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Home My WebLink About1998/11/16 - ADMIN - Agenda Packets - City Council - Regular 1 7:25 p.m. - Economic Development Authority AGENDA - CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 16, 1998 7:30 p.m. 1. Call to order 2. Presentation 2a. National Night Out - Senator Rod Grams 2b. Recognition of Board and Commission Resignees 3. Roll Call 4. Approval of Minutes 4a. City Council meeting of November 2, 1998 Action: Corrections/amendments to minutes - Minutes approved as presented 5. Approval of Agenda 5a. 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) 6b. Agenda Action: Motion to approve - Motion to add item(s) *6c. Resolutions and Ordinances Action: By consent, waive reading of resolutions and ordinances 6. Public Hearing 6a. 1999 Budget Proposal for Special Service District #1 2 This report considers the approval of the 1999 budget and service charges for Special Service District #1. Recommended Action: Close Public Hearing. Motion to approve Resolution setting the Special Service District #1 1999 operating budget and service charges and directing staff to certify the annual service charge to Hennepin County 6b. 1999 Budget Proposal for Special Service District #2 This report considers the approval of the 1999 budget and service charges for Special Service District #2. Recommended Action: Close Public Hearing. Motion to approve Resolution setting the Special Service District #2 1999 operating budget and service charges and directing staff to certify the annual service charge to Hennepin County. 6c. Public hearing and First Reading of Amendments to the Zoning Ordinance Case No. 98-9-ZA Amendments to the Zoning Ordinance to permit medical, optical and dental laboratories in industrial zoning districts with conditions Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance amending the Zoning Ordinance relative to medical, optical, and dental laboratories and to set Second Reading for December 7, 1998. 6d. Amendments to the Subdivision Ordinance and Zoning Ordinance Case No. 98-32-SO/ZA Proposed changes to the Subdivision and Zoning Ordinances to ensure consistency between the two documents. Recommended Action: Motion to continue the public hearing until December 7, 1998 6e. Case No. 98-31-ZA Zoning Code Text Amendment Amendments to Zoning Ordinance to clarify “parking lot” and “parking business” definitions in various sections, change the definition of “shopping center” to 3 include shopping centers less than 50,000 square feet, and adopt new parking standards for shopping centers. Recommended Action: Mayor to close public hearing. Motion to approve first reading and set second reading for December 7, 1998 6f. Public Hearing on the Levying of Assessments for Delinquent Fees and Charges This action adds to the responsible party’s 1999 property taxes any delinquent City utility charges and other fees Recommended Action: Mayor to close the public hearing. Motion to adopt resolution to assess delinquent water, sewer, refuse and other fees and charges. 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Resolution for Gambling Premises Permit for Texa-Tonka Lanes at 8200 Minnetonka Blvd, St. Louis Park, MN 55426 St. Louis Park Boys Traveling Basketball Association Gambling Premises license at 8200 Minnetonka Blvd, St. Louis Park, MN 55426 Recommended Action: Motion to approve gambling premises permit. 8b. Resolution for Gambling Premises Permit for Bunny’s Bar & Grill at new location at 5916 Excelsior Blvd, St. Louis Park, MN 55426 St. Louis Park Boys Hockey Boosters Gambling Premises license at 5916 Excelsior Blvd, St. Louis Park, MN 55426 Recommended Action: Motion to approve gambling premises permit. 8c. Official Map Amendment - Trail Designation Portion of Hutchinson Spur Property near 31st St. Case No. 98-30-OM Second Reading of an ordinance amendment to delete a trail designation from the centerline of the old Hutchinson Spur railroad corridor near 31st Street. The trail will be developed on adjacent Aquila Park property, Aquila School property, and 4 the eastern three feet of the future Aquila Place lots north of 31st Street Recommended Action: Approve Second Reading of an ordinance that amends the Official Map trail designation and authorize publication. 8d. Aquila Place Final Plat Case No. 98-18-S McCullough Companies requests Final Plat approval for 11 single-family lots on Aquila Avenue near 31st Street. Recommended Action: Adopt a resolution approving the Final Plat subject to the conditions included in the resolution. 8e. Resolution Awarding the Sale of $4,305,000 in General Obligation Tax Increment Refunding Bonds This action will award the sale of $4,305,000 G.O. Tax Increment Refunding Bonds. The proceeds of the bond sale will refund the 1985 and 1987 B G.O. Tax Increment (variable rate) bonds. Recommended Action: Motion to adopt the resolution. 9. Reports from Officers, Boards, Committees *a. Neighborhood Revitalization Commission Minutes of September 9, 1998 Action: By consent, accept report for filing *b. Neighborhood Revitalization Commission Leader’s Forum of October 28, 1998 Action: By consent, accept report for filing *c. Planning Commission Minutes of October 7, 1998 Action: By consent, accept report for filing *d. Planning Commission Minutes of October 21, 1998 Action: By consent, accept report for filing *e. Vendor Claim Report Action: By consent, accept report for filing 5 10. Unfinished Business None 11. New Business 11a. Addendum to Vehicle Towing and Impounding Agreement Recommended Action: Motion to approve Addendum to Vehicle Towing and Impounding Agreement and authorize Mayor and City Manager to execute. 12. Miscellaneous - None 13. Claims, Appropriations, Contract Payments *a. Contract payments Partial Contractor Contract No. Amount M. C. Magney Construction, Inc. Wolfe Park Reconstruction 33-98 $ 134,725.20 Action: By consent, approve and authorize payments 14. Communications 15. Adjournment 6 Item 4a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 2, 1998 1. Call to Order Mayor Gail Dorfman called the meeting to order at 7:34 p.m. 2. Presentations Mayor Dorfman presented Certificates of Appreciation to Phyllis McQuaid, Jim Rhodes and David Payne for their dedicated service to the Parktacular Task Force and Board. On behalf of all the members of the Parktacular Board Member, Phyllis McQuaid thanked the City Council for their tremendous support. On behalf of the business community and as President of Special Services District #2, Jim Rhodes commended the City and City Staff for their excellent work in that project area. 3. Roll Call The following Councilmembers were present: Jeff Jacobs, Chris Nelson, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer, and Mayor Gail Dorfman. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Director of Community Development (Mr. Harmening); Planning Manager (Ms. Jeremiah); Director of Public Works (Mr. Rardin), Planning Coordinator (Ms. Erickson); Human Resource Manager (Ms. Gohman); and Financial Director (Ms. McBride). 4. Approval of Minutes 4a. City Council Meeting of October 19, 1998 With minor corrections on Page 7, the minutes were approved as presented. 4b. City Council Study Session of September 28, 1998 With the following corrections, the minutes were approved as presented. Page 15, note Eric Galatz was the Attorney for SPS and add Councilmember Brimeyer to list of those in attendance at executive session. 4c. City Council Study Session of October 26, 1998 The minutes were approved as presented. 7 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda. The motion passed 7-0. b. Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, 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. Case No. 98-36-CP Public Hearing to Consider Comprehensive Plan Amendments Modifying Chapter 16 Judie Erickson, Planning Coordinator, presented a staff report and recommended that Council approve the resolution to adopt changes to the Comprehensive Plan, forward amendments to the Metropolitan Council for review, and approve the summary publication. Agnes Lawless, 3320 Louisiana Avenue South, #107, was in favor of the amendments and desired to save the park for the future. Florence Flugaur, 3320 Louisiana Avenue South, #412, was in favor of the amendments and appreciated the opportunities the neighborhood had to express concerns and respond to plans as they progressed. Nancy Robinow, 3720 Louisiana Avenue, Safety Chair of the Oak Hill Neighborhood Association, was in favor of the amendments. Al Putler, 31st and Sumter, asked staff to clarify the zoning code on the map. Kim Aune, 3129 Edgewood Avenue South, Co-President of the Lenox Neighborhood Association stated that the association was in support of the Task Force recommendation. Christopher Konans asked about the status of additional single family homes proposed for the area. Ms. Erickson clarified that the area would remain green space with no development of single family homes. The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. Councilmember Latz indicated that the message Council received from both residents of the neighborhood, the Task Force and surrounding area residents was that the park should remain a park. He commended the Task Force for their work and indicated his support of the amendments to the Comprehensive Plan. 8 Councilmember Young inquired what revenues would pay off debt incurred in the past for purchase of this property. Ms. Erickson stated that there were annual costs of pumping ground water from these areas, but the debt from purchasing the property had been paid off. Councilmember Young commended the work of the Task Force and noted that the Task Force did recommend some move-up housing on this property. He believed that the City had a great opportunity with City owned property develop move-up housing as recommended in Vision St. Louis Park. He felt the opportunity was missed and believed it would be hard in the future to ask other neighborhoods to accept any kind of move-up housing on City property. He felt it would be difficult to ask developers who owned property that was not already designated for housing to change the zoning designation to housing. Councilmember Young stated that the Task Force proposal for an office building wasn’t crucial because the cost of development with environmental remediation might have been a wash with revenue generated. He stated that there will be costs incurred to develop this park and was unsure where money would come from to pay for it. Councilmember Young could not support the resolution without additional housing components added to the plan designation. Mayor Dorfman stated that the Apple Valley Redi-Mix site had been designated for 30 housing units per acre and that single family housing would be a permitted use on that property. Councilmember Nelson noted that he was in favor of preserving the green space and park, but explained that development of the park land could cost the City a tremendous amount of money. He asked residents to consider a referendum to fund this and other park improvements. He also indicated that the City would need to find funding to cover the continuing remediation in the area. Since there would be no development, other methods of funding remediation efforts would need to be identified. Councilmember Sanger was in favor of adopting changes to the Comprehensive Plan, but didn’t want to lose sight of the need for move-up housing in this area. She hoped that whatever housing would be proposed for the multi-housing site would be of a move-up nature with amenities such as condominiums or town homes. She said this issue underscores the need to find move-up housing units elsewhere in the community. She recommended that Council consider move-up housing needs and locations in a future Study Session. Councilmember Latz clarified that any taxes that would have been received as a result of development in the area would have had to pay for soil remediation in order to make that development occur. More funds will be needed in the future to continue to remediate the site. Ms. Jeremiah stated that other options have been explored to cover on-going costs and that funding is currently coming from the utility fund. Councilmember Latz asked if the development of additional multi-family housing at the Apple Valley Redi-Mix site would require a lot of remediation and if it would increase tax revenue for the City. Ms. Erickson stated that due to the fact that the property is currently privately owned, staff has not been able to complete the type of environmental exploration to determine the amount of remediation necessary. 9 Councilmember Jacobs was in favor of keeping the area as green space, but stated the need to examine alternative ways to fund the annual costs of maintaining the area as green space and developing the park into a real park. Mayor Dorfman was in favor of adopting the changes to the Comprehensive Plan and commented on the growth of soccer in St. Louis Park. She felt the area needed to be maintained as open space, but believed the Council needed to be more vigilant in identifying other areas for the development of different kinds of move-up housing. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve a resolution to adopt changes to the Comprehensive Plan, to forward amendments to the Metropolitan Council for review, and to approve the summary publication. The motion passed 6-1. Councilmember Young opposed. 6b. Case No. 98-21-CP and Case No. 98-22-CP - Public Hearing Continued from City Council Meeting of September 22, 1998 Judie Erickson, Planning Coordinator presented a staff report and recommended approval of the resolution. Mary Thorpe-Mease of Wayside House, 3700 Park Center Boulevard was happy to see a change in designation from civic use to a civic mixed use because it allowed more flexibility to Wayside House. Dr. Richard Freese, Senior Vice President of Health System Minnesota and Lead Physician for Park Nicollet Clinic, was happy with changes in regard to civic-mixed use, but was very concerned about the roads proposed to go through their campus. Mayor Dorfman stated the Task Force had a challenge to maintain balance and create a special place that benefits the whole community. Ms. Erickson stated that continuing study was being done and that the Task Force was studying proposed roadway connections. They would be making specific recommendations regarding the location, feasibility and design of any proposed roadway connections. She indicated that if any of the proposed roadway connections were found to be unfeasible, staff would bring back changes to Council. Councilmember Brimeyer asked staff to clarify the extension of the east/west road. Ms. Jeremiah explained that the Town Center Concept Plan did show an east/west connection and that the Park Commons West Task Force had pointed out that it had not been included on the amendment that was brought before Council at the previous public hearing. It was something they were considering and they would make further recommendations. Steve Kramer, 3900 Ottawa Avenue South, questioned the need for the proposed north/south roadway and raised a concern for safety. He was concerned that area residents would use the roadway as a ‘cut- through” rather than as access to the park. Mayor Dorfman asked Ms. Jeremiah to comment on the design of the project as it related to traffic and pedestrian access. 10 Ms. Jeremiah stated that that the idea of the north/south roadway connection was to allow automobile and transit to penetrate into the area, to allow sidewalk connections to be accommodated on both sides of the road way, and to allow on-street parking on both sides of the road way. It was foreseen as a very slow speed road way that would accommodate all of these different uses. Ms. Jeremiah reiterated that the Task Force was taking a very close look at it in regard to the potential design and location of the roadway before final recommendations were made. The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. Mr. Meyer, City Manager clarified that the north/south road way as currently proposed didn’t really touch into Wolfe Park. The idea was for it to be a multi-use street, but not intended to be a primary access into Wolfe Park. Mayor Dorfman stated that the intent was for Town Center to be quite crowded with activity and the idea of the road was to provide some access and was clearly not designed not to be a cut through. Councilmember Nelson thanked Council for granting a 30 day delay to consider Comprehensive Plan changes and believed that the Park Commons West Study had time to consider the proposal. He noted that there was currently no agreement on the north/south road and that the group would continue to consider these changes. Councilmember Sanger moved that the following wording changes to alternative Chapter 13 and Chapter 15 be made. Councilmember Brimeyer seconded the motion. Chapter 15 - Add etc. after sculptures and murals for public art that is permissible. Chapter 13 - In regards to maximum and minimum uses, she wasn’t sure how the term was defined, but believed it should be apartment or condominium use and not restricted to rentals. Chapter 15 - Add and highlight bicycle access within the Park Commons area under the Livable Community Principals. Councilmember Nelson accepted the friendly amendments as recommended by Councilmember Sanger. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to approve a resolution adopting changes to the Comprehensive Plan with those changes recommended by the Park Commons West Study, to forward amendments to the Metropolitan Council for review, and to approve summary publication. The motion passed 7-0. 6c. Official Map Amendment - Trail Designation on a Portion of the Hutchinson Spur Property near 31st St. - Case No. 98. 98-03-OM Janet Jeremiah, Planning Manager presented a staff report and recommended approval of the Official Map Amendment. The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve First Reading of an ordinance that amends the Official Map trail designation and to set Second Reading for November 16, 1998. The motion passed 7-0. 11 6d. Amendments to the Subdivision Ordinance and Zoning Ordinance Case No. 98-32-SO/ZA The Mayor closed the Public Hearing with the right of the Council to reopen it at a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to continue the public hearing until November 16, 1998. The motion passed 7-0. 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Compensation - 1999 Nancy Gohman, Human Resource Manager presented a staff report, stated that all items were within the 1999 budget constraints and recommended approval. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt the resolution and approve the City Manager’s Compensation Plan for 1999. The motion passed 7-0. 8b. Establishing employer contributions for employer-provider cafeteria style benefit programs for 1999 covering non-union positions Nancy Gohman, Human Resource Manager presented a staff report reviewing the recent bid process. She stated that based on review of the market, benefit increase levels, and internal comparisons, it is recommended that the City increase its contribution by $20 per month for non-union employees and non- union supervisors for both single and dependent insurance levels for employees working over 30 hours per week, and $10 per month for non-union part-time employees. An equal dollar contribution increase is recommended for both single and dependent benefits levels to ensure the benefit difference does not widen between the two groups. She noted that staff has recommended adding funds to budget for consulting fees to start an employee committee and review insurance plans to determine best coverage for the future. Councilmember Brimeyer suggested building a critical mass similar to what Business Health Action Group had done in order to negotiate with providers for the best coverage. Councilmember Sanger was opposed to all employee benefit benefits that did not actually narrow the gap and ultimately eliminate the gap of the contribution by the City to individuals who have family verses than those who do not. She believed it was inequitable to compensate people differentially based on a private lifestyle choice that had absolutely nothing to do with job performance or contributions to the City. Councilmember Nelson requested that this issue be discussed at a City Council Study Session in the near future. Mr. Meyer, City Manager stated that staff would like to have some discussion with City employees about this issue and would be incorporating this into the study process. Councilmember Young was opposed to the proposed ordinance amendment and desired to move away from the large difference in pay in benefits between single and dependent coverage insurance employees. 12 It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to adopt a resolution establishing employer contribution to the cafeteria style benefits program for 1999 covering non-union supervisory and non-supervisory employees. The motion passed 5-2. Councilmembers Sanger and Young opposed. 8c. Zoning Ordinance Amendment - “R-3” Two Family District Case No. 98-29-ZA It was moved by Councilmember Nelson, seconded by Councilmember Jacobs, to approve Second Reading of the proposed ordinance to permit multiple family dwellings and associated accessory structures in existence prior to December 31, 1992 in the “R3” Two-Family District, approve the ordinance summary, and authorize publication. The motion passed 7-0. 8d. Resolution Providing For The Sale of Up to $4,305,000 In General Obligation Tax Increment Refunding Bonds. Kathleen McBride, Finance Director presented a staff report. It was moved by Councilmember Jacobs, seconded by Councilmember Brimeyer, to approve the resolution. The motion passed 7-0. 8e. Resolution Authorizing the Issuance, Sale and Delivery of the Issuer’s Multifamily Housing Revenue Refunding Bonds (Park Ridge Apartments); Approving the Form of and Authorizing the Execution and Delivery of the Bonds and All Related Documents. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to approve the resolution. The motion passed 7-0. *8f. Resolution Authorizing An Agreement Between The City And HLB Tautges Redpath, LTD. For Audit Services For The Fiscal Year Ended December 31, 1998 By consent, Council approved the resolution. *8g. Traffic Study No. 534 Stop sign installation north service drive I-394 and Shelard Parkway By consent, Council accepted the report for filing and adopted the attached resolution authorizing the stop sign installation described. *8h. Traffic Study No. 536: Basketweave stop signs on W. 35th Street between Rhode Island Avenue and Texas Avenue and a four-way stop at Quebec Avenue By consent, Council adopted the resolution authorizing the installation of stop signs in a basketweave pattern on W. 35th Street between Rhode Island and Texas Avenues, and a four-way stop at Quebec Avenue. 13 *8i. France Avenue County State Aid Highway (CSAH) Revocation By consent, Council adopted the resolution concurring with Hennepin County’s request to revoke portions of France Avenue. 9. Reports from Officers, Boards, Committees *a. Police Civil Service Commission Minutes of October 20, 1998 By consent, Council accepted report for filing. *b. Vendor Claim Report By consent, Council accepted report for filing. 10. Unfinished Business 10a. Board and Commission Appointment(s) - None 11. New Business - None 12. Miscellaneous - None 13. Claims, Appropriations, Contract Payments *a. Contract Payments Partials Thomas & Sons Construction, Inc. Concrete Sidewalk & Street Lighting Contract No. 47- 98; Project No. 98-06 $3,448.50 Ron Kassa Construction, Inc. Alley Paving Contract No. 58-98; Project No. 94-23 $22,830.40 Hardrives, Inc. Construction of Excelsior Boulevard, Phase II - Monterey to France Avenue Contract No. 14-98 $246,530.84 By consent, Council approved and authorized payments. Finals Grazzini Brothers - Rec Center Renaissance Contract No. 4122 $1,555.00 Anchor Fence of MN, Inc - Rec Center Renaissance Contract No. 4105 $9,414.70 By consent, Council approved and authorized payments. 14 14. Communications Mayor Dorfman indicated that the RV Ordinance had gone into effect and staff was available to answer questions about how residents could best comply. She stated that the screening elements of the ordinance would go into effect in July, 1999. Mr. Meyer indicated that staff would provide Council with memo on reaction and types of calls from residents in regards to this issue and some of the ways the education and compliance process would occur. Mayor Dorfman reminded residents of Election Day, November 3rd and encouraged them to get out and vote. 15. Adjournment It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adjourn the meeting at 9:15 p.m. The motion passed 7-0. City Clerk Mayor 15 City of St. Louis Park City Council Agenda Item #6a Meeting of November 16, 1998 6a. 1999 Budget Proposal for Special Service District #1 This report considers the approval of the 1999 budget and service charges for Special Service District #1. Recommended Action: Close Public Hearing. Motion to approve Resolution setting the Special Service District #1 1999 operating budget and service charges and directing staff to certify the annual service charge to Hennepin County Background: On June 3, 1996, the City Council approved a resolution imposing a service charge for Special Service District #1. Annually, the City Council must adopt a service charge for the district following a public hearing on the proposed charge. Maximum Service Charge Restrictions/Budgeting Parameters In accordance with Section 2.04 of the original service charge resolution, the maximum service charge to be imposed in any year will increase from the maximum amount authorized for the year immediately preceding the current year based upon the applicable consumer price index (CPI) percentage increase for the Minneapolis/St. Paul metropolitan area which is published on the date nearest commencement of the current year. Since there is no increase in service charges proposed for 1999, the inflation adjustment allowance will not apply. Proposed 1999 Budget and Service Charges The advisory board is recommending approval of a budget of $113,500 a service charge of $106,000 (the same budget and service charge as set in 1998). The advisory board will use fund balances to pay for any budgeted expenditures exceeding the amount of service charges collected. 1999 City Portion of Service Charge The City incurs service charges for the property located at 5005 36th St. W. (Rec Center/Wolfe Park), which is in the Special Service District. Charges paid in 1998 were $26,655. This fee is proposed to remain the same for services in 1999. 16 Special Service District #1 Financial Position As of September 30, 1997, the Special Service District had a fund balance of $43,674.00. Staff will report to the Council the year-end figures for 1998 operations following payment for all services and upon an overall evaluation of the service level and contractor performance by the Advisory Board. Attachments • 1999 Budget Proposal • Resolution By: David M. Anderson, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager edoffice/98ccmemo/11-16cc1.doc 17 RESOLUTION NO.____________ RESOLUTION APPROVING 1999 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT #1. WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District #1 (the “District”). The specific properties located within the District are identified on Exhibit A attached hereto, and; WHEREAS, pursuant to Resolution No. 96-87, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2006 for taxes payable in said year, and; WHEREAS, pursuant to Section 2.04 of Resolution No. 96-87, the maximum service charge to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area, and; WHEREAS, an increase in the annual service charge for 1999 is not proposed and therefore is not subject to the inflation adjustment cap, and; WHEREAS, pursuant to Section 3 of Resolution No. 96-87, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, and; WHEREAS, the City is required by Statute to certify assessments to the County by November 30, 1998. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 1999 Budget for Special Service District #1 of $113,500 is hereby approved as recommended by the Special Service District #1 Advisory Board. 2. The 1999 service charge for Special Service District #1 of $106,000 is hereby approved as recommended by the Special Service District #1 Advisory Board and service charges shall be imposed in the amounts and against the properties specified on Exhibit A attached to this Resolution. Attest: Adopted by the City Council November 16, 1998 City Clerk Mayor Reviewed for Administration: City Manager 18 City of St. Louis Park City Council Agenda Item # 6b Meeting of November 16, 1998 6b 1999 Budget Proposal for Special Service District #2 This report considers the approval of the 1999 budget and service charges for Special Service District #2. Recommended Action: Close Public Hearing. Motion to approve Resolution setting the Special Service District #2 1999 operating budget and service charges and directing staff to certify the annual service charge to Hennepin County. Background: On December 1, 1997 the City Council approved a resolution imposing a service charge for Special Service District #2. Annually, the City Council must adopt a service charge for the district following a public hearing on the proposed charge. 1999 will be the first year of charges imposed within Special Service District #2. The Council’s action on this budget and service charge proposal will ratify the budget and service charge approved on December 1, 1997. Proposed 1999 Budget and Service Charges The advisory board is recommending approval of a budget of $39,475 and a service charge of $36,397 (in accordance with the December 1, 1997 resolution) for 1999. A copy of the proposed budget is attached and Exhibit A of the Resolution provides a breakdown of the service charges to be imposed on properties within the district in 1999. 1999 City Portion of Service Charge The City incurs service charges for the property located at 3929 Excelsior Boulevard, which is within Special Service District #2. Charges to be paid in 1999 are $109.00. Special Service District #2 Financial Position Special Service District #2 presently does not carry a fund balance. Snow removal services will be provided in Special Service District #2 in 1998 and property owners will be billed individually by the City on a one time basis this month for snow removal services for 1998/99. The City will finance 19 operations (primarily the snow removal and landscape maintenance contracts) until adequate cash balances are available within the district to support it independently. Attachments • 1999 Budget Proposal • Resolution By: David M. Anderson, Economic Development Coordinator Approved by: Charles W. Meyer, City Manager edoffice/98ccmemo/11-16cc2.doc 20 RESOLUTION # _____________ RESOLUTION APPROVING 1998 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT #2 WHEREAS, pursuant to Ordinance No. 2093-97, the City Council created Special Service District #2 (the “District”). The specific properties located within the District are identified on Exhibit A attached hereto, and; WHEREAS, pursuant to Resolution No. 97-165, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2008 for taxes payable in said year, and; WHEREAS, pursuant to Section 2.04 of Resolution No. 97-165, the maximum service charge to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area, and; WHEREAS, 1999 is the first year of imposition of the full service charge within the district and is not subject to the inflation adjustment cap, and; WHEREAS, pursuant to Section 3 of Resolution No. 97-165, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, and; WHEREAS, the City is required by Statute to certify assessments to the County by November 30, 1998. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 1999 Budget for Special Service District #2 of $39,475 is hereby approved as recommended by the Special Service District #2 Advisory Board. 2. The 1999 service charge for Special Service District #2 of $36,397 is hereby approved as recommended by the Special Service District #2 Advisory Board and service charges shall be imposed in the amounts and against the properties specified on Exhibit A attached to this Resolution. Attest: Adopted by the City Council November 16, 1998 City Clerk Mayor Reviewed for Administration: City Manager 21 City of St. Louis Park City Council Agenda Item # 6c Meeting of November 16, 1998 6c. Public hearing and First Reading of Amendments to the Zoning Ordinance Case No. 98-9-ZA Amendments to the Zoning Ordinance to permit medical, optical and dental laboratories in industrial zoning districts with conditions Recommended Action: Mayor to close the public hearing. Motion to approve First Reading of an ordinance amending the Zoning Ordinance relative to medical, optical, and dental laboratories and to set Second Reading for December 7, 1998. Background: Health Systems Minnesota (HSM, which includes Park Nicollet and Methodist Hospital), has expressed an interest in having the opportunity to locate a medical and optical laboratory in an Industrial Zoning District. This request, which is not site specific, has prompted staff to consider whether medical, optical and dental laboratories should be allowed generally in industrial districts. Medical and dental laboratories which craft prosthetics are currently permitted with conditions in the C-2 General Commercial District. On April 15, 1998 the Planning Commission initiated amendments to the Zoning Ordinance to permit medical laboratories in industrial zones. In addition, the Planning Commission discussed the need to clarify and possibly expand the description of medical and dental laboratories. Staff is therefore proposing changes to the Zoning Ordinance as follows: Under Sect. 14:5-3 Land Use Descriptions and Characteristics, D. Commercial Uses: “16. MEDICAL, OPTICAL AND DENTAL LABORATORIES - Facilities in which medical specimens are analyzed and individually produced and made to order medical, optical, and dental prosthetics products are crafted for the specific needs of specific individuals. Characteristics may include hours of operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outdoor storage; and occasional visitation by customers needing specialized attention as to the make-up and fit of their specific prosthetic product, except within the industrial districts.” In the I-P and I-G Industrial Districts: PERMITTED WITH CONDITIONS: 22 Medical, Optical and Dental Laboratories: 1. No direct delivery of health related examination, services or treatment to customers on an appointment or walk-in basis. In addition, the “Land Use by Zoning District” chart would be updated to reflect the proposed changes, and Optical Laboratories would be added as a use permitted with conditions in the C-2 Zoning District. The Planning Commission recommended approval of the proposed changes on October 21, 1998. One Commissioner suggested a minor change to the proposed new language, which is reflected in the above underlined text. Issues: • Are the proposed changes to the description of medical laboratories appropriate? • Are medical, optical and dental laboratories an appropriate use in industrial districts and under what conditions? Issues Analysis: Are the proposed changes to the description of medical laboratories appropriate? The definition in the Zoning Ordinance of medical and dental laboratories currently includes only the production and crafting of individual medical and dental prosthetics. The proposal is to add optical laboratories as a permitted type of laboratory, and to expand the permitted activities to include the production of other types of medical, optical and dental products and the analysis of medical specimens. The proposed changes have resulted from discussions with health professionals, the Planning Commission, and other City departments. Staff believes the changed description will more accurately reflect the nature and activities of medical-type laboratories, without intensifying the use or expanding the definition beyond what is appropriate. Are medical, optical and dental laboratories an appropriate use in industrial districts and under what conditions? Medical and dental laboratories are currently permitted in the C-2, Commercial district only, with the condition that the use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. Medical, optical and dental laboratories are proposed to become uses that are permitted with conditions in the I-P and I-G Industrial districts. The condition would be to prohibit any direct customer service, which would continue to be permitted for labs in the C-2 district. Staff believes these laboratories are an appropriate use in industrial districts, as they are similar to other uses which are currently permitted or permitted with conditions. Medical, optical and dental 23 laboratories, like other high technology processing facilities, involve frequent transport of materials, skilled workers, and no direct customer service. These uses can also require some warehousing space. Direct customer service is proposed to be prohibited to minimize conflicts with other types of industrial traffic. With this condition, staff believes the use to be appropriate for industrial districts. Recommendation: Staff and the Planning Commission recommend adoption of amendments to the Zoning Ordinance as described on the attached proposed Ordinance. Attachments: • Proposed Ordinance to amend Zoning Ordinance regarding medical, optical and dental laboratories Prepared by: Sacha Peterson Approved by: Charles W. Meyer, City Manager 24 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-2, 14:5-3, 14:5-7.2 & 3, AND 14:5-5.3 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 98-9-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:5-2, 14:5-3, 14:5-7.2 & 3, and 14:5-5.3 are hereby amended to read as follows: 14:5-2 LAND USE BY ZONING DISTRICT R-1 R-2 R-3 R-4 R-C C-1 C-2 0 IP IG COMMERCIAL USES Medical, Optical and Dental Laboratories N N N N N N PC N PC PC (N=Not Permitted; PC=Permitted with Conditions) 14:5-3 LAND USE DESCRIPTIONS AND CHARACTERISTICS D. COMMERCIAL USES 16. MEDICAL, OPTICAL AND DENTAL LABORATORIES - Facilities in which medical specimens are analyzed and individually produced and made to order medical, optical and dental prosthetics products are crafted for the specific needs of specific individuals. Characteristics may include hours of operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outdoor storage and occasional visitation by customers needing specialized attention as to the make-up and fit of their specific prosthetic product except in industrial districts. 14:5-7.2 and -7.3 “I-P” and “I-G” INDUSTRIAL DISTRICTS 25 C. USES PERMITTED WITH CONDITIONS: Medical, Optical and Dental Laboratories: 1. No direct delivery of health related examination, services or treatment to customers on an appointment or walk-in basis. 14:5-5.3 “C-2” COMMERCIAL DISTRICT C. USES PERMITTED WITH CONDITIONS: 14. Medical, Optical and Dental Laboratories Conditions: a. The use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. Sec. 3. The contents of Planning Case File 98-9-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council December 7,1998 Attest: City Clerk Mayor Reviewed for Administration: Approved as to Form and Execution: City Manager City Attorney 26 City of St. Louis Park City Council Agenda Item # 6d Meeting of November 16, 1998 6d. Amendments to the Subdivision Ordinance and Zoning Ordinance Case No. 98-32-SO/ZA Proposed changes to the Subdivision and Zoning Ordinances to ensure consistency between the two documents. Recommended Action: Motion to continue the public hearing until December 7, 1998 Background: On September 16 the Planning Commission initiated changes to the Subdivision Ordinance and on October 7 initiated changes to the Zoning Ordinance. The purpose of the proposed changes is to address some minor inconsistencies and other issues, which have become apparent as the relatively new Subdivision Ordinance has been applied to several new plats. The Zoning Ordinance is proposed to be changed to make street width requirements consistent with those of the Subdivision Ordinance. On November 2, 1998 staff requested a continuance until November 16, 1998 to enable staff to meet with the City attorney and possibly make further changes to the Subdivision Ordinance regarding bonding requirements for new developments. Staff has not yet been able to meet with the City attorney, and is requesting another continuance until the December 7, 1998 City Council meeting. If the City Council decides to continue the public hearing, notice of the hearing would be republished for the December 7 meeting. Recommendation: Staff recommends continuing the public hearing until December 7, 1998 to enable staff to further refine the proposed changes to the Subdivision Ordinance and Zoning Ordinance. Attachments: None. Prepared by: Sacha Peterson Approved by: Charles W. Meyer, City Manager 27 City of St. Louis Park City Council Agenda Item # 6e Meeting of November 16, 1998 6e. Case No. 98-31-ZA Zoning Code Text Amendment Amendments to Zoning Ordinance to clarify “parking lot” and “parking business” definitions in various sections, change the definition of “shopping center” to include shopping centers less than 50,000 square feet, and adopt new parking standards for shopping centers. Recommended Action: Mayor to close public hearing. Motion to approve first reading and set second reading for December 7, 1998 Background: Parking requirements for various uses were last studied during the process of writing the Zoning Ordinance which was adopted in 1992. It was found at that time that parking requirements for several uses, especially retail uses, far exceeded actual need. As a result, standards were lowered for a number of commercial uses. The Ordinance established new parking standards for various sized shopping centers (shopping centers by current definition must be at least 50,000 square feet), but no separate requirement was assigned to small shopping centers less than 50,000 square feet (such as strip centers). Instead, individual uses within a small center are figured separately. The proposed Zoning Ordinance amendments would set a standard for shopping centers less than 50,000 square feet. In addition, there is some confusion in the Ordinance due to the use of the terms “parking lot” and “parking business” in the commercial, office and industrial use districts. It is proposed that the terminology be unified. The Planning Commission, acting as a committee due to lack of quorum, reviewed this case on October 21, 1998, and recommended approval of adopting a parking standard of 1 space for each 200 square feet of gross floor area for shopping centers under 50,000 square feet. Upon further consideration, and review of parking counts for this use, staff would recommend reducing the parking requirements for all shopping centers to 1 space for each 220 square feet of gross floor area. (See attached Ordinance). 28 Analysis: Parking Requirements for Small Shopping Centers Currently the Zoning Ordinance contains the following parking requirements for shopping centers: Shopping Centers (by current definition must be a minimum of 50,000 square feet) one (1) space for each 200 gross square feet for shopping centers over 100,000 square feet, and one (1) space for each 220 gross square feet for shopping centers less than 100,000 square feet. Grocery stores within shopping center would require one (1) space for each one hundred eighty (180) gross square feet of floor area. Food service including designated seating areas located within shopping centers shall require one stall per 200 square feet of gross floor area for up to 2% of the gross floor area of the shopping center. Food service exceeding 2% of the gross floor area of the shopping center gross floor area shall require one stall per 25 square feet of customer service area. As a part of this analysis, parking counts were taken at a number of local shopping centers and strip centers. The results of these counts (see attached), plus counts taken in 1987 and 1988 show that although none of the shopping centers except Texa Tonka provides the number of parking stalls required by the Ordinance, no parking lot was full at any time that cars were counted. It was also found that such uses as bagel shops and coffee shops do not have the same parking demand as full service restaurants, either with or without liquor. It is staff’s recommendation, therefore, that the definition of “shopping center” be modified to eliminate the minimum size and that parking standards for all shopping centers should be 1 space for each 220 square feet of gross floor area. It is proposed that some uses, when located within shopping centers, be figured separately. These uses include theaters, grocery stores and full service restaurants. Proposed language is attached. “Parking Lots” and “Parking Business” Currently the Zoning Ordinance allows a “parking lot” as principal use in the O, IP, and IG use districts. There is no reference to “parking business” in these use districts. The Zoning Ordinance allows “parking business” (but not “parking lot”) as a principal use in the C1 and C2 use districts. It is proposed that in the C1 and C2 Use Districts, that the land use “parking business” be changed to read “parking lot”. 29 This change will add conformity to terms used in the Zoning Ordinance and will allow municipal parking lots located in C1 and C2 districts to be conforming land uses. Attachments: Parking Study Results Proposed Ordinance Amendments Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager 30 Parking Study--Shopping Centers Westwood Shopping Center Gross Floor Area: 52,022 Square Feet Parking Required: ~250 Parking Provided: 166 Foot Clinic, Therapeutic Massage, Prout’s TV, Take & Bake Pizza & Subs, Tax Shop, Rainbow’s End, Coast to Coast Hardware, Snyder Drug, Almstead’s SuperValue, Top Temporary, Pilgrim Cleaners, Action Photo, Fontainebleau Salon, Liquor, Sichaun Restaurant Date Time Number 10/13/98 10:30 a.m. 63 10/13/98 12:20 p.m. 78 10/14/98 2:15 p.m. 85 10/14/98 4:15 p.m. 92 11/25/87 11:30 a.m. 124 12/18/87 3:10 p.m. 126 5/14/88 1:45 p.m. 108 6/4/88 3:00 p.m. 113 10-20-98 6:40 p.m. 75 Texa-Tonka Shopping Center Gross Floor Area: 51,960 Square Feet Parking Required: 236 Parking Provided: 274 Bike Shop, Ax-Man Surplus, Laundry, Euro Gourmet, Mr. Movies, MaCamania, Tom Thumb, World Perks Coffee and Tea, Art Direct, New York Bakery, Marie B’s Restaurant, COP Shop Date Time Number 10/13/98 10:25 a.m. 57 10/13/98 12:15 p.m. 74 10/14/98 2:10 p.m. 45 10/14/98 4:10 p.m. 28 11/25/87 11:45 a.m. 103 12/17/87 12:40 p.m. 110 12/19/87 2:00 p.m. 145 5/14/88 1:40 p.m. 121 6/4/88 2:50 p.m. 132 10/20/98 6:35 p.m. 46 31 Miracle Mile Shopping Center Gross Floor Area: 144,476 Square Feet Parking Required: 722 Parking Provided: 452 GNC Nutrition Center, A.C.E.S. Air Combat Simulation, Tennis Shop, Sandwich Express,China Jade Restaurant, Progressive Beautique, Half Price Books, Once Upon A Child, On Your Toes School of Dance, St. Louis Park Hardware, Dell Fabrics, Hallmark Friendship Shop, Mail Boxes Etc., Creative Expressions, Woody’s Unfinished Furniture, Page Mart Customer Center, It’s All About Games, Design Line Salon, Cleaners, New Balance, Schuler Shoes, Cafe Sorella, Ostlund Jewelers, Snyder Drug Date Time Number 10/13/98 10:00 a.m. 168 10/13/98 12:00 p.m. 245 10/14/98 2:00 p.m. 235 10/14/98 3:55 p.m. 196 12/16/87 11:25 a.m. 267 12/19/87 2:15 p.m. 272 5/14/88 1:30 p.m. 265 6/4/88 2:40 p.m. 278 10/20/98 6:20 p.m. 188 Minnetonka Park Gross Floor Area: 9,840 Square Feet Parking Required: 82 Parking Provided: 47 Video Update, Papa John’s Pizza, Vic’s Liquor, Big City Bagels Date Time Number 10/13/98 10:20 a.m. 16 10/13/98 12:10 p.m. 22 10/14/98 2:05 p.m. 11 10/14/98 4:05 p.m. 14 10/20/98 6:30 p.m 17 32 McDonald’s-- Excelsior Blvd. Gross Square Feet: 3,800 Square Feet Parking Required: 64 Parking Provided: 75 Date Time Number 10/15/98 12:10 p.m. 46 McDonald’s-- 6320 Lake Street Gross Square Feet: 3,550 Square Feet Parking Required: 59 Parking Provided: 83 Date Time Number 10/15/98 12:00 p.m. 18 33 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-3.D.29, 14:5-5.2.B.6, 14:5-5.3.B.14 AND 14:6-1.3.A.42 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. 98-31-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:5-3.D.29, 14:5-5.2.B.6, 14:55.3.B.14 AND 14:6-1.3.A.42 are hereby amended to read as follows: Section 14:5-3.D.29 (Definitions) SHOPPING CENTER - A group of commercial uses planned, developed and/or managed as a unit which has common parking facilities and contains a minimum of 50,000 square feet of total floor area. Shopping centers may include more than one building and more than one contiguous property. Theaters and restaurants with liquor full service restaurants which locate within shopping centers will be considered separate principal uses for establishing parking requirements. Section 14:5-5.2 “C-1”, NEIGHBORHOOD COMMERCIAL DISTRICT B PERMITTED USES 6. Parking Business Parking Lot Section 14:5-5.3 “C-2”, COMMERCIAL DISTRICT B, PERMITTED USES 14. Parking Business Parking Lot Section 14:6-1.3 NUMBER OF REQUIRED OFF STREET PARKING SPACES A. REQUIRED PARKING 34 42. Shopping Centers. one (1) space for each 200 220 gross square feet for shopping centers over 100,000 square feet, and one (1) space for each 220 gross square feet for shopping centers less than 100,000 square feet. Grocery stores within shopping centers would require shall provide one (1) space for each one hundred eighty (180) gross square feet of floor area. Parking requirements for full service restaurants and theaters shall be figured separately. Restaurants which provide less than full service and food service including designated seating areas located within shopping centers shall require one space per 200 220 square feet of gross floor area when restaurants constitute less than for up to 2% 50% of the gross floor area of the shopping center. If restaurants and food service constitute exceeding 2% 50% or more of the gross floor area of the shopping center, the area exceeding 50% shall require one space for each 25 square feet of customer service area. Sec. 3. The contents of Planning Case File 98-31-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council December 7, 1998 Attest: City Clerk Mayor Reviewed for Administration: Approved as to Form and Execution: City Manager City Attorney 98-31/N/res/ord 35 City of St. Louis Park City Council Agenda Item # 6f Meeting of November 16, 1998 6f. Public Hearing on the Levying of Assessments for Delinquent Fees and Charges This action adds to the responsible party’s 1999 property taxes any delinquent City utility charges and other fees Recommended Action: Mayor to close the public hearing. Motion to adopt resolution to assess delinquent water, sewer, refuse and other fees and charges. Background: The City Council is authorized to direct the assessment of delinquent utility accounts, nuisance abatements, false alarm fee, tree removal / injection and other miscellaneous charges after hold a public hearing. The public hearing is schedule for Monday November 16, 1998 at 6:30 p.m. in Council Chambers. The public hearing is similar to ones held for special assessments associated with improvement projects. Accounts remaining delinquent and unpaid on November 23, 1998 will be sent to the County for inclusion with next year’s property tax bill. This process follows the same schedule each fall and is developed from the County’s deadline for filing certified totals near the end of November. The Process Prior to the Hearing: In advance of the public hearing date, individual letters are mailed to property owners advising them of the assessment and their right to be heard before Council. Balances 60 days past due at the beginning of October are considered delinquent. Individuals had until Monday, November 9th to request a hearing. No one requested a hearing and no one is expected to appear Monday evening. The majority of property owners pay their assessments prior to the deadline or allow the amounts to be certified to their property tax bills. There are several hundred property owners who do contact the City with questions about their outstanding balance, the certification process and/or payment arrangements. The entire process starting with the generation of the initial notices (approximately 1,000 letters this year) through to transmittal of final numbers to the County continues to be a significant work project for staff. Update: 1997 Payment Plan Arrangements The format for payment plan arrangements was modified last year. The amounts developed for each plan included amounts to keep the accounts current in addition to the delinquent balance. 36 Unfortunately, of the approximate 45 agreements made, only 8 to 10 individuals actually completed their payments schedules and kept their accounts current through this year. The large majority of individuals made only a few payments which has resulted in higher delinquent balances this year. Staff has not offered additional payment arrangements to these individuals. Development of the payment plans consumes a great deal of staff time. These accounts also require special attention during the year to track payments in accordance with the terms of each plan. Given the poor results of the program - in terms of the percentage of individuals benefiting from the program - it may not be worthwhile to continue in its present format. Staff will be monitoring the agreements during 1999 and report back to Council prior to the certification process next year. Analysis: The following delinquent charges for 1997 (with prior years comparisons) are eligible for assessment. The amounts shown do not include interest or the $25 per account administrative fee. Change 98 over 97 1998 1997 $% Utility Accounts 204,158$222,239$(18,081)$ -8.14% Tree Removal / injection 10,913 4,094 6,819 166.55% Grass/weed cutting 761 1,161 (400) -34.45% False alarms / misc.5,607 12,575 (6,968) -55.41% Total 221,439$240,069$(18,630)$ -7.76% Attachments: • Resolution Prepared by: Kathleen McBride, Director of Finance Approved by: Charles W. Meyer, City Manager 37 RESOLUTION NO. RESOLUTION LEVYING ASSESSMENT AND REASSESSMENT FOR DELINQUENT UTILITY ACCOUNTS, TREE REMOVAL / INJECTION, NUISANCE ABATEMENTS, FALSE ALARM FEES AND OTHER MISCELLANEOUS CHARGES WHEREAS, the City council has heretofore determined by ordinance the rates and charges for water, sewer and refuse services of the City and has provided for the abatement of tree removal/injection, grass/weed cutting and other miscellaneous charges to a home or business shall be at the expense of the owners of the premises involved; and WHEREAS, all such sums become delinquent and assessable against the property served under Section 6-158, Section 6-206, Section 9-103, Section 9-110, Section 11-1004 of the St. Louis Park Ordinance Code and Minnesota Statutes 18.023, 18.271, 443 and 429; and WHEREAS, the City Clerk has prepared an assessment roll setting forth an assessment against each tract or parcel of land served by water, sewer and refuse services of the City or charged for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid on November 23, 1998; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that said assessment roll is hereby adopted and approved, and there is hereby levied and assessed or reassessed against each and every tract of land described therein an assessment in the amounts respectively therein set forth, which assessment are hereby determined to be delinquent service charges for the costs of abating grass/weed cutting, tree removal/injection, false alarm fees and other miscellaneous charges which remain unpaid on November 23, 1998; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to deliver said assessment or reassessment roll to the Auditor of Hennepin county for collection of the assessment in the same manner as other municipal taxes are collected and payment thereof enforced with interest from the date of this resolution at the rate of six point eight percent (6.8%) per annum. Adopted by the City Council November 16, 1998 _________________________________ Mayor Attest: Reviewed for Administration: _____________________________ _________________________________ City Clerk City Manager 38 City of St. Louis Park City Council Agenda Item # 8a Meeting of November 16, 1998 8a. Resolution for Gambling Premises Permit for Texa-Tonka Lanes at 8200 Minnetonka Blvd, St. Louis Park, MN 55426 St. Louis Park Boys Traveling Basketball Association Gambling Premises license at 8200 Minnetonka Blvd, St. Louis Park, MN 55426 Recommended Action: Motion to approve gambling premises permit. Background: The St. Louis Park Traveling Basketball Association has submitted an application for a Gambling Premises Permit at 8200 Minnetonka Blvd in St. Louis Park. The application is for a Class A license which includes pulltabs. The City Council must approve the license before it is submitted to the State Gambling Control Board. A copy of the resolution passed by the Council will be submitted to the State. Police Investigation: The Police Department has reviewed the application. The principles have been investigated and approved. Recommended Action: Section 1300-1606 of the City’s Ordinance Code requires notification to be sent by mail to property owners located within 350 feet of the site where the lawful gambling is proposed. This provision has been met. Attachments: Resolution Prepared by: Cindy Kaiser, Licensing/CSR, 924-2504 Approved by: Charles W. Meyer, City Manager 39 RESOLUTION NO.______________ A RESOLUTION OF THE ST. LOUIS PARK CITY COUNCIL APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING FOR THE ST. LOUIS PARK TRAVELING BASKETBALL ASSOCIATION WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Section 13-1600 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed below meets the criteria necessary to receive a premises permit, and the application is hereby approved ST. LOUIS PARK BOYS TRAVELING BASKETBALL ASSOCIATION AT TEXA-TONKA lANES AT 8200 MINNETONKA BLVD., ST. LOUIS PARK, MN 55426 Attest: Adopted by the City Council November 16, 1998 City Clerk Mayor Reviewed for Administration: City Manager 40 City of St. Louis Park City Council Agenda Item #8b Meeting of November 16, 1998 8b. Resolution for Gambling Premises Permit for Bunny’s Bar & Grill at new location at 5916 Excelsior Blvd, St. Louis Park, MN 55426 St. Louis Park Boys Hockey Boosters Gambling Premises license at 5916 Excelsior Blvd, St. Louis Park, MN 55426 Recommended Action: Motion to approve gambling premises permit. Background: The St. Louis Park Hockey Boosters has submitted an application for a Gambling Premises Permit at 5916 Excelsior Blvd. in St. Louis Park. They currently hold a Gambling Premises Permit at Bunny’s location at 4730 Excelsior Blvd in St. Louis Park and wish to transfer it to the new Bunny’s location. The application is for a Class A license which includes pulltabs. The City Council must approve the license before it is submitted to the State Gambling Control Board. A copy of the resolution passed by the Council will be submitted to the State. Police Investigation: The Police Department has reviewed the application. The principles have been investigated and approved. Recommended Action: Section 1300-1606 of the City’s Ordinance Code requires notification to be sent by mail to property owners located within 350 feet of the site where the lawful gambling is proposed. This provision has been met. Attachments: Resolution Prepared by: Cindy Kaiser, Licensing/CSR, 924-2504 Approved by: Charles W. Meyer, City Manager 41 RESOLUTION NO.______________ A RESOLUTION OF THE ST. LOUIS PARK CITY COUNCIL APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING FOR THE ST. LOUIS PARK HOCKEY BOOSTERS WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Section 13-1600 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed below meets the criteria necessary to receive a premises permit, and the application is hereby approved ST. LOUIS PARK BOYS HOCKEY BOOSTERS AT BUNNY’S BAR & GRILL AT 5916 EXCELSIOR BLVD., ST. LOUIS PARK, MN 55426 Attest: Adopted by the City Council November 16, 1998 City Clerk Mayor Reviewed for Administration: City Manager 42 City of St. Louis Park City Council Agenda Item # 8c Meeting of November 2, 1998 8c. Official Map Amendment - Trail Designation Portion of Hutchinson Spur Property near 31st St. Case No. 98-30-OM Second Reading of an ordinance amendment to delete a trail designation from the centerline of the old Hutchinson Spur railroad corridor near 31st Street. The trail will be developed on adjacent Aquila Park property, Aquila School property, and the eastern three feet of the future Aquila Place lots north of 31st Street Recommended Action: Approve Second Reading of an ordinance that amends the Official Map trail designation and authorize publication.. Background: In 1984, the City passed an ordinance placing the center 35 feet of the Hutchinson Spur railroad corridor on the official map for future public use. The City’s Comprehensive Plan designated the property as a proposed major pedestrian/bicycle route. The Hutchinson Spur property was subsequently purchased by McCullough Companies for potential development. In January, 1998, the City authorized a Master Plan Study of the Hutchinson Spur Regional Trail by Close Landscape Architecture in conjunction with SRF. A neighborhood meeting was held on April 28, 1998 to receive public input regarding use and alignment of the trail. The neighborhood meeting included discussion of McCullough Companies’ interest in developing part of the old railroad corridor. The remaining portions were being purchased by the City for the trail. It was noted that the developable areas were adjacent to public land that could accommodate most of the trail alignment. A preliminary plat (called Aquila Place) for development of eleven single-family homes on the Hutchinson Spur property near 31st Street was approved on August 3, 1998 subject to certain conditions. One condition addressed amending the Comprehensive Plan to move the trail designation from most of the Hutchinson Spur property to adjacent public property prior to Final Plat. The City purchased a trail easement over the eastern three feet of the proposed lots north of 31st Street to accommodate a portion of the trail. The City Council approved the Comprehensive Plan amendment on July 20, 1998. The Official Map must be amended to remove the trail designation prior to issuance of building permits. The Planning Commission considered the Official Map amendment on October 7, 1998 and recommended approval on a vote of 6-0. The City Council approved First Reading on November 2, 1998. The City Attorney has indicated that it is unnecessary to show the Official Map trail designation on lands that are already in public ownership or for which easements have already been obtained for the trail. Therefore, the proposed ordinance just removes the trail designation from the eleven single-family lots which are being platted. 43 Issues: • Is the proposed amendment consistent with the trail study recommendations? • What is the current status of the development proposal? Analysis of Issues: • Is the proposed amendment consistent with the trail study recommendations? The proposed Official Map amendment to move the trail designation off of the Hutchinson Spur property near 31st Street is consistent with the trail study recommendations. As noted, the trail in that area would be developed on adjacent Aquila Park property and Aquila School property. Due to the proximity of the school improvements in that area, a 3 feet wide trail easement has been maintained on the east side of the Hutchinson Spur property north of 31st Street to accommodate part of the trail. • What is the current status of the development proposal? As noted, the Aquila Place proposal for development of eleven single-family homes on the Hutchinson Spur property near 31st Street has received preliminary plat approval. The Planning Commission recommended approval of the Final Plat on November 2, 1998. The Final Plat is being considered by the Council on November 16, 1998. A public hearing is not required for final plat consideration. Recommendation: Staff and the Planning Commission recommend approval of the Official Map amendment. Attachment: • Proposed Official Map Amendment Ordinance Prepared by: Janet Jeremiah, Planning Manager Approved by: Charles W. Meyer, City Manager 44 ORDINANCE NO.___________ AN ORDINANCE AMENDING OFFICIAL MAP DELETING THE TRAIL DESIGNATION FROM A PORTION OF FORMER HUTCHINSON SPUR PROPERTY NEAR 31ST STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City of St. Louis Park hereby amends the Official Map by Ordinance (Case No. 98-30-OM) by deleting the trail designation on a portion of the centerline of the old Hutchinson Spur railroad corridor near 31st street within the property legally described as follows to-wit: Lots 1-3, Block 1; and Lots 1-8, Block 2; Aquila Place Section 2. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council November 16, 1998 Attest: City Clerk Mayor Reviewed for Administration: Approved as to Form and Execution: City Manager City Attorney 98-30/n/res/ord 45 City of St. Louis Park City Council Agenda Item # 8d Meeting of November 16, 1998 8d. Aquila Place Final Plat Case No. 98-18-S McCullough Companies requests Final Plat approval for 11 single-family lots on Aquila Avenue near 31st Street. Recommended Action: Adopt a resolution approving the Final Plat subject to the conditions included in the resolution. Background: McCullough Companies is requesting final plat approval for eleven single-family lots on a portion of the former “Hutchinson Spur” railroad corridor property immediately north and south of 31st Street. The Planning Commission recommended approval of the preliminary plat, subject to conditions, on July 1, 1998. The City Council approved the preliminary plat, subject to conditions, on August 3, 1998. The proposal also required amendments to the Comprehensive Plan and Official Map to move a trail designation from portions of the property to adjacent public land. The Planning Commission and City Council have approved the amendments to the Comprehensive Plan. The Planning Commission recommended approval of the Official Map amendment on October 7, 1998, and the City Council approved First Reading of the Official Map amendment on November 2, 1998. Second Reading takes place on November 16, 1998. The Planning Commission considered the Final Plat on November 4, 1998 and recommended approval, subject to the conditions proposed by staff, on a vote of 6-0. Comprehensive Plan: R5 (Residential up to 5 units per acre). Zoning: “R-1” Single-Family Residential. Minimum lot size: 9,000 square feet. Issues: • Have all the conditions of Preliminary Plat approval been satisfied? • Have all the requirements of the Subdivision Ordinance been satisfied? • Are there any other issues? Analysis of Issues: • Have all the conditions of Preliminary Plat approval been satisfied (conditions listed in italics)? 1. The area shown as Outlots A and B shall be eliminated from the Final Plat. The remaining lots and easements shall be as shown on the Preliminary Plat exhibits. The Preliminary Plat assent form and exhibits shall be signed by the applicant and owner before the Final Plat application is 46 accepted as complete. The site shall be developed, used, and maintained in accordance with the official exhibits. The portions of this condition that needed to be satisfied prior to Final Plat have been met. The last sentence will be carried over as part of the Final Plat approval. 2. 31st Street West shall be dedicated as street and utility right-of-way on the Final Plat. This condition has been met. 3. Park and trail dedication fees in the amount of $12,375 shall be paid prior to execution of the Final Plat. The fees will need to be submitted before the City will sign the Final Plat for recording. This condition will be carried over as part of the Final Plat approval. 4. If the Comprehensive Plan is not amended to move the trail designation to adjacent public property, a 14 feet wide trail easement shall be dedicated along the east side of all proposed single-family lots prior to execution of the Final Plat, and a new Tree Preservation Plan shall be submitted and approved by the Zoning Administrator prior to any site work. The City has approved the Comprehensive Plan amendment subject to Metropolitan Council approval. Although the Metropolitan Council has not yet confirmed approval, staff does not have any concerns, since the Metropolitan Council’s interest is regional systems and an alternative location for the regional trail is being developed. 5. Final grading plans for the three lots north of 31st Street shall be coordinated with trail grading plans and approved by Public Works prior to any site work. Due to the location of the trail on a portion of these three lots, no private fences may be located within five feet of the rear lot lines of these lots. This condition will be carried over as part of the Final Plat approval. 6. Approval from the Watershed District and other agencies shall be obtained as necessary prior to any site work. This condition will be carried over as part of the Final Plat approval. 7. Final utility plans shall be approved by the utility companies and Public Works prior to any site work. This condition will be carried over as part of the Final Plat approval. 8. The Official Map shall be amended to move the trail designation prior to issuance of any building permits. 47 The City Council will likely be taking final action on the Official Map amendment during the same meeting as Final Plat consideration. However, since the Official Map is amended by ordinance, the amendment will not take effect until 15 days after publication of the ordinance amendment. Ordinance amendments are typically published 10 days after final Council action. The typical 25 day waiting period may create a timing problem for the applicant, since he is likely selling the property to one builder who is hoping to receive a building permit immediately after recording the Final Plat. The builder would like to get the foundation in this Fall for a model home, so that it is ready for the Parade of Homes next Spring. The Council has the authority to allow issuance of building permits for properties with Official Map designations in special circumstances. Since all of the approvals will be complete, the Council may agree to issue the permit. Unless staff is instructed otherwise by the Council, it will issue permits provided that all requirements, such as the development agreement and financial sureties, are in place prior to issuance of permits. 9. The watermain easement shall be accurately located on Lot 6 of Block 2 prior to issuance of any building permits for that lot. This condition will be carried over as part of the Final Plat approval, because Public Works and Inspections would like the building plans to show the easement to ensure that there will not be any encroachments. 10. 5 feet wide sidewalks shall be constructed at the applicant’s expense along the east side of Aquila Avenue/Aquila Place where the right-of-way abuts the proposed plat. Sidewalk construction documents shall be coordinated with final grading plans and approved by Public Works prior to any site work. The entire sidewalk shall be installed or a Letter of Credit shall be submitted in the amount of 1-1/2 times the cost of the sidewalk improvement prior to issuance of any occupancy permits. The required sidewalk is shown on the Utility and Sidewalk Plan that has been submitted as part of the Final Plat application. The condition will still be carried over to ensure that the construction documents are coordinated with final grading plans and financial sureties are held if occupancy permits are requested prior to completion of the entire sidewalk. 11. All streets, sidewalks, and other public improvements shall be repaired as necessary at the expense of the applicant prior to issuance of any occupancy permits. This condition will be carried over as part of the Final Plat approval. • Have all the requirements of the Subdivision Ordinance been satisfied? Plans & Application Materials: All required plans and application materials have been submitted. The Title Report has revealed some problems with easements that were required to be recorded as part of the City’s purchase agreement for lands to the north and south of the platted property. The City Attorney has recommended that we require evidence that those easements have been properly recorded prior to the City executing the Final Plat. This will be included as a condition of Final Plat approval. The owner’s 48 title insurance is being amended to insure the City’s interest in the plat. The amount still needs to be determined by the City prior to signing the Final Plat. Address Maps: Ten copies of the address map have been submitted for distribution in accordance with the Zoning Administrator’s recommendations for addresses. Development Contract: Before the Final Plat is signed by the City, the subdivider must pay all applicable fees (such as park and trail dedication fees) and enter into a development contract setting forth the conditions under which the plat is approved. This will be carried over as a condition of Final Plat approval. Prior to issuance of building permits, the applicant will also be expected to reimburse the City for the attorney’s fees related to reviewing title documents and preparing the development contract. Financial Security: Before the Final Plat is signed by the City, the subdivider shall also furnish the City financial security in the form of a cash escrow or letter of credit to cover the cost of utilities, streets (in this case, just sidewalks and street repair), erosion control, landscaping (tree replacement, etc.), any special assessments, Public Works fees, and sewer access charges (a metropolitan region fee). Recording & Electronic Copy: Within 60 days of 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 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 in an electronic format. As-built Drawings: The Public Works Department requires submission of reproducible “as-built drawings” when improvements are complete. Underground Public and Private Utilities: Telephone, cable TV, electric, gas, plus all other utility service lines are to be placed undergound. • Are there any other issues? Street Lighting: During review of the Preliminary Plat, the Planning Commission commented that street lighting in this area is inadequate. Staff has discussed this issue with Public Works and the City Attorney. Since new streets are not being proposed, and lighting in the entire neighborhood is apparently less than ideal, it has been deemed appropriate to address the lighting as part of a more comprehensive improvement plan that would be assessed to all property owners in the area. Site Grading: A note on the plans states the following: Site grading will not be done in conjunction with either preliminary or final plat approval. Grading will be done on an individual lot basis at time of house construction. Erosion control shall be the responsibility of individual lot builders at the time of house construction and is subject to change based on actual building plans/construction. This raises concerns, due to the potential difficulty in coordinating grading plans between individual lots and with trail and sidewalk construction. If one builder purchases all the lots, as seems likely, it should be easier to coordinate the plans and ensure that everything works in concert. Staff recommends addressing this issue in the development agreement. 49 Recommendation: Staff and the Planning Commission recommend approval of the Final Plat subject to the following conditions: 1. The site shall be developed, used, and maintained in accordance with Exhibit A: Final Plat, Exhibit B: Utility & Sidewalk Plan, and Exhibit C: Grading, Tree Removal and Replacement Plan, such documents incorporated by reference herein and modified only according to approved final construction plans. 2. Prior to the City signing the Final Plat, the following is required: a) correction of the legal descriptions and evidence of recording of the temporary and permanent trail easement and stormwater easement; a) execution of the development agreement. The mayor and City Manager are authorized to execute said document; b) owner’s policy of title insurance shall be amended to insure the City’s interest in the plat in an amount determined by the City; c) execution of covenants preventing private fences from being located within five feet of the rear lot lines of Lots 1-3 of Block 1; d) submission of park and trail dedication fees in the amount of $12,375; e) financial securities for utilities, sidewalks, street repair and cleaning, erosion control, landscaping (tree replacement, etc.), special assessments and real estate taxes (if applicable), Public Works fees, and sewer access charges. 3. Prior to beginning any site work, the following is required: a) approval of final grading plans as required by Public Works to ensure coordination with trail grading and construction; b) approval of sidewalk construction documents as required by Public Works; c) approval of final utility plans by Public Works and utility companies as required; all public and private utilities shall be placed underground d) evidence of approval from the Watershed District and other agencies as required. 4. 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 the City a copy of the final plat on disc in electronic data format. 5. Prior to issuance of building permits, the following is required: a) Evidence of recording the final plat and submission of electronic copy; b) City Council approval of Second Reading of the ordinance to amend the Official Map to move the trail designation; c) Accurate location of the watermain easement on Lot 6 of Block 2 prior to issuance of any building permits for that lot. d) Reimbursement of all City attorney’s fees for reviewing title documents and preparing the development agreement. 6. Prior to issuance of occupancy permits: a) the entire sidewalk shall be installed at the applicant’s expense and to the satisfaction of the Director of Public Works or a Letter of Credit shall be submitted in the amount of 1-1/2 times the cost of the sidewalk improvement; 50 b) all damage to streets, sidewalks and other public improvements shall be repaired as necessary at the applicant’s expense; c) reproducible “as-built drawings” of all completed improvements shall be submitted to the Public Works Department prior to issuance of the final occupancy permit. Attachments: • Proposed Resolution • Proposed Final Plat Exhibits (available in City Clerk’s office) Prepared by: Janet Jeremiah, Planning Manager Approved by: Charles W. Meyer, City Manager 51 RESOLUTION NO. RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF AQUILA PLACE BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Deborah McCullough and McCullough Companies, owners and subdividers of the land proposed to be platted as Aquila Place have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: See Attached Legal Description Conclusion 1. The proposed final plat of Aquila Place is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. The site shall be developed, used, and maintained in accordance with Exhibit A: Final Plat, Exhibit B: Utility & Sidewalk Plan, and Exhibit C: Grading, Tree Removal and Replacement Plan, such documents incorporated by reference herein and modified only according to approved final construction plans. b. Prior to the City signing the Final Plat, the following is required: i) correction of the legal descriptions and evidence of recording of the temporary and permanent trail easement and stormwater easement; ii) execution of the development agreement; the Mayor and City Manager are authorized to execute said document; iii) owner’s policy of title insurance shall be amended to insure the City’s interest in the plat in an amount determined by the City; 52 iv) execution of covenants preventing private fences from being located within five feet of the rear lot lines of Lots 1-3 of Block 1; v) submission of park and trail dedication fees in the amount of $12,375; vi) financial securities for utilities, sidewalks, street repair and cleaning, erosion control, landscaping (tree replacement, etc.), special assessments and real estate taxes (if applicable), Public Works fees, and sewer access charges. c. Prior to beginning any site work, the following is required: i) approval of final grading plans as required by Public Works to ensure coordination with trail grading and construction; ii) approval of sidewalk construction documents as required by Public Works; iii) approval of final utility plans by Public Works and utility companies as required; all public and private utilities shall be placed underground iv) evidence of approval from the Watershed District and other agencies as required. 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 the City a copy of the final plat on disc in electronic data format. e. Prior to issuance of building permits, the following is required: i) Evidence of recording the final plat and submission of electronic copy; ii) City Council approval of Second Reading of the ordinance to amend the Official Map to move the trail designation; iii) Accurate location of the watermain easement on Lot 6 of Block 2 prior to issuance of any building permits for that lot. iv) Reimbursement of all City attorney’s fees for reviewing title documents and preparing the development agreement. f. Prior to issuance of occupancy permits: i) the entire sidewalk shall be installed at the applicant’s expense and to the satisfaction of the Director of Public Works or a Letter of Credit shall be submitted in the amount of 1-1/2 times the cost of the sidewalk improvement; ii) all damage to streets, sidewalks and other public improvements shall be repaired as necessary at the applicant’s expense; iii) reproducible “as-built drawings” of all completed improvements shall be submitted to the Public Works Department prior to issuance of the final occupancy permit. provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk as provided for in Sections 14-303(3)(d) and (e) of the St. Louis Park Ordinance Code. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of 53 the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and Section 14-303(3)(e) of the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 14-303(3)(e), shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council November 16, 1998 Attest: City Clerk Mayor Reviewed for Administration: City Manager 98-19-F/N 54 City of St. Louis Park City Council Agenda Item # 8e Meeting of November 16, 1998 8e. Resolution Awarding the Sale of $4,305,000 in General Obligation Tax Increment Refunding Bonds This action will award the sale of $4,305,000 G.O. Tax Increment Refunding Bonds. The proceeds of the bond sale will refund the 1985 and 1987 B G.O. Tax Increment (variable rate) bonds. Recommended Action: Motion to adopt the resolution. Background: The City Council authorized the sale of the refunding bonds on November 2nd. The proceeds of the refunding issue will be used to prepay the 1985 (Excelsior Boulevard) and the 1987 B (Trunk Highway 7) G.O. Tax Increment Bonds. These two issues are variable rate issues and the current market conditions favor refunding to a fixed rate. It is expected that the overall cost of the new bonds will be lower than the outstanding bonds. A draft awarding resolution is included in this packet. Because the bonds are being sold through an open bid process and the proposals will not be opened until Monday at noon., the exhibits showing the proposals recevied are incomplete. Completed pages will be distributed at the Council meeting. Bond Rating Analysts from Moody’s are currently in the process of rating this issue. It is anticipated that the City will maintain its rating of Aa-1. Other Representatives from Ehlers & Associates will distriibute a Sale Report at the Council meeting and will be available to answer questions. Paul Tietz, Briggs and Morgan, the City’s Bond Counsel, will also attend the Council meeting. Attachments: • (Draft) Resolution awarding the sale of $4,305,000 in G.O. Tax Increment Refunding Bonds Prepared by: Kathleen McBride, Director of Finance Approved by: Charles W. Meyer, City Manager 55 Item 9a* NOTES NEIGHBORHOOD REVITILIZATION COMMISSION SEPTEMBER 9, 1998 – 7:00 P.M. Community Room MEMBERS PRESENT: Shirley Bell, Julie Hart, and Dorothea Moga MEMBERS ABSENT: Kellene Campbell-Duerksen STAFF PRESENT: Martha McDonell, Community Outreach Coordinator, Bridget Wynn- Kienenberger, Recreation Program Manager, Jan Loftus, Administrative Secretary; and Rebecca Belz, Recording Secretary 1. Call to Order/Roll Call: Co-chair Moga called the meeting to order at 7:05 p.m. Mrs. Belz, the Recording Secretary, called roll. Kellene Campbell-Duerksen was absent with cause. It was noted that Commissioner Campbell-Duerksen had delivered a healthy baby girl named Katherine Josephine on August 27, 1998. Congratulations were expressed by all. Commissioners also welcomed Martha McDonell to staff and to the Commission. 2. Approval of Agenda: Question was raised regarding whether Belinda Pinney would be present to discuss information regarding the grant subcommittee and information she was to forward to the Commission. Mrs. Loftus clarified that Belinda Pinney had resigned her position on the Commission, and would not be present to discuss the information she had submitted, however she had submitted and included in the packet the information regarding the list of grant ideas as well as an updated evaluation form draft. It was noted that the staff memo from Judie Erickson regarding the Trail and Sidewalk Study, distributed at the beginning of the meeting, would be addressed under Miscellaneous. Shirley Bell moved, seconded by Julie Hart to accept the agenda as amended. Motion carried unanimously. 3. Reports/Comments: 56 A. Staff: Mrs. Loftus officially introduced and welcomed Martha McDonell as the Community Outreach Coordinator. Mrs. Loftus added that she would continue working with Ms. McDonnell for a time to acclimate her to the Commission and responsibilities associated with it. Ms. McDonell noted that she is currently getting to know the City and staff and the workings of her position. She reported that though her office hours are from 8:30 a.m. to 5:00 p.m. that she is available outside those hours and would then adjust her schedule accordingly. The Commission again expressed their pleasure in her attendance. Co-chair Moga also thanked City staff for bringing the position through to fruition. Mrs. Loftus then noted the inclusion of the letter that was sent to 32 past and current neighborhood leaders. She noted that Ms. McDonnell had received one interest response from resident Sue Santa. Ms. McDonnell forwarded information and phone numbers for additional information. Co-chair Moga then asked for a timekeeper for the meeting. Commissioner Hart volunteered to keep time. B. Commissioners: Commissioner Bell noted that she and Belinda Pinney had been working on a revised evaluation form for the grant application process and that it had been suspended since Belinda Pinney had resigned her position on the Commission. Mrs. Loftus again noted the inclusion of that information. Commissioner Bell then noted that she had an idea to purchase open-air tents to be shared with neighborhoods, and others, for block parties and other neighborhood functions. This opened much discussion regarding the need for funds to be used for “community” type purchases. The Commission and staff agreed that tents and other such equipment that could be shared throughout the City were exemplary ideas. Several funding ideas were discussed including, grant monies for community purchases, shared expense from several City departments, and donations from local businesses. This will be further discussed and researched. C. Subcommittee Reports: 1.) Communication Committee: Co-chair Moga reported that she has appointed John McHugh, Community TV Coordinator, to act as a clerk for the subcommittee. 2.) Grants Committee: 57 Commissioner Bell had given her report under Letter B of Reports and Comments. 3.) Neighborhood Organization Committee: Mrs. Loftus reported on behalf of Kellene Campbell-Duerksen that an organizational meeting for the Blackstone neighborhood had been held July 22, 1998. She noted that the meeting had minimal attendance. She added that she had since followed-up with the attendees via letter which was responded to by resident Chris Johnson who told Mrs. Loftus that another meeting would be held after the City’s Comprehensive Plan Meeting. Mrs. Loftus also reported that the Sorensen neighborhood steering committee would hold a meeting September 10, 1998 to finalize a draft of the bylaws for adoption. They will also schedule an annual meeting for elections and to vote on the proposed bylaws. 4. Approval of Minutes of July 8, 1998: Hearing no changes, Julie Hart moved, seconded by Shirley Bell, to approve the minutes of the July 8, 1998 Neighborhood Revitalization Commission Meeting as presented. The motion carried unanimously. 5. Unfinished Business: Co-chair Moga inquired regarding the letter that was mailed to neighborhood leaders and to the status of volunteers for the Commission. Mrs. Loftus assured the Commission that all regular channels of advertisement have been used and that Council continues to interview and make selections for commission members. She explained that though these processes are working, that not many volunteers have stepped forward. Ms. McDonnell suggested the Commission advertise in some non-conventional ways such as through the civic channel on cable and separate articles in local newspapers selling the NRC in particular. She noted that she would investigate some alternative methods and network with some other area experts and make a report at an upcoming meeting. Mrs. Wynn-Kienenberger further suggested that the Commission consider additional public exposure through attendance and distribution of information during local activities. She suggested this would enhance visibility of the Commission and assist with education of St. Louis Park residents. 6. New Business A. Agenda planning for the Neighborhood Leaders Forum October 14, 1998: 58 Mrs. Loftus noted the inclusion of the last Leaders Forum minutes and questionnaires included in the packet. She thought ideas could be generated for potential topics for the next forum. The Commission acknowledged that not as much progress had been made to the list of action items as they would have liked. However they believed that communication efforts had been enhanced and several channels opened. Through much discussion regarding the agenda and what they would like to convey to the neighborhood leaders, the Commission agreed to hold one presentation during the evening regarding how to attract and retain volunteers. They also decided to hold a leaders panel discussion. The Commission discussed potential panel individuals and how it should be made up. They also addressed poignant items they desired to be communicated during the time. It was also decided to retain the remainder of the agenda as the previous meeting, with the Mayor and City Manager in attendance if possible. Mrs. Loftus noted a scheduling conflict with the October 14th date and suggested switching the regular Commission meeting to October 14th and holding the Leaders Forum October 28, 1998 to allow more time for information distribution and planning. The Commission was in agreement with this arrangement. Mrs. Loftus and Ms. McDonell will forward invitations prior to the October 14, 1998 meeting and then details will be finalized at the regular Commission meeting. The invitation will also include a request to bring neighborhood information for a sort of “neighborhood pride” or “show and tell” as suggested during the discussion. Location of the pending forum was also discussed. It was decided that the meeting would be held at either the Council Chambers at City Hall or the Banquet facility at the new recreation center. During the discussion it was noted that the City had hired a new Parks and Recreation Director. The new Director’s name is Cindy Walsh. B. Ways to enhance Neighborhood Communication: Mrs. Loftus noted that this agenda item resulted from a discussion during the last meeting regarding possibly funding or having funds available to neighborhoods for mailing newsletters. During the discussion it was clearly supported that communication and support is imperative to neighborhood survival and growth. Also during the conversation at the last meeting it had been questioned whether some neighborhoods do already receive financial support for this purpose. Mrs. Loftus investigated and clarified during the current meeting that indeed, the Lenox neighborhood did receive a NRC grant from the City and matched the funds through local businesses. 59 Avenues to educate neighborhoods were discussed. It was decided to forward this issue to the Communications Subcommittee for further investigation. Ms. McDonell will also investigate the cost for bulk rate postage and report back at an upcoming meeting. C. Recruiting – How to be more visible: Ms. McDonell summarized her commitment expressed earlier that she would do some investigating in non-traditional advertisement and report back to the Commission at an upcoming meeting. 7. Miscellaneous: A. Economic Development Strategic Plan: Mrs. Loftus noted that this information had been included in the packet for information only. No discussion was held. B. Trail and Sidewalk Study/NRC Task Force Member: Mrs. Loftus briefly explained that City Council desires to form a Task Force to study the need for Trails and Sidewalks within the City. She further explained that Council desired a member of the NRC to participate in the four meeting, five-month task force. Commissioner Hart expressed an interest in participating if participation on a subcommittee could be delayed until after the Task Force Study is complete. With that, Dorothea Moga moved, seconded by Shirley Bell to appoint Julie Hart as the Neighborhood Revitalization Commission representative on the Trail and Sidewalk Study Task Force. C. November Meeting: Mrs. Loftus noted that the regularly scheduled meeting in November falls on Veterans Day and noted that as required by the bylaws, the meeting will be changed to the next day – November 12, 1998. 8. Agenda: Items for discussion at the next meeting include but are not limited to: * Plan Leaders Forum Agenda and Details. * Agenda and Discussion regarding the Grants Program Informational Meeting. 9. Evaluation: The Commission briefly evaluated the meeting. All agreed this meeting ran smoothly. 60 10. Adjournment: With no other business to come before the Commission, Co-chair Moga adjourned the meeting at 8:55 p.m. 61 Item 9b* NOTES NEIGHBORHOOD REVITILIZATION COMMISSION’S ANNUAL LEADERS FORUM OCTOBER 28, 1998 – 7:00 P.M. REC CENTER, 3700 MONTEREY DRIVE COMMISSION MEMBERS PRESENT: Shirley Bell, Kellene Campbell-Duerksen, and Dorothea Moga STAFF PRESENT: Martha McDonell, Community Outreach Coordinator, Bridget Wynn-Kienenberger, Recreation Program Manager, Jan Loftus, Administrative Secretary; John Luce, Police Chief, Officers Chad Kraazenbrink & John Fisher; and Rebecca Belz, Recording Secretary. RESIDENTS/LEADERS PRESENT: Aquila Lisa Cherches 3414 Texas Ave S 55426 988-8322 Aquila Shirley Olson 3545 Yukon Ave 55426 930-3810 Aquila Sue Santa 3345 Zinran Ave S 55426 938-2436 Birchwood Jean Olson 2919 Vernon Ave 55416 929-4723 Birchwood Nancy Klaber 2804 Vernon Ave S 55416 920-9040 Blackstone (org) Chris Johnson 6206 Cedar lake RD 55426 546-4409 Bronx Park Jackie Wesolowski 2635 Florida Ave S 55426 920-5610 Brookside Kathe Wecker 4141 Webster Ave 55416 925-2821 Browndale David Erickson 4044 Utica Ave 55416 924-0673 Browndale Jane Flannigan 4044 Utica Ave S 55416 924-0673 Browndale Betty Karl 4089 Toledo Ave 55416 924-0673 Cobblecrest Julie Liberman 8915 W 31st 55426 935-1799 Creekside Michelle Bellingham 4069 Alabama AVE 55416 920-9226 Creekside Debbie Blake 4091 Colorado 55416 920-7793 Elliot View Elaine Rider 2270 Kentucky Lane 55426 545-2907 Elmwood John Basill 6208 Oxford St 55416 920-6034 Elmwood Tom Larson Not given Fern Hill Erica Gutmann Strohl 2648 Inglewood Ave 55416 929-7649 Lake Forest Lynne Carper 4010 Highwood Rd 55416 928-9846 Minikahda Oaks Ellen Heck 3336 Glenhurst Ave 55416 926-2778 Minnikahda Vista Bob Polland 3810 Huntington 55416 927-4506 Sorensen Kathleen Perkins 6212 W 35th 55416 925-4208 Texa Tonka Sue Bloyer 2935 Pennsylvania 55426 926-7351 OTHERS PRESENT: Gail Dorfman, Mayor; and Council Members Chris Nelson and Jim Brimeyer, Pat Swiderski, Block Captains Advisory Council 62 1. Welcome: Mayor Gail Dorfman welcomed all in attendance and thanked them for their time and involvement in their neighborhoods. Mayor Dorfman briefly updated the attendees regarding issues currently happening in St. Louis Park. She reported that Town Center Park Commons continues construction, and that the City has recently begun its Sidewalk/Trail study. She also updated those present regarding three policy issues. The first being the proposed redevelopment of the soccer field area near Louisiana and Highway 7. She briefly explained that it had been discussed to build “move-up” single family homes, however due to the overwhelming response from residents, the proposal was rejected. Secondly, she reported on the Aquila railroad and trail issue involving a developer who had purchased much land and planned to develop the sites with homes, etc. Though the neighborhood disagreed with the proposal, the City compromised, purchasing part of the land from the developer to preserve and enhance trails and allowing only part of the land to be developed. Thirdly, she reported on the railroad issue that includes 13 neighborhoods affected by the increase in train traffic. She explained that a task force had been formed to investigate and make a recommendation regarding the issue. The task forces recommendation was clearly and strongly against it. She continued that the City, though taking the recommendation into serious consideration, decided to take another direction. Mayor Dorfman reported that to date, part of the proposed railroad changes are up and running and the City continues to investigate the “interconnect” portion. Mayor Dorfman commented that through some of these decisions, residents had eluded that the City does not value their opinions. She assured those present that she, City Council, and City Staff value what and how they feel and continue to work toward community. Mayor Dorfman strongly supported the neighborhood grant program and encouraged leaders present to utilize the funds available to them. She further suggested an idea to utilize grant funds by hiring an environmental consultant to educate neighborhoods on environmental issues such as composting. In closing Mayor Dorfman again thanked all in attendance for their efforts and involvement in St. Louis Park. 2. Speakers Presentations: The four speakers had been gathered to discuss their experiences with organizing and maintaining neighborhood organizations. Each speaker took a turn starting with Shirley Bell, Commission Member of the Neighborhood Revitalization Commission. Shirley Bell welcomed everyone and gave a brief history of the formation of the Neighborhood Revitalization Commission, how neighborhoods were originally identified, how the grant program was formed, and how neighborhood newsletters began. 63 Mr. David Erickson of the Browndale neighborhood gave some background information on his neighborhood organization, how it had been formed for two years and was formed primarily for social reasons. He explained that when they organized, they consulted bylaws from another neighborhood and that it took a year or so to settle on the current calendar of events. He shared that they currently have a five-person board and do not utilize committees. They hold four general meetings per year and hold four events. The four annual events are: * Skating and Sliding Party (Potluck) * Easter Egg Hunt the Saturday before Easter * Summer Picnic * Scarecrow Making Event the Saturday before Halloween Including a Dollar Dinner and Bonfire. Mr. John Bassil of the Elmwood neighborhood also supported organizing neighborhoods and noted that one of the best parts of serving in his neighborhood is getting to know people and seeing the sense of pride people show throughout their 450 home neighborhood. He also shared the process how his neighborhood formed and offered a suggestion to ease the distribution of newsletters by splitting the neighborhood into sections. Volunteerism has not been a difficult issue for the neighborhood and confirmed an increase in volunteers once information had been distributed. Mr. Bassil reported that they do utilize committees including: * Annual Garage Sale Committee * Recreation Committee * Safety Committee * Socials Committee * Traffic Committee * Welcome Participation Committee He elaborated a bit as to the responsibilities of each committee and noted that often the committee takes complete responsibility in planning events thus relieving pressure on the officers. Pat Swiderski was present to discuss the Block Captains Advisory Council. She reported that the council has been formed for approximately a year and a half and assists in organizing and “training” block captains. She noted that a four-hour Block Captain Training will be held November 7, 1998 which all new and existing block captains are invited to attend. She concluded by reinforcing the goal of the Advisory Council as strengthening and supporting “community” within St. Louis Park. 3. Panel Discussion: Martha McDonell, Community Outreach Coordinator thanked the speakers for their input regarding their experiences organizing and running a neighborhood organization. She introduced staff present and explained her position with Community Outreach. She then turned the time over to the panel for an open forum of questions and answers. The following are some of the information discussed. 64 Q. Where can neighborhood organizations meet? A./S. Schools, Rec Center, City Hall. Q. Will the City provide address labels of residents in a particular neighborhood for mailings, etc.? A./S. It is currently being worked on. Q. How do you get and maintain volunteers? A./S. They m ostly step up on their own. Try having a social event, they seem to step up after such events. A./S. Another suggestion was to keep events simple, have a “sign-in” or “attendance” sheet including phone numbers, and use it to recruit volunteers for next year’s event or the next event. A./S. Another volunteer/recruiting tip offered was to utilize Confirmation students from local churches. Most of them are required to fulfill a certain number of community or volunteer hours. Q. A problem was raised from a neighborhood whose residents move in and out frequently. The question was how to get and keep not only volunteers but also Board or Executive Committee Members for the neighborhood organization? A./S. Obtain a moving list from the City to help target new residents to give them a “Welcome” gift as well as to promote and recruit interested residents. A./S. Look at current demographics of the neighborhood and cater events and programs that would attract those individuals. A./S. Be sure to have a protégé or someone “in training” to take over your position when you are prepared to step down. A./S. Step down from your position and let someone else step up to the call. Often when people see a need, they will fill it. Q. Is a neighborhood a legal entity? A./S. No. Most have not filed for a tax identification number identifying them as a non-profit organization. Q. What is the role of the local merchant? Are they considered residents and participatnts? A./S. Yes, merchants are “neighbors” and usually very willing to support neighborhood organizations and their events. Q. How do you attract single residents? A./S. Twin’s games, advertise that everyone is invited, personally invite a single, personally bring a single person to an event, try not to have every event about a children’s event. Jackie from the Bronx Park Neighborhood noted that her neighborhood had been working on a community garden this summer and will have plots available for the next planting season. She noted that the plots are approximately 15’ x 25’ and would include a $10 rental and also some volunteer help. If interested, call Jackie at 920-5610. Some other non-related suggestions to neighborhoods included: 65 S. Hold a Pink Flamingo Party. It was elaborated that on occasion residents will place a pink flamingo in their yard as a sign that an informal party has commenced. S. Stagger the officers’ terms so you don’t have a large turn over of all leaders at one time. 4. Closing: Ms. McDonell closed the forum at 8:50 p.m. She also thanked everyone for their attendance and invited everyone to stay for refreshments and for further discussion. 66 Item 9c* MINUTES PLANNING COMMISSION OCTOBER 7, 1998 --7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michelle Bissonnette, Paul Carver, Michael Garelick, Ken Gothberg, Dennis Morris, Sally Velick MEMBERS ABSENT: Julie DiGravina STAFF PRESENT: Judie Erickson, Janice Loftus, Sacha Peterson Tour: 5:30 p.m. Planning Commissioners went on a tour of the City with staff. Current and future development sites were visited and discussed. 1. Call to Order - Roll Call Chair Morris called the meeting to order at 7:00 p.m. 2. Approval of Minutes of September 2, 1998 Mr. Gothberg moved approval of the minutes of September 16, 1998 and the motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Morris, and Velick voting in favor. 3. Public Hearings A. Case No. 98-36-CP -- Amendment to Chapter 16 - Plan by Neighborhood of the Comprehensive Plan to incorporate changes to land use designations and text in the Highway 7 and Louisiana Avenue Study Area Judie Erickson, Planning Coordinator, presented the staff report and recommended that the Planning Commission recommend to the City Council approval of the proposed map and text changes to the Oak Hill neighborhood in Chapter 16 of the Comprehensive Plan. Chair Morris stated that the existing road alignment for Louisiana Avenue was not shown on the map and recommended that the alignment of Louisiana be shown on the final plan to avoid any confusion as where the designations are because someone could question the R-50 designation boundaries. Ms. Erickson stated that presently there is no right of way designated legally and this is actually the accurate way to show these parcels on the property data base. The parcels 67 are owned by the City and had not been resubdivided in order to show a dedicated right of way. The right-of-way will be shown on the plans when they go before the City Council. Mr. Gothberg stated that previous task force discussions included some housing up on the west side and questioned if that is part of what is designated as park. Ms. Erickson stated that this area is currently designated as park and City Council did not direct staff to change that designation. Chair Morris clarified that this is the area that is the wooded bluff on the western edge of Oak Park Village. Ms. Erickson concurred. Chair Morris opened the public hearing at 7:15 p.m. Walter H. Rockenstein II of Faegre & Benson LLP, 2200 Norwest Center representing Fairway Outdoor Advertising and parent company Morris Communication, expressed his objection to a single line that was proposed to the Comprehensive Plan that reads: “in addition, redevelopment would require the removal of any existing billboards”. He felt no reason to single out his business for removal as part of the redevelopment. He thought that making this kind of requirement also limited the ability of the City Council and City to make decisions about possibly relocating the signs as part of a redevelopment which is always a much less expensive proposition than removing the signs. Ms. Bissonnette asked which billboard Mr. Rockenstein was referring to. Mr. Rockenstein stated that his objection is to the language, however his understanding is that there are two billboards, one north of the highway and east of Louisiana, and the other south of Highway 7 and West of Louisiana and this is the one where Fairway owns the underlying parcel of land. Chair Morris stated that the reference is on page 16-7 of the attachment to the staff report. Mr. Garelick indicated that in the past there has been a lot of controversy on billboard replacement and removal (Federal level especially). He asked if the City had the power to remove these specific billboards from a given location. Ms. Erickson stated that the City could not remove billboards without purchasing them when located on a State highway, however there are provisions in the Zoning Ordinance which state that in a conditional use permit redevelopment can not occur unless the site is in conformance with the zoning ordinance. Currently, billboards are non-conforming uses. Therefore generally speaking, in order to get a conditional use permit for any 68 property with a billboard located on the property, the billboard would have to come down. On the other hand, if a billboard is located on a separate piece of property that is not going to be redeveloped, the City could not require that the billboard come down, unless there is compensation. Mr. Garelick asked if both of the billboards were on parcels of property that are being looked at to be redeveloped. Ms. Erickson reviewed the location of the billboards and clarified that currently on the north side of Highway 7 there is not a specific redevelopment plan that looked at a site that included a billboard. Mr. Gothberg asked if the City’s ordinance requires that billboards be removed because they would be non-conforming anyway. Ms. Erickson stated that the ordinance requires that if you want to do a redevelopment and the redevelopment requires a CUP, the provisions in the CUP are that the site needs to be brought into conformance with the zoning ordinance. Chair Morris indicated that the Comprehensive Plan is a guideline for future development and in the Comp Plan it states that billboards would be required to be removed when a CUP or zoning ordinance is in question. The City would revert back to the Comprehensive Plan, and accordingly the owner would not be in conformance with the Comprehensive Plan and the redevelopment would need to be in conformance. Mr. Garelick asked if it is the City’s responsibility for liability as far as cost of removing or reimbursing the owner for the billboard. Ms. Erickson clarified that Comprehensive Plan Chapter 15, Policy M states the goal to establish an aggressive program to eliminate non-conforming billboards. Les Erickson of Mill City Plywood, 7301 Walker Street, stated that he sent letters to Janet Jeremiah and City Council stating objection to changing the designation from commercial to residential. He indicated that he had three prospective sales on this property lined up and virtually all of them have been killed by lack of action or action on the City’s part as what can go into his property. He had a deal with Frauenshuh which expired in May and they came to him and told him that rezoning the site from commercial to residential was not money wise and therefore placed undue hardship on his business. Chair Morris clarified that this change was not a zoning change, but a Comprehensive Plan amendment. Ms. Erickson indicated that currently the property is guided for commercial and the zoning on the property is C-2, General Commercial. She stated that industrial uses are not permitted in C-2 districts, therefore the current use, Mill City Plywood, which is an 69 industrial use, is non-conforming. As a non-conforming use, that use would be grandfathered in, but there are several limitations on what could be done to a non- conforming use. Mr. Erickson stated that a proposed buyer would intend to refurbish the building, bring it up code and clean up the site. He believed that if the Comprehensive Plan is changed that this was laying the ground work for a zoning change. Ms. Erickson stated that ultimately this would be correct, but again the Comp Plan looks at long term uses. Mr. Erickson stressed his desire to know more on the short term. During his work on the Highway 7/Louisiana Avenue Task Force, he believed that Frauenshuh was going to share the environmental problem, but now finds that they have not received any cooperation. Chair Morris stated he understands that the Task Force findings and the City Council’s conclusions in their study session are that the best future development for this site is residential development and that the Comprehensive Plan is being amended to show that. Mr. Erickson stated that Frauenshuh had an interest in the environmental impact phase I study and believed they definitely recommend commercial over residential. Agnes Lawless, 3320 Louisiana Avenue South, #107, stated that she enjoys the park and soccer fields and would like to keep the park. She asked if part of the park would be taken to straighten out Walker Street. She believed it would be a great compromise to keep the park and straighten out the street. Ms. Erickson stated that there have been no decisions, recommendations, or feasibility studies that would deal with that issue. Florence Flugaur, 3320 Louisiana Avenue South, #412, stated that she appreciates the park and all the great things it brings to residents and neighboring communities and understood that Walker Street would be straighten out. Chair Morris asked if realignment of Walker Street had anything to do with the proposal of putting in the traffic semaphores. Ms. Erickson clarified that one of the recommendations that came from the Task Force is to move Walker Street farther to the north so that the Mill City Plywood site could be larger and redevelopment on that property could be more feasible. She stated there are several environmental issues, including pollution and soil conditions, with moving Walker street so the full cost of moving it is not determined and probably more than the City might want to spend. 70 Mr. Gothberg commented that there is a real advantage of not having Walker straight because the road currently slows traffic in that area. Anita Peterson, 3441 Rhode Island Avenue South, asked why the cul-de-sac between 35th and 33rd that was put in at the time when they were going to put apartments in is still in the middle of the park land. Ms. Erickson indicated that the right of way was dedicated as part of the original Oak Park Village plat. She stated that she believed the right-of-way had been vacated, but the vacation had not been picked up by the County map makers and is not on county map as yet. Christopher Kunz, 3620 Rhode Island Avenue South, stated he believes it is great to keep the larger part of the area as park, but is concerned about how concrete this plan is and desired to see clarification of land uses for the area. Ms. Erickson clarified land uses on the map and explained the proposed changes for the area in detail. Chair Morris indicated that anything could be changed, but the guiding that is being done here is what is currently being felt in the community and what it would be used for is more or less an administrative decision by the City in terms of whether it is going to be soccer fields or left green. He stated that the area will be open space, but he did not know how it will be utilized in the future. Ms. Erickson stated that there are currently no funds in the park budget to complete any development in the area and the Park and Recreation Department will have to budget this into future years. Chair Morris closed the public hearing at 7:45 p.m. Mr. Carver asked if it is necessary to have a comment regarding billboards in Chapter 16 since language is in Chapter 15. Ms. Erickson stated that in Chapter 15 it is stated as a general goal that the City is going to aggressively remove non-conforming billboards. Chapter 16 states one way it will remove them is when redeveloment occurs. Mr. Carver asked if that comment should be relocated in either the introduction section or under each planning area section since it is only proposed under the Central Planning area. Ms. Erickson stated that it could be handled either way and noted that staff is going to be updating the entire Comprehensive Plan, so the whole section of this Chapter will be changed, but final adoption would not occur until April, 1999. If this language is adopted 71 by the City Council, staff would have better direction as to how billboards should be treated in all neighborhoods. Mr. Carver questioned if this language should be included in all neighborhood sections. Ms. Erickson stated that currently such language is not stated in each section, but if the Planning Commission and City Council approves this, staff would look at different language when they rewrite the chapter so that it would be in all planning districts and neighborhoods. Chair Morris stated he believes that improved signage and removal of billboards are feasible as a desirable comprehensive plan goal and should be included in a general statement. Ms. Erickson stated inclusion of this language in this section is the recommendation of the Task Force. Ms. Velick asked if the statement should be placed in the City Overview: General Land Use in Chapter 2 of the Comprehensive Plan as an overall blanket statement that would apply to all neighborhoods. Chair Morris stated that the Planning Commission has the ability to make that recommendation as an amendment to the staff recommendation. Ms. Velick stated that she desires to make this recommendation. Mr. Carver asked for input of staff on where this language should be placed. Ms. Erickson stated that the changes proposed now with the current chapter are neighborhood specific and if looked at in a broader sense, she would consider the Livable Communities Chapter or an overview chapter where there is space for goals that would address urban design. She suggested that if the Planning Commission would be comfortable just leaving it in this particular section for right now, this overall view will in fact be incorporated into the new Comprehensive Plan. Chair Morris stated that when the final complete new Comprehensive Plan comes back to the Planning Commission, billboard language should cover the entire City and not be specific to just this neighborhood. Chair Morris asked if Ms. Velick is satisfied with this recommendation. Ms. Velick concurred. Mr. Garelick stated he was against development of the area north of Walker Street because of the pollution problem and the insufficient information about how it could be 72 properly corrected. He congratulated the people who have been involved and made this an issue so the area could remain a park and a viable neighborhood. Mr. Carver moved to recommend that the City Council adopt changes to the proposed map and text changes to Chapter 16 of the Comprehensive Plan and the motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Morris, and Velick voting in favor. 4. Old Business - None 5. New Business A. Consent Agenda - None B. Other New Business i. Case No. 98-32-SO/ZA - - Amendments to Subdivison Ordinance to correct inconsistencies, clarify and modify submittal requirements, allow grading permits prior to final plat recording, and grant flexibility in requiring Development Agreements; and amend the Zoning Ordinance to show street widths consistent with the Subdivision Ordinance. Sacha Peterson, Planning Associate presented the staff report and recommended that amendments to the Subdivision Ordinance and Zoning Ordinance be approved consistent with the recommendation in the staff report. Mr. Garelick stated he believes these amendments will make things smoother. Chair Morris recommended a technical change of defining specific codes for each section before going to City Council so they would know what specific sections they were changing. Mr. Garelick moved to recommend that the City Council adopt amendments to the Subdivision and Zoning Ordinances as recommended by staff and the motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Morris, and Velick voting in favor. ii. Case No. 98-30-OM -- Amendment to Official Map - Hutchinson Spur Trail and initiate Comprehensive Plan and Official Map amendments to the Hutchinson Spur south of 36th St. Judie Erickson, Planning Coordinator presented the staff report and recommended approval of the amendment to the Official Map. Ms. Velick asked for staff clarification of the amendments. 73 Ms. Erickson stated that two motions are required. The first motion would be to remove the official map designation on the area where the Aquila Place Plat is located. The second motion would be to initiate amendments to the Comprehensive Plan and the official map, south of 36th street. Mr. Garelick questioned what would happen if the Planning Commission did not initiate the amendments. Ms. Erickson stated staff would then ask the City Council to initiate the amendments. The reason for doing this is because the City purchased the property and easements for the location of the trail. Mr. Garelick said he is opposed to modifying the trail by Phillips Parkway and had strong concerns for safety and preserving the type of community that has been built up where the berm area and trees act as a natural barrier. Ms. Velick asked for clarification of the safety issues. Chair Morris clarified that the Planning Commission is not being asked to change the trail designation at 36th, but we are asking staff to initiate an amendment that gives them the authority to go in and look at it, and then come back to the Commission with a report for Planning Commission recommendation. Mr. Gothberg moved to amend the Official Map trail designation of the Aquila Place trail realignment only and the motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Morris, and Velick voting in favor. Chair Morris clarified that the second request of staff and noted that this would be brought back to the Planning Commission for review and recommendation. Mr. Gothberg stated that the construction drawings for the trail are in the process of being prepared and there are deadlines relative to funding which is one of the issues driving the change irrespective of any development proposal. When the Commission looks at the development proposal, it needs to run in context to what is happening on the trail and in the neighborhood. The Designation of the location of the trail is somewhat of a separate issue that is focused on the trail itself. Ms. Bissonnette moved that the Planning Commission initiate amendments to the Comprehensive Plan and Official Map to move a trail designation from a portion of the Hutchinson Spur property south of 36th Street to adjacent Phillips Parkway right-of-way and the motion passed on a vote of 6-0 with Bissonnette, Carver, Garelick, Gothberg, Morris, and Velick voting in favor. 6. Communications 74 A. Recent City Council Action - September 22, 1998 7. Miscellaneous Mr. Garelick stated that he enjoyed the Planning Commission bus tour of the City, but saw very few neighborhood signs and believed the signs are important to make the City of St. Louis Park more viable in the future. Ms. Erickson explained that initially the format of the neighborhood signs was created by a volunteer resident and presently neighborhood associations can design a logo and submit it to the City. There was discussion on the process involved in organizing neighborhoods. Jan Loftus noted that 20 of 35 neighborhoods are currently organized as associations and she would provide additional information to the Commission relative to the number of neighborhoods that have signs. Commissioners thanked staff for the tour and dinner. 8. Adjournment Chair Morris adjourned the meeting at 8:30 p.m. Respectfully Submitted, Janice Loftus Administrative Secretary Prepared by: Shirley Olson Recording Secretary 75 Item 9d* MINUTES PLANNING COMMISSION OCTOBER 21, 1998 --7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Dennis Morris, Jerry Timian (arrived at 7:20 p.m.) MEMBERS ABSENT: Michelle Bissonnette, Paul Carver, Michael Garelick, Ken Gothberg, Sally Velick STAFF PRESENT: Judie Erickson, Janet Jeremiah, Janice Loftus 1. Call to Order - Roll Call Chair Morris called the meeting to order at 7:10 p.m. With no quorum present, the Planning Commission convened as a Committee. Chair Morris stated that the Planning Committee would make recommendations to the City Council, but if the City Council or City Attorney reviewed any of the items and determined that they should have a full quorum vote of the Planning Commission, these items would be deferred back to the Planning Commission for a full vote. 2. Approval of Minutes of October 7, 1998 Chair Morris recommended deferring approval of the minutes to the next Planning Commission meeting on November 2, 1998. 3. Public Hearings - None 4. Old Business - None 5. New Business A. Consent Agenda - None B. Other New Business i. Case No. 98-18-S -- Request for Final Plat approval for Aquila Place Janet Jeremiah, Planning Manager presented a staff report and recommended approval of the Final Plat subject to the conditions outlined in the staff report. The Planning Committee recommended that the City Council adopt a resolution approving the Final Plat subject to the conditions included in the staff 76 recommendation. The recommendation passed on a vote of 1-0 with Morris voting in favor. ii. Case No. 98-31-ZA -- Amendments to Zoning Ordinance to clarify “parking lot” and “parking business” definitions in various sections and adopt a parking standard for retail strip mall. Judie Erickson, Planning Coordinator presented a staff report and concluded with a recommendation that the Commission recommend approval of the amendments related to parking lot and parking business to the Zoning Ordinance. Chair Morris questioned the definition of a shopping center. He asked if Sam’s Club, which had a separate liquor store, carry-out deli and automotive center, was considered a shopping center. Ms. Erickson stated that Sam’s Club was not considered a shopping center. Chair Morris asked what defined Sam’s Club as something different than a shopping center. Ms. Erickson stated that the existence of separate entrances and leases made a facility a shopping center. Chair Morris indicated that Sam’s Club has separate leases. He clarified with staff that for a mixed use development including a shopping center and residential, the City would calculate parking for the residential use separately. Chair Morris agreed with the staff report that the number of required parking stalls is excessive and stated that he believes that the Planning Commission needs to look at parking layout as well. He said that he believes that Sam’s Club has one of the worst parking flow and it is very congested. He indicated that often the required number of spaces is in excess, but the way the parking lot is designed makes movement of pedestrians and vehicles difficult. Chair Morris stated that the number of parking stalls should not dictate alone what the facility needs, rather the layout of the parking should be considered. Ms. Erickson asked Chair Morris if he would recommend that language be defined that related to design lay out. Chair Morris indicated that since there is no language in the current zoning code that regulates how parking lots are to be laid out, it would be difficult to put provisions in that state layout is important without actually specifying how the parking lots are to be laid out. He believes it is more of a function of review and common sense, than a need to specify a layout pattern. 77 Ms. Erickson stated that there are currently some design criteria established such as minimum lane sizes and minimum parking bay widths, but there are no standards for location of parking spaces relative to the front door. Jerry Timian questioned parking requirements for a theater use and why these are figured separately in a shopping center. Ms. Erickson stated that those uses tend to concentrate a lot of people and a lot of cars and, with overlying arrival and departures times, more parking spaces are usually required. Mr. Timian asked if there are any other issues presently related to Sam’s Club. Ms. Jeremiah stated that Sam’s Club recently needed an amendment to their special permit, and the City required the facility to improve some parking aspects, but the whole site was not completely overhauled. She stated that some current larger shopping center projects are requiring separate and improved access and circulation. She also indicated that some communities require that there not be any parking bays on the main drive aisle so there are no people backing out in the main drive aisle. She indicated that there might be some minor tweaking that could be done and presented to the Planning Commission to address the Committee’s concerns. Ms. Erickson stated that the Planning Commission and City Council just passed an amendment that required a separate pedestrian access be provided between the principal building and the public street or public trail on all sides of a lot which front on a public right of way or public trail for all commercial development. Chair Morris recommended that the City Council adopt the proposed text changes to the Zoning Ordinance and the motion passed 2-0 with Morris and Timian voting in favor. iii. Case No. 98-9-ZA -- Amendment to Zoning Ordinance to permit medical laboratories with conditions in Industrial Districts Janet Jeremiah, Planning Manager presented a staff report and recommended adoption of the amendments to the Zoning Ordinance as outlined in the staff report. Chair Morris questioned if the hours of 7:00 a.m. to 6:00 p.m are being used as a standard, but not as a fixed zoning code. Ms. Jeremiah stated that this is the case. 78 Chair Morris asked what the intent is in Section 16D of the ordinance where it reads “product except where prohibited”. Ms. Jeremiah indicated that it would be prohibited in the Industrial District because getting the customer visitation for fitting the product would entail the patient actually visiting the facility and this was determined by staff that it is appropriate in the Commercial Districts, but not in the Industrial Districts. Chair Morris recommended that staff insert that specific industrial language to read “except within the industrial districts”. Chair Morris recommended that the City Council approve amendments to the Zoning Ordinance per staff’s recommendation with the addition of the clarification of the last sentence as discussed. The motion passed 2-0 with Morris and Timian voting in favor. iv. Comprehensive Plan Chapters - Discussion Public Use and Commercial/Industrial Ms. Erickson stated it would be appropriate to defer discussion of the proposed chapters to the next Planning Commission. Commissioners Morris and Timian concurred. 6. Communications A. Recent City Council Action - October 19, 1998 Staff reported the following: City Council approved the amendment to the Continued Special Permit for the clubhouse with the rental office at Somerset Oaks Apartments City Council also approved the first reading of the Zoning Ordinance Amendment that would permit the multiple family dwellings and accessory uses in existence at the time of the Zoning Ordinance in December, 1992 to be rebuilt in an R-3 District and set second reading for November 2, 1998. B. City Council Study Session Reports - FYI - Park Commons Update - Wolfe Park Amphitheater C. Board of Zoning Appeals Minutes July 23, 1998 and Agenda October 22, 1998 7. Miscellaneous 79 Ms. Erickson indicated that a joint meeting of the Planning Commission and the Park & Recreation Commission is scheduled for December 2, 1998 to discuss the progress of the Trail/Sidewalk Study. Ms. Erickson summarized the progress of the study and indicated that a full presentation by the consultants to both Commissions would occur at that meeting. 8. Adjournment Chair Morris adjourned the meeting at 7:50 p.m. Respectfully Submitted, Janice Loftus Administrative Secretary Prepared by: Shirley Olson Recording Secretary 80 Item 9e * November 6, 1998 VENDOR NAME DESCRIPTION AMOUNT AIRTOUCH CELLULAR TELEPHONE 416.33 ALLIANCE MECHANICAL SERVICES I BUILDING MTCE SERVICE 872.00 ALTERNATIVES COMMUNICATIONS GR GENERAL SUPPLIES 78.29 ANCHOR PAPER CO OFFICE SUPPLIES 1,067.41 ANN'S TOOL SUPPLY EQUIPMENT PARTS 133.11 APPLIANCE RECYCLING CENTERS OF GENERAL SUPPLIES 15.00 ARROW EQUIPMENT CO GENERAL SUPPLIES 27.50 ASPLUND COFFEE COMPANY GENERAL SUPPLIES 120.00 AT&T TELEPHONE 2.87 AT&T WIRELESS SERVICES GENERAL SUPPLIES 18.91 BARNES, ROBERT GENERAL SUPPLIES 137.94 BATTERIES PLUS BLDG/STRUCTURE SUPPLIES 113.87 BIFFS INC GENERAL SUPPLIES 388.82 BLASTMASTERS GENERAL SUPPLIES 39.95 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 87.97 BOYER TRUCK PARTS EQUIPMENT PARTS 91.97 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BURROWS, KELLI PRINTING & PUBLISHING 6,720.15 CAHNERS BUSINESS INFORMATION SUBSCRIPTIONS/MEMBERSHIPS 54.00 CALHOUN TOWERS APARTMENTS RADIO COMMUNICATIONS 300.00 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 240.47 CATCO PARTS SERVICE EQUIPMENT PARTS 27.72 CONTACT MOBILE COMMUNICATIONS RADIO COMMUNICATIONS 4.79 COULTHART, DENNIS L OTHER CONTRACTUAL SERVICES 19.00 CYLINDER HEAD SERVICE INC EQUIPMENT MTCE SERVICE 535.30 DANKO EMERGENCY EQUIPMENT CO GENERAL SUPPLIES 476.19 DAYTON'S/TARGET CLEANING/WASTE REMOVAL SUPPLY 296.85 DELEGARD TOOL CO GENERAL SUPPLIES (65.54) DICK COMPANY, A B EQUIPMENT MTCE SERVICE 271.08 DOUD, KEVIN GENERAL SUPPLIES 109.95 ECOLAB GENERAL SUPPLIES 849.12 ELECTRIC SERVICE CO NON-CAPITAL EQUIPMENT 988.00 ENGINEERING REPRO SYSTEMS OFFICE SUPPLIES 52.69 ENSR CONSULTING & ENGINEERING PROFESSIONAL SERVICES 16,099.32 ERICKSON, DAVID MEETING EXPENSE 57.99 FIRE INSTRUCTORS ASSN OF MINN SUBSCRIPTIONS/MEMBERSHIPS 10.00 FIRE/EMS CENTER -SFS98 TRAINING/CONFERENCES/SCHOOLS 600.00 FLANNIGAN, JANE MEETING EXPENSE 256.52 FORCE AMERICA INC EQUIPMENT PARTS 307.97 FOSTER, NANCY YOUTH ATHLETICS 25.00 FOWLER ELECTRIC COMPANY EQUIPMENT PARTS 8.78 FRANKLIN COVEY TRAINING/CONFERENCES/SCHOOLS 1,131.14 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS (30.44) GENUINE PARTS COMPANY EQUIPMENT PARTS 1,015.01 81 GILL, ROBERT TRAINING/CONFERENCES/SCHOOLS 215.76 GLAPA, SHAWN TRAINING/CONFERENCES/SCHOOLS 300.00 HCMC EMS EDUCATION TRAINING/CONFERENCES/SCHOOLS 126.00 HENN CO TREASURER SUBSISTENCE SERVICE 12,160.69 HENNEPIN COUNTY SHERIFF SUBSISTENCE SERVICE 276.00 HODGDON, GREGG STUDY INCENTIVE & MERIT PAY 31.47 HOISINGTON KOEGLER GROUP INC ENGINEERING SERVICES 225.00 HOME DEPOT/GECF BLDG/STRUCTURE SUPPLIES 136.71 HOME HARDWARE EQUIPMENT PARTS 48.20 INTERSTATE BEARING COMPANY EQUIPMENT PARTS (166.20) IOS CAPITAL RENTAL EQUIPMENT 1,020.27 J H LARSON COMPANY BLDG/STRUCTURE SUPPLIES 1,442.81 JAVNER, JOHN B GENERAL SUPPLIES 61.00 JUSTUS LUMBER CO OTHER IMPROVEMENT SUPPLIES 8.47 KASSA CONSTRUCTION, RON OTHER IMPROVEMENT SERVICE 14,126.80 KNOX LUMBER COMPANY BLDG/STRUCTURE SUPPLIES 32.81 KRECH, BARBARA MILEAGE-PERSONAL CAR 130.33 LATHROP PAINT SUPPLY COMPANY GENERAL SUPPLIES 188.90 LOCATOR & MONITOR SALES OFFICE FURNITURE & EQUIPMENT 4,403.78 LUSE, JOHN TRAINING/CONFERENCES/SCHOOLS 775.42 MACQUEEN EQUIP CO MACHINERY & AUTO EQUIPMENT 95,281.58 MAKI, DENNIS TRAINING/CONFERENCES/SCHOOLS 143.02 MASTERSON PERSONNEL INC SALARIES - TEMPORARY EMPLOYEES 630.00 MC BRIDE, KATHLEEN MEETING EXPENSE 42.28 MENARDS OTHER IMPROVEMENT SUPPLIES 262.66 METRO ATHLETIC SUPPLY GENERAL SUPPLIES 55.00 METRO SALES INC EQUIPMENT MTCE SERVICE 330.00 MINN DEPT LABOR & INDUSTRY LICENSES/TAXES 20.00 MINNEGASCO HEATING GAS 7,094.78 MINNESOTA BOOK STORE GENERAL SUPPLIES 54.46 MN DEPT OF PUBLIC SERVICE BUILDING MTCE SERVICE 170.00 MN INSURANCE FRAUD PREVENTION TRAINING/CONFERENCES/SCHOOLS 30.00 MTI DISTRIBUTING CO GENERAL SUPPLIES 74.99 NATIONAL HIGHWAY INSTITUTE TRAINING/CONFERENCES/SCHOOLS 125.00 NORTH STAR TURF SUPPLY OTHER CONTRACTUAL SERVICES 1,024.21 NORTHERN WATER TREATING CO GENERAL SUPPLIES 135.46 NRG DISTRIBUTORS MOTOR FUELS 51.90 NSP CO NOTES PAYABLE 45,588.29 OFFICE DEPOT OFFICE SUPPLIES 116.93 PARK NICOLLET MEDICAL CENTER PROF/CONSULT SERVICES 1,122.00 PARTNERS IN PERSONNEL OTHER CONTRACTUAL SERVICES 1,244.25 PARTS PLUS EQUIPMENT PARTS 616.31 POSTMASTER POSTAGE 2,900.00 PRAIRIE ELECTRIC ELECTRICAL 70.94 PRESTIGE LINCOLN MERCURY EQUIPMENT MTCE SERVICE 3,692.35 QUANTERRA INC PROFESSIONAL SERVICES 10,650.00 QUEST ENGINEERING INC EQUIPMENT PARTS 427.65 RAINBOW FOODS SUBSISTENCE SUPPLIES 105.43 RC INDENTIFICATIONS GENERAL SUPPLIES 5.33 82 SCHWARTZ, STEPHANIE MEETING EXPENSE 38.99 SHERMAN, JADE W INSPECTION-SINGLE/DOUBLE 25.00 SKC COMMUNICATION PRODUCTS GENERAL SUPPLIES 11.46 SLP IND SCHOOL DISTRICT 283 POSTAGE 9,708.81 SPS COMPANIES INC EQUIPMENT MTCE SERVICE 184.08 ST LOUIS PARK TRUE VALUE GENERAL SUPPLIES 63.59 ST PAUL FESTIVAL & HERITAGE FO GENERAL SUPPLIES 270.00 STANDARD SPRING OF MPLS EQUIPMENT PARTS 124.58 STATE CHEMICAL MFG CO OTHER IMPROVEMENT SUPPLIES 257.34 STREICHER'S EQUIPMENT PARTS 446.30 SUBURBAN PROPANE MOTOR FUELS 35.71 SUBURBAN TIRE CO TIRES 2,508.13 TAKUMI, VERNICE MILEAGE-PERSONAL CAR 19.18 TANK RE-NU OF MINNESOTA EQUIPMENT PARTS 129.95 TRI STATE BOBCAT EQUIPMENT PARTS 69.20 TWIN CITY OPTICAL CO GENERAL SUPPLIES 96.92 UNITOG RENTAL GENERAL SUPPLIES 338.26 UNITOG RENTAL SERVICE GENERAL SUPPLIES 65.90 UNIVERSITY OF MINNESOTA TRAINING/CONFERENCES/SCHOOLS 380.00 WALSER FORD EQUIPMENT PARTS 321.92 WEHRMAN, B KEITH INSPECTION-SINGLE/DOUBLE 25.00 WEST WELD EQUIPMENT PARTS 358.74 WINTNER, DOUGLAS INSPECTION-SINGLE/DOUBLE 50.00 ZIEGLER INC EQUIPMENT PARTS 106,836.09 ZIP SORT POSTAGE 62.00 364,007.53 November 13, 1998 VENDOR NAME DESCRIPTION AMOUNT AARCEE PARTY RENTAL GENERAL SUPPLIES 170.41 ABLE HOSE & RUBBER INC EQUIPMENT PARTS 96.17 ADULT ENRICHMENT ADVISORY COUN GENERAL SUPPLIES 25.00 ADVANTA FINANCIAL CORPORATION OTHER CONTRACTUAL SERVICES 97.45 ADVANTAGE PAPER OFFICE SUPPLIES 508.45 AIRTOUCH CELLULAR TELEPHONE 982.26 ALL HOURS TOWING OTHER CONTRACTUAL SERVICES 331.00 ALMSTED'S NEW MARKET GENERAL SUPPLIES 17.88 ANDERSEN INC, EARL F OTHER IMPROVEMENT SERVICE 159.75 ARAMARK UNIFORM CORPORATE ACCT GENERAL SUPPLIES 42.74 ASPLUNDH TREE EXPERT CO CLEANING/WASTE REMOVAL SERVICE 30,899.03 AT&T WIRELESS SERVICES TELEPHONE 270.33 BACHMANS BUILDING MTCE SERVICE 107.57 BARON, EILEEN GENERAL SUPPLIES 237.81 BATTERIES PLUS GENERAL SUPPLIES 316.88 BIG TOP BALLOONS GENERAL SUPPLIES 83.20 BITUMINOUS ROADWAYS INC OTHER IMPROVEMENT SUPPLIES 80.47 83 BOBS PERSONAL COFFEE SERVICE GENERAL SUPPLIES 135.95 BORDER STATES ELECTRIC SUPPLY BLDG/STRUCTURE SUPPLIES 92.02 BOYER TRUCK PARTS EQUIPMENT PARTS 818.23 BRENTS SIGNS BLDG/STRUCTURE SUPPLIES 228.98 BROADWAY RENTAL RENTAL EQUIPMENT (1.66) BURROWS, KELLI PRINTING & PUBLISHING 85.20 CALGON CARBON CORPORATION CLEANING/WASTE REMOVAL SUPPLY 7,943.76 CAPITOL COMMUNICATIONS RADIO COMMUNICATIONS 2,198.75 CARTEGRAPH SYSTEMS INC. OFFICE FURNITURE & EQUIPMENT 1,695.00 CITY OF MAPLE GROVE SUBSCRIPTIONS/MEMBERSHIPS 467.50 CLOSE LANDSCAPE ARCHITECTURE PROFESSIONAL SERVICES 3,266.80 CRESTVIEW NEIGHBORHOOD ASSOCIA MEETING EXPENSE 271.87 CRILEY, KATHI L GENERAL SUPPLIES 179.89 DELEGARD TOOL CO GENERAL SUPPLIES (65.54) DELI DOUBLE CONCESSION SUPPLIES 1,399.50 DIAMOND VOGEL PAINT OTHER IMPROVEMENT SERVICE 34.61 DILORENZO, KIRK COMPUTER SUPPLIES 42.56 EXPLORER POST 505 GENERAL SUPPLIES 500.00 FRANKLIN COVEY TRAINING/CONFERENCES/SCHOOLS 233.07 GALAXY COMPUTER SERVICES EQUIPMENT MTCE SERVICE 157.50 GALETON GLOVES GENERAL SUPPLIES 68.20 GAMETIME OTHER IMPROVEMENT SUPPLIES 809.32 GENERAL SAFETY EQUIPMENT CORP EQUIPMENT PARTS (30.44) GENUINE PARTS COMPANY EQUIPMENT PARTS 28.58 GRAINGER INC, W W BLDG/STRUCTURE SUPPLIES 146.65 GREEN TREE VENDOR SERVICES COR OTHER CONTRACTUAL SERVICES 751.89 HARMON FULL SERVICE GROUP OTHER IMPROVEMENT SUPPLIES 15.98 HAWKINS WATER TREATMENT GROUP CLEANING/WASTE REMOVAL SUPPLY 2,226.27 HENN CO ACCOUNTING SERVICES DEPOSITS PAYABLE 1,769.00 HICKERSON, JOHN & JANINE INSPECTION-SINGLE/DOUBLE 50.00 HOLIDAY INN MPLS WEST GENERAL SUPPLIES 3,924.00 HOME DEPOT GENERAL SUPPLIES 49.75 HOME HARDWARE BLDG/STRUCTURE SUPPLIES 160.27 HYDRO SUPPLY COMPANY OTHER IMPROVEMENT SUPPLIES 2,345.51 I C B O SUBSCRIPTIONS/MEMBERSHIPS 482.25 ICMA SUBSCRIPTIONS/MEMBERSHIPS 748.72 IND SCHOOL DIST #283 OTHER CONTRACTUAL SERVICES 92,250.00 INDELCO EQUIPMENT PARTS 69.01 INGRAHAM & ASSOCIATES INC PROFESSIONAL SERVICES 1,211.20 INTERNAL REVENUE SERVICE OFFICE SUPPLIES 69.00 INTERSTATE BEARING COMPANY EQUIPMENT PARTS (166.20) J H LARSON COMPANY OTHER IMPROVEMENT SUPPLIES 76.59 JUSTUS LUMBER CO OTHER IMPROVEMENT SUPPLIES 94.00 KANSAS STATE BANK OF MANHATTAN CAPITALIZED INTEREST 1,994.31 KRAEMER & SONS INC OTHER IMPROVEMENT SUPPLIES 581.37 LASER QUIPT EQUIPMENT MTCE SERVICE 253.42 LEACH, RICHARD N INSPECTION-SINGLE/DOUBLE 25.00 LINHOFF PHOTO & DIGITAL IMAGIN GENERAL SUPPLIES 42.87 LYNCH, DEBRA MILEAGE-PERSONAL CAR 39.65 84 M E M A SUBSCRIPTIONS/MEMBERSHIPS 60.00 MANTZ, JOHN TRAINING/CONFERENCES/SCHOOLS 349.44 MASTERSON PERSONNEL INC SALARIES - TEMPORARY EMPLOYEES 630.00 MC DONELL, MARTHA GENERAL SUPPLIES 45.42 MENARDS GENERAL SUPPLIES 896.77 METRO SALES INC EQUIPMENT MTCE SERVICE 467.05 MINN DEPT OF ADMINISTRATION RADIO COMMUNICATIONS 3,022.31 MINN SUN PUBLICATIONS LEGAL NOTICES 141.36 MINNEAPOLIS EQUIPMENT CO EQUIPMENT PARTS 125.39 MINUTEMAN PRESS PRINTING & PUBLISHING 115.00 MITOGRAPHERS INC PRINTING & PUBLISHING 657.20 MN COMM OF TRANSPORTATION TRAINING/CONFERENCES/SCHOOLS 250.00 MN NATURALISTS ASSOC TRAINING/CONFERENCES/SCHOOLS 300.00 MN PIPE & EQUIPMENT OTHER IMPROVEMENT SUPPLIES 631.61 MN TACTICAL OFFICER'S ASSOC. TRAINING/CONFERENCES/SCHOOLS 1,760.00 MOST DEPENDABLE FOUNTAINS OTHER IMPROVEMENT SUPPLIES 370.00 MTGF CONFERENCE TRAINING/CONFERENCES/SCHOOLS 635.00 MTI DISTRIBUTING CO GENERAL SUPPLIES 35.72 MUNICILITE EQUIPMENT PARTS 198.01 N.T.O.A. SUBSCRIPTIONS/MEMBERSHIPS 35.00 NATIONAL BAND & TAG CO GENERAL SUPPLIES 187.28 NORTHERN DEWATERING INC OTHER IMPROVEMENT SERVICE 10,686.78 NORTHLAND ELECTRIC SUPPLY CO EQUIPMENT PARTS 99.92 NOVARTIS NUTRITION CORP. GENERAL CUSTOMERS 840.39 NULSEN, CAROL YOUTH ATHLETICS 25.00 OESTREICH, MARK TRAINING/CONFERENCES/SCHOOLS 941.40 OFFICE DEPOT OFFICE SUPPLIES 437.21 OFFICE MAX OFFICE SUPPLIES 421.97 OLSEN FIRE PROTECTION & OTHER IMPROVEMENTS 30,425.00 ORKIN PEST CONTROL OTHER CONTRACTUAL SERVICES 60.92 P & H WAREHOUSE SALES INC BLDG/STRUCTURE SUPPLIES 33.53 PANNING, CRAIG GENERAL SUPPLIES 115.21 PAPA JOHNS PIZZA GENERAL SUPPLIES 150.70 PAPER WAREHOUSE-SLP STORE OFFICE SUPPLIES 82.86 PARTNERS IN PERSONNEL OTHER CONTRACTUAL SERVICES 78.75 PARTS PLUS EQUIPMENT PARTS 270.76 PERFORMANCE COMPUTER FORMS OFFICE SUPPLIES 58.34 POMMER MFG CO INC GENERAL SUPPLIES 408.37 PRAXAIR DISTRIBUTION INC. GENERAL SUPPLIES 76.04 PRINT GRAPHICS PRINTING & PUBLISHING 425.00 PROF TRAINING ASSOC SUBSCRIPTIONS/MEMBERSHIPS 72.00 PYNE, WILLIAM J. INSPECTION-SINGLE/DOUBLE 25.00 RAINBOW FOODS GENERAL SUPPLIES 136.99 ROTARY CLUB OF SLP SUBSCRIPTIONS/MEMBERSHIPS 150.00 RYDER STUDENT TRANSPORTATION OTHER CONTRACTUAL SERVICES 371.00 SA-AG INC OTHER IMPROVEMENT SUPPLIES 1,802.72 SALVERDA & ASSOCIATES, DONALD TRAINING/CONFERENCES/SCHOOLS 2,981.38 SCRAPS, ART MEETING EXPENSE 125.00 SIMPLEX TIME RECORDER CO OTHER CONTRACTUAL SERVICES 1,251.99 85 SMITH MICRO TECHNOLOGIES INC EQUIPMENT MTCE SERVICE 38.56 SOJOURNER PROJECT INC OTHER CONTRACTUAL SERVICES 9,789.75 SOUTHERN BLOOMER MFG CO GENERAL SUPPLIES 179.00 ST LOUIS PARK TRUE VALUE GENERAL SUPPLIES 33.72 STAR TRIBUNE OTHER ADVERTISING 273.00 STRAND MFG COMPANY EQUIPMENT PARTS 185.31 STRUCK, DONALD GENERAL SUPPLIES 99.99 SUBURBAN PROPANE MOTOR FUELS 53.04 TWIN CITY AREA LABOR MGMT COUN SUBSCRIPTIONS/MEMBERSHIPS 350.00 UNIFORMLY PERFECT GENERAL SUPPLIES 26.08 UNITOG RENTAL GENERAL SUPPLIES 40.24 UNIVERSITY OF ST THOMAS GENERAL SUPPLIES 25.00 VIKING OFFICE PRODUCTS OFFICE SUPPLIES 74.27 VOSE, ROBERT INSPECTION-SINGLE/DOUBLE 25.00 WATER ENVIRONMENT FEDERATION OFFICE SUPPLIES 89.00 WELD-KRAFT GENERAL SUPPLIES 65.00 WESCO DISTRIBUTION INC OTHER IMPROVEMENT SUPPLIES 78.06 WHITE, PERRY GENERAL SUPPLIES 73.59 WOLF CAMERA INC GENERAL SUPPLIES 63.17 WOLFF, JEFF GENERAL SUPPLIES 56.96 ZEP MANUFACTURING GENERAL SUPPLIES 237.93 ZIEGLER INC EQUIPMENT PARTS 44.66 ZIP SORT OTHER CONTRACTUAL SERVICES 221.00 239,785.68 November 11, 1998 VENDOR NAME DESCRIPTION AMOUNT CAMDEN PHYSICIANS LTD WORKERS COMPENSATION INSURANCE 94.00 CORRICK MD, PATRICK W WORKERS COMPENSATION INSURANCE 162.25 EMERGENCY PHYSICIANS WORKERS COMPENSATION INSURANCE 53.55 METHODIST HOSPITAL WORKERS COMPENSATION INSURANCE 1,769.74 MINN MEDICAL RECORD SERV WORKERS COMPENSATION INSURANCE 7.84 PARK NICOLLET CLINIC HSM WORKERS COMPENSATION INSURANCE 1.92 PARK NICOLLET MEDICAL CENTER WORKERS COMPENSATION INSURANCE 768.44 ROSS CHIROPRACTIC CLINIC WORKERS COMPENSATION INSURANCE 173.77 SEDGEWICK MANAGED CARE WORKERS COMPENSATION INSURANCE 9.50 THOMPSON, JIM INJURY PAY 858.98 3,899.99 November 11, 1998 VENDOR NAME DESCRIPTION AMOUNT 1ST LINE BEVERAGE INC GENERAL SUPPLIES 293.70 AETNA LIFE INSURANCE & ANNUITY DEDUCTIONS PAYABLE 1,433.38 ALBRECHT COMPANY BLDG/STRUCTURE SUPPLIES 253.05 86 ALLINA DEDUCTIONS PAYABLE 28,709.15 ANCHOR FENCE OF MN INC. OTHER CONTRACTUAL SERVICES 9,414.70 COMMISSIONER OF REVENUE DEDUCTIONS PAYABLE 203.00 FLANNERY CONSTRUCTION INC OTHER CONTRACTUAL SERVICES 115,610.07 FORTIS BENEFITS DEDUCTIONS PAYABLE 2,028.51 GRAZZINI BROTHERS & COMPANY OTHER CONTRACTUAL SERVICES 1,555.00 GREAT-WEST LIFE & ANNUITY DEDUCTIONS PAYABLE 4,221.00 HARDRIVES INC OTHER IMPROVEMENTS 246,530.84 HEALTHPARTNERS DEDUCTIONS PAYABLE 53,575.15 HEBEL, JOHN INSPECTION-SINGLE/DOUBLE 25.00 ICMA RETIREMENT TRUST-401 DEDUCTIONS PAYABLE 236.44 ICMA RETIREMENT TRUST-457 DEDUCTIONS PAYABLE 9,527.61 INTERNAL REVENUE SERVICE DEDUCTIONS PAYABLE 645.00 JENSEN, DENNIS & CHRISTINE INSPECTION-SINGLE/DOUBLE 25.00 KASSA CONSTRUCTION, RON OTHER IMPROVEMENTS 22,830.40 M C MAGNEY CONSTRUCTION INC OTHER CONTRACTUAL SERVICES 82,394.45 MADISON, JOHN INSPECTION-SINGLE/DOUBLE 25.00 MINNEHAHA CREEK WATERSHED DIST POSTAGE 169.43 MINNESOTA BENEFIT ASSOCIATION DEDUCTIONS PAYABLE 721.20 MINNESOTA MUTUAL LIFE DEDUCTIONS PAYABLE 301.00 MINNESOTA NCPERS LIFE INSURANC DEDUCTIONS PAYABLE 105.00 MN CHILD SUPPORT PAYMENT CENTE DEDUCTIONS PAYABLE 1,288.32 MN STATE RETIREMENT SYSTEM DEDUCTIONS PAYABLE 605.00 PARK NATIONAL BANK DEDUCTIONS PAYABLE 92,358.39 PERA DEDUCTIONS PAYABLE 44,485.26 PERA FIREMEN'S RETIREMENT ASSO DEDUCTIONS PAYABLE 3,211.86 PERA POLICE RETIREMENT ASSOC DEDUCTIONS PAYABLE 8,642.71 POSTMASTER POSTAGE 2,925.02 SLP CREDIT UNION DEDUCTIONS PAYABLE 30,645.66 THOMAS & SONS CONST OTHER IMPROVEMENTS 3,448.50 U S BANK BOND INTEREST 38,923.74 UNITED WAY OF MINNEAPOLIS AREA DEDUCTIONS PAYABLE 157.00 UNUM LIFE INSURANCE DEDUCTIONS PAYABLE 3,521.52 USCM / MIDWEST DEDUCTIONS PAYABLE 6,545.92 WESTBRIDGE CAPITAL CORP INSURA DEDUCTIONS PAYABLE 68.12 817,660.10 87 City of St. Louis Park City Council Agenda Item # 11a Meeting of November 16, 1998 11a. Addendum to Vehicle Towing and Impounding Agreement Recommended Action: Motion to approve Addendum to Vehicle Towing and Impounding Agreement and authorize Mayor and City Manager to execute. Background: At the September 28th study session, the status of current and future police towing contracts was discussed. Following this discussion, the Council indicated a willingness to support a contract addendum which would have the following impact on the current vehicle towing and impound agreement: 1. Extend the contract for one year, with the expiration date becoming December 31, 1999. 2. Permit language changes needed to resolve confusion regarding towing and storage fees for vehicles held by the police department under seizure and forfeiture action. 3. Permit language changes needed to establish a fee structure for future vehicles held by the police under seizure and forfeiture action for the duration of the contract. Additionally, the one-year extension will provide the police department with time to evaluate its future towing contract needs and research thoroughly towing contracts in the metro area. Towing contracts for the year 2000 and beyond will be as competitive in design and effective in development as possible. Attachments: Addendum to Vehicle Towing and Impounding Agreement Prepared by: John D. Luse, Chief of Police Approved by: Charles W. Meyer, City Manager 88 ADDENDUM TO VEHICLE TOWING AND IMPOUNDING AGREEMENT ADDENDUM TO VEHICLE TOWING AND IMPOUNDING AGREEMENT, made and entered into this _____ day of ______________, 1998, between the CITY OF ST. LOUIS PARK, a municipal corporation ("City") and R.C. HUGHES INVESTMENTS, INC., a Minnesota corporation, d/b/a All Hours Towing ("Contractor"). IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Prior Agreement. The Vehicle Towing and Impounding Agreement (the "Agreement") between the parties dated January 1, 1997, shall remain in full force and effect except as specifically amended by this Addendum. 2. Term. Section 1 of the Agreement is amended to extend the term of the Agreement to December 31, 1999. 3. Towing Charges. Section 3 of the Agreement is amended by adding the following subsections: 3.1 City shall pay Contractor a one time lump sum payment of $3,000.00 for storage of all vehicles held by City and stored by Contractor which have been seized and are awaiting forfeiture pursuant to state law. The City shall credit said payment to Contractor's account held by the City, to be applied to future amounts owed by Contractor to City under the Agreement. This payment constitutes payment in full for all accrued storage charges on those vehicles to October 31, 1998. Starting November 1, 1998, storage fees shall accrue as provided herein on the five (5) vehicles listed in Exhibit A. The vehicles included in this payment are listed on Exhibit A, attached hereto and made a part of this Addendum. Contractor hereby forever fully and finally releases City from any claim for storage or towing fees incurred on the vehicles listed on Exhibit A, and any other vehicles stored by Contractor at the request of the City during the term of the Agreement up to the date of this Addendum. 3.2 Vehicles towed and stored pursuant to seizure under state law, at the request of the City, shall be charged a storage fee by Contractor of $3.00 per day to the City. Contractor's storage fee for vehicles held pursuant to seizure under state law shall 89 not exceed $540.00 per vehicle. Contractor shall also be entitled to charge to City $50.00 per tow on said vehicles. The maximum storage and towing charges to be paid by City on any seized vehicle shall be $590.00 per vehicle. 4. Termination. Section 2 of the Agreement is amended by adding the following language: 4.1 In the event of breach of this Agreement, the non-breaching party shall notify the other party of the breach. The party notified shall have 30 days to cure the breach. Failure to satisfactorily cure the breach within the 30 day may result in termination of this Agreement. CITY OF ST. LOUIS PARK Dated:_________________ By:_____________________________ Its: Mayor By:_____________________________ Its: City Manager R.C. HUGHES INVESTMENTS, INC. Dated:__________________ By:_____________________________ Its:____________________________ 90 EXHIBIT A SEIZED VEHICLES STORED AT ALL HOURS TOWING AS OF 10/31/98 Vehicle License No. Acct. No. Date Acquired by All Hours Total Days Stored Days Stored Since 7/7/98 Storage Fees Since 7/7/98 Description of Vehicle 411-482MA S-4062 06/29/96 855 116 348.00 89 Susi M.C. red 204-GQM S-0109 01/06/98 299 116 348.00 85 Chevy 4x4 red 124-GED S-0330 01/15/98 290 116 348.00 92 Mitsubishi red 362-HQX ** S-0386 01/15/98 208 34 102.00 85 Cadillac gray 906-LFT S-0388 01/16/98 289 116 348.00 92 Ford Mustang blu ** Car sold by police department at auction. No additional storage fees on cars above. The following cars will have additional storage fees at new rate beginning November 1, 1998: 353-KFP S-2967 05/15/98 170 116 348.00 89 Cadi Fleetwood bl 346-AVG S-3246 05/27/98 158 116 348.00 GMC Jimmy red 887-PPS S-3688 06/17/98 137 116 348.00 88 Jaguar white 011-MJC S-4253 07/11/98 113 113 389.00 85 Dodge gray 936-PHN S-5003 08/14/98 79 79 287.00 90 Isu Trooper red STORAGE FEES OWED BY CITY TO ALL HOURS TOWING THROUGH 10/31/98 Storage fees from 7/7/98 through 10/31/98 $3,112.00 Storage fees accrued prior to 7/7/98 3,300.00 Storage fees for car sold at auction 102.00 Total balance owed $6,514.00 Less fees owed by All Hours Towing to City -3,240.00 Remaining balance owed $3,274.00 Total amount requested by All Hours Towing $3,000.00