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HomeMy WebLinkAbout2004/05/17 - ADMIN - Minutes - City Council - Regular OF ST. LOUIS OFFICIAL MINUTES PARK CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 17, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Council members present. John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present City Manager(Mr. Harmening), City Attorney (Mr Scott), Assistant Zoning Administrator (Mr. Morrison), Planning Coordinator (Ms Erickson), Human Resources Director(Ms Gohman), Associate Planner (Ms. Grove), Director of Parks & Recreation (Ms Walsh), Public Works Coordinator(Mr. Merkley), and Recording Secretary (Ms. Teagarden). 2. Presentations 2a. Appreciation Certificate for P.J. Andersen for service to the Bassett Creek Watershed Management Commission The Mayor read and presented a Certificate of Appreciation to P.J. Andersen for his service to the Bassett Creek Water Management Commission 2b. , Parktacular Ambassador Proclamation Ambassadors presented the Mayor with a picture of the Ambassadorial Family. The Mayor read and handed out proclamations for the following ambassadors: Junior Ambassadors: Taylor McCanna, Miranda Buehler, Mikayla Ebert, Lee Neitge Senior Ambassadors. Jim and Marlys Liska Most Congenial: Michelle Hogan Ambassadors: Kaitlyn Pommrehn, Tim McCune Miss St. Louis Park. Samantha Biegler 2c. National Public Works Week Proclamation The Mayor proclaimed the week of May 16 —22, 2004 as National Public Works Week, and called upon all-citizens to acquaint-themselves with the issues involved-in providing-public works and to recognize the officials who aide and help in the quality of life He presented the proclamation to Mr Merkley. 3. Approval of Minutes 3a. City Council Study Session Minutes of April 26,2004 Councilmember Sanger: Pg 2, paragraph 11, the proposal met the city's "but for" test(add) since the developer had stated that a senior condominium project could easily be built without TIF assistance. City Council Minutes -2- May 17, 2004 Councilmember Finkelstein. Pg 2, last paragraph, correct to many seniors understood full well how the equity option works. Councilmember Velick: Pg 3, paragraph 2, change to - was also in support and felt the socialization or the camaraderie the seniors receive from living in such a facility is beneficial for seniors in the community. They will live longer lives through this process. The minutes were approved as corrected. 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 (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) 4a Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $110,550.25 for the 2004 Sidewalk Improvement Project—City Project No. 04-02 4b Motion to approve payment to the School Distnct for an operations grant of$35,000 for 2004 from Cable TV franchise fees. 4c Motion to adopt Ordinance No. 2270-04 restricting the feeding of Canadian Geese, amending St. Louis Park Ordinance Code Chapter 4, Section 44, approve the summary and authorize summary publication. 4d Motion to designate Midwest Asphalt Corporation the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$624,765 21 for Louisiana Avenue Traffic Improvements—City Project No. 00-17 4e Motion to designate Hunerberg Construction as the lowest responsible bidder and to authonze execution of a contract for construction of an enclosed park building and open picnic shelter at Oak Hill Park in an amount not to exceed $431,249.00. 4f Motion to approve Ordinance No. 2271-04 amending St. Louis Park Ordinance Code (Zoning) relating to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District; approve summary ordinance and authonze publication. Case Nos. 04-06-ZA 4g Motion to authorize the 1Vrayor and City Managei to execute an Encroachment Agreement with the Hoffmans, 2757 Brunswick Avenue South, for use of City right-of- way for placement of a fence. 4h Motion to accept for filing Fire Civil Service Commission Minutes of March 8, 2004. 4i Motion to accept for filing Telecommunication Commission Minutes of February 12, 2004. 4j Motion to accept Vendor Claims for filing (Supplement) 4k Motion to accept for filing Housing Authority Minutes of April 14, 2004 City Council Minutes -3- May 17, 2004 It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to approve the Agenda and Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment to the Minnehaha Creek Watershed District Partnership and Housing Authority Appointments. It was moved by Councilmember Santa, seconded by Councilmember Velick to appoint Mary Karius and Helen Pitt to the Minnehaha Creek Watershed District Citizen's Task Force, and to appoint Andria Daniel to the Housing Authority for a term expiring June 30, 2007. The motion passed 7-0. 6. Public Hearings 6a. Sam's Club (Wal Mart) is requesting approval of preliminary and final plat,a conditional use permit and street and utility easement vacation to permit development of an expansion to the Sam's Club building, an expanded parking lot, and construction of a members only fuel facility. 3745 Louisiana Ave & 7115 Lake Street, Case Nos. 04-11-S, 04-08-CUP & 04-18-VAC. Resolution No.'s 04-062 and 04-063 Ms. Grove presented a staff report and distnbuted a copy of the traffic study. A representative from SRF was unable to attend the meeting. Ms. Grove explained the vacation request in two portions, one a ten-foot wide street easement that runs along the south half of Monitor Street and provides for a continuous 50' nght of way along Monitor Street. The other portion is the property that was 2nd Street. It is approximately 60' wide by 30' and staff believes this was intended as a turnaround at some point in the future. Public Works reviewed the vacation request, stating they wanted to retain the 10' wide portion, and recommended this be dedicated as nght-of-way rather than a street easement, per City policy Applicant did show this on the final plat. The Public Works department recommends vacating one portion only and dedicating the remaining 10' wide easement. Ms. Grove reported that all of the architectural standards must be brought into conformance with current code. Sam's Club is proposing to do this. Ms Grove reported that SRF looked at the future traffic forecasts, and assumed a temporary traffic signal would be installed at Lake and Louisiana Ave, The also assumed there would be additional north and south bound left turn lanes at Highway 7 and Louisiana as previously recommended with the Methodist Hospital project, who will assist in paying. SFR determined they will operate at acceptable levels of service in the future, with the exception of Highway 7 and Wooddale Ave This intersection will fail between 2007-2014, and SRF found with the addition of Sam's Club traffic, the intersection failure will be pushed to 2007. SRF recommends a dual northbound left turn lane on Wooddale and Highway 7 be installed to bnng peak hour operations to acceptable level of service. Staff recommends allocating the cost of the signal to the Sam's Club expansion, and basing the cost on the percentage of site trips through the intersection. City Council Minutes -4- May 17, 2004 City Code currently allows fuel stations in the general industrial zone as a conditional use. Staff is proposing an Ordinance Amendment to disallow this in the future, except as a use to service fleet vehicles. The developer understands the gas station would become nonconforming if such an amendment is approved, but they could request a future comprehensive plan and zoning amendment to correct the nonconforming status. Staff and Planning Commission are recommending approval of both the conditional use permit, the replat, and a portion of the vacation as described. The Mayor opened the Public Hearing. Dave Sellergren, representing Sam's Club, presented a graphic of the landscaping plan. Mr. Sellergren stated they were in agreement with all conditions. The Mayor closed the Public Hearing, subject to the right of the Council to reopen it at a future meeting. .Councilmember Santa asked if fuel station customers would exit on Monitor Street. Mr. Sellergren said he anticipated most people exiting on Monitor, or back to the main entrance on Louisiana. Councilmember Santa inquired about provisions for stormwater retention. Mr. Sellergren said he has a proposal for review at an upcoming Watershed District meeting, and it has already been approved by the Public Works Department. It will be an underground storage system and in compliance with Public Works and the Watershed District. Councilmember Sanger wanted clarification on the two'zoning classifications on the same parcel, and inquired about bringing it into conformance with one zoning classification. Ms. Grove replied there are other similar parcels and the ordinance does not prohibit them. Staff encouraged the developer to rezone at this time, but there was nothing in the ordinance to prohibit the developer from moving forward to request a parking lot and motor fuel station as currently zoned. If changes to setbacks or requirements were going to be made, Councilmember Sanger wondered why this project couldn't be improved Ms Grove agreed it could be done and there would not be any significant changes in the setbacks in going from general industnal to commercial. She would prefer to complete an industnal study before rezoning industrial to a commercial property. Councilmember Sanger suggested looking into rezoning into one zone, because it may not work well for future property tenants. Ms Grove said the ordinance does allow for up to 10% proof of parking which staff recommended. Mr. Sellergren said in tighter sites, such as this, concessions are made to the operating ratio_for-parking They understand the proof of_parking-offering, but-do-not-think-it meets operational needs. In exchange for that, further landscape has been added. Ms Grove stated that SRF did a traffic analysis and assumed the lights and turn lanes on Louisiana would be installed. They projected a minimal amount of turn movements to be added at the intersection of Lake and Louisiana. They believed the majority of people would use the main entrance off of Louisiana. Noting the cost is being shared by Sam's Club for the breakdown of the traffic of Wooddale and Highway 7, Councilmember Finkelstein said there would be more need for pedestrian access He wondered if Sam's Club would be willing to commit to a prorated share to help pay for the pedestrian bndge due to increased traffic Mr. Sellergren asked to be equitably treated City Council Minutes -5- May 17, 2004 and did not think there would be an objection. Councilmember Finkelstein asked that this be a condition of approval. Mr. Harmening said the City is studying the intersection from the perspective of pedestrians and traffic, and relocating the frontage road to the south. Apportioning the cost for a pedestrian bridge has not been done before; however, the City Attorney feels this could be discussed with developer. Councilmember Basill spoke to pedestrian danger at Wooddale and Highway 7 as more traffic is added. He wants to make sure the intersection can handle both pedestrians and traffic. Councilmember Omodt inquired about battery contamination issues and the plan for handling spills or leaks Mr. Sellergren said Sam's Club would comply with OSHA requirements for storage and removal. There are containment devices for leakage as well as other routine maintenance operations that are performed. Councilmember Omodt asked about signage. Mr. Sellergren replied that City staff recommended an uniform sign plan, and the signage has not yet been approved. Mr. Harmening clarified the sign package will be submitted to staff but does not need Council approval Councilmember Sanger inquired about traffic controls at Lake St. and Louisiana Ave. Mr. Sellergren doubted the intersection will meet traffic signal warrants but, if it does, he acknowledges a discussion in the future. Councilmember Santa asked about the start date for building and renovating. Mr. Sellergren said the final plan submission is June with construction to start before the end of summer. Construction should take about nine months. Councilmember Santa asked if lighting meets the code. Ms. Grove said staff did receive a revised plan that meets lighting requirements It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve the First Reading of the proposed ordinance vacating a portion of the street and utility easement as described in the staff report. The motion passed 7-0. Councilmember Basill felt the traffic levels were lower than expected. Ms. Grove explained how they obtained the traffic counts. Councilmember Finkelstein suggested an amendment that a paragraph be added to the resolution stating that offsite improvements include a pedestrian bridge at Highway 7 & Wooddale. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to adopt Resolution No. 04-062 approving the preliminary and final plat as amended and Resolution No. 04-063 granting conditional use permit as amended. The motion passed 7-0. 6b. Public Hearing to Consider Reallocation of 2002 Community Development Block Grant Funds. Resolution No. 04-060 City Council Minutes -6- May 17, 2004 Ms. Larsen reported that at a Public Hearing on March'1, 2004, the Council approved the proposed use of the 2004 Community Development Block Grant Funds and the reallocation of the 2002 funds. Hennepin County staff has since informed staff there is a technical requirement to publish a public hearing notice specific to any reallocation over$100,000. Therefore, a separate notice, public heanng, and resolution specific to the reallocation is required. In effect, the reallocation remains exactly the same as approved at Public Hearing on March 1, 2004. The 2002 funds would be reallocated for the Wayside House Improvements, which would be $45,200. Funds would be reallocated with the single-family deferred rehab loan receiving $137,033, social service coordinator at Hamilton House receiving$4,000, the Trail Self Sufficiency Program receiving$7,000 and the single-family emergency repair program receiving$43,900. The purpose of the meeting tonight is to meet the technical requirement. The Mayor closed the Public Hearing. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 04-060 approving reallocation of$226,133 of 2002 Urban Hennepin County Community Development Block Grant Funds, and authorizing execution of Subrecipient Agreement with Hennepin County and any related Third Party Agreements. The motion passed 7-0. 7. Requests, Petitions, and C community Boards and Commissions - None 8. Resolutions, Ordinances, It was moved s 8a. Resolution approving changes to the Personnel Manual in sections relating to Fire Shift Supervisors: Fire Captain Ms. Gohman stated that they were coming before Council to allow the Fire Chief to hire three Fire Captains and to ask for adoption of policy language to meet the benefit structure for Fire Captains Over the last one and a half years, the Fire Chief has worked with the Human Resources Department and City Manager to create a revised organizational structure. The revised structure will bring in three captains. The new structure would be: Fire Chief, Battalion Chiefs now on days, and three Fire Captains to work on each shift based on a 24 hour schedule. The Fire Captain positions would be supervisory and will supervise overall operations. Market comparison with Richfield, Coon Rapids, Edina and Burnsvrlle_found these similar size cities have full-time Fire Captains. The conclusion is that the rate of pay for the position should be approximately$68,000 to meet the market. The Fair Labor Standards Act suggests that this type of position should receive overtime The position has been structured to be supervisory and was onginally prepared to be an exempt position. Staff now recommends that this be an exempt supervisory position, with the addition of overtime to the position. The overtime matches the market pay for other Fire Captains in the area Ms. Gohman reported they are seeking personnel manual language to set up the Fire Captains in the non-union setting as supervisors to receive flex leave and other exempt supervisory City Council Minutes -7- May 17, 2004 benefits package. The only addition is that the Fire Captains will receive overtime, based on market comparison. Ms. Gohman reported that there is a mix of junsdictions where fire captains are part of the bargaining unit. The comparison of similar sized cities showed most received overtime. She added that when positions are created in the City they are non-union positions Fire Chief Stemmer reported this change has been discussed with the union through labor management meetings. He stated that this would not contribute to layoffs and they are not increasing staff levels. Councilmember Sanger felt this would be sending a mixed message to be treated as exempt as well as an nonexempt employee to get overtime. She cannot support it with this kind of compensation structure. Councilmember Omodt shares these concerns. Mr. Harmening stated the 2004 budget assumes the Fire Captain positions are in place. Chief Stemmer reported that one Battalion Chief and the Deputy Chief positions have been eliminated and the new Fire Captain positions have no impact on the budget. He stated that the yearly compensation has been lowered to allow for the cost of overtime. Mr Harmening reported he met with the labor consultant, Cy Smythe of Labor Relations, and it was his interpretation of the regulations that the City is required to pay overtime. Councilmember Finkelstein felt first level supervisors belong in the bargaining unit. Ms. Gohman stated that the League of Minnesota Cities advised that it is acceptable to pay in excess of FLSA and it is within a comparable market. Councilmember Omodt shared his concerns about excessive overtime due to large fires, etc. Ms. Gohman then explained flex accrual for the Fire Captains and the need for them to work a 56 hour shift Ms Gohman said that the benefit packages in the City link directly to a statement called "exempt." Ms. Gohman stated that in order to receive a certain level of benefits there is a need to classify the Fire Captains as exempt. This is a term used by FLSA and also ties into the supervisory benefits package. Councilmember Basill inquired if there would be liability issues by classifying them as exempt and paying them overtime thereby eliminating exempt status. While he would like to see them paid fairly, he had concerns on the amount of overtime incurred on a yearly basis Ms. Gohman felt they were anticipating the same market conditions and pay. Mr. Harmening clarified that the position was onginally an exempt supervisory position without overtime but FLSA requires these positions be paid overtime. The job value was then lowered to allow for_overtime compensation. Councilmember Sanger suggested obtaining a second opinion with a true labor lawyer that specializes in FSLA. Mr. Harmening inquired if concerns were over cost or a different type of benefits package. Councilmember Sanger said the concern is not the cost, although it could be a problem if they incurred excessive overtime. Her concern was the benefits issues and the implications for the future. She wanted a clear statement whether they are either exempt or nonexempt. Councilmember Finkelstein felt this approach will affect first line supervisory ranks. The Mayor is prepared to support this or defer it to a study session. Councilmember Basill said it makes sense to defer it for more analysis, and he wants to pay competitively. City Council Minutes -8- May 17, 2004 Councilmembers Velick and Sanger said they thought a study session would be very helpful. Ms. Gohman would like to move the process along as quickly as possible as the Fire Department has been waiting for this for a long time. It was moved by Councalmember Sanger, seconded by Mayor Jacobs, to defer this item to a future Study Session. The motion passed 7-0. 8b. The Hockey Association and Benilde-St. Margaret's additional rental charges. Ms. Walsh reported that she had a verbal agreement with the St. Louis Park Hockey Association and Benilde-St Margaret's to eventually increase fees for ice time. Staff worked with both parties to get the agreement into wasting. A $10 per hour surcharge was agreed to for ice rental time. She said they wanted to relay the financing costs to both parties Both parties will be paying a$10 an hour surcharge until January 31, 2006. At that time, the refinancing savings will be realized and the surcharge will drop to $8 per hour, ending in 2018, when the bonds expire. After 2018, they will be paying the regular rental rate. In addition, the St. Louis Park Hockey Association had some other agreements with the City, and staff have combined all those agreements into one contract. Ms. Walsh responded that the contract with Benilde is the same with respect to the surcharge; however, Benilde does not operate a concession stand or have advertising nghts. It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to approve contracts with the Hockey Association and Benilde-St. Margaret's for additional ice rental charges to assist in funding the East Arena at The Rec Center. The motion passed 6-0-1. (Councilmember Omodt abstained.) 8c. First Reading of the Proposed Ordinance Code for Adding Fees for Solid Waste Services Over 180 Gallons. Mr. Merkley explained the current levels of service and:why the additional levels are being proposed Since letters were sent to 47 residents, two responded in opposition. Yoseph Heisler, 2933 Ottawa Ave S , stated that he feels there is a level of inequality in his paying additional charges. It will mean he pays $160 additionally a year. He wondered if the City understands some people will use the service more;,some people less: Councilmember Sanger pointed out some households setting out many containers of trash are actually operating small businesses. This contributes to large amounts of trash, but it also contributes to the service. Councilmember Finkelstein recommended people use less whenever they can. He said the Council is trying to encourage recycling and reduce trash. Councilmember Basill noted the families' needs are important, which is why there is no price increase from 120-180 gallons per week. Mayor Jacobs said the next generation need to be aware of the amount of trash and recycling each family produces. Mrs. Weinberg, 2818 Raleigh, stated families need to get excited about recycling. She suggested using one of the tall garbage bins for recycling. She recommended bringing back the City Council Minutes -9- May 17, 2004 recycling credit as an incentive. She noticed the rates increased twice in a year. Mr. Merkley said the garbage hauler highly encouraged the City to consider the single stream hauler, and that may be a way to increase recycling. He said there are additional recycling bins available, at no additional cost, to encourage recycling. Mickey Oshay, 4530 Park Commons Drive, #316, wanted to compliment the City for a very fair-minded system and the way it encouraged recycling. Councilmember Omodt wondered if there was any way to cross reference home businesses to find out if they are making more trash. Mr. Merkley said the trash collection is set up for households. Councilmember Omodt asked Mr. Merkley to inform the public about buying extra stickers for the extra bags of trash that won't fit inside the cart. Mr. Merkley stated they are sold at City Hall for$2.25 each. Councilmember Omodt thanked the families who came to the meeting, recognizing it was not the intention of Council to penalize large families for their garbage. If others wanted to be heard on this issue, there will be another reading in June, and discussion is encouraged if there is a problem. It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve First Reading of proposed Fee Ordinance Code modification adding additional garbage service levels over 180 gallons and set the second reading for June 7, 2004. The motion passed 6-1. (Councilmember Omodt opposed.) 8d. Request of TOLD Development Company for an amendment to the Comprehensive Plan to change the text and concept plan for Park Commons East (Excelsior and Grand) in the Redevelopment Chapter (Phase E, Park Commons East). Resolution No. 04-061 Ms. Erickson reported that the developer is asking for text amendments to the redevelopment chapter of the comprehensive plan. Staff recommends approval of the text changes. She stated that there will also be a PUD and plat for this phase. Councilmember Velick wanted to know if there is enough parking. Ms. Enckson said the developer has to produce 200 parking spaces for recreational use of Wolfe Park and the Rec Center. These have to be additional spaces, and must be accommodated in the Park Commons area. The office building will be able to share their daytime use parking spaces with a nighttime use. With the change to condominiums and retail, the-200-parking spaces-will-not be accommodated on this property. There are temporary spaces on Phase NW, to be paved for temporary parking for recreational purposes. Ms. Erickson reported that the other parking issue involves Westmoreland Condominiums and the retail center across Monterey which have lost on-street parking due to changes on Monterey Drive and Excelsior Blvd. On Phase E, there is now a temporary parking lot, and the patrons of the strip mall and visitors of Westmoreland are using it Staff does intend to do further research at a later time. Councilmember Basill is concerned with the parking also. In the interim, he is concerned with the small businesses on the corner. He thought they had identified parking behind the building. Mr. Harmening said the EDA does own the property Just south of the building at the NE corner of Excelsior and Monterey, where Salon One is located. He reported City Council Minutes -10- May 17, 2004 that it lends itself to a parking configuration. The comp plan amendment would not change with this site as parking. Mr. Harmening had spoken to one of the business owners in area, and agreed to put in a temporary lot on Phase E while looking at other parking options in area. He also spoke to the building owner of NE corner of Monterey and Excelsior about cooperation on a point parking area for his users, but there was no interest from the property owner. The on- street parking in Park Commons and Excelsior&Grand and parking ramps is public parking and they may not be conducive for the businesses owners. Mr. Harmening reminded Council they did authorize the redevelopment of that corner. Councilmember Sanger agreed the parking has changed for patrons of businesses and condominiums. This does put an additional parking detriment on the area, compared to the previous plan Mr Harmening noted that it was anticipated an office building will be built on Phase E and the structured parking for that office building would be used as valet parking for the restaurants in the Excelsior&Grand area, which in turn frees up other parking on decks and on the street. Because there is not going to be a deck on this property for office use, there is double use of the parking. For that reason, staff is asking TOLD to demonstrate that they will still be able to provide the 200 spaces on weekends, and 70 spaces during the week. If they cannot accomplish that, then one of the fixes would be to add on to one of their parking ramps They have not yet established this ability. Ms. Enckson added staff is looking at another parking study for the area, and has a proposal from Walker Parking Consultants. She stated that staff will have answers before coming back to Council with the PUD application. Councilmember Sanger commented on the loss of office space, and the original vision for the area which called for a live/work concept that cuts down on traffic. If approved with condominiums, she wanted to know if the developer was committed to putting offices into the next phase of this project. Bob Cunningham,TOLD Development Company, cannot make a commitment to office space at Excelsior& Grand, due to time frame remaining under development agreement. He stated they can make a commitment for additional housing, retail, parking, and improvements to streets and sidewalks at Excelsior&Grand. He showed a chart of office vacancy in western suburbs, saying the market,has gone from 10-11% vacancy to more than 20% vacancy since the development agreement was signed. Mickey Oshay, resident of Westmoreland Hills Condominium, said parking is the big issue. He has lived there since 1990. Because of all the current expansion, his pests have to park across Excelsior Blvd. or walk 2-3 blocks in the neighborhood across 36 on evenings and weekends. All of parking was lost on both sides of 36`h Street, Park Commons Drive, and the City lots has been lost. Condominiums rather than office space will increase the parking demand in evening and weekends. Eighty-eight condominiums means 100-200 extra cars. He wanted to let the City Council know that the residents of Westmoreland Hills are having parking problems. Julie Warner, owner of Salon One, said parking has gone away. The owner of the building has no space for parking, and in order to provide more parking, he might have to purchase land. She is womed about going out of business because of the lack of parking, as they have lost a number of customers. Councilmember Finkelstein wondered if parking spaces could be reserved in the development plan. Due to the property owner's lack of interest, Mr. Harmening noted that the City agreed to pave and pay for temporary parking of what is now Phase E of Excelsior& Grand He was not sure if it is the City's sole responsibility to make up a deficit on the Westmoreland Property or City Council Minutes -11- May 17, 2004 to make up for a deficit for other commercial uses in that area. Mayor Jacobs said he is concerned about taking parking away from a small business that have been in St. Louis Park for many years, and causing hardship for area residents. Mr. Harmening suggested continuing to look at the property just to the north of Salon One. TOLD has expressed an interest in that area as well. Councilmember Velick said she was unaware of parking problems until tonight, and wants to have further discussion. She would like to proceed with the TOLD resolution, as long as the 200 spaces are included. Ms. Enckson addressed the mix of uses on property, and the changes including condominiums rather than offices She pointed out there are a number of offices in the area, a bank building to be constructed on 36th &Beltline, the old Citizen's Bank building, as well as some other offices. Staff will continue to look for more office space office in the final phases. Mr. Cunningham said parking is very expensive. There is an opportunity in Phase E to build 57 parking spaces on grade. He said he is not willing to take on additional parking demands from neighbors. The recreational parking element, the 70 stalls during the day and 200 on the weekend is intended to serve Wolfe Park. He said they would spend$9,500 to revisit the parking issue with Walker Parking Consultants. They are also looking at solutions with the City on the parcel of land east of Monterey Dr, but no commitments could be made other than the recreational parking that they took on four years ago on Excelsior&Grand developments He stated that TOLD is taking 65 parking spaces out of Wolfe Parkway, north of Phase NE, but will replace them during the summer. This may not be favorable, because they will be taking out a surface lot that will be missed by users However, there is ramp parking across the street. They are willing to look at solutions so that everyone is comfortable with the parking situation by the end of the project For each and every stage, parking has been addressed and will continue to be addressed in the proposal for Phase E. It was moved by Councilmember Basill, seconded by Councilmember Velick, to approve and authorize publication of Resolution No. 04-061 amending the Comprehensive Plan, Chapter P —Redevelopment text describing the Park Commons(Excelsior & Grand) concept plan to allow the following subject to approval of the Metropolitan Council. • Allow Phase E to include approximately 13,000 square feet of ground floor retail and 88 condominiums(previously allowed 45,000 sq.ft. of office with a least 50%ground floor retail and 17 town homes.) • Allow a building-height of up to-5 stories on-Phase E(previously allowed up to 4 stories)without the 5th story set back. • Allow access to Phase E from Park Commons Drive and a surface parking lot along a portion of Park Commons Drive and Monterey Drive and The motion passed 6-0-1. Councilmember Finkelstein abstained. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to ask staff, the developer, and other business owners to work together to take a look at parking problem It was moved passed 7-0. City Council Minutes -12- May 17, 2004 1 All of the Council realizes appropnate parking is important for the long term success of Park Commons and local small businesses. There is a need to study parking now to make prudent decisions. This will be brought back to a Study Session'for review. Mr. Cunningham wanted Council to know Phase NE is being marketed, due to bank requirements for presale commitments, in order to start building. It is actually marketed in advance of final PUD approvals. . Mr. Oshay wondered if the lot just approved was strictly for retail. Mr. Cunningham said the lot was for the retailer, who would probably have evening hours. 9. Communications Councilmember Omodt said there will be over 100 baseball games in local parks, and people from 30 different area communities coming to our community. Mayor Jacobs thanked all who worked at the Ice Cream Social, !which was a very successful event with record breaking attendance. 10. Adjournment The meeting was adjourned at 10:30 p.m. ' '--)r-)e4'11"8"- 0. 5.. _ 417,,11 T .dpAgity Clerk ayor