE 60.42 MICRO CENTER OFFICE FURNITURE & EQUIPMENT 529.44 MIDWAY INDUSTRIAL SUPPLY CO IN BLDG/STRUCTURE SUPPLIES 951.96 MIDWEST MAILING SYSTEMS INC POSTAGE 46.85 MILLER HANSON WESTERBECK BERGE OTHER CONTRACTUAL SERVICES 800.00 MINN BLUE DIGITAL GENERAL SUPPLIES 17.89 MINN SAFETY COUNCIL SUBSCRIPTIONS/MEMBERSHIPS 225.00 MINN STATE TREASURER TRAINING/CONFERENCES/SCHOOLS 180.00 MINUTEMAN PRESS OFFICE SUPPLIES 40.47 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MN POLLUTION CONTROL AGENCY LICENSES/TAXES 1,490.00 MSHI TRAINING/CONFERENCES/SCHOOLS 30.00 MUNICILITE EQUIPMENT PARTS 65.60 N.A.R.S. PROFESSIONAL SERVICES 2,609.25 NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 763.52 86 NATIONAL AUTOMATIC SPRINKLER C BUILDING MTCE SERVICE 4,829.00 NATIONAL BUSINESS FURNITURE NON-CAPITAL EQUIPMENT 343.90 NORTHERN BATTERY EQUIPMENT PARTS 53.22 NORTHLAND ELECTRIC SUPPLY CO GENERAL SUPPLIES 32.97 NSP CO ELECTRIC SERVICE 37,891.88 OFFICE DEPOT OFFICE SUPPLIES 500.07 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PARTS PLUS EQUIPMENT PARTS 195.31 POSTMASTER POSTAGE 220.00 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 56.88 PRESTIGE LINCOLN MERCURY EQUIPMENT PARTS 13.36 PRINTERS SERVICE EQUIPMENT MTCE SERVICE 144.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) QUICKSILVER EXPRESS COURIER POSTAGE 851.18 RELIANT ENERGY HEATING GAS 9,499.32 REYNOLDS WELDING SUPPLY CO GENERAL SUPPLIES 10.14 RILEY, BERNARD TRAINING/CONFERENCES/SCHOOLS 180.00 SAMS CLUB #6318 GENERAL SUPPLIES 23.88 SANDBERG, ELIZABETH CERTIFICATE OF COMPLIANCE 25.00 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SEARS SMALL TOOLS 100.05 SENIOR COMMUNITY SERVICES OTHER CONTRACTUAL SERVICES 10,000.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SMITH, APRIL CERTIFICATE OF COMPLIANCE 25.00 SNAP-ON INDUSTRIAL SMALL TOOLS 735.34 SPITERI, PAULA CERTIFICATE OF COMPLIANCE 25.00 SPS COMPANIES INC EQUIPMENT PARTS 71.47 ST LOUIS PARK TRANSPORTATION I OTHER CONTRACTUAL SERVICES 260.00 STAT MEDICAL GENERAL SUPPLIES 39.42 STRANDEMO & SHERIDAN ACCIDENT REPORTS 30.00 STS CONSULTANTS LTD OTHER CONTRACTUAL SERVICES 304.95 SUBURBAN PROPANE MOTOR FUELS 51.75 SUN NEWSPAPERS LEGAL NOTICES 386.10 TARGET/DAYTONS GENERAL SUPPLIES 16.41 TEKSYSTEMS PROFESSIONAL SERVICES 1,267.00 TERRY GROUP OTHER CONTRACTUAL SERVICES 512.40 TRANSMISSION SHOP INC EQUIPMENT MTCE SERVICE 1,677.00 TRI-STATE PUMP & CONTROL EQUIPMENT MTCE SERVICE 91.35 TWIN CITY OPTICAL CO GENERAL SUPPLIES 74.34 TWIN CITY OXYGEN CO GENERAL SUPPLIES 4.48 U S WEST COMMUNICATIONS TELEPHONE 57.78 VIKING OFFICE PRODUCTS OFFICE SUPPLIES (9.61) WALSER FORD EQUIPMENT MTCE SERVICE 3,870.98 WATSON CO INC CONCESSION SUPPLIES 1,466.48 WSB ASSOCIATES INC PROFESSIONAL SERVICES 346.00 ZIP PRINTING OTHER ADVERTISING 381.37 ZIP SORT POSTAGE 1,064.97 303,411.17 March 30, 2001 87 VENDOR NAME DESCRIPTION AMOUNT 3M COMPANY OTHER IMPROVEMENT SUPPLIES 166.14 ACT ELECTRONICS INC OTHER IMPROVEMENT SUPPLIES 373.70 ADVANCED STATE SECURITY GENERAL SUPPLIES 290.21 ALL SAFE FIRE & SECURITY EQUIPMENT MTCE SERVICE 18.00 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 782.86 ARMADILLO TRUCK VAULT, INC. MACHINERY & AUTO EQUIPMENT 1,395.37 BATTERIES PLUS GENERAL SUPPLIES 42.01 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87) BERGERSON CASWELL EQUIPMENT MTCE SERVICE 6,790.00 BETH HOLIDA GENERAL SUPPLIES 80.46 BOYER TRUCK PARTS EQUIPMENT PARTS 82.34 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES 816.80 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BUE, WES PROF/CONSULT SERVICES 639.00 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 202.20 CAPITOL RUBBER STAMP CO OFFICE SUPPLIES 90.46 CARLSON TRACTOR & EQUIP CO EQUIPMENT PARTS 89.24 CARLSON, BARB SPECIAL PROGRAMS 22.50 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CONSTRUCTION BULLETIN MAGAZINE OFFICE SUPPLIES 215.16 CONTINENTAL RESEARCH CORP LANDSCAPING MATERIALS 269.87 CREKOW, JANE CERTIFICATE OF COMPLIANCE 25.00 CUB FOODS GENERAL SUPPLIES 228.69 DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 197.03 DIGIT IMAGING PRINTING & PUBLISHING 95.00 DITZLER PROPERTIES CERTIFICATE OF COMPLIANCE 25.00 DURABLE COMPONENT TECH GENERAL SUPPLIES 31.77 EDTECH COMPUTER SUPPLIES 377.75 ELAN TRAINING/CONFERENCES/SCHOOLS 1,470.02 EMERGENCY MEDICAL PRODUCTS GENERAL SUPPLIES 244.34 ENERGY CONTROLS INC BUILDING MTCE SERVICE 250.00 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 147.74 EPA AUDIO VISUAL INC GENERAL SUPPLIES 103.94 ERICKSON, JUDIE TRAINING/CONFERENCES/SCHOOLS 696.29 ERV'S LAWN MOWER REPAIR EQUIPMENT PARTS 43.11 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (30.67) FEMRITE, DEBORAH CERTIFICATE OF COMPLIANCE 25.00 FOLSTAD, KURT CERTIFICATE OF COMPLIANCE 25.00 FORCE AMERICA INC TRAINING/CONFERENCES/SCHOOLS 460.00 FRONT LINE PLUS FIRE & RESCUE EQUIPMENT PARTS 422.59 GENUINE PARTS COMPANY EQUIPMENT PARTS (27.83) GEORGE, STEPHANIE AQUATIC PARK SEASON TICKETS 24.00 GOVERNMENT TRAINING SERVICE TRAINING/CONFERENCES/SCHOOLS 250.00 GRAINGER INC, W W EQUIPMENT PARTS (61.18) GREENMAN TECHNOLOGIES OF MN IN CLEANING/WASTE REMOVAL SUPPLY 39.20 HARDRIVES INC OTHER IMPROVEMENTS 82,712.17 HASLERUD, CARRIE GENERAL SUPPLIES 83.90 HAWKINS WATER TREATMENT CLEANING/WASTE REMOVAL 2,395.24 88 GROUP SUPPLY HOME DEPOT GENERAL SUPPLIES 70.85 HOME DEPOT/GECF LANDSCAPING MATERIALS 10.59 HOME HARDWARE SMALL TOOLS 153.14 HUDSON MAP COMPANY GENERAL SUPPLIES 107.00 IKON OFFICE SOLUTIONS GENERAL SUPPLIES 359.80 INDUSTRIAL/ORGANIZATIONAL SOLU PROFESSIONAL SERVICES 1,810.00 INFRASTRUCTURE TECHNOLOGIES NON-CAPITAL EQUIPMENT 1,209.53 INTERMEDIAT DISTRICT 287 OTHER CONTRACTUAL SERVICES 40.00 IOS CAPITAL RENTAL EQUIPMENT 516.53 JERRY STAMM GENERAL SUPPLIES 13.52 JOSEPH CATERING OTHER CONTRACTUAL SERVICES 406.06 JUELICH, JERRY CERTIFICATE OF COMPLIANCE 25.00 JUSTUS LUMBER COMPANY OTHER IMPROVEMENT SUPPLIES 183.17 KATH FUEL OIL SERVICE LUBRICANTS/ADDITIVES 596.40 LAKE COUNTRY CHAPTER-ICBO TRAINING/CONFERENCES/SCHOOLS 175.00 LANGLOIS, CARMINE GENERAL SUPPLIES 147.00 LEAGUE MN CITIES INS TRUST OTHER CONTRACTUAL SERVICES 3,014.69 LEAGUE OF MN CITIES SUBSCRIPTIONS/MEMBERSHIPS 100.00 MACQUEEN EQUIP CO EQUIPMENT PARTS 98.43 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 600.00 MCCOY OIL COMPANY GENERAL SUPPLIES 63.90 MCFADDEN, MARJORIE GENERAL CUSTOMERS 4.70 MEDTRONIC PHYSIO-CONTROL CORP EQUIPMENT MTCE SERVICE 222.00 METROPOLITAN COUNCIL CLEANING/WASTE REMOVAL SERVICE 208,305.40 MINN SAFETY COUNCIL GENERAL SUPPLIES 459.33 MINUTEMAN PRESS OFFICE SUPPLIES 133.88 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) NADEAU UTILITY INC OTHER IMPROVEMENTS 13,442.39 NAPA GENUINE PARTS CO/FINANCE EQUIPMENT PARTS 1,023.04 NATL RECREATION & PARKS ASSOC SUBSCRIPTIONS/MEMBERSHIPS 215.00 NEOPOST EQUIPMENT MTCE SERVICE 351.00 NEWMECH CO INC EQUIPMENT MTCE SERVICE 6,376.00 NORTHERN DEWATERING INC EQUIPMENT MTCE SERVICE 7,016.50 NORTHLAND ELECTRIC SUPPLY CO EQUIPMENT MTCE SERVICE 166.25 NORTHWEST TITLE & ESCROW GENERAL CUSTOMERS 92.00 NSP CO ELECTRIC SERVICE 32,287.34 OFFICE DEPOT OFFICE SUPPLIES 448.16 ONE CALL CONCEPTS INC RADIO COMMUNICATIONS 120.00 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PERFECT SURFACE CO TRAINING/CONFERENCES/SCHOOLS 50.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) QUILL CORPORATION OFFICE SUPPLIES 43.96 RIGID HITCH INCORPORATED EQUIPMENT PARTS 71.64 RUTTGERS BAY LAKE LODGE TRAINING/CONFERENCES/SCHOOLS 210.66 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SCHEAR, MORRIS B CERTIFICATE OF COMPLIANCE 25.00 SECURITYLINK FROM AMERITECH OTHER CONTRACTUAL SERVICES 36.10 89 SEH PROFESSIONAL SERVICES 903.34 SENSIBLE LAND USE COALITION TRAINING/CONFERENCES/SCHOOLS 30.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SLP SCHOOL DIST 283 SPECTATOR ADMISSION-tax exempt 36.15 SPECIALTY SCREENING GENERAL SUPPLIES 62.84 STAR TRIBUNE SUBSCRIPTIONS/MEMBERSHIPS 225.16 STREICHER'S EQUIPMENT PARTS 2,351.75 SUBURBAN PROPANE MOTOR FUELS 75.55 SUBURBAN TIRE CO TIRES 93.04 TEKSYSTEMS PROFESSIONAL SERVICES 714.00 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 50.06 TKDA PROFESSIONAL SERVICES 1,162.73 TRACY/TRIPP FUELS MOTOR FUELS 9,280.50 U S WEST INTERPRISE TELEPHONE 767.40 UNITED STATES POSTAL SERVICE POSTAGE 2,977.80 URDAHL, JILL GENERAL CUSTOMERS 83.06 VEIT & COMPANY GARBAGE/REFUSE SERVICE 670.00 VICKERMAN, PETER POSTAGE 124.44 VIKING OFFICE PRODUCTS OFFICE SUPPLIES (9.61) WALSER FORD EQUIPMENT PARTS 62.34 WASTE MANAGEMENT-BLAINE GARBAGE/REFUSE SERVICE 60.05 WELLS FARGO REMITTANCE CTR MEETING EXPENSE 1,595.80 WILLIAMS STEEL & HDWE GENERAL SUPPLIES 64.98 WSB ASSOCIATES INC PROFESSIONAL SERVICES 15,491.00 ZACKS INC GENERAL SUPPLIES 169.34 ZEMBRYKI, MARK MILEAGE-PERSONAL CAR 96.25 ZIP PRINTING PRINTING & PUBLISHING 289.58 420,416.57