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HomeMy WebLinkAbout2000/05/15 - ADMIN - Agenda Packets - City Council - Regular 1 AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 15, 2000 7:30 p.m. 7:15 p.m. - Economic Development Authority 1. Call to order 2. Presentation a. Relay for Life Presentation by the American Cancer Society b. Poppy Days Proclaimation c. Years of Service Presentation 3. Roll Call 4. Approval of Minutes a. City Council Minutes of May 1, 2000 Action: Corrections/amendments to minutes - Minutes approved as presented b. Study Session Minutes of April 24, 2000 Action: Corrections/amendments to minutes - Minutes approved as presented 5. Approval of agenda a. Consent agenda Note: All matters on consent (starred items) are considered to be routine and will be enacted by one motion approving all. There is no separate discussion of these items. If discussion is desired, the starred item will be moved to the regular agenda. Action: Motion to approve - Motion to delete item(s) b. Agenda Action: Motion to approve - Motion to add item(s) *c. Resolutions and Ordinances 2 Action: By consent, waive reading of resolutions and ordinances 6. Public Hearing 6a. Public Hearing to Consider Currency Exchange License Application City Council Concurrence for State Currency Exchange License Application at 8132 Highway 7 (Knollwood Shopping Center) by Community Money Centers, Inc., dba “Money Centers” Recommended Action: Mayor to close the public hearing. Motion to notify the State of City approval. 7. Petitions, Requests, Communications 8. Resolutions and Ordinances 8a. Firefighter Contract Changes for 1/1/00 – 12/31/00 A two year agreement for Firefighters was reached settling the City and Union for 1/1/00 through 12/31/01. Recommended Action: Motion to adopt the resolution approving a Labor Agreement between the City and International Association of Firefighters Local #993, establishing terms and conditions of employment for the duration of 1/1/00 – 12/31/01. 8b. Request by Project for Pride in Living for Final Planned Unit Development approval and an Amendment to the approved Preliminary PUD for certain Louisiana Court apartments Case No. 00-18-PUD and 00-19-VAR 2704-2768 Louisiana Court and 2740-2750 Louisiana Avenue Recommended Action: Motion to adopt a resolution approving a Final PUD and an Amendment to the approved Preliminary PUD for Louisiana Court apartments, subject to conditions in the resolution. 8c City Engineer’s Report: Proposed Improvements to Reduce Traffic Congestion and Accidents on Louisiana Avenue between the Burlington Northern Railroad Bridge and Minnetonka Boulevard. Project No. 00-13 This report considers the implementation of traffic management alternatives to reduce traffic congestion and accidents on Louisiana Avenue. Recommended Motion to adopt the attached resolution approving Alternate No. 3 Action: 2, accepting this report, establishing Project No. 00-13, ordering Project No. 00-13, approving plans and specifications, and authorizing receipt of bids. 8d City Engineer’s Report: Storm Water Flood Area No. 11 – Improvements at Nelson Park – Project No. 00-06; Flood Area No. 12 – Improvements at 2916 Maryland Avenue South – Project No. 00-02; Flood Area No. 17 – Improvements in alley behind 3363 Zarthan Avenue, Project No. 00-04. This report considers public improvements in Nelson Park to address the public portion of the storm water in Flood Area No. 11; public improvements at the City- owned lot at 2916 Maryland Ave. South in Flood Area No. 12; and public improvements in alley behind 3363 Zarthan Avenue, Flood Area No. 17. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing Project No.’s 00-06, 00-02, and 00-04, ordering Project No.’s 00-06, 00-02, and 00-04, approving plans and specifications, and authorizing receipt of bids. *8e. Resolution Adopting a Sanitary Sewer Service Line Backwater Valve Pilot Program This action would establish a pilot program in which the City would participate in the cost to furnish and install backwater valves in sanitary sewer service lines at ten (10) identified properties. Recommended Action: Motion to adopt the attached resolution approving the “Sanitary Sewer Service Line Backwater Valve Pilot Program”. *8f. Request by MSP Real Estate, Inc. for a Minor Amendment to the approved Planned Unit Development for Mill City Apartments for changes to approved Building Elevations Case Nos. 00-35-PUD and 00-37-S 7301 Walker Street Recommended Action: Motion to adopt a resolution approving a Minor Amendment to the approved Planned Unit Development for Mill City Apartments, subject to conditions in the resolution. *8g. Miscellaneous Zoning Ordinance amendments pertaining to extending the time limit for variance re-applications, enforcing officer, requiring permits for fences and parking lots, how private indoor entertainment w/liquor is permitted, relocating permits for signs, and the deletion of the sign ordinance in the Municipal Code with retention in the Zoning Ordinance. 4 Recommended Action: Motion to adopt the proposed Zoning Ordinance amendments, approve summary, and authorize publication. *8h. Creating a definition for a catering land use, establishing which zoning districts to permit a catering business, and determining a parking requirement for a catering operation. Recommended Action: Motion to adopt the proposed Zoning Ordinance amendments, approve the summary, and authorize publication. *8i. Park Center Boulevard Housing TIF District This report considers a technical correction to the Modification of the Park Center Housing Tax Increment Financing Plan. Recommended Action: Motion to adopt the Resolution Clarifying the Parcels to be Included in the Modification to the Park Center Housing TIF District. 9. Reports from Officers, Boards, Committees *a. Charter Commission Minutes of January 12, 2000 *b. Planning Commission Minutes of April 5, 2000 *c. Housing Authority Minutes of April 12, 2000 *d. Vendor Claims Action: By consent, accept reports for filing 10. Unfinished Business 11. New Business *11a. Bid Tabulation: City-Wide Random Curb and Gutter Repair Work – City Project No. 00-01 This report considers awarding a contract for City-wide random concrete curb and gutter repairs. Recommended Action: Motion to designate Ti-Zack Concrete, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $26,275.70. 5 *11b. Bid Tabulation: 2000 Contract Sealcoating This report considers awarding a contract for the sealcoating of designated bituminous streets within the City of St. Louis Park to Bituminous Roadways, Inc. Recommended Action: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder for the construction of bituminous sealcoating and to authorize execution of a contract with the firm in the amount of $59,237.78. *11c. Consultant Retention for Assistance in Pavement Condition Evaluation This report considers the retention of a Consultant to perform pavement surface ratings on roadways under the City’s jurisdiction. Recommended Action: Motion to Authorize Mayor and City Manager to execute a Contract with Goodpointe Technology Corporation to perform pavement surface evaluation services on the City’s roadway system. *11d. Renewal of insurance agent contract A.J. Gallagher & Co of MN, Inc. has submitted the proposal for agent fees effective 4-1-00 to 4-1-01. Recommended Action: Motion to renew insurance agent contract. *11e. Frauenshuh Development Contract Amendment This report considers approving the First Amendment to the Redevelopment Contract with Frauenshuh and increases the construction start and end dates by one year on the medical office building. Recommended Action: Motion to approve the First Amendment to Contract for Private Redevelopment between the City of St. Louis Park, the Economic Development Authority, and DRF L-7 LLC. 12. Miscellaneous 13. Claims, Appropriations, Contract Payments 14. Communications 6 15. Adjournment 7 Item # 4a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 1, 2000 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. 2. Presentations a. Employee Recognition Mayor Jacobs thanked and recognized the following police officers with a plaque for their dedicated service to the City of St. Louis Park: John Fitzgerald, Jim Jezierski, Bill Shook, Glenn Hunter, and Greg Loiselle b. Jim Rhodes Appreciation Proclamation Mayor Jacobs presented the Arts Education Leadership 2000 Award to Jim Rhodes. c. Holocaust Days of Remembrance Proclamation Mayor Jacobs read a proclamation designating April 30 - May 8th as the Days of Remembrance of the victims of the Holocaust 3. Roll Call The following Councilmembers were present at roll call: Jim Brimeyer, Ron Latz, Chris Nelson, Sue Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Assistant Zoning Administrator (Mr. Moore); Planning Manager (Ms. Jeremiah); Director of Public Works (Cindy Walsh); Human Resources Manager (Nancy Gohman); Planning Associate (Ms. Peterson); and Recording Secretary (Ms. Olson). 4. Approval of Minutes a. Study Session Minutes of April 10, 2000 The minutes were approved as presented. b. City Council Minutes of April 17, 2000 The minutes were approved as presented. 8 5. Approval of Agendas a. Consent Agenda. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Nelson, seconded by Councilmember Latz, to approve the agenda. The motion passed 7-0. c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances. 6. Public Hearings 6a. Continuation of public hearing and resolution approving transfer of control of the St. Louis Park cable television franchise Terry Judson, 3016 Lynn Avenue, asked several questions regarding the problems between Disney, ABC and Time Warner which led to the national news story. He suggested that a schedule channel (TV Guide Channel) be reinstated since they have one in the Media One suburbs of St. Paul. Lance Leupold of Time Warner stated that the problems with ABC didn’t apply in our market because the agreements are still in force, and the negotiations were ongoing because Time Warner was seeking to keep costs reasonable for their customers. Mayor Jacobs closed the public hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt the accompanying resolution approving the proposed transfer of the City’s cable television franchise from Time Warner Cable to a new parent company, AOL Time Warner. The motion passed 6-0- 1. Councilmember Latz abstained due to a possible conflict of interest. 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Resolution Implementing Employee Recognition Programs Nancy Gohman, Human Resource Manager presented a staff report. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve the resolution adopting and approving funding for the Departing Employee Recognition Program, the Employee Service Recognition Program and the Annual Recognition Banquet. The motion passed 7-0. 9 8b. Resolution establishing a task force to assist in the development of a Master Plan for the Oak Hill area parks Cindy Walsh, Director of Parks and Recreation presented a staff report. Councilmember Santa asked if there was a youth representative on the task force. Ms. Walsh stated that there was not a youth representative on the task force, but believed it would be a good idea. Councilmember Latz suggested that a representative from the Lenox neighborhood be included on the task force. It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt the resolution establishing the Oak Hill Area Parks Task Force. The motion passed 7-0. 8c. Request by Benilde St. Margaret’s School for a Special Permit Amendment and Five-foot height variance for building height in the R-1 Zoning District to permit a building expansion and site improvements Case No. 00-20-CUP and 00-21-VAR 2501 South Highway 100 Sacha Peterson, Planning Associate presented a staff report and recommended approval of the variance request, subject to conditions in the resolution, and recommended approval of the Special Permit Amendment, subject to conditions in the resolution. Duane Krohmke, 2505 Princeton Court, President of the Princeton Court Association, stated that the association supported the plan, but desired flexibility of the placement of the trees on the bufferyard between the school property and Princeton Court. Councilmember Sanger supported the plan and commended staff. She recommended some shielding behind the light for the proposed cross so that it does not spill over into the neighborhood. Bill Hamburge, Benilde St. Margaret stated that he has been in conversation with Councilmember Sanger about this issue. Councilmember Brimeyer asked staff if a provision was made for the trail easement and how does it connect to the park. Ms. Peterson clarified that the exact location of the trail has not been determined, but staff wanted to put some assurance in the resolution. The Council discussed Item 4f in the resolution related to a trail easement. Councilmember Latz was concerned that there may be a problem in the future. 10 Mr. Meyer, City Manager stated that it was his understanding that if the City had a defined location for an easement, Benilde would be willing to grant it, but absent a defined location for an easement, they were a little concerned that guaranteeing an easement where they have no control over its location which would be disconcerting. Councilmember Sanger asked how long it would take between the City and Benilde to decide what might be an acceptable location for the trail easement. Mr. Hamburg stated that he has been involved with the Parks and Recreation Department, but has not seen a trail plan. He stated that Benilde was committed to working with the City and neighbors to connect trail. It was the consensus of the Council not to modify the original language of item 4f. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt the resolution approving a Special Permit Amendment and five foot building height variance, subject to conditions in the resolutions with original language in Item 4f. The motion passed 7-0. 8d. Resolution setting fees for sign, fence and parking lot permits Scott Moore, Assistant Zoning Administrator presented a staff report. It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to adopt the resolution establishing fees for sign, fence and parking lot permits. The motion passed 7-0. 8e. Request by CSM/Rottlund for Preliminary Plat and Preliminary Planned Unit Development approval for Pointe West Commons One and Two, including development of 127-unit and 106-unit hotels, 84 townhomes, and a neighborhood park Case Nos. 00-14-S and 00-15-PUD Northwest quadrant of West 16th Street and Zarthan Avenue Sacha Peterson, Planning Associate presented a staff report and recommended approval of the preliminary plat and preliminary PUD, subject to the conditions in the resolution. Cindy Walsh, Director of Public Works, stated that it would be difficult to accommodate the request for the neighborhood concern about the park will be developed next year. Hans Widmer, 1601 Alabama Avenue South, was concerned about increased traffic, safety of children, and not having the park available for the neighborhood during the construction. He was opposed to the alternative traffic patterns on to Alabama and 16th Street. Gary Berscheid, 1604 Blackstone Avenue South, was concerned about increased traffic and how it would be handled. He recommended options for the Alabama access which included making it a one-way in or used for emergency vehicles only. He recommended an alternative configuration of the townhomes to change the location of the roadway. He was concerned about the neighborhood children not having a park this summer and suggested constructing a temporary park. 11 Ms. Peterson confirmed that two full emergency accesses were needed and a one-way may not be possible because of the requirement to allow residents to leave when there was an emergency and would be hard to enforce. Staff has met with developer to discuss reconfiguration and too close together Terry Judson, 3016 Lynn Avenue, asked if there any units set for affordable housing. Mayor Jacobs stated that this development was not an affordable housing project. Dan Hulke, 1600 Alabama Avenue South, was concerned about the loss of the park over the summer and increased traffic. He suggested the placement of knock down posts at the Alabama access. Ms. Walsh, Parks and Recreation Director, stated that there were several significant issues included timing and funding that needed to be worked out with the developer and residents before a park could be determined. Councilmember Sanger asked the developer about the timing of the construction. Richard Palmiter of Rottlund Companies explained the timing of the project and issues that were determining the phases of development. Jim Body, 1601 Blackstone Avenue South, was concerned about the widening of 16th Street for additional on street parking. Ms. Peterson stated that this project would be done by the City at the same time as the townhouse development. Councilmember Sanger was in support of the project, but believed the issues that the residents raised were valid with respect to traffic and driveway on Alabama. She agreed that there needs to be emergency access, but didn’t agree that having full access the way it was proposed now was necessary the only way to do it. She asked staff to consult with the traffic consultant with respect to the suggestion of one-way access into the development to check the feasibility and the approach for the soft post for another alternative. Mr. Harmening, Community Development Coordinator, stated that if the issue was traffic suggesting a one-way was a solution that long term wouldn’t mean anything because it would be disregarded. He stated that staff would ask the traffic consultant about the suggestions. Councilmember Young stated that the townhome residents were entitled to have access to their property and was not in favor of the one-way alternative. Councilmember Sanger suggested that if there was a way to leave the existing park in place until the new park was created this would be highly preferable. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt a resolution approving preliminary plat and preliminary Planned Unit Development for Pointe West Commons One and Two, subject to conditions in the resolution. The motion passed 7-0. 12 8f. Miscellaneous Zoning Ordinance amendments pertaining to extending the time limit for variance re-applications, enforcing officer, requiring permits for fences and parking lots, how private indoor entertainment w/liquor is permitted, relocating permits for signs from the Municipal Code to the Zoning Ordinance, and the deletion of the sign ordinance in the Municipal Code with retention in the Zoning Ordinance. Scott Moore, Assistant Zoning Administrator presented a staff report and recommended approval after corrections were made as recommended. Councilmember Sanger questioned if the site plan that was required for fence permit could be informal. Mr. Moore stated that the site plan would not have to be professionally designed, but just a basic site or sketch plan of the property and where and how the fence was going to be installed. It was moved by Councilmember Latz, seconded by Councilmember Nelson, to adopt the first reading of the proposed Zoning Ordinance amendments and set second reading for May 15, 2000. The motion passed 7-0. 8g. Creating a definition for a catering land use, establishing which zoning districts to permit a catering business, and determining a parking requirement for a catering operation Scott Moore, Assistant Zoning Administrator presented a staff report and recommended approval. Councilmember Sanger asked how a caterer would be differentiated from a personal chef. Mr. Moore stated that a personal chef use would not fall into the proposed catering definition. It was moved by Councilmember Nelson, seconded by Councilmember Young, to recommend adoption of first reading of the proposed Zoning Ordinance amendments and to set second reading for May 15, 2000. The motion passed 7-0. 8h. Second Reading of an ordinance authorizing the Sale of City Property Located at 3554 Louisiana Avenue to MSP SLP Apartments, LLC related to the construction of 200 apartment units on the Mill City site It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt the second reading of an ordinance that authorizes the sale of a City-owned property located at 3554 Louisiana Avenue to MSP SLP Apartments, LLC and to authorize the publication of summary ordinance. The motion passed 7-0. 8i. MSP Real Estate Development Contract Amendment 13 By consent, Council approved the First Amendment to contract for Private Redevelopment between the ST. Louis Park EDA, the City of ST. Louis Park and MSP SLP Apartments, LLC increasing the maximum amount of TIF to $3,531, 853 for the Mill City Apartment project. 8j. City of St. Louis Park’s Representation on the Board of Managers for Project for Pride in Living’s Louisiana Court Limited Liability Company By consent, Council adopted a Resolution designating Council Member Ron Latz as the City of St. Louis Park’s representative to the Board of Managers of Project for Pride in Living’s Louisiana Court Limited Liability Company. 8k. City Engineer’s Report: Entrance/identity signs at Park Place Boulevard and the South Frontage Road of I-394 - Project No. 98-16 By consent, Council adopted the resolution accepting this report, establishing Project No. 98-16, ordering Project No. 98-16, approving plans and specifications, and authorizing receipt of bids. 8l. Consideration of a resolution denying the applicant’s request for a height variance and granting a modified variance to permit an accessory building two feet from a side lot line with a maximum height of 16 feet instead of the permitted 12 feet for property located at 4312 Coolidge Avenue By consent, Council adopted a resolution denying the applicant’s request for a variance and granting a variance from section 14:5-4.1(c)(7)(d) and (f) of the ordinance code relating to zoning, to permit an accessory building located within two feet of a side lot line with a maximum height of 16 feet 0 inches instead of the permitted 12 feet for property located in the r-2, single family district at 4312 Coolidge Avenue. 9. Reports from Officers, Boards, Committees a. Human Rights Commission Minutes of March 15, 2000 b. Vendor Claim Report By consent, Council accepted all reports for filing. 10. Unfinished Business - None 11. New Business 11a. Authorization to replace dehumidification system in the west arena at the Rec Center By consent, Council approved replacement of the dehumidification system in the west arena at the Rec Center using 1999 General Obligation Bond proceeds. 11b. Metropolitan Livable Communities Act - Local Housing Incentive Account Grant Agreement 14 By consent, Council authorized execution of the Livable Communities Act Local Housing Incentive Account (LHIA) Grant Agreement by the Mayor and City Manager. 12. Miscellaneous Ted Mondale was present and indicated that Met Council accepted the City’s proposal of the Livable Communities Housing Incentive Fund. 13. Claims, Appropriations, Contract Payments - None 14. Communications >From the City Manager - None >From the Mayor - None 15. Adjournment It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adjourn the meeting at 9:29 p.m. The motion passed 7-0. City Clerk Mayor 15 Item # 4b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION April 24, 2000 The meeting convened at 7:17 p.m. Present at the meeting were Councilmembers Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Deputy City Manager (Clint Pires), Public Works Director (Mr. Rardin), Community Development Director (Mr. Harmening), Economic Development Coordinator (Mr. Kleve), Planner (Ms. Peterson), Housing Supervisor (Ms. Schnitker), Director of Parks and Recreation (Ms. Walsh), and City Clerk (Ms. Larsen). 1. Charter Commission The following members of the Charter Commission were present: Jim Schaefer, Paul Carver, Mike Sixel, Carol Walsh, Cindy Ahrens, Ruth and Norman Kirschner, Cheryl Ernst, Dorothea Moga, and Chair George Beck. Mr. Beck gave a brief review of their 1999 accomplishments, stating such activities as recommending and reviewing amendments to City Charter, ongoing review of legislation, and the election and recruitment of Charter Commission members. Mr. Beck stated that the Commission is currently reviewing the franchise policy. Other goals they would like to complete in 2000 are the continuation of their review of sections of the Charter affected by the City’s recodification project and determining what role the Civil Service Commissions have. The Commission continually spends time focusing on the recruitment of new members and also annually reviews pending legislation that may affect the Charter. Councilmember Sanger had concerns about redistricting. Councilmember Brimeyer felt that the Commission should look at deleting references to cable franchises and civil service commissions. Councilmember Latz inquired on the status of the recodification process. 2. Louisiana Court Bonds The Mayor call to order a public hearing to approve the sale of bonds for the Louisiana Court project at 7:45 p.m. Present were Council members Jim Brimeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jacobs. Mark Ruff of Ehlers and Associates and John Utley of Kennedy and Graven were both present at the meeting. 16 Ms. Schnitker updated the Council on what has happened since the last Council meeting. She stated that the uncertainty of MHFA has been resolved and formal approval will be granted on April 27, 2000. PPL has received bids from contractors; staff along with consultants will meet with PPL to review the bids and improvements that can be made within the budget. Mayor Jacobs opened the public hearing to consider a resolution authorizing the issuance and sale of general obligation bond series 2000A for the Louisiana Court project. The hearing was closed, with no one present wishing to speak. Councilmember Nelson felt that his concerns have been addressed and stated his intention to vote in favor of the resolution. Councilmember Santa made the motion to approve the resolution, seconded by Councilmember Latz. The motion passed 6-1 with Councilmember Young opposed. Jim Scibold, Director of PPL, thanked Council and staff for their participation and support in the project. It was motioned by Councilmember Santa, seconded by Councilmember Sanger to adjourn the meeting. 3. Art Funding Opportunities The study session reconvened. Ms. Walsh gave a brief background of the item and stated that Councilmember Brimeyer had previously asked staff to research funding options that other communities are using to fund arts in their community. The City of Chaska has developers fund the arts in the community; for projects involving TIF the actual project cost may be increased and for other projects the developer pays for the public art. The City of Fort Collins has initiated an “art in public places” policy. For each construction project the developer must contribute a certain percentage or retain an approved artist to participate in the construction. Fort Collins will also incorporate artistic value in all its construction projects and public places as well. The City of Minneapolis provides neighborhood grants of up to $2000 per project to the neighborhood associations. The City of Los Angeles has developed a trust fund that provides funding for cultural life that was established from the Transient Occupancy Tax. Developers would also have a choice of dedicating money, creating a cultural facility, or commissioning work on their site depending upon the size of the proposed development. Ms. Walsh stated that Council could also consider the option to have one percent of the project costs of new developments go towards funding for the arts. Mr. Meyer asked the Council for clarification on what they think the end result should be. Councilmember Brimeyer felt that a small percent of project development costs should go towards public art. Councilmember Santa asked Council if they felt that funding from the developers of project should go to that site or if the money should go into general fund. Councilmember Sanger stated that she had a broader desire to encompass other areas of community aesthetics such as architecture and landscaping. Mayor Jacobs was concerned with how the decision will be made on what type of art is selected; Councilmember Sanger replied 17 that the standards would have to be set and come from a community foundation. Mr. Meyer stated that staff will develop a package for future Council consideration and suggested that perhaps an architectural review board be assigned. 4. Excelsior Boulevard Corridor Mr. Harmening stated that the intent of this discussion is to select a traffic consultant for the Excelsior Boulevard corridor between France Ave and Highway 100. Council had previously directed staff to undergo steps for the selection of a consultant for the corridor. Staff has envisioned that the study be done in two phases. The first will be a scoping process and summary of existing studies. The scoping process will bring about the second phase in which issues will be determined for further study. Staff reviewed four proposals and selected BRW and SRF for interviews. On completion of those interviews, staff would recommend that SRF be chosen due to their previous experience in that specific area. However, staff is concerned that some residents may feel that the firm is too involved in the project and not able to objectively review the issues. Also SRF’s costs for the first phase are higher than any others. Mr. Harmening stated that BRW will also be able to do the study and would like Council direction regarding the selection of a consultant. Councilmember Nelson asked if BRW would also have credibility issues with the residents; Mr. Harmening replied that there were two different public processes proposed by the two firms. Councilmember Brimeyer felt that the first phase should be more narrow in scope to determine the existing conditions. Councilmembers Sanger and Young agreed. Mr. Meyer stated that perceptions of the public are only one factor to consider. Determining public perceptions is only a part of the baseline information that is needed. Mr. Harmening stated that phase two will not be complete if phase one does not identify everything that needs to be included. Council then discussed the scope of the project. Councilmember Sanger felt that a fresh look at the project needs to be taken. She suggested that the project be done in three phases: determine existing studies and needs, build on those studies and needs, and then incorporate it into a final result. Councilmember Sanger suggested that they select BRW as the consultant and the other Councilmembers agreed. Councilmember Latz stated that the credibility of sources needs to be a concern. Councilmember Young felt that they needed to be careful to get input citywide. 5. Sanitary Sewer Service Line Backwater Valves Mr. Rardin said that he was looking for feedback from the Council on this issue. He distributed a handout and indicated that he would like to discuss the following topics: system problems and remediation, cost of units, cause of problems, and setting priorities. Mayor Jacobs stated that public participation needs to be an element in the process and also suggested that an alarm be installed at the lift stations. Councilmember Sanger felt that the city should take preventive measures to show due diligence rather than pay an insurance settlement in the end. 18 Councilmember Santa felt that a grant program would give residents the option to participate. Mayor Jacobs asked the Council if they felt that such a program should be modeled after the Dutch Elm program. Councilmember Brimeyer felt that would be acceptable with adequate conditions. Council agreed to the staff recommendation to adopt a pilot program and install an alarm at lift station 19. Council agreed that there would be a $2,000 cap for the grant program with substantial participation on the part of the resident. The Board of Equalization reconvened at 9:15 p.m. and was adjourned at 10:00 p.m. Mayor Jacobs called the study session to order again at 10:00 p.m. 6. Traffic and access issues at Zarthan Ave. and W 16th St. Ms. Peterson reviewed the most recent site plan for the Council. Council questioned the configuration of in the intersection at Zarthan Ave and W 16th St. Councilmember Brimeyer asked for an explanation on the project from Charlene Zimmer, a traffic consultant with SRF,. She explained how land use dictates traffic flow and how road configuration can direct traffic to collector streets. Staff and Council discussed redirecting traffic to facilitate an east-west movement and possible future connection to other side of Park Place Blvd. They determined that cut through traffic in the neighborhood is currently minimal so redirection at the intersection has little or no effect on the neighborhood situation. Councilmember Nelson had concerns regarding costs. Mr. Harmening replied that the signal for the intersection would be paid by Costco. He said that another source of revenue would be the local contribution payment. Mr. Meyer asked when this would be implemented and suggested that they look at the cost of maintaining the signal. Councilmember Sanger questioned why two driveways were needed for entrance to the townhomes. Ms. Peterson replied that based on traffic counts they needed every vehicle access point. Mr. Lindstrom stated that the Fire department needed total access to the development and would not support limited access. Councilmember Young felt that the townhomes should be connected to the neighborhood. Councilmember Sanger suggested offsetting the entrances to the townhomes so they are not directly on Alabama and adding parking bays. Ms. Zimmer replied that offsetting the entrances may create accidents and may not be practical. However, she thought that the parking bays were a good idea. Councilmember Young felt that all the issues raised have already been dealt with. Mayor Jacobs stated that the Council should not try to design the intersection, but should let the traffic engineers be responsible for the design. 7. MSP Real Estate Update/Development Contract Amendment Request Mr. Kleve explained that changes that have taken place since the last discussion with Council. He reported that all bids received for general contractors were above the budget for MSP. MSP will try to fill the gap by cutting operating costs, adding equity to the project, and increasing rent. MSP has asked the City/EDA to increase the number of years of TIF assistance from seventeen 19 to twenty. This could be paid off sooner if values increase faster than two percent per year. Staff is reluctant to close on the property if there is a chance that the project will not move forward. Council felt that the changes were acceptable as proposed. Mr. Kleve informed the Council that grant funds from Met Council and DTED had been released to help fund the project. 8. Communications Mr. Meyer informed Council that the School District has reached an agreement with PACE. Council discussed the possibility of holding their regular meeting on July 5th and the feasibility of doing so. Mr. Meyer also reported that despite many rumors to the contrary, no project plans had yet been submitted to the city for additional construction in the Shelard Park area. 9. Adjournment The meeting was adjourned at 11:05 p.m. City Clerk Mayor 20 City of St. Louis Park City Council Agenda Item # 6a Meeting of May 15, 2000 6a. Public Hearing to Consider Currency Exchange License Application City Council Concurrence for State Currency Exchange License Application at 8132 Highway 7 (Knollwood Shopping Center) by Community Money Centers, Inc., dba “Money Centers” Recommended Action: Mayor to close the public hearing. Motion to notify the State of City approval. Background An application to operate a currency exchange business (check cashing service) at 8132 Highway 7 (Knollwood Shopping Center) has been submitted by Cary Geller of Community Money Centers, Inc. (dba “Money Centers”) to the MN Department of Commerce, Financial Examinations Division. The Commissioner may not approve the application without concurrence by the City of St. Louis Park. Minnesota Statute 53A.04 states: “Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision.” A memo to council on April 21, 2000 asked if any Councilmember wanted to begin a public hearing process to consider this application. The Clerk’s office received two requests from Councilmembers wishing to discuss the application at a public hearing. Notice of the meeting appeared in the Sun Sailor and the applicant, Cary Geller of “Money Centers” will be in attendance to answer council’s questions. Attachments: Correspondence to City from MN Dept of Commerce Application for Currency Exchange License Prepared by: Cynthia D. Larsen, City Clerk Approved by: Charles W. Meyer, City Manager 21 City of St. Louis Park City Council Agenda Item # 8a Meeting of May 15, 2000 8a. Firefighter Contract Changes for 1/1/00 – 12/31/00 A two year agreement for Firefighters was reached settling the City and Union for 1/1/00 through 12/31/01. Recommended Action: Motion to adopt the resolution approving a Labor Agreement between the City and International Association of Firefighters Local #993, establishing terms and conditions of employment for the duration of 1/1/00 – 12/31/01. Background: Negotiations, although lengthy, have been productive with our Firefighters Local #993. We have been in negotiations since September 1999 over contract language regarding our Firefighters contract, which expired on 12/31/99. You will notice that there are substantial changes to contract language. This has been worked on and slimmed down substantially as compared to original contract demands. Monetary adjustments were made to wages: 3% for 2000, consistent with other employee groups, and a 3% for 2001. Clothing allowance was increased $50 for 2000 and $25 for 2001. Insurance for 2000 was increased to $410 for families, consistent with our other employee groups, and setting $440/month as the Employer contribution for 2001. Overall, we believe this proposal is a good package for both union and management. A two-year agreement was reached settling us for 1/1/00 through 12/31/01. Listed below is a summary of contract changes with comments for the various areas. The proposed contract is on file with the City Clerk. More detail is available upon request. Summary of Contract Changes Duration: 2 year - 1/1/00 through 12/31/01. 1. Article II – Recognition: Remove Fire Captain. Comment: We no longer have the position of Fire Captain, language concerning Captain is removed. 2. Article III – Definitions Comment: Seniority changed to reflect service with Department not Employer. Typically, in other union contracts, seniority is based on service within a specific department. Due to this change, you will see other language clarification throughout this contract. 22 3.13 Seniority - replace existing language with: Seniority shall be defined as the full-time continuous service with the Fire Department. Seniority will also be maintained by service in grade. 3. Article XII – Vacation: Comment: To make sure the vacation language stays consistent with current practice of accrual based on years of service with the Employer, not based on years of service with the Fire Department, language clarifying this was added as follows: 12.1 add “with the employer” to clarify how vacation is accrued for both SHIFT and DAY employees – to read as follows: SHIFT EMPLOYEES, other than those assigned to special duties, shall earn vacation from the date of their employment with the Employer according to the following schedule: … DAY EMPLOYEES, shall earn vacation from the date of their employment with the Employer according to the following schedule: 4. Vacation Pick Comment: Many hours were spent in negotiation with regard to vacation pick language. Both management and union were looking to improve how selections were made. The major change is the guarantee of 2 vacation selections (previously only 1 was guaranteed). Secondly, supervisors pick is to be considered prior to unions vacation pick. Vacation pick dates were also moved earlier in the year from March to starting of pick in January. The changes in vacation pick will hopefully allow firefighters to take 2 shorter guaranteed vacations instead of one continuous vacation. We had noted a pattern of more firefighters taking 9 - 24 hour days in a row off, which was causing some scheduling concerns. Language was modified as follows: 12.7 Each EMPLOYEE shall be granted two (2) guaranteed vacation selections per year from the times provided as available from the EMPLOYER. Up to two (2) EMPLOYEES may select to be off at the same time, provided the time is available and both are on a first pick selection. At the conclusion of the first pick selections EMPLOYEES may make a second guaranteed vacation selection from the available times remaining at the conclusion of the first pick selections. No more than one EMPLOYEE shall select to be off on a second pick. Time for first vacation selection will be restricted or unavailable as a result of supervisors first vacation selection. Also, first and second vacation selections may also be restricted or unavailable due to unexpected or extraordinary circumstances. 23 Vacation Pick Schedule First Pick 2 most senior bargaining unit employees on shift January 15-22 next 2 most senior bargaining unit employees on shift January 23-30 next 2 most senior bargaining unit employees on shift January 31-February 6 Second Pick 2 most senior bargaining unit employees on shift February 7 - 14 next 2 most senior bargaining unit employees on shift February 15 - 22 next 2 most senior bargaining unit employees on shift February 23 – March 2 5. Day Employee accruals Comment: This language was modified increasing the Day Employee vacation leave balance from 1 ½ times to 2 times balance allowed. This change was helpful to management when changing Employees work from 24 hour shift to day schedule. 12.10 change from one and one-half to two times to read as follows: SHIFT EMPLOYEE transferring to Day Employee status will be allowed to transfer their vacation leave accrual. If the Day Employee has a vacation leave balance greater than the two times balance allowed, the Day Employee’s maximum vacation balance will become their current balance plus one-half years vacation earnings as a Day Employee. 6. Article XIII – Rest Periods and Holidays Comment: We are in the process of revising our Personnel Ordinance. Since contract language referred to an ordinance section that may not be numbered as such in the future, the reference to Personnel Ordinance Section 3-606 was removed and the appropriate language was added to the Firefighter contract as follows: …DAY EMPLOYEES shall receive twelve (12) eight hour paid holidays: New Years Day – January 1 Martin Luther King Day – Third Monday in January Presidents Day – Third Monday in February Memorial Day – last Monday in May Independence Day – July 4 Labor Day – First Monday in September Veteran’s Day – November 11 Thanksgiving Day – Fourth Thursday in November The Friday after the fourth Thursday in November Christmas Day – December 25 24 2 days (eight hours each day) floating holiday, must be taken in 8 hour block of time and provided when New Year’s Day, Independence Day, Veteran’s Day or Christmas Day occur on a Sunday, the following day shall be observed as a holiday; further provided when these specific holidays occur on a Saturday, the preceding day shall be observed as a holiday. 7. Article XIV – Sick Leave Comment: Due to change in Seniority language, we needed to add “with the employer” to clarify how sick leave is accrued to read as follows: For SHIFT EMPLOYEES, sick leave shall be accrued at the rate of one-half working day for each calendar month of full-time employment or major fraction thereof, with the EMPLOYER. For DAY EMPLOYEES, sick leave shall be accrued at the rate of one 8- hour working day for each calendar month of full-time employment or major fraction thereof, with the EMPLOYER. 8. Article XVI - Clothing Allowance Comment: Increase allowance from $400 per year to $450 per year effective 1/1/00, and $475 per year effective 1/1/01 based on needs and cost comparisons. 9. Article XVII - Insurance Comment: In 1999, the Employer contribution for Firefighters was $315 for Single and $400 for Family. The dollar contribution for Firefighters choosing family coverage was higher than any other non-supervisory group for the city last year and single was lower than any other group. Now, as we move to equalization, we negotiated phasing in equalization of benefits, consistent with our other employee groups. In order to phase in equalization of benefits, we moved the single contribution to $375/mo. and the Family to $410/mo. It is important to understand that out of 18 employees covered by this contract, only 2 employees have single coverage. With approval of this contract, this employee group will now have an Employers contribution consistent with benefit levels of other non-supervisory groups. The following non-supervisory groups are settled at $410/mo Employer contribution for 2000: Local 49 Maintenance, Police Dispatch and non-union non-supervisory. The only contract not settled for 2000 is Police Officer. This is the first non-supervisory group with a contract recommending 2001 insurance contribution. 17.1 Effective 1/1/00, the EMPLOYER shall contribute $375 per month (three hundred seventy five dollars) per employee for EMPLOYER provided group insurance programs in 2000. EMPLOYEES may select from a list of options offered by the EMPLOYER. EMPLOYEES selecting and receiving the EMPLOYER option of family, employee & spouse or employee & child(ren) medical coverage shall receive $410 per month (four hundred ten dollars) for EMPLOYER provided group insurance programs in 2000. 25 17.2 Effective 1/1/01, the EMPLOYER shall contribute $440 per month per employee for EMPLOYER provided group insurance programs in 2001. EMPLOYEES may select a list of options offered by the EMPLOYER. 10. Article XXIII – Shift Exchange Comment: Language changes to this section were proposed by the union to allow for more flexibility in Lieutenants schedules. This language was negotiated to allow shift exchange with no additional pay as follows: 23.1 Upon approval of the FIRE CHIEF or his/her designated representative, EMPLOYEES may exchange shifts in grade with other members if the exchange does not interfere with the operations of the Fire Department. Any exchange slip signed by both parties must be submitted and approved by the FIRE CHIEF or his/her designated representative, prior to the actual exchange of shifts. 23.2 Lieutenants may exchange shifts with Firefighters who have been authorized by the FIRE CHIEF or his/her designated representative, if the exchange does not interfere with the operations of the Fire Department. No Working Out of Classification pay will be paid employees, who as a result of this trade, are required to perform the work duties and accept full responsibilities of the higher classification. Lieutenants who work for firefighters shall perform duties and responsibilities of a Lieutenant. 23.3 The maximum hours of outstanding trades cannot exceed 240 hours, unless authorized by the FIRE CHIEF or his/her designated representative. No funds, gifts or gratuities shall be used or accepted by any party in agreement to exchange shifts. 11. Article XXVII – Longevity Comment: 3 % increase is added to the dollar amount for longevity for 2000 and 2001. Fore new hires, longevity is based on service with the Department (past language is based on years of service with the City): EMPLOYEES hired after 1/1/00: Longevity is based on full-time continuous service with the Fire Department. Increase Longevity supplementary pay 3% each year as follows: 1/1/00 After 5 years… $89.43 per month 1/1/01 After 5 years… $92.12 per month 1/1/00 After 10 years… $121.06 per month 1/1/01 After 10 years… $124.69 per month 1/1/00 After 15 years $153.78 per month 1/1/01 After 15 years $158.40 per month 26 1/1/00 After 20 years $185.40 per month 1/1/01 After 20 years. $190.96 per month 12. Article IV – Employer Authority: Comment: slight modification of language to read as follows: 11.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment, to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 13. Article XXVI – Wages Comment: 3% wage increase for 2000, consistent with other groups settled. 3% also for 2001, consistent with various settlements in our market. Remove Fire Captain from wage schedule. Increase wages 3% for Firefighter and Fire Lieutenant 1/1/00 Increase wages 3% for Firefighter and Fire Lieutenant 1/1/01 14. Also change wage progression as follows: Employees hired after 1/1/00 will have the following steps A=hire, B=6months, C=12months, D=24 months, E=36 months Comment: This changes wage progression for new hires, who will now reach the top of the wage scale at 36 months rather than 48 months in our current contract. 14b. Along with the change in wage progression for new hires, Article VIII will also state for employees hired after 1/1/00 the regular annual work requirement for SHIFT EMPLOYEES, other than EMPLOYEES assigned to special duties, shall be one hundred twenty two (122) twenty-four (24) hour day per year…. Comment: This language adds one more day to the work schedule for new hires (currently the work schedule is 121 days). This is no additional pay for the increase in one additional day of work. 15. Article XXX Shift bid Comment: This language helps clarify Lieutenant bidding is based on time in grade not on department seniority. This also allows management more flexibility in transfer. 30.6 change the language to read as follows: Lieutenants shall bid first based on time in grade. Following the bid of the last Lieutenant, the Fire Chief shall assign Firefighters with less than eighteen (18) months of continuous full-time employment with the department as of November 1st; to be followed by the remaining Firefighters based on seniority. 30.8 Employees have the right to bid for position(s) as day employees provided such assignments are available at the time of the employees turn to bid. These positions may be assigned to those employees with less than eighteen (18) months as specified in Section 30.1 of this article. 27 30.9 Employees bidding or assigned to day employee status may be transferred and returned no more than twice within the bid cycle. Day employees transferred more than once will be guaranteed their second (2nd) vacation selection in the event their transfer occurs during their second (2nd) vacation selection time frame. 16. Article XXXI – Layoff and recall Comment: This additional language allows the Chief, during layoff of sworn personnel, to replace a non-sworn position. Modify to add: “before any new sworn employee(s)… Recommendation: It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and International Association of Firefighters Local #993, establishing terms and conditions of employment for the duration of 1/1/00 – 12/31/01. Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Manager Approved by: Charles W. Meyer, City Manager 28 RESOLUTION NO. RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #993 JANUARY 1, 2000 –DECEMBER 31, 2001 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; now therefore, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract # between the City of St. Louis Park and International Association of Firefighters Local #993 effective January 1, 2000 – December 31, 2001. Reviewed for Administration: Adopted by the City Council May 15, 2000 City Manager Mayor Attest: City Clerk 29 City of St. Louis Park City Council Agenda Item # 8b Meeting of May 15, 2000 8b. Request by Project for Pride in Living for Final Planned Unit Development approval and an Amendment to the approved Preliminary PUD for certain Louisiana Court apartments Case No. 00-18-PUD and 00-19-VAR 2704-2768 Louisiana Court and 2740-2750 Louisiana Avenue Recommended Action: Motion to adopt a resolution approving a Final PUD and an Amendment to the approved Preliminary PUD for Louisiana Court apartments, subject to conditions in the resolution. Zoning: RC, Multi-Family Residential Comprehensive Plan Designation: RH, High Density Residential Up to 50 units per acre Background: Project for Pride in Living, PPL, is requesting final PUD approval for building renovations and exterior site improvements for 14 of the 16 buildings within the Louisiana Court apartment complex. An amendment to the approved preliminary PUD is also being requested for a small office building that is proposed to be constructed adjacent to one of the existing apartment buildings. There are some minor changes proposed to the parking plan as well. On April 17, 2000, the City Council approved a preliminary PUD, including ordinance modifications and variances for the Louisiana Court project, on a vote of 6-1. There was some discussion regarding some Councilmembers’ preference to further reduce the amount of parking provided on site. The Council also expressed an interest in having greater amounts of plantings along the Louisiana Court street frontage to compensate for the reduced building and parking lot setbacks that were approved as part of the preliminary PUD. In addition, there was some interest in exploring whether the two remaining Louisiana Court buildings could be brought into the PUD at a later date, for example if the properties changed ownership. On May 3, 2000, the Planning Commission considered the requests and recommended approval 5-0. Draft unapproved minutes of that meeting are attached to the staff report. Issues: • Are the conditions met for final PUD consideration? • What plan changes are proposed to the approved preliminary PUD plans? • Are the final PUD plans consistent with zoning ordinance requirements, including the PUD ordinance? • Can the additional properties in Louisiana Court be incorporated into the PUD? 30 Issues Analysis: Are the conditions met for final PUD consideration? The conditions of preliminary PUD approvals include the following condition: “Prior to final PUD consideration, applicant shall submit complete final PUD application materials. The applicant shall also include a detailed plan of the proposed alternative to curbing where curbing is impossible due to drainage concerns. Final PUD plans shall include a plan detailing proposed site features and proposed changes to building entrances.” Final PUD application materials: Final PUD application materials have been submitted as required and are discussed below. Alternative curbing plan: As part of the preliminary PUD approvals, the applicant was permitted to propose an alternative to the standard 6-inch concrete curb and gutter in areas where typical curbing would create drainage problems. These areas are primarily along building entrances where the parking lots are not proposed to be substantially changed. PPL’s alternative plan proposes permanent concrete curbing with cuts in the curbing to allow water to drain towards the parking lot. Near building entrances, the cuts would also be placed to allow easier pedestrian movement between the parking lots and buildings and sidewalks. The drainage problem is proposed to be solved by having the curbing step down again on the other side of the parking lot. The attached revised grading and drainage plan shows the locations of the alternative curbing. Public Works has reviewed the plan and finds it acceptable from a drainage perspective. Staff believes that the alternative curbing plan is acceptable because it accommodates the drainage needs of this site while remaining as close as possible in quality, appearance and durability to standard curbing. Site Features and Changes to Building Entrances: Detailed landscape plans and building elevations have been submitted and are reviewed below. What plan changes are proposed to the approved preliminary PUD plans? Detached office building: An office building was approved at the time of preliminary PUD as a building addition to the south side of the 2722 apartment building. Due to challenges in meeting Building Code requirements, PPL is now proposing that the approximately 400 square foot office building be a separate structure located five feet to the south of the apartment building and eight feet from the front property line. An ordinance modification is required for reduced distance between buildings and reduced front yard setback. As an aside, reduced distance between buildings was approved as a variance for two other locations in Louisiana Court with the Preliminary PUD. Staff has since realized that reduced distance between buildings is an allowable ordinance modification through PUD. This does not affect the already approved variances, because the variance is a stricter standard than ordinance modifications. The ordinance modifications are discussed further below. Parking lot changes: The site plan that was approved as part of the preliminary PUD has been modified to change the location of six parking stalls. The six stalls are proposed to be removed 31 from the parking lots south of Louisiana Court to allow for enlarged ponding areas between the street and the parking lots. The same number of stalls are proposed to be added to the lots east of Louisiana Court by removing the landscaped bump-out islands in front of several building entrances. No change in the number of parking stalls are proposed. The change also allows some cost savings in constructing the east parking lots. Staff believes that the proposed changes are acceptable, because it appears that there would still be adequate parking for the apartments south of Louisiana Court in the lots and on street. Also, while they are a pleasing feature, the landscaped bump-outs are not as necessary in the east parking lots because ample green space is provided between the lots and buildings (unlike the lots farther west, where buildings are close to parking lots and bumpouts are retained to provide additional green space). Some City Council members had recommended trying to further reduce the amount of parking provided on site. Currently, 175 on-site parking stalls are provided for 163 apartment units, plus 10 proof of parking stalls and 51 on-street parking stalls on Louisiana Court. While PPL’s own research shows that this ratio is ample, they are reluctant to further reduce parking or convert more to proof of parking, because of the cost of converting proof of parking in the future. Staff concurs with PPL’s desire to maintain the existing level of parking on the basis that the on-site parking is already substantially reduced and the amount of green space well exceeds ordinance requirements. Are the final PUD plans consistent with Zoning Ordinance requirements, including the PUD ordinance? Architectural standards: The building entrances to most buildings are proposed to be enhanced by adding canopy type structures, glass doors and/or other details. The goal is to achieve a cost effective method of enhancing the building appearances and providing greater building detail without making substantial exterior changes. No other changes are proposed to the building exteriors except for the proposed new office structure and a building addition to the 2717 building. Both the office building and the building addition are proposed to be stucco. The office building is proposed to have a standing seam metal roof, and the building addition is proposed to have brick accents to match the rest of that building. The rest of the existing buildings on the site are composed primarily of stucco and brick, and meet the City’s exterior materials and architectural standards requirements. Landscape Plans: Landscaped bufferyards are required to provide screening between adjacent uses as follows: A landscaped Bufferyard D is required along the north property line, and a Bufferyard B is required along the east, west and south property lines. A small amount of landscaping is required along the Louisiana Court street. In addition, as mentioned, one City Council member suggested that it would be desirable to increase the amount of plantings along Louisiana Court street frontage. The applicant has submitted detailed landscape plans which meet or exceed these requirements, including a high level of plantings along the Louisiana Court street frontage. There are also additional plantings which exceed ordinance requirements along Louisiana Avenue and along 28th Street. Additional trees are proposed to be planted internal to the site. 32 PUD Requirements: Higher standard of building and site design: Staff believes that a higher standard of building and site design is achieved through open space and landscaping in excess of code requirements; superior improvements to pedestrian connections; improved access to transit; and exterior materials which exceed code requirements. While the existing architectural design and layout of the apartment buildings is not ideal or superior, staff believes the targeted building improvements and substantial greening of the project area still result in a higher overall standard. Proposed ordinance modifications: As mentioned, the applicant is seeking additional ordinance modifications for five foot distance between two buildings and eight foot front yard setback from Louisiana Court for a detached office building. The office building is to be used as a property management building, and PPL’s desire is to establish a prominent on-site property management presence, which will encourage respect for property and neighbors in the complex. The proposed location is also prescribed by the existing conditions on the site, and opportunities for locating the office building elsewhere are limited. Staff concurs with the applicant that the ordinance modifications are appropriate and that they will not detract from this or other properties. Other PUD requirements: Other PUD requirements were reviewed with the preliminary PUD and are not affected with the proposed plan changes and final PUD submittals. Can the additional property in Louisiana Court be incorporated into the PUD? Staff and the City attorney explored this question. As the two buildings not included in the PUD are under different ownership and that owner has not chosen to be included in the PUD, there appears to be no way to require that they be part of the PUD at this time, or to require that they meet PUD standards. If PPL or Perspectives were to acquire the property at a later date, they could choose to bring the two buildings into the PUD through a PUD amendment. Recommendation: Staff recommends adoption of the attached Resolution approving the final PUD and an amendment to the approved preliminary PUD, subject to conditions in the resolution. Attachments: • Proposed Resolution • Draft unapproved excerpts of May 3, 2000 Planning Commission meeting minutes • Official Exhibits Prepared by: Sacha Peterson, Planner 33 RESOLUTION NO._____________ A RESOLUTION APPROVING AN AMENDMENT TO THE APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT AND A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED RC MULTI- FAMILY RESIDENTIAL LOCATED AT 2704-2768 LOUISIANA COURT AND 2740-2750 LOUISIANA AVENUE WHEREAS, the City Council approved the Preliminary PUD on April 17, 2000, Resolution No. 00-042; and WHEREAS, an application for an amendment to the approved Preliminary PUD for a detached office building and approval of a Final Planned Unit Development (PUD) was received from the applicant on April 21, 2000, and WHEREAS, the Planning Commission reviewed the amendment to the approved Preliminary PUD and the Final PUD at the meeting of May 3, 2000, and WHEREAS, the Planning Commission recommended approval of the amendment to the approved Preliminary PUD and the Final PUD on a 5-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Project for Pride in Living, Inc. has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the RC, Multi- Family Residential District located at 2704-2768 Louisiana Court and 2740-2750 Lousiana Avenue for the legal description as follows, to-wit: Lots 1-14, Block 1, Louisiana Court (Torrens and Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 00-18-PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 34 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case File 00-18-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The amendment to the approved Preliminary PUD and the Final PUD at the location described are approved based on the findings set forth above and subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the Official Exhibits. B. Final PUD approval and development is contingent upon the developer meeting all conditions of final PUD approval and sale of 2704-2742 and 2754 Louisiana Court and 2740- 2750 Louisiana Avenue to Project for Pride in Living. C. Prior to any site work, the developer shall meet the following requirements: 1. Obtain administrative lot split to relocate lot lines so that building expansion at 2717 Louisiana Court and office building at 2727 Louisiana Court do not encroach on lot lines. Building setbacks shall be sufficient to meet Building Code requirements. 2. A copy of the Watershed District permit shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and official exhibits. D. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. Building materials samples to be submitted to and approved by City. E. The following ordinance modifications and variances are approved based upon the findings included in the staff report and variance resolution subject to final PUD approval: 1. 236 parking stalls including 51 on-street parking on Louisiana Court. 2. Reduced front building setbacks of 20 feet for apartment buildings and 8 feet for office building as noted on approved site plan. 3. Reduced rear yard building setbacks to as little as 19.5 feet as noted on approved site plan. 4. Reduced front yard parking setbacks to as little as 15.5 feet as shown on approved site plan. 5. Reduced building to curb setback of as little as 4.15 feet as shown on approved site plan. 6. Reduced distance between buildings to 19.7 feet for apartment buildings and 5 feet for office building as shown on approved site plan. 7. Reduced drive aisle width for double parking rows to 59.5 feet. 35 8. Reduced drive aisle width for single parking rows to 18.23 feet, with the condition that paved turnaround areas be installed at the ends of the two parking lots in the northwest corner of the site. F. A development agreement shall be executed between the developer and the City and/or financial securities be provided to the City which covers at a minimum, sidewalk construction and maintenance, repair and cleaning of public streets, and plan changes that may be administratively approved. The development agreement shall also cite the approved ordinance modifications and variances. G. If parking should become a problem in the future, as determined by the Zoning Administrator, the Zoning Administrator may require proof of parking to be converted to parking spaces. Reviewed for Administration: Adopted by the City Council May 15, 2000 City Manager Mayor Attest: City Clerk 00-18-final/N/es/ord 36 UNAPPROVED PLANNING COMMISSION MINUTES Excerpts Planing Commission Minutes May 3, 2000 B. Other New Business i. Case No. 00-18-PUD -- Request by Project for Pride in Living for an Amendment to the approved Preliminary PUD and Final PUD approval for Louisiana Court apartment complex Ms. Peterson, Planner, presented a staff report and recommended approval of the final PUD and approval of an amendment to the approved preliminary PUD, subject to the conditions outlined in the staff report. Chair Carver asked what the problem was with the office building being integrated into the existing apartment building. Ms. Peterson stated that it would have been much more challenging and expensive to meet Building Code requirements. Chair Carver asked if the proposed ordinance modifications would apply only to the office building. Ms. Peterson stated that is correct. Chair Carver noted the Council’s comments regarding parking and asked if the amount of parking was reduced. Ms. Peterson stated that it has not, and that staff concurs with the applicant that the amount of parking that was approved as part of the preliminary PUD is sufficiently reduced. To reduce it further would increase the likelihood that the proof of parking would have to be converted in the future, which would not be cost effective. Ms. Velick moved to recommend approval of Final PUD and an amendment to the approved Preliminary PUD for Louisiana Court apartments, subject to conditions as recommended by staff. The motion passed 5-0 with Carver, Gothberg, Morris, Timian and Velick voting in favor. 37 City of St. Louis Park City Council Agenda Item # 8c Meeting of May 15, 2000 8c City Engineer’s Report: Proposed Improvements to Reduce Traffic Congestion and Accidents on Louisiana Avenue between the Burlington Northern Railroad Bridge and Minnetonka Boulevard. Project No. 00-13 This report considers the implementation of traffic management alternatives to reduce traffic congestion and accidents on Louisiana Avenue. Recommended Action: Motion to adopt the attached resolution approving Alternate No. 2, accepting this report, establishing Project No. 00-13, ordering Project No. 00-13, approving plans and specifications, and authorizing receipt of bids. Background: At its May 8, 2000 Study Session staff reviewed several alternatives for reducing traffic congestion on Louisiana Avenue between the Burlington Northern Railroad Bridge and Minnetonka Boulevard. Staff and the City’s Consultant presented information on turning movement counts at the W. 27th and W. 28th Street intersections, parking counts taken between April 19th and May 1st, and options which could be implemented with each alternative. The City council directed staff to return with a final report recommending Alternative No. 2. Recommendation: It is recommended the City Council adopt the attached resolution approving Alternative No. 2 which provides for a three (3) lane section from just south of W. 28th Street to W. 27th Street. This alternative, combined with traffic signal interconnect and traffic signal improvements for left turn movements will provide for an increased level of service and greater potential for accident reduction. Alternative No. 2 will reduce on-street parking on the west side of Louisiana Avenue. It would eliminate all nine (9) spaces in the 2700 block and eight (8) in the 2800 block for a total of seventeen (17) lost parking spaces. The estimated cost of Alternative No. 2 is $65,000. Funding for this project would come from the City’s General Obligation Bonds for public improvements. Attachments: WSB Report Alternative No. 2 Resolution Prepared by: Carlton Moore/Michael P. Rardin, Public Works Approved by: Charles W. Meyer, City Manager 38 RESOLUTION NO. 00-066 RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 00-13 ORDERING IMPROVEMENT PROJECT NO. 00-13, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT NO. 00-13 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to proposed improvements to reduce traffic congestion and accidents on Louisiana Avenue between the Burlington Northern Railroad bridge and Minnetonka Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the improvements to reduce traffic congestion and accidents on Louisiana Avenue between the Burlington Northern Railroad Bridge and Minnetonka Boulevard Project No. 00-13 is hereby accepted. 2. The proposed project, designated as Project No. 00-13 is hereby established. 3. Project No. 00-13 is hereby ordered. 4. The plans and specifications for the making of the improvement as prepared under the direction of the Director of Public Works are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said approved plans and specifications. The advertisement shall appear not less than twenty one (21) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 6. The bids shall be tabulated by the Director of Public Works who shall report his tabulation and recommendation to the City Council. Reviewed for Administration: Adopted by the City Council March 6, 2000 City Manager Mayor Attest: City Clerk 39 City of St. Louis Park City Council Agenda Item # 8d Meeting of May 15, 2000 8d. City Engineer’s Report: Storm Water Flood Area No. 11 – Improvements at Nelson Park – Project No. 00-06; Flood Area No. 12 – Improvements at 2916 Maryland Avenue South – Project No. 00-02; Flood Area No. 17 – Improvements in alley behind 3363 Zarthan Avenue, Project No. 00-04. This report considers public improvements in Nelson Park to address the public portion of the storm water in Flood Area No. 11; public improvements at the City- owned lot at 2916 Maryland Ave. South in Flood Area No. 12; and public improvements in alley behind 3363 Zarthan Avenue, Flood Area No. 17. Recommended Action: Motion to adopt the attached resolution accepting this report, establishing Project No.’s 00-06, 00-02, and 00-04, ordering Project No.’s 00-06, 00-02, and 00-04, approving plans and specifications, and authorizing receipt of bids. Background: These projects are a result of the study of 22 Flood Problem Areas in St. Louis Park and are included in the 2000 Capital Improvement Program. The study identified the flooding issues of each area, corrective alternatives to consider, cost estimates and a recommendation on alternatives to be implemented. City Staff and its consultant, WSB & Associates, developed the proposed construction plans and specifications for these areas based upon the recommended alternative and input from affected residents. Discussion: Nelson Park - Flood Area No. 11 – Project No. 00-06 The proposed project addresses the “Public” storm water only. Staff and WSB will work with the property owners to develop corrective measures that can be undertaken by the private property owners on their property if they so desire. The proposed project follows the Study Recommendation and provides for the excavation of a temporary holding pond in Nelson Park (see attached plan). The pond would temporarily store stormwater to provide flood protection for the private properties abutting Nelson Park to the South. A small pump in a manhole will discharge the water in the pond to the existing City storm sewer pipe which crosses through Nelson Park. The holding pond would be pumped dry within a day or two depending on the rain event. The pond would have maximum side slopes of 3:1 which are easily maintained by City forces. City Staff has met with the representatives of the gardens in Nelson Park and believes an understanding has been reached as to the construction impacts, removal and restoration of the gardens. Part of this understanding includes the construction of a retaining wall along the 40 North side of the pond to reduce the impact/removal of a number of garden plots. The additional cost of this retaining wall adds approximately $10,000 to the overall project cost. The estimated total project cost for Project No. 00-06 is $104,000. (See attached plan) 2916 Maryland Avenue - Flood Area No. 12 – Project No. 00-02 The proposed project addresses the “public” storm water only. Additional corrective measures on private property can be undertaken by the private property owners, if they so desire. The exception to this is the driveway entrances at 2920 and 2924 Maryland Avenue which will need to be reconstructed from the back of the curb a distance of approximately 20 feet. This will allow for the reconstruction of the catch basin in their driveway gutterline and raising the driveways to provide additional protection from stormwater flowing from the street and down their driveways to the rear yards. Staff has discussed the issue of a temporary construction easement with the two property owners and they were supportive of the project and willing to grant the easements. The proposed plan also calls for the reconstruction of two additional catch basins in Maryland Avenue, replacing them with higher velocity catch basins. The stormwater storage pond to the rear of the city lot is proposed to capture the 100-year event via overland flow from Maryland Avenue. A pump system will drain the pond within a day or two depending on the rain event. Discharge from the pump will be into the storm sewer system in Maryland Avenue. The pond will have 3:1 side slopes which are easily maintained by City forces. The estimated total Project cost for Project No. 00-02 is $105,000. Low Point in alley behind 3363 Zarthan Avenue – Flood Area No. 17 – Project No. 00-04 This project proposed to reconstruct the existing catch basins with higher capacity catch basins and pave the area around the batch basins to provide better protection and stability for the structures. This project will capture the “public” water in accordance with the City Council’s Storm Water Policy. There are two property owners whose homes are flooded during the 100- year storm event. One property owner has completed flood proofing of his home. The second property owner has met with staff and chosen not to pursue flood proofing at this time. The estimated total cost for Project No. 00-04 is $13,000. Financial Considerations: It is proposed that these projects be funded entirely by the Storm Water Utility Fund. No special assessments or other funding sources are proposed to be used for this project. A summary of the project costs and revenue sources is as follows: 41 Proj. # 00-06 Proj. #00-02 Proj. #00-04 Flood Flood Flood Project Costs Area #11 Area #12 Area #17 Construction $ 82,000 $ 82,000 $ 10,000 Contingency (15%) $ 11,000 $ 12,000 $ 1,500 Sub-Total $ 93,000 $ 94,000 $ 11,500 Engineering/Admin. (12%) $ 11,000 $ 11,000 $ 1,500 TOTAL $104,000 $105,000 $ 13,000 Revenue Sources Storm Water Utility Fund $104,000 $105,000 $ 13,000 GRAND TOTAL $222,000 Proposed Improvement Timetable: Should the City Council approve the City Engineer’s Report, it is anticipated these projects would be bid in one contract in May/June, awarded in June, and constructed in June/July. Feasibility: The projects, as proposed herein, are necessary, cost effective, and feasible under the conditions noted and at the costs estimated. Attachments: Resolution Plans Prepared by: Carlton B. Moore, Superintendent of Engineering Reviewed by: Michael Rardin, Public Works Director Approved by: Charles W. Meyer, City Manager 42 RESOLUTION NO. __________ RESOLUTION ACCEPTING THE CITY ENGINEER’S REPORT, ESTABLISHING PROJECT NO.’s 00-06, 00-02, 00-04 ORDERING PROJECT NO.’s 00-06, 00-02, 00-04 APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING RECEIPT OF BIDS WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to Storm Water Flood Area No. 11 - Improvements at Nelson Park – Project No. 00-06; Flood Area No. 12 – Improvements at 2916 Maryland Avenue South – Project No. 00-02; Flood Area No. 17 – Improvements in alley behind 3363 Zarthan Avenue, Project No. 00-04. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City Engineer’s Report regarding the Storm Water Flood Area No. 11 - Improvements at Nelson Park – Project No. 00-06; Flood Area No. 12 – Improvements at 2916 Maryland Avenue South – Project No. 00-02; Flood Area No. 17 – Improvements in alley behind 3363 Zarthan Avenue, Project No. 00-04 be approved. 2. The proposed projects, designated as Project No.’s 00-06, 00-02, 00-04 is hereby established. 3. Project No.’s 00-06, 00-02, 00-04 is hereby ordered. 4. The plans and specifications for the making of the improvement as prepared under the direction of the Director of Public Works are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said approved plans and specifications. The advertisement shall appear not less than twenty one (21) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 6. The bids shall be tabulated by the Director of Public Works who shall report his tabulation and recommendation to the City Council. Attest: Adopted by the City Council May 15, 2000 43 City Clerk Mayor Reviewed for Administration: City Manager 44 City of St. Louis Park City Council Agenda Item # 8e* Meeting of May 15, 2000 *8e. Resolution Adopting a Sanitary Sewer Service Line Backwater Valve Pilot Program This action would establish a pilot program in which the City would participate in the cost to furnish and install backwater valves in sanitary sewer service lines at ten (10) identified properties. Recommended Action: Motion to adopt the attached resolution approving the “Sanitary Sewer Service Line Backwater Valve Pilot Program”. Background: On February 19 this year, the City suffered malfunctions at sanitary sewer lift station No. 19 (3036 Glenhurst Avenue). As a result of these malfunctions, a total of nine (9) residences located along Inglewood Avenue, Joppa Avenue, Minnetonka Boulevard, and Sunset Boulevard experienced sanitary sewer backups with varying degrees of damages from a few dollars of cleanup to upwards of $30,000. Some or most of these properties have also experienced sewer backups in 1987 and again in 1997, as well as at other earlier unrecorded times. As a result of these multiple sewer backups, the residents requested the City make sewer system improvements or provide service line backwater valves to prevent sewer backups at these properties. The City Council reviewed this request and possible options at their April 10 and April 24 Study Sessions. Based on these Study Session discussions, staff has developed a “Sanitary Sewer Service Line Backwater Valve Pilot Program” for Council adoption. In addition to the Pilot Program, the Sewer Utility is planning to add a second independent alarm system to lift station No. 19 this year. This additional alarm will ensure us the necessary warning so we can respond to a lift station malfunction in a timely manner which should prevent residential backups associated with failure of this lift station. Proposed Pilot Program Summary: The proposed pilot program is attached. Below is a brief summary of the program: The City will participate in the costs associated with furnishing and installing backwater valves on service lines at the ten (10) identified locations. Participation is limited to 75% of the valve purchase and basic installation costs, up to a maximum amount of $2,000 per residence. Personal property costs beyond the basic installation costs are the responsibility of the property owner. Future valve replacement costs will be the responsibility of the property owner. Property owners must apply for City assistance under this program and will be required to provide a waiver of liability for damages associated with future backups. Property owners will not be 45 required to obtain sewer backup insurance coverage nor provide valve maintenance as recommended by the valve manufacture; however, it will be recommended they do so. Recommendation: If all ten (10) identified (eligible) property owners utilize this program, total City cost is limited to a maximum of $20,000. A second alarm system for this lift station is estimated to cost about $8,000. Funding for this is available in the Sanitary Sewer Utility Fund. Staff recommends Council adopt the attached resolution approving the “Sanitary Sewer Service Line Backwater Valve Pilot Program”. This program will go into effect immediately if adopted by Council. Attachments: Resolution Sanitary Sewer Service Line Backwater Valve Pilot Program Prepared by: Scott Merkley/Mike Rardin, Public Works Approved by: Charles W. Meyer, City Manager 46 RESOLUTION NO. 00-068 RESOLUTION ADOPTING SANITARY SEWER SERVICE LINE BACKWATER VALVE PILOT PROGRAM WHEREAS, the City has an established sanitary sewer service operated as a public utility pursuant to Minnesota Statutes; and WHEREAS, the City has identified ten (10) properties subject to past multiple sanitary sewer backups; and WHEREAS, sewer system improvements are possible but costly; and WHEREAS, it appears to be more timely and cost effective to assist identified residents (properties) with the funding of backwater valves on their service lines in lieu of larger system improvements; and WHEREAS, the “Sanitary Sewer Service Line Backwater Valve Pilot Program” establishes a pilot program to assist identified residents (properties) with the purchase and installation of backwater valves on their service lines; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City adopts the “Sanitary Sewer Service Line Backwater Valve Pilot Program” dated May 15, 2000. Reviewed for Administration: Adopted by the City Council May 15, 2000 City Manager Mayor Attest: City Clerk 47 THE CITY OF ST. LOUIS PARK SANITARY SEWER SERVICE LINE BACKWATER VALVE PILOT PROGRAM 48 TABLE OF CONTENTS I. GENERAL………………………………………………………………………….1 II. ELIGIBLE APPLICANTS………………………………………………………… 1 III. ELIGIBLE IMPROVEMENTS……………………………………………………. 1 IV. PROGRAM and APPLICANT REQUIREMENTS (RESPONSIBILITIES)………2 V. PROGRAM PROCEDURE……………………………………………………….. 2 Exhibit A Identified Properties………………………………………………………………...3 Exhibit B…………………………………………………………………………………… 4 Administrative Procedure Exhibits C through J Attached By Reference (Information, Application, Estimate, Agreement Forms, etc) 49 CITY OF ST. LOUIS PARK SANITARY SEWER SERVICE LINE BACKWATER VALVE PILOT PROGRAM This program has been designed to assist identified property owners within the City of St. Louis Park that have been subject to recurrent sanitary sewer backups due to system related problems. This document sets forth the guidelines for the administration of the Sanitary Sewer Service Line Backwater Valve Pilot Program hereafter known as the “Program”. I. GENERAL A. The City of St. Louis Park, hereinafter known as the “City”, will provide grants to identified St. Louis Park property owners to cover costs associated with the purchase and basic installation of service line backwater valves. Property owners will be responsible for any personal property costs associated with the installation of the valves. B. Grants will be limited to 75% of the actual purchase and basic installation costs of approved backwater valves up to a maximum amount of $2,000 per property (residence). Personal property costs (flooring, paneling, bookcases, etc.) are the responsibility of the property owner and will not be paid for by the City or used for grant determination purposes. C. The City has defined a “basic installation” to mean the work required to remove concrete flooring, install the valve and associated apparatus, and to restore the concrete flooring. D. The Program will become effective immediately upon City Council approval of the Program and will be funded by the Sanitary Sewer Utility. E. The City will not participate in future valve maintenance or replacement costs. F. The Director of Public Works shall administer the Program. II. ELIGIBLE APPLICANTS A. Eligible applicants are owners of property identified in the Pilot Program Properties list (Exhibit A). III. ELIGIBLE IMPROVEMENTS A. Improvements are limited to installation of sanitary sewer service line backwater valves as approved by the Director of Public Works and Inspections or designee(s) and may include but are not limited to any of the following valve types or brands/models. 1. Flapper Valve 2. Floating Ball Valve. 50 3. Gate Valve. 4. Peterson Valve Company, Model PV-4300 IV. PROGRAM AND APPLICANT REQUIREMENTS 1. Applicants are required to complete an application form and cost estimate. 2. Applicants will be required to provide a waiver of liability to the City for future claims due to sewer backup damages. 3. It is recommended that applicants obtain or maintain sewer backup insurance coverage. 4. It is recommended that applicants provide manufacturer recommended valve maintenance. V. PROGRAM PROCEDURE A. Funding is available throughout the year. Applications will be accepted anytime throughout the year. B. Process program requests as outlined in Exhibit B. 51 Exhibit A Pilot Program Properties Station Address / Property Impacted Events Estimated Damages Priority #19 - 3036 Glenhurst Ave S 2915 Inglewood Ave S 2/00 $1,300 1 2955 Joppa Ave S 2/00 $500 1 4008 Minnetonka Blvd 2/00 minimal 1 4120 Sunset Blvd 2/00 ? 1 4123 Sunset Blvd 7/87 2/00 87-$35,000 00-$20,000 1 4200 Sunset Blvd 7/87 7/97 2/00 87-$25,000 97- ? 00-$5,000 1 4201 Sunset Blvd 7/87 7/97 2/00 87-? 7/97-? 2/00-$25,000 1 4210 Sunset Blvd 2/00 ? 1 4220 Sunset Blvd 2/00 2/00-$25,000 1 Sewer Line 3217 Sumter Ave S Multiple Unknown 1 Notes: - Properties determined by City Council during Study Session of April 24, 2000 52 Exhibit B Public Works Administrative Process Procedure/Task 1. Make preliminary determination of eligibility based on Exhibit A. 2. City mail program information letter, application, and cost estimate form (Exhibits C, D, and E) to residents who express an interest in the program. 3. City conducts site inspection. 4. City reviews program rules and procedures with property owner (explain exhibits and review owner responsibilities). Review proposed backwater valve options with owner; instruct the owner to obtain quotes for the work and to provide final application to Public Works. 5. City contacts owner regarding grant application; sends owner an approval letter (Exhibit F) requesting owner to return the signed and completed Owner/City Agreement (Exhibit G), to receive final grant approval. Provide owner Completion of Work Certificate (Exhibit A) to request grant proceeds upon completion of work. 6. City receives Owner/City Agreement (Exhibit G). 7. City receives Completion of Work Certificate (Exhibit H) upon completion of work. 8. City conducts final inspection 9. City sends completion letter (Exhibit I) to owner with grant payment. 53 City of St. Louis Park City Council Agenda Item # 8f* Meeting of May 15, 2000 *8f. Request by MSP Real Estate, Inc. for a Minor Amendment to the approved Planned Unit Development for Mill City Apartments for changes to approved Building Elevations Case Nos. 00-35-PUD and 00-37-S 7301 Walker Street Recommended Action: Motion to adopt a resolution approving a Minor Amendment to the approved Planned Unit Development for Mill City Apartments, subject to conditions in the resolution. Zoning: RC High Density Residential District Comprehensive Plan Designation: RH Residential up to 50 units per acre Background: The Final PUD and Final Plat for Mill City Apartments was approved by the City Council on April 3, 2000. The developer is requesting a minor PUD amendment for changes to the approved building elevations. The elevations that were approved by the Council were submitted in error, and are different from the elevation drawings staff and the developer had agreed to bring to the City Council for approval. The approved elevations show stucco in some areas on upper stories where cement siding was intended. Please see the attached drawings for a comparison. Issues • Are the proposed changes to the building elevations consistent with the Planning Commission’s and staff’s recommendations? • Do the proposed building elevations meet all code requirements? Issues Analysis Are the proposed changes to the building elevations consistent with the Planning Commission’s and staff’s recommendations? Planning Commission recommendation: At the time of Final PUD consideration by the Planning Commission on March 1, 2000, the developer had not finalized the building elevations. But, he was proposing to reduce the percentage of Class I materials on some facades from 70-80%, to closer to the ordinance minimum of 60%. Staff recommended approval of the proposed final 54 PUD, provided that the developer continue to work with staff to ensure that the elevations met the PUD standards of compatibility with adjacent structures and higher overall standard of building and site design, and met Livable Communities goals. The Planning Commission concurred, with the exception of one member, and voted to recommend approval on a vote of 6- 1. Staff recommendation: Prior to City Council consideration of the final PUD, staff met with the developer to review proposed changes to the building elevations, including adding more brick and ground level interest to street facing elevations, and reviewing reduced Class I materials. Staff felt that the elevation drawings presented at this meeting, which were consistent with the changed elevations the developer is proposing currently, were acceptable and indicated that staff would recommend approval with one change. The developer agreed to the change, which was to add more brick to the Walker Street elevations. Do the proposed building elevations meet all Code requirements? Architectural standards: The proposed building elevations meet the minimum Class I exterior materials requirements of the City Code and other architectural standards in the ordinance. PUD standards: Staff believes that the proposed building elevations continue to be consistent with PUD standards and Livable Communities goals. Staff concurs with the applicant that the reduction in Class I materials does not detract from the overall quality of the project and the final drawings show a well balanced and well proportioned building design. The increased brick on exterior facades is retained, including around the Walker Street entrances, which maintains compatibility with the adjacent apartments, and provides an acceptable level of quality and architectural interest from the street and pedestrian level. Recommendation: Staff recommends adoption of the attached resolution approving a minor PUD amendment for Mill City Apartments, subject to conditions in the resolution. Attachments: • Proposed resolution • Building elevations approved on April 3, 2000 • Proposed building elevations Prepared by: Sacha Peterson, Planner Approved by: Charles W. Meyer, City Manager 55 RESOLUTION NO.00-069 Amends Resolution No. 00-036 A RESOLUTION AMENDING RESOLUTION 00-036 ADOPTED ON MARCH 20, 2000 APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING AND FOR PROPERTY ZONED R-C HIGH DENSITY RESIDENTIAL LOCATED AT 7301 WALKER STREET AND FINAL PLAT – MILL CITY ADDITION WHEREAS, the City Council approved the Preliminary PUD and Preliminary Plat for Mill City Addition on February 7, 2000, Resolution No. 00-010, and WHEREAS, an application for approval of a Final Planned Unit Development (PUD) and Final Plat for Mill City Addition was received on February 22, 2000 from the applicant, and WHEREAS, the Planning Commission reviewed the Final PUD and Final Plat for Mill City Addition at the meeting of March 1, 2000, and WHEREAS, the Planning Commission recommended approval of the Final PUD and Final plat for Mill City Addition on a 6-1 vote with six members present voting in the affirmative, and WHEREAS, the City Council approved the Final PUD and Final Plat for Mill City Addition on April 3, 2000, Resolution 00-036; and WHEREAS, an application for a minor amendment to the approved Final PUD to revise approved building elevations was received on May 10, 2000 from the applicant, WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. MSP Real Estate has made application to the City Council for a Planned Unit Development under Section 14:6-7 of the St. Louis Park Ordinance Code within the R-C High Density Residential district located at 7301 Walker Street: 56 and MSP Real Estate, owners and subdividers of the land proposed to be platted as Mill City Addition has submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; for the legal description as follows, to-wit: see Attached Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case Nos. 99-35-PUD and 99-37-S) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case Files 99-35-PUD and 99-37-S are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Final Planned Unit Development and Plat for Mill City Addition at the location described are approved based on the findings set forth above and subject to the following conditions: A. The site shall be developed, used and maintained in conformance with Official Exhibits A through G, Exhibit G building elevations to be revised to show brick to the bottom of the third row of windows rather than cement siding on either side of the building entrances on Walker Street. B. Final plat and PUD approval and development is contingent upon sale of certain City land to developer and meeting all conditions of final approval. C. Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Submit to the City a copy of owner’s policy of title insurance which insures the City’s interest in the plat, in an amount to be determined by the City. 57 2. A development agreement shall be executed between the developer and the City/EDA which covers at a minimum, allowable plan modifications, sidewalk construction and maintenance, tree replacement, installation of a traffic signal at the intersection of Louisiana and Walker Street and creation of a left turn lane on Louisiana Avenue, and repair and cleaning of public streets. The development agreement shall also cite the approved parking modification. 3. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, sidewalk installation, and repair/cleaning of public streets. 4. Submit a copy of unrecorded trail easement document to City for review. 5. Reimbursement of City attorney’s fees in drafting/reviewing such documents. D. 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. E. Prior to or simultaneously with recording of the final plat, the trail easement shall be recorded. F. Prior to any site work, the developer shall meet the following requirements: 1. A drainage permit shall be obtained from MNDOT. 2. A copy of the Watershed District permit shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign assent form and official exhibits. 5. Meet all conditions for the City signing the final plat. G. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Meet any Fire Department emergency access requirements for during construction. 2. The subdivider shall furnish the City with evidence of recording of the final plat and trail easement. 3. Submit and have approved lighting plans, signage plans, and building materials samples. H. A PUD ordinance modification to allow 316 parking stalls rather than the required 346 stalls is approved as part of the final PUD. I. A six foot concrete sidewalk along the south side of Walker Street is to be installed and maintained by the developer per the approved site plan, unless the City chooses to maintain the sidewalk. A ten-foot bituminous trail is to be installed on Louisiana Avenue by the developer and maintained by the City per the approved preliminary plat. 58 J. The developer shall provide the 1,798 inches of replacement trees on site or a combination of on-site trees and cash in lieu of trees. The Community Development Director and Parks and Recreation Director shall approve the cash equivalent amount. K. The 20 required guest parking spaces shall be reserved via signage or other means approved by the Zoning Administrator. If evidence, such as parking on public streets, drive aisles or fire lanes, indicates that additional guest spaces are needed, the Zoning Administrator may require conversion of proof of parking and/or designation of additional on-site guest parking. L. The Final PUD shall be amended on May 15, 2000 to incorporate all of the preceding conditions and add the following conditions: 1. Official Exhibit G, building elevations, shall be further modified to replace stucco with cement siding in certain areas as approved by the City Council. Pursuant to Section 14:6-7.5(F) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. Reviewed for Administration: Adopted by the City Council May 20, 2000 City Manager Mayor Attest: City Clerk 99-35-AMEND1/N/RES/ORD 59 City of St. Louis Park City Council Agenda Item # 8g* Meeting of May 15, 2000 *8g. Miscellaneous Zoning Ordinance amendments pertaining to extending the time limit for variance re-applications, enforcing officer, requiring permits for fences and parking lots, how private indoor entertainment w/liquor is permitted, relocating permits for signs, and the deletion of the sign ordinance in the Municipal Code with retention in the Zoning Ordinance. Recommended Action: Motion to adopt the proposed Zoning Ordinance amendments, approve summary, and authorize publication. Previous Action: The City Council unanimously approved first reading of the proposed amendments at their May 1, 2000 meeting. There was no discussion on the proposed amendments. At the March 22, 2000 Planning Commission meeting, the Commission unanimously recommended approval of most the proposed ordinance amendments on a vote of 6-0, with the exception of requiring a permit prior to the installation of a fence. This was the second meeting where the Planning Commission heard the proposed amendments. At the first meeting on February 16, 2000, the Planning Commission requested that staff bring the amendments back to them with the actual proposed language. When the proposed language was presented to the Planning Commission, there were some Commissioners who still had concerns pertaining to requiring a permit for the installation of a fence. Staff explained to the Planning Commission the rational behind requiring a permit in order to reduce after the fact enforcement of the code and to ensure that the public is well informed of the new code changes as they relate to fences. After some discussion, the Planning Commission recommended that staff bring the ordinance proposal back to another Planning Commission meeting. At the April 5, 2000 Planning Commission meeting, the Commission again heard the proposed ordinance amendment related to requiring a permit for a fence. The Planning Commission voted 4-0 to forward this amendment onto the Council with no recommendation. Background: At the January 24, 2000 City Council Study Session, staff discussed several potential ordinance amendments with the Council. At their direction staff originally proposed ordinance amendments to increase the amount of time an applicant must wait prior to reapplying for the same variance and to require a permit to be issued prior to the installation of a fence or a parking lot, and to change the height requirement for fences in certain side yards. At a recent City Council meeting, the Council had raised the question as to how an applicant was able to reapply for the same variance six months after either the BOZA or City Council had denied it. They felt that six months was too short of a time frame and it should either be eliminated or increased. In addition, staff felt that this issue could have been avoided if some sort of simple permit were 60 issued to the home owner or fence installer. Likewise, it was thought that a permit should be issued prior to the installation of a parking lot. This would avoid having to enforce the code after-the-fact. A Councilmember also raised the point that a different height requirement for front yards and side yards abutting a street creates an inconsistency. During the Planning Commission hearing on February 16, 2000, the Planning Commission questioned a change to the fence height requirement for side yard, since it would be difficult to enjoy the privacy in the back yard of corner lots and difficult to screen possessions. The Council reconsidered the fence height issue at their March 13, 2000 Study Session and decided to rescind the proposed ordinance amendment. Staff is initiating the two other amendments pertaining to the enforcing officer and allowing private indoor entertainment without liquor as a use permitted with conditions and require private indoor entertainment with liquor to obtain a Conditional Use Permit. In October of 1999 the Assistant Zoning Administrator position and responsibilities transferred from the Inspections Department to the Community Development Department. Staff is proposing amending the enforcing officer in the code to reflect the transfer. Staff is also proposing the change to private indoor entertainment with liquor for consistency with how other uses with liquor are treated. This was discussed previously, but has not yet been adopted. In addition, staff is proposing relocating the section of the Municipal Code requiring a permit for a sign to the Zoning Ordinance, and then deleting most of the sign section in the Municipal Code. Sign standards would be retained in the Zoning Ordinance. Issues: • Extending the time limit for reapplying for the same variance. • Changing the Enforcing Officer of the Zoning Ordinance. • Requiring a permit prior to the installation of a fence. • Requiring a permit prior to the construction of a parking lot. • Amending how the Private Indoor Entertainment land use is permitted. • Relocating parts of the sign ordinance from the Municipal Code into the Zoning Ordinance. • Deleting most of the sign section of the Municipal Code. Analysis of Issues: Extending the time limit for reapplying for the same variance. As mentioned above, at a recent City Council meeting, the question was raised as to how an applicant was able to reapply for the same variance that previously had already been denied. Section 14:8-3.1(L) of the Zoning Ordinance states: 61 “… Any person who is denied a variance by the BOZA or whose appeal is denied by the City Council may not reapply for the same variance within six (6) months from the denial date.” This currently allows for an applicant to reapply for the same variance request every six (6) months. This has happened twice in the past five years. In the two instances, the requests were denied both times. The City Attorney believes that an amendment prohibiting a person from reapplying for the same variance could legally be challenged under the theory of a past council binding a future council. It was his opinion that a time frame be established allowing a person to reapply for the same variance. Staff would propose an ordinance amendment that would not allow a person to reapply for the same variance within twenty-four (24) months of the denial date, (rather than six months), unless the physical conditions of the land changed. An example of this would be the lot being divided or combined with other land, or a partial taking of the property. This would then change the conditions that were looked upon at the previous variance hearing, and could result in a different outcome. However, it should be noted that if the need for a variance is created by the action of the property owner, findings for approving the variance cannot be satisfied. This would not prevent a new property owner from applying for the same variance. Since the applicant (property owner) would be different, staff believes that the request would have to be heard again. Therefore, staff proposes the following language: Section 14:8-3.1(L) – [General Provisions for Application and Review Process] “…Any person who is denied a variance by the BOZA or whose appeal is denied by the City Council may not reapply for the same variance within six (6) twenty-four (24) months from the denial date unless the physical conditions of the property or land in question have changed. A change in the physical conditions would include but is not limited to a division or combination of the land or a taking of part of the land for public purpose.” Changing the Enforcing Officer of the Zoning Ordinance. Currently, the Zoning Ordinance appoints the Director of Inspections as Zoning Administrator. The reorganizing of the Community Development Department and Inspections Department moved the Assistant Zoning Administrator’s position and responsibilities from Inspections to Community Development. Staff believes that the ordinance should be amended to reflect this change since zoning is no longer a position within the Inspections Department. Therefore, staff proposes the following language: Section 14:8-7.2 – [Enforcing Officer] 62 “The Director of Inspections Planning and Zoning Supervisor is appointed the Zoning Administrator who shall enforce this Ordinance under the direction and control of the Community Development Director and City Manager. Requiring a permit prior to the installation of a fence. Staff has recently determined that with the new requirements under the Zoning Ordinance for fences, and the past history, it would be beneficial if the City were to issue some type of permit prior to a fence being installed. This would allow the city the opportunity to explain the rules and regulations to the homeowner or fence installer. The rules and regulations would then be given to the applicant, and a statement signed indicating they have received and understood the information. In the event a fence is not constructed in compliance with the Zoning Ordinance, we would then have this signed statement indicating that the information was received and understood. Staff would also recommend that the statement would include language stating that the home owner agrees that it is still their responsibility to ensure the fence is installed completely on their property. This would prevent the need for an inspection to verify the location of the fence. There would be some staff impact in advertising and implementing the new policy, but staff believes it would be beneficial in avoiding some after the fact enforcement issues. It would also help prevent homeowners from having to make after the fact corrections which can be costly. Staff discussed potential fees with the Council on March 13, 2000, and staff recommended a $15.00 fee which is somewhat lower than the average cost of processing the permit and the low end of what other cities charge. The proposed fee is part of a separate report. Staff is proposing that within the fence section of the ordinance, a new sub-section be created entitled General Provisions. Under this new sub-section, we would state that a permit is required prior to the installation of a fence, and give the minimum requirements that are needed in order for the City to review the application. This may include a working drawing showing how the fence will look after completion and the height and location of the proposed fence. Therefore, staff proposes the following language to Section 14:4-4: A. General Provisions 1. Permit Required – A permit shall be required prior to the installation of any fence. 2. Submission Requirements – The following information shall be submitted prior to a fence permit being issued: a. Application form and fee. b. Site plan indicating location of fence. c. Fence design indicating height and style of fence. 63 Requiring a permit prior to the construction of a parking lot. Like the fences, parking lots have also become noticed as an area which may need more review prior to their construction. There are many issues with parking lots that if not addressed immediately, could be costly to the property owner. These would include perimeter and internal curbing, tree replacement, landscaping (internal and perimeter), stall width and length, drive aisle width, setbacks, and lighting. In addition to these city requirements, there may also be additional requirements for the watershed districts pertaining to storm water quality and quantity. Staff would propose that within the general provisions of the parking section of the code, the existing language be modified to state that a permit is required prior to the construction of a parking lot, unless the parking lot has been reviewed and approved as part of another application. Again, the language would indicate the minimum requirements which would need to be submitted prior to the city issuing a parking lot permit. This may include two sets of construction drawings showing the parking lot and how it will comply with all the requirements stated in the design and maintenance section of the parking ordinance. As well, we would have to have adequate documentation submitted to determine compliance with other regulating agencies. In most cases, an inspection would need to be completed to determine compliance. Again, staff would propose that the fees for the new parking lot permit be incorporated and set by resolution and adopted by the City Council. The parking lot fee is expected to be higher than that for fences since an inspection would likely be required. The fees were discussed with the City Council on March 13, 2000 and staff recommended a $75.00 fee for parking lot permits that are not included in other applications. Within the General Provision section of the parking ordinance, staff would propose the following changes and language to Section 14:6-1.2(B): 2. Permit Required – A parking lot permit shall be issued prior to the installation or reconstruction of a parking lot, unless the parking lot design has been reviewed and approved as part of another application. 3. Submission Requirements – The following information shall be submitted prior to a parking lot permit being issued: a. Application form and fee b. Certified survey showing location of any existing and proposed buildings and parking areas. c. Design plans of the parking lot indicating: i. Stall length ii. Stall width iii. Drive aisle width 64 iv. Curbing v. Surfacing vi. Lighting vii. Grading and drainage viii. Utilities ix. Landscaping d. Required storm water calculations The existing 2 through 15 will be re-numbered as 4 through 17. Amending how the Private Indoor Entertainment land use is permitted. Currently, the private indoor entertainment land use is permitted with conditions in the C-1, C-2, and O Districts, and requires a PUD in the MX District. The current ordinance allows a bar as an accessory use to the private indoor entertainment land use in only the C-2, O, and MX Districts. Staff believes that the private indoor entertainment land use should be viewed similarly to a restaurant or club or lodge. It should be broken into two classifications, one with liquor, and one without liquor. The private indoor entertainment without liquor would remain as a use permitted with conditions in the C-1, C-2 and O Districts, and require a PUD in the MX District. The private indoor entertainment with liquor would not be permitted in the C-1 District, would require a Conditional Use Permit in the C-2 and O District, and would require a PUD in the MX District. This would be consistent with the current regulations for restaurants and clubs and lodges with and without liquor in the Zoning Ordinance. For the private indoor entertainment without liquor, the conditions for approval would not be changed. They would remain the exact way as they exist in the current code. However, for the new private indoor entertainment with liquor, new conditions of approval would have to be adopted. Staff would recommend that these conditions be identical to the conditions of approval for a restaurant or club or lodge with liquor in the same zoning district. Staff proposes the following ordinance amendment to the “C-1” District: Section 14:5-5.2(C)(16) – [Uses Permitted with Conditions] “16. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE.” Staff proposes the following ordinance amendments to the “C-2” District: Section 14:5-5.3(C)(17) - [Uses Permitted with Conditions] “17. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE.” 65 Section 14:5-5.3(D)(9) - [Uses Permitted by Conditional Use Permit] 9. PRIVATE ENTERTAINMENT (INDOOR) WITH LIQUOR LICENSE. a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting 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 14:5-5.3(F)(5) – [Accessory Uses] 5. Bar if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. The existing 6 through 8 will be re-numbered as 5 through 7 Staff proposes the following ordinance amendments to the “O” District: Section 14:5-6.2(C)(14) - [Uses Permitted with Conditions] 14. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE.” Section 14:5-6.2(D)(7) - [Uses Permitted by Conditional Use Permit] 7. Uses where more than one principal building is located on a single lot. PRIVATE ENTERTAINMENT (INDOOR) WITH LQUOR LICENSE. a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting 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. 66 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 14:5-6.2(F)(3) – [Accessory Uses] 3. BAR if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. The existing 4 through 6 will be re-numbered as 3 through 5. Relocating parts of the sign ordinance from the Municipal Code into the Zoning Ordinance. With the recodification of the city’s Municipal Code, sections which are redundant will be deleted and incorporated into one section. This is the case with the city’s sign ordinance. It is listed once in the Municipal Code, and again in the Zoning Ordinance. The purpose of this amendment is to adopt certain sections of the Municipal Code into the Zoning Ordinance in order to ensure that permits are still obtained prior to a sign’s installation. Staff would propose that within the general provisions of the sign section of the code, a requirement stating that a permit shall be issued prior to a sign being installed be adopted. As well, this amendment would also indicate what would need to be submitted by an applicant in order for city staff to determine if a sign will be in compliance with the remainder of the code. Within the General Provision section of the sign ordinance, staff would propose the following changes and language to Section 14:6-2.6: A. Permit Required – A sign permit shall be issued prior to the installation of any sign. B. Submission Requirements – The following information shall be submitted prior to a sign permit being issued: 1. Application form and fee 2. Site plan and building elevations (if applicable) 3. Two sets of drawings for each sign that is proposed. The existing A through R will be re-lettered C through T Deleting most of the sign section of the Municipal Code. 67 With the relocation of the permitting requirements from the Municipal Code into the Zoning Ordinance, there is no need to have those requirements duplicated. Likewise, since the fees will be adopted by resolution, that section of the code can also be eliminated. There are other sections of the code that are duplicated within the Zoning Ordinance that should also be deleted. However, there are a couple of sections pertaining to licensing and billboard inspections which will have to be retained until the recodification of the Municipal Code is completed. Staff is proposing that the majority of the Sign Section be deleted out of the Municipal Code. This would include Section 13-701; 13-702; 13-704 through 13-708; and 13-710 through 13-724. Sections 13-703 and 13-709 will be retained as is within the Municipal Code as they deal with licensing and billboard inspections respectively. Attachments: Proposed Ordinance Summary Ordinance Prepared by: Scott Moore, Assistant Zoning Administrator, 924-2592 Approved by: Charles W. Meyer, City Manager 68 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:4-4, 14:5-5.2(C), 14:5-5.3(C) 14:5-5.3(D), 14:5-5.3(F), 14:5-6.2(C), 14:5-6.2(D), 14:5-6.2(F), 14:6-1.2(B),14:6-2.6, 14:8-3.1(L), 14-8-7.2 AND DELETING MUNICIPAL CODE SECTIONS 13-701, 13-702, 13-704 THROUGH 13-708 AND 13-710 THROUGH 13-724 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. 00-08-ZA) Sec. 2. The St. Louis Park Ordinance Code, Section 14:4-4, 14:5-5.2(C), 14:5-5.3(C), 14:5-5.3(D), 14:5-5.3(F), 14:5-6.2(C), 14:5-6.2(D), 14:5-6.2(F), 14:6-1.2(B),14:6-2.6, 14:8- 3.1(L), 14-8-7.2 are hereby amended to read as follows: Section 14:4-4: A. General Provisions 1. Permit Required – A permit shall be required prior to the installation of any fence. 2. Submission Requirements – The following information shall be submitted prior to a fence permit being issued: a. Application form and fee. b. Site plan indicating location of fence. c. Fence design indicating height and style of fence. Section 14:5-5.2(C)(16) – [Uses Permitted with Conditions] 16. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE. Section 14:5-5.3(C)(17) - [Uses Permitted with Conditions] 17. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE. Section 14:5-5.3(D)(9) - [Uses Permitted by Conditional Use Permit] 69 9. PRIVATE ENTERTAINMENT (INDOOR) WITH LQUOR LICENSE. a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting 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 14:5-5.3(F)(5) – [Accessory Uses] 5. Bar if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. The existing 6 through 8 will be re-numbered as 5 through 7 Section 14:5-6.2(C)(14) - [Uses Permitted with Conditions] 14. PRIVATE ENTERTAINMENT (INDOOR) WITHOUT LIQUOR LICENSE Section 14:5-6.2(D)(7) - [Uses Permitted by Conditional Use Permit] 7. Uses where more than one principal building is located on a single lot. PRIVATE ENTERTAINMENT (INDOOR) WITH LQUOR LICENSE. a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting 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 14:5-6.2(F)(3) – [Accessory Uses] 70 3. BAR if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. The existing 4 through 6 will be re-numbered as 3 through 5. Section 14:6-1.2(B): 2. Permit Required – A parking lot permit shall be issued prior to the installation or reconstruction of a parking lot, unless the parking lot design has been reviewed and approved as part of another application. 3. Submission Requirements – The following information shall be submitted prior to a parking lot permit being issued: a. Application form and fee b. Certified survey showing location of any existing and proposed buildings and parking areas. c. Design plans of the parking lot indicating: i. Stall length ii. Stall width iii. Drive aisle width iv. Curbing v. Surfacing vi. Lighting vii. Grading and drainage viii. Utilities ix. Landscaping d. Required storm water calculations The existing 2 through 15 will be re-numbered as 4 through 17. Section 14:6-2.6: A. Permit Required – A sign permit shall be issued prior to the installation of any sign. B. Submission Requirements – The following information shall be submitted prior to a sign permit being issued: 1. Application form and fee 71 2. Site plan and building elevations (if applicable) 3. Two sets of drawings for each sign that is proposed. The existing A through R will be re-lettered C through T Section 14:8-3.1(L) – [General Provisions for Application and Review Process] …Any person who is denied a variance by the BOZA or whose appeal is denied by the City Council may not reapply for the same variance within six (6) twenty-four (24) months from the denial date unless the physical conditions of the property or land in question have changed. A change in the physical conditions would include but is not limited to a division or combination of the land or a taking of part of the land for public purpose. Section 14:8-7.2 – [Enforcing Officer] The Director of Inspections Planning and Zoning Supervisor is appointed the Zoning Administrator who shall enforce this Ordinance under the direction and control of the Community Development Director and City Manager. Sec. 3. The St. Louis Park Municipal Code, Sections 13-701, 13-702, 13-704 through 13-708, and 13-710 through 13-724 are hereby deleted in their entirety. Sections 13-703 and 13-709 shall be retained and renumbered to 13-701 and 13-702 respectively. Sec. 4. The contents of Planning Case File 00-08-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.5. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council May 15, 2000 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 00-08-ZA/N/res/ord 72 SUMMARY ORDINANCE NO._____________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:4-4, 14:5-5.2(C), 14:5-5.3(C) 14:5-5.3(D), 14:5-5.3(F), 14:5-6.2(C), 14:5-6.2(D), 14:5-6.2(F), 14:6-1.2(B),14:6-2.6, 14:8-3.1(L), 14-8-7.2 AND DELETING MUNICIPAL CODE SECTIONS 13-701, 13-702, 13-704 THROUGH 13-708 AND 13-710 THROUGH 13-724 This ordinance approves miscellaneous amendments to the Zoning Ordinance pertaining to extending the time limit for variance re-applications, enforcing officer, requiring permits for fences and parking lots, how private indoor entertainment w/liquor is permitted, relocating permits for signs from the Municipal Code to the Zoning Ordinance, and the deletion of the sign ordinance in the Municipal Code with retention in the Zoning Ordinance. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 15, 2000 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: May 24, 2000 00-08-sum/N/res/ord 73 City of St. Louis Park City Council Agenda Item # 8h* Meeting of May 15, 2000 *8h. Creating a definition for a catering land use, establishing which zoning districts to permit a catering business, and determining a parking requirement for a catering operation. Recommended Action: Motion to adopt the proposed Zoning Ordinance amendments, approve the summary, and authorize publication. Previous Action: The City Council unanimously approved first reading of the proposed amendments at their May 1, 2000 meeting. There was some discussion on the amendments limited to whether the proposed new land use definition would also include home chefs. Staff had indicated that the proposed amendments would not include this type of home occupation. At the March 22, 2000 Planning Commission meeting, the Commission recommended approval of the proposed ordinance amendments pertaining to catering. This was the second meeting where the Planning Commission heard the proposed amendments. At the first meeting on February 16, 2000, the Planning Commission requested that staff bring the amendments back to them with the actual proposed language. When the proposed language was presented to the Planning Commission, there were some Commissioners who had concerns as to where this type of business can or should be located. Some of the Commissioners thought that a straight catering operation should also be permitted as a principal land use in the General Commercial (C-2) District. Staff explained to the Planning Commission the rational behind permitting a catering operation as an accessory land use versus a principal one in the C-2 District. This included limited public contact and the large amount of truck traffic for deliveries. After some discussion, the Planning Commission, on a vote of 4-1, recommended approval of the proposed ordinance amendments. Background: During the past couple of months, the city has had numerous questions regarding where and how a catering facility could be located and operated within the City. The current Zoning Ordinance does not separately list or define a catering land use. A determination was needed in order to establish where and how this type of land use would be permitted. After review, staff determined that a manufacturing or processing facility was the closest related land use to a catering operation. The factors in this determination were truck traffic, noise, odor, and refuse handling as well as the overall definition of the production of a physical commodity or changing the form of a raw ingredient. Another consideration was the fact that catering businesses do not usually involve direct customer contact at the place of business, unless it is accessory to another use (e.g. food service, restaurant, bakery etc.). 74 Since more of these businesses are starting up or relocating within the City, staff believes that the land use should have a separate definition, separate standards for where and how it should be operated, and separate parking requirements. Staff also believes that the food service definition should be clarified to better distinguish it from catering. Issues: • How to define a catering business? • What districts should a catering business be located in and how should they be permitted? • What should the parking requirements be for a catering operation? • How to better define food service to distinguish it from a catering business? Analysis of Issues: How to define a catering business? As mentioned above, currently, a catering business has been defined as a manufacturing and processing facility. Even though some of the characteristics and the principal definition are similar, staff believes that a catering business should be examined more closely and be separate from the manufacturing use. Staff would propose the following language for a catering land use definition: “Catering – An operation where food is either fully or partially prepared on site and delivered to the customer off site for final preparation and consumption. Characteristics include truck traffic, refuse storage issues, limited on-site public contact, and possible odors from materials and processing.” What districts should a catering business be located in and how should they be permitted? In determining where a catering business should be located, staff considered that the operation is often affiliated with a restaurant business since the cooking facilities are already provided and is most closely defined as a manufacturing business as previously explained. Staff reviewed all the districts where these two land uses are permitted and concluded that in the commercial areas, including the Mixed Use District, a catering operation should be permitted as an accessory use, and in the Industrial areas, a catering business should be permitted as a principal land use. Therefore in the C-1, C-2, and M-X Use Districts, staff is recommending that a catering business only be permitted as an accessory use to a restaurant, food service delicatessen, grocery store, or retail bakery. This would preserve the commercial districts for mainly customer-oriented businesses but allow for some catering to occur in conjunction with commercial uses. In the I-P District, a catering operation would be permitted with conditions as a principal land use. These conditions would be similar to the ones listed for a manufacturing facility in the same district. In 75 the I-G District, a catering business would be a permitted use as a principal land use. This is consistent with the manufacturing land use in this district. Therefore, staff would propose the following ordinance amendments to the following Sections of the Zoning Ordinance. Section 14:5-5.2(E) – [Accessory Use in the C-1, Neighborhood Commercial District] 6. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. Section 14:5-5.3(F) - [Accessory Use in the C-2, General Commercial District] 9. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. Section 14:5-7.2(C) – [Uses permitted with conditions in the I-P, Industrial Park District] 10. Catering Conditions: a. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any property in an “R” Use District and where possible shall be located on the side of the building farthest from an “R” Use District. b. The facility shall provide a Bufferyard “F” along all abutting property in the “R”, “O”, or “C-1” Use Districts. c. The applicant must sign a statement acknowledging and agreeing to abide with all of the applicable performance standards and other regulations of this Ordinance. Section 14:5-7.3(B) – [Uses permitted in the I-G, General Industrial District] 14. Catering Section 14:5-8(E) – [Accessory uses in the M-X, Mixed Use District] 10. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. 76 What should the parking requirements be for a catering operation? Since public interaction is limited with a catering operation, staff does not believe that the parking requirement for this type of business should be as high as a restaurant or retail facility. Staff would propose that a catering operation have to provide one parking stall for every 500 square feet of floor area. This is similar to the parking requirements for a manufacturing facility. Staff believes that this will provide adequate parking for employees and any potential customers. The catering parking would be in addition to the requirement for the principal use except if space were shared. Therefore, staff would propose the following ordinance amendment: Section 14:6-1.3(A) 28. Catering. One (1) parking stall for each five hundred (500) square feet of floor area. Existing 28 through 49 will be re-numbers as 29 through 50. How to better define food service to distinguish it from a catering business? To better differentiate between a food service and catering land use, staff proposes the following modification to the definition of food service: Section 14:5-3.2(D)(11) – [Land Use Definitions] “The on-site sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption either on-site or off-site; including seating for not more than ten persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets. This use is often found in conjunction with motor fuel stations and grocery stores. Attachments: Proposed Ordinance Summary Ordinance Prepared by: Scott Moore, Assistant Zoning Administrator, 924-2592 Approved by: Charles W. Meyer, City Manager 77 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-3.2(D), 14:5-3.2(E), 14:5-5.2(E). 14:5-5.3(F), 14:5-7.2(C), 14:5-7.3(B), 14:5-8(E), 14:6-1.3(A) 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. 00-09-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:5-3.2(D), 14:5-5.2(E). 14:5- 5.3(F), 14:5-7.2 (C), 14:5-7.3(B), 14:5-8(E), 14:6-1.3(A) are hereby amended to read as follows: Section 14:5-3.2(D)(11) – [Land Use Definitions] FOOD SERVICE - The on-site sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption either on-site or off- site; including seating for not more than ten persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets. This use is often found in conjunction with motor fuel stations and grocery stores. Section 14:5-3.2(E) – [Land use Definitions] 2. CATERING – An operation where food is either fully or partially prepared on site and delivered to the customer off site for final preparation and consumption. Characteristics include truck traffic, refuse storage issues, limited on-site public contact, and possible odors from materials and processing. Renumber existing 2-10 to 3-11 Section 14:5-5.2(E) – [Accessory Use in the C-1, Neighborhood Commercial District] 6. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. Section 14:5-5.3(F) - [Accessory Use in the C-2, General Commercial District] 9. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. 78 Section 14:5-7.2(C) – [Uses permitted with conditions in the I-P, Industrial Park District] 10. Catering Conditions: a. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any property in an “R” Use District and where possible shall be located on the side of the building farthest from an “R” Use District. b. The facility shall provide a Bufferyard “F” along all abutting property in the “R”, “O”, or “C-1” Use Districts. c. The applicant must sign a statement acknowledging and agreeing to abide with all of the applicable performance standards and other regulations of this Ordinance. Section 14:5-7.3(B) – [Uses permitted in the I-G, General Industrial District] 14. Catering Section 14:5-8(E) – [Accessory uses in the M-X, Mixed Use District] 10. Catering if accessory to a restaurant, food service, delicatessen, grocery store, or retail bakery. Section 14:6-1.3(A) 28. Catering. One (1) parking stall for each five hundred (500) square feet of floor area. Existing 28 through 49 will be re-numbers as 29 through 50. Sec. 3. The contents of Planning Case File 00-09-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. 79 SUMMARY ORDINANCE NO. 2168-00 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-3.2(D), 14:5-5.2(E). 14:5-5.3(F), 14:5-7.2(C), 14:5-7.3(B), 14:5-8(E), 14:6-1.3(A) This ordinance creates a definition for a catering land use, establishes which zoning districts to permit a catering business, and determines a parking requirement for a catering operation. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 15, 2000 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: May 24, 2000 00-09-sum/N/res/ord 80 City of St. Louis Park City Council Agenda Item # 8i* Meeting of May 15, 2000 *8i. Park Center Boulevard Housing TIF District This report considers a technical correction to the Modification of the Park Center Housing Tax Increment Financing Plan. Recommended Action: Motion to adopt the Resolution Clarifying the Parcels to be Included in the Modification to the Park Center Housing TIF District. Background: The City Council adopted the resolution modifying the Park Center Boulevard Housing TIF district on September 21, 1999 as part of the Parkwood Shores Assisted Living Phase II project. At the time of adoption, the legal description of the area to be included in the TIF district was correct but the associated PID number was not due to prior renumbering. The Council clarified the PID number of the parcel to be included in the previous district by a resolution adopted February 18, 1997. The parcel reference was changed to PID 06-028-24-33-0017. By approving the resolution, the Council will clarify and reaffirm that parcel 06-028-24-33-0017 and parcel 06-028-24-33-0020 (formerly a portion of 06-028-24-33-0016 and 06-028-24-33- 0013) are the appropriate parcels to be included in the Park Center Housing TIF District as Modified on September 21, 1999. The Council will further reaffirm that parcel identification numbers 06-028-24-33-0021 (formerly a portion of 06-028-24-33-0013) and 06-028-24-33-0019 (formerly a portion of 02-028-24-33-0016) are to remain in the Excelsior Boulevard Tax Increment Financing District. Attachments: Resolution Prepared by: Tom Kleve, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager 81 RESOLUTION NO. 00-070 RESOLUTION CLARIFYING THE PARCELS TO BE INCLUDED IN THE MODIFICATION TO THE PARK CENTER BOULEVARD HOUSING TAX INCREMENT FINANCING DISTRICT, WITHIN THE CITY OF ST. LOUIS PARK. BE IT RESOLVED by the City Council (the “Council”) of the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01 On September 21, 1999 the City approved and adopted a Modification to the Tax Increment Financing Plan for the Park Center Boulevard Housing Tax Increment Financing District (the “District”), expanding the boundaries of the District. 1.02 The legal description of the property in the District, as expanded by the modification, was correctly identified under a replatted name of Silvercrest Addition, Block 1, Lot 2. 1.03. Despite the correct legal description, the modification also identified the property in the District by reference to parcel identification numbers that were inaccurate because of prior re-numbering by Hennepin County. 1.04. Hennepin County has requested that the City clarify the parcel identification numbers to avoid confusion regarding the boundary of the District. Section 2. Reaffirming the City’s Intentions. 2.01 The Council hereby reaffirms that “The south 40.00 feet of Lot 1, Block 2 PARK CENTER, according to the recorded plat thereof, Hennepin County, Minnesota, and the north 145.00 feet of the south 185.00 feet of the east 215.00 feet of said Lot 1” also known as parcel identification number 06-028-24-33-0017 and “That part of Lot 2, Block 1, SILVERCREST, except that part embraced with that part of Lot 1, Block 2, PARK CENTER, described as follows: the south 40.00 feet of said Lot 1 and the north 145.00 feet of the south 185.00 feet of the east 215 feet of said Lot 1”, also known as parcel identification number 06-028-24-33-0020 are the two parcels to be included in the Park Center Boulevard Housing TIF District as Modified and approved by this Council on September 21, 1999. 2.02 The Council hereby reaffirms that parcel identification numbers 06-028-24-33-0021 (formerly a portion of 06-028-24-33-0013) and 06-028-24-33-0019 (formerly a portion of 02-028-24-33-0016) are to remain in the Excelsior Boulevard Tax Increment Financing District first approved on February 7, 1977. 82 2.03. This resolution is not intended to alter the boundaries of the District as approved on September 21,1999, but only to bring the parcel references into conformance with the map and legal description approved on that date. 2.03. The City further understands that Hennepin County is expected to assign a new parcel number to Lot 2, Block 1, Silvercrest Addition, at which time the new parcel number will supersede the numbers referenced in this resolution. Reviewed for Administration: Adopted by the City Council May 15, 2000 City Manager Mayor Attest: City Clerk 83 Item # 9a* MINUTES (Official) CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA January 12, 2000 City Hall, Third Floor Conference Room Call to Order Cynthia Ahrens chaired the meeting of January 12, due to Chair Beck's excused absence, and called the meeting to order at 7:05 p.m. Introductions and Attendance It was moved by Commissioner Moga and seconded by Commissioner Walsh to excuse the absences of the following members: George Beck, Paul Carver, and Ruth Kirschner. MOTION PASSED UNANIMOUSLY. A. Members Present: Cynthia Ahrens, Michael Sixel, Cheryl Ernst, Christopher Johnson, Dorothea Moga, David Ornstein, James Schaefer, D. Christopher Smith, and Carol Walsh. B. Members Excused: George Beck, Paul Carver, and Ruth Kirschner. C. Members Unexcused: Alan Sargent (see later in the minutes for a discussion about Commissioner Sargent's status.) D. Staff Present: City Staff Liaison Clint Pires E. Vacancies: The Commission currently has two vacancies, plus the likely vacancy of Alan Sargent's seat. Approval of Minutes It was moved by Commissioner Walsh and seconded by Commissioner Moga to approve the minutes of the November 10, 1999 meeting. MOTION PASSED UNANIMOUSLY. Charter Review A. The Commission discussed Chapter 9, Franchises. After discussing for several minutes, the commission decided to table further discussion until the Council meets with key state legislators about possible telecommunications laws changes. Since legislation is likely in 2000, the Commission will probably not discuss this issue again until after the 84 session. Mr. Pires stated he would e-mail or copy Commissioners the current state planned legislation to keep them informed. B. The Commission discussed Section 2.07 on compensation. The Commission reviewed information provided by Commissioner Carver and Municipal Code Corporation, then decided that no action was required at this time. The rationale is that the Council should have the freedom to act on compensation. Commissioner Resignation The Commission then discussed the likely vacancy of Commissioner Sargent's seat. It has come to our attention that he has probably moved out of St. Louis Park, but Commissioner Sargent has not submitted a letter of resignation from the Commission. The Commission directed Mr. Pires to attempt to obtain a letter of resignation. This was moved by Commissioner Johnson and seconded by Commissioner Schaefer. MOTION PASSED UNANIMOUSLY. Meeting Schedule Commissioner Johnson moved and Commissioner Schaefer seconded a motion to move the March meeting from the 8th to the 15th. MOTION PASSED UNANIMOUSLY. Other Business The Commission directed Mr. Pires to discuss with the Council which meeting we should attend to discuss Charter issues with them. Two potential dates were offered, April 10 or April 24. The March 15th meeting should include a legislative update, the annual elections of officers, and a representative from the League of Minnesota Cities to comment further on the franchise section of the Charter in the context of pending legislation. Adjournment As there was no other business, at 7:55 p.m., Commissioner Sixel moved and Commissioner Schaefer seconded adjournment. MOTION PASSED UNANIMOUSLY. Respectfully submitted, Mike Sixel Secretary 85 Item # 9b* MINUTES PLANNING COMMISSION APRIL 5, 2000 --7:00 P.M. CITY HALL COUNCIL CHAMBERS MEMBERS PRESENT: Paul Carver, Michael Garelick, Dennis Morris, Jerry Timian (arrived 7:20 p.m.), Sally Velick MEMBERS ABSENT: Michelle Bissonnette, Ken Gothberg STAFF PRESENT: Janet Jeremiah, Sacha Peterson, Shirley Olson 1. Call to Order - Roll Call Chair Carver called the meeting to order at 7:10 p.m. 2. Approval of Minutes of March 22, 2000 Mr. Morris moved approval of Minutes of March 22, 2000 with the correction listed below and the motion passed on a vote of 4-0 with Carver, Garelick, Morris, and Velick voting in favor. Page 5, Paragraph 6, 1st Sentence, change to “Mr. Morris commented that the Commission could make a motion to delete the issue from the agenda”. 3. Public Hearings: A. Case Nos. 00-14-S and 00-15-PUD - Request of CSM/Rottlund for Preliminary Plat approval for Pointe West Commons One and Two and Preliminary Planned Unit Development approval to permit the construction of a 127-unit hotel, 106- unit extended stay hotel and 84 units of townhomes for property located at the northwest quadrant of West 16th Street and Zarthan Avenue (continued 3-22-00) Sacha Peterson, Planner, presented a staff report. She explained the results of the traffic study with the possible realignment of Zarthan Avenue, the impact on local residential streets and neighborhood traffic concerns. She stated that staff was recommending approval of the preliminary plat and preliminary PUD with the conditions outlined in the staff report with the proposed amendments by staff: Amendments: Change Condition 9a to “Construction vehicles shall be prohibited from using Zarthan (south of 16th Street), Alabama, and Blackstone Avenues”. Add to Condition 3a “Prior to Final plat and PUD approval that the access issues to the town houses would be resolved in a manner that would be consistent with the recommendation of the traffic study”. 86 Mr. Morris asked the location of the nearest transit stop. Ms. Peterson stated that there is a transit stop on Wayzata Boulevard just west of the development. There are also park and ride facilities on Louisiana & Wayzata and Wayzata & park Place Boulevard. Ms. Velick asked if a transit stop was going to be built on 16th Street. Ms. Jeremiah responded that a transit shelter will be built on 16th east of Zarthan by Ryan, the developer for the shopping center. Mr. Morris questioned the pedestrian flow for the entire area and asked if there was any arrangements to have any pedestrian crossing at the 16th and Zarthan intersection given the current configuration with the looping drive and the island. He questioned what amenities could be added to create a safe pedestrian crossing to the east. Ms. Peterson believed this was a good point and stated that staff would examine this issue and provide more information for the Council and for final PUD. Ms. Jeremiah added that if a traffic light is installed at Zarthan & 16th Street, a pedestrian crossing would be at the light. Chair Carver asked if the traffic light on Zarthan and 16th Street was a condition in the staff report. Ms. Peterson stated that this was included under condition 4b. Richard Palmiter of Rottlund Companies introduced Dan Pellinen, Dave Carland, and Dave Wasnuski from CSM Corporation. He stated that he just received a copy of the traffic study and haven’t been able to review it completely yet, but would like to keep moving along. He explained the housing product that is being proposed which is called the new urban townhome and explained the basic features of the product which provides a streetscape (with units built back to back and two stall per unit underground parking) that the market is looking for. Mr. Garelick asked if this development was similar to the design of the Development on Medicine Lake Road in Plymouth. Mr. Palmiter stated that it is the general type of look, although the Plymouth townhomes have garages on the exterior. Mr. Garelick asked what the estimated selling price per unit would be. 87 Mr. Palmiter stated that the range would be from $130,000 to $180,000 with an average price o $150,000. He stated that he would like to under promise and over deliver on the unit. Mr. Garelick questioned what the urban style meant. Mr. Palmiter stated that that urban started with density and being able to move the numbers up and then to look at the style of living of buyers who are more active. Mr. Garelick asked if the park on the site plan would be a City park. Mr. Palmiter stated that the park would be a City park. He indicated that he has worked with staff to designate area for park and the neighborhood would have access to the park. Ms. Peterson concurred that the proposed location, size and access to the park are consistent with staff’s recommendations. Dave Carland, Vice President of Development at CSM Corporation stated that the project provides needed housing in St. Louis Park, eliminates an industrial use that is no longer consistent with the Comprehensive Plan, eliminates a billboard, creates a City Park, realigns Zarthan Avenue and increases the tax base. He explained that the two products (Springhill Suites and Town Place Suites) being proposed are Marriott products. Dan Pellinen briefly reviewed the aspects of the site plan and amenities of the product. Chair Carver asked where residents did their backyard type of activities. Mr. Pellinen stated that there would be front patio porches to do such activities. Mr. Garelick asked what the time frame for completion of the project was. Mr. Pellinen stated that construction would start this summer with opening projected in Spring, 2001. Mr. Morris asked why Hardiplank (a cement lap siding) would be used as a Class II material for the extended stay hotel instead of the cement stucco as with the traditional hotel. Mr. Pellinen stated that the hotels were marketed toward different people and the extended stay hotel is marketed toward more of a residential look and had a longer guarantee on the product compared to wood siding. 88 Mr. Morris asked what material would be used if Hardiplank was not approved as a Class II material. Mr. Pellinen indicated that they would use the EIFS(artificial stucco). Chair Carver questioned the amount of parking and the shared parking with businesses to the east. Mr. Carland explained that, based on prior experience, the parking shown on the site plan would be sufficient even at 100% occupancy for the hotels, which is rarely achieved. If necessary, overflow would be on the office site across Zarthan, which has a different peak parking time and CSM is willing to pursue a parking agreement with the owner of that building. Chair Carver opened the public hearing. Hans Widmer, 1601 Alabama Avenue South, stated that he was concerned about the increase in traffic in the neighborhood, amount of parking available for townhomes, noise issues from development affecting the neighborhood, city park being located too close to the railroad track which should be fenced. He recommended that the park be developed first during the construction so that the neighborhood is not inconvenienced by no park at all and that construction parking and use of residential streets be limited. Chair Carver believed that it was important to make the installation of the park a priority. Ms. Peterson stated that the Park and Recreation Department did recommend that a non-opaque fence be installed between the railroad tracks and the park for safety. A fence is not proposed around the pond because it is not anticipated to be a safety hazard. The grades are fairly gradual. Gary Berscheid, 1604 Blackstone, stated that although the City has encouraged neighborhood involvement, he doesn’t feel like the Blackstone neighborhood have been given an opportunity to be involved or give input on the development. He stated that he has not seen the traffic study and was concerned that the numbers stated for the amount of increase of traffic were incorrect and would impact the neighborhood. He questioned how this type of development could be built in a residential neighborhood; what the park layout was going to be; was there going to be public parking on 16th Street; and who is responsible for snow removal. He also questioned the configuration and colors of the townhomes; where the townhome residents were going to park their recreational vehicles; and asked if there would be parking restrictions on 16th Street. Chair Carver stated that in terms of availability of information, two neighborhood meetings have been held and through the feedback from Mr. Berscheid at the last 89 Planning Commission meeting the issues were dealt with and put in motion. In terms of available information, the traffic study is dated April 3, 2000 and still a draft, so because of timing it came out late and CSM hasn’t had time to review it either. It is important for everyone to take it upon themselves and take the initiative to come to City Hall and request information that is available. Mr. Carver stated that it was important to realize that the Blackstone neighborhood goes all the way up to Wayzata Boulevard and so the town houses clearly represent change for the area, but each of the townhouses is going to be an owned unit, so those folks will be neighbors and not “those people” and they will be a part of the neighborhood association I hope those are the kinds of people who move to St. Louis Park. He stated that there will be a townhouse association, so it won’t be acceptable to park boats in visitor parking spaces. Chair Carver asked staff to address the concern about snow removal on sidewalks. Ms. Peterson stated that it would be the developer’s or townhouse association’s responsibility to clear the sidewalk. Chair Carver asked staff to clarify the size of the new park. Ms. Peterson stated that the new park would be about one acre which is more than three times the size of the current park. She stated that discussions have not begun on development of the park, but that the Park and Recreation Department intends to hold a separate neighborhood meeting at the beginning of the process to receive input from residents on how the park should be developed. She stated that staff would relay the neighbor’s desire to have the park developed as soon as possible to the Park and Recreation Department, but the hitch may be having that process occur before the developer wants to get going, so this may pose a problem in keeping a park going. She indicated that there would be a fair amount of grading to level the park and make it usable and believed that this point was important and would be directed to the Parks and Recreation Department for further discussions. Chair Carver explained how zoning determines the density and number of stories that are allowed in an area of the City. Dan Hulke, 1600 Alabama Avenue South, stated that he was concerned with the increase of traffic and the possible need for a bike crossing, and asked the City to give consideration to an additional stop sign on 16th Street to make a 4-way stop at Alabama. Hans Widmer, 1601 Alabama Avenue South, stated that since the City mows beyond the back of the park, residents currently utilize more than the .3 acres as park area. 90 Jim Body, 1601 Blackstone Avenue, asked if there was consideration of parking as part of the park development. Ms. Peterson stated that there has been preliminary discussion of additional parking along 16th Street. Park users could also share the guest parking in the circular parking area on the west side of the site. Gary Berscheid, 1604 Blackstone was concerned about accidents that have occurred at the west end of 16th Street and believed if parking was going to be established that there was a need for adequate lighting and signage to prevent accidents and “teenager parking”. Chair Carver closed the public hearing. Mr. Garelick stated that he has some serious concerns about the access issues and traffic, but is putting faith in the developer and staff to resolve these issues. Mr. Morris stated that he doesn’t see the Zarthan Avenue driveway as being feasible, but understands the problem with the developer to flip the configuration and try to redesign drives. He was in favor of offsetting the driveway to the north if feasible and believed a traffic light was in order. Chair Carver agreed that the traffic light needs to be a part of this project especially in light of Costco and that the amount of traffic is going to increase. He stated that it was important to try to keep the streets as livable as possible for the people who are not in cars. Mr. Morris moved to recommend approval of the preliminary plat and preliminary PUD, subject to conditions as recommended by staff with the following amendments to Condition 3 and Condition 9a. Amendments: Change Condition 9a to “Construction vehicles shall be prohibited from using Zarthan (south of 16th Street), Alabama, and Blackstone Avenues” and add to Condition 3a “Prior to Final plat and PUD approval that the access issues to the town houses would be resolved in a manner that would be consistent with the recommendation of the traffic study”. The motion passed 5-0 with, Carver, Garelick, Morris, Timian and Velick voting in favor. The Planning Commission took a short recess. B. Case Nos, 00-18-PUD and 00-19-VAR - Request of project for Pride in Living for Preliminary PUD approval and Parking and Other Variance - Louisiana Court Sacha Peterson, Planner, presented a staff report and recommended approval of the variances on the basis that the findings can be met. She stated that staff is 91 further recommending approval of the preliminary PUD, subject to the conditions outlined in the staff report with the addendum to Condition 2 to include the following sentence: “The applicant shall also include a detailed plan of their alternative to curbing where curbing is impossible due to drainage concerns”. Mr. Garelick stated that he was concerned if the additional parking would impact the traffic on Louisiana Avenue. Ms. Peterson stated that there was no parking on Louisiana Avenue proposed as part of this development, however she noted that Public Works is currently working on examining the traffic conditions in this area, including examining the existing on-street parking on Louisiana in this area. Mr. Garelick asked if this non-profit project is taxable property. Ms. Jeremiah stated that this property would be taxable property. Ms. Velick questioned what would happen to the residents currently living in Louisiana Court. Kathy Larsen, Housing Programs Coordinator introduced Barb McCormick from PPL. Barb McCormick, PPL representative, explained the relocation plan for the project and stated that the goal of PPL was to displace as few people as necessary. Mr. Garelick asked how PPL got involved in this project. He asked what goals PPL had to help make the pride as stated in PPL’s slogan be reflected in the lifestyles of the people who live in Louisiana Court. Ms. McCormick explained the background of how PPL was selected by the Minneapolis Public Housing Authority and PPL’s goal in getting involved was to improve and create good quality housing for people of limited means and that doesn’t necessary mean the very lowest income population. She explained the three functional divisions of PPL that include housing, jobs division, and self- sufficiency program. Mr. Garelick believed that people don’t want to perceive Louisiana Court as a low-income housing development and asked what number of units would be designated for the people who don’t have anything, is it done that way or does everybody go through the same screening process. Ms. McCormick stated that everybody goes through the same screening process that involves income requirement, credit history and criminal background checks. She noted that there would be paid PPL staff on site during office hours and 3-4 building managers that would live on site. 92 Mr. Garelick asked if there was a Board of Directors which reflects anyone from St. Louis Park. Ms. McCormick stated that the actual ownership structure that is going to be created will be a limited liability company that will have a Board of managers that will be appointed by the PPL Board which will consist of six persons, one of those six persons will be a designee of St. Louis Park. Chair Carver opened the public hearing. Dave Dooley, 6013 Goodrich Avenue, former Principal of Aquila School asked what would will happen to the Perspectives program. Vanessa Brown, 2759 Louisiana Court, Apt. #6, Neighborhood Involvement Program Manager for Perspectives Family Center in Louisiana Court, explained the current Perspectives program in Louisiana Court and her work with the community and School Board to make a smooth transition for those residents who move into St. Louis Park. She stated that this was a welcomed partnership and she was excited about the project and the new sense of community that is going to be able to be forged with this new acquisition. Dave Dooley, 6013 Goodrich Avenue, stated that his experience at Aquila was that the Perspectives program was the most significant program I have ever experienced for putting families on their feet and having the connection working together with schools. Chair Carver closed the public hearing. Mr. Morris commented that this rehabilitation is what the Planning Commission has always strived to see and in our tours of the neighborhood that we take each year where we see the housing that is deteriorating or getting older we would like to see it fixed up and see it become new and keep the residents that are here. Mr. Garelick believed this would be a stimulus for the surrounding neighborhoods to make their homes new looking and hopefully in time that whole area will be revitalized. Ms. Velick moved to recommend approval of the preliminary PUD and variances, subject to conditions as recommend by staff with the addendum to Condition 2 to include the following sentence: “The applicant shall also include a detailed plan of their alternative to curbing where curbing is impossible due to drainage concerns”. The motion passed 5-0 with Carver, Garelick, Morris, Timian and Velick voting in favor. 93 C. Case Nos, 00-20-CUP and 00-21-VAR - Request of Benilde St. Margaret’s School for a major amendment to a continued special permit and Variances for height and bufferyard requirements for property located at 2501 S. Highway 100 Sacha Peterson, Planner, presented a staff report and noted that, given that all of the seven findings are met for the variances and for the reasons outlined in the staff report, staff is recommending approval of the Special permit amendment and variances, subject to the conditions outlined in the staff report. Ms. Peterson indicated that along the north lot line, the property is adjacent to single family residential, and one of the requirements for amending the special permit is that any ways in which the property is currently out of compliance with our zoning ordinances would need to be brought up to the current code standards. One issue in this area would be that we have landscape and bufferyard requirements depending upon the adjacent use. There would be Bufferyard requirement D between the parking lot and residents to the north. Initially Benilde had been requesting a variance in that area because there is an existing storm sewer line that is buried about 10 feet from the property line, and Public Works requested that some trees be removed and additional trees be planted. Public Works are still requiring that that some trees be removed because of concerns about roots destroying sewer line, however there would still be six feet between the space they need to keep clear and the property line, so the applicant did submit a plan of a couple of alternatives to meet the requirement there which includes an eight feet high treated wood fence and some shrubs. She stated that staff believes this would meet the Bufferyard D requirement and a variance would not be needed in that area and recommended that the final details be worked out prior to this request being forwarded to City Council. She noted that a Bufferyard C that was not constructed as promised in the past would now be required to be built near existing townhomes. Ms. Velick asked what the neighborhood response was to the project at the open house held on March 23, 2000. Ms. Peterson stated that she did not hear any additional concerns or complaints. Jim Hamburg, President of Benilde St. Margaret’s School, thanked the Planning Commission and City Staff. He briefly reviewed the proposed expansion and stated that the intent is not to increase enrollment. He stated that it was his intention to continue to fulfill the responsibilities of being a good member of the community. He introduced Bill Hanley, Chair of the Board of Directors, Joyce Kusho, Member of Board of Directors. Paul Synder, Architect from ATS&R and Dave Bangasser, Senior Project Manager from Opus, and Doug Cooley, Chair of Building Committee. Paul Synder, Architect from ATS & R, reviewed the site plan for the project. 94 Chair Carver opened the public hearing. Duane Krohnke, 2505 Princeton Court, President of Princeton Court Association, stated that the Association welcomed the development, but noted that the plans show that theoretically Benilde could add parking to the southeast further toward the townhomes. He applauded the cooperation of the school and the synagogue to share parking facilities and hope that will eliminate any need for any expansion. He was happy to see the additional bufferyards and recommended the placement of additional trees on the eastern end of the parking lot. Chair Carver asked if there was a requirement to add additional trees on the eastern end of the parking lot. Ms. Peterson reviewed the landscaping and proof of parking on the site plan and stated that staff would support flexibility in the location of the Bufferyard C if there was a consensus between Benilde and the townhomes in terms of where the trees should be within that Bufferyard C adjacent to the townhomes (for example, if some of them could be better utilized on the east side of the parking lot) but the trees that are internal to the parking lot, are meeting our minimal requirements in terms of the internal parking lot landscaping. She reiterated the fact that Benilde has a letter of agreement with Bethel Synagogue for shared parking, and Benilde’s assessment is that they would not need the proof of parking and would not need to convert the proof of parking to actual parking in the future. However, the letter of agreement is not something that is actually recorded against the property, so from the City’s perspective staff can’t count that as parking, so it is required that Benilde show proof of parking. Jim Hamburg stated that he would defend that property at the east end of the parking lot and there will not be any parking in my lifetime. He stated that Benilde went to great expense to level those fields and irrigate those fields and we do not intend to put parking there. He indicated that he respected the City’s right to require proof of parking, but we have worked in great partnership with Bethel over the years and we have that parking agreement, and while it is not fully recognized as meeting the code requirement, we want it known publicly that both Bethel and BSM wish to use their parking lots as a community. Chair Carver closed the public hearing. Mr. Morris questioned Mr. Hamburg’s comment that he would never do the proof of parking in his lifetime although he could be required to as a condition of the special permit. Mr. Hamburg clarified his comment by stating that it is not the intention of BSM to use the proof of parking unless the City requires it. 95 Chair Carver clarified that the Planning Commission had a sensitivity since they have dealt with promises of developers that were not completed. He stated that in this case the Bufferyard C was neglected to be put in as a condition and realized only later that it should have been there and that was the reason it wasn’t completed as a part of the initial project for that portion. Mr. Garelick moved to recommend approval of the Special Permit amendment and variances, subject to the conditions as outlined in the staff report with the alternative proposed. Mr. Morris stated that the motion should be amended to reflect that there was no longer a need for a variance for Bufferyard requirement D since staff received an alternative from the applicant to meet the requirement and it was recommended by staff that the final details be worked out prior to this request being forwarded to City Council. Mr. Garelick accepted the amendment to his motion. The motion passed 4-0 with Carver, Garelick, Morris, Timian and Velick voting in favor. The Planning Commission took a short recess. 4. Old Business A. Case No. 99-08-ZA - Amendment to Zoning Ordinance - Permits for Fences (deferred 3-22-00) Chair Carver recommended waiving the formal presentation. Mr. Morris stated that he was opposed to the ordinance because he does not feel that it is a necessary permit process. He indicated that, to his knowledge, the City has not exhibited a great deal of violation or a great need to enforce. He advocated more education without permitting. Ms. Jeremiah, Planning Manager gave a brief update stating that what has changed since the last time the Planning Commission reviewed this issue, was that staff has clarified the ordinance as far as the submission requirements to note that a survey would not be required to be submitted prior to a fence permit being issued. She stated that it was hoped that this simple permit process would prevent residents from correcting fences (at their own cost) that were built but not allowed. Chair Carver questioned requiring a working drawing, survey or site plan sketch of a proposed fence since there seems to be lack of definition. He stated that he was opposed to have the language “a survey” in Section 13:4-4, A2b because 96 residents may be taken advantage of by use of that word. He stated that he needs to have a word in there that says that if the City is willing to accept a hand sketch which accurately shows the roads so the lot lines can be determined, then that is what he believes is a compromised position and he would agree with. He was opposed to a fee. He recommended that the City put together a summary of fence requirements that would educate residents on fence constructions and be reviewed by City Staff who would determine if the fence was feasible or not. Ms. Jeremiah stated that the City did have a one page description of ordinance requirements and it has not solved the problem of misinterpreting the definition. She indicated that the key is to have the appropriate staff person who really understands the regulations to have the opportunity to walk through it with the property owner to ensure that they understand the requirements and are agreeable to them or are going to apply for a variance if they really feel that they have a hardship or unique situation. Chair Carver suggested the compromise to make it a permit requirement, but after you say yes there is a permit, the resident comes in with this sheet of paper for what they have to do. Then they schedule a meeting with the zoning administrator to review the sketch to determine if the fence would be allowed. Mr. Morris asked if variances would be permitted. Ms. Jeremiah stated that there was always the opportunity to go through the formal process for a variance. She suggested amending provision 2b to state “a site plan sketch indicating location of fence (a formal survey is not required)”. Mr. Morris stated that he was fundamentally opposed to the proposed ordinance amendment and would only support no recommendation to get this issue to the next stage. Mr. Morris moved to forward the staff report on the fence ordinance to the City Council with no recommendation. The motion passed 5-0 with Carver, Garelick, Morris, Timian and Velick voting in favor. 5. New Business A. Consent Agenda - None B. Other i. Task Force Member - Oak Park Village It was the consensus of the Commission to determine the Task Force Member at the next meeting on May 3, 2000. 6. Communications A. Recent City Council Action - April 3, 2000 97 B. Board of Zoning Appeals Agenda - March 23, 2000 C. Texa Tonka Market Study Update - Janet Jeremiah D. Draft minutes for Council review E. Next Planning Commission Meeting - May 3, 2000 F. Other 7. Miscellaneous - Mr. Garelick noted that he will be attending a seminar entitled “How to keep character in a City” and will report back to the Commission. 8. Adjournment Chair Carver adjourned the meeting at 10:43 p.m. Respectfully Submitted, Janet Jeremiah Planning & Zoning Supervisor Prepared by: Shirley Olson Recording Secretary 98 Item # 9c* MINUTES HOUSING AUTHORITY ST. LOUIS PARK, MINNESOTA Wednesday, April 12th, 2000 Council Chambers 5:00 P.M. MEMBERS PRESENT: Catherine Courtney, William Gavzy, Bridget Gothberg, Judith Moore and Shone Row MEMBERS ABSENT: None STAFF PRESENT: Michele Schnitker, Sharon Anderson, Kathy Larsen, Cindy Stromberg and Paula Jordan OTHERS PRESENT: None 1. Call to Order The meeting was called to order at 5:05 P.M. 2. Approval of the Minutes March 15th, 2000. Commissioner Courtney made a motion to approve the Minutes of March 15th. Commissioner Gothberg seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Moore, Row, Courtney and Gothberg voting in favor. 3. Hearings: The Public Hearing for the 5 Year and Annual Agency Plan - Resolution No. 475. Ms. Schnitker reported that since the draft Agency Plan was presented to the Board at the January Board Meeting, the Plan was revised to incorporate comments received from Board members. A public notice was published announcing that a Public Hearing regarding the Plan would be held at the April 12, 2000 Housing Authority Board meeting. The notice also announced that the draft Plan was available for review at City Hall and that written comments could be submitted prior to the Hearing. At the time of the Board Meeting, no comments had been received. 99 A copy of the draft plan was distributed to three public housing residents and two Section 8 participants who volunteered to serve on a Resident Advisory Committee to review the Plan. Two residents attended a meeting scheduled on February 23rd to discuss the Plan. Those unable to attend were invited to submit written comments. There were no concerns or comments expressed at the meeting nor were any written comments received that would require any modifications to the final Plan. The Plan was submitted to Hennepin County and they certified, in writing, that the Plan is in conformance with their Consolidated Plan. Staff recommended that the Board approve the Plan for submission and adopt Resolution No. 475 which certifies that the Plan is consistent with the County's Consolidated Plan and that the Housing Authority has complied with the entire Plan related regulations. Commissioner Gavzy opened the Public Hearing. Because there was no one from the Public to comment or comments from the Commissioners, Commissioner Moore made the motion to approve Resolution No. 475. Commissioner Courtney seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gothberg, Gavzy, Row, Moore and Courtney voting in favor. Commissioner Gavzy closed the Public Hearing. 4. Reports and Committees: None 5. Unfinished Business : None 6. New Business a. Section 8 Utility Allowance - Resolution No. 474 Cindy Stromberg, Section 8 Manager, reported that in accordance with HUD regulations, utility allowances must be analyzed on an annual basis. Allowances are based on actual utility consumption of Section 8 tenants applied to current utility rates. Ms. Stromberg gave a review of how the allowances are applied for the one, two, three and four bedroom units. Commissioner Gothberg moved for approval of Resolution No. 474. Commissioner Row seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Courtney, Row, Gothberg, and Moore voting in favor. b. Louisiana Court Redevelopment Project. 100 Kathy Larsen, Housing Coordinator, reported that the Planning Commission has approved the preliminary Planned Unit Development (PUD) application and that it would be going to the City Council Monday, April 17th. The Construction documents have been completed and bids have been let. The bond resolution, loan, mortgage and disbursement agreements are all in the first draft stage. At the April 10th Council Study Session, all information was submitted and a discussion was held on the sale of the bonds. Mr. Mark Ruff, Ehlers and Associates, provided a report for the City Council members. In the report, Mr. Ruff recommended that the City, despite the uncertainties that exist, proceed with the sale of the bonds on April 24th. PPL asked for $1.1 million, from the MHFA, the Family Housing Fund and the MET Council. Although the funding has not been formally approved at this time, we have been notified that the Met Council Livable Communities Committee is recommending that the project be funded. The MFHA's Selection Committee will be making their recommendations public on Thursday, April 20th. Before the Council makes the decision to sell the bonds, they will be verbal awareness that the monies will be granted. HUD hasn't made the MHOP commitment at this point in time, but staff stated that there is no reason that this funding would not be granted. The City Council indicated that they would most likely proceed and issue the Bonds on April 24th. Ms. Schnitker reported that there needs to be six of the seven votes by the City Council to issue the bonds. If the six out of seven votes are not reached, the project will be most likely be terminated. Discussion was opened to the Board because of the extent of the documents pertaining to the Louisiana Court Project. Commissioner Gavzy expressed concern with PPL's agreement to reimburse the cost of the Inspecting Architect, with a not to exceed amount of $10,000 per change order. Commissioner Gavzy recommended that it would be in the best interest of the Authority if the Inspecting Architect were contacted to review all change orders. Ms. Schnitker stated that the stipulation would be added to the contract with PPL. i. Approval of 2929 Ottawa Development Agreement (Because of the time frame, this report was moved up). Kathy Larsen reported that staff is recommending that the Housing Authority accept the proposal from New Millennium Homes to develop the property at 101 2929 Ottawa Avenue in accordance with the guidelines of the Home Renewal Program. Ms. Larsen reviewed the architechtual plans with the Board. The plans indicate the house will be a four-bedroom, story and one half structure. Execution of this development agreement allows the Housing Authority to proceed with the sale of the property to the developer who anticipates summer construction. Commissioner Gothberg moved approval contingent upon receiving viable references from the developer, New Millennium Homes. Commissioner Moore seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Courtney, Row, Gavzy, Moore and Gothberg voting in favor. c. Contract for Lawn Maintenance at Hamilton House Sharon Anderson reported that for the past several years, the Housing Authority has taken advantage of City bidding for fertilizing and weed control at Hamilton House, and the maintenance staff have performed all of the mowing and trimming functions. These duties take at least one day per week of maintenance staff's time. Staff feels that it would be beneficial to the Housing Authority if the maintenance staff could focus on work orders, turnover units, and other projects. Ms. Anderson stated that staff is recommending that the Authority approve a contract with Dave Eide of Westside Lawn & Snow Service to begin on May 1, 2000, and terminate on October 31, 2001, with a negotiated increase in fee prior to May 1, 2001. Commissioner Gothberg moved to approve the Contract for Lawn Maintenance at Hamilton House. Commissioner Moore seconded the motion. The motion passed on a vote of 5-0 with Commissioners Gavzy, Row, Moore, Gothberg, and Courtney voting in favor. d. Addendum to Elevator Contract for Hamilton House. Ms. Anderson reported that the current elevator contract at Hamilton House with Minnesota Elevator, Inc., expires on May 31, 2000. Minnesota Elevator has agreed to extend this contract to April 30, 2001, at the same monthly fee of $227.85. All other provisions of the contract would remain the same. Ms. Anderson stated that their services have been excellent. 102 Ms. Anderson stated that staff is recommending that the Authority approve an Addendum to the contract with Minnesota Elevator, Inc., extending the termination date to April 30, 2001. Commissioner Courtney moved to approve the Addendum to Elevator Contract for Hamilton House. Commissioner Row seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Moore, Gothberg, Row and Courtney voting in favor. e. Award of Comprehensive Improvement Assistance (CIAP) Contract Sharon Anderson reported that in July of 1999, the Authority was notified by HUD that we were awarded $241,287 in 1999 CIAP funding. Out of that amount, the Board approved to fund work items included in the 1998 CIAP contract with Flag Builders in the amount of $94,140. The remaining balance of 1999 CIAP funds available for rehab and maintenance of the public housing units is $147,147.00. Ms. Anderson reported on the bid process and the quotations for landscape work. Only one official bid was submitted for the miscellaneous scattered site work from Flag Builders for $180,100. Ms. Anderson reported that $34,000 of this year's grant was designated to reimburse the PH operating budget for work completed under the 1998 CIAP contract award. Since it is projected that the Authority will have $468,268 in operating budget reserves at the end of 3/31/2001, staff is recommending that reimbursement to the operating budget be reduced from $34,000 to $20,688. The difference, $13,312, would increase the monies available for this year's work to $150,996 providing enough funds to the contract cost after approval of the 1st change order. Rather than reimbursing $20,688 to the operating budget, the Board agreed that staff seek proposals for residing four houses which staff had estimated at about $19 -$20,000. Ms. Anderson stated that staff is recommending that the HA award a contract to Flag Builders for $180,100 plus the alternate for the sliding glass door at 2914 Colorado for $1,800. Commissioner Moore moved to approve the awarding a contract Flag Builders for the Comprehensive Improvement Assistance (CIAP) Contract work in the amount of $180,100, plus the alternate for the sliding glass door at Colorado for $1,800, simultaneous with execution of a change order for $65,859 in deducts. Commissioner Gothberg seconded the motion. The motion was passed on a vote of 5-0 with Commissioners, Courtney, Row, Gavzy, Moore and Gothberg voting in favor. 103 f. PH Leasing and Occupancy Plan: Flat Rents-Resolution No. 473 Michele Schnitker reported that the Quality Housing and Work Responsibility Act of 1998 (QHWRA) states that each family residing in public housing must be permitted to choose annually whether the family will pay a "flat rent" for their unit or an income based rent. Currently all families in public housing pay 30% of their adjusted income for rent, plus utilities. The two main exceptions to income- based rents were ceiling rents (based on unit size) and minimum rents. St. Louis Park chose not to implement ceiling rents or minimum rents. Now St. Louis Park must have a flat rent "based on the rental value of the unit as determined by the HA" and designed "so that the rent structures do not create disincentive for continued residency in public housing by families who are attempting to become economically self-sufficient through employment or who have attained a level of self-sufficiency through their own efforts." The statute states that flat rents must be based on a rent that would allow the unit to be successfully rented if the units were not public housing (neither higher or lower). Public housing operating expenses for this fiscal year have been budgeted at $355.93 per unit month. Based on an analysis of the Section 8 fair Market Rents (FMRs), the Section 8 Payment Standards and the average market rents for St. Louis Park as reported in the 1999 Rental Study, staff is recommending that we adopt the current Section 8 FMRs as "flat rents" for our public housing units. The FMRs offer reasonable rents that represent the market rents charged for modest housing similar to the HA public housing properties. Utilizing the FMRs as our flat rents offers consistency with our Section 8 program and administrative ease for updating the rents annually. Currently, there are 2 residents at Hamilton House whose income-based rent exceeds the FMRs. Ms. Schnitker stated that staff recommends Board approval of Resolution No. 473, revising the Public Housing Leasing and Occupancy Plan in the section on rent calculations and using the Section 8 FMRs to be the flat rents to be offered to public housing residents. The policy change on rent determination is required by the Quality Housing and Work Responsibility Act of 1998. Commissioner Moore moved to approve Resolution No. 473. Commissioner Gothberg seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Row, Moore, Courtney and Gothberg voting in favor. g. Agreement for Accounting Services 104 Michele Schnitker reported that as part of last year's reorganization of the Housing Authority, the City of St. Louis Park's Finance Department agreed to provide accounting services for the Agency. The arrangement resulted in the elimination of an Accounting Clerk position as well as the need for fee accounting services. The proposed fee for financial services for the year 2000 is $25,750. This is a 3% increase over last year's fee. Staff recommends that the Housing Authority Board authorize the Chair and the Executive Director to enter into an agreement with the City of St. Louis Park for the provision of accounting services to the Housing Authority. Commissioner Gothberg moved to accept the Agreement for Accounting Services. Commissioner Moore seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Row, Courtney, Moore and Gothberg voting in favor. h. Approval to Adopt GAAP Financing. Michele Schnitker reported that the HUD Uniform Financial Reporting standards requires Public Housing Authorities to convert their annual financial statements from HUD's based accounting to Generally Accepted Accounting Principles (GAAP) effective beginning with fiscal years ending September 30, 1999. Staff recommends that the Board approve implementation of the detailed procedures converting from the HUD financial application to Generally Accepted Accounting Principles (GAAP). Commissioner Gothberg moved to accept the Approval to Adopt GAAP financing. Commissioner Moore seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Gavzy, Row, Courtney, Moore and Gothberg voting in favor. 7. Communications from the Executive Director a. Claims List No. 04, 2000 Commissioner Moore moved to approve Claims List No. 4, 2000. Commissioner Courtney seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Row, Gavzy, Moore, Courtney and Gothberg voting in favor. c. Michele Schnitker reported on the Memorandum on the effects of $100 MFIP cuts on HA residents. d. Michele Schnitker reported that the Housing Authority Board will be going to 105 the Council Study Session on May 8th. Ms. Schnitker asked the Board if there were any issues that should be addressed at that meeting. 8. Adjournment Commissioner Moore moved to adjourn. Commissioner Row seconded the motion. The motion was passed on a vote of 5-0 with Commissioners Courtney, Gavzy, Gothberg, Row and Moore voting in favor. The meeting adjourned at7:05PM. Respectfully Submitted Shone Row Secretary 106 Item # 9d* May 5, 2000 VENDOR NAME DESCRIPTION AMOUNT AIRTOUCH CELLULAR TELEPHONE 397.94 ALBERT GERDES INSPECTION-SINGLE/DOUBLE 25.00 ALEXANDRIA TECHNICAL COLLEGE-S TRAINING/CONFERENCES/SCHOOLS 140.00 AMERICAN AMUSEMENT ARCADES AMUSEMENT DEVICE-COIN- OPERATED 270.00 AMERICAN WATER WORKS ASSOC GENERAL SUPPLIES 164.00 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 712.25 ASCAP LICENSES/TAXES 450.00 AT&T TELEPHONE 3.00 AUTOMATED ENTRANCE PRODUCTS IN BUILDING MTCE SERVICE 626.07 BATTERIES PLUS GENERAL SUPPLIES 69.21 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87) BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 352.37 BRENDA CLEVELAND SKATING LESSONS-tax exempt 24.75 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BUSKEY, JENNIFER OTHER CONTRACTUAL SERVICES 1,458.50 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 493.82 CAROL DUNKAK-DUNERKIRCHEN INSPECTION-SINGLE/DOUBLE 25.00 CHENEY SIGNS GENERAL SUPPLIES 12.65 CHIEF SUPPLY GENERAL SUPPLIES 108.88 COFFEE MILL INC GENERAL SUPPLIES 103.84 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CONSTRUCTION MATERIALS GENERAL SUPPLIES (938.10) COUNTRY FLAGS BLDG/STRUCTURE SUPPLIES 72.16 DANKO EMERGENCY EQUIPMENT CO NON-CAPITAL EQUIPMENT 146.22 DECISION RESOURCES LTD OTHER CONTRACTUAL SERVICES 3,500.00 DEPT OF PUBLIC SAFETY LICENSES/TAXES 875.00 DIAMOND VOGEL PAINTS OTHER IMPROVEMENT SUPPLIES 6,443.25 DUANE AND PATRICIA JOHNSON INSPECTION-SINGLE/DOUBLE 25.00 E & S ELECTRONICS EQUIPMENT MTCE SERVICE 798.29 EDELMANN & ASSOCIATES INC EQUIPMENT MTCE SERVICE 3,029.39 EDWARD KRAEMER & SONS INC OTHER IMPROVEMENT SUPPLIES 937.54 ELAN FINANCIAL SERVICES TRAINING/CONFERENCES/SCHOOLS 492.50 ELECTRIC PUMP WALDOR GROUP EQUIPMENT PARTS 479.25 ELLEN HERMAN PROFESSIONAL SERVICES 1,460.48 ELVIN SAFETY SUPPLY GENERAL SUPPLIES 181.37 ENGELMAN, CHERYL L TRAINING/CONFERENCES/SCHOOLS 80.00 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 45.75 ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 27,632.24 ERV'S LAWN MOWER REPAIR NON-CAPITAL EQUIPMENT 957.00 ESCOM SOFTWARE SERVICES LTD TRAINING/CONFERENCES/SCHOOLS 325.00 EVERGREEN LAND SERVICES CO PROFESSIONAL SERVICES 460.00 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (15.67) FLOYD TOTAL SECURITY BLDG/STRUCTURE SUPPLIES 32.80 107 GARLAND'S INC. GENERAL SUPPLIES 615.57 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS (14.07) GRAYBAR ELECTRIC CO BLDG/STRUCTURE SUPPLIES 161.33 HACH CO GENERAL SUPPLIES 55.08 HARMON INC OTHER CONTRACTUAL SERVICES 749.78 HATCH SALES CO EQUIPMENT PARTS 1,563.63 HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 2,390.12 HEADWATERS OUTDOORS MARKETING GENERAL SUPPLIES 149.17 HELEN BELSAAS INSPECTION-SINGLE/DOUBLE 25.00 HOME DEPOT/GECF SMALL TOOLS 198.03 HUIRAS, SHIRLEY OFFICE SUPPLIES 237.63 HYDRO SUPPLY COMPANY MERCHANDISE PURCH FOR RESALE 3,453.69 HYDROLOGIC OTHER IMPROVEMENT SUPPLIES 32.95 I A F C TRAINING/CONFERENCES/SCHOOLS 610.00 I C B O DEPRECIATION-FIXED ASSET SYST 195.00 IKON OFFICE SOLUTIONS EQUIPMENT MTCE SERVICE 522.90 INDEPENDENT BLACK DIRT CO LANDSCAPING MATERIALS 399.32 IOS CAPITAL RENTAL EQUIPMENT 193.83 IVIT VINITSKY YOUTH ATHLETICS/LEAGUES-exempt 31.50 J H LARSON COMPANY GENERAL SUPPLIES 106.90 JEROME LEE INSPECTION-SINGLE/DOUBLE 25.00 JOHN AND MELISSA CROW INSPECTION-SINGLE/DOUBLE 25.00 JUSTUS LUMBER COMPANY OTHER IMPROVEMENT SUPPLIES 348.05 K AND R COMMUNICATION SERVICES BUILDING MTCE SERVICE 362.00 KEITH WOLFF TRUCKING ADULT ATHLETIC/LEAGUES - EXEMPT 477.00 KNOX LUMBER GENERAL SUPPLIES 28.45 LEAH A. SWEET INSPECTION-SINGLE/DOUBLE 25.00 LYLE SIGNS INC OTHER IMPROVEMENT SUPPLIES 2,173.94 M A APPAREL INC GENERAL SUPPLIES 159.50 MAAO MEMBERSHIP COORDINATOR TRAINING/CONFERENCES/SCHOOLS 65.00 MADDEN RESORTS TRAINING/CONFERENCES/SCHOOLS 326.64 MARK GREENE INSPECTION-SINGLE/DOUBLE 25.00 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,972.50 MENARDS GENERAL SUPPLIES 5.33 METRO ATHLETIC SUPPLY GENERAL SUPPLIES 416.42 METROCALL GENERAL SUPPLIES 22.57 MID-AMERICA BUSINESS SYSTEMS EQUIPMENT MTCE SERVICE 12,960.00 MIKE WHITTINGTON INSPECTION-SINGLE/DOUBLE 25.00 MILLAR ELEVATOR SERVICE CO BUILDING MTCE SERVICE 249.00 MILLERBERND, DENNIS MACHINERY & AUTO EQUIPMENT 1,238.78 MINNESOTA CHAPTER NAHRO TRAINING/CONFERENCES/SCHOOLS 390.00 MINUTEMAN PRESS PRINTING & PUBLISHING 409.00 MN CHAPTER OF IAPMO SUBSCRIPTIONS/MEMBERSHIPS 50.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MN PIPE & EQUIPMENT OTHER IMPROVEMENT SUPPLIES 850.99 MODERN HEATING AND AIR CONDITI BLDG/STRUCTURE SUPPLIES 127.00 108 NARDINI FIRE EQUIPMENT CO GENERAL SUPPLIES 500.00 NORTHLAND ELECTRIC SUPPLY CO BLDG/STRUCTURE SUPPLIES 1,379.12 NSP CO ELECTRIC SERVICE 7.76 OLSEN CHAIN & CABLE CO INC GENERAL SUPPLIES 73.53 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) PARTS PLUS EQUIPMENT PARTS (3.88) PERSONNEL DECISIONS INTERNATIO PROFESSIONAL SERVICES 120.00 PIRES, CLINTON E TRAINING/CONFERENCES/SCHOOLS 38.00 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) PROGRESSIVE CONSULTING ENGINEE PROFESSIONAL SERVICES 455.00 REID & ASSOCIATES, JOHN E TRAINING/CONFERENCES/SCHOOLS 375.00 RICHARD & ELIZABETH SOLSETH INSPECTION-SINGLE/DOUBLE 25.00 RIDGEWATER COLLEGE TRAINING/CONFERENCES/SCHOOLS 70.00 RLK-KUUSISTO LTD ENGINEERING SERVICES 89.11 SAVIN CORPORATION EQUIPMENT MTCE SERVICE 115.20 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 SOO LINE RAILROAD CO LANDSCAPE IMPROVEMENTS 2,500.00 SPS COMPANIES INC BLDG/STRUCTURE SUPPLIES 15.81 SRF CONSULTING GROUP INC ENGINEERING SERVICES 463.75 STAT MEDICAL GENERAL SUPPLIES 33.87 STODOLA WELL DRILLING INC, DON BUILDING MTCE SERVICE 1,150.00 SUBURBAN PROPANE MOTOR FUELS 68.69 SUN NEWSPAPERS DEPOSITS PAYABLE 189.47 THE ORGANIZATION COACH OTHER CONTRACTUAL SERVICES 2,075.00 THYMES TWO CATERING MEETING EXPENSE 103.83 TRI STATE BOBCAT MACHINERY & AUTO EQUIPMENT 117.00 U S WEST COMMUNICATIONS TELEPHONE 41.46 UNIVERSITY OF MINN TRAINING/CONFERENCES/SCHOOLS 50.00 UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 565.00 UNIVERSITY OF ST THOMAS TRAINING/CONFERENCES/SCHOOLS 150.00 WALSER FORD EQUIPMENT PARTS (65.43) WARNING LITES OF MN INC TRAINING/CONFERENCES/SCHOOLS 369.32 WHEELER LUMBER OPERATIONS OTHER IMPROVEMENT SUPPLIES 218.11 WILSONART INTERNATIONAL BLDG/STRUCTURE SUPPLIES 281.16 WSB ASSOCIATES INC PROFESSIONAL SERVICES 801.00 ZEE MEDICAL SERVICE GENERAL SUPPLIES 98.09 ZIP PRINTING PRINTING & PUBLISHING 570.25 ZIP SORT POSTAGE 20,198.62 119,702.27 May 12, 2000 VENDOR NAME DESCRIPTION AMOUNT A & T UPHOLSTERY CO EQUIPMENT MTCE SERVICE 65.00 ACME AWNING BUILDING MTCE SERVICE 3,298.00 AIRTOUCH CELLULAR TELEPHONE 2,229.99 AMEM TREASURER SUBSCRIPTIONS/MEMBERSHIPS 20.00 ANDERSON, SCOTT OFFICE SUPPLIES 111.89 ANOKA-HENNEPIN TECHNICAL TRAINING/CONFERENCES/SCHOOLS 50.00 109 COLLE ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 462.10 BACHMANS EQUIPMENT MTCE SERVICE 827.18 BACKAUS, DEAN Clothing Allow/Reimbursement 54.99 BARON, EILEEN TRAINING/CONFERENCES/SCHOOLS 192.24 BAUER BUILT TIRE & BATTERY EQUIPMENT PARTS (35.87) BERTELSON OFFICE PRODUCTS OFFICE SUPPLIES 54.41 BEST CLEANERS CLEANING/WASTE REMOVAL SERVICE 24.51 BIG RIVER DELI & SANDWICHES MEETING EXPENSE 184.03 BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 85.52 BOBS PERSONAL COFFEE SERVICE CONCESSION SUPPLIES 161.25 BRENTS SIGNS OTHER IMPROVEMENT SUPPLIES 852.00 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) CALHOUN TOWERS APARTMENTS RADIO COMMUNICATIONS 600.00 CAMPBELL KNUTSON PROFESSIONAL PROFESSIONAL SERVICES 3,300.00 CANADIAN PACIFIC RAILWAY OTHER CONTRACTUAL SERVICES 400.00 CAPITOL COMMUNICATIONS EQUIPMENT MTCE SERVICE 41.40 CARTRIDGE CARE EQUIPMENT MTCE SERVICE 582.52 CENTER FOR ENERGY & ENVIRONMEN OTHER CONTRACTUAL SERVICES 5,060.00 CHENEY SIGNS OFFICE SUPPLIES 18.10 COLICH & ASSOCIATES PROFESSIONAL SERVICES 13,433.84 COLLISYS ELECTRIC CO GENERAL SUPPLIES 1,056.00 COMPUSA INC RADIO COMMUNICATIONS 322.29 CONCEPT SEATING INC GENERAL SUPPLIES (180.00) CONSECO FINANCE VENDOR SERV CO OTHER CONTRACTUAL SERVICES 751.89 CONSTRUCTION BULLETIN MAGAZINE PROFESSIONAL SERVICES 220.10 CONSTRUCTION MATERIALS GENERAL SUPPLIES (938.10) COPYMED INC OTHER CONTRACTUAL SERVICES 38.66 CRILEY, KATHI L TRAINING/CONFERENCES/SCHOOLS 340.78 CUB FOODS SUBSISTENCE SUPPLIES 421.39 DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 1,027.37 DELORES BRYAN INSPECTION-SINGLE/DOUBLE 25.00 DITZLER PROPERTIES INSPECTION-SINGLE/DOUBLE 25.00 DREIER, LORI A TRAINING/CONFERENCES/SCHOOLS 200.00 EDELMANN & ASSOCIATES INC EQUIPMENT MTCE SERVICE 319.18 ELAN FINANCIAL SERVICES MEETING EXPENSE 18.26 ELECTRONIC DOOR-LIFT INC GENERAL SUPPLIES 17.04 EMERY'S TREE SERVICE INC CLEANING/WASTE REMOVAL SERVICE 255.60 ENGINEERING REPRO SYSTEMS GENERAL SUPPLIES 41.54 EULL'S MANUFACTURING COMPANY BLDG/STRUCTURE SUPPLIES 1,513.09 FACTORY MOTOR PARTS COMPANY EQUIPMENT PARTS (15.67) FEDERAL EXPRESS CORP POSTAGE 21.79 FLOYD TOTAL SECURITY BLDG/STRUCTURE SUPPLIES 41.95 FRANCHETTE BRAAKSMA YOUTH ATHLETICS/LEAGUES-119.70 110 exempt FRANCIS G. SORENSON INSPECTION-SINGLE/DOUBLE 25.00 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS (14.07) GOODIN COMPANY GENERAL SUPPLIES 1,052.78 GRAINGER INC, W W BLDG/STRUCTURE SUPPLIES 168.42 GREG SCHRAB ADULT ATHLETIC/LEAGUES - EXEMPT 330.00 HALLMAN OIL LUBRICANTS/ADDITIVES 123.03 HASLERUD, CARRIE GENERAL SUPPLIES 138.45 HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 1,035.62 HECKLER & KOCH INC TRAINING/CONFERENCES/SCHOOLS 495.00 HENN CO TREASURER COMPUTER SERVICES 1,045.55 HENNEPIN COUNTY SHERIFF SUBSISTENCE SERVICE 468.48 HENNEPIN COUNTY TREASURER SUBSISTENCE SERVICE 9,803.77 HOFFER COATINGS INC OTHER IMPROVEMENT SUPPLIES 1,038.38 HOME DEPOT GENERAL SUPPLIES 27.06 HOME DEPOT/GECF LANDSCAPING MATERIALS 252.28 HOME HARDWARE GENERAL SUPPLIES 297.58 HOWARD R. GREEN COMPANY PROFESSIONAL SERVICES 56,760.77 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 690.46 I A F C SUBSCRIPTIONS/MEMBERSHIPS 135.00 ICI DULUX PAINT CENTERS GENERAL SUPPLIES 46.86 IKON OFFICE SOLUTIONS RENTAL EQUIPMENT 57.54 INDEPENDENT BLACK DIRT CO OTHER IMPROVEMENT SUPPLIES 628.98 J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 786.48 J-CRAFT INC. EQUIPMENT PARTS 325.88 JEFFREY HASSAN PROFESSIONAL SERVICES 1,893.93 JOE WIERSMA GENERAL SUPPLIES 30.00 JOHN FOSTER PROFESSIONAL SERVICES 1,612.80 KANSAS STATE BANK OF MANHATTAN CAPITALIZED INTEREST 2,636.74 KNOX LUMBER OTHER IMPROVEMENT SUPPLIES 148.11 KOEHNEN & ASSOCIATES INC, LEON PROFESSIONAL SERVICES 650.00 KRUGE-AIR INC. BUILDING MTCE SERVICE 89.00 LASER TECHNOLOGY INC EQUIPMENT MTCE SERVICE 283.84 LAURA HILDMAN YOUTH ATHLETICS/LEAGUES- exempt 31.50 LAWRENCE RAGAN COMMUNICATIONS SUBSCRIPTIONS/MEMBERSHIPS 89.00 LONG LAKE POWER EQUIPMENT EQUIPMENT PARTS 17.95 LUSE, JOHN SUBSCRIPTIONS/MEMBERSHIPS 139.00 M A APPAREL INC GENERAL SUPPLIES 159.50 M A C T A TRAINING/CONFERENCES/SCHOOLS 50.00 MASTERSON PERSONNEL INC PROFESSIONAL SERVICES 1,650.75 MELISSA LEMKE YOUTH RECREATION-tax exempt 58.50 MERRILL/ALTERNATIVES INC BLDG/STRUCTURE SUPPLIES 3,139.73 METRO CISM PROGRAM TRAINING/CONFERENCES/SCHOOLS 150.00 METRO SYSTEMS NON-CAPITAL EQUIPMENT 1,845.04 METROCALL SMALL TOOLS 449.68 METROPOLITAN AREA MEETING EXPENSE 16.00 111 MANAGEMENT A METROPOLITAN COUNCIL CLEANING/WASTE REMOVAL SERVICE 435.00 MIDWEST MAILING SYSTEMS INC EQUIPMENT PARTS 9.72 MINN DEPT LABOR & INDUSTRY LICENSES/TAXES 20.00 MINN DEPT OF ADMINISTRATION TELEPHONE 3,410.52 MINN UC FUND UNEMPLOYMENT COMPENSATION 3,711.72 MINNEGASCO HEATING GAS 16,117.51 MINNESOTA FIRE SERVICE TRAINING/CONFERENCES/SCHOOLS 35.00 MN DRIVER & VEHICLE SVCS EQUIPMENT REPLACEMENT CHARGE (46.00) MOST DEPENDABLE FOUNTAINS GENERAL SUPPLIES 223.00 MOTOROLA GENERAL SUPPLIES 137.48 MTI DISTRIBUTING CO EQUIPMENT PARTS 744.53 MUNICILITE EQUIPMENT PARTS 178.07 MYERS TIRE SUPPLY COMPANY EQUIPMENT PARTS 15.66 NANCY WEIMAN-SCHMELZLE TRAINING/CONFERENCES/SCHOOLS 93.00 NAPA AUTO PARTS EQUIPMENT PARTS 620.59 NATIONAL CRIME PREVENTION COUN GENERAL SUPPLIES 24.15 NORTHERN STATES POWER ELECTRIC SERVICE 39,222.66 NSP CO ELECTRIC SERVICE 2,859.32 OFFICE DEPOT OFFICE SUPPLIES 323.42 OFFICE DEPOT INC OFFICE SUPPLIES 30.36 OFFICE MAX OFFICE SUPPLIES 319.63 ORKIN PEST CONTROL OTHER CONTRACTUAL SERVICES 30.46 OTTO PACKAGING MIDWEST LLC BLDG/STRUCTURE SUPPLIES (72.00) P & L AUTOMOTIVE INC MACHINERY & AUTO EQUIPMENT 515.00 P.S.E. ENTERPRISES EQUIPMENT PARTS 765.76 PAGE ELECTRICAL CONTRACTING IN EQUIPMENT MTCE SERVICE 4,456.00 PALMS BAKERY MEETING EXPENSE 40.78 PAPER WAREHOUSE-GENERAL OFFICE MEETING EXPENSE 17.79 PARK PET HOSPITAL OTHER CONTRACTUAL SERVICES 639.00 PARTS PLUS EQUIPMENT PARTS 158.39 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 86.52 PRESTIGE LINCOLN MERCURY EQUIPMENT PARTS 294.30 PRO PRODUCTS INC GENERAL SUPPLIES (92.32) RANDY'S SANITATION INC GARBAGE/REFUSE SERVICE 3,509.28 RAPPORT LEADERSHIP INTERNATION TRAINING/CONFERENCES/SCHOOLS 10,134.00 RICK BIRNO MILEAGE-PERSONAL CAR 56.23 RILEY DETTMANN & KELSEY OTHER CONTRACTUAL SERVICES 409.75 ROGER MANN OTHER IMPROVEMENT SUPPLIES 58.55 S & T LAWN SERVICE INC OTHER CONTRACTUAL SERVICES 383.41 S.P. GETMAN, TAXIDERMY GENERAL SUPPLIES 140.00 SCHARBER & SONS INC EQUIPMENT PARTS (3.51) SECURITYLINK FROM AMERITECH OTHER CONTRACTUAL SERVICES 36.10 SEDGWICK HEATING & A/C HEATING 47.55 SEH PROFESSIONAL SERVICES 2,125.23 SIMPLEX TIME RECORDER CO BUILDING MTCE SERVICE 172.00 SLP CRIME PREVENTION FUND UNREALIZED REV-SAFETY CAMP 0.00 112 SNAP-ON INDUSTRIAL SMALL TOOLS 70.54 SNAP-ON TOOLS SMALL TOOLS 73.49 SOHNS, JO MEETING EXPENSE 36.25 SOJOURNER PROJECT INC OTHER CONTRACTUAL SERVICES 9,789.75 SOUTH DAKOTA DEPT OF COMMERCE PROFESSIONAL SERVICES 4.16 SPS COMPANIES INC OTHER IMPROVEMENT SUPPLIES 7.95 STRAND MFG COMPANY EQUIPMENT MTCE SERVICE 127.80 SUBURBAN PROPANE MOTOR FUELS 44.97 SUBURBAN TIRE CO TIRES 134.62 SUN NEWSPAPERS OTHER ADVERTISING 285.00 SYSTEMS SUPPLY INC OFFICE SUPPLIES 36.93 TEKSYSTEMS COMPUTER SERVICES 1,246.00 TERMINIX INTERNATIONAL BUILDING MTCE SERVICE 51.12 TIM AND JANET PICKFORD INSPECTION-SINGLE/DOUBLE 25.00 TKDA PROFESSIONAL SERVICES 162.16 TOM BAZZARRE INSPECTION-SINGLE/DOUBLE 25.00 TURF SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 3,177.66 TWIN CITY WATER CLINIC INC PROFESSIONAL SERVICES 60.00 UNIVERSITY OF MINN TRAINING/CONFERENCES/SCHOOLS 120.00 USD-MINNESOTA LLC OTHER IMPROVEMENT SERVICE 9,595.00 VIKING COUNCIL JUVENILE DIV PR DEPOSITS PAYABLE 4,671.65 WALSER FORD EQUIPMENT PARTS 257.25 WASTE MANAGEMENT-BLAINE CLEANING/WASTE REMOVAL SERVICE 143,503.86 WAYTEK EQUIPMENT PARTS 266.97 WEST WELD GENERAL SUPPLIES 41.64 WILLIAMS STEEL & HDWE GENERAL SUPPLIES 40.82 WOLF CAMERA INC PRINTING & PUBLISHING 19.84 WYNN, BRIDGET MILEAGE-PERSONAL CAR 30.88 ZEBEC OF NORTH AMERICA INC GENERAL SUPPLIES 1,363.00 ZEMBRYKI, MARK MILEAGE-PERSONAL CAR 30.07 ZEP MANUFACTURING EQUIPMENT PARTS 970.20 ZIP SORT POSTAGE 85.17 397,323.03 May 12, 2000 VENDOR NAME DESCRIPTION AMOUNT G & K SERVICES CLEANING/WASTE REMOVAL SUPPLY 32.95 MINN COMM OF REVENUE MAPS/PRINTED MATERIALS 15,003.00 PARK NATIONAL BANK DEDUCTIONS PAYABLE 106,857.59 121,893.54 113 City of St. Louis Park City Council Agenda Item # 11a* Meeting of May 15, 2000 *11a. Bid Tabulation: City-Wide Random Curb and Gutter Repair Work – City Project No. 00-01 This report considers awarding a contract for City-wide random concrete curb and gutter repairs. Recommended Action: Motion to designate Ti-Zack Concrete, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $26,275.70. Background: Bids were received on May 4, 2000 for City-wide random curb and gutter repair. Advertisement for bids was published in the St. Louis Park Sun-Sailor on April 26, 2000 and in the Construction Bulletin on April 21 and 28, 2000. A summary of the bid results is as follows: Contractor Bid Amount Ti-Zack Concrete, Inc. $26,275.70 * Ron Kassa Construction $29,948.75 Nadeau Utility, Inc. $34,123.45 S. M. Hentges & Sons, Inc. $39,109.75 Scandy Concrete $45,307.80 Engineer’s Estimate $ 42,991.75 * Engineer’s correction upon extension of unit prices. Evaluation of Bids: A total of five (5) companies submitted bids. A review of the bids indicates Ti-Zack Concrete, Inc. submitted the lowest bid. Ti-Zack Concrete, Inc. has satisfactorily constructed a number of similar projects in Faribault and surrounding communities. Staff has determined that Ti-Zack Concrete, Inc. submitted the lowest responsible bid and recommends a contract be awarded to the firm in the amount of $26,275.70. Financial Considerations: As a majority of this work is related to damage from watermain repairs, funding for this City-wide random curb and gutter repair is from the 2000 Water Utility Fund. Additional repairs in Special Service District #1 will be made ($3,500) and will be funded by the 2000 Public Works Operations Budget. No special assessments or other funding sources are proposed for this project. Prepared By: Carlton Moore/Michael P. Rardin, Public Works Approved By: Charles W. Meyer, City Manager 114 City of St. Louis Park City Council Agenda Item # 11b* Meeting of May 15, 2000 *11b. Bid Tabulation: 2000 Contract Sealcoating This report considers awarding a contract for the sealcoating of designated bituminous streets within the City of St. Louis Park to Bituminous Roadways, Inc. Recommended Action: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder for the construction of bituminous sealcoating and to authorize execution of a contract with the firm in the amount of $59,237.78. Background: 1) On April 17, 2000, Council authorized for the advertising and receipt of bids for contract sealcoating. 2) Advertisement for bids were published in the St. Louis Park Sun-Sailor on April 26, 2000 and in the Construction Bulletin on April 21, 28, 2000. 3) Bids from four (4) contractors were received on May 4, 2000 for this work. 4) A summary of the bid results is as follows: Contract Sealcoating of Bituminous Pavements Vendor Bid Total *Bituminous Roadways, Inc. $59,237.78 Pearson Bros., Inc. $61,532.22 Allied Blacktop $61,797.35 ASTECH Corporation $68,323.81 * Recommended Low Bid Financial Considerations: The 2000 budget includes $75,000 for contract sealcoating. The award of the contract to Bituminous Roadways, Inc. in the amount of $59,237.78 will leave an unexpended balance of $15,762.22. It should be noted that the City has the right to alter bituminous material application rates, which may change the actual amount of material used to perform the sealcoating. This could have an impact on the final contract price being either higher or lower than the total bid price stated above. The expected impact should be negligible. Prepared by: Carlton Moore/Michael P. Rardin, Public Works Approved by: Charles W. Meyer, City Manager 115 City of St. Louis Park City Council Agenda Item # 11c* Meeting of May 15, 2000 *11c. Consultant Retention for Assistance in Pavement Condition Evaluation This report considers the retention of a Consultant to perform pavement surface ratings on roadways under the City’s jurisdiction. Recommended Action: Motion to Authorize Mayor and City Manager to execute a Contract with Goodpointe Technology Corporation to perform pavement surface evaluation services on the City’s roadway system. Background: The City of St. Louis Park has a long term goal of maintaining, rehabilitating, and replacing it’s infrastructure assets in the most timely and cost-effective manner possible. To accomplish this goal, it is necessary to update our pavement condition information. In 1995-1996, the City collected detailed roadway inventory data, pavement surface condition data, and structural data which was used to populate the data fields in the CarteGraph Pavement Management System Program. The previous pavement surface ratings were done by Pathways Services Inc. for an amount of approximately $22,000, plus extras. This Program will be used for roadway condition analysis, preparation of maintenance policies and schedules, comparison of roadway maintenance needs with budget allocations, and implementation / coordination of the roadway maintenance / reconstruction program. Discussion: Staff conferred with Mn/DOT and other local agencies to determine which consulting firms were qualified to provide the required services. Proposal requests were sent to six (6) qualified firms with the City receiving proposals from five (5) firms. The firms were rated on items including: project team and firms related experience; work plan and project approach; quality assurance program; computer program compatibility; project cost; workload; and knowledge of St. Louis Park. Based on a review of the proposals staff selected Goodpointe Technology Corporation as the consultant of choice because of their pavement management knowledge, past experience, and project cost. The project scope includes the following: • Pavement surface condition evaluation that identifies the pavement distress type, quantity, severity, and extent. • Curb and gutter evaluation that identifies location, type, condition, and drainage problems. • Executive summary report. 116 The project timeframe is from June to August of this year with a project cost of $26,010. Recommendation: It is my recommendation the City uses Goodpointe Technology Corporation to perform the pavement surface ratings at a compensation amount of $28,600 (includes a 10% contingency). Prepared by: Scott Merkley, Public Works Coordinator Through: Mike Rardin, Public Works Director of Public Works Approved by: Charles W. Meyer, City Manager 117 City of St. Louis Park City Council Agenda Item # 11d* Meeting of May 15, 2000 *11d. Renewal of insurance agent contract A.J. Gallagher & Co of MN, Inc. has submitted the proposal for agent fees effective 4-1-00 to 4-1-01. Recommended Action: Motion to renew insurance agent contract. Background: A.J. Gallagher & Co of MN, Inc. has been the agent representing the City for insurance received through the League of Minnesota Cities for several years. The proposed contract is for one year and does not reflect any increased costs from the previous contract. The contract cost is $9,785.00 for the year. Staff has been satisfied with the service received from the agent however; it is recommended that an RFQ be done in time for the next renewal period. This type of professional service should have proposals submitted every five (5) years, similar to the basis that audit services have an RFQ prepared. Prepared by: Jean D. McGann Approved by: Charles W. Meyer, City Manager 118 City of St. Louis Park City Council Agenda Item # 11e* Meeting of May 15, 2000 *11e. Frauenshuh Development Contract Amendment This report considers approving the First Amendment to the Redevelopment Contract with Frauenshuh and increases the construction start and end dates by one year on the medical office building. Recommended Action: Motion to approve the First Amendment to Contract for Private Redevelopment between the City of St. Louis Park, the Economic Development Authority, and DRF L-7 LLC. Background: For well over a year and a half the City/EDA has been working with Frauenshuh Companies on the development of a medical office building and restaurant at the southwest corner of Highway 7 and Louisiana Avenue. The City and Economic Development Authority entered into a development agreement with Frauenshuh Companies in July of 1999 for the development of this site. The City Council approved the preliminary PUD and Plat for this project in August of 1999. The developer requested an extension of the deadline to apply for a final PUD and Plat. This extension was granted. The developer met with staff recently to discuss the status of the project. A number of issues were addressed including the leasing of the medical office building. The developer has been having trouble gaining the customary 50 percent pre-leasing necessary to begin developing the project. This has led to some discussion of changing the site plan and possibly reconfiguring the site in addition to continuing to look for medical tenants for the office building. Developer Request for Extensions: Staff has approved an extension to the deadline for applying for a Final PUD and Plat by 180 days from the current May 6, 2000 deadline. This will allow the developer to continue pre- leasing the project and finalize a site plan if changes to the existing site plan are necessary. The developer is also requesting an extension to the construction start date and completion date for the medical office building from May 31, 2000 and May 31, 2001 to May 31, 2001 and May 31, 2002 respectively. The date for the completion of the restaurant is May 31, 2002 and will remain the same. The minimum market value dates were also adjusted accordingly. The amendment clarifies that county tax abatements will start the first year that property taxes are payable on any portion of the project. The city and school district abatements will start after the project is substantially completed (i.e. a certificate of occupancy has been issued). This clarification is necessary because the county wants its abatements to start immediately when property taxes are payable. The school district and city provided for more flexibility in the case 119 of partial construction in a given tax year. None of this is an issue if the project is completed in one year but if the project is partially completed in any given year it may reduce the total tax abatement from the county over the abatement term. The amendment further states that the note will not be extended to make up for any shortfall. The note has been revised to clarify this as well. Attachments: First Amendment to Contract for Redevelopment Prepared by: Tom Kleve, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager 120 FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the _________ day of May, 2000 by and between the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the “Authority”), the CITY OF ST. LOUIS PARK, MINNESOTA, a Minnesota municipal corporation (the “City”) and DRF L-7 LLC, a Minnesota corporation (the “Redeveloper”). WITNESSETH: WHEREAS, the City, Authority and Redeveloper have entered into that certain Contract for Private Redevelopment dated July 30, 1999 (the “Contract”), describing the parties’ respective responsibilities in connection with development of certain property in the City, defined in the Contract as the Redevelopment Property; and WHEREAS, in the parties have determined to modify certain terms of the Contract as described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 3.8(a) of the Contract is modified to add the following: The first payment date on the Note will be August 1 of the first year in which property taxes are payable on any portion of the MOB constructed by Redeveloper on the Redevelopment Property, provided that until the MOB has been substantially completed (as evidenced by issuance of the Certificate of Completion on or before January 2 of the assessment year), Available Abatements shall include only the County Abatements. Commencing in the first year in which property taxes are payable on the substantially-completed MOB, Available Abatements shall include County Abatements, City Abatements and School District Abatements. County Abatements will be paid no later than February 1 of the tenth year after the first payment made with County Abatement, and School District and City Abatements will be paid no later than February 1 of the tenth year after the first payment with City Abatement and School District Abatement. The Developer understands and acknowledges that if the MOB has not been substantially completed in the first year in which any property taxes are payable on such improvements, the County Abatements payments in the first year will reflect such partial construction, and the term of the Note will not be extended to provide additional payments in the event any principal or accrued interest remains unpaid at the Maturity Date. 2. The first sentence in Section 4.3 of the Contract is modified to read as follows: Subject to Unavoidable Delays, the Redeveloper shall commence construction of the MOB by May 31, 2001. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the MOB by May 31, 2002. 3. The first sentence in Section 6.3 of the Contract is modified to read as follows: 121 The Redeveloper agrees that the estimated market value of the Minimum Improvements (excluding land) for tax assessment purposes shall be as follows: (a) For the MOB, no less than $6,605,000 of January 2, 2003, or in the event of Unavoidable Delays, the next January 2 after issuance of the Certificate of Completion for the MOB; and (b) for the Restaurant, no less than $945,000 as of January 2, 2003, or in the event of Unavoidable Delays, the next January 2 after issuance of the Certificate of Completion for the Restaurant. 4. The Note, attached as Schedule C to the Contract, is revised to add the following after the fourth paragraph of the Note: Notwithstanding anything to the contrary herein, until the MOB has been substantially completed (as evidenced by issuance of the Certificate of Completion on or before January 2 of the assessment year), Available Abatements shall include only the County Abatements. Commencing in the first year in which property taxes are payable on the substantially- completed MOB, Available Abatements shall include County Abatements, City Abatements and School District Abatements. County Abatements will be paid no later than February 1 of the tenth year after the first payment made with County Abatement, and School District and City Abatements will be paid no later than February 1 of the tenth year after the first payment with City Abatement and School District Abatement Therefore, if payments on the first Payment Date are made solely from County Abatements because of partial completion of the MOB as described above, Available Abatements payable on the final August 1 and February 1 Payment Dates will include only City Abatements and School District Abatements. 5. The Contract remains in full force and effect and is not modified except as expressly provided herein. IN WITNESS WHEREOF, the Authority, City, and Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY CITY OF ST. LOUIS PARK, MINNESOTA DRF L-7 LLC By By By Its President Its Mayor Its Manager Its Executive Director Its City Manager 122 STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________ 1999, by _________________________, the Manager of DRF L-7 LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public