HomeMy WebLinkAbout2008/05/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA
CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:30 P.M.
MAY 5, 2008
6:00 p.m. BOARD AND COMMISSION APPRECIATION CELEBRATION
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Caring Youth Day Proclamation
3. Approval of Minutes - None
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 to approve items on the consent calendar.
(Alternatively: Motion to add or remove items from the agenda, motion to move items from consent
calendar to regular agenda for discussion and to approve those items remaining on the consent
calendar.)
5. Boards and Commissions – None
6. Public Hearings
6a. Public Hearing and First Reading of an Ordinance for Vacation of a Portion of the
1st Street NW Right-Of-Way
Recommended Action:
Mayor to close public hearing. Motion to approve first reading of an Ordinance
approving the vacation of a portion of the 1st Street NW right-of-way extending
approximately 90 feet northeast of Walker St, and setting the second reading of the
proposed ordinance for May 19, 2008.
Meeting of May 5, 2008
City Council Agenda
7. Requests, Petitions, and Communications from the Public
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Kamberg Condominiums – 4101 31st Street West
Recommended Action:
Motion to Adopt Resolution Granting Conditional Use Permit Under Section 36-
166 of the St. Louis Park Ordinance Code Relating to Zoning to Permit a Multi-
Family Dwelling for Property Zoned R-4 Multi-Family Residential Zoning District
Located at 4101 31st Street West
Motion to Adopt Resolution Granting Variances from Section 36-166 of the
Ordinance Code Relating to Zoning to Permit the Construction of a Nine-Unit
Condominium Building for Property located in the R-4 Multi-Family Residential
District at 4101 31st Street West.
8b. Standal Preliminary and Final Planned Unit Development for Retail and
Service Uses at 5700 West 36th Street.
Recommended Action:
Motion to Adopt Resolution Approving Preliminary and Final PUD to Allow up to
100% of the Existing Building at 5700 West 36th Street to be Occupied by Retail
and Services Uses in an Industrial Park Zoning District with Conditions as
Recommended by the Planning Commission and Staff.
8c. 1st Reading Vegetation Ordinance Amendment
Recommended Action:
Motion to Adopt First Reading of Ordinance to Adopt Changes to Chapter 34 of
Ordinance and to set Second Reading for May 12, 2008.
8d. Adjourn to a Closed Door/Executive Session to discuss with the City Attorney
pending/ongoing litigation with Pawn America.
8e. Adjourn to a Closed Door/Executive Session to discuss with the City Attorney
pending/threatened litigation with ARINC.
9. Communication
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 May 5, 2008
City Council Agenda
4. CONSENT CALENDAR
4a. Approve 2008 Neighborhood Grants
4b. Adopt Resolution Accepting the Project Report, Establishing Improvement Project No.
2007-1500, Approving Plans and Specifications, and Authorizing Advertisement for Bids for
Improvement Project No. 2007-1500
4c. Adopt Resolution Authorizing Fund Equity Transfer and Fund Closing for 2007
4d. Approve Resolution Rescinding Resolution No. 90-60 Adopted on May 21, 1990 to Allow a
Class II Restaurant at 7525 Wayzata Boulevard (BFW and Associates)
4e. Approve for Filing of Human Rights Commission Minutes February19, 2008
4f. Approve for filing of Human Rights Commission Minutes March 18, 2008
4g. Approve Second Reading of Ordinance Approving Vacation of a Portion of a Sewer
Easement on Lot 4, Block 1, WEST END and Ordinance Summary for Publication
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 Date: May 5, 2008
Agenda Item #: 2a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Caring Youth Day Proclamation.
RECOMMENDED ACTION:
The Mayor is asked to present the Caring Youth Day Proclamation. This is the 19th year that the
community has held this celebration to recognize young people for their caring spirit and concern
for others. Shelly Beissel from St. Louis Park Schools will be in attendance at the meeting to accept
the proclamation.
POLICY CONSIDERATION:
None.
BACKGROUND:
Nineteen years ago Roland and Doris Larson, members of Westwood Lutheran Church, had an
idea to recognize young people for their spirit of caring and concern for others.
The Larson’s created this event at Westwood Lutheran Church out of the Larson’s lifelong passion
for youth ministry and caring. The following year, the Larson’s brought the idea to the St. Louis
Park community. In 1990, the Youth Development Committee under the leadership of Beth
Johnson held the first community-wide Caring Youth Recognition where 16 honorees were named.
Since then, the event has evolved and is truly community owned. Today, representatives from
several different community organizations plan the Caring Youth event.
To date, 347 youth have been honored through St. Louis Park’s Caring Youth Recognition.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
Bringing together people to recognize our youth is consistent with the Strategic Direction of being a
Connected and Engaged Community.
Attachments: Proclamation
Prepared by: Nancy Stroth, City Clerk
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 2a) Page 2
Subject: Caring Youth Day Proclamation
PROCLAMATION
CARING YOUTH DAY
WHEREAS, St. Louis Park will be hosting it’s 19th annual community wide
celebration to recognize young people for their caring spirit and concern for others;
and
WHEREAS, Caring Youth Day was the creation of Westwood Lutheran
Church and Roland and Doris Larson and is now planned by representatives of several
community organizations; and
WHEREAS, to date 347 youth have been honored through St. Louis Park’s
Caring Youth Recognition; and
WHEREAS, these young people are important assets to our community who
inspire all of us through their altruistic actions; and
WHEREAS, these additional young people who have involved themselves
unselfishly in a cause or situation that benefits others will be recognized on May 15,
2008;
NOW THEREFORE, let it be known that the Mayor and City Council of
the City of St. Louis Park do hereby proclaim May 15, 2008, to be Caring Youth Day
in St. Louis Park and call upon all citizens in our Community to join in the salute of
these special young people.
WHEREFORE, I set my hand and cause the Great
Seal of the City of St. Louis Park to be affixed this
5th day of May, 2008.
_______________________________
Jeff Jacobs, Mayor
Meeting Date: May 5, 2008
Agenda Item #: 4a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
2008 Neighborhood Grants.
RECOMMENDED ACTION:
Motion to approve the 2008 Neighborhood Grants.
POLICY CONSIDERATION:
Does Council wish to approve the allocation of neighborhood grants for 2008?
BACKGROUND:
Each year, grant funding is made available to neighborhood associations to promote strong
neighborhoods and enhance community connections by bringing neighbors together. The City
Council appropriated $30,000 in grant funds for the 2008 neighborhood grant program. Organized
St. Louis Park neighborhood associations may each apply for up to $2000 annually to support
activities, operations and other neighborhood improvements and community building activities.
Neighborhood Associations are responsible for providing outside insurance when planning
neighborhood events in parks that bring outside equipment into the park such as, but not limited to
moonwalks, petting zoos. Etc. To assist neighborhood associations with purchasing additional
insurance, neighborhoods could apply for a maximum of $500 in addition to the standard grant for
insurance reimbursement in 2008.
Grant applications from 22 neighborhoods were received in March and 9 of these neighborhoods
also applied for additional insurance reimbursements. On April 8th, a Grant Review Committee
consisting of the Community Liaison and St. Louis Park residents met to review the grant
applications and make funding recommendations to the City Council.
FINANCIAL OR BUDGET CONSIDERATION:
The Grant Review Committee recommends approval of $30,000 to fund the following 22
neighborhood grants:
$2000 Aquila $1075 Elmwood
$2000 Birchwood $1495 Fern Hill
$1920 Blackstone $1025 Minikahda Oaks
$680 Bronx Park $1730 Minikahda Vista
$200 Brooklawns $530 Minnehaha
$1190 Brookside $1400 Oak Hill
Meeting of May 5, 2008 (Item No. 4a) Page 2
Subject: 2008 Neighborhood Grants
$2000 Browndale $1440 Sorensen
$950 Cobblecrest $2000 Texa Tonka
$1080 Creekside $1500 Triangle
$1735 Eliot $1985 Westwood Hills
$950 Eliot View $1115 North Side
Funding by Category in 2008:
49% Community Building/Social Activities such as picnics, potlucks, hayrides, etc.
11% Newsletter Expenses
10% National Night Out Events
9% Operating expenses: meeting expenses, postage, etc.
9% Nature Activities: Earth day and clean up events, tree plantings, trail beautification, etc.
12% Other Activities: Garage Sales, Porta-Potty Rentals, New Neighbor Welcome, etc.
The Grant Review Committee recommends approval of $3,600 to fund insurance purchased by
neighborhood associations for activities that take place in city parks that require additional
insurance. The following neighborhoods applied for insurance reimbursement: Blackstone,
Browndale, Cobblecrest, Eliot, Elmwood, Minikahda Oaks, Minikahda Vista, Oak Hill, Triangle,
and North Side.
VISION CONSIDERATION:
The neighborhood grants support the strategic direction - St. Louis Park is committed to being a
connected and engaged community.
Attachments: 2008 Grant Committee Worksheet
Prepared by: Marney Olson, Community Liason
Reviewed by: John Luse, Police Chief
Approved by: Tom Harmening, City Manager
Recommended
Requested Amount Amount
$2,000 Aquila $2,000
$450 Administrative
$300 - postage
$100 - volunteer insurance
$50 - annual meeting
$550 Neighborhood Picnic
$125 Trail meet & Greet
$75 Garage Sale
$400 Neighborhood Beautification
$400 Aquila School Peace Pole & Garden Planting
$2,000 Birchwood $2,000
$600 Newsletter
$500 Movie Night
$450 Summer Picnic
$450 Winter Party
$1,920 Blackstone $1,920
$300 Porta-Potty at Blackstone Park
$150 Blackstone Park Flowers & Trees
$100 Volleyball/Frisbee/Garage Sale
$225 Summer Gathering
$50 Weekend Ice Cream float Social
$445 National Night Out
$215 Pizza Night
$170 Winter Gathering
$265 Operating Support
Grant Committee Worksheet & Recommendations
2008 Neighborhood Grant Requests
The 2008 Grant Review Committee was made up of three St. Louis Park
residents who volunteered to review each grant application prior to our grant
review committee meeting. At the meeting the grant committee and Community
Liaison revised the grant requests to meet the $30,000 Grant Budget. Initial
requests totaled $31,747.
2008 Neighborhood Grant Recommendations Page 1 of 5
Meeting of May 5, 2008 (Item No. 4a)
Subject: 2008 Neighborhood Grants Page 3
Requested Recommended
$680 Bronx Park $680
$350 Annual Neighborhood Picnic
$150 Neighborhood Garage Sale
$105 General Meeting Expenses
$75 Children's Activities
$200 Brooklawns $200
$200 Halloween Party
$1,190 Brookside $1,190
$350 National Night Out
$200 Block Captain Participation Program
$200 Parade/Picnic & Ice Cream Social @ Jackley
$100 Beautify Jackley Park
$200 Winter Meeting
$90 Porta-Potty at Jackely Park (share w/ Creekside)
$50 Sledding & Skating Party
$2,050 Browndale $2,000
$500 Newsletter $2000 is max. grant
$600 Fall Event amount available
$225 Earth Day Event per neighborhood.
$325 Adult Summer Dance
$200 Family Camp Out
$75 Winterfest
$125 Spring Egg Hunt
$950 Cobblecrest $950
$100 Community Garden Tilling
$150 National Night Out Block Party
$100 Mailing
$600 Fall Hayride
2008 Neighborhood Grant Recommendations Page 2 of 5
Meeting of May 5, 2008 (Item No. 4a)
Subject: 2008 Neighborhood Grants Page 4
Requested Recommended
$1,080 Creekside $1,080
$80 Annual Meeting & Operations
$15 Spring Plant Sale/Exchange
$55 Neighborhood Flower Urn
$15 Marsh/Golf Course Clean Up
$450 Neighborhood Block Parties
$50 Adult Only Gathering
$65 National Night Out
$100 Porta Potty for Jackley Park
$100 Meadowbrook Blvd Beautification (w/ Park dept)
$50 Garden Tour
$100 Halloween Party
$1,901 Eliot $1,735
$820 National Night Out - Semi Annual $750
$593 Halloween Party $500
$488 Mailings/Postage $485
$600 is max. allowed per event; however, Eliot has appealed and received additional
money in the past. The grant committee reviewed the proposal and granted $750 for
National Night Out event.
$2,000 Eliot View $950
$600 Summer Picnic $400
$600 Website $0
$300 Newsletter $300
$200 Neighborhood Signs $0
$300 Halloween Party $250
Neighbor Works offers a free website service for neighborhoods which Eliot View is
now aware of and does not need the website funding. Neighborhood signs do not need
to be funded through the grant process since Eliot View has just organized.
$1,075 Elmwood $1,075
$275 June Picnic
$200 Garage Sale
$600 Halloween Party
2008 Neighborhood Grant Recommendations Page 3 of 5
Meeting of May 5, 2008 (Item No. 4a)
Subject: 2008 Neighborhood Grants Page 5
Requested Recommended
$1,495 Fern Hill $1,495
$460 Neighborhood Park Party
$600 Newsletter
$235 Fall Walking Tour
$200 New Neighbor Welcome
$1,185 Minikahda Oaks $1,025
$110 Neighborhood Directory $0
$300 Winter & Spring Social $300
$80 National Night Out $80
$520 Annual Picnic $470
$100 Development Neighborhood Communication $100
$75 Sign Planting $75
$1,960 Minikahda Vista $1,730
$150 Newsletter/Website/Steering Committee $150
$600 Pumpkin Festival $600
$30 Annual Meeting $30
$600 National Night Out $600
$50 Plant Exchange $50
$230 Block Captain Appreciation $0
$200 Street Art Event $200
$100 Winter/Event or Solstice Celebration $100
$591 Minnehaha $530
$92 Spring Clean-up $95
$137 National Night Out $135
$362 Tree Planting $300
$1,400 Oak Hill Park $1,400
$500 Summer Fun Event
$300 Fall Outdoor Movie Night
$75 Garage Sale
$125 Winter Fun Event
$300 Winter Mailing
$100 Adults Only Pot Luck
$1,470 Sorensen $1,440
$660 Mailing - two separate mailings $660
$455 10th Annual Fall Social $455
$145 Annual Meeting $145
$210 Webster Park Porta-Potty $180
2008 Neighborhood Grant Recommendations Page 4 of 5
Meeting of May 5, 2008 (Item No. 4a)
Subject: 2008 Neighborhood Grants Page 6
Requested Recommended
$2,000 Texa Tonka $2,000
$200 Annual Meeting & Picnic
$245 Memorial Garden
$500 Aquila B-day Celebration
$480 National Night Out
$400 SLP Police Dept Basketball Night
$175 Resource Fair
$1,500 Triangle $1,500
$600 Neighborhood Newsletters
$600 Annual Neighborhood Event
$150 Establish non-profit status
$150 Memorial Landscaping
$1,985 Westwood Hills $1,985
$500 Ice Cream Social
$600 Winter Event
$485 Oktober Fest
$400 Planting Flowers at Nature Center Entrance
$1,115 Willow Park (formerly North Side)$1,115
$495 Ice Cream Social
$540 Newsletters
$50 Website Development
$30 Annual Meeting
$31,747 Total Requested by all Neighborhoods $30,000
Total Granted
2008 Neighborhood Grant Recommendations Page 5 of 5
Meeting of May 5, 2008 (Item No. 4a)
Subject: 2008 Neighborhood Grants Page 7
Meeting Date: May 5, 2008
Agenda Item #: 4b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Project Report: Water Project – Recoat Elevated Water Tower No. 4 - Project 2007-1500.
RECOMMENDED ACTION:
Motion to Adopt Resolution Accepting the Project Report, Establishing Improvement Project No.
2007-1500, Approving Plans and Specifications, and Authorizing Advertisement for Bids for
Improvement Project No. 2007-1500.
POLICY CONSIDERATION:
None.
BACKGROUND:
History
The current 5-year CIP includes Project No. 2007-1500, which is the recoating of Elevated Water
Tower No. 4 (EWT #4) located at 2541 Nevada Avenue So.
In 1955, the City constructed EWT #4. This 1 million gallon riveted double ellipsoid tower is now
more than 50+ years old and in need of recoating.
Recent Inspection
In 2007, the City hired KLM to conduct a complete inspection of both the exterior and interior of
the tower. The inspection showed that some structural modifications and repairs are required for
both the exterior and interior to bring the EWT #4 into compliance with OSHA regulations,
American Water Works Association (AWWA) standards, allow for safer access in and on the tank
and, in some cases, removing unnecessary items. The inspection also showed that the exterior
coating is failing and is no longer providing adequate protection against corrosion. The exterior
coating of steel water storage towers has a life expectancy of 15 to 20 years; this tower was last coated
in 1986, 22 years ago. The interior inspection also revealed the tank requires a complete new
interior coating. The age of the existing interior coal tar epoxy coating is approximately 30+ years
old, with spot repairs last done in 1991.
Antennas
Another key component of the project will be the coordination with the four (4) telecommunication
companies with antennas and related equipment on the tower. The antennas and related equipment
will need to be removed and replaced or protected in-place during the project.
Meeting of May 5, 2008 (Item No. 4b) Page 2
Subject: Project Report: Water Project - Recoat EWT #4 – Project 2007-1500
Proposed Work
This project will provide for miscellaneous structural modifications and repairs to bring the tank into
compliance with OSHA and AWWA standards. This work will allow for safer access in and on the
tank and also remove some unnecessary equipment.
The project will provide for recoating of both the interior and exterior of the tank. The interior
coating will be replaced with a new epoxy system. The exterior coating will be replaced with a new
epoxy/urethane system. The color will be “warm sun” and the tower identification will be as
directed by Council at the April 28, 2008 Study Session (attached). The life-span for these recoating
systems is projected to last approximately 20 years.
Removal and replacement of the antennas and related telecommunications will also be part of this
project. Coordination meetings with the four telecommunications companies have taken place and
so far they have been cooperating in delivering this project.
Public Process:
A project information letter will be sent in the very near future to residents within the immediate
area informing them of the project. The letter will contain an explanation of the project including
discussion of full-containment during the painting operation, the project schedule, working hours,
and a city contact for addressing project questions. After the selection of a Contractor and
determination of a more detailed construction schedule, a second mailing to residents will update
them with final details.
Project Timeline:
Should the City Council approve the Project Report, it is anticipated that the following schedule
could be met:
• Approval of Plans/Authorization to Bid by City Council May 5, 2008
• Advertise for bids Construction Bulletin May 12, & 19, 2008
• Advertise for bids Sun Sailor May 15, & 22, 2008
• Mandatory Pre-Bid Meeting with Bidders May 20, 2008
• Bid Opening May 27, 2008
• Bid Tab Report to City Council; Award contract June 2, 2008
• Construction August to October 2008
FINANCIAL OR BUDGET CONSIDERATION:
This project was planned for and is included in the City’s adopted Capital Improvement Program
(C.I.P.). The costs shown below are currently estimated construction, engineering, and
administrative costs. Staff has verified that adequate funds are available in the Water Utility Fund
for this work.
Meeting of May 5, 2008 (Item No. 4b) Page 3
Subject: Project Report: Water Project - Recoat EWT #4 – Project 2007-1500
Estimated Costs
Construction Cost $765,000
Contingencies (10%) $ 76,500
Engineering & Administrative $110,100
Total $951,600
Funding Sources Amount
Water Utility Fund $931,600
Telecom Engineering Reimbursement $ 20,000
VISION CONSIDERATION:
None.
Attachment: Resolution
Water Tower Painting Rendering
Prepared by: Scott Merkley, Project Manager
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 4b) Page 4
Subject: Project Report: Water Project - Recoat EWT #4 – Project 2007-1500
RESOLUTION NO. 08-_______
RESOLUTION ACCEPTING THE PROJECT REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 2007-1500
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2007-1500
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Public Works Coordinator related to the Rehabilitation & Recoat of Elevated Water Tower No. 4.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Project Report regarding Project No. 2007-1500 is hereby accepted.
2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the
Project Report.
3. The proposed project, designated as Project No. 2007-1500, is hereby established and
ordered.
4. The plans and specifications for the making of these improvements, as prepared under the
direction of the City Engineer, or designee, are approved.
5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of said
improvements under said-approved plans and specifications. The advertisement shall appear
not less than ten (10) days prior to the date and time bids will be received by the City Clerk,
and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly
after the letting date. The report shall include a tabulation of the bid results and a
recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council May 5, 2008
City Manager
Mayor
Attest:
City Clerk
Meeting of May 5, 2008 (Item No. 4b) Page 5
Subject: Project Report: Water Project - Recoat EWT #4 – Project 2007-1500
Meeting Date: May 5, 2008
Agenda Item #: 4c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Approve Fund Equity Transfer and Fund Closing.
RECOMMENDED ACTION:
Motion to Adopt Resolution Authorizing Fund Equity Transfer and Fund Closing for 2007.
POLICY CONSIDERATION:
Should we close the Municipal Service Center (MSC) internal service fund as of 12/31/2007 and
transfer the remaining cash?
BACKGROUND:
The MSC Fund was previously used to account for and provide vehicle maintenance. In 2007 that
function was changed to operate under the Park and Recreation Fund umbrella. At the time the
shift occurred, there was an intentional spend-down of the fund balance occurring. In order to make
an orderly transition, the decision was made to transfer the remaining cash in the MSC Fund to Park
and Recreation over a four year time frame. Starting with a $100,000 transfer in 2007, the amount
was to be decreased by $25,000 per year with the final transfer being completed in 2010. The
money to be transferred for 2007, in addition to the previously budgeted $100,000 transfer, totals
$150,000 plus annual interest earnings which have not been finalized for the year.
In discussions with the City’s auditors, it seems more efficient to close that fund as of the end of
2007. Otherwise we will be reporting on a fund for three more years with the only transactions
being two journal entries – one for interest revenue and the other for the transfer to Park and
Recreation. We feel the city is best served by transferring the cash and closing the fund with 2007’s
audit.
Doing this will require us to balance the budget for Park and Recreation by consuming some fund
balance during the 2009 and 2010 budgets. We intend to show the use of fund balance as a revenue
item during the budgeting process to clarify the effect of this process for the City Council. This
means we will not have to report on the MSC fund in future years.
FINANCIAL OR BUDGET CONSIDERATION:
The action recommended will allow the city’s various funds to be adequately funded at least for the
short term and clean up unnecessary financial reporting.
Meeting of May 5, 2008 (Item 4c) Page 2
Subject: Fund Equity Transfer and Fund Closing
VISION CONSIDERATION:
Not applicable.
Attachments: Resolution
Prepared by: Bruce DeJong, Finance Director
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item 4c) Page 3
Subject: Fund Equity Transfer and Fund Closing
RESOLUTION NO. 08-_____
RESOLUTION AUTHORIZING FUND EQUITY TRANSFER
AND FUND CLOSING FOR 2007
WHEREAS, the City of St. Louis Park has created various special purpose funds; and
WHEREAS, some of those funds rely on transfers for continued operation; and
WHEREAS, the Municipal Service Center fund is no longer necessary to the operation of
the city;
NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council:
That approval is hereby given to the Finance Director to transfer the following money and
close the Municipal Service Center fund as shown.
Transferring Fund Receiving Fund Amount
Municipal Service Center Park and Recreation Fund Remaining Cash Balance
Reviewed for Administration: Adopted by the City Council May 5, 2008
City Manager Mayor
Attest:
City Clerk
Meeting Date: May 5, 2008
Agenda Item #: 4d
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
7525 Wayzata Boulevard Special Permit Termination.
RECOMMENDED ACTION:
Motion to approve Resolution Rescinding Resolution No. 90-60 Adopted on May 21, 1990 to
Allow a Class II Restaurant at 7525 Wayzata Boulevard (BFW and Associates).
POLICY CONSIDERATION:
In 1992, the City completed major revisions to the zoning ordinance. One change resulted in the
elimination of special permits in favor of uses that are either permitted, permitted with conditions,
permitted by conditional use permit, or by planned unit development. Where appropriate, the
ordinance encourages the termination of Special Permits in favor of the revised categories.
BACKGROUND:
BFW and Associates, LLC is requesting the termination of the special permit for its property located
at 7525 Wayzata Boulevard. Until 2006, this property was an Ember’s Restaurant permitted by
Special Permit 90-60.
The termination of the special permit is requested based on the provisions of Section 36-36(c)(2) of
the Zoning Ordinance as follows:
Section 36-36(c)(2):
Special permit uses now permitted with conditions. Special permits issued for land uses
which, under this chapter, are now permitted uses with conditions in the zoning district in
which the property is located are hereby continued in full force and effect. The owner of
property subject to a continued special permit may request termination of the special permit
by providing the city with a letter requesting termination. Upon receipt of a letter requesting
termination, the city shall issue a written termination to the applicant which shall be
recorded on the title to the property by the city. The owner of the property shall sign an
assent form provided by the city wherein the owner agrees to indemnify and hold harmless
the city for any actions or consequences arising from termination of the special permit. Upon
termination of the special permit, the land use shall be governed by the regulations of this
ordinance, and other applicable ordinances. Once a special permit is declared terminated, it
may not be reinstated.
As stated in the code provision above, once the special permit is terminated, the property will be
governed by the applicable zoning district regulations.
Meeting of May 5, 2008 (Item No. 4d) Page 2
Subject: 7525 Wayzata Boulevard Special Permit Termination
The property is zoned C-2, General Commercial. The restaurant building was removed in late 2007
and a new building has been constructed for a medical office use. Medical office uses are permitted
within the C-2 district; for this reason, no Council review of the development was required. It is
expected that the new medical office building will be used for a dialysis clinic.
A request for termination of a special permit does not require a public hearing. The only
requirement is a resolution by the City Council terminating the special permit.
The new building is in compliance with the Zoning Ordinance, including all provisions for building
materials, setbacks, landscaping, off-street parking and stormwater control.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Resolution
Prepared by: Adam Fulton, Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 4d) Page 3
Subject: 7525 Wayzata Boulevard Special Permit Termination
RESOLUTION NO. 08-_____
A RESOLUTION RESCINDING RESOLUTION NO. 90-60 ADOPTED ON MAY 21,
1990 TO ALLOW A CLASS II RESTAURANT AT 7525 WAYZATA BLVD.
FINDINGS
WHEREAS, Mr. Robert Foster, Vice President and Secretary for BFW and Associates, LLC,
owner of the property affected by the special permit, has requested that the City Council terminate
the special permit to allow a Class II restaurant at 7525 Wayzata Boulevard within the C-2 General
Commercial Zoning District and having the following legal description:
PID # 05-117-21-31-0094
Lot 1, Block 1, Embers 3rd Addition
WHEREAS a special permit was issued for the subject property pursuant to Resolution No.
90-60 of the St. Louis Park City Council dated May 21, 1990; and
WHEREAS, due to changed zoning regulations, no special permit is required to
productively use the site for certain commercial uses; and
WHEREAS, once the special permit is terminated, the above described property will
continue to be governed by the regulations of the C-2 General Commercial District; and
WHEREAS, it is the intent of this resolution to terminate the special permit granted by
Resolution No. 90-60.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 90-60 is hereby rescinded
and replaced by this resolution which terminates the special permit.
Reviewed for Administration: Adopted by the City Council May 5, 2008
City Manager Mayor
Attest:
City Clerk
Meeting Date: April 7, 2008
Agenda Item #: 4e
City of St. Louis Park
Human Rights Commission
Minutes – February 19, 2008
Westwood Room, City Hall
I. Call to Order
Chair Miller called the meeting to order at 7:01 p.m.
A. Roll Call
Commissioners Present: Mohammed Abdi, Helen Fu, Mary Feldman, Bill Gavzy, Sonja
Johnson, Sharon Lyon, Ahmed Maaraba, Lisa Miller, Stewart Morgan and Vladimir Sivriver
Absent: Joe Polach, Dalton Shaughnessy and Shelley Taylor
Staff: Marney Olson and Amy Stegora-Peterson
B. Approval of Agenda
The agenda was approved as presented.
C. Approval of Minutes
It was moved by Commissioner Miller, seconded by Commissioner Feldman, to approve the
minutes of January 15, 2008, as presented. The motion passed 9-0.
II. Commissioner and Committee Reports
A. Individual commissioner and staff reports
Ms. Johnson stated Gustavus has a Diversity Center and Diversity Club that does a Building
Bridges conference, which is lead by students. This year’s conference is March 15th and the
topic is genocide. She would Email more information.
Ms. Olson reported she would send Commissioners information about a Great Conversation
on Human Rights presentation at the University of Minnesota on May 13th.
City Council comments on Work Plan and Annual Report
Ms. Olson stated she, Commissioner Miller and Lt. Dreier met with the City Council in
February to discuss the 2007 report and 2008 Work Plan. They were pleased with the
Commissions work and anxious to expand the film series. They had questions about
continued outreach to immigrant and minority communities and they explained that more
to Council. The Council was excited to see more connections in the community and
interested in the work the Commission does with the Visioning process. One idea from City
Council was possibly putting the Commission films in the library where they may be viewed
more frequently. The Commission would need to check into the legalities.
Chair Miller noted the Human Rights Award was presented by City Council in January.
Meeting of May 5, 2008 (Item No. 4e) Page 2
Subject: Human Rights Commission Minutes February 19 2008
III. Unfinished Business - None
IV. New Business
A. Vision St. Louis Park
Ms. Olson provided a handout and gave an overview of the history of the Vision process.
Ms. Olson, Chair Miller and Lt. Dreier met with city staff to discuss Vision. The
Commission is working on developing a diversity lens or filter. More communications about
City happenings (city-wide) are needed and continuing to expand on the good things already
being done. City staff should be inclusive.
Chair Miller added they tried to stop seeing diversity as “other” and to be more inclusive.
The group came up with the following:
Respect
Reflect
Include
Invite
WE
Value
US
Ms. Olson indicated the definition of diversity is broader than people think and includes
many groups (age, socio economic group, families, abilities, etc.). They will work with
communications staff to make the above a nice looking handout. The City has purchased
the photos from the Places and Faces photo project and could use some of those images.
Chair Miller stated once this is working and packaged in a way that worked, they could share
it with other cities and groups.
B. Film Series
Ms. Olson stated she met with staff from Community Education about partnering on a film
series. There were limitations and it would still be mainly driven by the HRC Commission
who would be responsible for picking out films and finding speakers. Community
Education could help with advertising. They also need to make a minimum of $200 to
cover costs, so they charge for classes. The HRC did the 2007 series without charging. She
would look into it further to see if Community Education could advertise the series, but not
have a class sign up to eliminate the fee. The Commission needed to determine dates and
she recommended they follow a Park Perspective mailing. She would also talk with the
Communications Department about availability of funding for advertising. The
Community Education book deadlines are February, in June and November.
Meeting of May 5, 2008 (Item No. 4e) Page 3
Subject: Human Rights Commission Minutes February 19 2008
Commissioners suggested looking into radio announcements on PBS, referencing the
information on the City web site, getting dates set up as soon as possible, and using the MN
Human Rights Resource center as a resource for films.
The following Commission members agreed to work on a Film Series sub committee:
Feldman, Fu, Morgan and Sivriver. Ms. Olson will follow up with Commissioner Taylor to
see if she is interested in leading the film subcommittee group.
C. Work Plan
Chair Miller reviewed the Work Plan items.
Commissioner Johnson indicated she hadn’t received the school demographic information
but would Email that information when she received it.
Commissioner Abdi stated that the ESL School in St. Louis Park was excellent and he knew
of many people that came from other cities to that school.
Ms. Olson suggested they invite resources from the community to attend commission
meetings and talk about what the HRC could do with them. She would compile a list
including previous Human Rights award winners, etc. and send it to commissioners.
Commissioners suggested the groups present what services they provide. They could have
more interaction with groups who had received the Human Rights award. Other suggestions
were: the possibility of having a community fair with the groups, having an International
festival, working at the senior center and forming a sub committee to help determining
groups to work with.
V. Set Agenda for Next Meeting
¾ Work Plan – determine groups to work with
¾ Vision St. Louis Park
¾ Film Series Sub Committee Update
VI. Adjournment
The meeting was adjourned at 8:20 p.m.
Meeting Date: April 7, 2008
Agenda Item #: 4f
City of St. Louis Park
Human Rights Commission
Minutes – March 18, 2008
Westwood Room, City Hall
I. Call to Order
Chair Miller called the meeting to order at 7:07 p.m.
A. Roll Call
Commissioners Present: Mohammed Abdi, Sharon Lyon, Ahmed Maaraba, Lisa Miller,
Stuart Morgan, Vladimir Sivriver and Shelley Taylor
Absent: Helen Fu, Mary Feldman, Bill Gavzy, Sonja Johnson, Joe Polach and Dalton
Shaughnessy
Staff: Lt. Lori Dreier
Guest: Judy Rheinhr, MN League of Human Rights
Judy Rheinhr discussed the Human Rights Conference, events hosted by the Hopkins
Human Rights Commission, a book about diversity training and showed films. She
provided information and handouts to the Commission.
B. Approval of Agenda
It was moved by Commissioner Maaraba to approve the agenda as presented.
The motion passed.
C. Approval of Minutes
It was moved by Commissioner Lyon to approve the minutes of February 19, 2008, as
presented.
The motion passed.
II. Commissioner and Committee Reports
A. Individual commissioner and staff reports
Lt. Dreier noted there had been a bias crime and the Police were still working on charging.
The report had not yet been released. When it is ready, Commission’s process is to send a
letter to the victim offering assistance. She and Marney met with the Police Advisory
Commission (PAC) to discuss Vision and how they could work together. The PAC is trying
to figure out what they want to do and then they could meet again. PAC liked the idea of
having a forum that was not geared to one specific group. They also talked about PAC going
to Meadowbrook for National Night Out.
Meeting of May 5, 2008 (Item No. 4f) Page 2
Subject: Human Rights Commission Minutes March 18, 2008
B. Film Sub Committee Report
Commissioner Taylor stated they needed to meet and decide where to go next.
Lt. Dreier thought they should consider two or three films for the rest of the year. The
deadline to advertise for a fall film in the Community Education calendar is in June. They
had discussed showing Postville a second time.
III. Unfinished Business - None
IV. New Business
A. Work Plan – Discuss groups and organizations the HRC can work with
Lt. Dreier noted Ms. Olson researched local resources and bias crime information (handout).
Most information was in the files, but they had updated the information. Meg McMonigal
is working on the Vision Process and identifying gathering places in St. Louis Park and this
fell in line with that. She discussed some of the groups. Let Marney know of any additions
to the list.
Chair Miller suggested noting which groups offered alternative languages as part of their
services.
Commissioner Sivriver suggesting working with Bookvar for Russian languages.
Lt. Dreier noted another handout provided by Officers listing services available to people.
The Commission discussed the mediation services.
B. Vision St. Louis Park
Chair Miller indicated Ms. Olson met with the Communications Director who is sending
the Vision Lens to a graphic artist to design and incorporate pictures from the Our Town
Faces and Places photo project. She also met with staff from the Housing Department and
they thought the Vision Lens was a great idea and would definitely see benefit from using it.
They liked the term Vision Lens better than filter because it sounded more positive.
Commissioner Lyons asked what they were going to do with the list of resources? Lt. Dreier
replied staff would combine those handouts into one list available for staff or Commission
use.
Meeting of May 5, 2008 (Item No. 4f) Page 3
Subject: Human Rights Commission Minutes March 18, 2008
V. Other Business:
Chair Miller added they were compiling a list of people to have the large event with. This
would be a starting point on who should be invited and what it would look like. She
imagined it being a convention/open house.
Commissioners discussed running videos provided by Ms. Rheinhr at the Ice Cream Social.
They would view the videos first. Other suggestions included providing balloons, having a
face painter and coloring sheets.
VI. Set Agenda for Next Meeting
¾ Resources/Groups and Organizations for Networking Event and planning
¾ Vision St. Louis Park
¾ Film Series
¾ Ice Cream Social
VII. Adjournment
The meeting was adjourned at 8:00 p.m.
Meeting Date: April 28, 2008
Agenda Item #: 4g
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Second Reading of an Ordinance Vacating a Portion of a Sewer Easement.
RECOMMENDED ACTION:
Motion to adopt Second Reading of an Ordinance Approving the Vacation of a Portion of a Sewer
Easement on Lot 4, Block 1, WEST END, approve ordinance summary and authorize publication.
POLICY CONSIDERATION:
Is there a need for the drainage and utility easement proposed to be vacated? This easement is
within the West End redevelopment project. The West End development provides for relocation of
the sewer line and the subdivision provides drainage and utility easements needed for this area.
BACKGROUND:
The existing sewer line and easement lie beneath a proposed building for the West End
Redevelopment project (the proposed grocery store). The developer proposes to relocate the sewer
line, and the WEST END final plat provides for the long-term drainage and utility needs of this
area.
The proposed ordinance would not be effective until the sewer line is relocated and the WEST END
subdivision is recorded with Hennepin County.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Ordinance
Survey and legal description of the sewer easement to be vacated
Ordinance Summary
Prepared by: Sean Walther, Senior Planner
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 4g) Page 2
Subject: Motion to approve the Second Reading of an Ordinance Vacating a portion of Sewer Easement
ORDINANCE NO _____-08
AN ORDINANCE VACATING A PORTION OF A SEWER EASEMENT
LOT 4, BLOCK 1, WEST END
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all property
abutting the utility easement proposed to be vacated has been duly filed. The notice of said petition
has been published in the St. Louis Park Sailor on April 17, 2008, and the City Council conducted a
public hearing upon said petition and determined that the utility easement is not needed for public
purposes, and that it is for the best interest of the public that said utility easement be vacated.
Section 2. The sewer easement as now dedicated and laid out within the corporate
limits of the City of St. Louis Park shown on Exhibit A and described below, is vacated:
That portion of the sewer easement recorded in Document No. 618344, Hennepin
County Registrar of Titles, Hennepin County, Minnesota lying south of the north
line of Lot 4, Block 1, WEST END, Hennepin County, Minnesota
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
First Reading April 28, 2008
Second Reading May 5, 2008
Date of Publication May 15, 2008
Date Ordinance takes effect May 30, 2008
Reviewed for Administration: Adopted by the City Council May 5, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting of May 5, 2008 (Item No. 4g) Page 3
Subject: Motion to approve the Second Reading of an Ordinance Vacating a portion of Sewer Easement
EXHIBIT A
Meeting of May 5, 2008 (Item No. 4g) Page 4
Subject: Motion to approve the Second Reading of an Ordinance Vacating a portion of Sewer Easement
SUMMARY
ORDINANCE NO._____-08
AN ORDINANCE VACATING A PORTION OF A SEWER EASEMENT
LOT 4, BLOCK 1, WEST END
This ordinance states that a portion of a sewer easement at Lot 4, Block 1, WEST END, Hennepin
County, Minnesota will be vacated.
This ordinance shall take effect upon relocation of the sewer line and recording of the WEST END
final plat with Hennepin County, but not less than 15 days after publication.
Adopted by the City Council May 5, 2008
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 15, 2008
Meeting Date: May 5, 2008
Agenda Item #: 6a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Public Hearing and First Reading of an Ordinance for Vacation of a Portion of the 1st Street NW
Right-Of-Way.
RECOMMENDED ACTION:
Mayor to close public hearing. Motion to approve first reading of an Ordinance approving the
vacation of a portion of the 1st Street NW right-of-way extending approximately 90 feet northeast of
Walker St, and setting the second reading of the proposed ordinance for May 19, 2008.
REQUEST:
Mr. Greg Anderson is requesting the vacation of a portion of the 1st Street NW right-of-way to
accommodate additional parking and private access for two office buildings. Mr. Anderson is the
owner of the two properties adjacent to the right-of-way proposed to be vacated.
POLICY CONSIDERATION:
Is there a public need for the portion of the 1st Street NW right-of-way proposed to be vacated? The
right-of-way was dedicated as part of the original plat.
BACKGROUND:
There are two properties adjacent to the portion of the 1st Street NW right-of-way proposed to be
vacated. Both properties are owned by the applicant, Greg Anderson. Mr. Anderson built a one
story office building on the property to the west in 2004. The property to the east is occupied by a
6,000 square foot office building that is one story with a walk out lower level. Mr. Anderson is
proposing to remove the building and construct a 20,000 square foot office building in 2008.
There are sanitary sewer and storm sewer utilities in the right-of-way, and a road was never
constructed.
ANALYSIS:
The storm water and sanitary sewer utilities located in the right-of-way run the full length from
Republic Ave to Walker St. If the right-of-way is vacated, a utility easement will be retained by the
city to protect the city’s interest in and access to the utilities. Proposed development on the adjacent
property will not impact the utilities.
The road was not constructed because there is a 21 foot grade change from Republic down to
Walker Street, which would result in a 9.5% grade, as well as the fact the Republic and Walker
Meeting of May 5, 2008 (Item No. 6a) Page 2
Subject: Public Hearing and First Reading Ordinance 1st Street NW Right of Way Vacation
intersection is only 250 feet away from the Republic and 1st Street intersection. Staff believes there
was not a need to construct the road in the past, and does not foresee a need for a road in the future.
Both adjacent properties currently utilize the right-of-way for driveway access to Walker Street. If
the right-of-way is vacated, the land will be used for parking for both properties in addition to
access. Mr. Anderson will record cross access and parking easements over the vacated right-of-way to
preserve the access and parking rights of both properties.
The portion requested to be vacated extends approximately 90 feet northeast of Walker Street,
leaving 127.5 feet of right-of-way extending southwest from Republic Avenue. The remaining right-
of-way is being used by the adjacent property (Reddy Rents) for access to Republic Avenue, and they
asked that this portion not be vacated. Therefore, the request is to vacate only the portion of the
right-of-way adjacent to the applicant’s property instead of the entire length from Walker Street to
Republic Avenue.
FINANCIAL OR BUDGET CONSIDERATION:
None.
VISION CONSIDERATION:
None.
Attachments: Location Map
Survey showing the portion of the right-of-way proposed to be vacated
Draft Ordinance
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 6a) Page 3
Subject: Public Hearing and First Reading Ordinance 1st Street NW Right of Way Vacation
Portion of right-of-
way proposed to be
vacated
1st Street NW right-
of-way
LOCATION MAP
Meeting of May 5, 2008 (Item No. 6a) Page 4
Subject: Public Hearing and First Reading Ordinance 1st Street NW Right of Way Vacation
Right-of-Way proposed
to be vacated
Existing Right-of-Way
Meeting of May 5, 2008 (Item No. 6a) Page 5
Subject: Public Hearing and First Reading Ordinance 1st Street NW Right of Way Vacation
ORDINANCE NO._____-08
AN ORDINANCE VACATING PORTION OF RIGHT-OF-WAY
1 ST STREET NW
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all property
abutting upon both sides of the right-of-way proposed to be vacated has been duly filed. The notice
of said petition has been published in the St. Louis Park Sailor on April 24, 2008 and the City
Council has conducted a public hearing upon said petition and has determined that the right-of-way
is not needed for public purposes, and that it is for the best interest of the public that said right-of-
way be vacated.
Section 2. The following described right-of-way, as now dedicated and laid out within
the corporate limits of the City of St. Louis Park, is vacated:
That part of First Street N.W., as dedicated in the plat of “Rearrangement of St. Louis
Park”, according to the recorded plat thereof, Hennepin County, Minnesota, lying
southwesterly of a line drawn between the north corner of Block 185, said plat, and the east
corner of Block 165, said plat, and lying northeasterly of the following described line:
Beginning at the southeast corner of said Block 185; thence on an assumed bearing of South
85 degrees 41 minutes 49 seconds West, along the south line of said Block 185, a distance of
171.82 feet; thence northwesterly a distance of 225.13 feet along a curve concave
northeasterly having a central angle of 41 degrees 36 minutes 37 seconds and a radius of
310.00 feet to the southeast line of said Block 165 and said line there terminating.
Except the Northeasterly 127.50 feet thereof
reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and
across the described property for storm sewer, sanitary sewer, water main, and public utility
purposes.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Meeting of May 5, 2008 (Item No. 6a) Page 6
Subject: Public Hearing and First Reading Ordinance 1st Street NW Right of Way Vacation
Sec.4. This Ordinance shall take effect fifteen days after its publication.
First Reading May 5, 2008
Second Reading May 19, 2008
Date of Publication May 29, 2008
Date Ordinance takes effect June 13, 2008
Reviewed for Administration: Adopted by the City Council May 19, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
Meeting Date: May 5, 2008
Agenda Item #: 8a
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Kamberg Condominiums – 4101 31st Street West.
RECOMMENDED ACTION:
Motion to Adopt Resolution Granting Conditional Use Permit Under Section 36-166 of the St.
Louis Park Ordinance Code Relating to Zoning to Permit a Multi-Family Dwelling for Property
Zoned R-4 Multi-Family Residential Zoning District Located at 4101 31st Street West
Motion to Adopt Resolution Granting Variances from Section 36-166 of the Ordinance Code
Relating to Zoning to Permit the Construction of a Nine-Unit Condominium Building for Property
located in the R-4 Multi-Family Residential District at 4101 31st Street West.
POLICY CONSIDERATION:
The proposed development meets the criteria set forth in the Comprehensive Plan for multiple unit
development in areas designated for medium density residential land uses. It also meets the criteria
of the “Livable Communities” section of the Comprehensive Plan, which details optimal design
standards for medium and high density areas of the City.
BACKGROUND:
Description of Request
The applicant is proposing the construction of a three-story, nine-unit condominium with
underground parking at 4101 31st Street West. Proposed are both two bedroom and three bedroom
units. The building, as shown on the attached elevations, would be
constructed of brick with a tile or standing seam metal roof.
Process
Multi-family development is only permitted in the R-4 district through
a Conditional Use Permit (CUP). In addition to applying for the
CUP, two variances are requested, as follows:
• 2’ reduction in the required front yard setback.
• 2’ 5” reduction in the required side yard setback.
After several meetings with Staff, the applicant held a neighborhood
meeting on March 25th. Two owners of adjacent rental properties
attended the meeting. The developer also held an individual meeting
with the neighborhood leader of the Triangle Neighborhood. The
Planning Commission recommended approval of the proposal at its
April 2nd, 2008 meeting.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 2
Existing Site Conditions:
There is currently a single family house on the site at 4101 31st Street West. The 20,631 square foot lot is
irregularly shaped and larger than a typical residential lot in St. Louis Park. There are numerous multi-
family residential buildings along 31st Street West; this lot abuts a large apartment building to the south,
the Inglewood Condominiums project to the west along Inglewood Avenue South, and two single family
houses to the east and west along 31st Street West.
Conditional Use Permit:
A conditional use permit is required for all multi-family development in the R-4 district. The conditions
relate to site access, designed outdoor recreation area, building setbacks, and traffic generation. The site
plans, attached, indicate the application meets the conditions listed in the Zoning Ordinance.
Use Characteristics
Zoning requirements are detailed in the following table:
Factor Required Proposed Met?
Lot Area 30 units/acre maximum 19.2 units per acre Yes
Height 40’ maximum 36’ Yes
Building Materials 60% Class I materials 100% brick / glass Yes
Setbacks – Front / Rear 36’ 25’ 34’ 25’ Front Yard
Variance
Setbacks – Side / Side 20’ 3” 23’ 3” 17’ 10” 26’ 6” Side Yard
Variance
Off-Street Parking 21 spaces 19 underground spaces
2 on-street spaces
Yes
Bicycle Parking 11 spaces 9 underground spaces
4 exterior spaces
Yes
Floor Area Ratio 0.7 maximum 0.7 Yes
Open Area / DORA 2,476 square feet (12%) 8,635 square feet (33%) Yes
Landscaping 9 trees
108 shrubs
12 trees
108 shrubs
Yes
Mechanical Equipment Full screening required Provided – rooftop Yes
Refuse Handling Full screening required Internal trash rooms
provided
Yes
Stormwater Required city and
watershed standards
Small stormwater ponding
north and south of building
Yes
Parking
A total of 21 parking spaces are required based on a requirement of one parking space per bedroom.
Though the development is located in proximity to transit, the transit reduction does not apply
based on recent changes to the Zoning Ordinance. The ordinance was altered from a requirement of
two spaces per unit; because of the change, reductions were limited to ensure adequate parking
availability. The development meets the parking requirement through the construction of 19
underground parking spaces and the utilization of two on-street parking spaces.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 3
Landscaping and Screening
The development meets all landscaping and screening requirements. Several new trees will be
planted in the green space located south of the building. There, the developer has proposed the
construction of an exterior garden area that will be highly landscaped and will feature substantial
outdoor amenities.
In addition to the landscaping planned for the site, the developer has proposed the construction of a
six-foot brick retaining wall along the site’s west side. This ornamental brick wall will function as a
buffer between the residential property to the west and the driveway into the underground parking
area. It will also prevent headlights of cars leaving the underground parking during the evening to
shine onto the adjacent property.
Designed Outdoor Recreation Area (DORA)
The developer is providing a total of 8,635 square feet (33% of the site) for designed outdoor
recreation area. The DORA will be provided to the north, east and south of the building. Two
paved sidewalks will connect the sidewalk along 31st Street West to the rear of the building, where
the site plans indicate there will be two terraces, a formal garden and a sylvan garden.
Stormwater
The site will feature two small stormwater ponds located to the north and the south of the building.
These stormwater ponds will capture and filter all storm runoff from the site; most likely these ponds
will be relatively shallow and will appear similar to large rain gardens.
Height and Materials
The building will be 36 feet in height. This is under the maximum of 40 feet in height permitted in
the R-4 district. However, it results in the need for setback variances from the front and side yard
setbacks, discussed below under ‘Variances.’
The materials proposed for the building are composed solely of brick and glass, exceeding the
requirement for the use of 60% class 1 materials.
Other Issues
The developer has proposed a nine-unit condominium with a comparatively high level of finish.
Three of the units would be constructed with three bedrooms, with the other six units constructed
with two bedrooms. A narrative prepared by the developer, attached, states that the starting price for
the units would be between $400,000 and $650,000.
Variances:
The applicant is requesting two variances from the requirements of City Code Section 36-166 (g),
“Dimensional Standards,” which contain setback requirements in the R-4 Zoning District. The
variances will allow the developer to go forward with construction of the nine-unit condominium
building.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 4
While the proposed building fits within the maximum height requirement, an additional front yard
setback is required by the height of the building. A two-foot variance is therefore requested for the
front yard. Additionally, the developer is proposing to shift the building on the lot to the east,
resulting in a requested side yard variance to achieve better yards on both sides of the building. Side
yard setbacks of 20’ 3” and 23’ 3” are required for the proposed building in the R-4 district. The
Kamberg lot is wide enough to accommodate the required setbacks, but granting the variance makes
a more generous green strip between the driveway and the neighbor to the west.
Criteria
Variances shall be granted only provided that the following evaluation criteria from the City Code,
Section 36-33 “Application and review process for conditional use permits and variances,” can be
satisfactorily answered:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of
exceptional topographical or water conditions or other extraordinary and exceptional
conditions of such lot, the strict application or the terms of this chapter would result in
peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot
in developing or using such lot in a manner customary and legally permissible within the use
district in which such lot is located.
The driveway for the underground parking is on the west side of the building and is 20 feet in
width. Six and ½ feet of green space is proposed west of the driveway to allow green space between
the driveway and the property to the west, resulting in a 26’ 6” building setback on the west side and
a 17 feet 10 inch setback to the east side - versus the 20 feet 3 inches required (a variance of 2 feet 5
inches).
2. Conditions applying to the structure or land in question are peculiar to the property or
immediately adjoining property, and do not apply, generally, to other land or structures in the
use district in which the land is located.
The lot is of an irregular shape, resulting in a need for unique site design. This lot is peculiar to the
neighborhood, as all other lots in the immediate vicinity are of a typical rectangular shape. The lot’s
shape results in the need for an improved project on the northerly portion of the lot, because green
space can easily be provided in the unusually shaped the portion at the south of the lot.
3. The granting of the proposed variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
While the applicant could move forward with construction of a building, the variances improve the
overall project and site plan.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 5
4. The granting of the proposed variance will not impair an adequate supply of light and air
to the adjacent property, unreasonably increase the congestion in the public streets, increase
the danger of fire, or endanger public safety.
The granting of the proposed variance improves the ability of the developer to provide adequate
light and air to the adjacent properties. The side yard variance in particular enables the developer to
move the building to the east, so that the property to the west will receive additional light, air and
green space. The proposed variances will not increase congestion on public streets. The proposed
variances enable the project to move forward, therefore removing a vacant house and decreasing the
likelihood of fire and a public safety nuisance at the existing site.
5. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established property
values in the surrounding area, or in any other way impair the health, safety, and comfort of
the area.
The granting of the proposed variance enables the construction of a building that will fit in better
with the character of the neighborhood, which already features several multi-story buildings. It will
improve the property values of the surrounding area because of its quality and available green space.
It will not impair the health, safety or comfort of the neighborhood or greater area.
6. The granting of the proposed variance will not be contrary to the intent of this chapter and
the comprehensive plan.
The granting of the proposed variances enables the construction of a multi-family residential
building. The site is designated for multi-family construction in both the Zoning Ordinance and the
Comprehensive Plan.
7. The granting of a variance will not merely serve as a convenience to the applicant but is
necessary to alleviate a demonstrable undue hardship or difficulty.
The granting of the variances is not a convenience to the developer; rather, it is based on making the
building fit in better with the neighborhood.
Summary
While the building could be built without variances, the two required are minimal and result in a
better project. The front yard variance request of 2’ will allow better and more valuable living spaces.
The side yard variance request relates to placement of the building on the site; as proposed, the
building placement better addresses the interface with neighboring properties. For those reasons the
Planning Commission and Staff recommends approval of the variances.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 6
FINANCIAL OR BUDGET CONSIDERATION:
No financial assistance has been requested to construct this project, nor will the improvement of any
City-owned infrastructure be necessary at this time. The proposed development will be required to
pay a park dedication fee of $13,500.00 and a trail dedication fee of $2,025.00.
VISION CONSIDERATION:
The proposed nine-unit condominium will be constructed in a fully developed neighborhood. Its
construction will meet Vision goals for housing by providing a more diverse selection of housing
options in a neighborhood that is predominately rental housing. The project’s various unit sizes also
provide living options for residents of various ages and backgrounds. Its close proximity to the
Southwest LRT regional trail increases the number of residents that may choose to live near the trail.
The large amount of DORA provided meets Vision goals for the environment, increasing green area
and improving the stormwater management occurring in the neighborhood.
Attachments: Resolution – Conditional Use Permit
Resolution – Variances
Location Map
Color Site Plan
Site Plan and related documents
Prepared by: Adam Fulton, Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke. Community Development Director
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 7
RESOLUTION NO. 08-_____
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-
166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO
PERMIT A MULTI-FAMILY DWELLING FOR PROPERTY ZONED R-4 MULTI-
FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 4101 31ST STREET WEST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Emery Art Development, LLC (Merlin Brown) has made application to the City Council for a
Conditional Use Permit under Section 36-166 of the St. Louis Park Ordinance Code for the
purpose of construction of a multi-family dwelling within a R-4 Multi-Family District located at
4101 31st Street West for the legal description as follows, to-wit:
That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West
38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block
Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that
part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast
corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to
the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning,
“Manhattan Park, Minneapolis, Minnesota”, Hennepin County, Minnesota
Abstract
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08-05-CUP) and the effect of the proposed multi-family dwelling on the
health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on the
Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the multi-family dwelling will not be detrimental to the
health, safety, or general welfare of the community nor will it cause serious traffic congestion nor
hazards, nor will it seriously depreciate surrounding property values, and the proposed multi-family
dwelling is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 08-05-CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 8
Conclusion
The Conditional Use Permit to permit a multi-family dwelling at the location described is granted
based on the findings set forth above and subject to the following conditions:
1. A multiple unit condominium building is approved for the site. The building shall not
exceed nine units in size and must be in accordance with the official exhibits.
2. Prior to starting any site work, the following conditions shall be met:
a. A preconstruction meeting shall be held with the appropriate development,
construction and City representatives.
b. All necessary permits must be obtained.
c. Specifications for tree protection and erosion control fencing must be submitted
and approved by the City Forester. Required tree protection and erosion control
fencing must be installed prior to grading activities.
d. If a demolition permit is applied for in the absence of an accompanying building
permit, a letter of credit in the amount of $5,000.00 shall be provided to guarantee
the repair of any impacted public infrastructure and to ensure that the site remains
in compliance with all requirements of the City Code for the duration of
construction.
3. Prior to the issuance of a building permit, the following conditions shall be met:
a. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure
that all proposed utilities, public access points and construction documents
conform to the requirements of the City Code of Ordinances and City policies.
b. To ensure construction of the landscaping, other required public improvements,
and the cleaning of public streets during construction, a financial guarantee shall be
provided in the amount of 125% of the cost of the landscaping materials.
c. Park dedication fees must be paid.
d. Trail dedication fees must be paid.
4. The developer shall comply with the following conditions during construction:
a. 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.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto neighborhood
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
f. The City shall be contacted a minimum of 72 hours prior to any work in a public
street. Work in a public street shall take place only upon the determination by the
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 9
Director of Public Works that appropriate safety measures have been taken to
ensure motorist and pedestrian safety
g. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
5. Prior to the issuance of any temporary or permanent occupancy permit the following shall
be completed:
a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits.
b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits.
c. Exterior building improvements shall be completed in accordance with the signed
Official Exhibits and approved materials and colors.
d. All roof top mechanical equipment shall be installed and it shall be demonstrated
that all such equipment is fully screened from off-site views.
6. No outside storage is permitted. Incidental outside storage shall be removed within 48
hours.
7. All utility lines and structures must be placed underground or inside the building. Staff shall
verify that construction documents include the placement of all utilities lines or structures
underground or inside the building prior to issuance of the building permit.
8. Construction plans shall indicate the location of the concrete wash-out area, which shall not
be located on any required landscaping areas.
9. The developer shall pay an administrative fine of $750.00 per violation of any condition of
this approval.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Approval of a Building Permit, which may impose additional requirements.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 10
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 , 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 11
VARIANCES
RESOLUTION NO. 08-_____
A RESOLUTION GRANTING VARIANCES FROM SECTION 36-166 OF THE
ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION
OF A NINE-UNIT CONDOMINIUM BUILDING FOR PROPERTY LOCATED IN THE
R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AT 4101 31st STREET WEST
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
FINDINGS
1. Emery Art Development, LLC (Merlin Brown) has applied for variances from Section 36-
166 of the Ordinance Code relating to zoning to permit the construction of a nine-unit
condominium building for property located in the R-4 Multi-Family Residential District at the
following location, to-wit:
That part of Lots One (1), Two (2), and Three (3), Block Five (5), lying East of the West
38.7 feet, including adjacent 30 feet of Halifax Avenue vacated and all of Lot Four (4), Block
Five (5), together with 6 feet of alley vacated adjoining rear of said Lot Four (4), and that
part of Halifax Avenue vacated described as: Commencing 120 feet South of Northeast
corner of Block Five (5), thence East 30 feet, thence South 20 feet, thence Southwesterly to
the Southeast corner of Lot Four (4), Block Five (5), thence North to the beginning,
“Manhattan Park, Minneapolis, Minnesota”, Hennepin County, Minnesota
Abstract
2. On April 2, 2008, the Planning Commission held a public hearing, received testimony from
the public, discussed the application and moved approval of the variances to the side and front yard
setback requirements.
3. The Planning Commission has considered the effect of the proposed variances upon the
health, safety and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and
the effect of the proposed variances upon the Comprehensive Plan.
4. Because of conditions on the subject property and surrounding property, it is possible to use
the property in such a way that the proposed variances will not impair an adequate supply of light
and air to the adjacent property, unreasonably increase the congestion in the public streets, increase
the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the
Comprehensive Plan.
Meeting of May 5, 2008 (Item No. 8a)
Kamberg Condominiums – 4101 31st Street West Page 12
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or structures in
the district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
7. The contents of Planning Case File 08-06-VAR are hereby entered into and made part of the
public hearing record and the record of decision of this case.
8. Under the Zoning Ordinance, these variances shall be deemed to be abandoned, revoked, or
canceled if the holder shall fail to complete the work on or before one year after the variance is
granted.
9. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building
or structure for which the variances are granted is removed.
CONCLUSION
The application for the variances is granted based upon the finding(s) set forth above, as follows:
1. A two-foot variance to the requirement for front yard setback, from a distance of 36’ to the
front property line to a distance of 34’ to the front property line.
2. A two-foot five-inch variance to the requirement for the east side yard setback, from a
distance of 20’ 3” to the east property line to a distance of 17’ 10” to the east property line.
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 , 2008
City Manager Mayor
Attest:
City Clerk
HIGHWAY 7
31ST ST W
INGLEWOOD AVE SGLENHURST AVE SHIGHWAY 7HIGHWAY 7
HIGHWAY 7
Kamberg CondominiumsConditional Use Permit and Variances
$
April 2, 2008
3X
Zoning Classification
R1 - Single Family Residential
R2 - Single Family Residential
R3 - Two Family Residential
R4 - Multi-Familiy Residential
RC - Multi-Family Residential
POS - Parks and Open Space
MX - Mixed-Use
C1 - Neighborhood Commercial
C2 - General Commercial
O - Office
IP - Industrial Park
IG - General Industrial
160
Feet
R- 4
C-2
I-P
R- 4
Meeting of May 5, 2008 (Item No. 8a)
Subject: Kamberg Condomiums - 4101 31st Street West Page 13
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Subject: Kamberg Condomiums - 4101 31st Street West Page 21
Meeting Date: May 5, 2008
Agenda Item #: 8b
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
Standal Preliminary and Final Planned Unit Development for Retail and Service Uses at 5700 West
36th Street.
RECOMMENDED ACTION:
Motion to Adopt Resolution Approving Preliminary and Final PUD to Allow up to 100% of the
Existing Building at 5700 West 36th Street to be Occupied by Retail and Services Uses in an
Industrial Park Zoning District with Conditions as Recommended by the Planning Commission
and Staff.
POLICY CONSIDERATION:
This request is consistent with the Elmwood Land Use, Transit and Transportation Study which
recommends a mix of uses in this area, including first floor retail.
BACKGROUND:
Existing Building
The Standal building is one story
with approximately 13,900 square
feet of floor area that was extensively
remodeled in 2007. The remodel
converted the building into six
tenant spaces, improved access to
the building, and removed
approximately 3,000 square feet of
building in the back to make room
for additional parking spaces. The request is to use all of the leasable space for retail and service uses
for this property located in an Industrial Park zoning district.
Parking
There are 41 parking spaces available for the site. Thirty-two (32) parking spaces are located in an
on-site parking lot behind the building, three on-street parking spaces are available on Xenwood
Ave. and six on-street parking spaces will be available on West 36th Street after on-street parking is
added this summer. The 41 parking spaces are sufficient for the types of uses expected to fill the
space, which include retail, service, showroom and small amounts of storage.
Meeting of May 5, 2008 (Item No. 8b) Page 2
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses
Uses
The property is zoned IP. As such, up to 15% of the building can be occupied with retail uses.
However, in accordance with Section 36-243(e) of the Zoning Ordinance as stated below, the
requested PUD would allow the property owner to occupy the entire building with commercial uses
that are consistent with the vision of the 36th Street corridor.
Section 36-243(e) - Uses permitted by PUD. No structure or land in an I-P district shall be
used for the following uses except by the PUD process. Provisions for the PUD and
modifications to dimensional standards and densities are provided under section 36-367.
(1) Retail other than accessory.
(2) Service.
Without a PUD, 85% of the building could be occupied with uses typically found in an industrial
park, such as manufacturing, storage, showrooms, studios, and office. Many of these industrial uses,
however, are not consistent with the mixed-use, pedestrian-oriented vision of the 36th Street
corridor. Currently, three of the six spaces are occupied with a retail clothing store, a kitchen
remodeler’s showroom and the Hoigaard Village sales center. The remaining three spaces are vacant.
36th Street Streetscape
In 2008, the City will be installing new streetscape along 36th Street from Highway 100 to
Wooddale Ave. The streetscape will include new landscaping, lighting, sidewalks, public art, and
on-street parking bays. The city is asking property owners along 36th Street to participate in the
streetscape by installing the on-street parking spaces and participating in the maintenance of the
streetscape. The applicant has agreed to pay for the on-street parking spaces directly in front of his
property, and staff is working to establish a special service district in this corridor to manage the
maintenance of the streetscape.
Analysis:
The property is guided for “Industrial” land uses in the Comprehensive Plan. The property to the
east (Hoigaard Village) is guided Mixed-Use, and properties to the north, west and south (across 36th
Street) are guided Industrial. The Elmwood Area Land Use, Transit & Transportation Study
however, calls for the properties along West 36th Street, including the subject property, to be
designated Mixed-Use with commercial on the ground floor.
The Standal property is 28,000 square feet in area, and has the potential to be part of a larger
redevelopment in the future possibly with the surrounding properties. The adjacent industrial
properties, however, are under different ownership, and the owners are not ready to include their
properties in a redevelopment project at this time. The proposed PUD allows retail uses in the
interim, while keeping the option available to potentially include the property in a future larger
redevelopment proposal. This PUD would also result in a larger commercial presence along 36th
Street now, which is consistent with the pedestrian–oriented streetscape project that will be
completed this year.
Meeting of May 5, 2008 (Item No. 8b) Page 3
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses
Planning Commission Action:
The Planning Commission conducted a public hearing on April 16, 2008. A letter was received
from a resident in opposition to the proposal. The letter was entered into the public record, and is
attached to this report. The Planning Commission recommended approval (5-0 vote) of the PUD
for retail and service uses.
FINANCIAL OR BUDGET CONSIDERATION:
Not applicable.
VISION CONSIDERATION:
The Strategic Direction areas of: Gathering Spaces, Transportation, Sidewalk and Trails and
Environment are addressed by allowing the existing building to be occupied with retail and service
uses in a manner consistent with the pedestrian oriented vision of 36th Street.
Attachments: Location Map
Site Plan
Proposed Resolution
Letter from Resident
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Meg McMonigal, Planning & Zoning Supervisor
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 8b) Page 4
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses
LOCATION MAP
SITE PLAN Meeting of May 5, 2008 (Item No. 8b) Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service UsesPage 5
RESOLUTION NO._____________
A RESOLUTION APPROVING A PRELIMINARYAND FINAL PLANNED UNIT
DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED
IP INDUSTRIAL PARK LOCATED AT 5700 WEST 36TH STREET
WHEREAS, an application for approval of a Planned Unit Development (PUD) to allow
the building at 5700 West 36th Street to be up to 100% occupied by retail and service uses was
received on March 19, 2008 from the applicant, and
WHEREAS, notice of a public hearing on the Preliminary and Final PUD was mailed to
all owners of property within 350 feet of the subject property plus other affected property owners
in the vicinity, and
WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in
the St. Louis Park Sailor on April 3, 2008, and
WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD concept
at the meeting of April 16, 2008, and
WHEREAS, the Planning Commission opened and closed the public hearing at the
meeting of April 16, 2008, and
WHEREAS, the Planning Commission recommended approval of the Preliminary and
Final PUD on a 5-0 vote with all members present voting in the affirmative, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Standal Properties, LLC has made application to the City Council for a Planned Unit
Development to allow up to 100% of the building located at 5700 West 36th Street to be
occupied with retail and service uses under Section 36-367 of the St. Louis Park Ordinance
Code within the IP Industrial Park zoning district located at 5700 West 36th Street for the
legal description as follows, to-wit:
Lots 8 and 10, Block 28, St. Louis Park, and
Lots 24 and 25, Block 28, Rearrangement of St. Louis Park (Abstract)
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 08-09-PUD) and the effect of the proposed PUD on the health, safety
and welfare of the occupants of the surrounding lands, existing and anticipated traffic
Meeting of May 5, 2008 (Item No. 8b)
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses Page 6
G:\Community Development\APPLICATIONS\2008\08-09-PUD Standal Properties 5700-5710 W. 36th St\exibits\draft resolution.doc
conditions, the effect on values of properties in the surrounding area, the effect of the use on
the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The City Council has determined that the PUD will not be detrimental to the health, safety, or
general welfare of the community nor will it cause serious traffic congestion nor hazards, nor
will it seriously depreciate surrounding property values. The Council has also determined
that the proposed PUD is in harmony with the general purpose and intent of the Zoning
Ordinance and the Comprehensive Plan and that the requested modifications comply with the
requirements of Section 36-367(b)(5). The specific modifications include:
a. Allow up to 100% of the existing building to be occupied by retail and service uses.
4. The contents of Planning Case File 08-09-PUD are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Preliminary and Final Planned Unit Development to occupy up to 100% of the building at
5700 West 36th Street with retail and service uses is approved based on the findings set forth
above and subject to the following conditions:
1. The site shall be developed, used and maintained in conformance with the Final PUD
official exhibits.
2. The following façade design guidelines shall be applicable to all ground floor facades.
a. Façade Transparency. Windows shall meet the following requirements:
i. For street-facing facades, no more than 10% of the total window area shall be
glass block, mirrored, spandrel, frosted or other opaque glass. Also, no more
than 10% of the total window area shall be signage that is applied to the inside
or outside surface of the window. The remaining 90% of window and door
area shall be clear or slightly tinted glass, allowing views into and out of the
interior.
ii. Visibility into the space shall be maintained for a minimum of three feet. This
requirement shall not prohibit the display of merchandise. Display windows
may be used to meet the transparency requirement.
b. Awnings.
i. Awnings and canopies must be constructed of heavy canvas fabric, metal
and/or glass. Plastic and vinyl awnings are prohibited.
ii. Backlit awnings and canopies are prohibited.
c. Use of Sidewalk. A business may use that portion of a sidewalk on private property
provided an eight foot minimum horizontal clearance is maintained between
obstructions (trees, light poles, etc) on the sidewalk for the following purposes:
i. Display of merchandise provided it does not exceed more than 100 square feet
per business.
ii. Benches, planters, ornaments and art.
iii. Signage, as permitted in the zoning ordinance.
Meeting of May 5, 2008 (Item No. 8b)
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses Page 7
G:\Community Development\APPLICATIONS\2008\08-09-PUD Standal Properties 5700-5710 W. 36th St\exibits\draft resolution.doc
3. The applicant agrees to pay for the on-street parking spaces located directly in front of
his property along West 36th Street.
4. The applicant agrees to maintain the portion of the streetscape located directly in front of
the property.
5. The property owner shall pay an administrative fine of $750 per violation of any
condition of this approval.
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.
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development
agreement shall address the streetscape maintenance and those issues which the City Council
deems appropriate and necessary. The Mayor and City Manager are authorized to execute the
development agreement.
Reviewed for Administration: Adopted by the City Council May 5, 2008
City Manager Mayor
Attest:
City Clerk
Meeting of May 5, 2008 (Item No. 8b)
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses Page 8
Meeting of May 5, 2008 (Item No. 8b)
Subject: Standal Preliminary and Final Planned Unit Development for Retail and Service Uses Page 9
Meeting Date: May 5, 2008
Agenda Item #: 8c
Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance
Presentation Other:
EDA Meeting Action Item Resolution Other:
Study Session Discussion Item Written Report Other:
TITLE:
1st Reading - Vegetation Ordinance Amendment.
RECOMMENDED ACTION:
Motion to Adopt First Reading of an Ordinance to approve Changes to Chapter 34 of the City
Code and to set Second Reading for May 19, 2008.
POLICY CONSIDERATION:
Should the City Council amend the ordinance relative to diseased trees to allow staff to expand the
types of diseased trees to be removed?
Should the City Council amend the ordinance to allow residents the opportunity to plant and
maintain wild flowers and native prairie grassed in their yard?
BACKGROUND:
Chapter 34 of the ordinance covers vegetation which includes trees and weeds. The proposed
changes affect both sections of this chapter.
The first proposed change, under Article II. Trees, is to add “injurious pests” and related language to
this section. Currently, our Vegetation Ordinance only allows staff to mark and remove trees that
have Oak Wilt and Dutch Elm disease. Staff would like to be proactive in changing our ordinance
now so that we are prepared for future tree diseases that we know will soon be a problem in
Minnesota. There are other insects that will invade our area and we need to expand the
management, enforcement and sanitation necessary to include invasive, injurious pests, such as the
Emerald Ash Borer (EAB). The EAB is currently decimating all of the ash trees in Detroit, Michigan
and surrounding region. In St. Louis Park approximately 20% of our urban forest is ash trees. We
need a mechanism to control a pest such as EAB. EAB (and most likely other invasive
insects/fungus) is estimated to arrive in Minnesota within the next several years.
The second proposed change to the ordinance is found under Article III. Weeds. Staff proposes
adding a Native Vegetation definition section and permit application to manage wild flower and
prairie grass landscape. The intent of the change is to document, manage and enforce an alternative
form of landscape using native vegetation that is becoming more popular. The use of native
vegetation (indigenous trees, shrubs, wildflowers, grasses and other plants that have naturally adapted
themselves to the climate and soils of the area but require cultivation and maintenance to remain
viable) is also beneficial to our environment.
Meeting of May 5, 2008 (Item No. 8c) Page 2
Subject: 1st Reading Vegetation Ordinance Amendment
Staff is proposing that a permit application be required by property owners proposing native
vegetation that exceeds 800 square feet or 25% of parcel surface area (which ever is smaller). The
permit would be in effect for five years. After that time, the application must be renewed. This
application will define species, maintenance and contact information so management and
enforcement of noxious weeds and turf grass requirements can be facilitated.
City Attorney, Tom Scott has reviewed and approved the proposed ordinances changes.
FINANCIAL OR BUDGET CONSIDERATION:
There is no cost to the city to expand our diseased tree ordinance to include other injurious pests.
The long term impact on the city budget for tree removal may be significant when EAB or a similar
injurious pest arrives in Minnesota and infects our trees.
Staff does not anticipate a large number of property owners will apply for native vegetation permits
at this time. We believe that Jim Vaughan would be able to inspect these properties. Staff will
suggest changes at budget time if the permit numbers continue to increase.
VISION CONSIDERATION:
Staff believes that both of these ordinance changes are proactive efforts to improve environmental
stewardship in our City.
Attachments: Amended Ordinance
Prepared by: Jim Vaughan, Environmental Coordinator
Stacy Voelker, Administrative Secretary
Reviewed by: Cindy Walsh, Director of Parks and Recreation
Approved by: Tom Harmening, City Manager
Meeting of May 5, 2008 (Item No. 8c) Page 3
Subject: 1st Reading Vegetation Ordinance Amendment
ORDINANCE NO. _____-08
ORDINANCE AMENDING CHAPTER 34 OF
THE ST. LOUIS PARK CODE OF ORDINANCES
CONCERNING VEGETATION AND DISEASE CONTROL
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 34-51 of the City Code is amended to read as follows:
Sec. 34-51. Declaration of policy.
The City Council has determined that the health of the trees within the municipal limits is
threatened by tree diseases and pests. It is further determined that the loss of trees growing upon
public and private property, the existence of hazardous trees, the failure to dispose of downed trees
and the existence of limbs over streets and sidewalks substantially depreciate the value of property
within the City and/or impair the safety, good order, general welfare and convenience of the public.
It is declared to be the intention of the Council to control and prevent these conditions, and this
division is enacted for that purpose.
SECTION 2. Section 34-52 of the City Code is amended by adding the following
subsection:
Sec. 34-52. Public nuisance declared.
(7) Any living or standing tree or part thereof infected to any degree with any injurious pest
(disease or insect) which can infect, in potential epidemic proportions, other trees,
compromising health and welfare of tree and if left untreated will cause tree failure and
death.
SECTION 3. Section 34-59 of the City Code is amended to read as follows:
Sec. 34-59. Reporting discovery of tree disease.
Any owner or occupier of land or any person engaged in tree trimming or removal who becomes
aware of the existence of a tree disease or injurious pest as defined in Section 34-52, shall report the
existence of such disease to the City.
SECTION 4. Section 34-82 of the City Code is amended to read as follows:
Sec. 34-82. Approved trees.
The following trees can be used for street tree planting: hackberry, American basswood, white
ash, hard maple, red maple and Norway maple. No trees not mentioned in this section shall be
planted as street trees except by permission granted by the dDirector of Parks and Recreation.
Meeting of May 5, 2008 (Item No. 8c) Page 4
Subject: 1st Reading Vegetation Ordinance Amendment
SECTION 5. Section 34-85 of the City Code is amended to read as follows:
Sec. 34-85. Protection of trees.
No building material, machines or equipment of any description shall be piled up against near
any street tree unless such tree is first sufficiently protected by a proper guard and/or tree protection
fencing as described in Section 36-364 to prevent possible injury, and all instructions issued for that
purpose by the Director must be promptly complied with by the owner or contractorconstructor.
SECTION 6. Section 34-111 of the City Code is amended to read as follows:
Sec. 34-111. Weeds declared a nuisance; duty of owner..
(a) Any weeds, whether noxious or not as defined by state law, or turf grass growing at a height
greater than six inches upon any privately owned lot or tract of land in the city or upon any public
boulevard or similar public property alongside the traveled portion of a street or alley abutting the
private property are hereby declared to be a nuisance, except as authorized in Section 34-117. Turf
grass is any type of vegetative grasses used for recreational or residential purposes.
SECTION 7. Chapter 34 of the Code of Ordinance is amended to add the following Article:
CHAPTER 34 VEGETATION
ARTICLE IV. VEGETATION MAINTNENANCE
Sec. 34-114. Purpose. The purpose of this Article is to establish minimum standards for lawn
maintenance while recognizing that a variety of landscapes within a community adds diversity and
richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the
dominant feature in the landscape; however, alternatives to this traditional type of lawn are
recognized as important parts of a diverse and successful landscape. A parcel with proposed Native
Vegetation that exceeds 800 square feet or exceeds 25% of parcel surface area will require a Native
Vegetation Permit.
Sec. 34-115. Definitions. The following terms when used in this Article shall have the following
meanings:
(a) “Maintenance Plan” – a document submitted with an application for a Native
Vegetation Permit demonstrating a precise course of maintenance for numerous
individual plants in a landscape over months and seasons.
(b) “Native Vegetation” – those indigenous trees, shrubs, wildflowers, grasses and other
plants that have naturally adapted themselves to the climate and soils of the area but
require cultivation and maintenance to remain viable.
(c) “Native Vegetation Permit” – a permit issued by the City pursuant to this article
allowing an owner or occupant to cultivate Native Vegetation upon his/her property.
A Native Vegetation Permit exempts an owner or occupant from Section 34-116(c).
Meeting of May 5, 2008 (Item No. 8c) Page 5
Subject: 1st Reading Vegetation Ordinance Amendment
(d) “Natural Habitat” – specially uncultivated, valued and sensitive habitat whereupon
native vegetation exists in a pristine state and provides habitat for a variety of species
native to the area. Such vegetation shall maintain itself in a stable condition with
minimal human intervention.
(e) “Noxious Weeds” – an annual, biennial, or perennial plant designated by state
statute, the Minnesota Commissioner of Agriculture or the City Council as injurious
to public health, the environment, public roads, crops, livestock, or other property.
(f) “Rank Vegetation” – uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
(g) “Turf Grass” - cultivated vegetation consisting of a highly maintained surface of
dense grass underlain by a thick root system.
(h) “Weeds” – unsuitable, unwanted, or uncultivated vegetation, often causing injury to
the desired vegetation type, excluding noxious weeds.
Sec. 34-116. Lawn Maintenance Requirements.
(a) All lot areas not covered by buildings, designated parking areas, paths,
driveways and impervious surface shall have planted Turf Grass, Native Vegetation, or combined
ground cover of cultivated vegetation, garden, hedges, trees and shrubbery.
(b) No owner or occupant of any lot shall allow any noxious weeds to
grow on any part or portion of said lot.
(c) No owner or occupant shall allow any Turf Grass, Weeds, Native
Vegetation or Rank Vegetation to grow to a height greater than six (6) inches on a majority of any
lot or parcel of land.
Sec. 34-117. Exemptions. The following land is exempt from the requirement of Section 34-
116(c):
(a) Vacant and unoccupied land consisting of a contiguous tract of one
(1) acre, provided that Weeds, Turf Grass, Native Vegetation, and Rank Vegetation thereon are cut
twice annually. The first cutting shall not be later than June 1, and the second cutting shall be made
between July 15 and September 15.
(b) Private lands designated by the City Council as Natural Habitat.
(c) Public lands designated in the City’s Comprehensive Plan as Natural
Habitat.
(d) Native Vegetation, with a Native Vegetation Permit in accordance
with Section 34-118.
Meeting of May 5, 2008 (Item No. 8c) Page 6
Subject: 1st Reading Vegetation Ordinance Amendment
Sec. 34-118. Native Vegetation Permit.
(a) Permit. Upon satisfaction and completion of all the requirements of this
section, the City Manager or designee shall issue a Native Vegetation Permit. A Native Vegetation
Permit permits the permitee to cultivate Native Vegetation and exempts the property from Section
34-116(c). A Native Vegetation Permit shall be valid for five (5) years from the date of approval.
The City Manager or designee shall not approve a Native Vegetation Permit for property with
unresolved Code of Ordinance violations or administrative citations.
(b) Application. The Application for a Native Vegetation Permit which shall be
provided by the City Manager or designee, shall contain the following:
(1) Statement of intent and purpose in cultivating Native Vegetation.
(2) Site plan showing lot lines, buildings, location of proposed Native Vegetation, the
property’s legal description, and corner visibility requirements as defined by Section
24-47 of the City Code.
(3) Latin and common names of the species the property owner or occupant plans to
cultivate.
(4) Maintenance requirements for said species.
(5) Name and address of a professional landscaping company which has been hired to
perform maintenance on the Native Vegetation; or the name, address, and
qualifications of the person(s) who will be responsible for maintenance of the Native
Vegetation.
(6) A Maintenance Plan, which shall contain the following:
a) Planting diagram showing the location and mature height of all specimens of
Native Vegetation;
b) Detailed information on the upkeep of the plantings; and
c) Details of any long-term maintenance required for the Native Vegetation.
(c) Revocation. The City Manager or designee may regularly inspect any property
holding a Native Vegetation Permit for compliance with the Maintenance Plan on file with the City
for the property. If any property is not in compliance with the Maintenance Plan, the permitee may
be notified and ordered to bring the property into compliance with the approved permit within
thirty (30) days. If the permitee falls to comply with the order, the City Manager or designee may:
(1) Revoke the Native Vegetation Permit;
(2) Remove all improperly maintained Native Vegetation;
(3) Declare the property ineligible for a Native Vegetation Permit, unless sold, for a
period of two (2) years; and
(4) Assess the property for all costs associated with inspection of the property and any
removal of improperly maintained Native Vegetation in accordance with Minnesota
Statutes § 429.101.
Meeting of May 5, 2008 (Item No. 8c) Page 7
Subject: 1st Reading Vegetation Ordinance Amendment
Sec. 34-119. Penalty.
The violation of any provision of this Article is a misdemeanor and the violator shall be fined or
penalized not more than the maximum levels established by the State of Minnesota for misdemeanor
offenses. Each day on which the violation continues is a separate offense.
SECTION 8. This ordinance shall be deemed adopted and take effect fifteen days after its
publication.
First Reading May 5, 2008
Second Reading May 19, 2008
Date of Publication May 29, 2008
Date Ordinance takes effect June 13. 2008
Reviewed for Administration: Adopted by the City Council May 19, 2008
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney