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HomeMy WebLinkAbout2013/09/16 - ADMIN - Agenda Packets - City Council - Regular AGENDA SEPTEMBER 16, 2013 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations – None 2a. 2013 Evergreen Awards 3. Approval of Minutes 3a. Study Session Meeting Minutes August 12, 2013 3b. Study Session Meeting Minutes August 26, 2013 3c. City Council Meeting September 3, 2013 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings 6a. First Reading of Council Salaries Ordinance and Economic Development Authority Compensation Resolution Recommended Action: • Motion to approve First Reading of the Ordinance modifying salaries for the Mayor and Councilmembers and set second reading for September 23, 2013 • Motion to Adopt Resolution modifying salaries for Economic Development Authority President and Commissioners 6b. Appeal of Board of Zoning Appeals Decision -Variances at 4701 Excelsior Boulevard Recommended Action: Motion to Adopt Resolution upholding Board of Zoning Appeals (BOZA) decision to grant a 10-foot variance to the required 15-foot side yard abutting the street, and a 1-foot variance to the required 25-foot drive aisle width for property located at 4701 Excelsior Blvd. 6c. Public Hearing First Reading of Ordinance Amending Xcel Franchise Ordinance Recommended Action: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to approve first reading of an Ordinance amending Xcel’s franchise ordinance and set second reading for September 23, 2013. 6d. Public Hearing First Reading of Ordinance extending CenterPoint Energy (CPE) Franchise Ordinance) Recommended Action: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to approve first reading of an Ordinance amending CPE’s Franchise Ordinance No. 2236-03 and set second reading for September 23, 2013. Meeting of September 16, 2013 City Council Agenda 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Major Amendment to Knollwood Mall Planned Unit Development (PUD) Recommended Action: Approval of a Major Amendment to the Knollwood Mall PUD with conditions as recommended by staff. 8b. Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) Recommended Action: Motion to Adopt Resolution approving the Preliminary/Final Plat of Auto Motion Carwash Addition, with conditions recommended by staff. 9. Communications Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of September 16, 2013 City Council Agenda CONSENT CALENDAR 4a. Reappoint the following commissioners as a city representative to their respective commissions with terms as follows: Name Commission Term Expiration Richard Webb Housing Authority 6/30/2018 Tyler Dixon Planning Commission – Youth Member 8/31/2014 4b. Approve for filing Telecommunication Commission Meeting Minutes May 22, 2013 4c. Approve for filing Fire Civil Service Commission Meeting Minutes June 7, 2013 4d. Approve for filing Vendor Claims 4e. Approve for filing Housing Authority Minutes August 14, 2013 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: City Council Meeting Date: September 16, 2013 Presentation: 2a EXECUTIVE SUMMARY TITLE: 2013 Evergreen Awards RECOMMENDED ACTION: The Mayor is requested to present the 2013 Evergreen Awards to the following recipients: • 4910 W. 27th Street – Susan Czapiewski & Kevin Sundquist (Fern Hill Neighborhood) • 3336 Huntington Ave S –Wendy & Patrick Skinner (Minikahda Oaks Neighborhood) POLICY CONSIDERATION: None at this time. SUMMARY: The Evergreen Award is presented each year in recognition of properties which are uniquely designed, well-maintained landscapes with an emphasis on parcels that are visible to the passerby. Businesses, apartments and houses are all eligible to receive the award. The judges selecting the Evergreen Award recipients are comprised of Parks and Recreation Advisory Commission members, past Evergreen Award winners, volunteers and staff who have a keen interest in flowers, plants, landscaping and landscape design. There were five judges inspecting this year’s nominations. There were eight nominations this year spread throughout the City. Winners are presented with an award certificate, a Dwarf Alberta Spruce tree and “Evergreen Award Winner” signs posted in their boulevard for two weeks. Jim Vaughan, Environmental Coordinator, will be at the meeting to present the awards to the two winners. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to promoting an integrating arts, culture and community aesthetics in all City initiatives, including implementation where appropriate. SUPPORTING DOCUMENTS: None Prepared by: Stacy Voelker, Administrative Secretary Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Operations and Recreation Director Approved by: Nancy Deno, Deputy City Manager/HR Director Meeting: City Council Meeting Date: September 16, 2013 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA AUGUST 12, 2013 The meeting convened at 6:32 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, Steve Hallfin, Anne Mavity, Sue Santa, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Councilmember Julia Ross. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Community Development (Mr. Locke), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), and Recording Secretary (Ms. Hughes). Guests: Xcel Energy Representatives Michelle Swanson, Troy Browen, and Joel Li moges; and Pat Mascia (Duke Realty). 1. Future Study Session Agenda Planning – August 19 & August 26, 2013 Mr. Harmening presented the proposed special study session agenda for August 19, 2013, and the proposed study session agenda for August 26, 2013. Councilmember Santa requested that the August 26th study session agenda item regarding park shelter restrooms include a discussion regarding recycling bins in the parks. Councilmember Hallfin indicated he received a call from a resident about the 90-gallon recycling containers and felt this seemed large for a recycling container. Councilmember Mavity stated she assumed the recycling containers have been ordered already, adding there will be an open house on Wednesday evening explaining the program to residents. Mayor Pro Tem Sanger stated the postcard mailed to residents did not indicate that they could request a smaller cart. She stated residents have expressed a concern about where they will store their carts and how the City is going to enforce the ordinance regarding storage of carts, adding she felt this issue required more communication from the City to residents. Councilmember Hallfin respectfully disagreed and stated he felt the City’s communications have been done well. Councilmember Mavity stated the program begins September 30 and suggested that Council schedule further discussion of the program for later in the year after the program has rolled out. Councilmember Santa suggested that the City schedule an open house at Lenox to address any questions or concerns regarding the recycling program. 2. Discussion with Xcel Energy Representatives City Council Meeting of September 16, 2013 (Item No. 3a) Page 2 Title: Study Session Minutes of August 12, 2013 Mr. Harmening presented the staff report and introduced Xcel Energy representatives Ms. Michelle Swanson, Community Relations Manager; Mr. Troy Browen, Director of Control Center Operations; and Mr. Joel Limoges, Manager of Distribution Services. Mr. Limoges p rovided information regarding the June 21-23 storm event and indicated this was an unprecedented storm with widespread impacts and St. Louis Park was the second hardest hit region. He discussed Xcel’s preparation for storm events and systematic restoration efforts following a storm event and indicated the first wave of the storm on Friday morning impacted 192,000 customers with power restored to 152,000 customers early Friday morning. He stated the second wave at 7:00 p.m. on Friday impacted 310,000 customers and the third wave on Sunday morning impacted an additional 108,000 customers. He indicated that a total of 610,000 customers were impacted with over 24,000 outages reported in St. Louis Park. He stated that Xcel replaced 1,500 transformers and 467 poles and had over 100 feeder outages as a result of the storm and noted that Xcel’s system is built to withstand winds similar to the winds experienced during this storm and the major issue was the trees that came down onto the lines. He also discussed Xcel’s storm readiness and indicated that Xcel has begun using NCAR technology for weather monitoring and alerts that will allow Xcel to better respond to these storm events in the future. He added that Xcel has made a commitment to improve its communications efforts with its customers following a storm event. Mr. Harmening stated the City is a source for residents to call because they are connected to a live voice or can come to City Hall to speak with someone in person and the only information the City can share is what it hears on the radio or television, adding it has been suggested that Xcel provide more direct communication with the cities, including location and number of outages and estimated timeline for completion of repairs. Councilmember Spano asked if Xcel provides information to cities after a storm about the current situation as well as updates to provide constant communication. Ms. Swanson replied that Xcel does not currently provide this type of information and stated when a storm of this magnitude comes through, Xcel needs a certain amount of time to assess any damage; however, Xcel heard from a number of communities that it would be helpful if Xcel provided a high level communication to city managers with estimated outages and a timeline and is putting together a plan that will provide cities with frequent updates following a storm event. Mayor Pro Tem Sanger stated a resident complained that they were on a list that Xcel maintains of residents who have special medical needs and are dependent on their medical equipment being operational and the resident indicated their power was not restored for three days and claimed it caused some medical complications. Mr. Browen stated that residents with special medical needs are provided priority restoration but there is no guarantee that power will be restored within a few hours. Councilmember Mavity requested information about the cost of this storm and asked when it would become more cost effective to underground the power lines given the cost of these storms. Mr. Browen advised the June storm cost approximately $8 million and the biggest issue with undergrounding in St. Louis Park is the land rights and logistics of where underground lines would be located. He stated Xcel can provide information regarding the cost to underground St. Louis Park on a broad cost per foot basis but would need a detailed engineering study. He stated City Council Meeting of September 16, 2013 (Item No. 3a) Page 3 Title: Study Session Minutes of August 12, 2013 the industry is currently looking at the issue of resiliency and how to build better facilities, which would mean bigger wire and bigger poles or possibly using some sort of break-free device. He added that undergrounding would not have totally solved the impact of this storm and stated a recent study indicated that undergrounding has its own set of failure mechanisms, including water and lightning. Councilmember Mavity indicated it appears there are areas in St. Louis Park that are prone to frequent power outages and requested information about Xcel’s expectations regarding outages. Mr. Browen stated Xcel uses a System Average Interruption Frequency index (SAIF) and on average, customers can expect about .8 outages per year system wide in the metro area. He stated Xcel also uses a System Average Interruption Duration index (SAID) that indicates customers can expect about 94 minutes per year of interruption. He advised Xcel also utilizes a program called Reliability Exception Monitoring System (REMS) that requires an engineer to investigate and perform corrective action when a protected device has gone out more than two times in two years. He indicated another program used by Xcel is called Customer Experiencing Multiple Interruptions (CEMI) that produces a report of anyone with more than four outages, whether storm-related or not, and requires an engineer to do a similar investigation. He advised that all poles are inspected on a twelve-year cycle and any pole with less than 20% strength is replaced; in addition, Xcel spends approximately $13 million on cable replacements per year. He added that while outages are less frequent with undergrounding, the outages are longer in duration. Councilmember Mavity requested that Xcel provide information on any hot spots in St. Louis Park that are experiencing more frequent power outages than the norm. She also requested that Xcel provide information about any differences in the infrastructure between communities. Mr. Harmening stated that various communities recently met with Xcel representatives and requested additional metrix specific to communities as to the operations of Xcel in that community as well as location and frequency of power outages in order to better understand the condition of the system and the capital plan for addressing these issues. Councilmember Santa stated that a lot of complaints are received about the way Xcel trims trees and concerns have been raised about the trees being weakened after Xcel trims them. Ms. Swanson stated Xcel has a vegetation management staff that trims trees and they trim the trees for the health of the tree and do not trim for aesthetics. Mayor Pro Tem Sanger thanked the Xcel Energy representatives for their report. Ms. Swanson stated her commitment to get back to the City about how Xcel can accommodate its requests and to continue working proactively with the City. Mr. Harmening advised the City has been negotiating a renewal of the Xcel franchise agreement that expires at the end of the year and there is still some disagreement with Xcel regarding some performance issues related to construction projects. He added that a two-year extension of the franchise agreement was recently discussed and stated a two-year extension may be to the City’s advantage given the current negotiations taking place in the City of Minneapolis. He stated that the franchise agreement has been amended to allow the City to charge a permit fee whenever Xcel needs to go into the right-of-way to make repairs and Xcel has agreed to that change. City Council Meeting of September 16, 2013 (Item No. 3a) Page 4 Title: Study Session Minutes of August 12, 2013 It was the consensus of the City Council to pursue a two-year extension of the franchise agreement with Xcel Energy. 3. Major Amendment to West End PUD Regarding Restaurants Mr. Walther presented the staff report and explained a 2007 parking study indicated there was 82,277 square feet of restaurant space but current and potential leases will likely bring the development to the 82,377 cap and the developer has requested a site increase of 10% or up to 90,820 square feet of restaurant space. He noted this equates to approximately three or four more restaurants and some of the restaurants include other uses, e.g., entertainment venues that include a restaurant such as a comedy club or jazz club. He indicated a 2013 parking study showed that parking counts would still work with a surplus of parking and a potential shortage of up to 11 parking stalls, adding the developer has plans in place to manage employee parking if there is a shortage of parking. Mr. Pat Mascia, Senior Vice President for Duke Realty, stated the current restaurants are a little bigger than anticipated, e.g., Cooper and Crave have expanded, and they are currently negotiating a restaurant that will be bigger than expected so they need an additional allowance for total restaurant square footage. He pointed out they will not take any space designated as fashion retail and turn it into restaurant space. Councilmember Spano asked if the impact to the residential property across the street was factored in, stating there may be people who park their car in the lot and leave it there when going over to the residential property. He also asked about Councilmember Ross’s input following the recent meeting with City staff and Duke Realty. Mr. Mascia indicated there is always a risk that someone parks where they are not supposed to park and stated they have had to manage parking more intensively, e.g., the Rainbow parking lot, but overall they have not heard a lot of complaints. He stated they are adding some directional signage to let people know they can use the 1600 Tower parking ramp after hours. Mr. Locke advised that Councilmember Ross indicated she was generally in support of the PUD amendment and the biggest issue raised by Councilmember Ross had to with continuing to monitor traffic and making sure traffic continues to flow especially as the office buildings come on line. Mayor Pro Tem Sanger requested that any approval of additional restaurant square footage include a condition that no further requests for additional restaurant space will be considered. Mr. Mascia stated he was not opposed to limiting the amount of restaurant square footage but they would like some flexibility to have a mixed entertainment venue with a food component, e.g., a 9,000 square foot jazz club or comedy club with a 1,500 square foot restaurant. It was the consensus of the City Council to support the request to increase the maximum gross building area of restaurants by 8,543 square feet to a total of up to 90,820 square feet. 4. Knollwood Development Proposal Update Mr. Morrison presented the staff report and site plan depicting the proposed improvement area and explained the developer has requested that the proposed storm water improvements be City Council Meeting of September 16, 2013 (Item No. 3a) Page 5 Title: Study Session Minutes of August 12, 2013 completed in two phases with a dry pond installed in the first phase on the northwest corner near the Kohl’s lot followed by phase 2 where the pond would be replaced with underground tanks that accommodate the entire site. He stated the City is open to some phasing of these improvements but direction from Council in 2004 was that storm water is a priority and must be addressed. He advised that the Minnehaha Creek Watershed District (MCWD) has presented an opportunity to expand the proposed storm water system that accommodates the Knollwood site as well as 100 acres to the north and east and is proposing to pay for the portion of the cost not covered by the Knollwood obligation on the site. He noted that this matter is scheduled for a public hearing before the Planning Commission on August 21st and one of the conditions will include a requirement to provide financial guarantees for the entire 37-acre solution. He added the developer has indicated it would be difficult to pay for these improvements up front and there has been some discussion about MCWD financing the developer’s portion of the improvements. Councilmember Santa stated that storm water management on this site has been repeatedly deferred and felt that the developer’s proposal was yet another deferral and expressed concern about the amount of untreated storm water going into the neighborhood and the creek. She stated she liked the planned renovations to the mall but was struggling with deferring the storm water improvements again, particularly given the condition in the PUD requiring the developer to meet storm water requirements at the time of any building expansions. Councilmember Hallfin used the analogy of requiring buildings to become handicapped accessible whenever a major renovation occurs and felt this was a similar situation where the owner is doing a major renovation to the building and they need to meet the storm water requirements as part of that renovation. He added this mall has been renovated a number of times and felt it was time to require the site to meet the storm water requirements. Councilmember Spano requested further information about the developer’s rationale for their argument that this project does not rise to the level of a major project. Mr. Locke stated the developer is focused on trying to solve only the storm water issues on the portion of the site that they are changing. Councilmember Santa requested confirmation that MCWD is willing to finance the developer for their portion of the improvements. Mr. Locke replied in the affirmative. Mr. James Fisker, Director of Planning, Minnehaha Creek Watershed District, stated they have met with the owners and their attorney to discuss the substantial cost of retrofitting the storm water management system, which is more challenging than a typical site. He indicated the ratio of money to provide the requisite level of treatment is estimated at approximately $3.5 million with approximately $2 million being the responsibility of R ouse for the 37-acre site. He stated MCWD’s primary interest is in solving the storm water issues in a way that maximizes the greater public benefit and they have identified opportunities to deal with the storm water offsite that would benefit Rouse to some extent. Mayor Pro Tem Sanger agreed that the storm water improvements on this site have been deferred too many times and thought that Council made it clear in 2004 that the next project needed to fix the entire storm water system and she was not willing to approve a 40% solution. She stated that Council needs to either mandate that all storm water be managed as part of this project; if that City Council Meeting of September 16, 2013 (Item No. 3a) Page 6 Title: Study Session Minutes of August 12, 2013 cannot happen, then there should be a requirement that a significant amount of storm water improvements are done now with a promise to do the rest within a certain amount of time together with financial guarantees by Rouse. Councilmember Santa stated she was okay with a phased approach but would like to see a larger solution for this region that results in something that will be an asset to this neighborhood and the community. Councilmember Mavity stated she was okay with a phased approach if the timeline was short enough and with financial guarantees provided by Rouse. Mr. Peter Coyle, attorney for Rouse Companies, stated they have been working cooperatively with the City and understand and share the City’s desire to see the site’s drainage issues fixed. He explained that Rouse has taken over thirty centers nationally and the challenge is to make sure it can justify this investment and the other things the City is requiring and to find a way to pay for it and rationalize it within the pro forma. He stated they have a legal difference of opinion on this matter, adding they are not unmindful of the City’s policy objective and understand what the law requires and will do their best to find a solution and pledge that they will do what they can to work their way through this. 5. Southwest LRT (Verbal Report) Mr. Locke advised the Corridor Management Committee will meet on Wednesday and again on August 28th. He stated the SPO has presented its base plans for the light rail stations and all the communities have asked for things that would be improvements on that plan that are being referred to as betterments. He stated the SPO is also talking about deducts and one of the key things being discussed is the cost of the entire SWLRT project and the need to find ways to bring that cost down. He distributed talking points on the station plans prepared by staff and stated this document includes key things the City felt needed to be added to improve the overall project. He indicated the City is going to have to think about its priorities because it is likely that everything the City has asked for will not be included in the project. Councilmember Mavity felt the Louisiana Avenue station should be at the top of the list and felt that moving the station was the only way to remove the switching wye and will require Met Council to remove the last customer on the switching wye. She added the proposed station location is unfriendly for pedestrians and future development. Mayor Pro Tem Sanger stated she received an email last week from a resident criticizing the statement that the Louisiana Avenue station should be moved and requested that Councilmember Mavity provide her thoughts in response to this email and whether there is validity to some of those concerns. She agreed with getting rid of the wye and questioned whether Met Council could be required to remove the switching wye if they refuse to move the station. Mr. Locke indicated the Met Council has no authority to move the business at the end of the switching wye. He stated if the station is moved to the south there is a lot of property that would have to be acquired but they do not need all that land for running the light rail tracks and platform, which means there is residual land. He stated the watershed district has indicated they are willing to cover the cost of a 60’ buffer in this area. He added Methodist has indicated they are very much in favor of a south location for the station and they want the switching wye removed, adding the City might want to be involved in some of these residual properties as well. City Council Meeting of September 16, 2013 (Item No. 3a) Page 7 Title: Study Session Minutes of August 12, 2013 He stated that another key issue for the City has to do with grade separation at Beltline Boulevard that should happen when the project is built. Mayor Pro Tem Sanger agreed that grade separation at Beltline should be a high priority. She expressed concern about traffic and parking at the Wooddale station, noting this is supposed to be a pedestrian oriented station not requiring a park and ride but at the same time there has been discussion about how much traffic this area will generate and requested clarity around this issue. Mr. Locke stated that the Wooddale station items in general are the lesser priority or include things that can be worked out during future design work. Councilmember Mavity stated that one item not on this list includes grade separation at Xenwood, adding that taking grade separation at Wooddale off the list and putting in a grade separation at Xenwood makes more sense. Council discussed the municipal consent process and Councilmember Spano stated that St. Paul provided a conditional consent to the municipal consent process and negotiated their way through the central corridor process. He indicated a shallow tunnel keeps relocation from happening in St. Louis Park and there have been some discussions about the austerity that this would generate on the rest of the line and the potential impact to grade separation at Beltline and relocating the Louisiana Avenue station. Councilmember Mavity stated the Beltline discussion needs to include dealing with the Nordic Ware issue and making sure the City has a clear vision for Beltline regardless of what happens with light rail. After further discussion, it was the consensus of the City Council that the Louisiana Avenue station and grade separation at Beltline Boulevard represent top priorities for the City. Mr. Harmening stated that staff will amend the talking points based on Council’s discussion and refine the document from a priority perspective for further discussion with Council. Communications/Meeting Check-In (Verbal) Mr. Harmening advised that Council does not have a quorum for the canvassing vote currently scheduled for Thursday and Hennepin County has agreed to allow the canvassing vote to take place on Monday, August 19, 2013. The meeting adjourned at 9:49 p.m. Written Reports provided and documented for recording purposes only: 6. Project Update - Sanitary Sewer Project (MCES Hopkins Interceptor Rehabilitation) ______________________________________ ______________________________________ Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem Meeting: City Council Meeting Date: September 16, 2013 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA AUGUST 26, 2013 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Director of Operations and Recreation (Ms. Walsh), Planning/Zoning Supervisor (Ms. McMonigal), Park Superintendent (Mr. Beane), Recreation Superintendent (Mr. Birno), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – September 9, 2013 Mr. Harmening presented the proposed study session agenda for September 9, 2013. Councilmember Sanger requested that the agenda item regarding ownership and replacement costs in the right-of-way include a discussion regarding who owns the right-of-way from a legal standpoint and who is responsible when someone is injured in a right-of-way. 2. Park Shelter Restrooms Ms. Walsh presented the staff report and policy question for Council consideration. She also introduced Angela, the City’s summer intern. Councilmember Hallfin stated that he would like the City to initiate a pilot program to have the restrooms put on a timer at Browndale Park and perhaps one or two other parks in the City. Councilmember Sanger stated the City currently spends money to keep the restrooms clean and requested that staff provide information about the potential increased cost of keeping the restrooms clean if they are kept open for longer periods of time. She suggested that the City consider hiring a teenager to open and close the restrooms during the season. She also suggested that the City install a camera on the outside of the restroom doors for security purposes. She felt that the restrooms should be available for everyone to use and not just the athletic associations. Councilmember Spano stated he was supportive of using cameras outside the restrooms and that he would like to use a phased approach to increasing restroom hours in the City’s busiest parks. He suggested using a program similar to the Park Program where the kids open and close the restrooms. Councilmember Santa stated it was important to remember that some of the restrooms are located inside a building while other restrooms have a door to the outside and indicated she was less inclined to keeping restrooms open that are located inside an enclosed building. She agreed City Council Meeting of September 16, 2013 (Item No. 3b) Page 2 Title: Study Session Minutes of August 26, 2013 with the use of electronic locks and cameras on restrooms that have a door going to the outside, adding she felt that a mix of portable restrooms and expanded restroom hours made sense. Councilmember Mavity agreed with the idea of trying electronic locks on a couple of parks and felt the City would be well-served by using a volunteer from the community to open and close the restrooms. She suggested sending a request to the neighborhood groups advising them that the City is going to choose some parks for a pilot program and see if the neighborhood groups can put together a volunteer schedule for opening and closing the restrooms. Councilmember Ross agreed with the use of cameras but was not in favor of putting a youth or volunteer in charge of the restrooms because of safety issues. She suggested the City consider using key fobs that can track movement and who is using the restrooms adding this would eliminate the need to make sure someone has locked the restrooms. She added she did not agree with having expanded hours for restrooms only in certain parks. Councilmember Hallfin agreed with the use of motion cameras as well as appropriate security signage outside the restroom doors. Mayor Jacobs requested that staff provide information on the cost of installing cameras and signage. He stated the City would have to be selective about which park restrooms are open all the time noting it does not make sense to have bathrooms open at Wolfe Park because of its close proximity to the Rec Center. Councilmember Spano asked if the $13,000 cost for a new server would cover all parks. Mr. Beane replied in the affirmative and stated the City’s current server is at capacity and cannot accommodate any additional buildings. He added the $15,000 cost for electronic locks is for activating one entrance door and two bathroom doors. It was the consensus of the City Council to direct staff to provide further information regarding the cost to install cameras and signage at the City’s park restrooms and to implement a pilot program at a couple of parks. Mayor Jacobs thanked Mr. Birno for his many years of service to the City and wished him well in his new position. 3. Business Park Rezoning Ms. McMonigal presented the staff report and provided background information regarding the Business Park Zoning District classification. Councilmember Mavity agreed with the intent of the Business Park classification but felt it was too restrictive. She stated the SWLRT Community Works Committee has been looking at land uses around light rail stations and a panel of developers that reviewed the Business Park Zoning District felt it was too restrictive, adding she felt the City should have a light touch in response to the market. She indicated in the last couple of years, American Tire has invested millions of dollars in upgrades to its facility and did not believe the City should rezone their property. City Council Meeting of September 16, 2013 (Item No. 3b) Page 3 Title: Study Session Minutes of August 26, 2013 Councilmember Sanger supported the proposed Business Park Zoning District and supported rezoning all of the properties, including the five properties that have objected to the rezoning because she felt the City should have consistent zoning and she was not in favor of spot zoning. Councilmember Mavity stated the Bemis plant at Wooddale and 36th was recently sold to Nordic Ware and noted the underlying Comprehensive Plan has this area designated Moderate Residential. She asked if the owners would have been able to sell the property if the Business Park classification had been in place and applied to that location. Ms. McMonigal replied in the affirmative and stated they can continue the use and sell the property to another user. She distributed a handout prepared by the League that addresses the issue of non-conforming properties. After further discussion, it was the consensus of the majority of the City Council to direct staff to schedule First Reading to rezone the properties with the Planning Commission recommendation to except those properties whose owners formally objected to the proposed rezoning. 4. Southwest LRT Update Ms. McMonigal presented the staff report and draft Guiding Principles prepared by the Community Works Steering Committee and advised the goal is to have all the cities adopt the Guiding Principles. Councilmember Mavity advised that a request was submitted to move the Louisiana Avenue station closer to Methodist because the proposed location would limit a lot of economic development and limit access to the largest employer along the SWLRT, i.e., Methodist, as well as the affordable housing at Meadowbrook, which represents the largest density of affordable housing anywhere along the line. She also pointed out that the implications for freight rail and the switching wye in the current Louisiana Avenue station design are such that the trains may continue to switch all the way back through the Wooddale station. Councilmember Santa pointed out it also removes the tracks that are located next to the wetland. Mr. Harmening advised that the Corridor Management Committee is meeting on Wednesday to review the scope of the project and betterments that St. Louis Park and other cities have requested, including the proposed adjustment to the Louisiana Avenue station location, adding it is expected that the CMC will make a recommendation next week to the Met Council on the light rail design generally and the City believes it is important to make sure the CMC understands why the City has requested station area improvements at Wooddale, Louisiana and Beltline, and how these relate to the Guiding Principles adopted by the Met Council. Councilmember Ross felt that the draft Guiding Principles should be expanded in terms of expectations relative to a livable community adding she felt the document was a little weak as it relates to the language around housing choices in terms of proximity and access. Councilmember Sanger stated the Guiding Principles do not include having green space near station areas; in addition, the Guiding Principles do not include any references to having educational services, entertainment, or medical services in the station areas and felt these were important land uses to include. She also requested that the statement on page 6 to “develop a City Council Meeting of September 16, 2013 (Item No. 3b) Page 4 Title: Study Session Minutes of August 26, 2013 station hierarchy for users related to station typologies that will guide modal investment priorities” be revised. Mayor Jacobs stated that a letter has been drafted in response to former Hennepin County Commissioner Mark Andrew’s recent commentary in the Star Tribune. Mr. Harmening explained that former Hennepin County Commissioner Mark Andrew’s commentary referenced an agreement that the City and County entered into in 1998 related to the Golden Auto site. He stated the County was interested in studying the feasibility of a rail interconnect on the site and the City was interested in studying redevelopment on the site, adding this was a preliminary agreement and nothing came from it; however, former Commissioner Andrew’s commentary implied that the City did not live up to its commitment. He requested direction from Council regarding whether to respond to former Commissioner Andrew’s commentary. Mayor Jacobs felt that the City should respond to former Commissioner Andrew’s commentary in a fact-based letter that sets forth the City’s position that there was no agreement by the City at that time to agree to any reroute of freight rail and the City only agreed to study certain things and the City lived up to its obligations. He suggested that staff prepare a fact-based response to former Commissioner Andrew using Councilmember Sanger and Councilmember Spano’s draft letter as a starting point. After further discussion, it was the consensus of the City Council to direct staff to prepare a response to former Commissioner Andrew’s commentary and to have Mayor Jacobs sign this response. Communications/Meeting Check-In (Verbal) None. The meeting adjourned at 7:47 p.m. Written Reports provided and documented for recording purposes only: 5. July 2013 Monthly Financial Report 6. Highway 100 Project Update 7. Powell Road Storm Sewer Diversion – Minnehaha Creek Watershed 8. 2013 Semi-Annual Housing Programs Report 9. The West End AUAR Update 10. Open to Business Program Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: September 16, 2013 Minutes: 3c UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 3, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), Interim Director of Engineering (Mr. Sullivan), Associate Planner (Mr. Kelley), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. Special Study Session Meeting Minutes August 19, 2013 The minutes were approved as presented. 3b. City Council Meeting Minutes August 19, 2013 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Adopt Resolution authorizing installation of permit parking restrictions on Glenhurst Avenue from south of W. 34th Street to Bass Lake Park and north of W. 34th Street to 3336 and 3341 Glenhurst Avenue. (moved to regular Agenda 8d) City Council Meeting of September 16, 2013 (Item No. 3c) Page 2 Title: City Council Minutes of September 3, 2013 4b. Approve a Temporary On-Sale Intoxicating Liquor License for the Job’s Daughters Foundation of Minnesota, Inc. for a wine tasting event to be held on October 19, 2013 at the Paul Revere Masonic Center, 6509 Walker Street in St. Louis Park. 4c. Approve Second Reading and Adopt Ordinance No. 2445-13 amending Chapter 32, Sec. 32-202 of the St. Louis Park City Code pertaining to the Repair of Leaks, and approve the summary ordinance for publication. 4d. Adopt Resolution No. 13-124 approving acceptance of a monetary donation from Minnesota Park and SportsTurf Managers Association (“MPSTMA”) in the amount of $500 as compensation for expenses for Rick Beane to attend the 2014 STMA National Convention in San Antonio, Texas. 4e. Adopt Resolution No. 13-125 approving acceptance of a donation from Minnesota Recreation and Park Association for NRPA Congress registration, hotel and airfare for Cindy Walsh to attend the 2014 National Recreation and Park Association Congress October 8-10, 2013 in Houston, Texas ($2,074.62). 4f. Adopt Resolution No. 13-126 approving acceptance of a monetary donation from Advanced Disposal in the amount of $400 for the Great Pumpkin Carve event. 4g. Adopt Resolution No. 13-127 approving acceptance of a monetary donation from Becky Finnigan in the amount of $500 to replace a nameplate on a memorial bench and for plantings or programming needs at Westwood Hills Nature Center. 4h. Adopt Resolution No. 13-128 approving acceptance of monetary donations from friends and family in memory of Mary Patricia Hughes and Matthew Mezger in the amount of $320 for a tree or plantings by the trails in Wolfe Park. 4i. Authorize distribution of The West End AUAR Update. 4j. Adopt Resolution No. 13-129 approving the Amended and Restated Subordination Agreement between Oak Grove Commercial Capital, the St. Louis Park Economic Development Authority, the City of St. Louis Park, and Excelsior & Grand LLC relative to Phase I of the Excelsior & Grand redevelopment project. 4k. Approve the Estoppel Certificate between the EDA, the City, Meridian Properties Real Estate Development, LLC, and Excelsior & Grand LLC relative to the Excelsior & Grand project. 4l. Approve for filing Housing Authority Meeting Minutes July 10, 2013. 4m. Approve for filing Planning Commission Meeting Minutes July 17, 2013. 4n. Approve for filing Planning Commission Meeting Minutes August 7, 2013. 4o. Approve for filing Vendor Claims. 4p. Approve for filing Board of Zoning & Appeals Meeting Minutes June 27, 2013. 4q. Approve for filing Environment and Sustainability Commission: Sustainable SLP Meeting Minutes July 17, 2013. Mayor Jacobs noted that Consent Calendar item 4a has been removed and placed on the Regular Agenda. City Council Meeting of September 16, 2013 (Item No. 3c) Page 3 Title: City Council Minutes of September 3, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4a to the Regular Agenda as item 8d; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Adoption of the 2014 Preliminary General Fund Budget, 2014 Preliminary Property Tax and 2014 Preliminary HRA Levies. Resolution Nos. 13-130 and 13-131. Mr. Swanson presented the staff report and proposed 2014 Preliminary General Fund Budget, 2014 Preliminary Property Tax Levy, and 2014 Preliminary HRA Levy. He advised that the recommended 3.5% increase in the property tax levy is less than the State statutory maximum of 5.76% and the proposed levy is spread over six funds to partially fund the operations of the City. He stated the proposed 2014 HRA Levy cannot exceed 0.0185% of the City’s estimated market value and the maximum 2014 HRA Levy has been calculated at $949,359, which is $48,426 or 5.38% more than the 2013 HRA levy. He added the City’s Truth in Taxation public hearing is proposed to be held on December 2, 2013, with adoption of the final 2014 budgets, 2014 property tax levy, 2014 HRA levy, 2014-2018 CIP, and 2014 utility rates taking place on December 16, 2013. Councilmember Sanger pointed out that the adoption of the preliminary levies by Council this evening means that Council is setting the ceiling on the levies and the levies cannot be increased but may be lowered between now and final adoption in December. Councilmember Mavity asked if the City has received final figures from Hennepin County with respect to the City’s contribution to the fiscal disparities program. Mr. Swanson advised the City received final figures from Hennepin County last week and the City’s fiscal disparities contribution has increased approximately $729,000 compared to the 2013 net contribution, adding this increase represents an approximate 1% increase in the City’s net tax capacity. He advised this means that over the long term, the City is seeing steady or slight increases in its commercial and industrial properties as well as contributing a larger share to the fiscal disparities pool. Councilmember Sanger asked if this $729,000 increase has been factored into the 2014 budget. Mr. Swanson replied in the affirmative and explained that the City’s increased contribution to the fiscal disparities pool impacts the City’s tax rates but does not impact City Council Meeting of September 16, 2013 (Item No. 3c) Page 4 Title: City Council Minutes of September 3, 2013 the City’s budget, adding the proposed 3.5% increase in the Preliminary Property Tax Levy does not need to be adjusted as a result of the increased fiscal disparities contribution. Councilmember Hallfin asked how much the City would be receiving in Local Government Aid (LGA) in 2014. Mr. Swanson replied the City will receive $458,000 in LGA for 2014 and will also receive the same amount in 2015. He noted staff has suggested that the LGA funds remain in the Capital Replacement Fund and to not rely on LGA in the General Fund for the City’s operations. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 13-130 Approving 2014 Proposed General Fund Budget, 2014 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2014 Budget and Final Property Tax Levy. The motion passed 7-0. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 13-131 Authorizing the Preliminary HRA Levy for 2014. The motion passed 7-0. 8b. Powell Road Storm Sewer Diversion – Minnehaha Creek Watershed. Resolution No. 13-132. Mr. Sullivan presented the staff report and explained that the Minnehaha Creek Watershed District (MCWD) presented this project as part of their long-range planning to improve the quality and manage the quantity of storm water runoff. He presented an aerial photo of the project area stating that MCWD plans to divert 217 acres of untreated storm water into a regional pond before being discharged to Minnehaha Creek. He advised that MCWD is paying all upfront costs of the project and the City would be responsible for long-term maintenance of the new storm sewer network within the City. Councilmember Spano noted the proposed project goes underneath the current freight rail and bike trail and asked if any discussions have taken place with the SWLRT Project Office (SPO) about this project and its potential impact on SWLRT. Mr. Sullivan replied that MCWD is part of the SWLRT process and the SPO is aware of MCWD’s plans, adding the pipe is deep enough that it will not impact any future design of light rail, freight rail, and/or the bike trail in this area. It was moved by Councilmember Hallfin, seconded by Councilmember Santa, to adopt Resolution No. 13-132 Supporting Minnehaha Creek Watershed District Powell Road Storm Sewer Diversion Project. The motion passed 7-0. City Council Meeting of September 16, 2013 (Item No. 3c) Page 5 Title: City Council Minutes of September 3, 2013 8c. Conditional Use Permit – TCF Bank Knollwood (8951 36th Street West). Resolution No. 13-133. Mr. Kelley presented the staff report and explained that TCF has requested a CUP for in- vehicle sales and service at 8951 36th Street West, noting that TCF intends to move to the subject property and not add another bank location in the Knollwood area. He presented the site plan and stated the entrance would remain off Boone Avenue and the project includes four drive-thru lanes on the western side of the building with adequate stacking provided to meet the City’s requirements. He indicated the western portion of the site is available for future redevelopment opportunities and the City has requested a sidewalk easement as part of the project. He presented a concept drawing of the building and stated the proposed one-story building is 2,800 square feet and is 35’ to the top of the entrance façade. He indicated the landscape plan meets the City’s requirements and includes 200 shrubs and trees. He stated the storm water management system has been approved by the City Engineer and includes an underground system on the site. He stated the applicant has provided 16 parking spaces adjacent to the building with access to 51 additional spaces through a shared parking arrangement with Target and Big Lots and indicated the building and drive-thru lanes exceed the City’s setback requirements. Councilmember Santa requested clarification about the storm water system noting that this area has had significant storm water concerns in the past. She also asked about the height of the proposed building compared to the existing building. She noted that there is a change in elevation in the parking area and asked about the ADA ramp’s location. Mr. Kelley advised that a new underground storm water system will be installed as part of this project and the City has a policy of requiring projects to hold a 100-year flood event on the site and release at the 10-year rate prior to completion of the project. He also pointed out that the ADA ramp referred to a pedestrian refuge in one of the parking lot islands being accessible. Mr. Mike Kraft, HTG Architects, 9300 Hennepin Town Road, Eden Prairie, appeared before the City Council on behalf of TCF Bank and stated that the new storm water management system was designed so that the piping will be extended within the system if and when the remainder of the property is developed. He stated the height of the proposed building is roughly the same as the height of the existing building, adding they have raised the entrance area a little. Councilmember Santa indicated there have been issues in the past related to parking and access and easements and urged the City to make sure all these issues are resolved and clearly spelled out prior to construction to avoid any questions in the future. It was moved by Councilmember Santa, seconded by Councilmember Ross, to adopt Resolution No. 13-133 Granting a Conditional Use Permit to Permit In-Vehicle Sales and Service for Property Located at 8951 36th Street West. The motion passed 7-0. City Council Meeting of September 16, 2013 (Item No. 3c) Page 6 Title: City Council Minutes of September 3, 2013 8d. Resolution Authorizing Installation of Permit Parking Restrictions on Glenhurst Avenue from South of W. 34th Street to Bass Lake Park and North of W. 34th Street to 3336 and 3341 Glenhurst Avenue. Resolution No. 13-134. Mr. Sullivan presented the staff report and explained that a petition was received requesting permit parking along a portion of Glenhurst Avenue north of the Ellipse. He presented a graphic of the area and stated that the resident at 3341 Glenhurst Avenue has indicated they do not see a need for permit parking; as a result, the installation of permit parking has been revised to end at 3345 Glenhurst Avenue on the east side and to end at 3336 Glenhurst Avenue on the west side. Councilmember Mavity asked if there are any exceptions to the permit parking requirements. Mr. Sullivan advised there would be an exception for delivery trucks, e.g., UPS delivery trucks or Postal Service trucks, and those activities would still be allowed within the typical permit parking only zone. Councilmember Mavity requested that Council retain the option to reconsider how to deal with delivery trucks serving the commercial areas if parking becomes a continuing challenge in the neighborhood. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve Resolution No. 13-134, as amended, authorizing Installation of Permit Parking on Glenhurst Avenue South of W. 34th Street and North of W. 34th Street to 3336 and 3345 Glenhurst Avenue (Traffic Study No. 642). The motion passed 7-0. 9. Communications Mayor Jacobs asked residents to remain watchful of children waiting for the school bus and overall increased traffic with the start of the school year. 10. Adjournment The meeting adjourned at 8:04 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: September 16, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Reappointment of Citizen Representatives to Boards and Commissions RECOMMENDED ACTION: Motion to reappoint the following commissioners as a city representative to their respective commissions with terms as follows: Name Commission Term Expiration Richard Webb Housing Authority 6/30/2018 Tyler Dixon Planning Commission – Youth Member 8/31/2014 POLICY CONSIDERATION: Does the Council wish to reappoint the commissioners listed above to serve another term on their respective commissions? SUMMARY: Mr. Webb was appointed to the Housing Authority by the Council on March 18, 2013, to fill a vacated position with a term expiring on June 30, 2013. Mr. Dixon was appointed as Youth Member to the Planning Commission on March 4, 2013 with a term expiring on June 30, 2013. The staff liaisons have been consulted, and both commissioners have indicated that they wish to be reappointed. Commissioners whose terms are ending complete and submit a form stating why they wish to be reappointed. Reappointment status forms are on file in the City Clerk’s Office, should Councilmembers wish to review the information. Following are the current Boards and Commissions vacancies: Commission Vacancies Term Human Rights Commission - Youth Commissioner 2 1-year Parks and Recreation Advisory Commission -Youth Commissioner 1 1-year Police Advisory Commission - Youth Commissioner 1 1-year Telecommunications Advisory Commission - Youth Commissioner 1 1-year FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Kay Midura, Office Assistant – Administrative Administration Reviewed by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: September 16, 2013 Consent Agenda Item: 4b OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF May 22, 2013 ST. LOUIS PARK COUNCIL CHAMBERS MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Cindy Hoffman, Toby Keeler, Rolf Peterson, and Bill Theobald MEMBERS ABSENT: None STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community TV Coordinator OTHERS PRESENT: Karly Werner, Comcast 1. Call to Order Chair Theobald called the meeting to order at 7:02 PM. 2. Roll Call Present at roll call were Commissioners Browning, Dworsky, Hartman, Hoffman, Keeler, Peterson and Theobald. 3. Approval of Minutes for February 27, 2013 It was moved by Commissioner Browning, seconded by Commissioner Keeler, to approve the minutes of February 27, 2013, without changes. The motion passed 7-0. 4. Adoption of Agenda It was moved by Commissioner Browning, seconded by Commissioner Peterson, to approve the agenda. The motion passed 7-0. 5. Public Comment Phillip Hogland, 2716 Vernon Av. S, expressed concern over problems he had with his cable service the past week when they were switching channels from analog to digital last Tuesday. He said it was a frustrating experience that required 8 hours of his time to resolve. All of the local channels, 2-13, plus 20, and some others, were displaying an “interruption in service” message. His neighbor had the exact same problem. However, what should have happened before the change is that the filters on the main line on the pole should have been removed. The filters were not removed, which caused the system to stop working, according to the Comcast City Council Meeting of September 16, 2013 (Item No. 4b) Page 2 Title: Telecommunications Commission Meeting Minutes May 22, 2013 technician who resolved the problem. Mr. Hogland said that he wanted to mention this in case others were having the same problem; look for a 2 inch by ½ inch cylinder on the cable line, and call Comcast to see if it should be removed. Mr. Dunlap noted Mr. Hogland was complaint #20 on the log. He spoke with escalation staff who said that changing the frequencies that carry local channels caused the problem. He would try to find out what happened, and reported that he received several calls about missing channels on DTA’s last week. Commissioner Browning said he’d be curious to talk to Comcast technical staff to find out if those filters were supposed to be removed and someone just forgot, since it obviously had an impact. Commissioner Hoffman asked how long this went on, was it for a couple of days? Mr. Hogland said he noticed it Wednesday, and it was out until Saturday afternoon. In the meantime, Mr. Hogland followed the directions posted on the web site, called tech support and spoke with them for two hours, then worked with a tech on the chat line for an hour or so, at which point he was told to bring the adapter in to a service center. He took the DTA to the cable store Friday noon, came back home with a new adapter and set that up, then went back on the chat line for another two hours because it didn’t fix the problem. On Saturday morning, he went on the chat line again for an hour, and they told him it was his TV, or inside wiring, and they wanted him to commit to pay for a Comcast service call. Instead, Mr. Hogland went shopping for an over the air antenna, and when he returned a Comcast tech was in the alley to assist the neighbor. Mr. Hogland told him about the problem, and the tech said he’d just fixed that by removing the filter, which he noticed while servicing the neighbor’s line. Commissioner Peterson asked if Comcast tech support could communicate with the DTA’s, and Mr. Hogland said yet. Commissioner Peterson said he was surprised that the intelligent device used by tech support couldn’t find the problem. Mr. Hogland said he called Comcast again to request a credit, and was granted a credit of $1.65. Commissioner Browning asked if the chat line was staff by technical people, or customer service reps? Mr. Hogland said he thought the chat line was more effective than spending the time on the telephone, and he gets to have a transcript of the conversation. He said the level of service was low, by his expectations. Mr. McHugh said that he recommended that Mr. Hogland give Comcast one last phone call to upgrade the credit to the $20 mentioned in the Comcast customer service guaranty. 6. Action Items A. Franchise fee audit partnership Mr. Dunlap provided a memo summarizing potential audit partners which did not include information from Minneapolis or St. Paul. Chair Theobald asked if there was any information about when that would be available, like the next month or two? Mr. Dunlap City Council Meeting of September 16, 2013 (Item No. 4b) Page 3 Title: Telecommunications Commission Meeting Minutes May 22, 2013 said it could be several months while the cities and Comcast worked on a settlement, which would then be reported in public documents available to St. Louis Park. 7. Reports A. Complaints Mr. Dunlap noted there were a few more complaints than usual, but they dated back to February 5th. To the best of his knowledge, all of them have been resolved. Commissioner Browning asked how many complaints go to Escalation? Mr. Dunlap replied that all complaints that come to City staff are referred to Escalation. Commissioner Browning said that he noticed the common thread was having difficulty getting ahold of somebody who could understand the problems. He said we’ve seen this before, and we know they’re trying to improve what they’re doing and have more people in specific technical areas. It’s pretty much impossible to have any one person know everything about the system. He said it’s common to see in the complaint log a lack of knowledge by customer service, which is very frustrating for the customer. Mr. McHugh stated he received an additional complaint the previous day and customer service didn’t understand the issues and wanted to up-sell the customer. It turned out the customer had been mistakenly receiving on demand content at no charge until Comcast fixed the problem on their end. He said that Comcast doesn’t drop the ball that often, or our phone would never stop ringing. It’s upsetting to see these worst case scenarios but fortunately there aren’t a lot of them. Commissioner Browning said he’d toured Comcast’s Roseville head end and the technology was incredible. Commissioner Peterson said that the progression about losing channels one at a time, like AMC, may be stabilized with the all-digital network, which may be better, but doesn’t solve the customer service problems. Ms. Werner, Comcast, stated there had been a lot of changes and the major change was moving to an all-digital system. Some customers have issues with DTA’s and that takes awhile to work out. Also, they had been reconfiguring the customer call center, which would be more efficient with customer service agents who were deeper in substance, rather than a geographic area. Each call center will focus on one area; St. Paul will be billing, and the loyalty center will be in Minnetonka. Tech-specific issues will be in Portland and Houston. The customer gets a prompt when they call in, so they can be sent to the correct call center. It has been difficult during the transition because they are retraining and re-hiring and had to rely more heavily on third party partners, which is almost over. Comcast is moving some channels around on the spectrum to standardize somewhat more to allow more bandwidth for other advanced services. We’re trying to do it so customers don’t have to reset a box, but they may have to re-scan a QAM tuner to find the channels. That’s been happening over the last week so that could have contributed to the problems as well. City Council Meeting of September 16, 2013 (Item No. 4b) Page 4 Title: Telecommunications Commission Meeting Minutes May 22, 2013 Commissioner Browning asked if it was possible to talk with a technician at the call center, not a service rep? Ms. Werner replied agents will have deeper knowledge and be able to spot issues better or get referred to technician. Commissioner Hartman said he had an issue where he was stuck on channel 1 when he tried to enter a channel 111, for example, and it would take 10 or 15 seconds to get off that channel. So the customer service rep said it looks like you’ll have to speed up your pinkies. He was angry that customer service took it lightly even though it was a real problem, so he switched to Dish TV and was sick of Comcast staff. Ms. Werner said she was sorry the staff had handled it that way, and that they take all feedback to heart. Commissioner Browning said technology is more complicated than ever and tough on older customers to understand. Mr. McHugh asked about PEG channels moving. Ms. Werner stated they are moving the frequency that carries the local channels, but not going to change the where they are found in the channel line-up or from a Comcast box. Some QAM tuners will need to re-scan to find the signals. She would send an email with more details in case there were more calls. Mr. Dunlap said he could add information about the change to the cable TV information on the City web site. Ms. Werner said the positive side is that they have rolled out a lot of new services and high definition channels, as well as doubled internet speeds at no additional cost. B. Fiber network update Mr. Dunlap talked with Clint Pires to prepare the memo in the packet, who reported overall they were making a lot of progress on the recommendations of the Fiber Study. The City plans to complete many of the fiber links so there will be redundant fiber in case of fiber cuts. Mr. Pires reached out to Park Nicollet, and will build fiber to the library in the next year or two, which were also recommendations. The City wants to create revenue by leasing fiber but the link to the library will be a public service for Hennepin County to improve internet access at that site. C. Streaming video equipment upgrade Mr. Dunlap presented a demonstration of a two test live streams and compared them to the existing streams. Live streaming video dates to 2006 when the City purchased cards and installed them in computers and they’ve been working ever since. LOGIS has been handling the live streaming for the last two years at no additional cost for that service, they added it to the list of services provided to the City. That saves the City about $1,000 per month that Implex charged for their streaming service and video on demand hosting. Commissioner Browning asked about the hardware required? Mr. Dunlap said it is a Viewcast Niagara 9100 8A, meaning it can provide up to 8 live streams, and the City has 5 channels. The reason for the new hardware is to reach more mobile devices, which City Council Meeting of September 16, 2013 (Item No. 4b) Page 5 Title: Telecommunications Commission Meeting Minutes May 22, 2013 currently cannot receive the City’s channels. LOGIS is demoing the software to reach all Apple products like iPads and iPhones. But it won’t reach every mobile device, because some Android phones will have to download a flash video player, and not all of the phones can download that player. Commissioner Browning said that it was a substantial improvement. Mr. McHugh asked if all eight streams were the same quality? Mr. Dunlap said no. Mr. McHugh said that means it can do a lower bit rate stream, for folks who don’t have Comcast high speed service. Mr. Dunlap said the extra resolution wouldn’t be obvious for most programs from the Chambers seen on channel 17, but it would be noticeable on sports coverage. The unit has many other useful features, for example, it will send an email alert if one of the channels stops streaming. D. Comcast DTA activities Mr. Dunlap stated at the beginning of the year, Comcast changed how they do DTA’s for customers with service other than basic cable. For basic cable they get up to three for free. However if you have Digital Preferred or Economy, you get charged $1.99/each for a digital adapter outlet service. There was a little controversy about the charge, because it was sort of like saying that the DTA used to cost nothing, and now it cost $1.99. But the way Comcast classified the cost was as an additional outlet service. At least one city contacted their legal staff and put a stay on the charge and it’s not clear how that will turn out. The St. Louis Park City Attorney said he didn’t see enough basis to dispute the charge, so we didn’t pursue it like the other city has. Mr. Dunlap said he wanted to update the Commission in case there was any more news coverage about this. 8. Communication from the Chair Commissioner Keeler provided an update on MACTA. The Broadband Task Force has been placed under the Department of Commerce, which is probably a good thing. It has received funding and should become more active, and now has a representative from the City of St Paul, the first government agency representative on the Task Force. There is a Telecomm bill in committee that may see action next year, so that’s being watched closely by MACTA lobbyists. The MACTA annual conference is October 29th in Bloomington at the same site as last year. In 2014 it will be in May to make room for the NATOA conference September 29th-October 4th in St. Paul. He is the membership committee Co-Chair for MACTA. 9. Communications from City Staff Mr. McHugh handed out the programming roster for TV15, which is up to program #45. City Council Meeting of September 16, 2013 (Item No. 4b) Page 6 Title: Telecommunications Commission Meeting Minutes May 22, 2013 Mr. Dunlap noted that they would be doing remodeling in City Hall. The first floor and parking will change to the East side, where the new entrance will be located. Mr. Browning stated Comcast has a head end facility in Roseville and suggested the Commissioners tour that location and have a meeting there. He toured it with other TV engineers and found it interesting that it can be run entirely on battery power, in case of a power outage. He asked a Comcast technician how much streaming video from Netflix and You Tube taxes the system, and the answer was currently, about 40% of capacity. But after another 100 gigabit switch is added soon, traffic will drop to 9% of capacity. So they have capacity to grow, and to see them double our internet speeds was a nice thing. 10. Adjournment Commissioner Dworsky made a motion, Commission Browning seconded to adjourn at 8:06. The motion passed. Respectfully submitted by: Amy L. Stegora-Peterson Recording Secretary Meeting: City Council Meeting Date: September 16, 2013 Consent Agenda Item: 4c FIRE CIVIL SERVICE COMMISSION MINUTES June 7, 2013 – 8:30 a.m. FIRE STATION 1 TRAINING ROOM 1) The meeting was called to order at 8:32 a.m. by President Lee. 2) In attendance were Commission President David Lee and Commissioner Jim Rhodes. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Mark Windschitl, Interim Fire Chief; Rodger Coppa and Cary Smith, Assistant Chiefs; Mark Nelson, Fire Captain; Eva Schlegel, Fire Lieutenant; and Andy Willenbring and Jens Anderson, Firefighters. 3) A motion was made by Commissioner Rhodes, seconded by President Lee, to approve the minutes of the April 30, 2013 meeting. Motion carried unanimously. 4) Commissioners reviewed and approved the notes from the May 22, 2013 meeting with Consultant Richard Fursman regarding the upcoming recruitment process for Fire Chief. 5) The Firefighter Eligibility Roster was presented to the Commission. 14 candidates successfully completed all components of the process and are recommended for approval. A motion was made by Commissioner Rhodes, seconded by President Lee, to approve the Firefighter Eligibility Roster. Discussion followed indicating the process was successful in identifying candidates who are excellent prospective employees. Motion carried unanimously. 6) A motion was made by Commissioner Rhodes, seconded by President Lee to certify the top three names on the Firefighter Eligibility Roster: Matt Evans, Neal Dwyer, and Andy Chapeau. Motion carried unanimously. 7) In other business, the Commission discussed the expiration of the Captain process and noted the Union’s desire to keep the list current. Management will discuss their intended direction with the union at upcoming labor-management meetings, with the intention to proceed with a new Captain’s list as soon as administratively feasible. 8) The Commission adjourned at 9:04 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Meeting: City Council Meeting Date: September 16, 2013 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period August 24, 2013 through September 6, 2013. POLICY CONSIDERATION: Not applicable. SUMMARY: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 1Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 1,680.00INSPECTIONS G & A TRAINING10,000 LAKES CHAPTER 1,680.00 122.61ORGANIZED REC G & A MILEAGE-PERSONAL CARABERNATHY, LISA 122.61 158.26STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEABLE HOSE & RUBBER INC 158.26 763.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 763.00 900.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESACACIA ARCHITECTS LLC 900.00 35.75WATER UTILITY G&A GENERAL CUSTOMERSADDINGTON, FRANCES 35.75 92.20OPERATIONSOPERATIONAL SUPPLIESAIRGAS NORTH CENTRAL 92.20 42,951.51GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEALBERS MECHANICAL CONTRACTORS 1.51-GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURES 42,950.00 981.00FACILITIES MCTE G & A BUILDING MTCE SERVICEALLIANCE MECH SRVCS INC 981.00 41.44WATER UTILITY G&A GENERAL CUSTOMERSALTISOURCE SOLUTIONS 41.44 78.71POLICE G & A TELEPHONEAMERICAN MESSAGING 78.71 62.06WATER UTILITY G&A GENERAL CUSTOMERSANDERSON, RENATA 62.06 176.17WATER UTILITY G&A GENERAL CUSTOMERSANDERSON, SCOTT 176.17 297.31NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESAQUILA NEIGHBORHOOD ASSN 297.31 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 2 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 2Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 15.00ENVIRONMENTAL G & A SUBSCRIPTIONS/MEMBERSHIPSARBOR DAY FOUNDATION 15.00 75.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESARNTSON, JAKE 75.00 5,557.50GENERAL FUND BALANCE SHEET INVENTORYASPEN EQUIPMENT CO 5,557.50 683.94OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 683.94 27,460.32-PAVEMENT MANAGEMENT B/S RETAINED PERCENTAGEASTECH 549,206.44CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 521,746.12 358.50WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC 358.50 601.44BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMANS 601.44 6,745.00PE PLANS/SPECS ENGINEERING SERVICESBADGER STATE INSPECTION LLC 6,745.00 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICBARDEN, JEFF 2,500.00 224.25PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESBARNUM GATE SERVICES INC 224.25 720.00ROUTINE MAINTENANCE CLEANING/WASTE REMOVAL SERVICEBARTON SAND & GRAVEL CO 720.00 225.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESBECKMAN, LORA 225.00 200.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESBERGEN, SARA & MATT 200.00 11,116.25REILLY G & A EQUIPMENT MTCE SERVICEBERGERSON CASWELL INC City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 3 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 3Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 11,116.25 237.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESBERGGREN, DANIEL & SARAH 237.50 465.24NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBERSCHEID, GARY 465.24 16,166.16-CAPITAL REPLACEMENT B/S RETAINED PERCENTAGEBLACK & DEW LLC 323,323.35MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 307,157.19 170.14GENERAL REPAIR GENERAL SUPPLIESBLUE TARP FINANCIAL INC 170.14 20,694.00ENGINEERING G & A GENERAL PROFESSIONAL SERVICESBOLTON & MENK INC 1,190.77ENGINEERING G & A ENGINEERING SERVICES 21,884.77 220.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEBORTOLUSSI, JAMES 220.00 395.83GENERAL FUND BALANCE SHEET INVENTORYBOYER TRUCK PARTS 395.83 673.50CE MATERIALS TESTING ENGINEERING SERVICESBRAUN INTERTEC CORPORATION 639.50CE MATERIALS TESTING ENGINEERING SERVICES 1,313.00 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICBRENNER, ANDREW 2,500.00 264.96DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIESBRIN NORTHWESTERN GLASS CO 264.96 91.91OPERATIONSGENERAL SUPPLIESBROADWAY AWARDS 91.91 203.40ENVIRONMENTAL G & A OTHER IMPROVEMENT SUPPLIESBROCK WHITE CO LLC 203.40 328.25NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESBROOKSIDE NEIGHBORHOOD ASSN City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 4 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 4Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 328.25 64.78WATER UTILITY G&A GENERAL CUSTOMERSBROXEY, BRANDON 64.78 220.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEBRUESTLE, SHARON 220.00 200.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESBURNSTEIN, LARRY 200.00 11,300.00REILLY BUDGET CLEANING/WASTE REMOVAL SUPPLYCALGON CARBON CORP 11,300.00 100.07REFORESTATION FUND OTHER CONTRACTUAL SERVICESCANTOR, SUSAN 100.07 487.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESCARMAZON, ANNA 487.50 739.50SOFTBALLOTHER CONTRACTUAL SERVICESCARTER, JAMES 739.50 868.90IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 868.90 1,048.15TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 1,048.15 60.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTATCEAM 60.00 75.00COMMUNITY OUTREACH G & A SEMINARS/CONFERENCES/PRESENTATCENTER FOR SOMALIA HISTORY STU 75.00NEIGHBORHOOD OUTREACH TRAINING 150.00 21.81SEWER UTILITY G&A HEATING GASCENTERPOINT ENERGY 21.81 6,813.42ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 6,813.42 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 5 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 5Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 7,566.76PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCENTRAL WOOD PRODUCTS 7,566.76 280.85CELLPHONES, IPADS, ETC.TELEPHONECENTURY LINK 280.85 110.00WATER UTILITY G&A GENERAL CUSTOMERSCHARETTE, THEODORE 110.00 25.00AQUATIC PARK BUDGET OPERATIONAL SUPPLIESCHUX SCREEN PRINTING 25.00 114.55-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 18.92ADMINISTRATION G & A OFFICE SUPPLIES 7.48ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES 405.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 236.44ADMINISTRATION G & A MEETING EXPENSE 1,270.20COMM & MARKETING G & A PRINTING & PUBLISHING 575.00COMM DEV PLANNING G & A TRAINING 695.24GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 94.07POLICE G & A OPERATIONAL SUPPLIES 85.81POLICE G & A COMPUTER SUPPLIES 32.44POLICE G & A SMALL TOOLS 38.49POLICE G & A BLDG/STRUCTURE SUPPLIES 85.82POLICE G & A OTHER CONTRACTUAL SERVICES 512.62OPERATIONSGENERAL SUPPLIES 221.25OPERATIONSOPERATIONAL SUPPLIES 762.23OPERATIONSTRAINING 49.73ENGINEERING G & A OPERATIONAL SUPPLIES 515.00SURFACE WATER MANAGEMENT SEMINARS/CONFERENCES/PRESENTAT 18.22TV PRODUCTION GENERAL SUPPLIES 47.69PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 12.24STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 16.50-CAPITAL REPLACEMENT B/S DUE TO OTHER GOVTS 315.34TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 139.44TECHNOLOGY REPLACEMENT POLICE EQUIPMENT 8.56ORGANIZED REC G & A GENERAL SUPPLIES 2,298.00ORGANIZED REC G & A TRAINING 42.89VOLLEYBALLGENERAL SUPPLIES 214.06PLAYGROUNDSGENERAL SUPPLIES 45.02PLAYGROUNDSMEETING EXPENSE 60.54-SUMMER FIELDTRIPS GENERAL SUPPLIES City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 6 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 6Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 172.50SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICES 247.11PARK MAINTENANCE G & A GENERAL SUPPLIES 138.94BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 149.08WESTWOOD G & A OFFICE SUPPLIES 140.91WESTWOOD G & A GENERAL SUPPLIES 122.84JUNIOR NATURALISTS GENERAL SUPPLIES 340.00REC CENTER/AQUATIC PARK SAL TRAINING 19.21REC CENTER BUILDING MOTOR FUELS 857.59REC CENTER BUILDING BUILDING MTCE SERVICE 112.42AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 45.53AQUATIC PARK MAINTENANCE EQUIPMENT MTCE SERVICE 343.24LIFEGUARDINGGENERAL SUPPLIES 8.92CONCESSIONSCONCESSION SUPPLIES 11,253.90 170.61IT G & A DATACOMMUNICATIONSCOMCAST 170.61 5,806.59PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 986.57ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 6,793.16 579.60EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S 579.60 68.22WATER UTILITY G&A GENERAL CUSTOMERSCONSERVICE REO UTILITIES 68.22 36.86WATER UTILITY G&A GENERAL CUSTOMERSDAHLIN, TOM 36.86 2,302.09WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 2,302.09 5,576.50GENERAL BUILDING MAINTENANCE CLEANING/WASTE REMOVAL SUPPLYDALCO ENTERPRISES INC 842.82PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 6,419.32 158.28PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESDAMA-MP INC 158.28 79.00OPERATIONSOPERATIONAL SUPPLIESDE PAUL LETTERING City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 7 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 7Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 79.00 63,031.40GENERAL FUND BALANCE SHEET INVENTORYDEERE & COMPANY 63,031.40 32,000.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIDJ ELECTRIC SERVICES INC 32,000.00 2,180.00POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 2,736.09WATER UTILITY G&A PRINTING & PUBLISHING 4,916.09 262.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESEACHUS, BRIAN 262.50 81.21WATER UTILITY G&A GENERAL CUSTOMERSEDINA REALTY TITLE 81.21 165.00SEWER UTILITY G&A EQUIPMENT MTCE SERVICEELECTRIC PUMP INC 165.00 106.40WATER UTILITY G&A GENERAL CUSTOMERSELLINGSON, CARISSA 106.40 641.89GENERAL FUND BALANCE SHEET INVENTORYEMERGENCY AUTOMOTIVE TECHNOLOG 641.89 11,229.89STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEESS BROTHERS & SONS INC 11,229.89 36,609.56SOLID WASTE COLLECTIONS RECYCLING SERVICEEUREKA RECYCLING 36,609.56 31.03WATER UTILITY G&A GENERAL CUSTOMERSEWING GROUP 31.03 119.44WATER UTILITY G&A GENERAL CUSTOMERSEXECUTIVE TITLE 119.44 312.95GENERAL FUND BALANCE SHEET INVENTORYFACTORY MOTOR PARTS CO 97.29VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 410.24 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 8 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 8Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 8,650.00ESCROWSPMC ESCROWFALCONI, COLLEEN 8,650.00 35.83PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFASTENAL COMPANY 39.07WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 74.90 146.90ASSESSING G & A MILEAGE-PERSONAL CARFECHNER, MARTY 146.90 315.63ICE RESURFACER MOTOR FUELSFERRELLGAS 315.63 594.76GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESFILTRATION SYSTEMS INC 594.76 1,955.02IT G & A OFFICE EQUIPMENTFISHNET SECURITY INC 1,955.02 1,281.59SEWER UTILITY G&A EQUIPMENT PARTSFLEXIBLE PIPE TOOL 1,281.59 437.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESFLIEGEL, TROY 437.50 150.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESFORST, NANCY 150.00 367.00STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIFOTH INFRASTRUCTURE & ENVIRONM 367.00 13,240.74GENERAL FUND BALANCE SHEET INVENTORYFRONTIER AG & TURF 13,240.74 10,117.64-STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGEG L CONTRACTING INC 202,352.80CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 192,235.16 144.15REFORESTATION FUND OTHER CONTRACTUAL SERVICESGOLDMAN, NANETTE 144.15 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 9 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 9Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 6,000.00ESCROWSPMC ESCROWGOODWIN, PATRICIA 6,000.00 150.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPSGOVERNMENT FINANCE OFFICERS AS 150.00 401.72Graffiti Clean-up GENERAL SUPPLIESGRAFFITI SOLUTIONS INC 401.72 263.77OPERATIONSOPERATIONAL SUPPLIESGRAINGER INC, WW 156.21WATER UTILITY G&A GENERAL SUPPLIES 419.98 700.00TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICEGRANICUS INC 700.00 2,180.83WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 394.49UNINSURED LOSS G&A UNINSURED LOSS 2,575.32 405.04WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 405.04 90.80REFORESTATION FUND OTHER CONTRACTUAL SERVICESGROSSMAN, BARBARA ANN 90.80 450.24EMPLOYEE FLEX SPEND G&A HEALTH INSURANCEGROUP HEALTH INC - WORKSITE 450.24 90.00WATER UTILITY G&A GENERAL CUSTOMERSGUARDIAN PROPERTY MANAGEMENT 90.00 15.98WATER UTILITY G&A GENERAL CUSTOMERSGUTECK, RONALD 15.98 11.06WATER UTILITY G&A GENERAL SUPPLIESHACH CO 11.06 6,708.30PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESHAMMEL GREEN & ABRAHAMSON INC 6,708.30 5.00INSPECTIONS G & A STATE SURCHARGE PAYABLEHANSON, MARK City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 10 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 10Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 45.00INSPECTIONS G & A MECHANICAL 50.00 774.51-STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGEHARDRIVES INC 15,490.20CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 14,715.69 109.02WATER UTILITY G&A GENERAL CUSTOMERSHARMON, JOHN 109.02 1,048.50WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 1,892.86BUILDING MAINTENANCE GENERAL SUPPLIES 2,941.36 74.41WATER UTILITY G&A GENERAL CUSTOMERSHENDERSON, MATTHEW 74.41 64.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSHENNEPIN COUNTY TAXPAYER SERVI 64.00 487.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESHIPP & GWEN BARKER, EARL 487.50 670.07WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESHIRSHFIELDS 670.07 10.66PUBLIC WORKS G & A OFFICE SUPPLIESHOME DEPOT CREDIT SERVICES 30.93DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 37.74IRRIGATION MAINTENANCE GENERAL SUPPLIES 30.37BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 27.14BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 136.84 203.00SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 203.00 125.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JENNIFER 50.00KICKBALLOTHER CONTRACTUAL SERVICES 175.00 150.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 100.00KICKBALLOTHER CONTRACTUAL SERVICES City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 11 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 11Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 250.00 50.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 357.00SOFTBALLOTHER CONTRACTUAL SERVICES 407.00 114.36SPEC ASSMT CONSTRUCTION OTHER CONTRACTUAL SERVICESHUBER UNIVERSAL SERVICES LLC 114.36 350.00CLERICALTRAININGINFORMATION POLICY ANALYSIS 350.00 2,496.03IT G & A TELEPHONEINTEGRA TELECOM 2,496.03 890.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTISD #283 890.00 25,982.10EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENTJEFFERSON FIRE & SAFETY INC 25,982.10 14.89IRRIGATION MAINTENANCE GENERAL SUPPLIESJERRY'S HARDWARE 14.89 38.99WATER UTILITY G&A GENERAL CUSTOMERSJOEHL, ANDREW 38.99 734.02IRRIGATION MAINTENANCE GENERAL SUPPLIESJOHN DEERE LANDSCAPES/LESCO 734.02 140.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTJOHNSON ASSET MGMT LLC, G 140.00 50.00VOLLEYBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN 425.00KICKBALLOTHER CONTRACTUAL SERVICES 475.00 528.46EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 528.46 1,406.00ESCROWSGRECO DEVELOP/WOODDALE POINTEKENNEDY & GRAVEN 144.00GREENSBORO HIA LEGAL SERVICES City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 12 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 12Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 1,550.00 150.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESKIDCREATE STUDIO 150.00 250.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESKILBER, DAVID 250.00 4,142.50ESCROWSGENERALKIMLEY-HORN AND ASSOCIATES, IN 4,142.50 9,786.25CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIKLM ENGINEERING INC. 9,786.25 60.00SOFTBALLPROGRAM REVENUEKRANTZ, STEVE 60.00 234.06BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIESKRUGE-AIR INC 234.06 175.86WATER UTILITY G&A GENERAL CUSTOMERSLAAKSONEN, MATT 175.86 20.64PARK MAINTENANCE G & A GENERAL SUPPLIESLAKES GAS CO 20.64 237.04WATER UTILITY G&A GENERAL CUSTOMERSLANGE, ANGELA 237.04 538.94FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIESLARSON, JH CO 320.13SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 859.07 192.50POLICE G & A TRAININGLEAGUE OF MN CITIES 192.50 236.00FINANCE G & A BLDG & CONTENTS INSURANCELEAGUE OF MN CITIES INSURANCE 1,621.49UNINSURED LOSS G&A UNINSURED LOSS 1,857.49 66.33REFORESTATION FUND OTHER CONTRACTUAL SERVICESLEE, JON 66.33 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 13 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 13Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 375.72ORGANIZED REC G & A MILEAGE-PERSONAL CARLEE, KATIE 375.72 5.52WATER UTILITY G&A GENERAL CUSTOMERSLESS, JASON 5.52 20.00POLICE G & A LICENSESLEWIS, DON 20.00 93.75VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICELIBERTY TIRE RECYCLING LLC 93.75 40.11WESTWOOD G & A MILEAGE-PERSONAL CARLINDOR, CJ 40.11 1,806.75TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTLOGIS 1,806.75 453.00POLICE G & A TRAVEL/MEETINGSLUSE, JOHN 453.00 866.95ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESLYNCH CAMPS, INC 866.95 91.98WATER UTILITY G&A GENERAL CUSTOMERSMAHLING, HOLLY 91.98 19.97WATER UTILITY G&A GENERAL CUSTOMERSMARPHYLL PROP LLC 19.97 225.00WATER UTILITY G&A GENERAL CUSTOMERSMARTIN, LOREN 225.00 41,326.97TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTMASTER TECHNOLOGY GROUP 1,402.36TECHNOLOGY REPLACEMENT OFFICE FURNITURE & EQUIPMENT 42,729.33 101.95WATER UTILITY G&A GENERAL CUSTOMERSMASTIN, HEIDI 101.95 82.98REFORESTATION FUND OTHER CONTRACTUAL SERVICESMCCASHIN, BRENDAN City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 14 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 14Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 82.98 500.00SOFTBALLOTHER CONTRACTUAL SERVICESMCCHESNEY, CHARLIE 500.00 315.28EQUIP/VEHICLE REPLACEMENT OTHERMCCLARD & ASSOCIATES INC 315.28 37.63WESTWOOD G & A GENERAL SUPPLIESMCMONIGAL, DAN 37.63 34.14PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIMENARDS 40.59WATER UTILITY G&A GENERAL SUPPLIES 74.73 105.63WATER UTILITY G&A GENERAL CUSTOMERSMICHAUD, BRIAN 105.63 300.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTMICHELS COMMUNICATIONS 300.00 5.42WATER UTILITY G&A GENERAL CUSTOMERSMIDLAND TITLE 5.42 1,644.50WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 1,644.50 261.58WATER UTILITY G&A GENERAL CUSTOMERSMINER, DANIEL 261.58 114.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNEAPOLIS AREA ASSOC REALTOR 114.00 117.96EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 117.96 30.00POLICE G & A TRAININGMINNESOTA BUREAU CRIMINAL APPR 30.00 21,558.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMINNESOTA DEPT HEALTH 21,558.00 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 15 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 15Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 400.00HOUSING REHAB G & A TRAININGMINNESOTA NAHRO 400.00 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 625.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATMINNESOTA RURAL WATER ASSOC 625.00 982.00HUMAN RESOURCES CITEMINNESOTA TWINS BASEBALL CLUB 982.00 79.60WATER UTILITY G&A GENERAL CUSTOMERSMINNETONKA TITLE 79.60 210.01SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 210.01 312.50PE INVEST/REVIEW/PER GENERAL PROFESSIONAL SERVICESMPCA 312.50 250.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 250.00 291.53GENERAL FUND BALANCE SHEET INVENTORYNAPA (GENUINE PARTS CO) 52.88WATER UTILITY G&A EQUIPMENT PARTS 344.41 256.50BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIESNATIVE PLANT NURSERY INC 256.50 2,500.00WESTWOOD G & A TRAININGNELSON, SCOTT 2,500.00 3,655.66CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTNEXTEL COMMUNICATIONS 3,655.66 34.15WATER UTILITY G&A GENERAL CUSTOMERSNIELSEN, JUSTIN 34.15 48.61WATER UTILITY G&A GENERAL CUSTOMERSNUS, JEFF 48.61 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 16 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 16Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 125.30HUMAN RESOURCES OFFICE SUPPLIESOFFICE DEPOT 174.06FINANCE G & A OFFICE SUPPLIES 85.42GENERAL INFORMATION OFFICE SUPPLIES 184.84POLICE G & A OFFICE SUPPLIES 38.88POLICE G & A COMPUTER SUPPLIES 77.09INSPECTIONS G & A GENERAL SUPPLIES 5.23HOUSING REHAB G & A OFFICE SUPPLIES 1,802.20ORGANIZED REC G & A OFFICE SUPPLIES 2,493.02 120.00POLICE G & A LICENSESOFFICE OF THE SECRETARY OF STA 120.00 2,427.71INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 2,427.71 4,315.23GENERAL FUND BALANCE SHEET INVENTORYOLSEN CHAIN & CABLE CO INC 131.78SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 4,447.01 30.81WATER UTILITY G&A GENERAL CUSTOMERSOLSON, MARIAH 30.81 3,561.18PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION 267.20OPENOTHER CONTRACTUAL SERVICES 126.12OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES 138.94WESTWOOD G & A OTHER CONTRACTUAL SERVICES 4,093.44 703.02WATER UTILITY G&A GENERAL CUSTOMERSPARK GLEN CORPORATE 703.02 1,000.00ESCROWSPMC ESCROWPEASE, KIM 1,000.00 74.15REFORESTATION FUND OTHER CONTRACTUAL SERVICESPEILEN, ELIZABETH 74.15 161.62REFORESTATION FUND OTHER CONTRACTUAL SERVICESPERFETTI, JOHN 161.62 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 17 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 17Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 1,650.00COMM & MARKETING G & A PRINTING & PUBLISHINGPERNSTEINER CREATIVE GROUP INC 2,100.00SPECIAL EVENTS OTHER CONTRACTUAL SERVICES 3,750.00 239.85WATER UTILITY G&A GENERAL CUSTOMERSPETERSON, TRACY 239.85 20.00HUMAN RESOURCES TRAVEL/MEETINGSPETTY CASH 6.11FINANCE G & A OFFICE SUPPLIES 6.11FINANCE G & A POSTAGE 25.40ELECTRICAL SYSTEM MTCE TRAINING 27.00INSPECTIONS G & A MEETING EXPENSE 104.66WESTWOOD G & A GENERAL SUPPLIES 2.26WESTWOOD G & A MILEAGE-PERSONAL CAR 17.29SCHOOL GROUPS CONCESSION SUPPLIES 4.52PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 213.35 21.34SUMMER PLAYGROUNDS GENERAL SUPPLIESPETTY CASH - WWNC 98.56WESTWOOD G & A GENERAL SUPPLIES 9.20WESTWOOD G & A POSTAGE 16.95WESTWOOD G & A MILEAGE-PERSONAL CAR 146.05 350.82WEED CONTROL OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 350.82 59.22WATER UTILITY G&A GENERAL CUSTOMERSPIEPER, BRAD 59.22 83.23GENERAL FUND BALANCE SHEET INVENTORYPIONEER RIM & WHEEL CO 83.23 1,319.91SOLID WASTE G&A OPERATIONAL SUPPLIESPLASTIC BAGMART 1,319.91 31.04-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPRAIRIE RESTORATIONS INC 32.48-STORM WATER UTILITY BAL SHEET DUE TO OTHER GOVTS 891.39STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 482.51BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICES 1,310.38 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 18 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 18Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 19,762.79TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 19,762.79 71.36-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPROPET DISTRIBUTORS INC 1,109.36GRANTSGENERAL SUPPLIES 1,038.00 6,625.00POLICE & FIRE PENSION G&A GENERAL PROFESSIONAL SERVICESPSC ALLIANCE INC 6,625.00 3,487.23WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING 375.00STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,862.23 82.98GENERAL FUND BALANCE SHEET INVENTORYQUEST ENGINEERING INC 82.98 185.68ARENA MAINTENANCE EQUIPMENT MTCE SERVICER & R SPECIALTIES 185.68 150.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESRADEMACHER, RON 150.00 455.92TREE MAINTENANCE OTHER CONTRACTUAL SERVICESRAINBOW TREECARE 455.92 2,555.39FACILITY OPERATIONS GARBAGE/REFUSE SERVICERANDY'S SANITATION INC 989.20SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 1,254.85REC CENTER BUILDING GARBAGE/REFUSE SERVICE 4,799.44 18,713.00EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENTREADY WATT ELECTRIC 18,713.00 59.14WATER UTILITY G&A GENERAL CUSTOMERSREAL FIC REALTY INC 59.14 170.00WATER UTILITY G&A GENERAL CUSTOMERSRECKNAGEL, CRAIG 170.00 76.05AQUATIC PARK MAINTENANCE EQUIPMENT MTCE SERVICERECREONICS ETAL 76.05 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 19 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 19Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 317.42BEAUTIFICATION/LANDSCAPE LANDSCAPING MATERIALSREINDERS INC 317.42 560.00WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICEROOT-O-MATIC 560.00 75.00BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIESROTERT, SUSAN 75.00 1,468.46STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEROYAL CONCRETE PIPE INC 1,468.46 17.99-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSS & S WORLDWIDE INC 279.65PLAYGROUNDSGENERAL SUPPLIES 261.66 13.91WATER UTILITY G&A GENERAL CUSTOMERSSALBERG, LORI 13.91 2,382.86SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICESSEH 2,382.86 1,507.40EMPLOYEE FLEX SPEND G&A TUITIONSEVERSON, NATE 1,507.40 487.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESSHAUER, JONATHAN 487.50 187.93REFORESTATION FUND OTHER CONTRACTUAL SERVICESSIAS, THERESE 187.93 82.11REFORESTATION FUND OTHER CONTRACTUAL SERVICESSIGEL, DELORES 82.11 1,627.00REC CENTER BUILDING BUILDING MTCE SERVICESIGNATURE MECHANICAL INC 1,627.00 245.06WATER UTILITY G&A GENERAL CUSTOMERSSMITH, AMY 245.06 562.50SOFTBALLOTHER CONTRACTUAL SERVICESSMITH, PERRY City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 20 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 20Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 562.50 32.61WATER UTILITY G&A GENERAL CUSTOMERSSPJ PROPERTIES 32.61 56,083.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDISPORTS TECHNOLOGY INC 56,083.00 1,399.92IT G & A DATACOMMUNICATIONSSPRINT 1,399.92 245.72CE INSPECTION ENGINEERING SERVICESSRF CONSULTING GROUP INC 17,606.48CE INSPECTION IMPROVEMENTS OTHER THAN BUILDI 17,852.20 1,015.32WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICEST CROIX TREE SERVICE INC 3,472.36TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 4,487.68 72.00PICNIC SHELTERS RENT REVENUEST DAVID'S CENTER 72.00 51.00SOFTBALLOTHER CONTRACTUAL SERVICESSTEARNS, DAVID 51.00 6,783.10GENERAL FUND BALANCE SHEET INVENTORYSTONEBROOKE EQUIPMENT INC 6,783.10 247.94WATER UTILITY G&A GENERAL CUSTOMERSSTORFER, LEON 247.94 243.24WATER UTILITY G&A GENERAL CUSTOMERSSTRAUSS, GREG 243.24 120.75GENERAL FUND BALANCE SHEET INVENTORYSTREICHER'S 429.29POLICE G & A OPERATIONAL SUPPLIES 550.04 454.66ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 454.66 169.38REFORESTATION FUND OTHER CONTRACTUAL SERVICESSWIDERSKI, DONALD City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 21 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 21Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 169.38 56.72-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSTAHO SPORTSWEAR 881.72SPECIAL EVENTS OPERATIONAL SUPPLIES 825.00 75.76POLICE G & A COMPUTER SUPPLIESTARGET BANK 70.98POLICE G & A SUBSISTENCE SUPPLIES 2.60POLICE G & A MEETING EXPENSE 3.88WESTWOOD G & A GENERAL SUPPLIES 54.62SUMMER THEATER ARTS CAMP GENERAL SUPPLIES 207.84 1,000.00ESCROWSPMC ESCROWTAYLOR, ZACH 1,000.00 37.41ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 37.41 356.61-CAPITAL REPLACEMENT B/S DUE TO OTHER GOVTSTEQUIPMENT.NET 5,543.67EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT 5,187.06 82.98REFORESTATION FUND OTHER CONTRACTUAL SERVICESTHOMAS, GERALD 82.98 31.41WATER UTILITY G&A GENERAL CUSTOMERSTHORNE, A FRANCES 31.41 1,852.14MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDITMS JOHNSON INC 1,852.14 198.15WATER UTILITY G&A GENERAL CUSTOMERSTRADEMARK TITLE 198.15 280.55RELAMPINGOTHER IMPROVEMENT SUPPLIESTRAFFIC CONTROL CORP 280.55 102.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 102.00 1,814.20TREE MAINTENANCE OTHER CONTRACTUAL SERVICESTREE TRUST City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 22 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 22Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 1,814.20 625.35ROUTINE MAINTENANCE EQUIPMENT PARTSTRI STATE BOBCAT 625.35 300.00GENERAL REPAIR EQUIPMENT MTCE SERVICETRIPLE L TRANSPORTATION 300.00 665.00TRAININGTRAININGTRUSIGHT 665.00WATER UTILITY G&A TRAINING 665.00SEWER UTILITY G&A TRAINING 665.00PARK MAINTENANCE G & A TRAINING 2,660.00 126.03PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESTWIN CITY GARAGE DOOR CO 126.03 270.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATTWIN WEST CHAMBER OF COMMERCE 270.00 266.00FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICESUHL CO INC 266.00 86.17REFORESTATION FUND OTHER CONTRACTUAL SERVICESULLMANN, JOHN 86.17 840.51STORM WATER UTILITY G&A RENTAL EQUIPMENTUNITED RENTALS INC 840.51 150.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 150.00 204.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 204.00 115.00POSTAL SERVICES POSTAGEUPS FREIGHT 115.00 465.00HUMAN RESOURCES RECRUITMENTUS HEALTH WORKS MEDICAL GROUP 465.00 10,998.16WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 23 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 23Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 10,998.16 500.14SANDING/SALTING EQUIPMENT PARTSVARITECH INDUSTRIES INC 500.14 140.00HUMAN RESOURCES RECRUITMENTVERIFIED CREDENTIALS 140.00 50.14SEWER UTILITY G&A TELEPHONEVERIZON WIRELESS 2,037.67CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 2,087.81 191.66WATER UTILITY G&A OPERATIONAL SUPPLIESVIKING INDUSTRIAL CTR 191.66 39.37WATER UTILITY G&A GENERAL CUSTOMERSVORBACH, ANN MARIE 39.37 35.43WATER UTILITY G&A GENERAL CUSTOMERSWARDLE, GEORDIE 35.43 97.03REFORESTATION FUND OTHER CONTRACTUAL SERVICESWARSHAWSKY, ROBERT & GRACE 97.03 614.24PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIWASTE MANAGEMENT OF WI-MN 614.24 273.52WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 273.52 4,592.42WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 4,592.42 50.00INSPECTIONS G & A MECHANICALWELD & SONS PLUMBING INC 50.00 26.53WATER UTILITY G&A GENERAL CUSTOMERSWELLSWOOD GROUP LLC 26.53 52.92FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIESWEST, RUTAGER 52.92 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 24 9/11/2013CITY OF ST LOUIS PARK 9:22:54R55CKSUM LOG23000VO 24Page -Council Check Summary 9/6/2013 -8/24/2013 Vendor AmountBusiness Unit Object 48,525.75WESTWOOD VILLAS HIA OTHER CONTRACTUAL SERVICESWESTWOOD VILLA ASSN 48,525.75 181.96STORM WATER UTILITY G&A ELECTRIC SERVICEXCEL ENERGY 181.96 77.48REFORESTATION FUND OTHER CONTRACTUAL SERVICESYAROSH, DAVID & BETSY 77.48 126.03PUBLIC WORKS OPS G & A GENERAL SUPPLIESZEE MEDICAL SERVICE 126.03WATER UTILITY G&A GENERAL SUPPLIES 126.02VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 378.08 30.68WATER UTILITY G&A GENERAL CUSTOMERSZELICH, DIANE 30.68 331.14GENERAL FUND BALANCE SHEET INVENTORYZIEGLER INC 331.14 58.08POSTAL SERVICES POSTAGEZIMMERMAN, JEAN 58.08 Report Totals 1,797,013.18 City Council Meeting of September 16, 2013 (Item No. 4d) Title: Vendor Claims Page 25 Meeting: City Council Meeting Date: September 16, 2013 Consent Agenda Item: 4e MINUTES St. Louis Park Housing Authority Westwood Room, St. Louis Park City Hall Wednesday, August 14, 2013, 5:00 P.M. MEMBERS PRESENT: Commissioners Paul Beck, Suzanne Metzger, Richard Webb Commissioner Markeith Thomas arrived at 5:05 p.m. MEMBERS ABSENT: Commissioner Catherine Courtney STAFF PRESENT: Jane Klesk, Michele Schnitker 1. Call to Order – The meeting was called to order at 5:03 p.m. 2. Approval of Minutes for July, 2013 The Board minutes of July 10, 2013 were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Administration of Hennepin County Tenant Based Rental Assistance Program Ms. Schnitker explained that Hennepin County contacted the HA to request that the HA partner with the County to administer a new tenant based rental assistance program being created to serve a maximum of 45 households. The assistance will be for families in homeless shelters and singles in shelters with chronic health problems. The County has agreed to pay an admin fee of $77.60 per participant under contract on the first of the month. Commissioner Metzger moved to authorize staff to enter into a contract with Hennepin County to administer a tenant based rental assistance program with a maximum participation of 45 households, for the term August 28, 2013 through December 31, 2016. Commissioner Thomas seconded, and the motion passed 4-0. 7. Communications from Executive Director a. Claims List, August – 2013 b. Communications 1. Monthly Report, July – 2013 8. Other 9. Adjournment Commissioner Metzger moved to adjourn the meeting, and Commissioner Webb seconded the motion; the motion passed 4-0. The meeting was adjourned at 5:37 p.m. Respectfully submitted, Suzanne Metzger, Secretary Meeting: City Council Meeting Date: September 16, 2013 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: First Reading of Council Salaries Ordinance and Economic Development Authority Compensation Resolution RECOMMENDED ACTION: Mayor to close public hearing. • Motion to Approve first reading of the Ordinance modifying salaries for the Mayor and Councilmembers and set second reading for September 23, 2013. • Motion to Adopt Resolution modifying salaries for Economic Development Authority President and Commissioners. POLICY CONSIDERATION: Does the Council wish to increase Council and EDA salaries by 2%, effective January 1, 2014? SUMMARY: As discussed at the August 19, 2013 Study Session, Council requested to increase salaries for Mayor, Councilmembers, EDA President, and EDA Commissioners by 2% effective January 1, 2014. City Charter requires changes to Mayor and Council salaries be set by Ordinance following a public hearing and first and second readings. MN Statute 415.11 states increases must take effect after the next municipal election but decreases can take effect anytime. If no action is taken, the next time Council would be able to take any act on council salaries would be 2015. Current (Ordinance 2376-09) Proposed (2% increase) Mayor $11,796 $12,032 Councilmembers $6,807 $6,943 Changes to EDA President and Commissioner salaries are set by Resolution. Current (Resolution 07-104) Proposed (2% increase) EDA President $4,299 $4,385 EDA Commissioner $4,299 $4,385 FINANCIAL OR BUDGET CONSIDERATION: Funds will be included in the 2014 budget. Mayor and Council salaries are in the general fund and EDA salaries are in EDA (non-general) fund. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Proposed Ordinance Resolution Prepared by: Ali Fosse, HR Coordinator Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of September 16, 2013 (Item No. 6a) Page 2 Title: 1st Reading Council Salaries Ordinance & Economic Development Authority Compensation Resolution DISCUSSION BACKGROUND: Minnesota Statute 415.11 states that Council can set their own salaries in such amount that they deem reasonable. Any increases to salaries must take effect after the next municipal election but any decreases to salaries can take effect anytime. A history of Mayor, Council, and EDA salaries: Year Council Mayor EDA EDA President 2010-Present $6,807 $11,796 $4,299 $4,299 2008-09 $7,165 $12,417 $4,299 $4,299 2006-07 $7,165 $10,985 $4,299 $5,731 2002-05 $6,365 $9,760 $3,819 $5,092 2000-01 $6,000 $9,000 $3,600 $4,800 1985-99 $4,800 $7,200 $2,400 $3,600 As a reminder, Council decreased their salaries by 5% effective January 1, 2010. Current salary information for other metro area suburbs with a population between 25,000 – 90,000 is shown below: City Mayor Salary Council Salary Andover $9,500.00 $7,500.00 Apple Valley $11,220.00 $8,028.00 Blaine $13,367.00 $10,000.00 Bloomington $26,400.00 $12,396.00 Brooklyn Center $11,500.00 $8,805.00 Brooklyn Park $17,100.00 $11,400.00 Burnsville $12,000.00 $8,400.00 Coon Rapids $14,000.00 $12,250.00 Cottage Grove $9,216.00 $6,780.00 Eagan $13,624.00 $10,005.00 Eden Prairie $9,900.00 $7,500.00 Edina $10,348.00 $7,758.00 Fridley $10,531.00 $8,650.00 Inver Grove Heights $9,000.00 $7,000.00 Lakeville $9,996.00 $8,664.00 Maple Grove $14,500.00 $12,500.00 Maplewood $12,855.00 $11,314.00 Minnetonka $12,000.00 $9,000.00 Plymouth $14,000.00 $10,146.00 Richfield $10,379.00 $8,070.00 Roseville $9,300.00 $7,020.00 Shakopee $7,854.00 $6,715.00 Shoreview $9,156.00 $6,792.00 Woodbury $11,004.00 $8,100.00 Average $12,031.25 $8,949.71 SLP $11,796.00 $6,807.00 SLP w/ EDA $16,095.00 $11,106.00 City Council Meeting of September 16, 2013 (Item No. 6a) Page 3 Title: 1st Reading Council Salaries Ordinance & Economic Development Authority Compensation Resolution NEXT STEPS: • Public hearing along with first reading this evening and second reading is required to pass an Ordinance to make the change effective. • If there is to be a change to EDA Commissioner and/or EDA President salaries, a Resolution is required to make the change effective. City Council Meeting of September 16, 2013 (Item No. 6a) Page 4 Title: 1st Reading Council Salaries Ordinance & Economic Development Authority Compensation Resolution ORDINANCE NO. _______-13 ORDINANCE SETTING SALARIES FOR THE MAYOR AND COUNCILMEMBERS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: SECTION 1. The annual salary of the Mayor shall be $12,032 and the annual salary of each Councilmember shall be $6,943 until changed by ordinance as provided in Section 2.07 of the St. Louis Park Home Rule Charter. SECTION 2. Effective Date. This ordinance shall be effective as follows: First Reading September 16, 2013 Second Reading September 23, 2013 Date of Publication October 3, 2013 Date Ordinance takes effect January 1, 2014 Reviewed for Administration: Adopted by the City Council September 23, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of September 16, 2013 (Item No. 6a) Page 5 Title: 1st Reading Council Salaries Ordinance & Economic Development Authority Compensation Resolution RESOLUTION NO. 13-____ RESOLUTION AMENDING THE COMPENSATION OF THE COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Economic Development Authority of St. Louis Park, Minnesota, was officially established on September 19, 1988 by Resolution 88-134; and WHEREAS, in accordance with the Economic Development Authority by-laws, the Economic Development Authority shall hold its regular meetings the first and third Monday of each month; and WHEREAS, in accordance with Minnesota State Statutes Section 469.095 (4), a Commissioner, including the President, shall be paid for attending each regular or special meeting of the Authority in an amount to be determined by the City Council; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park to set the compensation for the President and Commissioners of the Economic Development Authority at an annual salary of $4,385, effective January 1, 2014. Reviewed for Administration: Adopted by the City Council September 16, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: September 16, 2013 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard RECOMMENDED ACTION: Motion to Adopt Resolution upholding Board of Zoning Appeals (BOZA) decision to grant a 10-foot variance to the required 15-foot side yard abutting the street, and a 1-foot variance to the required 25-foot drive aisle width for property located at 4701 Excelsior Blvd. POLICY CONSIDERATION: Should commercial buildings located on Excelsior Blvd be located five feet from the property line in a manner consistent with Livable Communities goals and the Comprehensive Plan. SUMMARY: Elion Acquisitions (Elion) is proposing to redevelop the existing BP fuel station located at 4701 Excelsior Blvd. with a new three-tenant, 7,000 square foot retail building. The building is proposed to have a five-foot setback along Excelsior Blvd with parking behind. This building orientation is consistent with the Livable Communities goals and the Comprehensive Plan. It is also consistent with recent new construction along Excelsior Blvd. A variance is required for the five-foot setback along Excelsior Blvd because the zoning regulation for corner lots designates Excelsior Blvd as the “side yard abutting a street” which requires a 15-foot setback, and Natchez Ave as the front which allows a five-foot setback. A second variance is requested to allow a 24-foot wide drive aisle, instead of the required 25- feet. The purpose of the variance is to increase the parking lot setback from the south property line. The variance will result in a two-foot setback, which will allow for the construction of an eight-foot masonry wall between the parking lot and the residential properties to the south. Apart from the requested variances the application meets all zoning requirements. The application is also consistent with the Comprehensive Plan. Neighborhood Meetings: Three neighborhood meetings were held. Board of Zoning Appeals: The BOZA voted to approve both variance requests. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Development Proposal/Variance Request Appeal Letter Unofficial Board of Zoning Appeals Minutes Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of September 16, 2013 (Item No. 6b) Page 2 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard DISCUSSION VARIANCE REQUEST: Side yard abutting the street: A variance to orient the building to Excelsior Blvd is needed because of how the Zoning Ordinance determines which lot line is the front lot line for corner lots. The Zoning Ordinance states that the shorter of the two lot lines adjacent to the streets is the front lot line. In this case, the lot line adjacent to Natchez Ave is the shortest. The result is that Natchez Ave is the front yard and Excelsior Blvd the side yard abutting the street. This irregularity affects all property lines and setbacks as shown below. If the Zoning Ordinance properly determined Excelsior Blvd to be the front, then the building setbacks would be five feet from Excelsior (front) and 20 feet from the south property line (rear). This would be consistent with all interior lots along Excelsior Blvd. Drive aisle: The variance to allow a 24-foot drive aisle instead of the required 25 feet is requested to allow for a two foot setback between the parking lot and the south property line. The two-foot setback is needed to allow for the construction of an eight foot masonry wall along the south property line. The wall is proposed to provide screening between the parking lot and the residence to the south. The screening wall will reduce the impacts from noise and lights from the parking lot, and protect the privacy of the adjacent residents. Front (5 foot setback) Interior Side (5 foot setback) Rear (20 foot setback) Side abutting a street (15 foot setback) City Council Meeting of September 16, 2013 (Item No. 6b) Page 3 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard DEVELOPMENT PROPOSAL: Elion proposes to remove the existing BP gas station, and replace it with a 7,000 square foot, one-story retail building. The building will be oriented to Excelsior Blvd with windows and doors adjacent to the Excelsior Blvd sidewalk. The building will be made primarily of glass and stone. There will be three tenants, one anchor tenant at 4,500 square feet, and two smaller tenants of 1,000 and 1,500 square feet. The parking lot will be located behind the building with a full access to Natchez Ave and a right-in only from Excelsior Blvd. Existing Conditions: The property is approximately 19,800 square feet in size. It is rectangular in shape, and relatively flat. The property is improved with a BP brand motor fuel station. The station is proposed to be removed. The fuel tanks will be removed in accordance to Minnesota procedures and requirements, which include soil testing. Soil remediation will be completed in a manner as required depending on the results of the soil tests. City Council Meeting of September 16, 2013 (Item No. 6b) Page 4 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard ZONING ANALYSIS: Zoning: C-1 Neighborhood Commercial Comprehensive Plan: Commercial Neighborhood: Minikahda Vista Building: Elion is proposing to construct a new three tenant, 7,000 square foot retail building. The second story on the east end, at the corner of Excelsior Blvd/Natchez Ave will be approximately 600 square feet in area, and will not actually be a second story. Instead the ceiling of the retail space will be raised to a second story height. The purpose is purely architectural to enhance the presence at the intersection. The exterior of the building consists of glass and stone. Uses: The types of uses allowed in the proposed building are regulated mostly by the zoning district and by the number of parking spaces that exist on the site. This building has sufficient parking for office, retail, food service, and service uses. While restaurants are permitted in the zoning district, the property does not have sufficient parking to allow a restaurant. Therefore, the City would not permit a restaurant. Access and Traffic: The property currently has two driveways on Excelsior Blvd and one on Natchez Ave. The driveways on Excelsior Blvd are right-in/right-out only. Left turn movements are prevented by a landscaped median separating the west bound and east bound traffic on Excelsior Blvd. Therefore, traffic traveling west on Excelsior Blvd cannot make a left turn directly onto the property. Likewise, vehicles leaving the property cannot make a left turn onto west bound Excelsior Blvd. These vehicles are required to use Natchez Ave to access and exit the property. Access to and from the property is directed to the stoplight at Excelsior Blvd and Natchez Ave. The stoplight will provide safe turning movements onto and off of Excelsior Blvd and safe pedestrian crossings on both Excelsior Blvd and Natchez Ave. ZONING DISTRICT STANDARDS: C-1 NEIGHBORHOOD COMMERCIAL STANDARDS MINIMUM REQUIREMENTS PROPOSED DIMENSION Lot size: None required 19,800 square feet Lot width: None required 135 feet Front yard: (east side) 5 feet 5 feet Interior side yard (south side): 5 feet (when adjacent to residential) 63 feet Side yard abutting the street (north side): 15 feet 5.0 feet (proposed) Rear yard: (west side) 20 feet 20 feet City Council Meeting of September 16, 2013 (Item No. 6b) Page 5 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Natchez Ave Driveway: The Natchez Ave driveway is required by City Code to be located at least 50 feet from Excelsior Blvd. This makes it difficult and impractical to locate the parking lot in front and building in back, because the parking lot would not have access to Natchez or the Excelsior Blvd stoplight. The purpose of the 50-foot setback is to provide sufficient space so that: 1. Vehicles can safely exit and enter the property. 2. Vehicles can enter/exit the property without interfering with vehicles waiting to get on Excelsior Blvd. 3. The intersection is made safer for pedestrians by moving some traffic movements away from the intersection. Traffic Counts: The existing use on the property is a fuel station, automobile service and repair and a small convenience store. According to the Institute of Traffic Engineers, this mix of uses with 8 fuel stations will generate on average, 1,300 one-way trips per weekday (650 round trips). According to the same source, a 7,000 square foot retail building on average will generate 340 one-way trips per weekday (170 round trips). Landscaping: There are mature trees and smaller scrub brush located along the south property line (beneath power lines) between the subject property and the residential property. The trees will be lost as a result of redevelopment. The applicant is proposing to replace the trees with two trees on the west side of the south property line, and two trees along Natchez Ave. Another tree will be planted in a landscaped island located in the middle of the parking row along the south property line. The property owner also offered to plant trees on the residential side of the property line to replace trees that will be lost resulting from the construction. Screening: The City Code requires a six-foot fence to be constructed along the property line between a commercial parking lot and residential properties. City Code allows the fence to be increased to eight feet if used for screening. The proposal shows an eight foot masonry wall to be constructed along the south property line. The wall will be improved with stucco to match the building and will be planted with vines to soften the wall and help with sound abatement. Lighting: The parking lot will be lit with LED lights. The light fixtures will be mounted to the north side of the screening wall and the south side of the building. In an effort to minimize lighting impacts on the residential properties, lights will not be mounted on poles typically found in parking lots. The parking lot photometric plan shows that the lighting impacts are reduced to zero at the property line by the eight-foot tall masonry screening wall. Parking Lot Safety: The Police Department does not have a preference when locating a parking lot in the front or behind a building. They noted there are many buildings along Excelsior Blvd with parking located behind the building, and they have not noticed a difference in police calls compared to parking lots located in front of the building. City Council Meeting of September 16, 2013 (Item No. 6b) Page 6 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Building Placement: The building is proposed to be constructed with a five-foot setback from the north property line along Excelsior Blvd. This placement is consistent with the Comprehensive Plan and Livable Communities goals. Park Commons: The subject property is part of the Park Commons “Town Center” study area. As shown in the concept below, the south side of Excelsior Blvd is shown to be located within this study area, and the concept shows buildings on the south side of Excelsior to be oriented to the street as properties are redeveloped with parking located behind the buildings. Comprehensive Plan: Section IV of the Comprehensive Plan articulates why we are a “Livable Community”. It includes several goals and strategies to achieve these goals. Some of which pertain to building orientation: Goal 2: Promote building and site design that is oriented toward creating an integrated, human scale, multi-modal transportation environment. Strategy B: Encourage new buildings to orient to walkable streets with appropriate building heights to street width ratios. Goal 6: Preserve and revitalize neighborhood commercial nodes that provide essential neighborhood commercial services, unique neighborhood identity, and neighborhood gathering opportunities. Strategy A: Encourage infill and redevelopment in neighborhood commercial nodes that is neighborhood scale in terms of building size, architecture, and orientation to the street. Goal 14: Continue to enhance the Park Commons area as St. Louis Park’s primary “town center”. Strategy C: Require that future development is designed with buildings that are oriented to the public streets and spaces that are the heart of the “town center”. Zoning Ordinance: The Zoning Ordinance allows for a five foot front yard setback for commercial building located in the C-1 Neighborhood Commercial and C-2 General Commercial Zoning Districts. The five foot setback makes it possible to meet the walkable streets and livable communities goals of the Comprehensive Plan and study areas such as Park Commons by allowing buildings to orient to the street. City Council Meeting of September 16, 2013 (Item No. 6b) Page 7 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Existing Buildings and Redevelopment/Additions: Below are photos and brief descriptions of existing buildings on the south side of Excelsior Blvd that are constructed with buildings oriented to the street. There are many examples of old and new commercial buildings oriented to Excelsior Blvd with parking adjacent to residential. Navob Brothers: This redevelopment has the building located 5 feet from front property line and parking located behind the building, adjacent to residential. Judith McGrann (background): This addition and remodel has the building located 5 feet from the front property line and parking located along side the building adjacent to Excelsior Blvd and residential. This block (4900) has very little parking due in part to the large front setback. The buildings are located 15 feet from the front property line. Parking is located behind the attorney building and there is a loading area behind the retail buildings. Both are located adjacent to residential. Jennings Liquor was recently approved to construct an addition that is 5 feet from the front property line. Parking is located along the side and back of the building and is adjacent to Excelsior Blvd and residential. This building is located 27 feet from the front property line. Parking is located along side the building, adjacent to Excelsior Blvd and residential. This building is located at the front property line. Parking is located along side the building, adjacent to both Excelsior Blvd and residential. City Council Meeting of September 16, 2013 (Item No. 6b) Page 8 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Below is a look of Excelsior Blvd from Quentin Ave to Joppa Ave. It shows 13 buildings oriented to the street, and seven buildings, including the subject property, located to the back of the property. City Council Meeting of September 16, 2013 (Item No. 6b) Page 9 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Trash Enclosure: A trash enclosure is shown to be located in the southwest corner of the property. The trash bins will be screened with a six-foot tall fence, in addition to the eight-foot tall screen wall. Two trees are proposed to be planted between the enclosure and the residential property to the south for additional screening. To mitigate nuisance noise generated from trash collection, the City regulates when trash can be collected as follows: City Code Section 22-36(a) states “Garbage and refuse accumulated at stores, restaurants, other businesses and institutions shall be collected no less than once each week and as often as once each business day if necessary to protect the public health. Collection by the authorized city residential garbage and refuse collection contractor will take place between 7:00 a.m. and 5:00 p.m. Monday through Fridays and 9:00 a.m. to 5:00 p.m. on Saturdays when necessary.” Power Lines: There are power lines that run along the south property line. The proposed eight-foot masonry wall will be located directly beneath the power lines and in a utility easement. Staff reviewed minimum distance requirements from power lines and structures within utility easements with the Minnesota Public Utilities Commission, Excel and the Chairman of the Institute of Electrical and Electronic Engineers (IEEE). Staff also reviewed this proposal with the City Electrical Inspector. The City and utility companies allow fences, walls and other accessory structures under power lines as long as there is at least 15 feet of clearance between the structure and the high voltage lines. The high voltage lines are the lines located at the very top of the power pole. The lines below are lower voltage, phone and cable. The high voltage lines are approximately 30 feet from the ground, and will be approximately 22 feet from the top of the wall. The phone, cable and lower voltage lines are not required to meet this minimum distance, and are sometimes as close as three feet to a structure. The wall meets city and utility regulations. City Council Meeting of September 16, 2013 (Item No. 6b) Page 10 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard VARIANCE ANALYSIS: The following variances are requested: 1. A 10-foot variance to construct the building 5.0 feet from the lot line along Excelsior Blvd instead of the required 15.0 feet. 2. A 1-foot variance to allow a parking lot drive aisle width of 24.0 feet instead of the required 25.0 feet. Below is an analysis of the proposal based on the City’s criteria for granting variances found in Section 36-34 of the Zoning Ordinance. Consideration of the effect of the proposed variance upon the health, safety and welfare of the community. Setback: Elion states that the proposal is consistent with the Excelsior & Grand development and is consistent with the goals of the City to make Excelsior Blvd a safe and walkable pedestrian friendly streetscape. The closer proximity of the building to the street and the removal of two driveways contribute to the safer environment on Excelsior Blvd. In addition to what Elion states, the variance improves the health, safety and welfare of the neighborhood because the reduced setback creates sufficient space behind the building for two rows of parking, instead of one. This reduces the likelihood that customers and employees will park on the street in the neighborhood. Staff also recognizes that the building is intentionally kept outside of the visibility triangle required at the intersection to maintain a safe environment at the intersection. Drive Aisle: The purpose of the 1-foot variance to the parking lot drive aisle width is to provide an additional 1-foot to the space between the parking lot and the adjacent residential properties. This space will be utilized to construct an eight foot masonry screening wall between the parking lot and the residents to the south. Staff believes this criterion has been satisfied. The request is in harmony with the general purposes and intent of the ordinance. Setback: The request is in keeping with the general purpose and intent of the ordinance. For corner lots, the ordinance states that the front yard is determined by the shorter of the two property lines fronting on both streets. The intent was to maintain the front yard views along the block by keeping the front yard facing the same direction as other front yards on the block, regardless which direction you face the house on a corner lot. These views can sometimes be disrupted when the owner of the property on the end of a block decides to face the house toward the cross street, instead of the street that all the other properties on that block front on. By requiring the shorter property line to be the front, the setback remains consistent all along the block. City Council Meeting of September 16, 2013 (Item No. 6b) Page 11 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard This situation does not exist in this case because the houses on the same block do not front on Natchez Ave. The subject property and the neighboring residential property are the two properties that make up the end of a block. The neighboring home’s side yard and rear yard is adjacent to the subject property, not its front yard. The request is also in harmony with the general purposes and intent of the ordinance because the minimum front yard required for commercial properties along Excelsior Blvd is 5-feet. The intent of the 5-foot setback is to allow commercial buildings to be constructed close to the sidewalk along Excelsior Blvd to create a safe and pedestrian friendly streetscape which is consistent with the Comprehensive Plan and Livable Communities. The 5-foot setback along Excelsior Blvd also allows for more parking to be constructed on the site than otherwise would possible if greater setbacks were required along Excelsior Blvd. Drive Aisle: The drive aisle variance is in harmony with the general purpose and intent of the zoning ordinance. It is requested to facilitate screening requirements. Reducing the drive aisle by 1- foot does not impact functionality of the parking lot. Staff finds this criterion has been satisfied. The request is consistent with the Comprehensive Plan. As stated above, the request is consistent with the Comprehensive Plan, Park Commons concept and Livable Communities. Allowing a 5-foot front setback along Excelsior Blvd allows the building to orient to the street in a manner called out for in the goals and strategies of the Comprehensive Plan. Staff finds this criterion has been satisfied. There are practical difficulties in complying with the Zoning Ordinance. Practical difficulties are defined as follows: 1. The property owner proposes to use the property for a land use permitted in the zoning district in which the land is located. Elion is constructing a retail building, and retail uses are permitted in the zoning district. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Setback: The plight is the result of the zoning ordinance requiring Natchez Ave to be the front yard instead of Excelsior Blvd. The retail building should front on Excelsior Blvd in the same manner as other commercial buildings along Excelsior Blvd. Drive Aisle: The drive aisle variance is requested to provide additional space for screening, without compromising the ability to use the parking lot in a safe manner. The screening is required because of the existing conditions, which include the small size of the lot and the adjacent residential properties. City Council Meeting of September 16, 2013 (Item No. 6b) Page 12 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard 3. The variance, if granted, will not alter the essential character of the locality. Setback: The 5-foot front yard is a common setback for commercial buildings along Excelsior Blvd. Granting the 5-foot setback would be consistent with the essential walkable and “town center” character of Excelsior Blvd. Drive Aisle: The requested drive aisle variance will not impair the essential character of the neighborhood. It will help protect the screening of the commercial property from the adjacent residential property. 4. Economic considerations alone do not constitute practical difficulties. Setback: Major considerations for the variances are to be consistent with the character of Excelsior Blvd and the Comprehensive Plan. The variance also allows for more parking spaces to be constructed behind the building which will reduce the likelihood that customers or employees of the commercial property will park on the street in the residential neighborhood. Drive Aisle: The drive aisle variance is to help provide space for the screening wall along the rear property line, adjacent to the residential properties. 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. This is not applicable. City Council Meeting of September 16, 2013 (Item No. 6b) Page 13 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard NEIGHBORHOOD MEETINGS: Three neighborhood meetings were conducted, and the following concerns were expressed: Noise Pollution: Noise Pollution will become a major issue for residence who's property lines are behind the proposed parking lot. Currently, the BP gas station is at the back of the property. This creates a sound barrier to busy traffic along Excelsior as well as customer traffic at the gas station. Moving the parking to the back of the lot will create a noise pollution issue for many reasons: There will be car doors slamming and car horns beeping upon being locked, weekly Garbage pick-up, and the daily occurrence of delivery trucks. Trucks will beep while backing out of the lot as well. Snow plows are notorious for plowing during the middle of the night. The loud scrapping of the blade to pavement will affect residents quality of life if plows are going in the middle of the night. The residents who live directly behind the property line overwhelmingly prefer the privacy and sound barrier provided by placing the building at the back. Safety: • Traffic coming in and out of the Natchez entrance impedes walkable community theories. • Burglaries from the back entrances and miscellaneous crime due to the seclusion provided by having parking behind the building. • Sufficient lighting would be required in a parking lot for safety. That lighting will be too bright for residential. Light will be a nuisance for neighbors. However, insufficient lighting will create a breeding ground for crime. Either way, bright lights or low lights will be a problem for residents. • Pedestrian safety along Excelsior Blvd. There is no on street parking along the south side of Excelsior. Therefore there is no buffer provided between the busy street and sidewalk. Extremely dangerous due to traffic speed and volume. The north side of Excelsior has on street parking as does 50th and France. West End has much lower speed limits. All three of those examples are significantly safer for pedestrians than this property would be. • Is there enough turn radius for large trucks in the new entry way? It appears that garbage trucks would have to back out of the site across the sidewalk along Natchez Avenue. Blindly backing out is unsafe for pedestrians of our neighborhood. • An increase in traffic (employees, customers and delivery trucks) through our neighborhood because of traffic back up at the stop light. Or simply because people want a shortcut through neighborhood. Only one exit on Natchez significantly increases the amount of traffic that we'll see cut through the neighborhood. We'd like to see an exit off Excelsior as well to mitigate this. • Unable to put a sidewalk in along Jennings Liquor side of Natchez. Our main sidewalk for neighborhood pedestrians will become very dangerous for those trying to get to the park and businesses. This seems to conflict with the cities theory of "pedestrian friendly". Screening/Privacy • Trees on BP property will have to be cut down. So there will no tree or shrub screening. • Customers and employees parking on side streets of neighborhood. • Strangers walking/parking mere feet from my children playing in the backyard. Strangers also able to see directly into residents second story windows from the parking lot. • Lighting of parking lot and mezzanine level. • Code is only a two foot setback from homes for parking. This has to be increased to allow for tree and shrub screening which is the most effective screening noise and lighting • Need more setback from residential to accommodate landscaping and trees City Council Meeting of September 16, 2013 (Item No. 6b) Page 14 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Quality of Life • Homeowners along Vallacher and surrounding blocks would see their property values, privacy and quality of life bear the brunt of this project. • Hours of operation for future businesses (how would a pizza place open until 2am affect residences if the parking is directly behind their property?) • Neighborhood would like to see future development coincide with the character of our neighborhood. We are not downtown Minneapolis nor Uptown. We have our own uniqueness. Homes in our neighborhood have wonderfully landscaped lawns. Green space added to new developments will keep in line with our neighborhoods character. The building placed at the front will not allow for much green space. • More green space could be added to the front of the building as opposed to the back if parking were in front. (example given was a boutique on the corner of France and 54th). Green space is also an initiative of SLP. • Decrease in home values for entire neighborhood and especially those along Vallacher sharing property line. If homes along Vallacher can't sell, will it become a street of all rentals? • We want to see businesses thrive and we want to be able to support them. But we feel success shouldn't come at the expense of residents in Minikahda Vista. There is a way for everyone to be successful and we want to partner with the city and developer to make it the best it can be. BOARD OF ZONING APPEALS: The Board of Zoning Appeals conducted a public hearing on August 22, 2013. The BOZA voted 4-1 to approve the requested variances. APPEAL OF BOZA DECISION: The BOZA decision was appealed on August 28, 2013 by Hilary Tousignat-Stewart and 13 additional people from the neighborhood signed the application. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution to uphold the Board of Zoning Appeals decision to grant a 10-foot variance to the required 15-foot side yard abutting the street, and a one foot variance to the required 25-foot drive aisle width. City Council Meeting of September 16, 2013 (Item No. 6b) Page 15 Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard RESOLUTION NO. 13-____ RESOLUTION UPHOLDING THE BOARD OF ZONING APPEAL’S DECISION, AND APPROVING A VARIANCE TO ALLOW A 5.0 FOOT SIDE YARD ABUTTING THE STREET AND A 24 FOOT PARKING LOT DRIVE AISLE WIDTH FOR PROPERTY LOCATED AT 4701 EXCELSIOR BOULEVARD BACKGROUND 1. On July 22, 2013, Elion Acquisitions applied for a variance from the requirements of Section 36-193(f)(3) of the Zoning Ordinance to allow a 5.0 foot side yard abutting the street instead of the required 15.0 feet and Section 36-361(k) to allow a 24 foot wide parking lot drive aisle instead of the required 25.0 feet for property located in the C-1 Zoning District at the following location, to-wit: Parcel 1: Lots 1 and 2, except the northwesterly 17 feet thereof taken for Excelsior Ave., and all of Lot 3, Block 4, Minikahda Vista, St. Louis Park, Hennepin County, Minnesota Abstract Property Parcel 2: the easterly ½, front and rear, of Lot 4, Block 4, Minikahda Vista, St. Louis Park, Hennepin County, Minnesota 2. The variance was considered by the Board of Zoning Appeals (BOZA) on August 22, 2013, and the application was granted based upon staff findings. 3. On August 28, 2013, Hillary Tousignat-Stewart appealed the BOZA decision to the City Council. 4. This matter came on for hearing before the City Council on September 16, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. Granting the variance will not impact the health, safety and welfare of the community. 2. The proposed 7,000 square foot retail building is will be occupied by uses allowed by the C-1 Neighborhood Commercial Zoning District. 3. The plight of the landowner is due to circumstances unique to the property, and are not created by the landowner. 4. The requested variances are consistent with the Comprehensive Plan and Zoning Ordinance. 5. The variance will not alter the essential character of the locality. 6. Findings in the staff report are hereby adopted by reference and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning Appeals decision to approve the 10 foot variance to the required 15 foot side yard abutting the street, and the one foot variance to the required 25 foot drive aisle width is hereby upheld. Reviewed for Administration Adopted by the City Council September 16, 2013 City Manager Mayor Attest: City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 16 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 17 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 18 4701 Excelsior St. Louis Park, Minnesota Exterior Elevations North Elevation South Elevation East ElevationWest Elevation 9-10-2013 113-0017.0 ALUMINUM STOREFRONT STONE PREFINISHED METAL EIFS ALUMINUM STOREFRONT STONE PREFINISHED METAL EIFS METAL SCREENING ALUMINUM STOREFRONT STONE PREFINISHED METAL EIFS ALUMINUM STOREFRONT STONE EIFS BIKE RACK City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 19 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 20 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 21 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:A XPTS3 FT LED 63 SS CW UE *ADVISED STD FINISH HESS © 2013 LSI INDUSTRIES INC. 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Standard colors include bronze, black, platinum plus, graphite, satin verde green, metallic silver and white. Meets requirements of ASTM B117 1000-hour salt fog and ASTM G155 1000-hour Xenon Arc UV tests (supersedes G53-UVB313). WARRANTY - LSI LED fixtures carry a limited 5-year warranty. PHOTOMETRICS - Application layouts are available upon request. Contact LSI Applications Group at lighting.apps@lsi-industries.com SHIPPING WEIGHT - 30 lbs./13.6Kg LISTING - ETL listed to U.S. and Canadian safety standards. Suitable for wet locations. LED AREA LIGHTS - XPTS3 LED PATRIOT SMALL US patent 7828456, 7952293, 8002428, 8177386 and CAN 2736757 and MX patent 29631 and ISRL 49679 and AUS 2008312668 and US & Int’l. patents pending Type 2 Type 3 Type FT Type 5 CoolWhiteNeutralWhiteLIGHT OUTPUT - XPTS3 Lumens (Nominal)# of LEDS LW 63 4300 4100 4500 3300 SS 63 5400 5100 5600 4200 LW 63 3700 3800 4000 2900 SS 63 4900 5000 5100 3900 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 22 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:A XPTS3 FT LED 63 SS CW UE *ADVISED STD FINISH HESS © 2013 LSI INDUSTRIES INC. Project Name Fixture Type Catalog # 01/30/13 LED AREA LIGHTS - XPTS3 LED PATRIOT SMALL Prefix FinishColor Temperature XPTS3 - LED Patriot Small LED 63 CW - Cool White NW - Neutral White Input Voltage UE - Universal Voltage (120-277) 347-480 BLK - Black BRZ - Bronze GPT - Graphite MSV - Metallic Silver PLP - Platinum Plus SVG - Satin Verde Green WHT - White OptionsLight SourceDistribution # of LEDs TYPICAL ORDER EXAMPLE: LUMINAIRE ORDERING INFORMATION XPTS3 FT LED 63 SS CW UE WHT PCI120 ACCESSORY ORDERING INFORMATION (Accessories are field installed) RPPC - Round Pole Plate 141940CLR FK120 - Single Fusing FK120+ FK277 - Single Fusing FK277+ DFK208, 240 - Double Fusing DFK208,240+ DFK480 - Double Fusing DFK480+ FK347 - Single Fusing FK347+ Description Order Number LUMINAIRE EPA CHART - XPT3 Single D180° D90° T90° TN120° Q90° SS - Super Saver LW - Low Watt Drive Current PCI120 - 120V Button-Type Photocell PCI208-277 - 208-277V Button-Type Photocell PCI347 - 347V Button-Type Photocell TB - Terminal Block Description Order Number NOTES: +Fusing must be located in the hand hole of pole. ++Black only. 1.1 2.1 1.6 2.7 2.8 3.2 Note: House Side Shield adds to fixture EPA. Consult Factory. XPTS3 HSS - House Side Shield Type 2, 3, FT 516850BLK++ XPTS3 PLS - Polycarbonate Shield 263016 BKS-BO-PTS-WM-*-CLR - Wall Mount Plate 263230CLR BKA-BO-PTS-EC-6-CLR - Extension Arm 263228CLR BKA-BO-RA-8-CLR - Radius Arm 169010CLR BKU-BO-S-19-CLR - Upsweep Bracket for Round and Square Poles 144191CLR 2- Type II 3 - Type III FT - Forward Throw 5 - Type V 6-1/2” (165 mm) 13-1/2” (342 mm) 3-1/4 ” (81 mm) 3-1/8 ” (78 mm) 22-1/2” (572 mm) DIMENSIONS House Side Shield (HSS) Rear Mounted (516850 BLK) Advise City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 23 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:A - POLE 4SQB5 S11G 12' S *ADVISE STD FINISH GA BASE COVER © 2013 LSI INDUSTRIES INC. Project Name Fixture Type Catalog # 05/29/13 STEEL SQUARE POLES 12' City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 24 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:A - POLE 4SQB5 S11G 12' S *ADVISE STD FINISH GA BASE COVER © 2013 LSI INDUSTRIES INC. Project Name Fixture Type Catalog # 05/29/13 TYPICAL ORDER EXAMPLE: Pole Series Material Mounting Configuration POLE ORDERING INFORMATION Height2 ACCESSORY ORDERING INFORMATION Order Number Description Order Number (Accessories are field installed) 172539 172538 178361 518030CLR5 518029CLR5 Vibration Damper - 4" Square Pole (bolt-on mount only) Vibration Damper - 5" Square Pole (bolt-on mount only) Vibration Damper - 6" Square Pole (bolt-on mount only) PMOS120 - 120V Occupancy Sensor PMOS277 - 277V Occupancy Sensor Pole Finish Options BRZ – Bronze BLK – Black PLP – Platinum Plus WHT – White SVG - Satin Verde Green GPT - Graphite MSV - Metallic Silver S – Single/Parallel D180° – Double D90°– Double DN90°– Double T90°– Triple TN120°– Triple Q90°– Quad QN90°– Quad PT – Pole Top Mount N – Tenon Mount (Standard tenon size is 2-3/8" O.D.) * 14' 16' 18' 20' 22' 24' 26' 28' 30' 35' 39' S11G – 11 Ga. Steel S07G – 07 Ga. Steel GA – Galvanized Anchor Bolts SF – Single Flood3 DF – Double Flood3 DGP – DuraGrip® Plus LAB – Less Anchor Bolts OSXX - Pole preparation for PMOS Occupancy Sensor4 FOOTNOTES: 1 - See Area Lighting Brackets - Bolt-on and XAS3/XAM3 Area Lighting Brackets pages for Internal Slip-fitter brackets. 2 - Pole heights will have +/- 1/2" tolerance. 3 - See Flood Lighting Brackets section for choice of FBO brackets. 5SQB5 S07G 24 S PLP SF DGP 4BC – 4" Square Base Cover 5BC – 5" Square Base Cover 6BC – 6" Square Base Cover ER2 – Weatherproof Duplex Receptacle GFI – Ground Fault Circuit Interrupter MHP – Mounting Hole Plugs (3 plugs) 122559CLR 122561CLR 122563CLR 122566CLR 122567CLR 132336 BOLT CIRCLE EPA INFORMATION All LSI Industries’ poles are guaranteed to meet the EPA requirements listed. LSI Industries is not responsible if a pole order has a lower EPA rating than the indicated wind-loading zone where the pole will be located. CAUTION: This guarantee does not apply if the pole/bracket/fixture combination is used to support any other items such as flags, pennants, or signs, which would add stress to the pole. LSI Industries cannot accept responsibility for harm or damage caused in these situations. NOTE: Pole calculations include a 1.3 gust factor over steady wind velocity. Example: poles designed to withstand 80 MPH steady wind will withstand gusts to 104 MPH. EPAs are for locations 100 miles away from hurricane ocean lines. Consult LSI for other areas. Note: Hurricane ocean lines are the Atlantic and Gulf of Mexico coastal areas. For applications in Florida or Canada, consult factory. Standard SF and DF pole preparations are located 3/4 of the height of the pole from the base, unless otherwise specified. Consult Pole Selection Chart on opposite page Bolt Circle Anchor Bolt Size Anchor Bolt Projection Base Plate Opening for Wireway Entry Base Plate Dimensions B JD Note: Base plate illustrations may change without notice. Do not use for setting anchor bolts. Consult factory for the base plate templates. C 4" (102mm) square 5" (127mm) square 5" (127mm) square 6" (152mm) square Slotted 8”-11" (203mm-279mm) 3/4" x 30" (19mm x 762mm) 3-1/4" (83mm) 3-5/8" (92mm) 10-1/8" sq. x 3/4" thk. (257mm x 19mm) 3/4" x 30" (19mm x 762mm) 3-1/4" (83mm) 4-3/4" (121mm) 10-1/8" sq. x 3/4" thk. (257mm x 19mm) 1" x 36" (25mm x 914mm) 4" (102mm) 4-5/8" (117mm) 10-1/8" sq. x 1" thk. (257mm x 25mm) Slotted 9”-11" (229mm-279mm) 1" x 36" (25mm x 914mm) 4" (102mm) 5-5/8" (143mm) 12" sq. x 1-1/8" thk. (305mm x 29mm) Slotted 12" (305mm) Slotted 9”-11" (229mm-279mm) 10-1/8" (257mm) sq.10-1/8" (257mm) sq.10-1/8" (257mm) sq. 12" (305mm) sq. 11" (279mm) Dia. Bolt Circle 12" (305mm) Dia. Bolt Circle 11" (279mm) Dia. Bolt Circle11" (279mm) Dia. Bolt Circle Bolt-on Arm Mount - See pole selection guide for patterns and fixture matches. 4SQB3 - 3” Reduced drilling pattern 5SQB3 - 3” Reduced drilling pattern 4SQB5 - 5” Traditional drilling pattern 5SQB5 - 5” Traditional drilling pattern 6SQB5 - 5” Traditional drilling pattern Pole Top Mount - Use with: s'REENBRIAR0OLE4OP s(ILTON0OLE4OP 4SQP 5SQP 6SQP Tenon Mount - See pole selection guide for tenon and fixture/bracket matches. 4SQN 5SQN 6SQN No Mounting Holes or Pole Caps - Use with: s"+!)3&"+!)3& s"+!8)3&"+!8)3& Internal Slip-fitter1 4SQI 5SQI 4 - Order PMOS separately. Change “XX” to indicate height and side of pole location for pole preparation. EX: OS8A indicates preparation is to be 8ft. up from pole base on side A. Optimal distance from ground to sensor is 10ft. 5 - OSXX option required. STEEL SQUARE POLES 12' Advise Finish City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 25 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:C XPWS3 FT LED 48 350 CW UE *ADVISE STD FINISH © 2012 LSI INDUSTRIES INC. Project Name Fixture Type Catalog # 04/12/12 Suitable for wet locations (downlight only) SMARTTEC™ ENERGY SAVING FEATURES: THERMAL CONTROL - Sensors in both optical unit and driver enclosure reduce drive current when ambient temperatures exceed 50ºC. Current is lowered in imperceptible 5% increments every 5 minutes until safe operating temperature is reached. OCCUPANCY SENSING - Integral sensor (optional) detects movement and activates switching of luminaire to 30% power when no presence is detected. Smart dim slowly lowers light level over a 10-second period. LEDs - Available with 28 or 48 select high-brightness LED’s in Cool White (5300ºK nominal) or Neutral White (4200ºK nominal) color temperature, 70 CRI (nominal). DRIVER CURRENT OPTIONS - Choose from two drive current levels; 350mA and 450mA (Drive currents are factory programmed). OPTICS/DISTRIBUTIONS - Ultra-high efficiency reflectors provide three distributions. Choose from Wide Throw (WT), Forward Throw (FT) or Wall Wash (WW). OPTICAL UNIT - Clear tempered optical-grade flat glass lens sealed to the die-cast aluminum optic housing creates an IP65 rated unit. Pressure stabilizing breather allows super-tight protection while preventing cycling from building up internal pressures and vacuums that can stress optical unit seals. DRIVER - Components are fully encased in potting material for IP65 moisture resistance. Driver complies with IEC and FCC standards. Driver can be easily accessed and removed. ELECTRICAL - Two-stage surge protection (including separate surge protection built into electronic driver) meets IEEE C62.41.2-2002, Scenario 1, Location Category C. Available with universal voltage power supply 120-277VAC (50/60Hz input) and 347-480VAC. OPTIONAL INTEGRAL MOTION SENSOR - Passive infrared motion sensor activates switching of luminaire light levels. High level light is activated when passersby enter target zone and increased to full bright in 1-2 seconds. Low light level (30% of maximum drive current) is activated when target zone is absent of motion activity for 5 minutes and is gradually ramped down (10 seconds) to low level. Sensor detection range 110º horizontal x 93º vertical x 10 meters maximum distance. EMERGENCY OPTIONS - Integral emergency battery-back-up options are available. BB option operates in 0ºC to 60ºC ambient temperature and CWBB operates in -20ºC to 60ºC ambient temperature. When primary AC power failure occurs, both options operate 10 LEDs for a minimum of 90 minutes. EMR2 option for two external 12 volt circuits for use with 35 watt Halogen lamps (provided) is available. HOUSING - One-piece die-cast aluminum housing is smoothly contoured rectangular shape. Mounting hardware is stainless steel or electro-zinc plated steel. Housing and optical unit are sealed with extruded silicone gasket; supply conductors with molded EPDM bushing. OPERATING TEMPERATURE - -40ºC to +50ºC (-40ºF to +122ºF). WALL MOUNTING - Galvanized-steel universal wall mounting plate easily mounts directly to 4” octagonal or square junction box. EPDM gasket is supplied to be installed between mounting plate and junction box, sealing junction box from entrance of water. Universal plate permits fixture to be mounted in uplighting (indoor only) or downlighting position. POLE MOUNTING - XPMA option adds a clean look closure to the back of the housing and includes bracket to allow fixture to be pole-mounted. FINISH - Fixtures are finished with LSI’s DuraGrip® polyester powder coat finish process. The DuraGrip finish withstands extreme weather changes without cracking and peeling, and is guaranteed for five full years. See ordering guide for available standard colors. SHIPPING WEIGHT (in carton) - 25 lbs. (11 kg) EXPECTED LIFE - Minimum 60,000 hours to 100,000 hours depending upon the ambient temperature of the installation location. See LSI website for specific guidance. WARRANTY - Limited 5-year warranty. PHOTOMETRICS - Application layouts are available. Contact LSI Applications at lighting. apps@lsi-industries.com LISTING - ETL listed to ANSI/UL1598, UL8750 and other U.S. and international safety standards. Suitable for wet locations in downlight position. Optional Class 1 Division 2 (groups A, B, C &D) hazardous location rating is available. (Select HL option) LED PATRIOT WALL SCONCE (XPWS3) US patents D562491 & 7828456 and US & Int’l. patents pending ARRA Funding Compliant American Made American Innovation IP65 This product, or selected versions of this product, meet the standards listed below. Please consult factory for your specific requirements. LIGHT OUTPUT - XPWS3 Milliamps # of LEDs Distribution/Lumens (Nominal) Type FT Type WT Type WW Watts Neutral White Cool White 350 mA 450 mA 350 mA 450 mA 28 2300 2280 2580 33 48 4020 3940 4180 53 28 2820 2740 3010 44 48 4810 4680 4970 68 28 2260 2190 2430 32 48 3740 3570 3760 52 28 2660 2600 2850 41 48 4420 4180 4450 67 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 26 Submitted by Luma Sales Associates, Inc. on Sep 11, 2013Carianne Maki Proj: 4701 Excelsior Blvd - Site Lighting Type:C XPWS3 FT LED 48 350 CW UE *ADVISE STD FINISH © 2012 LSI INDUSTRIES INC. Project Name Fixture Type Catalog # 04/12/12 LED PATRIOT WALL SCONCE (XPWS3) Prefix FinishColor Temperature XPWS3 - LED Patriot Wall Sconce WT - Wide Throw FT - Forward Throw WW - Wall Wash LED 28 48 CW - Cool White NW - Neutral White Input Voltage UE - Universal Voltage (120-277) 347-480 BLK - Black BRZ - Bronze GPT - Graphite MSV - Metalic Silver PLP - Platinum Plus SVG - Satin Verde Green WHT - White Options BB - Battery Back-up1 CWBB - Cold Weather Battery Back-up1 IMS - Integral Motion Sensor EMR2 - Two Emergency 12V Circuit Provisions with (2) 35 Watt Halogen Lamps2 PCI 120 - Button Type Photocell PCI 208 - Button Type Photocell PCI 240 - Button Type Photocell PCI 277 - Button Type Photocell PCI 347 - Button Type Photocell HL - Class1, Division2, Hazardous Location Rating. ETL listed to UL8443 XPMA - Pole Mounting Adaptor w/fixture backplate for use with square poles4 XPMAR - Pole Mounting Adaptor w/fixture backplate for use with round poles4 Light SourceDistribution # of LEDs TYPICAL ORDER EXAMPLE: LUMINAIRE ORDERING INFORMATION XPWS3 FT LED 48 450 CW UE WHT BB 350 - 350mA 450 - 450mA Drive Current ACCESSORY ORDERING INFORMATION (Accessories are field installed) XPWS3 Polycarbonate Shield XPWS3 SW BLK - Surface Wiring Box (Available in black only) Description Order Number 244657 356915BLK FOOTNOTES: 1- Available with UE voltage only. 2 - Utilizes GZ4 sockets. 12 volt separate circuits required. Not available with battery back-up, photocell option, HL, XPMA or XPMAR options. 3 - Not available with battery backup, photocell or EMR2 option. 4 - Not available with EMR2 option. Designed with 3” reduced drilling pattern. For S or D180 mounting configuration only. DIMENSIONS 19-1/4” (489mm)11” (279mm) 8” (203mm) 5-11/16” (145mm) 7-3/4” (197mm) Universal Mounting Plate 4-5/8” (117mm) 19-1/4” (489mm) Shown with IMS Option 8” (203mm) 4-5/8” (117mm) 12-13/16” (325mm) Advise City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 27 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 28 City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior BoulevardPage 29 D R A F T UNOFFICIAL MINUTES OF AUGUST 22, 2013 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on August 22, 2013, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers. Members Present: Susan Bloyer, James Gainsley, Justin Kaufman, Paul Roberts, Henry Solmer Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF JUNE 27, 2013 Commissioner Gainsley made a motion to approve the minutes of June 27, 2013. The motion passed on a vote of 5-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Sideyard Setback and Drive Lane Width Location: 4701 Excelsior Boulevard Applicant: Elion Acquisitions Case No.: 13-30-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is proposing to redevelop the existing BP fuel station by removing the fuel station and constructing a new three tenant retail building. Variances are requested to allow the new building to be 5.0 feet from the property line along Excelsior Blvd. A 24 foot drive aisle instead of the required 25 feet is requested to provide an additional one foot of green space between the proposed parking lot and the south property line, which is adjacent to single family residential properties. City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 30 Mr. Morrison spoke about the corner lot designation regarding front and side yard. Mr. Morrison said the intent is to put the parking lot behind the building and keep the building up front. That will help with traffic. The parking lot will be accessed in the same spot as existing access along Natchez Ave. He said a fuel station with 8 fuel pumps generates approximately 1300 trips per week day according to national averages. An 8,000 sq. ft. retail building generates about 340 trips per week day according to national averages, not taking into account tenants and tenant change. He stated that if the parking lot was in front with access to Natchez, the utility boxes would have to be moved at considerable expense. The city requires 50 ft. setback for driveway entrances from the intersection of any major street, so the drive aisle to the parking lot would not be conducive to a parking lot located in this area. It cuts too much to the south. Mr. Morrison said the 5 ft. setback allows the construction of 14 additional parking spaces. If the building met the 15 ft. setback it would have to be shifted to the south which would affect a row of parking. He discussed the creation of walkable streets on Excelsior Blvd. with recent development and 5 ft. setbacks. Mr. Morrison spoke about the neighborhood meeting which was held Aug. 20th. He reviewed the concerns raised at the meeting. The biggest concern relates to the placement of the building. Concerns related to placement of the building include parking lot noise, truck deliveries, garbage pick-up and screening along the south property line. There were concerns about additional traffic onto Natchez Ave. with one access to the property. Traffic volume, parking in the neighborhood, and lighting were also raised as concerns. Mr. Morrison explained that since the neighborhood meeting the applicant has revised their drawings. Many of the neighborhood concerns have been incorporated into the plan. The revision includes a right-in only access on Excelsior Blvd. In order to accommodate this, the second and third tenant space has been reconfigured. The outdoor patio area was eliminated. An 8 ft. masonry wall is proposed to be constructed along the south property line, planted with vines, for a visual and sound barrier. Elevations of the building have also changed slightly. The second story has been removed, with the architectural detail maintained at the intersection of Excelsior and Natchez. Mr. Morrison stated that staff recommends approval of the two variances. He reviewed the findings of criteria for granting the variances. Chair Bloyer opened the public hearing. Dean Dovalis, DJR Architecture, said they chose to go through the variance process because of overall urban design and the nature of the street. They City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 31 thought it was important to anchor the corner and create a future pedestrian environment as Excelsior Blvd. enhances and improves over time. He stated that they gave up about 1,000 sq. ft. to accomplish the new design. Hillary Stewart, 4712 Vallacher Ave., said she bought her home in 2000 because there are so many positive things about the community. She stated that the fuel station has hardly any traffic so does not reflect the national traffic averages for this kind of use. She distributed a photograph taken from her kitchen window which shows the feeder route flow of traffic from the Minikahda Vista community which is constant flow of joggers; moms, strollers, and small kids 20 ft in front of mom; woman in a wheelchair; and elderly with canes. She said even with a second entrance on Exc. Blvd., there will be accidents as pedestrians and bikers go to Starbucks or Wolfe Park. Ms. Stewart stated she is concerned about truck traffic and noise with three separate property owners and doesn’t believe the wall will be an effective sound barrier. She said she walks to Starbucks daily and can attest to the current pedestrian traffic and existing traffic and street parking at Natchez. She spoke about problems existing at Excelsior Blvd. and Natchez to get into the right hand turn lane. Drivers often pull halfway into the crosswalk. Ms. Stewart said she doubted that customers and employees will all park in the lot. The employees will probably be encouraged to park on Vallacher. She spoke about trucks coming down Natchez to make deliveries to Jennings Liquor. She said trucks do a 3-point turn to make their deliveries. To avoid the 3-point turn they drive the big beer trucks down Vallacher Ave. and into Natchez. She will lose trees, have increased noise, and decreased property value. She is also concerned about kids in the neighborhood. She spoke about the congestion that will occur with truck deliveries and garbage pick-up for the new development and Jennings Liquor. Ms. Stewart summarized by saying she understands change will happen but she is very concerned about noise. She would propose the building is moved to the back of the property. She suggested adding more green space, reduce the amount of tenants, and reduce the amount of parking space. She said the revised plan is a start but it can be much better. Chair Bloyer asked Ms. Stewart what kind of use she was envisioning at the site. Ms. Stewart responded she wouldn’t mind seeing one tenant or a bakery with normal business hours, a law office, an office use with normal business hours hours, 1 to 2 stories. She added that she doesn’t have a problem with the building itself but the way it is situated for her property and for all of Minikahda Vista. Erica Gibbons, 4724 Vallacher Ave., said she is very concerned about the hours of fast food or pizza delivery going beyond midnight. She spoke about the problem in the parking lot of car doors slamming, horns beeping, employees taking breaks and talking on their cellphones and smoking, and privacy for City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 32 residents. Ms. Gibbons asked the resident who lives behind Jennings Liquor about any noise problems. That resident told her that the delivery trucks, plows, and garbage trucks had an inconsistent schedule and were always very loud. Ms. Gibbons said her overall concern is comparing the line of sight with Exc. & Grand and Ellipse. The properties can’t be compared to the proposal on the south side. The subject lot is more shallow and abuts directly to residential. She’s very concerned about the differing visions that the City and the neighborhood have of the south side of Excelsior Blvd. and the Minikahda Vista neighborhood. She asked if all parking will move back on the south side of Excelsior Blvd. and create traffic flow concerns in and around those buildings. She said there has not been enough vision and planning for this entire site. The older properties will start selling in the next few years and she believes a consistent vision is needed for each building that will be developed. The neighborhood is not envisioning that all the buildings will now go to the front. Ms. Gibbons said she felt there is a lack of communication between the neighborhood and the City. She said she is asking for more transparency between the City, neighborhood and for the City to take into consideration the concerns of the neighborhood now and in future planning. Betsy Baker, 3905 Kipling Ave. S., said her house is not particularly affected by the development. She is very sympathetic to what the homeowners are feeling but said she wants to speak in favor of the proposal. She said she was part of the neighborhood association from about 1998 – 2004. She said she thinks having the building in front will be much more appealing to look at long term. Especially if it becomes precedent setting, she would not want a sea of asphalt parking lots down Excelsior Blvd. when there are the beginnings of good things going on the north side of Excelsior Blvd. She said the architect of the proposed development does have experience listening to the neighbors of Minikahda Oaks and Minikahda Vista neighborhoods with the Ellipse development. She said she felt a lot of neighborhood concerns were addressed in the proposed development. She stated that development is going to happen and if the current proposal was for an expanded fuel station and convenience store it might not have been as appealing as the current proposal. She commented that Natchez is the first street to the south of a major thoroughfare. She said she thinks a safe and appealing site can be accomplished within the parameters of the development. Ernie Feil, 3914 Ottawa Ave. S., said the 8 ft. wall in the back to help with sound, lights and noise is a good improvement to a 6 ft. fence, but it creates a hazard at the sidewalk. Mr. Morrison indicated that the wall would not extend all the way to the sidewalk. Mr. Feil commented that the zoning is commercial, but it is abutting residential and certain businesses, like coffee roasting, cause significant problems with neighbors. Other considerations have to be taken into consideration when City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 33 commercial abuts residential. He suggested the business should be open no later than 10 p.m. He said he was concerned about noise of snow removal, deliveries, and traffic with a rear parking lot. He said he was concerned about snow storage and snow being moved to the residential area. He said he was concerned about the width of the driving lane and larger vehicles. Mr. Feil requested a condition for significant tree replacement for light and noise barrier. He spoke about concern of delivery vehicles. He noted that delivery vehicles currently can’t navigate the Jennings parking lot and do park in the street and he anticipated the same with the proposed development. He requested no loading zones on Natchez. Mr. Feil stated that change will come to the area, but said moving the building to the rear may better serve the residential area and the community. Chair Bloyer suggested residents meet with the Engineering Dept. staff about street problems which are occurring. Mr. Morrison added that he would present these concerns to the Engineering Dept. Steve Kramer, 3924 Ottawa Ave. S., stated that the proposal seems to be an ideal scenario compared to the expansion of a fuel station and convenience store that could have been constructed. He asked how to insure that the developer will comply with the 8 ft. concrete wall as it has been described with stucco and ivy. Mr. Morrison responded compliance is insured by clarification in the conditions for the variance. Later when building permit application is made to the Building Inspections Dept., Mr. Morrison reviews the permit for all conditions along with other zoning requirements. Certificate of Occupancy is not granted until everything is completed. Mr. Kramer asked the Board if they thought an 8 ft. wall was adequate. He asked if it should be 9 or 10 ft. Mr. Kramer said that aesthetically the type of design and the precedent for that corner and for Excelsior Blvd. could increase the value of the residential properties. He said he is amazed at how Minikahda Vista property values have maintained themselves in recent years. He commented that there is still much demand for people to move into the neighborhood. He said he would like to see buildings abut the sidewalk on the north side of Exc. Blvd. as well as the south side as long as noise and light can be mitigated for residents. Mr. Kramer spoke about a safety issue as pedestrians go down Natchez to go to Exc. & Grand. Sidewalk along the east side of Natchez, along Jennings Liquor, down to Vallacher would increase safety. City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 34 Mr. Kramer suggested a right on green only sign as a safety measure. Jeremy Myrum, 4704 Vallacher Ave., said he just moved to Vallacher Ave. in April. One of their favorite features was having their lot backed up against the trees behind the fuel station. He said they appreciated not hearing anything and not having neighbors in the back. They understood that the fuel station was not doing very well and that change would come. He said they would not have purchased the home if they knew they would have a parking lot in the backyard. They are concerned about safety issues for children with increased traffic Chair Bloyer noted she had looked at the fence which is currently a buffer and she was horrified by its condition. Jon Schaefer, 3913 Lynn Ave., said he has lived in St. Louis Park since 1965 and has lived at 3913 Lynn with his family since 1968. He said the issues are safety, noise, light and urban beauty. This is the first proposal on the south side of Excelsior Blvd. and it is important. He added that St. Louis Park has always been kids first, neighborhoods, and citizens. The issues need to be balanced with urban renewal and improvements. Mr. Schaefer said all that was necessary was to put the building in the back and close off the entrance from Natchez Ave., eliminating the safety issue. Noise would be reduced with this buffer. Claudia Johnston-Madison, 3931 Joppa Ave., stated she is a 27 year resident, co- chair of the neighborhood association, and also a City Planning Commissioner. She stated the proposal has been a whirlwind for the neighborhood. The neighborhood heard a couple of months ago that Steve Wolfe was going to sell the property. Rumors were circulating about possible development. Ms. Johnston-Madison said she requested from city staff the proposed plans when they became available. She said residents and neighbors suddenly received a notice for the Board of Zoning Appeals meeting. There have been a lot of unanswered questions. She stated that staff did include a number of points from the neighborhood meeting in the presentation. Ms. Johnston-Madison reviewed the history of development along Excelsior Blvd. with Excelsior & Grand. She discussed neighborhood involvement in discussions of various proposals for the Al’s Bar site over the years. She discussed design guideline meetings which were held prior to the new Ellipse development at that site. The design guidelines for that site are part of the City’s Comprehensive Plan. Residents and business owners involved in the design guideline process felt a similar process should be conducted for the south side of Excelsior and never felt the south side was to mirror the north side of Excelsior Blvd. City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 35 Ms. Johnston-Madison said it isn’t clear if the proposed building should be in the front or back of the lot. She stated the best course of action seems to be to table the issue for more discussion. The proposal will set the precedent for the south side of Excelsior. Blvd. A vision for the south side is needed. She said consensus hasn’t been reached because of the way this proposal was rushed. She suggested holding a couple more meetings with the developer and residents as there are unanswered questions. Rose Doherty, a 27-year-resident of 4968 W. 40th St., stated that she lives right behind the Chill and Grill at Miracle Mile. She has a fence that goes up to the Miracle Mile property. She stated that it is a regular occurrence for customers parked at the fence to eat their food and leave garbage and liquor bottles in the yard. She spoke about noise from deliveries, snow removal, and parking lot sweeping which regularly occurs after midnight. She said the 6 ft. fence and trees in her yard help to obscure the view, but the view is not obstructed from her porch. She commented that the south side of Excelsior Blvd. is different from the north side. The north side was designed for density. She suggested that a vision be created which can be followed for the south side. She recommended tabling the request and come up with some alternatives. Erica Gibbons, 4724 Vallacher Ave., distributed photographs of new construction at Hwy. 7 & Hopkins Crossroad, stating that the building and site is very similar to the proposal under discussion. Ernie Feil, 3914 Ottawa Ave. S., stated if the proposal was deemed to have a negative effect on residential property values, the City might be responsible for compensation to residents. Grant Worthen, 4620 Vallacher Ave., stated he has lived directly behind Jennings Liquor Store for eight years. He spoke about issues of snow plows, liquor trucks, garbage, and noise related to parking and traffic on the back side abutting his residential property. His property is about 50-75 ft. from the fuel station property and he anticipates additional noise if parking goes to the rear of the site. His preference is for the building to go to the back. He was concerned about retail parking spaces, anticipated daily trips, and employee parking. Mr. Worthen stated he doesn’t want cars parked on Vallacher Ave. He said that situation can decrease property values. He said the variance proposal seems rushed, would set a precedent, and he recommends more discussion. Sheldon Berg, applicant, spoke about the photographs provided of Hwy. 7 and Hopkins Crossroad. He noted that he is the developer of that project in Hopkins. He said it is the redevelopment of an industrial building and there were few choices in placement. He stated that the character of the adjoining neighborhood and streets are much different from the Excelsior Blvd. proposal. City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 36 Dean Dovolis, architect, said they are not in favor of tabling the request. He said the debate has been very good. Over sixty people attended the neighborhood meeting. He said they were willing to continue working with the neighborhood going forward. He spoke about the construction timeline. Mr. Dovolis said they believe the variance is the right thing to do for the long term vision of St. Louis Park. Chair Bloyer closed the public hearing. Commissioner Gainsley stated he liked the plan and found it well thought out. He said it has been given a very significant airing. He said there may be issues that need to be taken up later, and he favors the variance request. Commissioner Solmer said as originally presented he had some concerns with delivery truck access and parking screening. He said the revised version does a good job addressing those issues. He said all things considered it is a good plan for redevelopment of this site. Commissioner Roberts asked what type of building could be built on the site without a variance. Mr. Morrison responded the C-1 district allows for a 3-story building. He discussed setbacks. He said the biggest limiting factor is parking and the parcels are small. Underground parking is cost prohibitive in most cases. Commissioner Roberts said he liked the plan and would be open to tabling the request for neighborhood input, but overall he said he supports the plan. Commissioner Kaufman said he struggles with the request. The neighborhood has concerns. The developer is responsible and trying to do the right thing. He said he understands there may be enforcement issues which create a cumulative effect in the neighborhood. Commissioner Kaufman said he could vote against the variance or vote to table the request to insure that mitigation efforts that would be appropriate if the building was at the front of the property could be addressed and be a condition of that variance. Chair Bloyer said she wasn’t sure if tabling the request would be that helpful. She stated that the developer has gone to great lengths in design and addressing concerns. She added that there isn’t a perfect solution and there will be growing pains. She suggested adding much more greenery for noise reduction. Commissioner Gainsley made a motion to adopt Resolution No. 03-13 approving a variance with the revised site plan to allow a 5.0 foot side yard abutting the street instead of the required 15 feet, and a 24 foot drive aisle instead of the required 25 feet. The motion was approved on vote of 4-1 (Kaufman opposed). City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 37 Mr. Morrison read the statement regarding appeal to City Council. 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: None 7. COMMUNICATIONS: A Board of Zoning Appeals meeting will be held on Thursday, September 26th. 8. ADJOURN The meeting was adjourned at 7:55 p.m. Respectfully submitted, Nancy Sells Administrative Secretary City Council Meeting of September 16, 2013 (Item No. 6b) Title: Appeal of Board of Zoning Appeals Decision - Variances at 4701 Excelsior Boulevard Page 38 Meeting: City Council Meeting Date: September 16, 2013 Public Hearing Agenda Item: 6c EXECUTIVE SUMMARY TITLE: Public Hearing First Reading of Ordinance Amending Xcel Franchise Ordinance RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to approve first reading of an Ordinance amending Xcel’s franchise ordinance and set second reading for September 23, 2013. POLICY CONSIDERATION: Does Council wish to extend the expiration date of Xcel’s current franchise ordinance through the end of 2015? SUMMARY: The City currently has a franchise agreement with Xcel Energy (Xcel) which expires December 31, 2013. City and Xcel staff have been working on terms for a new franchise ordinance since early in 2012. The renewal of the Xcel franchise is being coordinated with renewal of the CPE franchise ordinance. Xcel and the City still have differences regarding language City staff has proposed relative to insuring performance by Xcel, particularly during City construction projects. As such, Xcel and City staff have discussed extending the current franchise ordinance for two years to allow more time to work thru these issues. Staff feels this is acceptable given in part to the fact Minneapolis is undergoing a franchise renewal process as well. The results of this process may be of benefit to the City relating to the terms Minneapolis may be able to negotiate into their new franchise ordinance. The terms of the proposed franchise ordinance extension are the same as before with the exception that Xcel has agreed to include language in the ordinance which would allow the City to charge permit fees when Xcel works in the City right of way. FINANCIAL OR BUDGET CONSIDERATION: Failure to extend the current franchise ordinance will result in expiration of the current franchise leading to the loss of franchise fee revenues for our pavement management program. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Prepared by: Tom Harmening, City Manager City Council Meeting of September 16, 2013 (Item No. 6c) Page 2 Title: Public Hearing First Reading of Ordinance Amending Xcel Franchise Ordinance ORDINANCE NO. _____ - 13 ORDINANCE AMENDING ST. LOUIS PARK CITY CODE SECTION 9-610 RELATING TO PERMIT FEES AND SECTION 9-603 EXTENDING THE TERM OF THE NORTHERN STATES POWER COMPANY FRANCHISE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 9-610 (1) of the St. Louis Park City Code is amended in its entirety to read as follows: (1) Separate Ordinance. During the term of the franchise hereby granted, and in addition to any permit or other fees being imposed on the Company pursuant to Section 9-604 (3), the City may impose on the Company a franchise fee of not more than five percent (5%) of the Company’s gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least sixty (60) days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least sixty (60) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. SECTION 2. Section 9-603 (1) of the St. Louis Park City Code is amended to extend the term of the franchise granted to Northern States Power Company, d/b/a Xcel Energy through December 31, 2015. SECTION 3. This Ordinance shall take effect fifteen (15) days after its passage and publication. Public Hearing/First Reading September 16, 2013 Second Reading September 23, 2013 Date of Publication October 3, 2013 Date Ordinance takes effect October 18, 2013 ADOPTED this 23rd day of September, 2013, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council September 23, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting: City Council Meeting Date: September 16, 2013 Public Hearing Agenda Item: 6d EXECUTIVE SUMMARY TITLE: Public Hearing First Reading of Ordinance Extending CenterPoint Energy (CPE) Franchise Ordinance RECOMMENDED ACTION: Mayor to open the public hearing, solicit comments, and close the public hearing. Motion to approve first reading of an Ordinance amending CPE’s Franchise Ordinance No. 2236-03 and set second reading for September 23, 2013. POLICY CONSIDERATION: Does Council wish to extend the expiration date of CPE’s current franchise ordinance through the end of 2015? SUMMARY: The City currently has a franchise agreement with CenterPoint Energy (CPE) which expires December 31, 2013. City and CPE staffs have been working on terms for a new franchise ordinance since early in 2012. The renewal of the CPE franchise is being coordinated with renewal of the Xcel franchise ordinance. Staff and CPE have been able to reach agreeable terms on a new franchise ordinance. The City has not been able to reach final terms with Xcel on a new franchise ordinance and have concluded that it makes sense to extend their current franchise ordinance by two years (to expire 12/31/15). City staff feels it is desirable to have CPE’s franchise terms and renewal date consistent with Xcel to coordinate the renewal of CPE’s franchise ordinance with Xcel’s results in a need to also extend CPE’s current ordinance through the end of 2015. FINANCIAL OR BUDGET CONSIDERATION: Failure to extend the current franchise ordinance will result in expiration of the current franchise leading to the loss of franchise fee revenues for our pavement management program. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Prepared by: Tom Harmening, City Manager City Council Meeting of September 16, 2013 (Item No. 6d) Page 2 Title: Public Hearing First Reading of Ordinance extending CenterPoint Energy (CPE) Franchise Ordinance ORDINANCE NO. ____ - 13 ORDINANCE AMENDING ST. LOUIS PARK CITY ORDINANCE NO. 2236-03 EXTENDING THE TERM OF THE CENTERPOINT ENERGY MINNEGASCO FRANCHISE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 2. Franchise (2.1) of St. Louis Park City Ordinance No. 2236-03 is amended to extend the term of the franchise granted to CenterPoint Energy Minnegasco through December 31, 2015. SECTION 2. This Ordinance shall take effect fifteen (15) days after its passage and publication. Public Hearing/First Reading September 16, 2013 Second Reading September 23, 2013 Date of Publication October 3, 2013 Date Ordinance takes effect October 18, 2013 ADOPTED this 23rd day of September, 2013, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council September 23, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting: City Council Meeting Date: September 16, 2013 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Major Amendment to Knollwood Mall Planned Unit Development (PUD) RECOMMENDED ACTION: Approval of a Major Amendment to the Knollwood Mall PUD with conditions as recommended by staff. POLICY CONSIDERATION: Does the City Council wish to approve the proposed Planned Unit Development (PUD) and the phased approach for stormwater improvements? SUMMARY: Rouse Companies (Rouse), the owners of Knollwood Mall submitted an application for a major amendment to the Knollwood Mall Planned Unit Development (PUD) to make significant changes to the Knollwood Mall building and its parking lot. The application proposes the following: 1. Construction of an 11,500 sf retail building near the Hwy 7/Aquila Ave intersection. 2. The demolition of approximately 92,500 sf of the existing mall. 3. The construction of approximately 25,000 sf of new “junior box” retail spaces. 4. The renovation of approximately 71,400 sf of existing mall area. 5. The construction of additional parking. 6. The renovation of existing parking areas. 7. Stormwater improvements. The major amendment triggers the following PUD requirements: 1. The development must meet zoning regulations such as setbacks, architectural standards, screening of rooftop equipment and trash areas, and sidewalks. 2. Public plazas and walkways must be integrated into the site. 3. The application triggers an obligation to meet stormwater requirements. The application meets all zoning and PUD requirements. The applicant, however, submitted a legal opinion that the recommended PUD condition to “Execute PUD development agreement requiring phasing and financial guaranty for future storm water improvements” is not feasible, and cannot be met. The opinion is attached. FINANCIAL OR BUDGET CONSIDERATION: The City may be asked to maintain the lift stations if a regional stormwater solution is agreed upon. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Resolution Development Proposal SLP – Engineering Stormwater Memo Letter from Peter J. Coyle, representing the applicant Excerpt of Planning Commission Minutes Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of September 16, 2013 (Item No. 8a) Page 2 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) DISCUSSION DEVELOPMENT PROPOSAL: Knollwood building: Rouse is proposing to remove the interior mall located between Kohls and TJ Max. The interior mall will be replaced with approximately four “Junior Box” retailers about the size of stores like Old Navy. Small “out” building: A small three tenant building is proposed to be built in the parking lot at the corner of Hwy 7 and Aquila Ave. This building will contain Panera Bread and two other retailers. The Panera will include a drive-thru and an outdoor seating area. Parking lot: The shopping center parking lot, located between Kohls, Hwy 7 and TJ Max will be replaced and redesigned to improve traffic and pedestrian flow. The redesign will include significant landscaping integrated into the pedestrian routes through the parking lot. Storm water: Stormwater generated by the Knollwood Mall development is currently not treated to control rate of runoff or water quality. The stormwater is drained directly into Minnehaha Creek. This is not compliant to City or MCWD regulations. ZONING ANALYSIS: Comprehensive Plan: Commercial Zoning: General Commercial (C-2) Neighborhood: Aquila Knollwood Mall PUD: The Knollwood PUD was approved on February 7, 2000. Prior to that, Knollwood Mall approval was granted under a special permit. The last amendment to the PUD was in 2004 when the PUD was amended to allow façade improvements and eliminate the previous approvals for a theater which was not constructed. Proposed Use: The proposed use (Shopping Center over 200,000 sf of gross floor area) is allowed by Planned Unit Development (PUD) in the C-2 General Commercial Zoning District. Knollwood Mall is approximately 491,000 sf in area. If approved, the mall remodel will reduce the total mall size to 420,000 sf. Setbacks: The required and proposed setbacks for the proposed building in the C-2 Zoning District are detailed in the following table: Height: The maximum height in the C-2 Zoning District is six stories or 75 feet in height, whichever is less. The proposed height is 36 feet. Required Yards Min Required Provided Front (South) 5 feet 151 feet Side (West) 15 feet 45 feet Side (East) 15 feet 438 feet Rear (North) 15 feet 83 feet City Council Meeting of September 16, 2013 (Item No. 8a) Page 3 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) Parking: City Code requires at least one parking space per 250 sf of gross floor area for shopping centers, and one parking space per 60 sf of gross floor area of restaurants with wait-staff. Shopping Centers also require a maximum number of parking spaces not to exceed one space per 150 sf of gross floor area. A breakdown of the required and proposed parking is as follows: Use Required minimum Required maximum Proposed Met? Shopping Center 1,963 spaces 3,208 spaces Restaurant with wait-staff 96 spaces N/A 2,059 spaces 3,208 spaces 2,175 spaces Yes Traffic: The proposal does not alter, add, or remove any existing entrances to the site. The proposal includes a reconstruction of the parking lot located between the intersection of Highway 7/Aquila Ave, Kohls and TJ Maxx (see development plans). The parking lot reconstruction will significantly improve the vehicular and pedestrian traffic flow through this portion of the site. The vehicular traffic will benefit from clearly defined drive aisles that lead to and from access to adjacent streets. Pedestrian traffic will benefit from dedicated and landscaped walk ways leading from the Highway 7/Aquila Ave intersection to the mall. Landscaping: The landscaping ordinance requires one tree per 1,000 sf of gross floor area. The proposed remodel consists of approximately 115,000 sf, therefore, a minimum of 115 trees are required. The proposal includes 121 trees. Likewise, six shrubs are required per 1,000 sf of gross floor area. Therefore, a minimum of 690 shrubs are required. 745 shrubs are proposed. The trees and shrubs are proposed to be planted throughout the parking lot, along the perimeter of the site, and along landscaped pedestrian walkways. Grading: The property is relatively flat and will not be significantly altered. A dry pond is proposed in the northwest corner of the property. Stormwater: The last time the PUD was amended was in 2004. At that time, the City Council included a condition that the entire Knollwood property be brought into compliance with stormwater requirements. “On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions.” (Resolution No. 04-054 Condition (f)) City Council Meeting of September 16, 2013 (Item No. 8a) Page 4 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) The applicant has shown how this can be accomplished in two phases, which are included in the proposal and condition of approval. Proposed on-site stormwater plan: The on-site stormwater plan which is included in this proposal, and made a condition of approval is separated into the following two phases: Phase 1 is shown on the grading plan, and would be completed as part of the proposed development. The applicant proposes to construct a dry pond in the northwest corner of the property near Aquila Ave and 36th St. The dry pond is sized to control the runoff generated by the eight acres of land disturbed by this project. Phase 2 is shown on a storm water plan submitted by the Minnehaha Creek Watershed District (MCWD) and would be completed in 3-4 years. The MCWD plan is to replace the dry pond with underground tanks. The tanks will be sized to treat the entire 37-acre Knollwood Mall site, and potentially an additional 100 acres of residential land to the north and east of the Knollwood Mall. If Phase 2 includes the additional 100 acres, it will be a regional storm water facility protected by drainage and utility easements and agreements for on-going maintenance. The terms of the agreement are currently being drafted. To date, the considerations are that Rouse would pay for its share of the improvement, and the MCWD would pay for the remaining costs. The MCWD would maintain the underground pipe field, while the City may be asked to maintain the two storm water lift stations required for the system to function. As a condition of approval, staff is recommending that a financial guarantee be submitted to ensure the installation of the approved stormwater plan. The guarantee is to be in the amount of 110% of the estimated cost of the full on-site stormwater plan, and is to be submitted prior to issuance of a building permit. Requiring a financial guarantee such as this is a standard condition of approval. The guarantees are routinely given to ensure that items such as stormwater, landscaping, sidewalks, parking lots, and other miscellaneous items specific to a project are installed according to the approved plan. The applicant estimates that the proposed stormwater improvements will cost between $2.5 million and $4 million for the entire 37 acres. The discrepancy is due to whether or not the Minnehaha Creek Watershed District (MCWD) will participate in the project. MCWD participation will reduce the financial cost to the applicant to an estimated $2.5 million. If the MCWD does not participate, then the applicant estimates the total cost to be around $4 million. The cost is less for the applicant if the MCWD participates because the MCWD will pay for the majority of the cost of shared systems. Minnehaha Creek Watershed District Proposal: The MCWD off-site stormwater pond proposal is not included in the attached redevelopment plans, and is not a condition of approval. If the MCWD is successful in designing a regional stormwater pond, and if all necessary parties and property owners agree to this plan, then the Knollwood Mall PUD would be amended to replace the on-site stormwater plan explained above with the MCWD proposal. This amendment would be a major amendment, and would be reviewed by the Planning Commission prior to City Council consideration. The MCWD will continue working on a regional stormwater plan for the Knollwood area, which includes approximately 125 acres of residential and commercial land outside of the Knollwood City Council Meeting of September 16, 2013 (Item No. 8a) Page 5 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) Mall property that is not currently being treated prior to being discharged into the Minnehaha Creek. MCWD has funded and drafted a concept for a sub-area stormwater management plan. Rouse Properties and the City support this planning effort. The plan proposes a regional pond located along the Minnehaha Creek. This plan, however, is complex, and will take some time to complete. Therefore, the on-site plan summarized above has been incorporated in the redevelopment proposal and will be implemented should the MCWD off-site stormwater pond be found to be unviable. Special Conditions for Shopping Centers over 200,000 sf: Shopping Centers over 200,000 sf gross floor area are subject to the following conditions above and beyond standard zoning regulations: 1. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. This requirement is met. Access to the property is provided from the following roads: • State Hwy 7 – Principal Arterial • Aquila Ave – Major Collector • 36th Street – Major Collector • Texas Ave – Major Collector 2. All buildings and structures shall be set back a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. This condition is met. The mall is setback 169 feet from the closest residential property. The closest point is Cub Foods to the single family homes on the north side of 36th Street. 3. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. 4. The shopping center must comply with the plan by neighborhood policies of the comprehensive plan for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. Items three and four above are met. The mall is in conformance with the Comprehensive Plan, and the proposal will improve pedestrian movements from the public streets to the mall. 5. New in-vehicle sales or service shall only be permitted when it can be demonstrated that their operation will not have a significant adverse effect on the internal circulation of the PUD and the level of service of nearby street and intersections and must comply with the following conditions: 1. Drive through facilities and stacking areas shall not be located within 100 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, City Council Meeting of September 16, 2013 (Item No. 8a) Page 6 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) and community centers, unless the entire facility and stacking areas are separated from said parcel by a building wall. 2. Stacking shall be provided for a minimum of six cars per customer service point. 3. Stacking shall be prohibited on public streets, in fire lanes, and in areas that interfere with on-site vehicular and pedestrian circulation. A drive through is proposed for a Panera to be located in the new building to be constructed near Highway 7/Aquila intersection. The drive aisle is sized for 6 vehicles with stacking starting at the menu board. The drive through meets this requirement. d. Outdoor sales/display, other than temporary outdoor sales in conformance with section 36- 82(b)(5), shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the PUD site design and must comply with the conditions set forth in subsection (c)(15) of this section, and additional conditions. This condition is met. The mall is not proposing to have tenants that will utilize outdoor sales or display. The garden center that typically locates near the corner of Highway 7 and Texas Ave is considered a temporary outdoor sales area, and is therefore, exempt from this requirement. e. All stores that provide shopping carts must include interior and exterior cart storage areas. Areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal cart corrals. Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. This condition is met. Cub Foods has cart storage areas defined with concrete curbs. f. Shopping centers constructed after adoption of the ordinance from which chapter is derived shall reserve at least ten percent of required parking spaces as landscaped open space for a minimum of two years after issuance of the certificate of occupancy. At any time during the first two years or thereafter, such proof of parking open space shall be converted to parking if the zoning administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. After two years, the proof of parking open space may be converted to parking if deemed necessary by the property owners or tenants. This requirement may be waived by the city council if open space in excess of minimum requirements is provided in other areas of the site. This condition does not apply. It qualifies for the exception since the mall was constructed before this ordinance was created. g. Cumulative parking requirements may be reduced up to 30 percent of required spaces at the sole discretion of the city council if one or more of the following are provided: 1. Proof of parking areas in excess of minimum required to be set aside as open space. 2. Agreement to construct parking ramps or other means of satisfying parking requirements when and if warranted as determined by the city zoning administrator based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. 3. Joint parking/shared parking arrangements between uses. 4. Off-site employee parking, employee car/van pooling, and/or provision of employee transit passes. City Council Meeting of September 16, 2013 (Item No. 8a) Page 7 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) 5. Superior transit, pedestrian, and/or bicycle access and bicycle parking. This condition does not apply. The proposal meets the minimum parking spaces required, so a 30% reduction is not requested. h. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. This condition is met. All trash areas will be located either inside the building or within an area that is screen from outside views by a masonry wall consisting of the same exterior facing materials as the principal building. i. Single-use buildings over 10,000 square feet and multiple-use buildings over 15,000 square feet that are constructed after adoption of this chapter must utilize a landscaped screening area (to adjacent residential) that is a minimum of 40 feet in width in order to satisfy this requirement. Such screening must include a minimum five-foot-tall berm along its entire length, a double row of evergreen trees that are each a minimum of eight feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. This condition does not apply. The mall is not directly adjacent to residential, and it qualifies for the exception since the mall was constructed before this ordinance was created. j. Buildings constructed after adoption of the ordinance from which this chapter is derived must utilize at least 60 percent brick, marble, granite or other natural stone on each building face and no more than ten percent class III materials on any building face that is visible from public areas within the PUD or from off-site. This condition is met. The standard stated above is the same standard as is required by the zoning ordinance. The Kohls and Cub Foods buildings are nearly entirely made of brick. The proposed remodel will be made of a variety of materials such as brick, stone, glass, stucco and EFIS. Each elevation will have a minimum of 60% class 1 as required by code. k. Shopping centers constructed after adoption of the ordinance from which this chapter is derived must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. This condition is met. The use of architectural elements and materials is consistent throughout the project, including the small retail building. l. Buildings constructed after adoption of the ordinance from which this chapter is derived and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1. If the 3:1 ratio is used, each building wall deviation must be a minimum depth of two feet. If a 2:1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to one foot. This condition is met, and will be verified when building permits are submitted for individual tenants. The south face of the building will exceed the 3:1 ratio, and therefore, will require breaks in the wall in accordance to the 3:1 ratio. The breaks will consist of 2 foot minimum columns and breaks integrated into the retail facades. Since the retailers are not yet identified, and the size of the stores may vary, staff will review the 3:1 ratio at the time the building permits are submitted. City Council Meeting of September 16, 2013 (Item No. 8a) Page 8 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) m. Buildings constructed after adoption of the ordinance from which this chapter is derived and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view and must paint rooftop equipment to match the color of the roof in order to minimize the visual impact as viewed from other buildings. This condition is met, and will be verified when the building permits are submitted for individual retailers. n. Shopping centers constructed after adoption of the ordinance from which this chapter is derived must include sidewalks along all public street right-of-ways as deemed appropriate and on-site pedestrian connections that are separated from parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. This condition is met. The sidewalk requirements stated above are also required by the general commercial standards of the zoning ordinance, notwithstanding the exception noted above. o. Shopping centers constructed after adoption of the ordinance from which this chapter is derived must provide either outdoor or indoor public plazas. Public plazas must have a minimum size of ten percent of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall food courts are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in subsection (e)(14) of this section. This condition is met. Plazas and landscaped pedestrian walkways have been integrated into the parking lot and sidewalks along the mall. This condition also meets the PUD regulations found in Section 36-367 that state the PUD must demonstrate superior design, including recreational, public and open spaces, than is otherwise required by conventional development procedures. p. A development agreement is required as part of the final PUD approval and shall address at a minimum: approved site and building design criteria, approved sign locations and design criteria, construction phasing, bonding or other financial surety for construction of on and off-site improvements generated by the development, and maintenance. This condition is included in the conditions of approval recommended by staff. The terms of the PUD agreement are still being discussed. It is typical that the agreement is not finalized until after Council approval. q. The shopping center shall comply with all other applicable provisions of this chapter unless specifically modified by the conditions listed in subsections (e)(1) through (e)(16) of this section or by approval of a final PUD plan and development agreement. The shopping center complies with this condition. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution approving the Major Amendment to the Knollwood Mall PUD. City Council Meeting of September 16, 2013 (Item No. 8a) Page 9 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) RESOLUTION NO. 13-____ Amends and Restates Resolution 04-054 Rescinds Resolutions 01-151, 00-012, 99-125 and 98-103 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-054 ADOPTED ON APRIL 19, 2004 GRANTING AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT FOR A SHOPPING CENTER OVER 200,000 SQUARE FEET WITH A GROCERY STORE UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 8332 STATE HIGHWAY NO. 7 WHEREAS, Rouse Properties has made application to the City Council for a major Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to replace the interior mall with retail space and parking, reconfigure existing parking, and construct a new retail building in the southwest corner of the property at 8332 State Highway No. 7 within a C-2 General Commercial Zoning District having the following legal description: See Attached Legal Description – Exhibit A WHEREAS, the City Council has considered the information related to Planning Case No. 13-28-PUD and the effect of the proposed redevelopment on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive plan; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 99-125 of the St. Louis Park City Council dated November 1, 1999 which contained conditions applicable to said property; and WHEREAS, Resolution No. 99-125 was rescinded and a Planned Unit Development (PUD) was approved regarding the subject property pursuant to Resolution No. 00-012 of the St. Louis Park City Council dated February 7, 2000 which contained conditions applicable to said property; and WHEREAS, Resolution No. 00-012 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 01- 151 of the St. Louis Park City Council dated December 17, 2001 which contained conditions applicable to said property; and WHEREAS, Resolution No. 01-151 was rescinded and a Planned Unit Development (PUD) Amendment was approved regarding the subject property pursuant to Resolution No. 04- 054 of the St. Louis Park City Council dated April 19, 2004 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and City Council Meeting of September 16, 2013 (Item No. 8a) Page 10 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 04-054, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case File 13-28-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 04-054 is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above for a shopping center over 200,000 square feet with a grocery store based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with City Code and the approved Official Exhibit A, Existing Conditions-Site Plan. (Amended by Condition 2 on December 17, 2001, and Condition 3 on April 19, 2004). 2. The PUD shall be amended on December 17, 2001 to allow certain façade changes and additional entrances on the south side in accordance with Exhibit B/C- Site Plan and elevations stamped as received November 27, 2001, and the following conditions. a. All food service facilities shall be as approved by the Inspections Department. b. No outdoor sales or storage is allowed (other than temporary sales in accordance with Code provisions). Temporary permits for outdoor sales shall be issued only as the Zoning Administrator determines that adequate parking remains for the rest of the mall. c. By February 7, 2005, all landscaped areas including parking islands shall have automatic irrigation. d. Developer shall work with staff to provide evergreen plantings along Aquila Avenue if possible. e. All building facades must maintain true cement stucco at the pedestrian level as approved by the Zoning Administrator. f. All existing and proposed stucco and EIFS must be painted to match Kohl’s and Old Navy. g. Fire lanes shall be provided as required by the Fire Marshall. h. Prior to any site work related to the façade changes and additional entrances per December 17, 2001 amendment, the applicant shall obtain a building permit, which may impose additional requirements. i. Prior to installation of any new signs, the applicant shall obtain sign permits, which may impose additional restrictions. 3. The Planned Unit Development shall be amended on April 19, 2004 to eliminate the previous theater approvals, approve modifications to the interior floor plan and exterior enhancements to the existing building, and to incorporate all of the other preceding conditions and add the following conditions: City Council Meeting of September 16, 2013 (Item No. 8a) Page 11 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) a. The site shall be developed, used and maintained in accordance with the approved Official Exhibits A1, Site Survey, B1, Existing Site Plan, C1 & 2, Exterior Elevations, D1, Landscape Plan as modified prior to signing to meet required conditions of this approval, documents incorporated by reference herein. b. Prior to issuance of any building permits for interior floor plan modifications or exterior enhancements, which may impose additional requirements, the developer shall comply with the following: i. Meet all Inspection Department/Utility requirements as recommended by staff. ii. Meet any Fire Department emergency access requirements for during construction. iii. Building materials samples/colors shall be submitted to and approved by the Zoning Administrator. iv. An irrigation plan meeting the ordinance regulations shall be submitted to and approved by the Zoning Administrator. v. Revised site lighting plan/photometric shall be submitted to and approved by the Zoning Administrator. vi. Developer/Owner must sign the Assent Form and approved official Exhibits. c. The developer shall comply with the following conditions during construction: i All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. ii. Loud equipment shall be kept as far as possible from residences at all times. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iv. Public streets shall be maintained free of dirt and shall be cleaned as necessary. v. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d. Prior to issuance of a new Certificate of Occupancy or Registration of Land Use for the portion of the Mall proposed for the fitness center or relocated/expanded TJ Maxx, (which may be approved for other retail) the developer shall comply with the following: i. On-site lighting, other than the transit lighting, must be brought into compliance with City requirements. ii. Parking area improvements must be completed in accordance with the signed Official Exhibits. iii. Fire lanes shall be in accordance with the signed Official Exhibits. iv. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irrigation plan except that a temporary C of O can be issued prior to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. City Council Meeting of September 16, 2013 (Item No. 8a) Page 12 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) v. Exterior building improvements shall be complicated in accordance with the signed Official Exhibits and approved materials and colors. e. Prior to issuance of any Certificate of Occupancy or Registration of Land use for additional tenants or tenant changes along the north building façade, that portion of the north building façade must be brought into full compliance with the City’s architectural requirements. Any new entry or any exterior building changes to the north façade must also be in full compliance with the City’s Architectural Code. f. On-site storm water management must be brought into compliance with City standards when any future projects affect the parking lot or with any future building expansions. g. Prior to the installation of any new signs, including temporary signs or new sign faces, the applicant shall obtain sign permits, which shall comply with ordinance requirements unless variances are obtained. 4. The Planned Unit Development shall be amended on September 16, 2013 to remove the interior mall, and replace it with large retail spaces and additional parking, to construct a retail building in the southwest corner of the property and to incorporate all of the preceding conditions except condition 3f which is to be replaced by the provisions of condition 4g herein, and add the following conditions: a. The site shall be developed, used and maintained in conformance with the Official Exhibits. The improvements proposed in the Official Exhibits approved on September 16, 2013 shall supersede previously approved exhibits to the extent shown on the new exhibits. b. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District (MCWD). c. A sidewalk shall be installed within the public right-of-way along the south side of 36th Street. d. The drive through facility located at the proposed retail building in the southwest corner of the site shall maintain vehicle stacking of at least six vehicles. The Knollwood Mall property owner shall be required to make necessary changes to the drive through and parking lot if the stacking resulting from the drive through interferes with mall traffic in the parking lot. e. The site shall meet all fire lane requirements. f. A minimum of 206 bicycle parking spaces shall be installed. g. Prior to issuing the building permit, the following conditions shall be met: i. Property owner shall sign the assent form and all official exhibits. ii. Property owner shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping, sidewalks, parking lot improvements and the repair/cleaning of public streets and utilities. iii. Approval by the city engineer of a stormwater management plan submitted in accordance with City Code Sec. 12-158 meeting the city standard that discharge from the 37-acre site resulting from a 100 year storm event be held on site and released no greater than the 10-year storm event rate. iv. Execute a PUD development agreement which shall include, at the minimum, the following: City Council Meeting of September 16, 2013 (Item No. 8a) Page 13 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) (1) A description of the improvements necessary to the site to implement the approved storm water management plan, which improvements may be done in two phases, with the first phase being the installation of a dry pond in the northwest corner of the site as shown on the grading plan and final completion of all improvements necessary to bring the site into full compliance by October 1, 2017; (2) Plans for the sidewalk to be installed along 36th Street. (3) Description of all approved site improvements. v. Provide a financial guaranty in the form of a letter of credit, in a form acceptable to the city attorney, or cash escrow in the amount of 110 percent of the cost to install the future storm water improvements provided for in the approved storm water management plan which are necessary to bring the 37- acre site into compliance. vi. A City and MCWD erosion control permit shall be issued. h. The applicant shall comply with the following conditions during construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 8:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. i. All new utilities shall be buried. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Reviewed for Administration: Adopted by the City Council September 16, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of September 16, 2013 (Item No. 8a) Page 14 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) EXHIBIT A PARCEL 1: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, which lies North of State Trunk Highway No. 7 and East of the following described line: Beginning at the Northwest corner of said South Half of the Southeast Quarter: thence South along the West line of said South Half of the Southeast Quarter 87.45 feet; thence deflecting to the left 71 degrees 01 minutes 30 seconds and running Southeasterly 325.2 feet; thence deflecting to the right 50 degrees 47 minutes 30 seconds and running Southeasterly 262.1 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point on the Northerly right-of-way l ine of State Trunk Highway No. 7; excepting therefrom the following 5 parcels: 1. That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line of the said South Half of the Southeast Quarter 783 feet; thence South parallel with the East line of said South Half of the Southeast Quarter 499.55 feet; thence East parallel with the North line of said South Half of the Southeast Quarter 783 feet, more or less, to a point in the East line of said South Half of the Southeast Quarter; thence North along said East line 499.55 feet more or less to the point of beginning. 2. The right-of-way of Texas Avenue; 3. That part of said South Half of the Southeast Quarter described as follows: Beginning at the Northwest corner of said South Half of the Southeast Quarter; thence running East along the North line of said South Half of the Southeast Quarter 316.82 feet, more or less, to the Northwest corner of the East seven-eighths of said South Half of the Southeast Quarter, said Northwest corner being the actual point of beginning of the tract of land to be described; thence running South at right angles 192.92 feet; thence deflecting to the left 21 degrees 57 minutes and running Southeasterly 252.36 feet; thence deflecting to the left 27 degrees 12 minutes and running Southeasterly 954.12 feet, more or less, to a point in the Northerly right-of-way line of State Trunk Highway No. 7; thence deflecting to the left 52 degrees 55 minutes 30 seconds and running Northeasterly along said right-of-way line 37.6 feet; thence deflecting to the left 127 degrees 04 minutes 30 minutes and running Northwesterly 967.5 feet; thence deflecting to the right 27 degrees 12 minutes and running Northwesterly 239.28 feet; thence deflecting to the right 21 degrees 57 minutes and running Northerly 187.1 feet, more or less to a point in the North line of said South Half of the Southeast Quarter, which point is 30 feet East of the actual point of beginning as measured along said North line; thence running West along said North line to the actual point of beginning; 4. That part of South Half of the Southeast Quarter described as follows: Commencing at the Northwest corner of said South Half of the Southeast Quarter; thence South 87.45 feet; thence deflecting to the left 71 degrees 00 minutes 30 seconds a distance of 325.2 feet; thence North parallel to the West line of said Southeast Quarter to the North line of said South Half of the Southeast Quarter; thence West along the North line of said South Half of the Southeast Quarter to the point of beginning less the following: Commencing at a point 30 feet Southerly City Council Meeting of September 16, 2013 (Item No. 8a) Page 15 Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD) along the quarter line from the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota, which will be called the point of beginning: thence 20 feet Southerly along the quarter line; thence 120.00 feet Easterly along a line paralleling the North line of the Southwest Quarter of the Southeast Quarter to a point of curvature of a 31 degrees 53 minutes 24 seconds curve to the right to its intersection with the Western right-of-way line of Aquila Avenue; thence Northerly along the right-of-way line to a point 30 feet South of the North line of the Southwest Quarter of the Southeast Quarter, thence Westerly along the Southerly right-of-way line of West 36th Street to the point of beginning. 5. That part of the said South Half of the Southeast Quarter described as follows: Commencing at the Northeasterly corner of said South Half of the Southeast Quarter; thence Westerly along the Northerly line of said South Half of the Southeast Quarter a distance of 783.00 feet; thence Southerly, parallel with the Easterly line of said South Half of the Southeast Quarter, a distance of 499.55 feet; thence Easterly, parallel with said Northerly line, a distance of 736.99 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line, and the point of beginning of the land to be described; thence continuing Easterly along the last described course a distance of 13.00 feet to the intersection with a line 33.00 feet Westerly of as measured at right angles to and parallel with said Easterly line; thence Southerly parallel with said Easterly line a distance of 155.00 feet to the Northerly right of way line of State Trunk Highway No. 7; thence Southwesterly along said Northwesterly right-of-way line a distance of 20.40 feet to the intersection with a line 46.00 feet Westerly of, as measured at right angles to and parallel with said Easterly line; thence Northerly, parallel with said Easterly line, a distance of 171.01 feet to the point of beginning; according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. PARCEL 2: That part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian described as follows: Beginning at a point which is the intersection of the West line of Texas Avenue in the Village of St. Louis Park, MN and the North line of said South Half of said Southeast Quarter ; thence South along the West line of said Texas Avenue a distance of 499.55 feet; thence West and parallel with said North line of said South Half of said Southeast Quarter a distance of 750 feet; thence North to a point on the North line of said Texas Avenue; thence East along the North line of said South Half of said Southeast Quarter a distance of 750 feet to the point of beginning, except the North 30 feet thereof, also save and except the West 13.00 feet of the East 46.00 feet of the North 499.55 feet of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West of the 5th P.M., except the North 30.00 feet thereof. According to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Abstract PARCEL 3: Lots 1 and 2, Block 1; Knollwood Mall 1st Addition, Hennepin County, Minnesota Torrens KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 Developer: Architect: Civil Engineer: Landscape Architect: City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 16 KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 NarrativePageͳ PROJECT NARRATIVE Rouse Properties is the Owner / Operator of Knollwood Mall. The Landlord’s goal is to continually improve the overall quality of the Shopping Center and meet the demands of the retail community and the local customer base. Therefore, a reconfiguration and enhancement is necessary to re-energize the retail property and to better serve the shopping and dining needs of the St. Louis Park trade area. It is necessary to invest capital into the mall building and site to reposition the retail property in the community. The mall must be made more relevant to attract new and retain existing national and preferred retailers and restaurants. Upgrading and updating the shopping environment will increase customer traffic which is key to the future success of the asset. The improvements should foster an increase in mall occupancy and contribute to increased sales volumes among the mall’s current and future retailers and restaurants, thus improving the financial performance of the mall and tenants. Rouse and the design teams have worked to deliver a plan that we believe addresses most aspects of the PUD requirements and the comments provided by the Community Development Dept. In addition, the team has collaborated with the Minnehaha Creek Watershed District (MCWD) to identify design solutions and incorporate feasible water management systems into the project, with the intent to enter into a partnership arrangement for the funding and execution of the work. The proposed scope of work for the Knollwood Mall enhancements includes (i) the addition of a freestanding retail outparcel building of approximately 11,500 s.f., (ii) the demolition of approximately 92,500 s.f of existing mall shop GLA, (iii) the construction of approximately 25,000 s.f. of new junior box retail spaces, (iv) the renovation of approximately 71,400 s.f. of existing mall shop GLA, (iv) the construction of parking area to infill the area previously occupied by a portion of the mall shop retail area. These improvements result in a net decrease of approximately 15,250 s.f. of retail GLA and a net increase of 50 on-site parking spaces, resulting in an improved parking ratio from 4.63/1000 s.f. GLA to 4.67/1000 s.f. of GLA. We strongly believe that the proposed improvements will benefit all of the remaining and proposed tenants at the Shopping Center by enhancing the overall quality of the Knollwood Mall and increasing its attractiveness as a shopping destination. Construction sequence is anticipated to begin with the renovation of existing vacant space adjacent to the existing Old Navy retail store. Once completed, Applebee’s will move from the enclosed mall to this newly prepared space. Concurrently, site preparation and building construction for the freestanding outparcel building will begin. Upon completion, Panera’s will relocate from the enclosed mall, thus allowing for the start of demolition and reconstruction of the Shopping center. Tenants within the mall that will remain will operate during construction and an access and construction sequence plan will be established with Mall Ownership and the selected construction company. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 17 KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 NarrativePageʹ The commercial property value of the mall will increase with the physical improvements to the property and expected increases in sales volumes of the mall tenants. This increase in mall property value is expected to increase values of surrounding properties. INFORMAL DESIGN SUBMITTAL Since February of 2013, Rouse and the design team have been sharing site information and schematic redevelopment plans with the city and MCWD in a collaborative design process. Rouse and the design team also participated in numerous working meetings with the city and MCWD which resulted in the below informal submittal to the city on April 19, 2013: x Site Plan x Landscape Concept Plan x Storm Water Concept Plan: Underground Infiltration x Storm Water Concept Plan: Open Pond x Exterior Elevations x Boring Reference Maps & Boring Logs x Conceptual Renderings x Existing Stormwater Conditions (map) FORMAL PUD AMENDMENT SUBMITTAL The following documents constitute the formal PUD amendment submittal: NARRATIVE REPORTS: o Phase 1 Environmental Assessment (reference submittal via Braun FTP site, May 10, 2013) o Traffic Review of Knollwood Mall Revision, Technical Memorandum, Spack Consulting, April 1, 2013 DRAWINGS: o Land Title Survey (ALTA/ACSM)(4 sheets) o A.SP.10.01 Site Plan o A.SP.10.02 Photometric Plan o A.01.20.01 Exterior Elevations o A.01.20.02 Exterior Elevations o C0.0 Civil Notes, Legend, & Abbreviations o C1.0 Demolition, Protections, Traffic Control, and Erosion Control Plan o C1.1 Storm Water Pollution Prevention Plan (SWPPP) & Erosion Control Details o C2.1 Layout & Surfacing Plan (North) City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 18 KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 NarrativePage͵ o C2.2 Layout & Surfacing Plan (South) o C3.1 Grading Plan (North) o C3.2 Grading Plan (South) o C4.1 Utility Plan (North) o C4.2 Utility Plan (South) o C5.0 Details & Sections o L1.0 Landscape Plan : Overall Area o L2.0 Landscape Area Plans o L2.1 Landscape Area Plans o L2.2 Landscape Area Plans And Planting Details CALCULATIONS o 10-year Storm Water Pipe Sizing Calculations SITE IMPROVEMENTS & LANDSCAPE The general layout of the concept plan is maintained, however, the out-building has been reconfigured to reduce the site impact area adjacent to the out-building, in order to honor tenant lease agreements. The proposed Knollwood Mall site improvements enhance the aesthetic experience and safety for the mall user. The new site plan clarifies and separates both pedestrian and vehicular circulation. Pedestrians have been given newer, safer ways to access the core of the mall both on the south from Aquila and Highway 7 and on the north from 36th Street. These new pedestrian ways are grade separated, signed and landscaped to ensure a more comfortable route to the mall. In addition the parking configuration has been designed with a clear loop circulation defined by landscape islands. These islands define the circulation path and parking “rooms” with trees and berms that will eventually will help shade some of the hard surface parking areas. To further enhance the mall experience pedestrian plazas are planned outside of the new buildings. The plazas activate exterior spaces and uses of mall tenants by providing an aesthetic armature that ties the mall uses together. These plazas have enhanced paving patterns, raised landscape beds, planters, benches, seat-walls and sculpture. The plan has incorporated over 100 trees, 600 shrubs and lawn areas that will be irrigated to ensure a lush “green” environment well into the future. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 19 KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 NarrativePageͶ ARCHITECTURE This reimaging of Knollwood Mall splits an existing interior mall concourse to create new outward facing retail. The architectural style of the new outward facing retail is intended to complement the existing outward facing mall architecture, and bring a new pedestrian oriented outdoor approach to the center. Existing corner retail frames new landscaped walkways and an exciting new tenant mix. Quality materials ensure this renovation’s long lasting aesthetic impact to Knollwood Mall and the surrounding community. PARKING Reduction of Mall GLA will provide additional parking spaces and increase the parking ratio for the entire site. New parking fields will be located in front of the new outparcel building providing direct and safe access to those tenant spaces. Steps have been taken to reorient the added parking to maximize the safety, flow, and efficiency of the area affected. Existing parking for the entire mall site is approximately 2,228 spaces for the ± 481,700 s.f. of GLA. After the completion, the new site will provide approximately 2,175 parking spaces for the ± 646,255 s.f. of GLA. Per the current zoning codes for the City as outlined under Article V - Table 36-361a, post renovation parking required is 2,076 spaces. Therefore, the proposed site plan provides ±100 spaces more than code required. If a dry basin is ultimately implemented as described in the Storm Water section below, approximately 100 stalls would be eliminated in the extreme northwest corner of the site. This is not anticipated to be problematic due to the excess parking stalls on the project after the proposed redevelopment and since these stalls are located over 300 feet from the nearest store frontage. In addition, these stalls would be reestablished after the whole mall solution was implemented in the future. TRAFFIC A traffic review was completed for the proposed project by Spack Consulting, dated April 1, 2013 (attached). The report concluded that the project will have negligible impact on the area transportation system and that no improvements are necessary to accommodate the renovation plan. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 20 KNOLLWOOD MALL REDEVELOPMENT FORMAL PUD AMENDMENT SUBMITTAL JULY 1, 2013 NarrativePageͷ STORM WATER Off-site Storm Water Solution An April 9, 2013 letter from the MCWD to the mall encouraged exploration of partnership opportunities with the mall for storm water management, redevelopment, and broader goals of the community. In a June 8 email from MCWD to city and mall, MCWD clarified that the mall redevelopment may proceed with “no major storm water infrastructure, in favor of spending an extended period of time collaboratively studying area wide solutions off-site.” On-site Storm Water Solution An iterative process of working with the city and MCWD resulted in a June 5, 2013 letter from the MCWD outlining a proposed plan to satisfy rate control and water quality standards for the whole mall property. In addition, the plan treats substantial areas of regional city runoff from off-site. Dry Basin – Potential Phase 1 of On-site Solution (if needed) Should an on-site solution become necessary, a preferred first phase for the mall would be a dry basin as outlined in various communications to the city and MCWD. It is a relatively inexpensive first phase to help defray initial mall capitol expenses and delivers part of the storm water rate and treatment benefits sought by the city and MCWD. It also preserves the mall's discretion for retaining the basin or converting to an entirely mechanical system in the future. Reduced Impervious Surface The redevelopment construction impact area is 7.4 acres. Within this area, the existing impervious is 6.9 acres and the proposed impervious is 6.5 acres for a reduction of 0.4 acres. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 21 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 22 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 23 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 24 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 25 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 26 1.888.232.5512 PO Box 16269, St. Louis Park, MN 55416 www.SpackConsulting.com  Technical Memorandum To:Jim Tiggelaar, P.E., LHB From:Mike Spack,P.E.,P.T.O.E. Date:April 1, 2013 Re:Traffic Review of Knollwood Mall Revision –St. Louis Park, MN Rouse Properties is proposing to renovate Knollwood Mall, which is located north of Highway 7 and east of Blake Road in St. Louis Park, MN.Approximately 90,000 square feet in the center of the mall will be demolished and rebuilt as a 25,000 square foot retail area and parking lot. An approximately 14,000 square foot outbuilding will also be added to the southwest portion of the site. The Panera Bread Bakery inside the mall will relocate to approximately 6,000 square feet of the new outbuilding. The remaining spaces will have a mix of typical shopping mall tenants. No changes to the existing mall access are planned as part of the renovation.This memorandum documents the potential traffic impact of the renovation. Traffic Generation A trip generation analysis was performed for the proposed site based on the methods and average rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual,9th Edition. The ITE Trip Generation Manual is a compilation of traffic data from existing developments throughout the United States. The results of the analysis are shown in Table 1. Table 1 –Vehicles Entering/Exiting ITE Land Use Code Description Daily Trips AM Peak Hour PM Peak Hour In Out In Out In Out 710 Net Change Expected from 51,000 square foot reduction in Shopping Center -1,089 -1,089 -30 -19 -91 -98 The Institute of Transportation Engineers’Transportation Impact Analyses for Site Development report recommends a detailed traffic impact study be done for developments generating 100 or more new trips in a peak hour. That is the threshold where development traffic may adversely impact the transportation system and intersection operations should be analyzed. Although the calculations show a significant decrease in traffic because the amount of square footage is being decreased,the decrease might not be as large as the amount shown in Table 1 because Knollwood Mall is not operating at full capacity. It is reasonable to assume however that removing 90,000 square feet of the mall and replacing it with 39,000 square feet of higher quality space will not result in Knollwood Mall generating more than 100 new peak hour trips.Therefore, a traffic impact study analyzing nearby intersection operations is not warranted for the proposed renovation. Conclusions/Recommendations The Knollwood Mall renovation will have negligible impact on the area transportation system and no improvements are necessary to accommodate the renovation plan. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 27 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 28 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 29 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 30 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 31 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 32 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 33 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 34 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 35 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 36 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 37 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 38 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 39 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 40 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 41 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 42 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 43 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 44 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 45 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 46 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 47 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 48 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 49 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 50 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 51 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 52 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 53 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 54 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 55 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 56 City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 57 D R A F T EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA AUGUST 21, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Charlie Dixon (youth member) MEMBERS ABSENT: Robert Kramer, Larry Shapiro STAFF PRESENT: Ryan Kelley, Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of July 17, 2013 and August 7, 2013 Commissioner Morris moved approval of the minutes of July 17, 2013 and August 7, 2013. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 3-1 (Carper abstained; Person arrived 6:02 p.m.) 3. Public Hearings B. Knollwood Mall - PUD Major Amendment Location: 8332 Highway 7 Applicant: Rouse Properties Case No.: 13-28-PUD Gary Morrison, Assistant Zoning Administrator, presented the staff report. The request for a major amendment to the existing Planned Unit Development is to reconstruct a portion of the mall, construct a new free standing commercial building, reconstruct a section of the parking lot, and stormwater improvements. Mr. Morrison spoke about stormwater requirements. He said there is a condition in the existing PUD approval that requires that stormwater be brought up to code for the site with future improvements affecting parking lot and construction. The Minnehaha Creek Watershed District (MCWD) has proposed an opportunity to expand on Knollwood’s stormwater obligations to convert it from a stormwater area that treats Knollwood ponding, but also becomes more of a regional facility. Mr. Morrison said while that is being pursued staff has asked the applicant to put together a fallback position. If the off- site solution does not work, the city would need to see something that works on-site. The City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 58 fallback position would be approved as part of the current proposal. He reviewed two proposed phases. Chair Robertson noted that the Commission has had an opportunity to discuss the proposal at a study session. Commissioner Johnston-Madison asked for clarification about new docking stations. She also asked about trees which will be removed for sidewalk on 36th St. She asked that neighborhood leaders be notified about that tree removal. Mr. Morrison spoke about the descending grade change at 36th Street. He added that section of sidewalk has been a point of discussion in the Sidewalk and Trail Plan for over a year. Commissioner Morris asked if snow is removed or stored on site. Mr. Morrison responded it is both removed and stored on site. He said there will still be room for on-site storage with the new construction. Commissioner Morris commented that 36th St. is a one lane street that is extraordinarily wide. He asked if the sidewalk could be widened by two feet. Mr. Morrison said staff could discuss that with the Engineering Dept. Commissioner Carper asked if there were discussions about increasing permeable surface and LED lighting. Mr. Morrison stated that the proposal decreases the impervious surface, primarily with the landscaped islands. He said discussion about LED lighting has not occurred. He said if an applicant can’t manage the landscaping on site there may be conversations about lighting. He added if a property is subject to TIF or other municipal funds the city will have some lighting requirements. Commissioner Carper asked about transit from the proposed Blake Rd. LRT station to the mall. Mr. Morrison said pedestrian connections from Hwy. 7 to Knollwood will be improved. He said there have been conversations about circular shuttle routes. Kevin Connell, Rouse Properties, applicant, discussed the proposal. Commissioner Carper presented personal recommendations to the applicant. These included monuments or kiosks adjacent to the sidewalks with the ability for changeable community displays; sculptural elements on plazas in addition to the primary public City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 59 sculpture; LED lighting; food trucks; and shuttle transport to/from the Blake Rd. LRT station. Commissioner Person asked about the City’s public art requirements for a site this size. Mr. Morrison said the requirement is broader than art and includes landscaping, plazas, and pedestrian walkways. Art is considered a physical improvement that occurs within those areas. There isn’t a requirement for a certain value or certain number of pieces of art. The city asked for an art element to cap the physical improvements and the applicant has obliged. Chair Robertson opened the public hearing. Daniel O’Bresky, Subway Restaurant, 8127 Hwy. 7. Knollwood Mall, stated that he is very excited about the project as the mall has needed some attention for awhile. He said he is glad to see the changes to the drive-thru on Panera. He said he is concerned about traffic lanes as the plaza and pedestrian areas will not be as easy to maneuver. He said getting from one side of the mall to the other side will be far more challenging. Mr. O’Bresky said he operates 18 restaurants in the Twin Cities and has a lot of experience with being a tenant in large projects. He suggested that smoothing out the traffic lanes will allow a better flow. He said the proposed turns and twists throughout the plan will lead to more accidents and pedestrian issues. He asked the developer to pay attention to that as plans move forward. Mr. O’Bresky stated that food trucks are a serious problem for the two downtown restaurants he operates. He said as St. Louis Park moves forward with addressing food trucks it needs to understand what is happening to restaurants. He said he has lost 10% volume to food trucks in downtown Minneapolis. He added that in his area of operations 5% of the restaurants have closed due to food trucks. Mr. O’Bresky spoke about the noise of food truck compressors, propane gas, and idling of trucks. He commented that food trucks aren’t paying property taxes. He spoke about sales tax and income tax reporting of food trucks. Commissioner Person spoke about traffic flow discussions which were held at the study session. He said the Commission was told that the future configuration would improve traffic flow throughout the mall. Chair Robertson stated that the flow is good up and through the site but traveling from Target to Cub it does not look smooth, so it is something to consider. Commissioner Morris said he recalled the Commission asking about the next stage east. The developer would look at the east configuration for smoothing out the parking as step two. The Chair closed the public hearing as there was no one else present wishing to speak. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 60 Chair Robertson said the comments on circulation were good and there would be opportunity for tweaking plans. He stated that the proposal should move forward. Commissioner Carper said the project looks excellent. He said he appreciated the study sessions on the proposal. Commissioner Morris made a motion to recommend approval of the Major Amendment to the Knollwood Mall Planned Unit Development (PUD) subject to conditions recommended by staff. Commissioner Carper seconded the motion, and the motion passed on a vote of 5-0. City Council Meeting of September 16, 2013 (Item No. 8a) Title: Major Amendment to Knollwood Mall Planned Unit Development (PUD)Page 61 Meeting: City Council Meeting Date: September 16, 2013 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) RECOMMENDED ACTION: Motion to Adopt Resolution approving the Preliminary/Final Plat of Auto Motion Carwash Addition, with conditions recommended by staff. POLICY CONSIDERATION: Is the proposed plat consistent with the Comprehensive Plan and the zoning and subdivision ordinance? SUMMARY: Requested is a combined preliminary and final plat to combine two properties into one. The subject properties are guided Commercial in the Comprehensive Plan, and zoned C-2 General Commercial. The proposed plat meets all City and County requirements, and staff is recommending approval. Council Action: At the July 15, 2013 City Council meeting, the Council noted that the property has a history of code violations. 3901 Excelsior Blvd is subject to a complaint filed in court by the City for displaying one vehicle that was for sale by the property owner’s dealership, known as Automotion. At the meeting, the City Attorney advised that any issue with the CUP would not be a basis for not approving the plat. (See attached meeting minutes) The Council tabled consideration pending staff’s review of compliance to the approved Conditional Use Permit (CUP) which does not allow vehicles to be displayed or stored for anticipated sale. Since the Council meeting, staff inspected the property five times, the first inspection was immediately after the July 15, 2013 City Council meeting. Staff did not find a vehicle on this site that is also listed for sale at any other location or website. Staff also did not find any violations to the approved CUP. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Draft Resolution July 15, 2013 City Council Minutes June 26, 2013 Planning Commission Minutes Preliminary/Final Plat Approved Development Plan (Elevations and Landscaping) Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of September 16, 2013 (Item No. 8b) Page 2 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) DISCUSSION BACKGROUND: Location: Description of Request: Requested is a Preliminary and Final Plat to combine two properties into one lot to be described as Lot 1, Block 1 of Auto Motion Carwash Addition. Location: The subject properties are 3901 Excelsior Blvd (former Mobile gas station) and 3921 Excelsior Blvd (parking lot located to the west of 3901 Excelsior Blvd). These properties are located at the southwest corner of Excelsior Boulevard and France Avenue. Background: The gas station property is part of Block 15 Mendoza Park, and includes a previously vacated right-of-way. The parking lot property is unplatted. City Council Meeting of September 16, 2013 (Item No. 8b) Page 3 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) Plat Analysis: If approved, the plat will combine the two existing properties into one lot to be described as Lot 1, Block 1 Auto Motion Carwash Addition. Property Size: Property Size (square feet) Lot 1 27,829 Right-of-Way 30,023 Total 57,852 Right-of-Way: Approximately 30,023 square feet of the property is encumbered by easements dedicated to the County for Excelsior Blvd and France Ave roadway and sidewalk purposes. These easements remain unchanged, and will continue to be in effect. Utility Easements: There are existing storm sewer and sanitary sewer utilities that run east/west across the property. Easements were recorded in 2011. The City Engineer has confirmed that these easements are correctly shown on the proposed plat. Landscaping Easements: Existing landscaping easements are included on the plat. The easements are required to preserve landscaping along Excelsior Boulevard installed as part of the Excelsior Boulevard streetscape. The easement at the corner includes the St. Louis Park monument sign. Sidewalks: Sidewalks exist along Excelsior Boulevard and France Avenue. Therefore no additional sidewalks are required. Park Dedication: The City collects park dedications for subdivisions. Since this is a combination, not a subdivision, park dedication is not required. Development Proposal: A Conditional Use Permit (CUP) was approved by the City in 2011 to remodel the existing gas station, add a carwash and bring the property into compliance with landscaping and architectural requirements. All site and performance requirements typically required by the plat and development were satisfied by the CUP. Plat Required: The proposed carwash will be attached to the existing building, but located on the parking lot parcel to the southwest of the gas station. Therefore, the two parcels have to be combined before construction can begin. A copy of the development plan is attached. City Council Meeting of September 16, 2013 (Item No. 8b) Page 4 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) PLANNING COMMISSION REVIEW: A public hearing was conducted at the Planning Commission on June 26, 2013. No comments were received. The Planning Commission recommended approval of the preliminary/final plat (5-0 vote). Minutes are attached. Recommendation: Approval of the Preliminary and Final Plat of Auto Motion Carwash Addition, subject to the following conditions: 1. The Final Plat will become void if not recorded at the County within six months of City Council approval. Applicant shall submit proof of recording the Final Plat to the City. 2. $5,000 security deposit is submitted to the City to ensure the following are completed: a. A signed mylar copy of the plat is submitted to the City. b. Iron monuments are installed marking the lot corners. City Council Meeting of September 16, 2013 (Item No. 8b) Page 5 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) Aerial Photo City Council Meeting of September 16, 2013 (Item No. 8b) Page 6 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) RESOLUTION NO. 13-____ RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF AUTO MOTION CARWASH ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Alberto Properties, LLP, owner and subdivider of the land proposed to be platted as Auto Motion Carwash Addition have submitted an application for approval of preliminary and 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 preliminary and 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: All that part of Northeast Quarter of Southeast Quarter of Section 6, Township 28, Range 24 described as follows to-wit; Commencing at the point of intersection of the center line of Excelsior Road with the centerline of France Avenue as said Road and Avenue are located and shown on the plat of MENDOZA PARK, thence running Southwesterly along said center line of said Excelsior Road to a point made by intersection of said center line of said Road and center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from Southwesterly line of said Block 15), extended Northwesterly to make said intersection with the center line of said Excelsior Road; thence running Southeasterly along said center line of said Evergreen Avenue until it intersects the center line of France Avenue; thence Northerly along the center line of France Avenue to the point of commencement. And That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24 described as follows: Commencing at a point made by the intersection of center line of Excelsior Road and the center line of Evergreen Avenue (said center line of said Evergreen Avenue shall be a line parallel with the Southwesterly line of Block 15, MENDOZA PARK and 40 feet Southerly, measured at right angles from the Southwesterly line of said Block 15) extended Westerly to make said intersection with the center line of said Excelsior Road, thence running Southeasterly along said center line said Evergreen Avenue until it intersects the center line of France Avenue; thence Southerly along the center line of France Avenue to a point made by the intersection of said center line of France Avenue with a line perpendicular to the center line of Excelsior Road and intersecting said center line of Excelsior Road at a point 315.5 feet Southwesterly City Council Meeting of September 16, 2013 (Item No. 8b) Page 7 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) from the point of intersection of said center line of Excelsior Road with the East line of said Section 6; thence Northwesterly to a point in the center line of Excelsior Road 315.5 feet Southwesterly from the intersection of said centerline of said Excelsior Road with the East line of said Section 6; thence Northeasterly along the center line of said Excelsior Road to the point of beginning. And That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, described as beginning at a point on the center line of Excelsior Boulevard, formerly Excelsior Road, distant 315.5 feet Southwesterly from the point of intersection of said centerline with the East line of said Section 6; thence South 41°40’58” West along said center line a distance of 52.90 feet; thence 48°19’02” East a distance of 223.10 feet; thence South 82°49’24” east a distance of 47.97 feet; thence South 89°53’47” East a distance of 30.00 feet to the center line of France Avenue; thence north 0°06’13” East along said center line a distance of 7.78 feet to the intersection with a line drawn perpendicular to the center line of Excelsior Boulevard through the point of beginning; thence northwesterly to the point of beginning. Conclusion The proposed preliminary and final plat of Auto Motion Carwash Addition 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: 1. The Final Plat will become void if not recorded at the County within six months of City Council approval. 2. $5,000 security deposit is submitted to the City to ensure the following are completed: a. A signed mylar copy of the plat is submitted to the City. b. Iron monuments are installed marking the lot corners. 3. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. 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 the City Council upon the said plat when all of the conditions set forth above and the St. Louis Park Ordinance Code have been fulfilled. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, 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. City Council Meeting of September 16, 2013 (Item No. 8b) Page 8 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council September 16, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of September 16, 2013 (Item No. 8b) Page 9 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) EXCERPT OF OFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 15, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Julia Ross. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Recreation Supervisor (Ms. Abernathy), and Recording Secretary (Ms. Hughes). 8b. Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.). Mr. Morrison presented the staff report and explained the property was recently approved for a CUP, rezoning, and variance to allow the remodeling of the existing gas station. He reviewed the conditions of approval for the CUP including the requirement that the properties be combined into one property. He stated the building placement will not change and the applicant will use the existing gas station and canopies with parking to remain along the north side. He advised that parking on the northwest and east side will be altered to make room for landscaping, driveways, and drive lanes for the car wash with access to the car wash on the east. He stated additional parking has been provided on the remaining south half of 3921 Excelsior Boulevard and the total property will consist of 57,852 square feet. He added the plat meets all conditions of the subdivision ordinance and includes all necessary easements. Councilmember Mavity requested further information about the conditions of approval as part of the CUP and asked if those conditions have been consistently met since approval in December 2011. Mr. Morrison advised the easements have been signed and recorded and there has been some discussion about the display of cars and overnight storage. He stated there is a complaint in process involving some of the applicant’s other properties, but this property is not part of that complaint. Councilmember Mavity asked if Council is constrained on whether it can approve the Preliminary/Final Plat if certain CUP conditions have not been met. Mr. Morrison stated the application before Council is for the Preliminary/Final Plat itself and not the CUP. City Council Meeting of September 16, 2013 (Item No. 8b) Page 10 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) Mr. Scott stated that Mr. Morrison’s statement was correct and any issue with the CUP would not be a basis for not approving the plat. He advised there is a process for revoking a CUP that involves a hearing and would be separate from the approval of the Preliminary/Final Plat. Councilmember Mavity stated there are conditions of approval in place and if those conditions have not been met then maybe that needs to occur first before moving forward with approval of the Preliminary/Final Plat. Mr. Scott stated if the City can establish that the CUP conditions are not being met the City could consider a process to initiate revocation of the CUP. He indicated he was not sure at this point that the City has sufficiently documented that the CUP conditions have not been met relating to this property, adding there is another property owned by the applicant that is subject to a current enforcement action. Councilmember Mavity requested that Council consider tabling action on the Preliminary/Final Plat pending further work by staff to explore the applicant’s compliance with the CUP. Mr. Morrison indicated the City previously extended the 60-day deadline and the deadline will expire on September 10, 2013. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to table action on the resolution approving the Preliminary/Final Plat until further information is presented by staff with respect to the previous CUP approvals. Councilmember Santa requested a friendly amendment requiring Council to take action on the Preliminary/Final Plat prior to the deadline on September 10, 2013. Councilmember Mavity agreed to the friendly amendment. Councilmember Sanger seconded the friendly amendment. The motion passed 6-0 (Councilmember Ross absent). City Council Meeting of September 16, 2013 (Item No. 8b) Page 11 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 26, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person MEMBERS ABSENT: Carl Robertson, Larry Shapiro STAFF PRESENT: Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Vice-Chair Morris called the meeting to order. 3. Public Hearings A. Preliminary and Final Plat – Auto Motion Carwash Addition Location: 3901 & 3921 Excelsior Blvd. Applicant: Alberto Properties, LLP Case No.: 13-23-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the purpose of the requested plat is to dedicate the right-of-way and to combine the two properties into one. In 2011 the property owner was granted a conditional use permit to remodel the existing gas station, add a carwash and bring the property into compliance with landscaping and architectural requirements. Commissioner Johnston-Madison said her concern is that developers have indicated interest in that property and the two houses going south, and the businesses from that point to Glenhurst. She asked if the current plat request makes it easier to apply for a redevelopment for that whole area? Mr. Morrison said that the plat itself doesn’t have an impact on the ability to assemble properties. He added that both properties were rezoned C-2 in 2011. Vice-Chair Morris asked about dedication of right-of-way. Mr. Morrison said the easements already exist and the County has said it doesn’t need any additional land other than what it already controls there. Vice-Chair Morris opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Carper noted that the request has come to the Commission previously through a study session and the CUP process. He said the request seems to be a simple action to combine two properties. City Council Meeting of September 16, 2013 (Item No. 8b) Page 12 Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.) Commissioner Carper made a motion to recommend approval of the Preliminary and Final Plat of Auto Motion Carwash Addition. Commissioner Kramer seconded the motion, and the motion passed on a vote of 5-0. Adrianne Lebow, 3540 and 3544 France Ave. S., said she had been unable to attend previous meetings about the property and she didn’t have any information about the proposal. Commissioner Morris said staff could meet with her to answer any questions about the proposal. He added that final approval needs to be made by the City Council. City Council Meeting of September 16, 2013 (Item No. 8b) Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.)Page 13 City Council Meeting of September 16, 2013 (Item No. 8b) Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.)Page 14 CUP Exhibits Proposed Building Elevations City Council Meeting of September 16, 2013 (Item No. 8b) Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.)Page 15 City Council Meeting of September 16, 2013 (Item No. 8b) Title: Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.)Page 16