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HomeMy WebLinkAbout2006/06/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 5, 2006 7:30 PM 6:00 p.m. Meet the new Finance Director – Bruce DeJong 6:30 p.m. Study Session 7:20 p.m. EDA Meeting 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Lee-Ann Stephens Teacher of the Year Recognition 2b. League of Women Voters Award Presentation “Women Who Make a Difference” 3. Approval of Minutes 3a. Study Session Minutes of May 8, 2006 3b. City Council Minutes of May 15, 2006 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed 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 6. Public Hearings 6a. Public Hearing to consider granting an off-sale intoxicating liquor license to Napa Jack’s, Inc., DBA Napa Jack’s, 4200 Minnetonka Boulevard, St. Louis Park, MN Recommended Action: Mayor to close the public hearing. Motion to approve an off- sale intoxicating liquor license for Napa Jack’s Inc., 4200 Minnetonka Blvd. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Resolution confirming the appointment of Bruce M. DeJong to the position of Finance Director. Recommended Action: Motion to adopt resolution confirming the appointment of Bruce M. DeJong to the position of Finance Director effective June 19, 2006. 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Recommended Action: Motion to adopt Resolution approving an amendment to the Comprehensive Plan from P – Park to RL – Low Density Residential for the property at 4525 Morningside. Motion to adopt Resolution approving Browndale Park Second Addition Preliminary and Final Plat. Planning Cases: 06-02-CP and 06-03-S 8c. Cedar Pointe Redevelopment – Conditional Use Permits and Variances Location: 5330 Cedar Lake Road Case No.: 06-36-CUP & 06-37-VAR Recommended Action: Motion to approve a Conditional Use Permit to allow a drive-through and 93% impervious surface coverage. Motion to approve Variances for 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines. 8d. Westwood Hills Nature Center – Conditional Use Permit (CUP) for Excavation Recommended Action: Motion to adopt a Resolution approving a Conditional Use Permit for Excavation. 8e. Hoigaard’s at Miracle Mile – Major Amendment to a Special Permit and Variance for a Tower Sign Recommended Action: Motion to adopt a Resolution approving the Major Amendment to a Special Permit for a building expansion and parking modifications. Motion to adopt a Resolution denying the Variance for a Tower Sign. 9. Communications 10. Adjournment 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. ST. LOUIS PARK CITY COUNCIL MEETING OF June 5, 2006 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are c onsidered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to approve payment to School District #283 for an operations grant for funding from Cable TV franchise fees of $35,000 for 2006. 4b. Louisiana Court Affordable Housing Incentive Fund Award 4c. Project Report: Water Project – Parkwoods Road Water Main Replacement – Project No. 2006-1900 4d. Motion to authorize solicitation of bids for fitness equipment funded by Wellness/Fitness Grant 4e. Motion to amend and restate resolution declaring 2006 City Council meeting dates 4f. Bid Tabulation: Motion to designate Concrete Idea, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $60,833.90 for the 2006 Sidewalk, Curb and Gutter Maintenance Project – City Project No. 20060003/20060004 4g. Motion to adopt second reading of an Ordinance approving the renaming of Stevens Drive to Westside Drive, approve summary and authorize publication. 4h. Motion to approve Resolution authorizing Gambling Premises Permit for Community Charities of Minnesota operating at American Legion Post 282, 5605 W. 36th Street. 4i. Motion to accept Board of Zoning Appeals Minutes of April 27, 2006 for filing. 4j. Motion to accept Parks & Recreation Advisory Commission Minutes of March 15, 2006 for filing. 4k. Motion to accept Human Rights Commission Minutes of February, 2006 for filing. 4l. Motion to accept Human Rights Commission Minutes of March, 2006 for filing. 4m. Motion to accept Human Rights Commission Minutes of April, 2006 for filing. 4n. Motion to accept Planning Commission Minutes of April, 2006 for filing. 4o. Motion to accept Planning Commission Minutes of May, 2006 for filing. 4p. Motion to accept Fire Civil Service Commission Minutes of February 6, 2006 for filing. 4q. Motion to accept Vendor Claims for filing (supplement) St. Louis Park Council Meeting Item: 060506 - 2a - Proclamation Recognizing Lee-Ann Stephens Page 1 PROCLAMATION RECOGNIZING LEE-ANN STEPHENS MINNESOTA TEACHER OF THE YEAR 2006 WHEREAS, Lee-Ann Stephens began teaching English and Language Arts at the Park Spanish Immersion School in 2002; and WHEREAS, the City of St. Louis Park is one of the 100 Best Communities for Youth in the nation and Lee-Ann’s devotion to her students supports the philosophy of Children First; WHEREAS, through her enthusiasm, passion for teaching and ability to make personal connections, Lee-Ann has earned the respect of peers, students and parents; and WHEREAS, Lee-Ann has made countless contributions in her commitment to teaching and Lee-Ann was selected as the Minnesota Teacher of the Year 2006 by Education Minnesota; and NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park wish to join in recognizing and congratulating Lee-Ann Stephens for her great accomplishment and for the honor of representing St. Louis Park and the State of Minnesota as a candidate for the National Teacher of Year in 2007. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of June, 2006. _________________________________ Jeffrey W. Jacobs, Mayor St. Louis Park Council Meeting Item: 060506 - 3a - Study Session Minutes Of May 8, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION May 8, 2006 The meeting convened at 6:31 p.m. Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Staff present: City Ma nager (Mr. Harmening); Community Development Director (Mr. Locke); Planning and Zoning Supervisor (Ms. McMonigal); Associate Planner (Mr. Fulton); City Clerk (Ms. Stroth); Management Assistant (Ms. Honold); Organizational Development Coordinator (Ms. Gothberg); and Recording Secretary (Ms. Samson). Guests present: Planning Commission members: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, and Carl Robertson. Lake Forest Neighborhood Association President Sharon Abelson. From Mobius: Will Stockton and Marjorie Herdes. 1. Zoning Code Amendments (Lot Divisions) Zoning and Planning Supervisor Meg McMonigal talked about lot divisions for existing platted parcels and design standards. Councilmember Basill said height of homes is a concern. Councilmember Basill said some of his neighbors have said that hardy board does not look as good as brick or stucco. He said if split lots are allowed, there must be strict architectural standards. Councilmember Basill said he doesn’t favor splitting lots if the splitting results in smaller lots. Councilmember Sanger is concerned because splitting lots is discretionary. The Council has a right to put additional controls on it, and it doesn’t make sense to her that a split lot meets the 2/3 provision of lot size requirements. How is it determined if a lot is compatible? What are the grounds for denial? An opportunity is needed up front to see the proposed home, otherwise, a decision is made in the abstract. Councilmember Carver suggested the ordinance be written in such a way as to induce the kind of behavior that is advantageous to the neighborhood. Ms. McMonigal asked what kind of design Council would like to see included for review in order to make judgments on a case-by-case basis. City Manager Tom Harmening suggested the Planning Commission figure out the design guidelines. Mr. Harmening said he is hearing that at least four Councilmembers favor giving the Planning Commission official review of lot divisions for existing platted parcels and provide recommendations. Ms. McMonigal distributed a subdivision analysis. Community Development Director Kevin Locke said if the current character of the neighborhood is to be protected, staff recommends creating a new single-family zoning district and setting a somewhat higher than 9,000 square foot lot size, which would reduce the number of lots that St. Louis Park Council Meeting Item: 060506 - 3a - Study Session Minutes Of May 8, 2006 Page 2 could be divided. Mr. Locke summarized that staff has identified some characteristics of the zoning code that could potentially be strengthened to prevent future subdivisions in large lot areas. Potential areas include increasing the minimum lot size, and minimum lot width, further regulating steep slopes and reducing maximum lot coverage. Mr. Harmening said he is hearing a consensus that creating at least one new zoning district has merit, and staff and the Planning Commission can work on this and get back with a recommendation. Councilmember Finkelstein would like to include France Avenue up to 26th. Mayor Jacobs remarked that there is a dichotomy of two legitimate public policy end results: preserve open space and urban infill. Councilmember Finkelstein said it is necessary to distinguish between platted lots versus nonplatted. Councilmember Sanger suggested having a moratorium for a limited period of time and state what specific goals would have to be accomplished within that period of time. One goal would be the development of large lot zoning district and a second goal would be a fresh look at the subdivision ordinance, leaving aside the platted lot question, and to be done within x number of months. Mr. Harmening suggested staff speak to the city attorney to see what the options are to craft a finely written moratorium on lot splits for a short period of time as seems reasonable to get a new zoning ordinance district in effect and a new subdivision ordinance. Mr. Harmening also suggested looking at just a residential moratorium that is defensible but also allows other things to happen in the community. Mr. Harmening will discuss with the city attorney. In regard to hardy board as a building material, associate planner Adam Fulton said staff is referring specifically to using hard y board on multi-family dwellings. Councilmember Sanger would like to know if the size of the pieces could be limited. Ms. McMonigal said staff can look at it more closely and limit the large panels. Councilmember Finkelstein said he is hearing people want a lesser percentage of hardy board as a class I material and prevent the big slabs of hardy board. Ms. McMonigal said staff will look at it. Councilmember Finkelstein asked if a definition for park is needed. Councilmember Sanger said every publicly owned parcel should be identified that doesn’t already have major buildings on it. She thinks the definition for parks should be broadened. Mr. Locke said, for starters, Council would like to have a parks and an open space zoning district, the issue will be creating that zoning category. Mr. Locke said there are two pieces to it: creating a zoning district in the ordinance and creating the map. Mr. Harmening said the outcome he hears is that Council wants a park and open space zoning district but there is no agreement to go through an elaborate process with neighborhoods. Mr. Harmening suggested appointed Commissioners be relied upon, and the Comprehensive Plan provides some guidance. Councilmember Paprocki requested that staff look at city-owned parks right away. St. Louis Park Council Meeting Item: 060506 - 3a - Study Session Minutes Of May 8, 2006 Page 3 Councilmember Sanger would like more elaboration in regard to the standards for maintenance of awnings and canopies and the application of how signs would work. The Planning Commission will address her concerns. In regard to establishing a maximum height in MX district, Councilmember Finkelstein suggested prohibit gaining height by adding more soil in order to get a better view. Councilmember Sanger requested staff to check on allowing greater height if one has more green space or open space around it to balance it. She wants to keep height of buildings near freeways. 2. Off-Sale Liquor Licenses City Clerk Nancy Stroth presented a staff report. Ms. Stroth said two representatives from Napa Jacks are present. Ms. Stroth asked Council what their concerns are regarding off-sale liquor licensing. Councilmember Carver said he doesn’t perceive a problem but he is not specifically in favor of a blanket number of liquor stores. Councilmember Omodt was concerned whether the police can effectively continue to enforce. Councilmember Finkelstein said off-sale stores have gone from 9 to 14 within the last year. Councilmember Finkelstein said there is no limitation as to where the liquor stores are located. Like Councilmember Carver, Councilmember Sanger doesn’t want to limit the number of liquor stores unless she hears some police concern about it. She would like to know why more liquor stores want to locate in St. Louis Park. Mayor Jacobs said he would be concerned about overtaxing the police department’s ability to enforce and the city clerk’s department to enforce the periodic background checks and the continuing licensing. Councilmember Paprocki thinks it is an appearance issue. Councilmember Paprocki said St. Louis Park currently has enough liquor stores to service St. Louis Park residents. He said appearance is reality and St. Louis Park has enough liquor stores. Besides appearance, Councilmember Basill’s concern is as the number of liquor stores increase, the more desperate they are to sell. Mayor Jacobs said he doesn’t think St. Louis Park should limit the number of liquor stores, however, have staff look at increasing fines for violations. Mr. Harmening said the police department has not been able to point to or suggest a nexus between the number of liquor licenses and crime and disorder for off-sale liquor sales. Like Councilmembers Basill and Paprocki, Councilmember Finkelstein thinks it is an appearance issue and the number of new off-sale establishments is too big of an increase for one year. Councilmember Sanger would like to know if it is possible to criminally charge the owner and not just the server. Management Assistant Marcia Honold said staff can return with best practices information. Mr. Harmening said he is not hearing agreement on limiting the number of liquor stores, not hearing distance requirements but he does hear requests to require mandatory training, look at penalties for violation and perhaps make those more stringent, he hears aesthetics and the need for best practices. St. Louis Park Council Meeting Item: 060506 - 3a - Study Session Minutes Of May 8, 2006 Page 4 Councilmember Basill said image and liquor store names do matter. Councilmember Omodt would like to consider proximity to schools. Item 4 was discussed prior to Item 3 4. Vision St. Louis Park Mr. Harmening asked Council if staff could move forward with the vision action teams. Councilmember Sanger thinks staff should move forward with the vision action teams, however, Council should choose the leaders for the action teams, and action teams should have the authority to identify their own sub-goals from the major goals stated. Organizational Development Coordinator Bridget Gothberg said the members of the action teams will be volunteers and staff could make recommendations for chairs. Ms. Gothberg and Mr. Harmening will meet with Jim Brimeyer next week to talk about his willingness to be the lead chair for all of the action teams such as he did in 1994. Councilmember Finkelstein asked once accepted would the Vision St. Louis Park 2006 be used as a blueprint. Absolutely! Mr. Harmening said Vision St. Louis Park is a major piece of information at the Council’s disposal, which articulates what the city has heard from the community. The Council indicated to move forward with the action groups. 3. Meadowbrook STEP and Children First Councilmember Sanger would like to discuss a philosophy regarding funding in general. Council discussed funding. Councilmember Omodt met with Meadowbrook staff and will present them with a draft plan and a public relations plan on May 9th. Councilmember Basill said there must be a way to keep them going so that they can be self- sustaining but an exit strategy is needed. He would like to see alternatives and a long term plan developed on how to keep Meadowbrook, STEP and Children First going. Councilmember Basill left at 9:07 p.m. Mr. Harmening asked how much funding to give. Councilmember Sanger suggested offering matching grants. Mayor Jacobs said there is a need to consider public safety and the city budget. Councilmember Carver said the money should come with strings attached. Mr. Harmening summarized the next step. The city is willing to consider up to $20,000 per Meadowbrook, STEP and Children First subject to certain conditions, i.e., these are challenge grants, to be available in January 2007, must be matched one-to-one, and the training piece may need to be added. Mr. Harmening will have conversations with Meadowbrook, STEP and Children First and return to Council for authorization with conditions spelled out. St. Louis Park Council Meeting Item: 060506 - 3a - Study Session Minutes Of May 8, 2006 Page 5 5. Motor Vehicle Sales Tax (MVST) Council discussed MVST. Councilmember Sanger offered additional language to the sample resolution, to request the legislature make up the funding difference created by moving MVST funds to transportation. Councilmember Omodt favors Councilmember Sanger’s edit to the sample resolution. Councilmember Carver is comfortable with it too. Councilmember Carver said a resolution does have a purpose, and St. Louis Park has a personal stake in transportation. He requested it be updated to reflect the new language. This item will go to the Council on May 15th. 6. Future Study Session Agenda Planning Mr. Harmening and the Council discussed study session agenda planning. Mr. Harmening will send an application to Councilmembers from the League of Minnesota Cities. The meeting ended at 9:45 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 15, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:37 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Public Works Director (Mr. Rardin), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. Proclamation Public Works Week Mayor Jacobs read the proclamation and thanked Mr. Rardin, Director of the Public Works Department. 3. Approval of Minutes 3a. Study Session Minutes of April 10, 2006 The minutes were approved as presented. 3b. Study Session Minutes of April 24, 2006 Councilmember Sanger indicated on the bottom of page one, the sentence should read, “Ms. Trummer said there are no current public relations plans.” Councilmember Finkelstein stated at the top of page two, before Housing Supervisor Michelle Schnitker spoke in reference to something he had stated. Insert, “Councilmember Finkelstein noted Meadowbrook was too important for them to let it fail. It would cost more money for the City with increased Police activity and calls to Meadowbrook by not providing funding than by working to ensure the program continued. He asked if they could do something, for example have people donate United Way contributions to Meadowbrook.” 3c. City Council Minutes of May 1, 2006 The minutes were approved as presented. St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 2 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Motion to Adopt Resolution No. 06-088 Authorizing the Special Assessment of Four Sewer and Water Service Line Repairs/Replacements 4b. Motion to amend contract 99-00 with WSB for providing Professional Services for Design and Construction Administration of Lamplighter Pond. 4c. Motion to adopt Resolution No. 06-089 accepting project report, establishing and ordering Improvement Project No. 2005-1200, approving plans and specifications, and authorizing advertisement for bids for the Ford Road Sanitary Sewer Lift Station Replacement – Project No. 2005-1200. 4d. Motion to Amend DNR Flood Mitigation Grant Agreement A48775 4e. Motion to adopt second reading of Ordinance No. 2316-06 approving the Vacation of a portion of Hampshire Avenue South, approve summary and authorize publication. 4f. Motion to adopt second reading of Ordinance No. 2317-06 amending the Official Zoning Map from C2 – General Commercial to IP –Industrial Park, approve summary and authorize publication. 4g. Motion to accept Vendor Claims for filing (supplement) Mr. Harmening stated the applicant requested item 8e be removed from the agenda. Staff will reschedule when appropriate. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda as amended and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Public Hearing – Modification to the Highway 7 Tax Increment Finance District and Establishment of the Highway 7 Corporate Center Tax Increment Finance District and Highway 7 Hazardous Substance Subdistrict Resolution No. 06-081 Mayor Jacobs opened the public hearing. Paul Hyde, Real Estate Recycling, thanked staff for their work on this project. Mayor Jacobs closed the public hearing. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt to adopt Resolution No 06-081 approving the modification to the Highway 7 Tax Increment Finance District, establishment of the Highway 7 Corporate Center Tax Increment St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 3 Finance District and Highway 7 Hazardous Substance Subdistrict and adopting a Tax Increment Financing Plan therefore. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Contract for Private Redevelopment including Property Conveyance and Lease Agreement between the City of St. Louis Park, St. Louis Park Economic Development Authority, and Highway 7 Business Center LLC Resolution No. 06-082 Mr. Hunt presented the staff report. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 06-082 approving a Contract for Private Redevelopment including Property Conveyance and Lease Agreement by and between the City of St. Louis Park, St. Louis Park Economic Development Authority, and Highway 7 Business Center LLC. The motion passed 7-0. 8b. Request by Real Estate Recycling (CPE Exchange 26084 LLC) to approve Preliminary and Final Plat of RER ADDITION and a Conditional Use Permit for excavation/fill of over 400 cubic yards of soil. Case No. 06-31-S and 06-32-CUP Resolution No.’s 06-083 and 06-084 Mr. Walther presented the staff report. Councilmember Sanger expressed concern about the effect on traffic with 2,600 truckloads of dirt being removed, particularly at the same time Sam’s Club was under construction and asked if it would be beneficial to limit hours. Mr. Walther replied the applicant would be working with the city, Sam’s Club and Methodist Hospital to coordinate the project schedule. There would be on-site staging. Mr. Harmening added dirt removal would be done over a three-month period. Mr. Walther added the intersections they would be entering were signalized, which would also help. Councilmember Paprocki asked if they would be using an incinerator for soil remediation. Mr. Walther replied no. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve Resolution No. 06-083 the Preliminary and Final Plat of RER Addition; and, approve Resolution No. 06-084 a Conditional Use Permit to allow for excavation/fill of more than 400 cubic yards of soil. St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 4 Councilmember Basill requested the developer take necessary precautions to reduce dust in the neighborhood. The motion passed 7-0. 8c. Request by Real Estate Recycling (CPE Exchange 26084 LLC) to approve a Conditional Use Permit for excavation/fill of over 400 cubic yards of soil and Landscaping Variance for property located at 7200 and 7250 Highway 7. Case No. 06-29-CUP, 06-33-VAR Resolution No. 06-085 Mr. Walther presented the staff report. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve Resolution No. 06-085 a Conditional Use Permit to allow for excavation/fill of more than 400 cubic yards of soil. The motion passed 7-0. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt, to continue the landscaping variance to the June 5, 2006 City Council meeting. The motion passed 7-0. 8d. Lou Park & River Pointe II (Bigos) Preliminary and Final Planned Unit Development. Case No. 06-30-PUD Resolution No. 06-086 Mr. Walther presented the staff report. Councilmember Sanger asked the rental range of the units. Councilmember Finkelstein responded $705-745 for one-bedroom, and $825-$840 for a two-bedroom. Councilmember Omodt asked if the applicant was present. Mr. Walther replied no, he believed they were planning to be here and possibly thought it would be later. It was moved by Councilmember Carver, seconded by Councilmember Paprocki, to approve Resolution No. 06-086 the Preliminary Planned Unit Development, subject to conditions as recommended by Staff. Councilmember Omodt asked if the applicant met with the neighbors regarding the height. Mr. Walther replied they met with the neighborhood in March and they were shown building plans. Neighbors’ concerns were related to construction activity and soil remediation. Councilmember Carver stated this site was in dire need of attention and not green space that could be retained. This would be a drastic improvement over the current situation. It was in a unique location and would be adjacent to a parking lot. The developer had come up with a positive addition to the community. He also supported the reduction in parking spaces. The motion passed 7-0. St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 5 8e. Hoigaard’s at Miracle Mile – Major Amendment to a Special Permit and Variance for a Tower Sign – Hoigaard’s Inc. - Case No. 06-19-CUP & 06-35- VAR This item was removed from the agenda at the applicant’s request. 8f. Resolution supporting the passage of proposed amendment to the Minnesota Constitution dedicating the Motor Vehicle Sales Tax to transportation. Resolution No. 06-087 Mr. Harmening stated following City Council’s direction at a study session, number two was added to the resolution. Councilmember Carver asked if Motor Vehicle Sales Tax (MVST) had gotten a new name. Mayor Jacobs replied it might depend on wording changes made by the legislature. Councilmember Carver clarified this was dedication of the Motor Vehicle Sales Tax to transportation, including public transit and roads. The City Council was being asked if they supported a constitutional amendment, which would be on the ballot in November. The question was whether residents think the state should dedicate the motor vehicle sales tax to transportation, some for roads and some for other transit infrastructure. Mayor Jacobs stated this had some impact on Highway 100. If this passed, there was some reasonable assurance by MnDOT that the Highway 100 full-build project may happen faster, although there was no guarantee. Councilmember Sanger though it was important to note if this constitutional amendment passed, it was possible this could also benefit St. Louis Park through construction of the proposed light rail transit. There were unknowns and this was not new money that would be dedicated to transportation. It would move money from the general fund to transportation needs. The people of Minnesota hadn’t been informed what the money was presently being used for. If it were redirected to transportation, which could benefit St. Louis Park, they should also have concerns about what wouldn’t be funded. She urged residents to inform themselves about the trade off’s before voting in November. Councilmember Finkelstein indicated he couldn’t support the motion, because he felt it was bad government policy. The Legislature had not done their job with highway and mass transit funding, and were asking them to govern through a constitutional amendment. He felt that was a bad precedence. The city has to act responsibly, which is why he voted to support the interim repair to Highway 100. St. Louis Park had several promises when MnDOT would repair Highway 100 and that hadn’t occurred and have no idea where the money would come from, if it would affect health, or come from education or human services. A better way to govern was through legislation, which meant taking a look at the gasoline tax. It had been over 18 years since there was an increase. They needed to fund mass transit, not just take it from another source. He was not able to support this. St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 6 Councilmember Paprocki stated this was a rare occasion where what happened in St. Paul would impact their constituents, which was why they had a resolution. The Council was trying to raise awareness about the upcoming vote and encourage residents to be educated, to vote and make their voices known. Councilmember Carver noted if voters didn’t mark anything on their ballot, it would be counted as a “No” vote. It was important people educate themselves. If this amendment didn’t pass, he believed citizens of Minnesota would be told that proves they don’t see a need for more money for transportation. Those in St. Louis Park know that is wrong and they are behind on mass transit and maintaining roads. The Council settled for an interim fix for Highway 100 because they had to do something. He urged those in St. Paul who had been elected to show leadership and find the right way to solve transportation problems. In his view the right thing to do was to vote in favor of the amendment because it does something for transportation, which wasn’t getting done and he didn’t believed would get done if this vote failed. Councilmember Sanger wanted to make sure the public was aware that one of the paragraphs of the proposed resolution was, “The City Council urges the Governor and State Legislature to provide replacement funding to the State’s general fund as a result of the Constitutional amendments redirection of motor vehicle sales tax dollars from the general fund to transportation and transit purposes.” If they are going to redirect funds for transportation, which could benefit St. Louis Park, that they find other means so healthcare, education, etc. are not adversely affected. Councilmember Omodt stated the City Council analyzed this at study session. Council does not do a lot of resolutions like this, but they amended it to make sure people knew this was not new funding, it was allocating funds differently, which meant something could be cut, possibly LGA (local government aid). Governing a state or city by method of these resolutions or state referendums is a lack of leadership. With the amendment, he would support this, but they may be facing other cuts just to get Highway 100 fixed. Councilmember Basill asked if other cities had passed similar resolutions. Mr. Harmening replied yes, many. Councilmember Basill commented he was concerned if it was the City Council’s place to bring resolutions like this forward. This particular resolution, out of all the resolutions he had seen, was the truest and most genuine that could have an affect on their City. With the addition of the second paragraph, they were putting their staff in a position (if it passes), to go to MnDOT to get funding for Highway 100. He traditionally had not supported these resolutions, but because of that he would support it to allow staff to lobby for funding. It was moved by Councilmember Carver, seconded by Councilmember Omodt, to approve Resolution No. 06-087 supporting the passage of proposed amendment to the Minnesota Constitution dedicating the Motor Vehicle Sales Tax to transportation. Councilmember Finkelstein noted there had been a number of promises from MnDOT when Highway 100 would be completed. They had been waiting patiently and it was because of pressure from the public and other groups that they had done the interim fix. Highway funding is in bad shape, there is something going wrong with the funding and St. Louis Park Council Meeting Item: 060506 - 3b - City Council Minutes Of May 15, 2006 Page 7 this would not fix it. Until they had an open and honest discussion at the Legislature about how much they care about mass transit, taking care of roads and having a funding levels that meet the present needs and future growth of the Twin Cities, it won’t get done. The motion passed 6-1 with Councilmember Finkelstein opposed. 9. Communications Mayor Jacobs reported Trader Joe’s had opened. The Ice Cream Social will be Sunday at Wolfe Park. 10. Adjournment The meeting adjourned at 8:23 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 060506 - 4a - CATV School District Funds Page 1 4a. Motion to approve payment to School District #283 for an operations grant for funding from Cable TV franchise fees of $35,000 for 2006. BACKGROUND: City as Grantor The School District has received funding from Cable TV franchise fees since 1982, and since 1996 the Telecommunications Commission has reviewed the District’s request and recommended action to the City Council. The Commission has traditionally felt that franchise fees should be used to produce programming and District video text display for Educational Access Channel 14, which benefits all Cable TV viewers. In 2001, at the request of the School District and Commission, the Council increased the operations grant to $35,000, which covers most of the District Video Technician’s salary and benefits. Starting in 1998, the Commission recommended separate grants for operations and equipment, basing the equipment grants on District proposals. These grants are just a part of the budget for educational access; the School District also financially supports cable TV efforts. The equipment grant was discontinued in 2003 for budget reasons. The City received an additional equipment grant of $100,000 from Time Warner Cable on December 31, 2003, and granted $31,500 to the School District in 2004. At this point about $28,000 of that grant hasn’t been spent because it was going to be used to upgrade the studio, but those plans went on hold since the video production classes at the High School were discontinued. The Pavek Museum has decided not to build a TV studio to replace the Time Warner Cable studio which closes at the end of the year. Community TV needs the High School studio to be upgraded so there is a studio available after Time Warner’s studio closes. So the District plans to spend the $28,000 on studio upgrades and equipment to send video signals across their fiber optic network. At the May 4, 2006 meeting, the Telecommunications Commission unanimously passed a motion to approve the District’s request for a $35,000 operations grant for 2006. No equipment grant was requested. There is no requirement in the franchise to provide franchise fees to the School District for their cable TV operations. St. Louis Park Council Meeting Item: 060506 - 4a - CATV School District Funds Page 2 Budget Information Franchise fees collected from Time Warner Cable have grown because of annual price increases and the rapid growth of digital cable services. Time Warner Cable Customers Date Total customers Basic only Digital Cable 3/2002 12,997 1,607 3,351 3/2003 12,981 1,833 3,292 3/2004 13,207 1,849 3,602 3/2005 13,199 1,904 3,658 10/2005 13,241 1,898 3,933 School District Grant History from cable franchise fees Year Operations Grant Equipment Grant Total School District Grant Franchise Fees Additional funding (franchise required equipment grant) 1994 25,000 18,000 Est. 43,000 170,561 72,000 1995 25,000 25,000 184,860 - 1996 25,000 25,000 213,706 - 1997 25,000 25,000 233,781 - 1998 25,000 8,000 33,000 255,387 -- 1999 25,000 36,167 61,167 279,970 86,000 2000 25,000 12,900 37,900 310,713 Digital services introduced June, 2000 2001 35,000 15,000 50,000 379,000 - 2002 35,000 38,000 73,000 385,545 - 2003 35,000 0 35,000 368,917 - 2004 35,000 31,500 (from $100K grant) 66,500 425,208 100,000 received 12/31/03 2005 35,000 0 35,000 421,959 - 2006 Propose 35,000 0 Propose 35,000 Estimate 464,000 - RECOMMENDATION: Motion to approve payment to the School District of an operations grant of $35,000 for 2006. Prepared by: Reg Dunlap and John McHugh, TV Coordinators Through: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4b - Affordable Housing Incentive Fund (AHIF) Support Letter 2006 Page 1 4b. Motion to Approve the Louisiana Court Affordable Housing Incentive Fund Award RECOMMENDATION: Motion to adopt Resolution approving the participation of Hennepin County Housing and Redevelopment Authority (HCHRA) in the Louisiana Court development through the award of Affordable Housing Incentive Funds (AHIF) to assist in financing capital improvements. PURPOSE: The purpose of this report is to request the City Council’s support and approval of HCHRA’s participation in the Louisiana Court development. HCHRA recently awarded a $500,000 deferred loan from the 2006 Affordable Housing Incentive Fund (AHIF) to Project for Pride in Living (PPL) to assist in funding capital improvements at Louisiana Court. BACKGROUND: At the May 1, 2006 City Council meeting, the Council approved the required loan documents to provide a $400,000 deferred loan to the Louisiana Court Limited Partnership to assist with the capital improvements at Louisiana Court. The $400,000 deferred loan will be utilized in conjunction with other financial resources provided by MHFA, the County, PPL and the Limited Partner, ESIC, to complete an estimated $2,507,000 in capital improvements at the development. The capital improvements are one of several components of PPL’s Stabilization Plan for Louisiana Court. HCHRA initially committed $550,000 from the 2005 AHIF for use in funding capital improvements at the Louisiana Court apartment complex. In April 2006, HCHRA awarded an additional $500,000 in 2006 AHIF funding. The most recent award increased the County’s total financial commitment for capital improvements at the development to over $1,600,000. The County Board approved the award of 2006 AHIF funds to Project for Pride in Living contingent upon city support and consent that HCHRA participates in this project in St. Louis Park. Total funding resources designated to initiate capital improvements at Louisiana Court and to replenish project reserves include: • Syndication Proceeds from ESIC: $1,687,000 • Hennepin County Affordable Housing Incentive Fund (AHIF): $1,050,000 • MHFA Super RFP: $200,000 • Hennepin County HOME: $500,000 • City of St. Louis Park $400,000 • General Partner Capital $124,000 • Hennepin County Lead Abatement: $60,000 Total: $4,031,000 Attachments: Resolution Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4b - Affordable Housing Incentive Fund (AHIF) Support Letter 2006 Page 2 RESOLUTION NO. 06- 091 RESOLUTION APPROVING THE AWARD OF AFFORDABLE HOUSING INCENTIVE FUNDS AND THE PARTICPATION OF HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN THE LOUISIANA COURT APARTMENT COMPLEX WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) has approved the award of a $500,000 Affordable Housing Incentive Fund loan to Project for Pride in Living for the purpose of funding capital improvements at the 129 unit Louisiana Court apartment complex: and WHEREAS, the rehabilitation and improvement of the Louisiana Court apartments will preserve the supply of affordable housing in the City of St. Louis Park by enhancing the livability of the development and stabilizing the housing for households with incomes at or below 60 percent of area medium income; and WHEREAS, the loan from HCHRA will complete the financing required for the capital improvements to go forward. BE IT RESOLVED, the City Council approves the award of the 2006 Affordable Housing Incentive Fund loan to Project for Pride in Living and consents to the participation of the Hennepin County Housing and Redevelopment Authority in the Louisiana Court development. NOW THEREFORE, BE IT RESOLVED THAT, the City Council approves the award of the 2006 Affordable Housing Incentive Fund loan to Project for Pride in Living and consents to the participation of the Hennepin County Housing and Redevelopment Authority in the Louisiana Court development. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 4c - Approve Watermain Replacement Project Parkwood Rd Page 1 4c. Motion to adopt resolution accepting the Project Report, establishing and ordering Improvement Project No. 2006-1900, approving plans and specifications, authorizing advertisements for bids. BACKGROUND: The City owns and maintains over 140 miles of underground water main. A majority of the city’s water main is cast iron pipe which was installed in the 1950 and 60’s. As part of the Public Works Utility Division’s asset management program, staff monitors, inspects and repairs the water distribution system where needed. Information with regards to repair work on the system is recorded and entered into a data base to create a history of repairs. Staff uses this information to evaluate the system and help identify particular problem segments that may need replacing. A replacement program has been established by the Public Works Department that provides for the replacement of water main in coordination with the pavement management program. ANALYSIS: Staff evaluated the water distribution system in this year’s pavement management work area to identify any problem segments that may need replacing. None were identified. Further evaluation outside of the pavement management area identified a problem segment on Parkwood Road. The water main beneath Parkwood Road between the Hwy 100 Frontage Road and Cedarwood Road, an 1130 foot segment, has a history of 11 repairs associated to water main breaks. Staff selected this segment for replacement in 2006 and has prepared plans and specifications for the construction. In preparing plans for this project, staff examined two different methods of replacing the water main. One method is the common open trench method where a trench is excavated to expose the water main for replacement. The other method is called “pipe bursting” which is a trenchless method where the water main is replaced underground. Staff proposes to replace the water main on Parkwood Road using the pipe bursting method. With this method of water main replacement a short trench or hole is excavated on each end of the water main segment that is to be replaced. A short piece of water main is then removed from each hole and a cable or series of connecting rods is then fed through the length of water main. The cable is then attached to a pneumatic device which is pulled through the water main while it cuts, expands and breaks the old pipe while at the same time a new plastic pipe is pulled into the location of the old pipe. By using this method of installation, it will be easier to maintain traffic along Parkwood Road during construction. It is also a quicker method to replace the water main than with the traditional open trench method. By using this method, it will preserve nearly all of the boulevard trees and plantings which would otherwise would be lost using the open trench method. And finally, the street restoration expenses will be significantly reduced by using the pipe bursting method; therefore, the pipe bursting method is considered safer and more cost effective than the open trench method when considering all factors. Impact on Private Property: All of the proposed work will occur within the City’s right-of-way. During the replacement of the water main it will be necessary to provide temporary water service to the homes on Parkwood Road. There may be a short period where residents will be without water service, approximately 1 to 2 hours during the daytime while their water supply is being switched between the temporary and permanent service. The contractor will be responsible for providing the temporary water service. Any water shut offs at the resident’s home will be performed by City crews. St. Louis Park Council Meeting Item: 060506 - 4c - Approve Watermain Replacement Project Parkwood Rd Page 2 Some of the residents along the west side of Parkwood Road will have their driveway entrances disturbed during the water main replacement. This will result in periods of restricted access to the driveway. Typically driveway access is restored by the end of each work day, however if new concrete driveway aprons are poured, access will be restricted for 7 days while the concrete is allowed to cure. COSTS AND FUNDING: The Engineer’s Estimated for the proposed water main replacement is $208,540 which includes 15% for contingencies and 12% for engineering and administration. The Department has budgeted $296,000 for this water main replacement. Funding will come from the Water Utility Fund PUBLIC PROCESS: Staff held a public information meeting at Benilde-St. Margaret’s on April 27th to discuss the project with the Parkwood Road residents and the Lake Forest Neighborhood Association leaders. Eight people attended the meeting. Staff discussed the aspects of the project and the expected impacts during construction. One of the common questions asked by residents was if there would be an assessment. Staff explained that the project would be paid for by the Water Utility Fund which is financed by the water utility fee collected on their water bill. They were informed that they would only be without water service for a short period of time, approximately 1 to 2 hours during the daytime while their water service was being connected to the new main. Otherwise, there will be temporary water service provided to the homes in this block while the new water main is being replaced. The contractor will be responsible for providing the temporary water service. Any water shut offs at the resident’s home will be performed by City crews. 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 June 5, 2006 • Advertise for bids June • Bid Opening June 29, 2006 • Bid Tab Report to City Council; Award contract July 10, 2006 • Construction Late July-August 2006 RECOMMENDATION: Staff recommends approval of the Project Report and adoption of the attached resolution which establishes and orders Improvement Project No. 2006-1900, thereby authorizing staff to advertise for bids. Attachments: Resolution Project Map (Supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Mike Rardin, Public Works Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4c - Approve Watermain Replacement Project Parkwood Rd Page 3 RESOLUTION NO. 06-092 RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2006-1900, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2006-1900 WHEREAS, the City Council of the City of St. Louis Park has received a report related to the Water Project, Parkwood Road Water Main Replacement – Project No. 2006-1900. 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. 2006-1900 is hereby accepted. 2. Such improvement as proposed is necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2006-1900, is hereby established and ordered. 4. The plans and specifications for the making of the improvement, 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 at least one week in the Construction Bulletin, an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time of receipt of bids, and specify the work to be done, state 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 for award of contract. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 4d - Wellness-Fitness Grant Authorization For Request For Proposal Page 1 4d. Motion to authorize solicitation of bids for fitness equipment funded by Wellness/Fitness Grant BACKGROUND: With cardiovascular disease being the number one killer of firefighters today the fire department, in conjunction with the union, applied for and received a Wellness/Fitness grant from the Department of Homeland Security (Assistance to Firefighter Grant Program), in the amount of $98,505. The City’s obligation is a 10% match of the funds. This grant is to create a comprehensive Wellness/Fitness program based on the International Association of Fire Chiefs (IAFC) and the International Association of Firefighters (IAFF) Joint Initiative. The grant outlines a program including; • Access to high quality aerobic and strength conditioning equipment in the stations • A comprehensive incentive program that rewards continued participation • An entry medical exam • An entry physical fitness analysis • Fitness and injury prevention programs led by certified fitness trainers • An immunization program • Diet, Nutrition, and Lifestyle programs • Access to a professional stress management program • On-going medical screenings • On-going physical fitness assessments This report covers the RFP for the equipment purchase for the grant. The incentive program will be defined at a later date. The Fire Department is in the process of defining the user’s agreement with City Staff. ANALYSIS: The proposed equipment would allow for the Fire Department to meet their obligations within the grant, and provide enhanced benefits for the Paid-on-call Firefighters. The Fire Department has allocated space in each station for the equipment requested. Emphasis will be on aerobic and strength training. Each exercise area will be equipped with the aerobic machines recommended by the Joint Initiative, including Step-mills, Treadmills, Elliptical Cross- trainers and Bicycles. Each exercise area will also be equipped with free weights, a Multi Station Gym, dumbbells and strength assessment machines. The cost of the equipment is budgeted at approximately $55,300. Program Considerations This Joint Initiative between the International Association of Firefighters (IAFF) and the International Association of Fire Chiefs (IAFC) is considered to be the “Gold Standard” for Fire Department Wellness/Fitness Programs. Locally, the Fire Chief, IAFF Local 993, and the Paid- On-Call Firefighters have come together in support of this initiative. The requested equipment will allow firefighters (and possibly other City employees) to improve their ability to do their job and lower the potentiality for injuries while on-duty. St. Louis Park Council Meeting Item: 060506 - 4d - Wellness-Fitness Grant Authorization For Request For Proposal Page 2 The grant will cover the first year costs for the “Gold Standard” and the Fire Department is already looking at ways to continue the program into the future without significant budgetary impact. If the program was continued at the “Gold Standard” level, the estimated annual expense to the City would be between $7500-15,000, depending on participation, per year. One example to lower those costs would involve the Fire Department working with individuals and their insurance to provide continued program support with their personal physicians. The Fire Department appreciates the support of the City Council on this progressive Wellness program. COST AND FUNDING: The Fire Department has estimated the cost of the equipment at $55,500, just over one half of the grant total. This is a “hardware cost” of the program and the most expensive piece of any Wellness/Fitness Program. The cost components of the entire program are as follows: Equipment $57,490 Medical and Physical Evals $40,800 (for all 54 members) Incentives $8,160 Peer Fitness Certifications $3,000 (five members in June, 2006) PROJECT TIMELINE: Should the City Council approve the Fire Department’s Report, the following schedule is proposed: • Approval of Plans/Authorization to Bid by City Council June 5, 2006 • Advertise for bids June 15, 2006 • Bid Opening June 30, 2006 • Bid Tab Report to City Council; Award contract July 10, 2006 • Receive Equipment August-September 2006 Attachments: Resolution Prepared By: Mike Dobesh, Battalion Chief Reviewed By: Luke Stemmer, Fire Chief Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4d - Wellness-Fitness Grant Authorization For Request For Proposal Page 3 RESOLUTION NO. 06-093 RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S REPORT, APPROVING BID SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT TO SOLICIT BIDS WHEREAS, Cardiovascular Disease is the number one killer of firefighters in the nation. WHEREAS, The Chief and the administration of the Fire Department, IAFF Local 993, and the Paid-on-call Firefighters have worked together to develop the Wellness/Fitness Program and that support continues working with City Staff on the implementation of a City-wide initiative. WHEREAS, the Fire Department of the City of St. Louis Park has received a Grant from the Department of Homeland Security for a Fire Department Wellness/Fitness Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Fire Department’s Report regarding the Equipment RFP is hereby accepted. 2. The specifications for the making of the proposal, as prepared under the direction of the Fire Chief, are approved. 3. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper an advertisement for bids for the making of said proposal under said-approved 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. 4. The bids shall be tabulated by the Fire Department who shall report the tabulation and recommendation to the City Council. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 4e - Amend And Restate Resolution 2006 Council Meetings Page 1 4e. Motion to amend and restate resolution declaring 2006 City Council meeting dates BACKGROUND: The City Council adopted a resolution in 2005 redefining the holidays recognized by the Council for meeting purposes. The resolution states that the Council will reschedule meetings that would fall on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, and Passover. The resolution should have included the following language as well: For New Year's Day Christmas Day and Yom Kippur, this includes the evening before the holiday. For Rosh Hashanah and Passover, this includes the evening before the holiday and includes the first and second evenings of the holiday. Staff has amended and restated the resolution declaring the 2006 City Council meeting dates to include the omitted language and to insert language that the Council will provide reasonable accommodation to residents who observe holidays that conflict with the official meeting calendar. Attachments: Resolution Prepared by: Marcia Honold, Management Assistant Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4e - Amend And Restate Resolution 2006 Council Meetings Page 2 RESOLUTION NO. 06-094 RESOLUTION DECLARING 2006 CITY COUNCIL MEETING DATES (Amending and Restating Resolution No. 06-006) WHEREAS, the City Council Rules and Procedures require Council to annually declare its public meetings for the year; and WHEREAS, the City Council takes holidays into consideration when declaring public meetings and has chosen not to meet on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh Hashanah, Yom Kippur, and Passover of each year. For New Year's Day Christmas Day and Yom Kippur, this includes the evening before the holiday. For Rosh Hashanah and Passover, this includes the evening before the holiday and the first and second evenings of the holiday; and WHEREAS, regular meetings will be held on the first and third Mondays of each month at 7:30 p.m. If the meeting date falls on a holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance. Regular meetings can be cancelled or rescheduled at any time, provided Council meets at least once per month, and WHEREAS, the City Council recognizes that not all religious holidays are included in this resolution and the Council makes it known that reasonable accommodation will be made for religious reasons when notified by an applicant or a member of the public, NOW, THEREFORE BE IT RESOLVED that the City Council of St. Louis Park has reviewed Exhibit A and declares those dates to be the public meeting dates of the City Council. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 4e - Amend And Restate Resolution 2006 Council Meetings Page 3 Exhibit A 2006 City Council Meeting Dates (All meetings will occur on Mondays unless otherwise noted) Jan. 3 Regular Meeting (Tues. due to New Years Day) June 26 Study Session Jan. 9 Study Session July 10 Regular Meeting/Study Session Jan. 17 Regular Meeting (Tues. due to Martin Luther King Jr. Day) July 17 Regular Meeting Jan. 23 Study Session July 24 Study Session Feb. 6 Regular Meeting Aug. 7 Regular Meeting Feb. 13 Study Session Aug. 14 Study Session Feb. 21 Regular Meeting (Tues. due to President’s Day) Aug. 21 Regular Meeting Feb. 27 Study Session Aug. 28 Study Session Mar. 6 Regular Meeting Sept.5 Regular Meeting (Tues. due to Labor Day) Mar. 13 Study Session Sept. 11 Study Session Mar. 20 Regular Meeting Sept. 18 Regular Meeting Mar. 27 Study Session Sept. 25 Study Session Apr. 3 Regular Meeting Oct. 3 Regular Meeting (Tues. due to Yom Kippur) Apr. 10 Study Session Oct. 9 Study Session Apr. 17 Regular Meeting Oct. 16 Regular Meeting Apr. 24 Study Session Oct. 23 Study Session May 1 Regular Meeting Nov. 6 Regular Meeting May 8 Study Session Nov. 13 Study Session May 15 Regular Meeting Nov. 20 Regular Meeting May 22 Study Session Nov. 27 Study Session June 5 Regular Meeting Dec. 4 Regular Meeting June 12 Study Session Dec. 11 Study Session June 19 Regular Meeting Dec. 18 Regular Meeting St. Louis Park Council Meeting Item: 060506 - 4f - Bid Tab Report - Sidewalk Maintenance Annual Repairs Page 1 4f. Bid Tabulation: Motion to designate Concrete Idea, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $60,833.90 for the 2006 Sidewalk, Curb and Gutter Maintenance Project – City Project No. 20060003/20060004 BACKGROUND: Bids were received on May 18, 2006 for the repair and construction of sidewalk, and curb and gutter at various locations in the city. Staff annually surveys the condition of the sidewalk to identify hazards for repair. Panels of sidewalk that are cracked or have been lifted by tree roots and create trip hazards are removed and replaced under this contract. Curb and gutter with similar defects that create drainage problems are also repaired. Most of this work will be concentrated in this year’s sealcoating area, west of Hwy 100 and south of the Southwest Regional Railway corridor. An advertisement for bids was published in the St. Louis Park Sun-Sailor on May 4 and 11, 2006, and in the Construction Bulletin on May 5 and 12, 2006. A total of three (3) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Concrete Idea, Inc. $ 60,833.90 Ron Kassa Construction $ 63,654.50 Ti-Zack Concrete, Inc. $ 68,166.50 Engineer’s Estimate $ 89,107.50 EVALUATION OF BIDS: A review of the bids indicates Concrete Idea, Inc. submitted the lowest responsible bid. This contractor has satisfactorily completed projects in the past for the City. FINANCIAL CONSIDERATIONS: Funds for this maintenance project are allocated in the Public Works Operations budget and the Pavement Management budget. $85,000 of the Operations budget is available for sidewalk repairs. $50,000 of the Pavement Management budget plus $15,000 of the Operations budget is available for curb and gutter repairs. CONSTRUCTION TIMELINE: Work is anticipated to occur in June and July. Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Michael P. Rardin, Director of Public Works Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4g - 2nd Reading of Ordinance Name Change – Stephens Dr to Westside Dr Page 1 4g. Motion to adopt second reading of an Ordinance approving the renaming of Stevens Drive to Westside Drive, approve summary and authorize publication. DESCRIPTION: The applicant, Luther Westside Volkswagen, requests the City rename Stephens Drive to Westside Drive. The location of Stephens Drive is identified in the attached aerial photo. The City Council approved the first reading of this ordinance on April 17, 2006. Approval of the second reading is required to adopt the ordinance and change the street name. BACKGROUND: Attached is a letter from Luther Westside Volkswagen (Luther) asking for Stephens Drive to be renamed to Westside Drive. Also attached is the staff report for the first reading of the proposed ordinance which was conducted on 4/17/06. At that meeting the council approved the first reading, and the second reading was held off until MNDOT confirmed the cost of changing the names on their highway signs. Staff recently received confirmation from MNDOT that the estimated cost would be $4,500. Add that together with the city’s estimated cost of $600 for replacing the city street signs, and the total cost to Luther is estimated to be $5,100. Luther has agreed to pay the cost, and staff will receive a cash escrow before the name change is processed. Novartis is the only other property on Stephens Drive. Staff contacted them, and they have no concerns with the name change. Their address is off of 23rd Street, so they are not required to change their address. RECOMMENDATION: Staff recommends approval of second reading and summary publication of the attached Ordinance renaming Stephens Drive to Westside Drive with the condition that Westside Luther Companies pay for all the cost associated with the renaming. Attachments: Proposed Ordinance Summary Ordinance for Publication Letter from Luther Westside (supplement) 4/17/06 Staff Report (supplement) Prepared By: Gary Morrison, Assistant Zoning Administrator Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4g - 2nd Reading of Ordinance Name Change – Stephens Dr to Westside Dr Page 2 ORDINANCE NO 2318-06 ORDINANCE RENAMING STEPHENS DRIVE TO WESTSIDE DRIVE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. WESTSIDE DRIVE That the street heretofore designated Stephens Drive lying between State Hwy No 100 S and a line parallel and 1,000 feet west of State Hwy No 100 S is hereby changed and renamed Westside Drive. Section 2. Effective Date This Ordinance shall take effect fifteen days after its publication. First Reading April 17, 2006 Second Reading June 5, 2006 Date of Publication June 15, 2006 Date Ordinance takes effect June 30, 2006 Reviewed for Administration Adopted by the City Council June 5, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park Council Meeting Item: 060506 - 4g - 2nd Reading of Ordinance Name Change – Stephens Dr to Westside Dr Page 3 SUMMARY ORDINANCE NO.2318-06 ORDINANCE RENAMING STEPHENS DRIVE TO WESTSIDE DRIVE This ordinance states that the street heretofore designated Stephens Drive lying between State Highway No. 100 South and a line parallel and 1,000 feet west of State Highway No. 100 South is changed and renamed Westside Drive. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 5, 2006 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: June 15, 2006 St. Louis Park Council Meeting Item: 060506 - 4h - Gambling Community Charities At American Legion Page 1 4h. Motion to approve Resolution authorizing Gambling Premises Permit for Community Charities of Minnesota operating at American Legion Post 282, 5605 W. 36th Street. BACKGROUND: Community Charities of Minnesota has submitted an application to the City of St. Louis Park for a gambling premises license. Licensed gambling has been in operation at the American Legion Post 282 for many years, and pull-tabs are already in progress at this location under a previously issued permit. The owner of the American Legion desires a change in operators due to a mutual agreement with the current operator. Community Charities of Minnesota is a non-profit charitable fundraising organization currently operating at Texa Tonka Lanes, Park Tavern and similar establishments throughout the state. All current requirements for issuance of the license have been met. The Police Department has conducted a background investigation on the organization, its officers and related personnel. This action does not require a public hearing as the building location meets all proximity requirements in the ordinance. RECOMMENDATION: License materials are in order and the staff recommends approval. Should the City Council approve the application, the resolution of approval will be forwarded to the State Gambling Control Board who is responsible for issuing the license. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 4h - Gambling Community Charities At American Legion Page 2 RESOLUTION NO. 06-090 RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT TO COMMUNITY CHARITIES OF MINNESOTA TO CONDUCT LAWFUL GAMBLING AT AMERICAN LEGION POST 282 5605 W. 36TH STREET, ST. LOUIS PARK WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Section 15, provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed above meets the criteria necessary to receive a premises permit, and the application is hereby approved. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 1 MINUTES OF APRIL 27, 2006 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Thursday, April 27, 2006, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Acting Chair James Gainsley Commissioner Susan Bloyer Commissioner Paul Roberts Commissioner Henry Solmer Members Absent: Chair Ryan Burt Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Acting Chair Gainsley called the regular meeting to order at 7:00 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Bloyer, seconded by Commissioner Solmer to approve the following minutes as presented with one correction: Page 1, Chair Burt called the Meeting to Order not Acting Chair Roberts. 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated March 23, 2006. Motion Carried. Voting Yes: Gainsley, Bloyer, Roberts, and Solmer. Voting No: None. 3. CONSENT AGENDA None 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 06-38-VAR – The request by Kevin Schreifels from the requirements of Section 36-163(f)(3) of the zoning Ordinance to allow the addition of an attached garage to the house with a one foot, eight inch side yard abutting the street instead of the required 15 feet for property located at 4349 Browndale Avenue South. St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 2 Staff believes all of the criteria have been satisfied, staff recommends adoption of the attached Resolution #08-06 approving 13 foot, 4 inch variance to the required 15 foot side yard abutting the street with the condition that the addition be constructed in accordance to the attached site plan and elevation exhibits. Mr. Morrison informed the Commissioners that a letter of concern was submitted by Conn Legeros a neighboring property at 4351 Browndale Avenue South. Mr. Legero’s is not against the proposed project but is concerned that water run off from the street could drain into his garage. With no questions, Acting Chair Gainsley opened the public hearing. Kevin Schreifels, applicant of 4349 Browndale Avenue South, informed the Commissioners that he is working with a construction engineer to ensure that his garage will not have water leaking into the garage. Mr. Schreifels explained to the Commissioner’s that he has had numerous problems with kids vandalizing his vehicles and has endured numerous expenses to repair the vandalism. He would like to construct a garage that is usable and this would prevent future vehicle vandalism. With no questions, Acting Chair Gainsley closed the public hearing. Commissioner Roberts feels the pie shape lot is unique and the lot grade is difficult to work with and would be in favor of granting this variance. Commissioner Bloyer agrees with Commissioner Roberts findings. Commissioner Solmer stated that he visited the site and felt that if Mr. Schreifels were to relocated the garage to the rear of the yard it would be intrusive to the neighbors and the park. He is in favor of staff’s recommendation to grant the variance. Motion by Acting Chair Gainsley, seconded by Commissioner Bloyer, to adopt Resolution #08- 06, approving a variance to allow the addition of an attached garage to the house with a one foot, eight inch side yard abutting the street instead of the required 15 feet with the condition that the addition be constructed in accordance to the attached site plan and elevation exhibits for property located at 4349 Browndale Avenue South. Motion Approved. Voting Yes: Gainsley, Bloyer, Roberts, and Solmer. Voting No: None. B. Case No. 05-80-VAR – The request by b. Aaron Parker & Associates/Metropeligo P.C. from the requirements of Section 36-193(f)(3), 36-361(c)(1), 36-193(f)(2) and 36- 193(f)(7) of the zoning Ordinance to allow a side yard abutting the street of 10 inches, allow 42 parking stalls instead of the required 47 stalls, allowing the floor area of ratio to exceed 1.2 and to allow a rear yard setback to be less than 20 feet for property located at 4200 Minnetonka Boulevard. St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 3 Staff believes all seven of the required criteria have been satisfied, staff recommends adoption of the attached Resolution #04-06 for all of the requested variances and recommends the enclosed Resolution approving the requested variance be adopted with the condition that the site is developed according to the attached site plan and building elevations, including the reconfiguring of the municipal parking lot to add the additional five parking spaces, and that the lot is leased from the city as proposed. Acting Chair Gainsley asked staff if the building were to go away would the variance and the conditions go away. Mr. Morrison stated yes, the variance resolutions have a sentence that states “Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed”. Commissioner Roberts asked staff that if the applicants were to loose their lease on the municipal lot and since this variance is tied to having the municipal lot lease, would the applicant’s variance then become null and void? Mr. Morrison stated that not only are these variances tied to the municipal lot lease but so are the allowable uses within the building. If the applicants were to loose the lease the tenants would not meet code. Acting Chair Gainsley asked staff if the city has put fourth official input on the writing of the lease agreement. Mr. Morrison stated the city has had lengthy discussions with both the applicant and the City Attorney. The applicants have agreed to pay for the cost associated with reconstructing the city owned parking lot and maintenance fees. Acting Chair Gainsley asked if this information was written in the resolution. Mr. Morrison stated that it was written in the lease agreement and the terms of the lease agreement are part of the variance. Commissioner Bloyer asked staff if it was the city’s decision to not sell the municipal lot or was it the applicant’s decision not to buy. Mr. Morrison stated that the applicants wanted to buy the municipal lot and that the city was not ready to sell the lot at this time due to possibilities of future redevelopment. Acting Chair Gainsley asked staff if this lease was a 99 year written lease. Mr. Morrison stated the lease does have the ability to be renewed, at this time the lease is written in 10 year increments. St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 4 Commissioner Solmer asked staff how the applicants were able to gain 4 on street parking spaces on Inglewood Avenue South. Mr. Morrison stated that by closing one of the access drives that allowed reconfiguration of the parking lot and more room for on street parking. Commissioner Solmer asked staff if he could verify the total number of the building’s square footage because in the staff report the building is listed as having a total amount of 23,000 square feet and the applicant lists the building having 10,000 and/or 11,000. Mr. Morrison stated that the applicants didn’t count the basement square footage into their calculations because the basement will be used for storage purposes only. Commissioner Solmer stated that in the January staff report it was written that if the basement is used as storage it will require 6 more spaces which is not counted in the 47 spaces. Mr. Morrison explained that the library and the storage area come out to 55 spaces and than deduct 15% for transit and bicycle which reduces it to 46.8. Commissioner Bloyer asked staff why storage requires parking space. Mr. Morrison stated that in theory storage areas are similar to a warehouse which may require individuals to stock that area and our ordinance requires one parking space per 1,500 square feet of storage area. Commissioner Solmer stated that Treasure Island used the basement as storage and retail. Mr. Morrison agreed that Treasure Island did use the space for storage and retail. Mr. Solmer asked staff if there will still be street access from Inglewood. Mr. Morrison stated there will be access. With no questions, Vice Chair Gainsley opened the public hearing. Albert Miller, applicant of 4200 Minnetonka Boulevard, stated that he is in the process of taking a blighted property and investing over million dollars into renovating the property. He feels this renovation will look nice for the neighborhood and will add a fresh appearance when entering St. Louis Park. Commissioner Solmer stated that he understands that the city doesn’t want to sell the municipal lot because they would like to retain several parking spaces for other businesses in the neighborhood. Also, he has witnessed the parking congestion in that neighborhood on a Saturday and is interested in knowing if the applicant will be open on Saturday’s. St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 5 Mr. Miller stated they will be open on Saturday’s but there is no over night parking allowed so the Saturday parking will go away because people will drive from the Synagogue will end up walking or parking at Torah Academy down the block. Acting Chair Gainsley asked Mr. Miller if the Synagogue has made any comment regarding the parking. Mr. Miller stated that they have been working closely with the Synagogue. Acting Chair Gainsley asked Mr. Miller if these variances don’t get approved does he have other alternatives for the property. Mr. Miller stated the focus of his proposed use is adult education and a retail library type setting. They have carefully designed a plan to work with the existing business and the Synagogue. In regards to other uses he doesn’t feel this building would be a viable project due to the size and the ADA requirements to bring this building up to today’s standards. Acting Chair Gainsley asked Mr. Miller who will be responsible for maintaining the vehicle towing if vehicles are left over night. Mr. Miller stated that the tenant will be responsible in policing the lot. Commissioner Roberts asked staff if a neighborhood meeting was ever conducted to discuss the parking issue. Mr. Morrison stated that a few neighborhood meetings have been held and the primary discussion of those meetings was cut through traffic coming from Minnetonka Boulevard to France Avenue and on-street parking located near Yum Restaurant. This particular variance request was discussed at the neighborhood meeting but there main concern was the property to the east. Since the last meeting, Yum has been working to acquire parking elsewhere to accommodate more parking. With no questions, Vice Chair Gainsley closed the public hearing. Commissioner Bloyer feels this variance request is an outcome of staff and the applicant working long and hard to come up with a reasonable use for this building. She feels this site does need to be redeveloped and is in favor of granting this variance. Commissioner Solmer stated that this building had significant problems when the building was purchased and feels we are making them worse. He feels that by approving this variance we are intensifying the use and the existing problems of the floor area ratio and the demand for parking. Commissioner Robert feels this variance request may be the best option for this property. St. Louis Park Council Meeting Item: 060506 - 4i - Board Of Zoning Appeals Minutes Of April 27, 2006 Page 6 Acting Chair Gainsley feels that the applicants use may be the best use available due to the ADA requirements and this use will benefit the community. He is in favor of granting the variance with staffs recommended conditions. Commissioner Solmer asked staff if the applicants were to loose the lease on the parking lot then would the variances be removed? Mr. Morrison stated that the parking lot is in the site plan, if they loose the parking they then have tenants that are illegally parked. Acting Chair Gainsley stated that he understands that by approving this variance with staffs conditions that if the lease were to become interrupted the building would be non-conforming. Mr. Morrison said that he will clarify that in the resolution. Commissioner Solmer asked staff when the municipal lot lease will be completed. Mr. Morrison said the lease agreement has been reviewed by both parties and in the coming weeks a final agreement should be ready. Motion by Commissioner Bloyer, seconded by Acting Chair Gainsley, to adopt Resolution #04- 06, approving a variance to allow a side yard abutting the street of 10 inches, allow 42 parking stalls instead of the required 47 stalls, allowing the floor area of ratio to exceed 1.2 and to allow a rear yard setback to be less than 20 feet with the condition that the site is developed according to the attached site plan and building elevations, including the reconfiguring of the municipal parking lot to add the additional five parking spaces, and that the lot is leased from the city as proposed for property located at 4200 Minnetonka Boulevard. Motion Approved. Voting Yes: Gainsley, Bloyer and Roberts. Voting No: Solmer. 5. Old Business None 6. New Business None 7. Communications None 8. Miscellaneous None 9. Adjournment Commissioner Bloyer moved and Commissioner Roberts seconded the motion for adjournment. The regular meeting of the Board of Zoning appeals adjourned at 7:50 p.m. Respectfully Submitted, Tara Olson Community Development Secretary St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MEETING Wednesday, March 15, 2006 Rec Center Programming Office 1. Call to Order Chair Tom Worthington called the meeting to order at 7 p.m. Commission members present: Tom Worthington, Bruce Cornwall, George Hagemann, Steve Hallfin, Kirk Hawkinson, and Nick Magrino. Staff present: Program Supervisor (Mr. Birno), and Recording Secretary (Ms. Voelker). Guest present: Bill Donald (Football Association); Andy Ewald (School District); and Meg McMonigal (Community Development). 2. Presentations: a. Association Presentations (7 p.m.) • Girls Traveling Basketball Association Mr. Agather was unable to attend and has been rescheduled at a future meeting. * 3. Approval of Minutes • February 15, 2006 It was moved by Commission member Mr. Hallfin, seconded by Commission member Mr. Hawkinson to approve the Minutes as presented. The motion passed 6-0. 3. New Business a. School District Facility Discussion (Andy Ewald) (Stadium and Junior High Site) Mr. Worthington introduced Mr. Ewald to the Commission. Mr. Ewald advised he was advised by the School District to compile a facility wish list and has included field related items on that list. Mr. Ewald indicated there is a limited amount of field space in the community. He is constantly receiving calls for private use. He also indicated the Senior High School land is land locked. Mr. Ewald would like to better utilize the space available and to do so, all three spaces at the Senior High School must be reviewed. The Senior High School field is used by varsity football, soccer, lacrosse, and graduation. Park Spanish Immersion occasionally uses but does not wear down field. It is only used 22-23 times per year and feels it is underutilized. St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 2 The second area (referred to as the stadium area) is used by Physical Education Department, senior athletics, Parks and Recreation and is overused. The third area, located between the circle parking and activity space, can be used by anyone. This area is not properly graded to be used as a legitimate field space. Mr. Ewald advised the Commission that he would like to proceed and discuss a potential joint venture with an artificial turf field/facility with the City with backing by the school superintendent. Mr. Worthington inquired on the cost of an artificial field. Mr. Ewald indicated it would cost between $800,000 and 850,000 per field. He advised Robbinsdale school district is adding an artificial field this year and the cost is somewhat dependent on water run off issues. The Commission members briefly discussed which field should be synthetic versus real grass. Mr. Ewald advised other cities have obtained money from referendums or levy for leasing, and feels there are many options to obtain funding. Mr. Hawkinson inquired if there is any room at the Junior High School as he feels there is a lot of room there. Mr. Ewald indicated the Junior High School field is scheduled for proper grading and some irrigation work. He advised the School District and the City were at one point in time close to a joint venture of redevelopment at the Junior High but did not proceed with joint venture. Mr. Ewald feels the perception may be that it is a larger space, but the Junior High has the same amount as the Senior High School. The Junior High is also heavily used. Mr. Hawkinson inquired specifically what land the School owns. Mr. Birno advised the north end of the property is owned by a church; north of the asphalt trail is owned by the City as Lamplighter Pond; and the School District owns the rest of it. Mr. Ewald advised the School District building and grounds staff was cut down from six to three employees. Mr. Hallfin suggested utilizing the fields for other activities. Mr. Ewald noted the fields take a lot of wear and tear. Decent grass fields get worn down with approximately 25 uses in a year. Mr. Birno advised City staff have reviewed adding artificial turf in the goal areas on soccer fields but have not found good transition materials that would not pose potential safety and liability issues. Mr. Ewald advised school has looked at the same but research confirms a poor option due to safety and liability issues. Mr. Ewald advised he is unsure which field to reconstruct if they had funding. Mr. Hallfin inquired on the life expectancy of artificial turf and if funding is needed to be set aside for renovating the turf at the end of that life expectancy. Mr. Ewald advised there is a 10 year life on the surface section. Mr. Ewald suggested a bubble or enclosure could be built over one of the fields. He feels the area between activity space would be the best option as it is tucked away, would not be an eye-sore, convenient admittance, and enough space for a full field. Mr. Magrino inquired if, theoretically speaking, they would like the land for projected growth 10 to 15 years in the future. Mr. Magrino indicated rumors heard St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 3 suggested removing the shop and switching around the buildings. Mr. Ewald indicated he has not heard anything about potential growth and feels the expense of reconfiguring is not worth the loss of space. Mr. Birno advised the storm water management issues are real issues and expensive to correct. Mr. Cornwall inquired on other communities’ reasoning for creating an enclosed facility. Mr. Ewald advised the other cities are land locked and are unable to use the fields regularly and can do so with a bubble. Mr. Birno advised the Minnetonka School District now has an enclosed field and is impressed with its success and continual use. Mr. Worthington inquired if the City would be interested in putting an enclosure over a field at Louisiana Oaks Park. Mr. Birno indicated he is unsure of the City’s opinion but would not recommend it since it is not revenue generating facility at this time. Mr. Birno stated the City is interested in working with the School District and would like to be included on the task force. He then advised that Council believes a review of the Junior High School property as an important issue. Mr. Donald advised the Football Association will organize a fund raising committee to solicit funds. Mr. Ewald indicated Benilde-St. Margaret is interested in renovating their fields also and they received a donation of $500,000 to be put toward the renovation. Mr. Worthington stated a study should be conducted to review all school district facilities. Mr. Ewald suggested moving forward if the interest is between the City and the School District. He mentioned that if it is a community interest, more individuals would need to be involved. Mr. Hallfin feels the Commission is behind the School District and is ready to move to the next step Mr. Hagemann suggested the artificial turf be installed on whichever field is enclosed. Commission members discussed the artificial turf would need to be installed first, then enclosure would be added. The members briefly discussed how other cities were able to install enclosed facilities with residents nearby. Mr. Hawkinson would like to see some grass stay. Mr. Ewald advised research has indicated that artificial turf has come a long ways as it now has as much give as real grass. In a response to a question from Mr. Birno, Mr. Ewald advised the Junior High School principle has approved moving forward and will be involved in the discussions. St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 4 Mr. Hawkinson motioned approval, Mr. Hallfin seconded, to support the creation of a task force to work jointly with the City and School District which would make recommendations for the upgrade and/or renovation of outdoor athletic facilities located at the Junior and Senior High Schools. The motion passed 6-0. Mr. Ewald advised major renovations would take place in the Junior and Senior High locker rooms as they are bad and in need renovation. They will create separate physical education and athletic lockers, some will be lower and some tall and thinner for the Nordic ski team. The School District is reviewing what lockers are used for and renovating to better fit the needs of the students. This would also change the site line for supervision aspects. Mr. Ewald advised they will remove the barbed wire fence from the site and replace it with either a coated chain link or heavy duty aluminum fence. Both have life-time warranties and are inexpensive. Mr. Hawkinson inquired on when the pool would be renovated. Mr. Ewald advised last year the Districted discussed potentially shutting one of the three pools down as they are expensive to run. After discussions, the board decided to keep the pools as they are. Commission members thanked Mr. Ewald for attending the meeting and the discussion. b. Village in the Park II Development and Public Area Ms. McMonigal introduced herself to the Commission and advised she is the planning supervisor for Community Development. Ms. McMonigal stated one item specified in the Elmwood Study was to create a gathering space on the corner of Wooddale and West 36th Street. A portion of the corner would be dedicated to public land and the remainder would be cash in lieu of land. Ms. McMonigal showed Commission members a diagram of the area and described the dedicated area which may include seating and planter boxes. Ms. McMonigal advised the City is reviewing a streetscape plan on West 36th Street so are working on a streetscape theme for the entire area. The theme would include public art, lights, sidewalks, and benches. Ms. McMonigal advised the developer is proposing a four-story building with retail space on the first level but unsure of where the parking would be. The Planning Commission will hold a public hearing in April. Mr. Hawkinson inquired if there will be four lanes on Wooddale Avenue. Ms. McMonigal advised staff has discussed a bridge over Highway 7 on Wooddale Avenue and reconstruction of the street. If funding is available, the reconstruction might take place in 2009. St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 5 Mr. Cornwall inquired if that area needs to be a park driven by residents in which Ms. McMonigal suggested the intent of the area is a focal point or gathering spot due to the location. Mr. Magrino questioned if the entire area is slated to be renovated and Ms. McMonigal indicate the timing depends on when the property owners come forward. Commission members reviewed the Council report and asked for clarification on the dollar amounts indicated in the report. Mr. Birno and Ms. McMonigal advised staff will look into and clarify at the Commission’s April meeting. Mr. Worthington asked for staff’s recommendations also. Mr. Cornwall inquired on a maintenance plan of the area. Ms. McMonigal advised the City would have a maintenance agreement with the property owners. The property owners would pay for maintenance by either the City or a subcontractor. Mr. Birno suggested staff advise the Commission of the details at their April meeting. Staff indicated no action is needed at this point as the item will be brought back to the Commission at their April meeting. Mr. Worthington and Commission members thanked Ms. McMonigal for attending. 5. Old Business a. Commissioners’ Swim & Skate Event Duty Discussion Mr. Worthington feels the publicity is the main item to accomplish currently. Mr. Hallfin advised Bill Gleason has agreed to donate printing of the flyers again this year. The members reviewed and discussed contacts assigned last year. Mr. Hallfin feels an article in the Sun Sailor would be nice, perhaps on the front page. Mr. Hawkinson suggested offering free pop, popcorn, or something as incentive to have individuals complete a survey on where people hear about the event. Mr. Cornwall suggested advertising at locations agreed on by members versus randomly soliciting places. Mr. Hallfin suggested distributing flyers to each of the teams in the youth association leagues. Mr. Cornwall suggested distributing flyers to the neighborhood associations. Members discussed and feel the Aquatic Park users are high potentials also. Mr. Birno provided complimentary passes to distribute to businesses for advertising this event. Mr. Birno will ask Ms. Margo to create a flyer for the event and will have Ms. Voelker burn a CD for Mr. Hallfin to deliver to the printer. Mr. Cornwall inquired on the number they would need printed and suggested including as an insert in neighborhood newsletters. Members also discussed the option of submitting as a PDF file to the neighborhood associations to include in their newsletters. Mr. Cornwall will contact Martha McDonell for suggestions. Mr. Hagemann suggested including in the Sun Sailor but members feel advertising may be expensive. St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 6 The members will distribute as follows: • Mr. Hagemann suggested retail organizations where there are a lot of kids. • Mr. Hallfin will distribute to the Athletic Associations. • Mr. Cornwall will distribute to the Neighborhood Associations. • Mr. Worthington will contact the newspaper. Members discussed and indicated if the event is unsuccessful this year, they will review other fund raising options. Mr. Hallfin inquired if the Park & Run event is successful and Mr. Worthington invited Ms. Margo to provide a report on the Park & Run at the April meeting. 6. Communications a. Chair Next Meeting will be April 19 and Mr. Worthington may not be here. Mr. Hagemann is unsure if Mr. Foulkes is able to attend. Mr. Hallfin will be available and can chair meeting; other members will be available. Mr. Worthington suggested meeting at a different location in April. Members suggested Nelson for their April meeting. b. Commissioners Mr. Hagemann thanked staff for including an update of the bike trail closure on the City’s web site. Mr. Cornwall advised he has been involved in architectural design studies for the school district. In response to a question from Mr. Hallfin, Ms. Voelker advised Mr. Agather was unable to attend the meeting due to a scheduling conflict. Mr. Birno indicated staff attempted to contact one of the baseball associations but they were unable to attend due to another meeting. In response to a question from Mr. Magrino, Mr. Birno advised that he attended a Soccer Association meeting Monday night and they indicated they only had one board person committed to serving. The Association had stated the need for volunteers by their annual meeting in April or the Association would dissolve or merge with other associations or the City. Mr. Birno indicated the City has expressed their support of the Association. Mr. Hawkinson inquired if the historical society has decided on a location for the bee hive. Mr. Birno advised a group of interested individuals toured approximately 10 to 12 potential locations for the bee hive and reviewed potential sites. Mr. Birno reviewed three choices: remove from current location and store; relocate by a spur bike trail connection; or relocate to Louisiana Oaks Park, Oak St. Louis Park Council Meeting Item: 060506 - 4j - Parks & Recreaction Advisory Commission Minutes Of March 15, 2006 Page 7 Hill Park or Wolfe Park. Mr. Birno advised once the committee decides, a recommendation will be brought to the Commission, then to Council. The City was advised by the National Park Service out of Washington DC that the bee hives are considered historically significant and they want to preserve them. Mr. Cornwall advised he would like to be involved in the process as there are a lot of documents that need to be completed and a lot of people that need to be involved. Mr. Birno indicated the next step is to have the committee agree on their recommendation. Mr. Cornwall feels the original atmosphere of Wolfe Park was to spend money on stone in park and feels a natural progression in that park. Mr. Birno suggested Mr. Cornwall voice his information on Wolfe Park to the beehive committee. Mr. Hagemann advised that he has not seen anything in the bike trail gap study and wonders if it could be included on the committee’s recommendation. Members would like to keep up to date on this item. Mr. Hawkinson inquired on what fund the money from school parking goes into but the members were unsure. Mr. Hallfin inquired on the annual staff breakfast sponsored by the Commission. Members will discuss at their April meeting if they want to host a breakfast or a lunch. Ms. Voelker advised the Banquet Room is not available on the original date mentioned (May 18 ). c. Program Report None. d. Directors Report None. 7. Adjournment The meeting adjourned at 8:53 p.m. It was moved by Commission member Mr. Hagemann seconded by Commission member Mr. Cornwall to adjourn. The motion passed 6-0. ______________________________________ Stacy Voelker, Recording Secretary St. Louis Park Council Meeting Item: 060506 - 4k - Human Rights Commission Minutes Of February 2006 Page 1 City of St. Louis Park Human Rights Commission Minutes – February 21, 2006 Dakota Room City Hall I. Call to Order The meeting was called to order at 7:10 p.m. Present Commissioners: Mindy London Greene, Michael Cohn, Ahmed Maaraba, Kristi Rudelius- Palmer and Shelley Taylor Guests: Michael Roan from the Tandem Project & Jason Van Buren a citizen interested in joining the commission. Staff: Martha McDonell, Commission Liaison. (Recording Secretary, Amy Stegora-Peterson, was not present due to her service at the city council meeting this evening.) Approval of Agenda The agenda was approved as presented. Approval of Minutes The Minutes were approved as presented. II. Old Business Bias Crime Response Letters Commissioners updated Mindy London-Green on the last few months’ hate crime reports. Commissioners reviewed the process of following up with each incident by sending a response letter to the crime victims. The response guidelines are outlined in the City’s Hate Crimes Response Plan. Commissioner Shelley Taylor offered to draft response letters for the last three bias crimes and email the draft to all commissioners for review. After review, Shelley will send the letters on city Stationary with the Commission logo. When bias incidents occur between monthly commission meetings, the chair person is notified by city staff. Commissioner Reports Commissioner Kristi Rudelius-Palmer reported on a call she had with a Fargo-Moorhead Human Rights Commissioner who wants to work on a human rights report card project in their area. Kristi will be going to Brookings South Dakota to gather information on their human rights research. Kristi recommended that our local commission post the results of the 2004 Diversity Survey on the city’s web site. St. Louis Park Council Meeting Item: 060506 - 4k - Human Rights Commission Minutes Of February 2006 Page 2 Commissioner Ahmed Maaraba said he had friends living in St. Louis Park who reported there were people at their door collecting funds for the Minneapolis Human Rights Commission. He felt this was peculiar. Equal Access/City Separation Ordinance Commissioners updated Shelly and Mindy on the progress made toward researching a proposed City Separation Ordinance. Ahmed will email the commissioners the governor’s report titled “The impact of Illegal Immigration on Minnesota.” Shelley asked how our police would be trained in their practices and reporting if such an ordinance were adopted here. Commissioners were then updated on the previous meetings held with the Police Department and Managers and Directors from the Inspections, Housing, Fire and Park & Recreation Departments. These meetings were held to familiarize city staff with the proposed ordinance and listen to any concerns they might have. Because of specific public safety exemptions, the Police Department did not feel such an ordinance would change any of their current practices. They did have concerns about the Federal Government using the ordinance as an excuse to withhold future funding. The housing staff already require proof of residency and citizenship for public housing assistance and this also would not be changed by the ordinance. The inspections staff had questions about report writing and training staff. The fire department staff reported that their ability to serve all citizens equally would improve to a greater degree if the city provided translation services to city staff on the job. They have asked staff Liaison Martha McDonell to provide some immediate assistance in finding translators for emergency communication picture cards. Shelley recommended that the city contract with a regular translation service to assist city staff. Kristi offered to let Martha know about translation services she may recommend. Kristi also offered to call the commissions Police Liaison officers to ask how the Police Department accesses translation services. Martha reported that a tentative meeting date to discuss the Separation Ordinance is scheduled for a council study session on Monday March 27th. The commissioners discussed options for presenting information and including voices of partners such as Jewish Community Action. The meeting with City Council will also include presentation of the 2006-07 commission work plan. Commissioners recommended that Karmit Bulman and Matt Armbrecht lead the effort to put together the council discussion since they are the most informed on this topic. Kristi inquired about a means to gather questions from Council members. Kristi offered to call her own Council Member to inquire about any questions. Next Meeting Commissioners agreed to meet one week early in March in order to have time to prepare for the City Council Study Session. The March Commission meeting will be held on Wednesday March 15th at 7:00 p.m. at City Hall. Work Plan Final review and approval of the work plan will be delayed until the next meeting. St. Louis Park Council Meeting Item: 060506 - 4k - Human Rights Commission Minutes Of February 2006 Page 3 III. New Business Human Rights Student Essay Contest Kristi asked if any work had been done to promote the Student Essay Contest. Martha reported that none had been done. Kristi and Ahmed agreed to work on promoting the contest to teachers. Ahmed will draft a letter to teachers and Kristi will send and email with the letter and contest application materials. Essays will be due to City Hall before the next Commission meeting. Set Agenda for Next Meeting Review essay contest submissions Prepare for March 27th Council Study session discussion Finalize and approve the Commission work plan Adjournment The meeting was adjourned at 9:00 p.m. Respectfully submitted, Martha McDonell Community Connections Specialist and Commission Staff Liaison St. Louis Park Council Meeting Item: 060506 - 4l - Human Rights Commission Minutes Of March, 2006 Page 1 City of St. Louis Park Human Rights Commission Minutes – March 15, 2006 Westwood Room, City Hall Call to Order Commissioner Rudelius-Palmer called the meeting to order at 7:15 p.m. Present Commissioners: Matthew Armbrecht, Karmit Bulman, Michael Cohn, Mindy London Greene, Joseph Polach, Kristi Rudelius-Palmer and Shelley Taylor Staff: Martha McDonell, Commission Liaison Guests: Leonard Oppenheimer, Jewish Community Action Introduction of new commissioner Joseph Polach. Approval of Agenda Commissioner Bulman requested item 3b be moved to the beginning of the agenda. The agenda was approved as amended. New Business B. Prepare discussion item for the equal access/city separation ordinance proposal. The Commission meets with the City Council on Monday, March 27th. Commissioner Bulman presented a background of the meetings held with City Department Directors and staff, and Louisa Hext of the Jewish community Council. She believed there was receptivity to the ordinance and a feeling that it wasn’t within City employees job purview to check immigration status. They used the ordinances passed in Minneapolis and St. Paul as a model. The City Manager had provided feedback to Ms. McDonell asking: Why should they make the city welcoming for illegal immigrants? Why do it if it would be repealed? If it isn’t a problem in St. Louis Park, why are they bringing this up? They don’t know how many illegal immigrants they have, it is probably so small it doesn’t matter here and why is this an issue? Governor Pawlenty has come out with a bill regarding immigrants, which has passed two House committee’s and supercedes the ordinances in Minneapolis and St. Paul. The Police Chief’s in both Minneapolis and St. Paul were not in favor of the Pawlenty agenda and repealing the ordinances. She believed a pro-immigration bill would also be heard. St. Louis Park Council Meeting Item: 060506 - 4l - Human Rights Commission Minutes Of March, 2006 Page 2 Mr. Oppenheimer believed this was the right thing for St. Louis Park to be doing, regardless of what happened at the State Legislature. Calling people “illegal” was a sort of branding or labeling. This included people who have a non-documented status including asylum seekers and people who have overstayed their visa. People who are undocumented are afraid to go to police to report crimes for fear they will be reported. This movement tends to drive a wedge of fear between the Police and the communities. The ordinance provides guidance to City staff that city residents should have a basis of good government and service delivery and would not put them in the place where they were asking questions that didn’t need to be asked. Ms. McDonell noted the ordinance exempted several police duties, one was checking up on people who had been arrested. Mr. Oppenheimer indicated a police officer doesn’t enforce civil law and part of what this ordinance does is try to ensure officers stay within the purview of the laws they are there to enforce. Homeland Security enforces civil law, which is a federal jurisdiction. Local law enforcement is in support of this. Ms. McDonell indicated the City Council had requested the Police Chief or a representative be present at the study session. St. Louis Park is committed to community policing and does not generally ask immigration status. The Commission needs to prepare a report and provide general education including why it was good to do this and decide on a recommendation to the Council. Commissioners determined they wanted to recommend the Council consider the ordinance and state that they had consulted with the Police Department and City Directors. Report Outline: Section Comsnr/Staff Responsible Topic I McDonell History & Process – Background & how it started: -Process to this point (Dept. Meetings) II Bulman -Strengths – Why this is needed III Albrecht, Taylor& Polach Opportunity/Evidence/Support: - Other cities, police, across country, quotes from articles IV Taylor Obstacles/Issues/Discussion questions: -Why be welcoming for illegal immigrants? -Why do this if it’s going to be repealed? -Why bother? We don’t know how many illegal immigrants are in SLP? -Shouldn’t they support the Governor’s paper? -What is City/Departments liability? V Unassigned Next Steps (meet with community partners and provide education) Commissioners agreed to Email draft sections to other commissioners for review and send final sections to Ms. McDonell to assemble. Commissioners Armbrecht, Bulman, Cohen, Polach and Rudelius-Palmer indicated they would attend the Study session. St. Louis Park Council Meeting Item: 060506 - 4l - Human Rights Commission Minutes Of March, 2006 Page 3 A. Review and approve final draft of work plan Commissioners recommended several wording changes and approved the work plan as amended. C. Review submissions for the student essay contest – There were no submissions Commissioner Reports Ms. McDonell distributed a survey for the Vision outcomes. Commissioner Rudelius-Palmer reported on an upcoming conference on human trafficking. Commissioner Taylor distributed draft letters to be sent to victims of hate/bias crimes. Set Agenda for Next Meeting Approve February 21, 2005 minutes. Adjournment The meeting was adjourned at 9:08 p.m. Respectfully submitted, Amy L. Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 060506 - 4m - Human Rights Commission Minutes Of April 2006 Page 1 City of St. Louis Park Human Rights Commission Minutes – April 18, 2006 Westwood Room, City Hall I. Call to Order Chair Maaraba called the meeting to order at 7:06 p.m. Present Commissioners: Matthew Armbrecht, Greg Asche, Karmit Bulman, Michael Cohn, Mindy London Greene, Ahmed Maaraba, Joseph Polach, Kristi Rudelius-Palmer, Shelley Taylor and Jason VanBuren Staff: Amy Stegora-Peterson, Recording Secretary Guests: Michael Roan, The Tandem Project I. Approval of Agenda The agenda was approved as presented. Approval of Minutes February 21, 2006 Meeting Minutes Ms. Bulman noted she was not present at the meeting. The minutes of February 21, 2006 were approved as amended. March 15, 2006 Meeting Minutes Mr. Armbrecht noted his name was spelled incorrectly on page 3. The minutes of February 21, 2006 were approved as amended. Introductions were done for new commissioners. II. Commissioner Reports Ms. London Greene expressed concerns about the immigration ordinance. It was noted this item would be discussed under new business. Mr. Rudelius-Palmer reported on a workshop on human trafficking to be held on April 21st at the University of Minnesota. There will also be a rally at the Capital on April 30th. She would send more information to Commissioners. Mr. Cohn reported that he is serving in two new positions, as disability chair for Senator Kelley’s campaign and also as the Affirmative Action Officer for DFL District 44. St. Louis Park Council Meeting Item: 060506 - 4m - Human Rights Commission Minutes Of April 2006 Page 2 Mr. Armbrecht reported on an Immigrant Rights demonstration at the State Capital. Mr. Roan invited Commissioners to attend Tandem Project Dialogues to be held four evenings in May at City Hall. For more information see tandemproject.com. Ms. Rudelius-Palmer indicated a forum on North American issues of Indigenous people would be held April 29th and 30th. Ms. London Greene indicated she was a part of the Minneapolis Mediation Group and could share educational events that may be relevant to the Commission. III. Old Business A. Review and report of the discussion held with City Council on Monday, March 27th The Commission discussed the study session held with City Council regarding the immigration ordinance. The Council liked the idea of more education, but were concerned about approving an ordinance and questioned the necessity. Ms. Rudelius-Palmer felt it was important to provide education to city officials and staff. They could also consider the possibility of a city policy. Ms. Bulman suggested involving communities most affected. They could get representatives to attend a commission meeting. The Commission considered pursuing what was needed to have a policy developed and if it would help solve the issues. Ms Rudelius-Palmer believed they needed to improve communication with the City Council and clarify the Commissions role. She believed education was very important and suggested they also consider involving youth by doing cable programming. The Mayor suggested the Commission become involved with Bookmark in the Park. They were considering doing immigration stories and the Commission should get more information about that. Next steps: * Education Strategy (community and city employees/government) * Policy or Ordinance * Discuss Mission statement/role of commission Mr. VanBuren volunteered to research the requirements for changing city policy. Mr. Polach volunteered to send a letter to the City Council with an update on the Commissions work and would Email a draft to Commissioners. St. Louis Park Council Meeting Item: 060506 - 4m - Human Rights Commission Minutes Of April 2006 Page 3 B. Discuss next steps for the 2-year work plan Ms. Taylor noted she had started a list identifying groups within minority communities and discussed some of the research she had done. The Commission felt they needed to obtain contacts at various groups and meet with them. A decision was made to form two sub-committees:  Connecting and supporting minority communities (Matt, Jason, Shelley, Mindy, Ahmed and Karmit)  Community & Youth Education (Kristi, Greg, Joe, Mike and Ahmed) The sub-committees would meet prior to the next meeting and review work plan items and determine a plan of action. Ms. Taylor agreed to work further on the list she had started. IV. New Business A. Children First Ice Cream Social, Saturday May 21st, 2-5 PM Commissioners agreed to check with Ms. McDonell to see what was available and if she has information/flyers to distribute. Ms. Rudelius-Palmer would provide Human Rights Passports and “No Discrimination” signs. She agreed to order buttons to give away at the Commission booth. Commissioners would determined shifts and the next meeting. B. Review Commission Budget for 2006 Ms. Rudelius-Palmer suggesting using $150 of the Commission budget for youth programming on cable. V. Set Agenda for Next Meeting • Reports for the sub-committees and break-out time • Ice Cream Social – determine shifts • Immigration Ordinance/Policy • Budget VI. Adjournment The meeting was adjourned at 9:00 p.m. Respectfully submitted, Amy L. Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 26, 2006 -- 6:00 P.M. (April 19th meeting rescheduled) COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Meg McMonigal, Sean Walther, Adam Fulton, Greg Hunt, and Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes of April 5, 2006 Commissioner Robertson moved approval of the minutes of April 5, 2006. Commissioner Morris seconded the motion. The motion passed on a vote of 5-0-1. Commissioner Timian abstained. 3. Consideration of Resolution of Conformance to Comprehensive Plan for Modification of Redevelopment Project No. 1 and establishment of the Highway 7 Corporate Center Tax Increment Financing District and Hazardous Substance Tax Increment Subdistrict. Economic Development Coordinator Greg Hunt presented the staff report. Chair Carper asked who will pay for the construction of the proposed parking lot. Mr. Hunt replied the property at the southwest corner of Highway 7 and Louisiana Avenue is not included in this TIF district, and it will be leased to Methodist Hospital for offsite employee parking purposes. Mr. Hunt said grant funds will be used to pay for the construction of the parking lot, and the total cost will be paid for with grant funds. Mr. Hunt said there will be a public hearing on the adoption of the TIF district on May 15th at the City Council meeting. It was moved by Commissioner Person to adopt Resolution No. 76 finding the proposed modification of Redevelopment Project No. 1 and the establishment of the Highway 7 Corporate Center Tax Increment Financing District and Hazardous Substance Tax Increment Subdistrict to be in conformance with the Comprehensive Plan of the City of St. Louis Park. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 2 4. Hearings: A. Hoigaard’s at Miracle Mile – Major Amendment to Special Permit and Variance Location: 5313 Excelsior Boulevard Applicant: Hoigaard’s Inc. Case No.: 06-19-CUP and 06-35-VAR Associate Planner Adam Fulton presented the staff report. Commissioner Morris asked if the driveway easement for the private residential property is an established easement. Mr. Fulton said yes. Commissioner Johnston-Madison asked if the 550 parking spots include the front and back. Mr. Fulton said yes. Commissioner Johnston-Madison asked how close is the addition from the back wall to the property line. Mr. Fulton responded it is about 60 feet. Commissioner Person asked if the access to the neighboring lot could be clearly striped to show that it is access to his lot. Mr. Fulton said that will be discussed with the Fire Marshall; it will be striped as a fire lane. Commissioner Robertson asked if there is a way to come into full compliance with building materials and landscaping. Mr. Fulton said the special permit gives a great deal of flexibility to applicants. He said the Hoigaard portion of the store, which is being remodeled, will be in complete compliance with the building materials portion and in greater compliance with the landscaping portion. Commissioner Robertson asked if Hoigaards will still build the tower if the variance for signage is denied. Commissioner Morris said when it is time to vote, he would like to amend the staff report to include striping of the private drive as a condition of approval. Commissioner Morris recommended that at the driveway entry on the Wooddale side, signs be posted to say do not block intersection or do not block driveway. Mr. Fulton said that is not directly part of the proposal but would be directed to the City Engineer. Chair Carper asked if Hoigaard’s will be responsible for the substantial changes to the parking lot. Mr. Fulton said Hoigaard’s and Miracle Mile are joint applicants. Todd Brewer, President of Hoigaard’s, said Hoigaard’s would like to take the sign off the old tower, which is actually a smokestack, and relocate that sign onto the new tower. Mr. Brewer thinks it is within the City vision to protect icons that have been important to the community. The tower with the signage is very important to Hoigaard’s. Chair Carper asked about maintaining free access for the driveway behind the store. Mr. Brewer said the only truck traffic would be Hoigaard’s 26-foot truck. Mr. Brewer said the landscaping in the back will be appropriate and Hoigaard’s will be a good neighbor. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 3 Mr. Brewer would like to be up and running in time for their tent sale on September 15th. The tent sale will take place on Hoigaard’s current location. Commissioner Morris would be more inclined to look at a tower if it were to mimic or replicate, even with modern materials, that symbol, that identity for St. Louis Park. Commissioner Morris asked if Hoigaard’s considered replicating the smokestack. Mr. Brewer said yes, however, it was a smokestack for a garbage incinerator, the renditions didn’t seem to have the right feel for what Hoigaard’s thinks is appropriate to their business and to Excelsior Blvd. The motivation behind the current design came from Alpine towers and European clock towers, which are appropriate to their business. Mr. Brewer said Hoigaard’s would like to strip off the existing overhang on the north side of their proposed new store and add trees. Hoigaard’s would like to add planters for bushes and shrubs on the Wooddale side and additional tree cuts along the curb line for 3- 4 trees along the sidewalk. Commissioner Johnston-Madison asked how Hoigaard’s determined the height of the tower. Mr. Brewer responded that it was a scaling issue. Chair Carper opened the public hearing. Paul Hofrenning introduced himself. His father, Gerhard Hofrenning, is the property owner at 3971 Wooddale Avenue. Gerhard Hofrenning is concerned about guaranteed access to his driveway. Paul Hofrenning said it would be helpful to know who to call if the driveway is blocked. Paul Hofrenning said a loading dock is being added and the dumpster size may be tripled so a truck may have to angle to get in but signage should alleviate that concern. He said the foliage is currently very sparse and he would like to have it filled in. Mr. Fulton said the applicant would be required to provide a landscape plan prior to the City Council meeting. Gerhard Hofrenning asked what the impact will be on his property; he doesn’t see a major problem but he is a little bothered by moving the wall behind the former Snyder’s by 20 feet leaving only 20 or 22 feet for the alley width. He asked if that is wide enough. He asked if two semi trucks could pass each other comfortably in that space. Gary Bingner, 5018 West 40th Street, lives directly behind Miracle Mile. Mr. Bingner said he supports the tower and its signage. Mr. Bingner said he thinks Hoigaard’s will be good stewards of Miracle Mile. He said he would not want a good retailer to go away due to a signage issue. Chair Carper closed the public hearing. Commissioner Person agrees with Mr. Bingner and Mr. Brewer concerning the historic value of the icon of a tower. It is not clutter and it fits in with the new façade, which will be a fine enhancement to Miracle Mile. Commissioner Person supports the signage as proposed. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 4 Commissioner Robertson said he is pretty much in agreement with Commissioner Person. He likes the idea of the sign, and the history of the sign. With Hoigaard’s, there is a lot of credibility that things will be done as presented, and done well. Commissioner Robertson is comfortable with all aspects of the proposal. Commissioner Morris said he agrees with Commissioners Person and Robertson. Commissioner Morris asked if the variance can be conditioned to only allow the Hoigaard’s logo to be on the tower, and should Hoigaard’s leave, that signage would come down and only the tower would remain. Planning and Zoning Supervisor Meg McMonigal said the content of the sign cannot be governed. It is supposed to be an identification sign, not advertising, and it is supposed to relate to the tenant on the site. Ms. McMonigal said if a tenant changed, they would be allowed to change the letters of the sign. Commissioner Johnston-Madison said she is concerned about the height. She said she could support the sign being on the tower if there could be a limit on the number of towers like that on Excelsior Blvd. She would like to recommend that staff and the City Council look into it. Mr. Fulton said staff will look into her suggestion. Commissioner Johnston-Madison wanted to emphasize the height of the tower. Commissioner Morris said he favors the tower and the variance. It was moved by Commissioner Morris to recommend approval of the Major Amendment to a Special Permit for a building expansion and parking modifications. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. It was moved by Commissioner Morris to recommend approval of the variance for a tower sign. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. Chair Carper called for a short recess. B. Hill Lane - Subdivision and Conditional Use Permit Location: 2221 Hill Lane Applicant: James A.R. Johnson Case No.: 06-27-S and 06-28-CUP Mr. Fulton presented the staff report. Chair Carper asked about the driveway not following the lot line. Ms. McMonigal said the proposed driveway leaves the lot and crosses the right-of-way to South Hill Lane, which is allowed. Mr. Fulton said driveways are required to be 50 feet from an intersection. Chair Carper asked about any requirements to avoid storm drains. Ms. McMonigal said the City Engineer would have to take a look at it and approve the driveway location. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 5 Commissioner Johnston-Madison asked if there was any discussion regarding retaining walls on these two lots. Mr. Fulton said there was some discussion; if a retaining wall is higher than four feet, it would have to be reviewed by the building official within the City, shorter retaining walls would require zoning approval. Commissioner Robertson asked if there is any indication how many caliper inches the applicant may be wishing to replace. Mr. Fulton said the landscape plan provided by the applicant is preliminary and indicated replacing a substantial number of them. Norm Bjorness, Jr., is counsel for the applicant, James Johnson. Mr. Bjorness said Mr. Johnson’s proposal fits the criteria for constructing two single-family residences on the two development lots. Mr. Johnson agrees to the conditions in the staff report. Mr. Bjorness said only five new homes have been constructed in the Lake Forest neighborhood since 1992. Chair Carper opened the public hearing. Kay Ronngren, 2205 South Hill Lane, read a letter opposing the proposal dated April 26, 2006 from Sandra Stanley, 2205 South Hill Lane. The letter was distributed to the Planning Commission. Ellen McGratton, 4636 Cedarwood Road, said she supports Ms. Stanley’s letter. The wooded areas and large lots make the neighborhood attractive. At most, said Ms. McGratton, the applicant could be allowed to divide his lot into two and have one tasteful home and the trees. Sharon Segal, 2211 Parklands Road, asked that the Planning Commission not recommend in favor of the subdivision. Joy Peterson, 2301 Westridge Lane, is concerned about subdividing and developing this deep, wooded area. She is also concerned about the drainage issues created by the planned buildings on the hill. Steve Grossman, 2300 Westridge Lane, said his concerns are the curves, speeding, kids and their bikes. Mr. Grossman’s neighbor, a young boy named Elliot, said driveway access is dangerous and biking is dangerous. Elliot read a petition opposing the proposal. Joan Solomon, 2317 Westridge Lane, said she lives in St. Louis Park because of the beautiful land. She said the City needs to go back to the plan in St. Louis Park and keep St. Louis Park the way it is. Mary Kay Stranik, 4711 Cedarwood Road, said her concerns are the excavation of dirt, more cement and housing on the property, the flow of the water on a steep hill, train vibration, safety, and the character of the neighborhood changing by becoming crowded with homes. Ms. Stranik asked what will become of the value of homes. She hopes for one house as opposed to two. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 6 Commissioner Morris remarked that the City’s subdivision ordinance requires new buildings to have sidewalks and he doesn’t see one on the plan. Would a variance be required not to put in a sidewalk? Ms. McMonigal said she will check with the City Attorney. Mr. Fulton will ask the applicant if he is willing to put in a sidewalk. Cindy Bauman, 2300 Parkwoods Road, said she doesn’t want move up housing to become move out housing. Ms. Bauman said the City needs to look at an overall development plan for the neighborhood. Sidewalks should be installed, especially on a blind curve. She thinks trees should be replaced rather than having a cash in lieu payment. Ms. Bauman asked if the subdivision is approved, please approve only two lots not three. Terry Christianson, 2224 South Hill Lane, agrees with the previous speakers about dividing the lot into two parcels rather than three. Mr. Christianson thinks older residents will subdivide and move out. He doesn’t want to see that happen. Betty Globus Goodman, 2211 South Hill Lane, thinks this is just the beginning of development. She thanked the Planning Commission and Adam Fulton for their help and assistance. Ms. Goodman is concerned about erosion, retaining walls becoming defective, and the height of the homes. She said dividing the property into three lots doesn’t seem to be consistent with the vision St. Louis Park has for its residents. Chair Carper asked if the developer has talked to her about the development as she is the adjoining neighbor. Ms. Goodman said no one has talked to her about the development. Patricia Green, 2336 Parkwoods Road, would like to welcome everyone to the neighborhood. She said the neighbors can’t say no to move-up in our neighborhood. Nathan Curland, 4707 Cedarwood Road, distributed a drawing to show what the rest of the neighborhood looks like. Mr. Curland is not opposed to development but prefers subdividing it into two parcels, not three. Graham Candler, 4636 Cedarwood Road, said a nice neighborhood should be continued. Mr. Candler hopes a precedent is not started with this proposal. Sharon Abelson, 4340 Cedarwood Road, is president of the Lake Forest Neighborhood Association. Ms. Abelson said no one contacted her to say they favor this project. She said the natural areas of the neighborhood are the biggest selling points. They would like to see restrictions placed on development in Lake Forest and they plan to pursue this further. Stan Jurgenson, 2309 Westridge Lange, said train noise at this location would increase when the buffer hill is gone. Mr. Jurgenson said he is appalled that a non-resident developer can come into the community and say a few more lots will be developed. He doesn’t want to see large lots divided. Mr. Jurgenson said perhaps the code is no longer appropriate and should be changed. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 7 Tom Hess, 2300 Parkwoods Road, said it appears the plans are unfinished. Ms. McMonigal said the applicant is requesting a subdivision and no housing plans are proposed at this time. Mr. Hess said retaining walls do not stop erosion or creep. He is a soils engineer and he would like to see the plans for the retaining wall. Mr. Hess suggested the applicant be required to post bond for the retaining wall. Vern Swedborg, architect for Mr. Johnson, said he was commissioned to provide house plans to illustrate that the sites are buildable and have not proposed retaining walls that encroach on adjacent neighboring property. He said no retaining wall is higher than four feet. The driveways are proposed with a turn around on the site to avoid backing up on the street. Mr. Swedborg said they can handle the safety issues. He said Mr. Johnson will live in one of the houses. Commissioner Robertson said the excavation should be part of the actual construction process and only part of the conditional use process. Tom Hordahl, surveyor, said a final plat has been drawn. Commissioner Morris said the total square footage is 80 square feet short, and he asked which lot is 80 square feet short. Mr. Fulton said the error is in favor of the applicant, and the minimum requirements are met. The CAD technician for Mr. Hordahl said he prepared the documents. There were many revisions and a simple error occurred. Graham Candler said Ward Johnson also owns 4634 Cedarwood Lane. Ms. Goodman said she was not at the neighborhood meeting due in part to short notice. She said that Ward Johnson doesn’t speak to her. She said the Johnson homes are occupied only for short periods of time. Ms. McMonigal said the final house plans will be reviewed when they are submitted for a building permit. The City Engineer has determined these lots would be buildable. Mr. Fulton said the City Engineer and the building official have reviewed the soils reports and they determined the soils are appropriate to be built upon. Cindy Baumann, 2300 Parkswood Road, said the planned route for excavation might be hampered by the closure of Parkswood Road due to a water main replacement this summer. Mark Naummacker, 4711 Cedarwood Road, is concerned about setting a precedent. Ms. McMonigal said it wouldn’t be a precedent because the current code allows what is being requested. Mark Globus, 2211 South Hill Lane, said he would like to ask that someone make a motion or a friendly amendment that a bond be posted as the soil and the retaining wall issue relate together. Mr. Globus said it is a challenging development site. Ms. Abelson asked if a CUP can be approved without plans. Ms. McMonigal said the applicant would have to return with building plans prior to a final grading plan. Ms. Abelson asked if the City has seen the final plat. Ms. McMonigal said the Planning Commission acts on the preliminary and Council will need to see the final plat. The Planning Commission is a recommending body. St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 8 Chair Carper closed the public hearing. Commissioner Johnston-Madison said she is divided about this type of development. She said there are too many questions and she would like to see the item tabled. She wants the Commission to go out to look at the lot. Commissioner Robertson said he respects Commissioner Johnston-Madison’s stand and he is open to looking at the request further if there is no tight timeframe. He added that zoning does allow the proposal. He said he is comfortable with the proposed retaining walls. He said the Commission should start to have some serious discussion about protecting large lot areas that are not protected by R-1 zoning. Commissioner Johnston-Madison said the discussion should be a priority. Commissioner Morris said he supports Commissioner Johnston-Madison’s desire to hold the item over for further discussion. He said that the request is allowed by current zoning. Commissioner Morris suggested that the neighborhood review its Plan-By- Neighborhood section in the City’s Comprehensive Plan. Commissioner Johnston-Madison moved to table the item until May 17th. The motion was seconded by Commissioner Timian. The motion passed on a vote of 6-0. Ms. McMonigal asked if the Planning Commission would like staff to research or add to the report prior to the 17th. Commissioner Johnston-Madison said she will email her questions to Ms. McMonigal prior to the 17th. Chair Carper would like verification of the actual lot measurements to be certain the math is accurate, and he would like to know what can be done for the adjacent property owner in the event of damage. Commissioner Johnston-Madison recommended that the Planning Commission meet at the lot within five days. Commissioner Morris said if a majority of the Planning Commissioners meet at the lot, it is considered a public meeting. Commissioner Johnston-Madison recommended holding a study session. Ms. McMonigal said staff will be working with all of the neighborhoods during the update of the City’s Comprehensive Plan. C. Village in the Park Phase II - Preliminary Planned Unit Development and Preliminary Plat (postponed) Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-77-PUD and 05-78-S D. Bigos Apartments – PUD for Apartment Building Location: 1351 and 1361 Hampshire Avenue South Applicant: Ted Bigos Case No.: 06-30-PUD St. Louis Park Council Meeting Item: 060506 - 4n - Planning Commission Minutes Of April 26, 2006 Page 9 Senior Planner Sean Walther presented the staff report. Commissioner Person asked if there is a provision for recycling, which requires additional space for recycling containers. Mr. Walther said it will be required. In response to Commissioner Morris’ question about bicycle storage, Richard Hennings, architect, said the proposal is for storage inside the garage. An I-bolt in the wall will be located at each parking space. Commissioner Morris said he questions bike storage provided as the space between the front of one’s car and the wall. He said the City needs a better standard of what a bike storage area is. Commissioner Morris asked staff to define it. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of the Preliminary and Final Planned Unit Development, subject to conditions as recommended by staff. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. 5. Communications A. Recent City Council Action – April 17 B. Other The Planning Commission agreed on the need to discuss lot sizes further. 6. Adjournment The meeting was adjourned at 10:10 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 060506 - 4o - Planning Commission Minutes Of May 3, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 3, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Dennis Morris STAFF PRESENT: Meg McMonigal, Sean Walther, and Nancy Sells 1. Call to order - Roll Call 2. Minutes: None 3. Hearings: A. Highway 7 Corporate Center – Conditional Use Permit for Land Reclamation and Preliminary and Final Plat Approvals Location: 7003 Lake Street, 6651 Highway 7, and 3625 and 3629 Hampshire Ave. Applicant: CPE Exchange (Paul Hyde) Case Nos.: 06-32-CUP and 06-31-S Senior Planner Sean Walther presented the staff report. Mr. Walther said the applicant, CPE Exchange (Paul Hyde), has agreed to provide a railroad easement over the southeast portion of the property for a potential rail line. In regard to the Methodist parking area, Chair Carper asked if there is concern about flooding or drainage due to lowering the existing grades by up to six feet. Mr. Walther said the applicant will provide storm water detention on the site. A small portion of the lot would flood during a 100-year event. Commissioner Person asked what would be the impact on parking if the railroad easement were exercised. Mr. Walther said the impact may result in relocation costs for Methodist Hospital parking located within the easement area. Paul Hyde said the storm water and flooding will be dramatically improved on the site. There will be signage for those stalls that may be subject to flooding in a 100-year event. Mr. Hyde said on the railroad easement, the current impound lot will be kept in the railroad right-of-way easement, the police and city have a month-to-month sublease. In the event the railroad right-of-way easement is needed, the lease would be terminated and they would have to relocate. St. Louis Park Council Meeting Item: 060506 - 4o - Planning Commission Minutes Of May 3, 2006 Page 2 Mr. Hyde said building construction is proposed to start in the fall of 2006. Hauling is anticipated to take place from June-August. Chris Thompson, Geomatrix Consultants, said about 20,000 yards of material will be brought on site and about 8,000 yards will be removed. Mr. Thompson said there may be days when trucks from both projects are on site simultaneously. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson said it is a straightforward project, and he strongly endorses it. Commissioner Robertson made a motion to recommend approval of the preliminary plat and recommend approval of conditional use permit for land reclamation. Commissioner Kramer seconded the motion. The motion passed on a vote of 6-0. B. Louisiana Alignment – Conditional Use Permit for fill/grading and Variances Location: 7200 and 7250 Hwy. 7 Applicant: City of St. Louis Park and Geomatrix Case Nos.: 06-29-CUP, 06-33-VAR, 06-34-VAR Mr. Walther presented the staff report. According to the staff report, the applicant may expand the proposed parking lot to include the neighboring billboard site. The applicant is currently negotiating with the company that owns the billboard and has a ground lease for the site. The parking lot would be expanded to approximately 413 stalls if it includes the billboard site. The parking lot will be constructed in a manner that caps the site to prevent ground water contamination; therefore, the parking lot cannot contain the required landscaping islands and needs a variance to proceed. Commissioner Kramer asked how long the parking lot will be an interim use. Mr. Walther said he guesses it would be 15-20 years. Commissioner Robertson asked what landscaping would have to be installed if the variance wasn’t approved. Mr. Walther explained the landscaping requirements. Commissioner Robertson said the positive aspect of this lot is to cap bad soils, therefore, we should cap all the bad soils we can, and then the landscape variance has more impact with the larger site than the smaller site. Commissioner Robertson asked what does the variance specifically state. Mr. Walther said the variance would allow no landscaping interior to the parking lot. Commissioner Kramer is bothered by the sparseness of the landscaping. How many spaces would be lost if minor landscaping were done. Mr. Walther said any reduction in parking stalls would mean having to provide another location for parking—Methodist Hospital must maintain 800 stalls. Mr. Walther said with 272 stalls (the reduced site) there would need to be another site identified for additional parking, i.e., about 80 stalls. St. Louis Park Council Meeting Item: 060506 - 4o - Planning Commission Minutes Of May 3, 2006 Page 3 Mr. Hyde said the MPCA-approved clean up plan for capping the EDA site is designed to cover polluted soils. Methane and tar impacts make it difficult to have landscaped islands so the applicant prefers to focus on the exterior of the cap. Mr. Hyde is willing to explore ways to exceed the landscaping ordinance requirements but they are crunched for parking spaces and do not want to violate the cap. Mr. Hyde said the City’s impound lot consumes extra stalls. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson is okay with the CUP but the variance is problematic. He acknowledged the difficulties in providing the landscaping when talking about puncturing the cap, however, different landscaping could provide the intent of the landscape ordinance. Commissioner Robertson would be willing to consider a variance for a reduction of landscaping and a different make up of landscaping from the ordinance. Planning and Zoning Supervisor Meg McMonigal said the need for the landscaping variance is due to the capping of site. Commissioner Robertson said it would be possible to have landscaping and not violate the cap but it would increase costs. Commissioner Kramer agrees with Commissioner Robertson, i.e., he agrees with the CUP but he is bothered by the landscaping variance. Commissioner Kramer would like to at least load up the perimeter with landscaping. Commissioner Robertson moved to approve the Conditional Use Permit request for fill/grading. Commissioner Kramer seconded the motion. The motion passed 6-0. Commissioner Robertson moved to deny the landscaping variance based on criteria No.1, with which he disagrees; as far as providing landscape islands would necessarily punch holes in the cap. Commissioner Johnston-Madison seconded the motion. The vote was 5-1 (Commissioner Person voted against). The motion to deny the variance passed. C. Cedar Point Redevelopment – Conditional Use Permit and Variances Location: 5330 Cedar Lake Road Applicant: JMW Development Case Nos.: 06-36-CUP and 06-37-VAR Mr. Walther presented the staff report. Commissioner Robertson asked if the site plan has been reviewed by the Fire Chief. Mr. Walther said yes and the Applicant is able to provide an adequate fire lane. Chair Carper would like to discuss with the applicant landscape treatments or decorative fencing to deter crossing at various locations. St. Louis Park Council Meeting Item: 060506 - 4o - Planning Commission Minutes Of May 3, 2006 Page 4 Commissioner Robertson asked if there could be more landscaping near the building. Paul Maenner, JMW Development, said that would be a challenge. Commissioner Robertson encouraged Mr. Maenner to look at every corner, nook and cranny for landscaping. Bruce Cornwall, LHB Architects and Engineers, said the client is interested in a contemporary building with as much glass as possible but prospective tenants have indicated they would prefer less glass. Commissioner Kramer asked about the service doors and safety. Mr. Maenner said the doors have been recessed; the doors do not open right out into the driveway. Commissioner Kramer asked about the safety of employees using the service doors. Commissioner Person remarked that seasonal planters would be nice to have in the seating areas. Chair Carper asked for sculptural elements in some areas. Mr. Maenner asked how one makes tasteful selections. Ms. McMonigal said the City has worked with Forecast Public Art. Mr. Maenner said they will see what can be done to incorporate Chair Carper’s request. Commissioner Person said St. Louis Park Friends of the Arts may be helpful. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of the Conditional Use Permit for a drive-through and to recommend approval of the variances for drive aisle width, parking setbacks, and impervious surface coverage. Commissioner Kramer seconded the motion. The motion passed on a vote of 6-0. 4. Other Business 5. Communications A. Recent City Council Action – May 1, 2006 6. Adjournment The meeting was adjourned at 7:43 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 060506 - 4p - Fire Civil Service Commission Minutes February 6, 2006 Page 1 MINUTES FIRE CIVIL SERVICE COMMISSION February 6, 2006 – 8:00 a.m. FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL 1) The meeting was called to order at 8:00 a.m. by President MacMillan. 2) In attendance were Commission President William MacMillan, Commissioners David Lee and Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Luke Stemmer, Fire Chief; Mark Windschitl, Battalion Chief; Mike Dobesh, Battalion Chief; Bill Ryan, Union President; and Shawn Glapa, Fire Lieutenant. 3) A motion was made by Commissioner Lee, seconded by Commissioner MacMillan to appoint Marjorie Douville as the President of the Fire Civil Service Commission for the final year of her term, in accordance with state statute. The motion carried unanimously. 4) A motion was made by Commissioner MacMillan, seconded by President Douville to appoint Commissioner Lee as Secretary to the Fire Civil Service Commission for 2006, in accordance with state statute. The motion carried unanimously. 5) A motion was made by Commissioner Lee, seconded by Commissioner MacMillan to accept the minutes from the August 3, 2005 meeting. The motion carried unanimously. 6) Chief Stemmer updated the Commission on the status of the Fire Lieutenant position. The current eligibility list will expire in March. The list is used to assign out-of-class pay to Firefighters and the Department anticipates a Lieutenant vacancy this year due to a retirement. The process recommended to the Commission is different from the last Lieutenant process in three ways: 1) a new company – Hennepin County Technical College – will provide testing services and tailor the testing to incorporate the Department’s operating procedures. 2) there will be no promotability index. 3) up to 5 points will be awarded to candidates based on longevity with the SLP career fire department. The Chief noted that the process had been discussed with the union at Labor Management committee meetings. This process is anticipated to commence in the Spring. 7) A motion was made by Commissioner MacMillan, seconded by Commissioner Lee to approve the recommended recruitment process for the position of Fire Lieutenant, with the clarification that longevity points are based upon years of service in the St. Louis Park career fire department. Discussion followed. Commissioner Lee had questions regarding training available to Firefighters to prepare for the process, and agreed that it was a good idea to approve the process now so that the eligibility list is established soon. Motion carried unanimously. 8) Chief Stemmer provided an overview of the Fire Department for 2005 (report attached). Topics included Technology, Fire Prevention, Statistics, Equipment, Staffing, Strategic St. Louis Park Council Meeting Item: 060506 - 4p - Fire Civil Service Commission Minutes February 6, 2006 Page 2 Planning, and Station update. Commissioner MacMillan noted he has received 4-5 positive compliments about Battalion Chief Cary Smith. The Chief also played a video of a Channel 9 news report from February 5, 2006 about St. Louis Park Fire Stations. 9) A motion was made by Commissioner Lee, seconded by Commissioner MacMillan to accept the Chief’s report and video as a part of the Commission’s minutes. The motion carried unanimously. 10) A motion was made by Commissioner MacMillan, seconded by Commissioner Lee to adjourn the meeting. The Commission adjourned at 8:55 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Attachment: Chief Stemmer’s Fire Civil Service Commission Report: Overview of 2005 St. Louis Park Council Meeting Item: 060506 - 4p - Fire Civil Service Commission Minutes February 6, 2006 Page 3 Fire Civil Service Commission Report Luke Stemmer: Fire Chief I. Introduction • I would like to share with the Commission the following report of the Department’s activities in FY 2005. II. Fire Department Technology • We have been working all year to finish the project of mounting mobile computers in all the first run apparatus. Firehouse, our main data base, seems to have exaggerated their programs abilities to work in a wireless environment. Now that we know this we are taking another approach and hope to have it operating within a month. Cross your fingers. • This spring we became a beta test site for a product out of California called Drive Cam. This is a vehicle mounted video camera, that when activated by erratic driving, records for 10 seconds before and after the incident. We are using a peer review system of these videos with the idea that they be used as a training tool instead of just a disciplinary tool. III. Fire Prevention Bureau • Battalion Chief/Fire Marshal, Cary Smith, has his first full year under his belt. New construction and a lack of funds has hampered Cary’s desire to start new fire prevention and education programs. With the addition of new Lieutenant Shawn Glapa it is hoped the he will have more time in 06 to look at new programs. • We continue to work on getting all company inspections on the computer data base. We are finishing up on crew training and hope to have them ready to go at the same time as the computers. • The special assessment sprinkler program remains a popular remodeling tool for the business community. At least half a dozen additional businesses are now sprinkled because of it. • At the end of 2005, Hennepin County Fire Chiefs started a County wide arson investigation team. Membership is made up from departments all over the County. St. Louis Park has one member on the team with more in training. IV. Fire Statistics 2005 Structure Fires 48 Other Fires 60 Rescue/Emergency Medical 2,741 False Alarms 312 Mutual Aid Given 54 Hazmat Responses 60 Other Hazardous Responses 118 All Other Responses 576 Total for all Fires 3,970 St. Louis Park Council Meeting Item: 060506 - 4p - Fire Civil Service Commission Minutes February 6, 2006 Page 4 V. Fire Equipment • There were no major equipment purchases made in 2005. The City reorganized fleet maintenance and it is now part of Parks and Rec. This move frees up Public Works to focus more on capital improvement projects around the City. VI. Staffing • For the first time since becoming chief we are fully staffed. Mark Windschitl finished probation as a Captain and the next week replaced retiring BC John Lindstrom as the Departments new Operations Battalion Chief. Mark Nelson was appointed to fill the vacant Captains position and Pete Ludwig and Shawn Glapa filled the long vacant Lieutenants positions in the Fire Office. • The Paid-On-Call class of 2005, was the largest we have had since the reinstatement of the program in 1996. In August, 11 men and one woman started their Firefighter 1 training. All indications are that this group is going to be a good addition to the Department. VII. Strategic Planning • Although we started meeting in 2004, 2005 will be known as the first year the Department strategically planned a list of things we wanted to accomplish. Above all it has been a learning experience for everyone. We did get a new mission statement for the Department as well as many other initiatives brought forward by everyone in the organization. We will be continuing this process in 2006. VIII. Stations • In late December we inspected both stations to see what if any improvements needed to be made. During this inspection cracks in the floors at both stations created enough concern that an outside engineer was brought in to evaluate them. His report indicated the weight of the trucks in both stations appeared to be about 30% over their designed limits. The decision was made to remove the ladder from Station I and an engine from Station II. Both trucks are currently being housed, in service, at the City Garage on Oxford St. Plans to reinforce the floors have been completed and bids should be going out this week. It is our hope that work will be completed in the next couple of months and the equipment back in their stations. • We are putting together a request for proposal for a consulting company to do a station evaluation and make a recommendation as to the number and location of fire stations in St. Louis Park. IX. Mutual Aid • For a number of years we have had automatic aid with three communities, Edina, Hopkins, and Golden Valley. Currently we are talking to Minnetonka and Minneapolis about automatic response too and from both Cities on a first alarm bases. We will know more later this spring. St. Louis Park Council Meeting Item: 060506 - 6a - Public Hearing Napa Jacks Liquor License Page 1 6a. Public Hearing to consider granting an off-sale intoxicating liquor license to Napa Jack’s, Inc., DBA Napa Jack’s, 4200 Minnetonka Boulevard, St. Louis Park, MN Recommended Action: Mayor to close the public hearing. Motion to approve an off-sale intoxicating liquor license for Napa Jack’s Inc., 4200 Minnetonka Blvd. BACKGROUND: Napa Jack’s, Inc. has made an application to the City of St. Louis Park for an off-sale intoxicating liquor license located at 4200 Minnetonka Blvd. on the northwest corner of Minnetonka Blvd. and Inglewood Avenue. Dennis Donald Youngquist will be the sole owner, president, and store manager of Napa Jack’s. Mr. Youngquist has over 17 years of experience in sales and marketing with a Minnesota wine distributor and as a representative of California and European wineries. Napa Jack’s is an upscale, specialty liquor store occupying approximately 3,800 sq. ft. of a one story retail/office building. Some of the unique services are as follows: • The store’s sales will consist of approximately 80% wine. • Wines will be arranged and displayed in unique ways. • Area with wine books, magazines and exclusive gifts. • Expert catering advice for weddings. The public hearing legal notice was published May 18, 2006. APPLICATION: The Police Department has run a background investigation of Napa Jack’s, Inc. Owner/President Dennis Donald Youngquist and has found no reason to deny the license. RECOMMENDATION: The applicant has met all requirements for issuance of the license and staff is recommending approval. Prepared By: Nancy Stroth, City Clerk Reviewed By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8a - Confirm Appointment Of Finance Director Page 1 8a. Resolution confirming the appointment of Bruce M. DeJong to the position of Finance Director. Recommended Action: Motion to adopt resolution confirming the appointment of Bruce M. DeJong to the position of Finance Director effective June 19, 2006. BACKGROUND: With the resignation of Jean McGann, a vacancy has been created in the position of Finance Director. Following an extensive recruitment and selection process, the City Manager has selected Bruce M. DeJong to fill the position. The City’s Finance Director provides leadership and direction for all financial matters for the city including: accounting, assessing, budget, investments, bonding, tax increment financing, housing authority, economic development authority, billing, fixed assets, capital improvement, equipment replacement programs and risk management. The Director works closely with the City Manager on all financial matters including long range planning, policy, and investments. Most recently, Mr. DeJong has been a Financial Advisor with Ehlers & Associates, Inc. In addition, he has significant financial management experience with the cities of Chanhassen, Minnetonka and Watertown, SD. The City of St. Louis Park will be fortunate to have him bring his many talents and abilities to our community. City Charter Section 5.02: Powers and Duties of the City Manager, states that with the consent of the Council the City Manager may appoint all department heads and other officers of the City . At this time, the City Manager is seeking confirmation from the Council of the appointment of Mr. Bruce M. DeJong as Finance Director. Attachments: Resolution Resume (Supplement) Prepared by: Lori Vail, HR Office Assistant Reviewed by: Nancy Gohman, Deputy City Manger/HR Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8a - Confirm Appointment Of Finance Director Page 2 RESOLUTION NO. 06-095 CONFIRMING THE APPOINTMENT OF BRUCE M. DEJONG TO THE POSITION OF FINANCE DIRECTOR EFFECTIVE JUNE 19, 2006 WHEREAS, St. Louis Park City Charter section 5.04 grants authority to the City Manager to control and direct the administration of the City's affairs and to appoint with the consent of the Council all Department Heads; and WHEREAS, the resignation of Jean McGann has resulted in a vacancy in the position of Finance Director; and WHEREAS, the City Manager has conducted an extensive recruitment and selection process and as a result of that process now wishes to appoint Bruce M. DeJong to the position of Finance Director; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the decision of the City Manager to appoint Mr. DeJong to the position of Finance Director effective June 19, 2006 is hereby confirmed. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 1 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Recommended Action: Motion to adopt Resolution approving an amendment to the Comprehensive Plan from P – Park to RL – Low Density Residential for the property at 4525 Morningside. Motion to adopt Resolution approving Browndale Park Second Addition Preliminary and Final Plat. Planning Cases: 06-02-CP and 06-03-S DESCRIPTION OF REQUEST: At the April 17th City Council meeting, the City Council postponed consideration of the Comprehensive Plan Amendment and Plat of Browndale Park Second Addition until June 2006. On May 8th the City Council discussed the idea of a “park” zoning district at its study session. RECOMMENDATION: Staff and the Planning Commission recommend approval of an amendment to the Comprehensive Plan for the parcel at 4525 Morningside Road from Parks and Open Space to Low Density Residential. Staff and the Planning Commission recommend approval of the Preliminary Plat and the Final Plat for Browndale Park Second Addition, with conditions outlined in the Resolution. Attachments: Resolution Approving Comprehensive Plan Resolution Approving Preliminary and Final Plat Staff Report of April 17, 2006 City Council report Final Plat (supplement) Preliminary Plat (supplement) Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 2 RESOLUTION NO. 06-096 RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4525 MORNINGSIDE ROAD WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on May 17, 1999 (effective September 1, 1999) and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 3 WHEREAS, the Housing chapter of the Comprehensive Plan states, “The greatest deficit and need is for the creation and maintenance of detached, owner-occupied single family housing which are large enough to accommodate families. City housing efforts and resources should primarily address this need,” and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on April 5, 2006, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies, and WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 06-02-CP), and WHEREAS, the contents of Planning Case File 06-02-CP are hereby entered into and made part of the public hearing record and the record of decision for this case. NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on the attached map from P - Park to RL – Low Density Residential for the property at 4525 Morningside Road Reviewed for Administration: Adopted by the City Council June 5, 2006 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 4 SUMMARY RESOLUTION NO. 06-095 RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4525 MORNINGSIDE ROAD This resolution states that the Comprehensive Plan land use designation of 4525 Morningside Road will be changed from P – Parks and Open Space to RL – Low Density Residential Adopted by the City Council June 5, 2006 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 15, 2006 St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 5 RESOLUTION NO. 06-096 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF BROWNDALE PARK SECOND ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. The City of St. Louis Park, owner and subdivider of the land proposed to be platted as Browndale Park Second Addition has submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: That part of Lots 25, 26, and 27, Block 2, BROWNDALE PARK, according to the recorded plat, thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of said Lot 27; thence North 89 degrees 34 minutes 44 seconds East, assumed bearing along the north line of said Lot 27, 155.17 feet; thence South 0 degrees 25 minutes 16 seconds East, 91.25 feet to its intersection with a line drawn parallel with and distant 100.00 feet west of the east line of said Lot 26; thence South 6 degrees 17 minutes 47 seconds East, along said parallel line, 59.03 feet to the south line of said Lot 25; thence South 89 degrees 34 minutes 44 seconds West, along said south line, 161.74 feet to the southwest corner of said Lot 25; thence North 0 degrees 13 minutes 44 seconds West along the west line of said Lots 25, 26, and 27, 150.14 to the point of beginning. Conclusion 1. The proposed preliminary and final plat of Browndale Park Second Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk, subject to the following conditions: St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 6 a. Park dedication in the form of cash-in-lieu of land is collected for Lot 1, Block 1, Browndale Park Addition. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. 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 June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 7 STAFF REPORT OF APRIL 17, 2006 COUNCIL MEETING 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Case No.: 06-02-CP and 06-03-S Recommended Action: Motion to adopt a resolution approving an amendment to the Comprehensive Plan from P – Park to RL – Low Density Residential for the property at 4525 Morningside. Motion to adopt a resolution approving Browndale Park Second Addition Preliminary and Final Plat Comprehensive Plan: P - Parks and Open Space Request: RL - Low Density Residential Current Zoning: R-1 – Single Family Current Land Use: Vacant Proposed Land Use: One new single-family lot and dwelling and the addition of 8.89 feet to the neighboring property Description of Request: As a part of the Excess Land process, 4525 Morningside Road was determined to be a parcel that would be sold for a single-family home. The zoning on the property is R-1, Single Family Residential, which allows single family homes. An amendment to the Comprehensive Plan and a Preliminary and Final Plat for this property are required to facilitate the sale. The proposed Comprehensive Plan amendment would change the lot’s designation on the Comprehensive Plan from Parks and Open Space to Low Density Residential. The plat creates one new lot and expands the adjacent existing lot. The neighboring property at 4309 Browndale Road would be widened by 8.89 feet, which would facilitate the expansion of the existing house. Excess Land Process: After a year long public process, in December of 2005 the City Council passed a resolution in support of the sale of several parcels that had previously been classified as excess publicly- owned land. This approval by the Council was preceded by a two year long “Housing Summit” process and then by a public process that began in January of 2005 with the appointment of the Excess Land Task Force. The deliberations and public process that led to the Council’s determination to sell certain parcels is outlined in the Excess Land Process attachment to this report. The parcel at 4525 Morningside Road was determined by the Excess Land Task Force to be excess land that could be suitable for the construction of a single-family home. The Excess Land Task Force found that there were 9 parcels citywide that could be used for the construction of up to 17 new single-family homes. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 8 The amendment to the Comprehensive Plan and platting the parcel are the next steps in preparing the parcel at 4525 Morningside Road for sale to the public. The sale of the parcel, which will provide move-up housing within St. Louis Park, includes guidelines to ensure that the future construction is compatible with the existing neighborhood and will give preference to current residents of St. Louis Park. Planning Commission Recommendation: On April 5, 2006, the Planning Commission held a hearing on the proposed Comprehensive Plan amendment and plat. Several neighbors were present and spoke at the hearing as opposed to the proposed Comprehensive Plan amendment and plat. Most neighbors commented that they did not want to see the property sold for building a single family home. Comments included that the park functions as a gateway, provides shade, views should be preserved, and it has a safety function (minutes attached). The Planning Commission recommended approval with a 4-2 vote. 4525 Morningside Road Comprehensive Plan: The City’s Comprehensive Plan is a general guide for the growth and development of the community. It is a dynamic document. The current full plan was adopted in 1999, but is under continual review and refinement, reflecting the constantly changing conditions in the City. Since 1999 the Comprehensive Plan has been amended many times and will continue to be refined as conditions warrant. The 1999 Comprehensive Plan designates the 4525 Morningside parcel as Parks and Open Space. For it to be used for a single family home, it should be designated RL. The Comprehensive Plan permits densities of up to seven units per acre in the RL – Low Density Residential District. In this case, only one new single-family residential dwelling could be built on the site. The proposal to amend the Comprehensive Plan Map for this parcel is supported in the Housing Chapter of the Comprehensive Plan, where it is stated, “the greatest deficit and need is for the creation and maintenance of detached, owner-occupied single family homes which are large enough to accommodate families. City housing efforts and resources should primarily address this need.” The proposal also meets the planning goals for land use, which call for infill development to help meet housing goals. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 9 Preliminary and Final Plat: The plat meets the requirements of the Subdivision Ordinance. It consists of the following: ▪ Lot 1 – 85’ x 155’ for a new single family home (13,175 s.f.) ▪ Lot 2 – 67.78’ x 155’ for an existing single family home (10,506 s.f.) ▪ Right-of-way - 6.25’ to be dedicated for Morningside Road ▪ Total area = 22,544 square feet A single-family lot in the R-1 district is required to be 75 feet wide; 85 feet wide if on a corner. The property is proposed to be subdivided into one lot, 85 feet wide by 155 feet deep, with the remaining 8.89 feet x 155 feet being added to the adjacent neighboring property to the south (4309 Browndale Road). The neighbors to the south expressed an interest in purchasing additional property in order to facilitate an addition to their home. To accommodate the existing curb line of Morningside Road, an additional 6.25 feet is being added to the right-of-way. Drainage and utility easements are shown on the plat as required by the City’s Subdivision Ordinance, placed around the perimeter of each lot. The plat meets the requirements of the Subdivision and Zoning Ordinances. R-1 zoning requires a minimum lot size of 9,000 square feet and 75/85 feet of width at the setback line. Recommendation: Staff and the Planning Commission recommend approval of an amendment to the Comprehensive Plan for the parcel at 4525 Morningside Road from Parks and Open Space to Low Density Residential. Staff and the Planning Commission recommend approval of the Preliminary Plat and the Final Plat for Browndale Park Second Addition, with the following conditions: 1. Park dedication in the form of cash-in-lieu of land is collected for Lot 1, Block 1, Browndale Park Addition. Attachments: Location Map Comprehensive Plan Amendment Map Comprehensive Plan Text – Plan By Neighborhood - Browndale Resolution Approving Comprehensive Plan Resolution Approving Preliminary and Final Plat Draft Planning Commission minutes Preliminary Plat (supplement) Final Plat (supplement) Prepared by: Meg McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 10 Plan by Neighborhood U-10 Comprehensive Plan 2000 - 2020 St.Louis Park, Minnesota Neighborhood Name: Browndale Neighborhood Park: Browndale Park Major Neighborhood Streets: Wooddale 1996 Average Weekday Traffic Counts: 3,200 % Change From 1980: +1% Pedestrian Issues: Crossings at TH. 100 and Excelsior Housing Condition: See Chapter P Anchoring Businesses and Institutions: Most Holy Trinity School Neighborhood Character: The Browndale neighborhood was subdivided in 1915 and home construction occurred relatively early taking advantage to street car lines on 44th Street. With the exception of commercial and civic uses along its northern boundary, the Browndale Neighborhood is composed primarily of single family homes. Brown- dale Park provides a recreation and aesthetic amenity in the south central portion of the neighborhood. Wooddale, a minor collector route, serves the neighborhood. A pedestrian link is proposed extending from the pedestrian bridge at Highway 100 to Brookside Community Center through the neighborhood to Susan Lindgren School. Specific Development Guidelines: No expansion of commercial development into the residential area is proposed. Desired Neighborhood Improvements: Add sidewalks, especially along Quentin, Brook Street, and Wooddale north of Princeton; Stricter winter maintenance for sidewalks; accessible sidewalks; safe crossings, especially on Excelsior Boulevard; a walking trail and rest rooms in Browndale Park; improved transit, especially north/south connections; Traffic calming; Pedestrian lighting; Sound walls on TH. 100; larger single family homes; added gymnasium space, add trees. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 11 Unofficial Minutes Planning Commission April 5, 2006 E. Comprehensive Plan Amendment and Plat to Create One Single Family Lot Location: 4525 Morningside Case Nos.: 06-02-CP and 06-03-S Applicant: City of St. Louis Park Ms. McMonigal presented a staff report. According to the staff report, 4525 Morningside Road was determined to be a parcel that would be sold for a single-family home. An amendment to the Comprehensive Plan and a Preliminary and Final Plat for this property are required to facilitate the sale. The Comprehensive Plan amendment will change the lot’s designation on the Comprehensive Plan from Parks and Open Space to Low Density Residential. The plat includes two lots—one for a new single family home and one that includes the neighboring property at 4309 Browndale Road, and adds 8.89 feet of width by 155 feet of depth to it. Commissioner Morris said the dedication language in the final plat should also state “the easement for public street,” i.e., dedicate the street as being added in. Ms. McMonigal said it will be added. Chair Carper opened the public hearing. Mac Chatfield, 4252 Toledo, a frequent user of Browndale Park, opposed the motion to amend the Comprehensive Plan. He cited the Comprehensive Plan for park and open space in a document already approved, and to sell that lot is contrary to the goals of the Comprehensive Plan. Mr. Chatfield said in November 2005 the Council discussed what to do with the funds generated by the sale of the property. In part, Council said the revenues would not be placed in the general fund but would serve the needs relating to an environment and the need for open space. Mr. Chatfield said by selling this, you are going opposite to what the desires are. He urged the Comprehensive Plan not be amended. Patsy Monson, 4240 Browndale Avenue, asked for a clarification regarding the zoning of Browndale Park. Ms. McMonigal said the property is zoned R-1, single family residential, and it also includes parks and open space in the city. Most parks and open space have an R-1 zoning. Ms. Monson asked: Why was this put on the Excess Land list in the first place? Why is a park deemed excess land? Commissioner Robertson was on the Excess Land Committee, and he said it was explained to him that although it is designated on the Comprehensive Plan as an open space it was not owned or maintained by St. Louis Park nor did St. Louis Park desire to own or maintain it, therefore, it was deemed excess land. Ms. Monson asked, why then change the land use designation of it? Ms. McMonigal said the designation needs to be changed in order to place a single-family home on the lot to show that the Comprehensive Plan would be residential, low density as the land use. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 12 Ms. Monson said so a park is really not a park and can be sold willy-nilly. That is what the neighborhood is concerned about because it has been a park for 60 years, it has been used as a park, and it has been maintained by the City of St. Louis Park as a park. Ms. Monson would like it to remain designated as a park. Chair Carper asked if the Parks department or the City has maintained this area. Ms. Larsen said she doesn’t know. It was determined by the Task Force and the Council that this parcel is not integral to the park. Ms. Monson asked: What prevents the sale of remaining lots that make up the rest of Browndale Park? Chair Carper said essentially nothing other than the process that exists to sell any other pieces of property the City owns. Commissioner Kramer asked if that corner of land was part of the park originally or part of tax forfeited land that became annexed to the park. Ms. Larsen said this parcel is not a tax forfeit parcel, the City owns it outright. It was probably acquired through condemnation. Ms. Monson said it was a swamp and a lake. Reverend Molly Cox, 4920 Morningside Road, opposes the motion. Reverend Cox has lived on Morningside Road for 35 years. Browndale Park is extremely important to the neighborhood—it is the focus and center of the neighborhood. It has been used and cared for and loved in the past 10 years better than ever before. Bruce Fisher, 4359 Browndale, said the park is common space, and common space is important. Mr. Fisher asked: What will be done with the money from the sale of the parcel? It is park land and should be maintained as park land. Commissioner Morris asked: What is the difference between city-owned land and city-owned land used as park? Ms. McMonigal said it is all city- owned, St. Louis Park does not have a Park Board. Chair Carper asked about various maintenance departments. Ms. McMonigal said there is a separate parks maintenance department and they maintain the parks, including Browndale Park. Commissioner Kramer asked, what was the identifying force behind the Browndale parcel? Ms. Larsen said the original identification of the parcels was done in 1995 by the Parks and Open Space Study. They studied 397 vacant parcels in the City. Browndale was identified as not integral to the park. Commissioner Kramer asked speakers to state why they find this part of the park to be integral. The question asked was: Is this parcel considered a gateway to the park. The audience responded yes. Susan Cantor, 4249 Utica Avenue South, said yes, it is a gateway to the park. It is integral because by and large it is a very sunny park and that parcel provides shade. John Lawson, 4320 Browndale, said the park attracted him to buy his home. Mr. Lawson mentioned a letter sent to residents by the City of St. Louis Park, dated the 7th, and it discussed the aging street program and modifications to the street for a cable down Browndale Park. The St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 13 maps show the park going to the corner of Morningside and Browndale. Mr. Lawson doesn’t want to call St. Louis Park the “City that sells the Park.” There are several celebrations in Browndale Park and he anticipates having those celebrations on that corner, if it is not sold. When this item came up, over 200 people signed a petition protesting the sale of this lot. If that lot is sold, Mr. Lawson said it would be a failure of a democratic process and a failure of a democracy right here in St. Louis Park. Chair Carper said he will accept the letter as an exhibit and will retain it permanently. Wendy Olson, 4316 Browndale, asked if the State allows the City to sell parkland. Ms. Olson would like to get a hold of the original plat and see if it states “the intent of the land.” She asked to table this item until they get the information. Some cities state in their Charters that parkland cannot be sold without a general election. Ms. Olson said that is not in the St. Louis Park Charter, but it should be. Ms. Larsen said when a plat is recorded and if it is dedicated as parkland, then there are different processes that a city would have to follow to sell the parcel. The original plat does not state it as being dedicated as parkland; therefore, it can be sold. Ms. Larsen said the City has a copy of the original plat and would be happy to share it with the neighborhood. The entire park is non-dedicated. Commissioner Johnston-Madison suggested that Ms. Larsen provide background information for the new commissioners on the Excess Land process. Chair Carper invited people wishing to address issues to send letters to the Charter Commission in care of the City Clerk and those actions will be considered. Lyn Osgood, 4337 Browndale, said neighbors do maintain the park. The park building has shifted closer to the streets and there are unknown traffic patterns. No traffic studies have been done. Ms. Osgood said that corner should be left as a flood region because of its low elevation. The park is the neighborhood connector. Ms. Osgood asked: Why would a home face Morningside? It would not be aesthetically pleasing. A home would create a blind spot on that corner. There are now 46 children on the park. Commissioner Robertson said zoning pretty much designates the short side of the lot as the front so it probably would face Browndale. Mike Schacherer, 4321 Browndale, said the selling point for him was the park. He purchased his home in August of 2005. He said the neighborhood is highly organized and vital. The neighborhood loves that park. Mari Salveson, 4309 Browndale, reviewed the support from the neighborhood, i.e., over 200 signatures have been gathered and over 70 representatives have spoken at meetings, and 200 yard signs ordered. Ms. Salveson asked: Can the R-1 zoning be changed so as not to exist? What about the little parks? Can we revote? Can we table it and have the Council look at it again. We need to protect open space and green space. Ms. Salveson said the Browndale Neighborhood Association would like to propose to buy the parcel. Commissioner Morris asked: How will the lot sale be conducted? Ms. Larsen said it will be a sealed bid process. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 14 Ms. McMonigal said Mari Salveson, the neighbor to the south, is a party to the plat. Ms. Salveson said for the record, she was highly involved in this, opposing the development of the land, and she met with Kathy Larsen. Ms. Salveson said take the 8.9 feet but let us have our park, and if a house is built, she wants it to be 8.9 feet less big. Nicole Lenzen, 4300 Browndale, said the parcel is a gateway. The intersection is dangerous and a home on that parcel would obstruct the view of people and children crossing. Do consider the importance of the parkland. Peter Lenzen, 4300 Browndale, said his concerns are: The loss of this land will take parkland away; removal of an access; and create a safety issue. Mr. Lenzen said stop signs are few. He wonders how much open space per person St. Louis Park has. The number of children should be considered. Mary Campbell, 4306 Browndale, said she agrees with the concerns voiced. With a new Council in place, could this issue be re-presented to them? She said she promised her 8-year-old son that she would ask: Why are you taking my 8-year-old son’s ball field away from him? Chair Carper said this item will go to Council on April 17th. Glen Sorenson, 4340 Browndale, said he thinks parkland is actually called public use land in the Minnesota Statutes. Commissioner Morris said Mr. Sorenson is correct, it is termed “dedicated for public use.” Ms. Osgood said St. Louis Park is in the middle of change. To tap into one lot doesn’t make sense. Jim Ertz, 4340 Coolidge, is a 40-year resident and he doesn’t want the park to be sold. Ms. Salveson said the neighborhood understood that sale would be open to St. Louis Park residents only, but they’ve since learned that isn’t so. Ms. Larsen remarked that the sale process has a preference for a St. Louis Park resident. Chair Carper closed the public hearing. Commissioner Robertson said he was part of the Excess Land Committee and also the Housing Summit. It was not about the money. He said the Task Force was aware of neighborhood concerns and how much the park has been used. Commissioner Johnston-Madison, also on the Excess Land Committee, said there were many months of discussion and it was never about the money, it was about move-up housing. Commissioner Kramer, also on the Excess Land Committee, said he would like to see if there is a way that the neighborhood is really serious about buying the property, to create a trust. He encourages the neighborhood to explore the trust concept. St. Louis Park Council Meeting Item: 060506 - 8b - Comp Plan Amendment Subdivision Morningside Browndale Park Page 15 Commissioner Morris applauds the neighborhood for their work. He said the matter before the Planning Commission is to change the Comprehensive Plan only. The decision to sell the land has been made. Commissioner Morris supports the neighborhood’s idea of retaining it as a park and he urges the Browndale neighborhood to try to sway the Council to give it another review— some things may have changed. Chair Carper said he would like to find a way to facilitate the additional land for the neighbor. He thinks the park area should be kept as it is. Chair Carper will propose a motion that the City not sell the entire lot but does facilitate the expansion of the house next door to whatever lot could be necessary. Commissioner Johnston-Madison she didn’t think the Planning Commission could do that. Through a lengthy process it has already been decided that the lot will be sold She said she is not comfortable giving non-approval back to the Council. Chair Carper thinks the Planning Commission can do this, saying that the Commission has its own opinions. Commissioner Johnston-Madison said she is not for amending the decision at all. Commissioner Robertson made a motion to recommend approval of an amendment to the Comprehensive Plan for 4525 Morningside Road from P – Park to RL – Low Density Residential and to recommend approval of Browndale Park Second Addition Preliminary and Final Plat. The motion was seconded by Commissioner Morris. The motion passed on a vote of 4-2 (Chair Carper and Commissioner Kramer opposed). Chair Carper said the Chair will not offer a recommendation to the Council at this time from the Commission that they should not sell that particular lot nor sell the additional land to the individual. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 1 8c. Cedar Pointe Redevelopment – Conditional Use Permits and Variances Location: 5330 Cedar Lake Road Case No.: 06-36-CUP & 06-37-VAR Recommended Action: Motion to approve a Conditional Use Permit to allow a drive-through and 93% impervious surface coverage. Motion to approve Variances for 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines. DESCRIPTION OF REQUEST: The applicant requests approval of a Conditional Use Permit (CUP) to allow:  Drive-through use  Ninety-three percent (93%) impervious surface. Code requires a CUP when impervious surface coverage exceeds 70 percent. The requested variances include:  Variance for drive aisle widths. Zoning Code requires 25’ wide drive aisles where there is 90 degree parking. Due to space considerations, the applicant is proposing 24’ wide drive aisles.  Variance for parking setbacks. Zoning Code requires a 6’ parking setback from the right- of-way in the C-1 District. The applicant proposes a 0’ setback from the west and south property lines, citing the substantial right-of-way between the property line and the street. Along the south and west portions of the site, the right of way is between 30’ to 117’ between the back of the curb and the property line. DEVELOPMENT PROPOSAL: The applicant is proposing the construction of a 12,182 square foot retail building. The developer would raze the existing industrial building. The proposed building would include 4,922 square feet for two restaurants and 7,260 square feet of general retail space. The applicant anticipates one of the restaurants would be a coffee shop and the other restaurant would feature sit-down dining. Both restaurants feature outdoor seating. The applicant has not provided specific information regarding the type of retail that will occupy the building. The site for this proposal is located adjacent to a large right-of-way area reserved for road purposes due to proximity to the major intersection of Park Place Boulevard, Parkdale Drive, and Cedar Lake Road. There is currently a parking lot encroachment into the right-of-way on the west. The proposed development will eliminate the parking in the public right-of-way and use this large, open area for landscaping. Comprehensive Plan designation: Commercial Zoning: C1 Neighborhood Commercial St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 2 The City Council changed the Comprehensive Plan land use designation from Industrial and Zoning from IP Industrial Park in November 2005. Site Map: ZONING ANALYSIS: Proposed Use Retail and restaurant uses are appropriate and permitted within the C1 Neighborhood Commercial Zoning District. The restaurants are subject to additional conditions, including more substantial landscaping requirements than is required for a typical permitted use. On the proposed site plan, the applicant has demonstrated the ability to meet these requirements. Setbacks The plan meets the minimum building setbacks. Required and proposed setbacks for the building in the C-1 Zoning District are as follows: Required Yards Required by Zoning Code Provided Front (North) 5’ 52’ Side (West) 0’ 30’ Side (East) 0’ 122’ Rear (South) 20’ 47.5’ St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 3 Code requires six-foot parking setbacks along public right-of-ways in the C1 District. The applicant requests variances from the south and west property lines (see Variance Analysis). Height The maximum height in the C-1 Zoning District is three stories or 35 feet in height. The proposed height for the building is 27’ 6”. The height of the building does not result in additional setback requirements. Parking The total parking requirement for this project is as follows: Use Zoning Requirement Total Provided General Retail 33 spaces 33 spaces Restaurants 82 spaces 93 spaces Reductions Allowed - 16 spaces - TOTAL 99 spaces 116 spaces The site is eligible for up to a 15 percent reduction from the parking requirement because the site is within ¼-mile of frequently operating transit service and the plan includes bicycle parking. Landscaping The plan provides the required landscaping and buffer around each side of the property. The plan also provides additional landscaping elements suggested by the Planning Commission, including concrete planter boxes along the building. The applicant must submit a tree preservation plan in accordance with the City Code requirements. This plan details how existing trees will be protected during construction. Tree Replacement The tree replacement plan meets Zoning Code requirements. There are 803.6 caliper inches of existing significant trees. The applicant proposes to remove 287 caliper inches. The formula for tree removal requires the applicant to provide 67.65 caliper inches of trees for replacement. The applicant proposes to install 69.5 caliper inches of trees on-site. Stormwater The applicant proposes to construct underground storage for stormwater. The City Engineer finds the stormwater plan meets City requirements. The project also requires Minnehaha Creek Watershed District review. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 4 CONDITIONAL USE PERMIT ANALYSIS: Drive-through operations require a conditional use permit in the C-1 Zoning District. The requirements are as follows:  Shall not be within 100 feet of any residential property  Provide Bufferyard D between drive-through and adjacent streets and properties.  Stacking for 6 cars per service point must be provided.  Shall not have adverse effects on traffic.  Shall not exacerbate the potential for pedestrian / vehicular conflicts.  Access shall be to a roadway identified as a collector or arterial.  Use must be in conformance with the Comprehensive Plan. Uses exceeding “intensity classification 4” also require a Conditional Use Permit. The proposed use intensity is a classification 7 because there is 93% impervious surface coverage. Requirements are as follows:  Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.  Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center.  The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. Location The site is on the southeast corner of the Parkdale Drive and Cedar Lake Road intersection. The property is not adjacent to or within 100 feet of any residential or institutional uses. The proposed drive-through window would be on the east side (back) of the building. There are two lanes on the east side of the building to provide adequate space for both the queue at the drive-through window and a bypass lane to access parking. The primary concern arising from the drive-through window location is the potential conflicts between deliveries to the restaurant and retail portions of the building and cars waiting for drive-through service. The applicant believes that through appropriate scheduling, no conflict between the drive-through and the delivery area will occur. The applicant and the proposed tenants agreed to lease restrictions preventing deliveries between 7 a.m. and 9 a.m. (peak hours for the proposed coffee shop drive through). Access and Circulation The site plan proposes access points onto Cedar Lake Road and Parkdale Drive. Parkdale Drive is a Minor Arterial Reliever and Cedar Lake Road is a Collector. Both will have full access (left and right turning movements). Patrons for the drive-through may enter the site from either the north or south, but must go to the south side of the building to get to the one-way drive-though lane at the back of the building. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 5 SRF Consulting, Inc. studied the internal and external traffic impacts of an earlier site plan. The current proposal incorporates the recommendations of the traffic engineer (see SRF Traffic Study). Landscaping A condition for a drive-through is additional landscaping. The applicant is proposing to meet this requirement through a bufferyard D, which will be comprised of a fence and a substantial amount of shrubbery. Staff finds the plan meets all the conditions for the proposed Conditional Use Permit. VARIANCE ANALYSIS: The applicant requests several variances from the Zoning Code as follows:  Variance for drive aisle widths. Zoning Code requires 25’ wide drive aisles where there is 90 degree parking. Due to space considerations, the applicant is proposing 24’ wide drive aisles.  Variances for parking setbacks. Zoning Code requires a 6’ parking setback from the right-of-way in the C-1 District. The applicant proposes a 0’ setback from the west and south property lines, citing the substantial right-of-way between the property line and the street. Along the south and west portions of the site, the right of way is between 30’ to 117’ between the back of the curb and the property line. 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 site is somewhat narrow from east to west to provide a marketable retail building width (60 feet minimum) and provide the drive aisle widths required for the parking lot. The existing parking lot is setback 0 feet from the south lot line and overlaps into the right-of-way on the west side. The project eliminates the existing encroachment into the right-of-way. The proposed setbacks and drive aisle widths are reasonable given existing site conditions. 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 right-of-way along the south and west portions of the site is between 30’ to 117’ between the back of the curb and the property line. Typically, there is no more than 18 feet. The reduced setbacks proposed will not result in any negative effects to surrounding properties. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 6 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The requested variances are reasonable given the existing encroachments and improved situation provided by the redevelopment project. Staff finds the variances provide for the preservation and enjoyment of substantial property rights. 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. Although not the standard in St. Louis Park, the proposed 24 feet wide right-of-way is adequate and common practice. There is ample boulevard area despite the zero feet setbacks proposed. Granting the 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, or endanger public safety. 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 project will provide aesthetic and service improvements to the area. It will not adversely impact the 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 ample right-of-way provides opportunity for buffer and landscaping that masks the setback variances. The drive aisle width reduction also will not be noticeable. 6. The granting of the proposed variance will not be contrary to the intent of this chapter and the comprehensive plan. The plan meets all the conditional use permit, buffer and landscaping requirements. The redevelopment plan eliminates the parking lot right-of-way encroachment and provides adequate drive aisle widths. 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 variance alleviates the difficulty of providing 25 feet wide drive aisles on a narrow lot, which makes it possible to redevelop this site and gain the public value of eliminating the existing parking lot encroachment into road right-of-way. Staff finds all the requirements have been satisfied to grant the variances. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 7 PUBLIC PROCESS: The Planning Commission held a public hearing on May 3, 2006. The City has received no comments to date. The Planning Commission recommended approval of the Conditional Use Permit and Variances. They also suggested some additions to the landscaping plan, including planters near the building or public art. The applicant revised the landscaping plan to incorporate the planters. RECOMMENDATION: This item requires two separate actions, including a resolution relating to the Conditional Use Permit and a resolution relating to the variances. The Planning Commission and Staff recommend: A. Motion to approve the Conditional Use Permit requests for a drive-through and 93 percent impervious surface in the C-1 Neighborhood Commercial District at 5330 Cedar Lake Road, subject to the conditions included in the Resolution. B. Motion to approve the Variance requests for 24-foot wide drive-aisles and zero parking setback from the west and south property lines, subject to the conditions included in the Resolution. Attachments: Resolution approving the Conditional Use Permit requests Resolution approving the Variance requests SRF Traffic Study Site Plan and related documents (supplements) Prepared by: Sean Walther, Senior Planner Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 8 RESOLUTION No. 06-100 RESOLUTION GRANTING CONDITIONAL USE PERMITS UNDER SECTION 36-193(D)(6) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT IN-VEHICLE SALES AND 93 PERCENT IMPERVIOUS SURFACE COVERAGE FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings: 1. JMW Development, LLC, has made application to the City Council for a Conditional Use Permit under Section 36-193(D)(6) of the St. Louis Park Ordinance Code for the purpose of in-vehicle sales and 93 percent impervious surface coverage within a C-1 Neighborhood Commercial District located at 5330 Cedar Lake Road for the legal description as follows, to-wit: Lot 1, Block 1, Watson’s Addition, Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06-36-CUP) and the effect of the proposed in-vehicle sales and 93 percent impervious surface coverage 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 determined that the in-vehicle sales and 93 percent impervious surface coverage will not be detrimental to the health, safety or general welfare of the community, will not cause serious traffic congestion or hazards, and will not seriously depreciate surrounding property values. In addition, the proposed in-vehicle sales and 93 percent impervious surface coverage are in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 06-36-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion: The Conditional Use Permit to permit in-vehicle sales and 93 percent impervious surface coverage at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Fire lanes shall be in accordance with Exhibit C1. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 9 3. The applicant shall submit a tree preservation plan in accordance with the City Code requirements for staff review and approval before the City will issue erosion control and building permits. 4. The applicant shall submit a Soil Erosion Control Plan for staff review and approval. 5. The applicant shall require lease restriction on deliveries to tenant spaces during the hours of 7 a.m. and 9 a.m. (coffee shop peak hours) in order to maintain at least six stacking spaces for the drive-through window. 7. The applicant shall secure permits from the Minnehaha Creek Watershed District before the City will issue erosion control and building permits. 8. 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. 9. 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. 10. Assent form and official exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 11. The applicant shall secure a Building Permit from the City. The building permit approval may impose additional requirements. 12. The applicant shall submit building and architectural screening materials samples and colors to the Zoning Administrator for approval. 13. The applicant shall submit revised site plans to the Zoning Administrator for approval that reduce the number of parking spaces that are built and show said parking spaces as proof of parking on the plans in order to provide additional landscaped areas, outdoor seating and/or pedestrian connection opportunities. 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 June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 10 VARIANCE RESOLUTION NO. 06-099 RESOLUTION GRANTING VARIANCES FROM SECTION 361(B)(3) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 24-FOOT WIDE DRIVE AISLES AND ZERO PARKING SETBACKS FROM THE WEST AND SOUTH LOT LINES FOR PROPERTY LOCATED IN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AT 5330 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings: 1. JMW Development, LLC has applied for variances from Section 361(b)(3) of the Ordinance Code relating to zoning to permit 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial District at the following location, to-wit: Lot 1, Block 1, Watson’s Addition, Hennepin County, Minnesota 2. On May 3, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the applications and moved approval of variances to permit 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial District 3. The proposed setbacks and drive aisle widths are reasonable. The site is somewhat narrow from east to west to provide a marketable retail building width (60 feet minimum) and provide the drive aisle widths required for the parking lot. The existing parking lot is setback 0 feet from the south lot line and encroaches into the road right-of-way on the west side. The project eliminates the existing encroachment into the right-of-way. 4. The right-of-way along the south and west portions of the site is between 30’ to 117’ between the back of the curb and the property line. Typically, there is no more than 18 feet of boulevard area in the C-1 District. The reduced setbacks will not result in any negative effects to surrounding properties. 5. The variances are reasonable given the existing encroachments and improved situation provided by the redevelopment project. The variances are necessary for the preservation and enjoyment of a substantial property right. 6. The proposed 24-foot wide drive aisles are adequate. There is ample boulevard area to provide the landscaping and buffer required by City Code despite the zero parking setbacks proposed. Granting the 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, or endanger public safety. St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 11 7. The project will provide aesthetic and service improvements to the area. It will not adversely affect the 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 ample right-of-way provides opportunity for buffer and landscaping that masks the setback variances. The drive aisle widths are adequate and the variance will not be noticeable. 8. 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. 9. The contents of Planning Case File 06-37-VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. Conclusion: The application for the variances to permit 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines for property located in the C-1 Neighborhood Commercial District at 5330 Cedar Lake Road are granted based upon the findings set forth above, and subject to the following conditions: 1. 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 variances are granted. 2. These variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. 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 June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 12 St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 13 St. Louis Park Council Meeting Item: 060506 - 8c - Cedar Pointe Redevelopment CUP & Variances 5330 Cedar Lk Rd Page 14 St. Louis Park Council Meeting Item: 060506 - 8d - Westwood Hills Nature Center CUP For Fill-Grading-Excavation Page 1 8d. Westwood Hills Nature Center – Conditional Use Permit (CUP) for Excavation Recommended Action: Motion to adopt a Resolution approving a Conditional Use Permit for Excavation. Zoning: R-1 Single Family Residential Comprehensive Plan: Parks and Open Space DESCRIPTION OF REQUEST: Requested is approval of a Conditional Use Permit (CUP) for Excavation. The Parks and Recreation Department is proposing the construction of a picnic shelter and playground equipment at Westwood Hills Nature Center. Due to poor soils, excavation of over 400 cubic yards of material is required to place the picnic shelter on the site. Proposal: The proposal is for the construction of a picnic shelter and playground equipment at Westwood Hills Nature Center. The picnic shelter will be used primarily for programming purposes at the Nature Center, but will also be available for use by the public. The playground equipment, chosen by Parks and Recreation staff with the assistance of the Parks Commission, is to be environmentally themed and will reflect the mission of the Westwood Hills Nature Center. The new picnic shelter and playground equipment will be funded through the 2006 Capital Improvement Program, approved by the Council in December of 2005. The new picnic shelter and playground equipment will take the place of a portion of the resources that were lost when Westdale Park was converted to a stormwater pond. The conversion of Westdale Park took place after an extensive public process. Westdale was formerly home to playground equipment, a basketball court, and some picnic tables. The soils at Westdale were poor, and continual subsidence resulted in high maintenance costs. During the public process, the neighborhood indicated a desire to retain some of the Westdale Park facilities at a nearby location; it was determined by the Parks Commission and Parks and Recreation staff that the best location to locate a portion of those facilities would be Westwood Hills Nature Center. Parks and Recreation Staff have noted, however, that the new facilities at Westwood Hills Nature center are needed to fulfill the mission of the Nature Center, and may have been constructed regardless of the status of Westdale Park. Conditional Use Permit Analysis: The application meets the conditions required for a Conditional Use Permit for excavation. The conditions, listed under section 36-79, are primarily based on the necessity of preventing negative effects upon the health, safety, and welfare of the community. The proposed excavation at Westwood Hills Nature Center will not result in negative impacts to the community and fits within the bounds of the Zoning Code. St. Louis Park Council Meeting Item: 060506 - 8d - Westwood Hills Nature Center CUP For Fill-Grading-Excavation Page 2 Purpose for Excavation: The excavation is required to remove soils that are not suitable for construction. Subsequent to the removal, granular engineered fill will be brought to the site to stabilize the picnic shelter location. Because the excavation will be of a specific area, and is for the purpose of soil remediation, the finished grade of the site will remain the same as is currently the case. The site is currently relatively flat; the finished grade of the site, subsequent to the excavation of the unsuitable soils, will be relatively unchanged in comparison to existing conditions. Other Issues The site is located suitably far from surrounding properties that the construction is not likely to result in negative impacts; however, a primary haul route has been indicated and is attached for further review. Conditions relating to the hours of operation, noise, and site maintenance are also included. RECOMMENDATION: The Planning Commission recommended approval of the Conditional Use Permit. Staff recommends a motion to adopt a Resolution approving the Conditional Use Permit, subject to the conditions included in the Resolution. Attachments: Resolution Location Map (supplement) Former and Proposed Location (supplement) Site Plan with Aerial Photo (supplement) Haul Route (supplement) Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8d - Westwood Hills Nature Center CUP For Fill-Grading-Excavation Page 3 RESOLUTION NO. 06-098 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 8300 FRANKLIN AVENUE WEST (WESTWOOD HILLS PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of excavation of over 400 cubic yards of material within an R-1 Single Family Residential Zoning District located at 8300 Franklin Avenue West. 2. The City Council has considered the advice and recommendation of approval by the Planning Commission (Case No. 06-43-CUP) and the effect of the proposed excavation of over 400 cubic yards of material 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 excavation of over 400 cubic yards of material 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 excavation is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 06-43-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the excavation of over 400 cubic yards of material at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Prior to starting any site work, the following conditions shall be met: St. Louis Park Council Meeting Item: 060506 - 8d - Westwood Hills Nature Center CUP For Fill-Grading-Excavation Page 4 a. A pre-excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c. All necessary permits must be obtained. 3. The applicant shall comply with the following conditions during excavation: 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. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. 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 neighboring properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 4. The applicant shall follow the following haul route: a. Traveling south to Franklin Avenue from the Westwood Hills Nature Center, all vehicles hauling excavated materials shall proceed east to Texas Avenue. Upon reaching Texas Avenue, vehicles shall proceed north to the I-394 Frontage Road, whereby they can access I-394 and their final destination. 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. 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. 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 June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 1 8e. Hoigaard’s at Miracle Mile – Major Amendment to a Special Permit and Variance for a Tower Sign Recommended Action: Motion to adopt a Resolution approving the Major Amendment to a Special Permit for a building expansion and parking modifications. Motion to adopt a Resolution denying the Variance for a Tower Sign. Zoning: C-2 General Commercial Comprehensive Plan: Commercial DESCRIPTION OF REQUEST: Hoigaard’s Inc., 5005 Highway 100 South, is requesting approval of a Major Amendment to the Special Permit for Miracle Mile. The amendment is required because Hoigaard’s intends to increase the floor area within the portion of Miracle Mile that they plan to occupy. Also requested is a variance from the Zoning Code to permit the construction of a sign on a tower. DEVELOPMENT PROPOSAL: The Hoigaard’s retail store currently operates at its building along Highway 100. However, that building is part of a Planned Unit Development approved on February 6, 2006. Hoigaard’s is now planning to move to Miracle Mile, a 86,253 square foot shopping center located on a 6.7 acre site in the southeast portion of the City. Hoigaard’s intends to use 13,209 square feet of retail space at Miracle Mile formerly occupied by Snyder Drug as well as portions of the building formerly occupied by other merchants. Hoigaard’s will also use a portion of the office space in the second floor of the building. A 2,533 square foot addition will be constructed at the rear of the building for storage of merchandise not on the sales floor. The building expansion results in the required amendment. In addition to the building expansion, Hoigaard’s is planning to renovate the façade, improve the landscaping, and make safety improvements to the parking lot at Miracle Mile. SPECIAL PERMIT ANALYSIS: Existing Operations Miracle Mile operates under a Special Permit that was last approved in 1992. The facility is currently in compliance with the Special Permit. Hoigaard’s is a retail use (as intended by the original Special Permit) and is coming into greater compliance with the current Zoning Code through the building renovations and improvements, including site improvements to the parking lot and landscaped areas. Uses approved under Special Permits are allowed minor expansions so long as the greatest possible compliance with current zoning codes is maintained. Miracle Mile, like many other structures in the C-2 Zoning District, is out of compliance with the requirements for building materials and landscaping. The reconstruction proposed by Hoigaard’s will represent a substantial improvement over the existing conditions. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 2 Building Materials and Height Hoigaard’s is planning to use Class I materials almost exclusively on the new façade over their portion of Miracle Mile. The building is currently 22’ 8” high. The proposed façade renovations will not increase the building’s height; however, the building will reach a maximum height of 64’ at the peak of the proposed tower. The façade will be composed primarily of stone, glass, stucco and redwood. Canvas awnings are proposed for the west side of the building along Wooddale Avenue. Parking Staff has determined that the shopping center and office uses at Miracle Mile are adequately served by the site’s existing parking area. Total parking requirements are as follows: Use Parking Requirement Shopping Center – 1st Floor Retail 444 spaces Office – 2nd Floor 77 spaces Proposed Addition - Storage 2 spaces Total Requirement 523 spaces Total Provided 538 spaces At the present time, there are 550 usable spaces at Miracle Mile. Spaces are available in both the front and the rear of the building. The construction of an addition to the rear of the existing building results in a loss of 12 spaces, reducing the total to 538 spaces. This is still 15 spaces more than required by the Zoning Code. Representatives from Hoigaard’s have indicated that the parking spaces to the rear of the building will be used primarily for employee parking. Site Circulation Because of the complicated circulation pattern at Miracle Mile, a study of the site’s existing circulation patterns has been completed, at the City’s request, by SRF Consulting. The recommendations are attached. The study recommends a minor change to the primary site entrance at Park Nicollet Boulevard. This change involves the extension of the median to improve traffic safety and flow. Also addressed was the right-out exit at the west side of the site onto Wooddale Avenue. The study indicates that a right-in/right-out access would be an appropriate addition at this location. To improve the safety of that intersection, changes to the signs are also proposed. All proposed changes to site circulation are detailed in the attached circulation study. Stormwater The minor addition of space proposed by Hoigaard’s does not trigger the stormwater requirement normally imposed on redevelopment projects because there is no change in the impervious surface coverage on-site. The City Engineer has reviewed the proposed plans and indicated that the minor amount of stormwater storage proposed for the rooftop of the new portion of the building will be sufficient to provide rate control for the relatively minor addition. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 3 Landscaping The building addition proposed for the rear portion of the building will require the installation of improved landscaping in this location. At the rear of the store, therefore, Hoigaard’s is proposing to substantially improve the landscaped buffer area between the parking lot and the property to the south. The attached landscape plan details the new plantings. In addition to the improvements proposed for the south side of the addition, Hoigaard’s is proposing the installation of new landscaping on the west and north side of Miracle Mile. Tent Sale Event Hoigaard’s has a tradition at its current location on Highway 100 of holding “tent sale” events in its parking lot. Hoigaard’s has not included any details regarding tent sales as part of this proposal. For this reason, tent sales would not be allowed at the Miracle Mile site at this time. This does not preclude Hoigaard’s from seeking approval for holding tent sales at this site in the future. VARIANCE: Hoigaard’s is proposing the construction of a 64’ tower at the northwest corner of the building. The current building, to be occupied by Hoigaard’s, reaches a maximum height of 22’ 8”. The intent is that the tower will replicate the smokestack at Hoigaard’s current location, which will be demolished as part of the Hoigaard’s Village redevelopment project. Because the tower is part of the building, no variance is required for height – all setback requirements are met based on the tower’s proposed height and location. The maximum height in the C-2 General Commercial Zoning District is 75’. Despite the applicant’s ability to include a tower in the plans, the Zoning Code prohibits signs on towers (Sec. 36-362). For this reason, the applicant has requested a variance from the Zoning Code to permit a sign on the tower. The applicant plans to replicate the sign on the existing smokestack. The variance request is discussed below. 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. In the application, the applicant indicates that the primary hardship associated with the need for a sign on a tower is the loss of the existing smokestack and tower sign at the current location. The applicant does not list any practical difficulties or hardships that are peculiar to this lot. However, the application for a variance is attached and details the desire by the applicant to preserve the ‘Hoigaard’s’ landmark sign in a different location. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 4 Without a variance for the proposed sign, Hoigaard’s will be deprived of the use of a symbol that has been associated with the Hoigaard’s store for over 50 years. 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 structure and land in question does not have any unique characteristics that would require the use of a tower sign on the site; however, the site is located within a quarter-mile of the existing tower sign, and would therefore serve as a suitable location for a replacement sign. 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed variance is not required to enable the applicant to fully preserve and enjoy the property rights typically bestowed on property owners based on the City’s Zoning Code. 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 this variance would not impair the supply of light or air to adjacent properties. It would not result in increased congestion in the public streets, increase danger of fire, or endanger public safety. 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 this variance will not negatively impact the character or development of the neighborhood, property values of the surrounding area, or impair the health, safety and comfort of the 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 variance would be contrary to Section 36-362 of the Zoning Code, which specifically prohibits signs erected upon towers. For this reason, a variance has been requested. The granting of the proposed variance would not be contrary to the intent of the Comprehensive Plan. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 5 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 this variance will not alleviate an undue hardship or difficulty. The variance will enable the relocation of Hoigaard’s traditional sign, which would deprive Hoigaard’s of the use of a symbol that has long been associated with their store and St. Louis Park. Variance recommendation The proposed variance does not meet the seven criteria listed in the Zoning Code. For this reason, staff recommends denial of the variance request. The Planning Commission did not concur with Staff’s recommendation; further information about the Planning Commission’s comments is included below. PUBLIC PROCESS: The applicant has held two neighborhood meetings prior to the April 5th Planning Commission meeting. At each meeting, representatives from Hoigaard’s and Miracle Mile have been present. Hoigaard’s has suggested that it hopes to open for business in the Miracle Mile by September of 2006. Neighbors have expressed a great deal of interest in the proposal, as the retail space at the west side of Miracle Mile has been vacant for several years. PLANNING COMMISSION: The Planning Commission considered the applications at its April 26, 2006 meeting. At that meeting, the Planning Commission discussed the application and heard testimony from several neighbors. The Planning Commission concurred with Staff’s recommendation for the amendment to the Special Permit, voting 6-0 to recommend approval of the amendment. The Planning Commission differed from Staff’s recommendation in regard to the proposed variance for the Tower Sign. On a vote of 6-0, the Planning Commission recommended approval of the variance. The Planning Commission supported the variance request because of the long history of Hoigaard’s association with the tall smokestack on their current site. They felt allowing a tower with Hoigaard’s name on it to be built at their new site, Miracle Mile, continued that tradition, effectively recreating a St. Louis Park landmark at a new location. Because the Planning Commission and Staff offer differing recommendations regarding the variance request, staff has included two resolutions with the Staff report. One resolution is for the approval of the variance, and the other is for denial. RECOMMENDATION: Staff recommends a motion to adopt a Resolution approving the Major Amendment to the Special Permit, subject to the conditions included in the Resolution. Staff recommends a motion to adopt a Resolution denying the Variance request for a sign on a tower. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 6 Attachments: Resolution approving an amendment to a Special Permit Resolution approving a Variance for a sign on a tower Resolution denying a Variance for a sign on a tower Minutes, 4/26/06 Planning Commission meeting Location Map (supplement) Site Access and Circulation Review (supplement) Application for a Variance with narrative by applicant (supplement) Color elevations (supplement) Site Plan and related documents (supplement) Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 7 RESOLUTION NO. 06-101 Amends and Restates Resolution No. 92-160 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 92- 160 ADOPTED ON OCTOBER 20, 1992, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A BUILDING EXPANSION AND PARKING MODIFICATIONS AT 5313 EXCELSIOR BOULEVARD Findings WHEREAS, Hoigaard’s Inc. has made application to the City Council for an amendment to an existing special permit under Section 36-33 of the St. Louis Park Ordinance Code to allow a building expansion and parking modifications at 5313 Excelsior Boulevard within a C-2 General Commercial Zoning District having the following legal description: That part of the Northwest Quarter of Section 7, Township 28, Range 24: Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St. Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet; thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, “Brookview Addition, Hennepin County, Minn.”; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning. Abstract WHEREAS, the City Council has considered the information related to Planning Case Nos. 92-54-SP and 06-19-CUP and the effect of the proposed building expansion and parking modifications on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 92-160 of the St. Louis Park City Council dated October 20, 1992 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 92-160, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 8 WHEREAS, the contents of Case Nos. 92-54-SP and 06-29-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 92-160 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a building expansion and parking modifications within the C-2 General Commercial District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with Exhibit A – Site Plan; Exhibit B – Elevation Plan; Exhibit C – Elevation Plan; Exhibit D – Elevation Plan; and Exhibit E – Landscape Plan subject to the following. 2. That all utilities serving the site be placed underground on or before October 15, 1991. (Condition No. 2 rescinded. See Condition No. 20.) 3. That all trash be stored in six outside storage areas which have fully enclosed walls and a gate with the location of the storage areas to be adjacent to the major users. 4. No merchandise, truck trailers or other materials or equipment be stored out of doors, except by allowable special permit. 5. That there be no more than 12,000 square feet of Class II and Class III restaurant on the site and such restaurants being subject to provisions and approval processes as provided in the adopted Zoning, Urban Renewal, and PUD Plans of the City. 6. That all lighting be directed perpendicular to the ground and that no direct rays be visible from outside the property boundaries. 7. Signage be consistent with the following: a. All exterior signs shall be surface-mounted, except for a single name plate sign which may be free-standing. b. Signs shall be limited to letters designating the store name but shall not include the name of items, goods, product or service lines for sale. c. Exterior signs shall be installed at the front of each bay. Exterior signs may be located on the laminated beams of the canopy and/or under the canopy where customer entrances open onto the sidewalk. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 9 d. The sign shall be located within the limits of each store front. In no case shall any one sign exceed 100 square feet of maximum aggregate (total sign) area for store fronts which have less than 125 lineal feet of frontage facing Excelsior Boulevard, and store fronts with an excess of 125 lineal feet of store front facing Excelsior Boulevard shall not have any one sign area exceeding 150 square feet of maximum aggregate (total sign) area, except for a name plate sign and except that shopping centers may have wall signs not to exceed five percent of the total wall area on which the sign is placed; each shopping center tenant shall be allowed at least 60 square feet of wall sign area. 8. That the existing transit stop including landscaping and other design elements not be eliminated or infringed upon as included in the plan. 9. The applicants cooperate with the City and other property owners in extension of the plaza walkway on the east end of Miracle Mile to St. Louis Park Medical Clinic property. Implementation of the plan would not require removal of the driveway between Miracle Mile and B. Dalton Book Store. 10. That all improvements, except as otherwise indicated, be completed by October 15, 1981 including landscaping, striping, asphalt improvements, etc. 11. That the use of the so-called “Rutherford Building” (the property located at 4995 Excelsior Boulevard) be for a food store containing a gross floor area of 4,500 square feet and 2,800 square feet will be retail sales subject to the following conditions: a. That the use shall terminate at such time that the parking on the east side of the Rutherford Building is lost and that the agreement for the parking area is subject to approval by the City Attorney prior to issuing a building permit. b. The 51 parking spaces located on the property abutting the east property line of 4995 Excelsior Boulevard shall be for a non-exclusive parking use for said grocery store. c. That all trash be stored in an outside storage area which has fully enclosed walls and an opaque gate, both of which are at least seven feet high. d. All improvement, including dedication, pedestrian way, construction, landscaping, and parking shall be completed by October 15, 1982. 12. That a bomanite or brick walkway be constructed along the rear of the building from the east property line to the west property line. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 10 a. That the bomanite or brick walkway shall be completed by October 15, 1982. 13. That Condition 7d is hereby further modified to include an additional exception as follows: the so-called “Rutherford Building” (the property located at 4995 Excelsior Boulevard) shall be allowed one nameplate sign located on the north wall not to exceed 140 square feet and a secondary nameplate sign to be located at the east entry door not to exceed 26 square feet. 14. That modifications to the food store at 4995 Excelsior Boulevard be allowed subject to the following conditions: a. That an entry/vestibule be permitted on the east side of the building with adjustments in the pedestrian way to accommodate the design as shown on Exhibit F – Entry and Exhibit G – Trash Expansion. b. That a two-faced free standing sign no more than six feet high and containing no more than twenty square feet per face be allowed provided no portion of said sign is closer than ten feet from the north lot line and provided quality materials are used consistent with the architectural control provisions and PUD provisions applicable for the Excelsior Boulevard Redevelopment District. 15. That Condition No. 12 is hereby modified to extend the completion date of the bomanite or brick walkway to August 1, 1983. 16. Requirements in Conditions 9, 11d, 12a, and 15 related to construction of a pedestrian way are hereby deleted. 17. The trash enclosure, as shown on Exhibit G – Trash Expansion, in Condition No. 14a, may be painted instead of using stucco. 18. Signage for the property located at 4995 Excelsior Boulevard shall be limited to an aggregate square footage of 154 square feet, subject to the following: a. The free-standing sign shall have a maximum height no greater than 14 feet and the sign face shall not exceed 64 square feet in area, and further provided that no part of the free-standing sign shall be closer than 20 feet from the northerly property line. b. The illegal sign at the entrance of the property shall be removed prior to the issuance of a sign permit for the free-standing sign. 19. Condition No. 5 is hereby amended to read as follows: St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 11 There shall be no more than 9,000 gross square feet of Class II and Class III restaurant and 3,000 gross square feet of Class IV restaurant on the site and such restaurants being subject to provisions and approval processes as provided in the adopted Zoning, Urban Renewal, and PUD Plans of the City. 20. The special permit shall be amended pursuant to Planning Case No. 92-54-SP to modify Condition No. 2 on underground utilities as follows: a. Condition No. 2 above is hereby rescinded. b. All utilities serving the site shall be placed underground, at the property owner’s expense, within five years following the date upon which the City of St. Louis Park adopts a Capital Improvement Program which includes the undergrounding of electric power lines which serve the Miracle Mile Shopping Center. 21. The special permit shall be amended on May 15, 2006 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein. b. Prior to starting any site work, the following conditions shall be met: 1. Assent form and official exhibits must be signed by applicant and owner. 2. A preconstruction conference shall be held with the appropriate development, construction and city representatives. 3. All necessary permits must be obtained. 4. Building materials samples & colors must be submitted to and approved by Zoning Administrator. c. The applicant shall comply with the following conditions during construction: 1. 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. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 12 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. d. To the extent reasonable, the applicant shall modify the parking lot entrances, exits, and signage in accordance with the attached traffic study completed by SRF Consulting. 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. Under the Zoning Ordinance, 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 building permit. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 13 VARIANCE RESOLUTION NO. 06-102 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A SIGN UPON A TOWER FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5313 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Hoigaard’s Inc. has applied for a variance from Section 36-362 of the Ordinance Code relating to zoning to permit the construction of a sign upon a tower for property located in the C-2 General Commercial District at the following location, to-wit: That part of the Northwest Quarter of Section 7, Township 28, Range 24: Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St. Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet; thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, “Brookview Addition, Hennepin County, Minn.”; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning. Abstract 2. On April 26, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to permit the construction of a tower sign. 3. The Planning Commission has considered the effect of the proposed variance 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 variance 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 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, 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. 5. The special conditions applying to the structure or land in question are unique to the particular request by the applicant relating to an existing tower sign planned for demolition, and cannot be generally applied to other land or structures in the district in which such land is located. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 14 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 existing Hoigaard’s tower, formerly an incinerator owned by the City, has been used as a tower sign since the early 1970s. The incinerator was built in 1956. Due to environmental contamination and redevelopment, the tower and tower sign will be removed as per Planning Case Files 05-61-S and 05-62-PUD. The granting of the application is necessary to replicate the loss of this community symbol. 8. The contents of Planning Case File 06-35-VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 9. Under the Zoning Ordinance, this variance 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. 10. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. Conclusion The application for the variance to permit the construction of a tower sign is granted based upon the finding(s) set forth above. The variance provides for the construction of a sign upon one side of the tower only. Per the official exhibits, the variance is for the construction of a sign reading “Hoigaard’s”, which shall be placed upon the north face of the tower only. 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 June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 15 VARIANCE RESOLUTION OF DENIAL RESOLUTION NO. 06- ____ RESOLUTION OF FINDING REGARDING THE APPLICATION OF HOIGAARD’S INC. FOR A VARIANCE UNDER SECTION 36-362 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A SIGN UPON A TOWER FOR PROPERTY LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT 5313 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota Findings 1. On March 31, 2006, Hoigaard’s Inc. filed an application seeking a variance to permit the construction of a sign upon a tower for property located in the C-2 District, at 5313 Excelsior Boulevard for the following legal description, to wit: That part of the Northwest Quarter of Section 7, Township 28, Range 24: Commencing at the point of intersection of the centerline of Excelsior Avenue and the centerline of Garfield Avenue (now known as Wooddale Avenue in St. Louis Park); thence Northeasterly along the centerline of Excelsior Avenue 901 feet; thence Southeasterly at right angles to said centerline of Excelsior Avenue to the Northwesterly line of Block 1, “Brookview Addition, Hennepin County, Minn.”; thence Southwesterly along the Northwesterly line of said Block 1 and the extension of said Northwesterly line to the centerline of said Wooddale Avenue to the point of beginning. Abstract 2. On April 26, 2006, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance to permit the construction of a tower sign. 3. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. The requested variance does not meet the requirements of Section 36-33(d) of the Zoning Ordinance necessary to be met for the Board of Zoning Appeals to grant variances. There are no factors related to the shape, size or other extraordinary conditions on the lot which prevent a reasonable use. b. Granting of the requested variance is not necessary for the preservation and enjoyment of a substantial property right. The property has had a reasonable use in the past and the current proposal by the applicant, with the exception of this variance, continues that reasonable use. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 16 c. Granting of the requested variance would be contrary to the intent and provisions of the Zoning Ordinance since, if granted, it would permit the construction of a sign upon a tower, specifically prohibited by Section 36-362 of the Zoning Ordinance. d. There are no demonstrable or undue hardships under the terms of the Zoning Ordinance or Minnesota Statue, and therefore, conditions necessary for granting the requested variance do not exist. 4. The contents of Planning Case File 06-35-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The applicant’s request for a variance to permit the construction of a sign upon a tower is hereby denied based on the findings set forth above. Reviewed for Administration: Adopted by the City Council June 5, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 17 PLANNING COMMISSION MINUTES OF APRIL 26, 2006 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 26, 2006 -- 6:00 P.M. (April 19th meeting rescheduled) COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: Robert Kramer STAFF PRESENT: Meg McMonigal, Sean Walther, Adam Fulton, Greg Hunt, and Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes of April 5, 2006 Commissioner Robertson moved approval of the minutes of April 5, 2006. Commissioner Morris seconded the motion. The motion passed on a vote of 5-0-1. Commissioner Timian abstained. 3. Consideration of Resolution of Conformance to Comprehensive Plan for Modification of Redevelopment Project No. 1 and establishment of the Highway 7 Corporate Center Tax Increment Financing District and Hazardous Substance Tax Increment Subdistrict. Economic Development Coordinator Greg Hunt presented the staff report. Chair Carper asked who will pay for the construction of the proposed parking lot. Mr. Hunt replied the property at the southwest corner of Highway 7 and Louisiana Avenue is not included in this TIF district, and it will be leased to Methodist Hospital for offsite employee parking purposes. Mr. Hunt said grant funds will be used to pay for the construction of the parking lot, and the total cost will be paid for with grant funds. Mr. Hunt said there will be a public hearing on the adoption of the TIF district on May 15th at the City Council meeting. It was moved by Commissioner Person to adopt Resolution No. 76 finding the proposed modification of Redevelopment Project No. 1 and the establishment of the Highway 7 Corporate Center Tax Increment Financing District and Hazardous Substance Tax Increment Subdistrict to be in conformance with the Comprehensive Plan of the City of St. Louis Park. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 18 4. Hearings: A. Hoigaard’s at Miracle Mile – Major Amendment to Special Permit and Variance Location: 5313 Excelsior Boulevard Applicant: Hoigaard’s Inc. Case No.: 06-19-CUP and 06-35-VAR Associate Planner Adam Fulton presented the staff report. Commissioner Morris asked if the driveway easement for the private residential property is an established easement. Mr. Fulton said yes. Commissioner Johnston-Madison asked if the 550 parking spots include the front and back. Mr. Fulton said yes. Commissioner Johnston-Madison asked how close is the addition from the back wall to the property line. Mr. Fulton responded it is about 60 feet. Commissioner Person asked if the access to the neighboring lot could be clearly striped to show that it is access to his lot. Mr. Fulton said that will be discussed with the Fire Marshall; it will be striped as a fire lane. Commissioner Robertson asked if there is a way to come into full compliance with building materials and landscaping. Mr. Fulton said the special permit gives a great deal of flexibility to applicants. He said the Hoigaard portion of the store, which is being remodeled, will be in complete compliance with the building materials portion and in greater compliance with the landscaping portion. Commissioner Robertson asked if Hoigaards will still build the tower if the variance for signage is denied. Commissioner Morris said when it is time to vote, he would like to amend the staff report to include striping of the private drive as a condition of approval. Commissioner Morris recommended that at the driveway entry on the Wooddale side, signs be posted to say do not block intersection or do not block driveway. Mr. Fulton said that is not directly part of the proposal but would be directed to the City Engineer. Chair Carper asked if Hoigaard’s will be responsible for the substantial changes to the parking lot. Mr. Fulton said Hoigaard’s and Miracle Mile are joint applicants. Todd Brewer, President of Hoigaard’s, said Hoigaard’s would like to take the sign off the old tower, which is actually a smokestack, and relocate that sign onto the new tower. Mr. Brewer thinks it is within the City vision to protect icons that have been important to the community. The tower with the signage is very important to Hoigaard’s. Chair Carper asked about maintaining free access for the driveway behind the store. Mr. Brewer said the only truck traffic would be Hoigaard’s 26-foot truck. Mr. Brewer said the landscaping in the back will be appropriate and Hoigaard’s will be a good neighbor. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 19 Mr. Brewer would like to be up and running in time for their tent sale on September 15th. The tent sale will take place on Hoigaard’s current location. Commissioner Morris would be more inclined to look at a tower if it were to mimic or replicate, even with modern materials, that symbol, that identity for St. Louis Park. Commissioner Morris asked if Hoigaard’s considered replicating the smokestack. Mr. Brewer said yes, however, it was a smokestack for a garbage incinerator, the renditions didn’t seem to have the right feel for what Hoigaard’s thinks is appropriate to their business and to Excelsior Blvd. The motivation behind the current design came from Alpine towers and European clock towers, which are appropriate to their business. Mr. Brewer said Hoigaard’s would like to strip off the existing overhang on the north side of their proposed new store and add trees. Hoigaard’s would like to add planters for bushes and shrubs on the Wooddale side and additional tree cuts along the curb line for 3- 4 trees along the sidewalk. Commissioner Johnston-Madison asked how Hoigaard’s determined the height of the tower. Mr. Brewer responded that it was a scaling issue. Chair Carper opened the public hearing. Paul Hofrenning introduced himself. His father, Gerhard Hofrenning, is the property owner at 3971 Wooddale Avenue. Gerhard Hofrenning is concerned about guaranteed access to his driveway. Paul Hofrenning said it would be helpful to know who to call if the driveway is blocked. Paul Hofrenning said a loading dock is being added and the dumpster size may be tripled so a truck may have to angle to get in but signage should alleviate that concern. He said the foliage is currently very sparse and he would like to have it filled in. Mr. Fulton said the applicant would be required to provide a landscape plan prior to the City Council meeting. Gerhard Hofrenning asked what the impact will be on his property; he doesn’t see a major problem but he is a little bothered by moving the wall behind the former Snyder’s by 20 feet leaving only 20 or 22 feet for the alley width. He asked if that is wide enough. He asked if two semi trucks could pass each other comfortably in that space. Gary Bingner, 5018 West 40th Street, lives directly behind Miracle Mile. Mr. Bingner said he supports the tower and its signage. Mr. Bingner said he thinks Hoigaard’s will be good stewards of Miracle Mile. He said he would not want a good retailer to go away due to a signage issue. Chair Carper closed the public hearing. Commissioner Person agrees with Mr. Bingner and Mr. Brewer concerning the historic value of the icon of a tower. It is not clutter and it fits in with the new façade, which will be a fine enhancement to Miracle Mile. Commissioner Person supports the signage as proposed. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 20 Commissioner Robertson said he is pretty much in agreement with Commissioner Person. He likes the idea of the sign, and the history of the sign. With Hoigaard’s, there is a lot of credibility that things will be done as presented, and done well. Commissioner Robertson is comfortable with all aspects of the proposal. Commissioner Morris said he agrees with Commissioners Person and Robertson. Commissioner Morris asked if the variance can be conditioned to only allow the Hoigaard’s logo to be on the tower, and should Hoigaard’s leave, that signage would come down and only the tower would remain. Planning and Zoning Supervisor Meg McMonigal said the content of the sign cannot be governed. It is supposed to be an identification sign, not advertising, and it is supposed to relate to the tenant on the site. Ms. McMonigal said if a tenant changed, they would be allowed to change the letters of the sign. Commissioner Johnston-Madison said she is concerned about the height. She said she could support the sign being on the tower if there could be a limit on the number of towers like that on Excelsior Blvd. She would like to recommend that staff and the City Council look into it. Mr. Fulton said staff will look into her suggestion. Commissioner Johnston-Madison wanted to emphasize the height of the tower. Commissioner Morris said he favors the tower and the variance. It was moved by Commissioner Morris to recommend approval of the Major Amendment to a Special Permit for a building expansion and parking modifications. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. It was moved by Commissioner Morris to recommend approval of the variance for a tower sign. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. Chair Carper called for a short recess. B. Hill Lane - Subdivision and Conditional Use Permit Location: 2221 Hill Lane Applicant: James A.R. Johnson Case No.: 06-27-S and 06-28-CUP Mr. Fulton presented the staff report. Chair Carper asked about the driveway not following the lot line. Ms. McMonigal said the proposed driveway leaves the lot and crosses the right-of-way to South Hill Lane, which is allowed. Mr. Fulton said driveways are required to be 50 feet from an intersection. Chair Carper asked about any requirements to avoid storm drains. Ms. McMonigal said the City Engineer would have to take a look at it and approve the driveway location. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 21 Commissioner Johnston-Madison asked if there was any discussion regarding retaining walls on these two lots. Mr. Fulton said there was some discussion; if a retaining wall is higher than four feet, it would have to be reviewed by the building official within the City, shorter retaining walls would require zoning approval. Commissioner Robertson asked if there is any indication how many caliper inches the applicant may be wishing to replace. Mr. Fulton said the landscape plan provided by the applicant is preliminary and indicated replacing a substantial number of them. Norm Bjorness, Jr., is counsel for the applicant, James Johnson. Mr. Bjorness said Mr. Johnson’s proposal fits the criteria for constructing two single-family residences on the two development lots. Mr. Johnson agrees to the conditions in the staff report. Mr. Bjorness said only five new homes have been constructed in the Lake Forest neighborhood since 1992. Chair Carper opened the public hearing. Kay Ronngren, 2205 South Hill Lane, read a letter opposing the proposal dated April 26, 2006 from Sandra Stanley, 2205 South Hill Lane. The letter was distributed to the Planning Commission. Ellen McGratton, 4636 Cedarwood Road, said she supports Ms. Stanley’s letter. The wooded areas and large lots make the neighborhood attractive. At most, said Ms. McGratton, the applicant could be allowed to divide his lot into two and have one tasteful home and the trees. Sharon Segal, 2211 Parklands Road, asked that the Planning Commission not recommend in favor of the subdivision. Joy Peterson, 2301 Westridge Lane, is concerned about subdividing and developing this deep, wooded area. She is also concerned about the drainage issues created by the planned buildings on the hill. Steve Grossman, 2300 Westridge Lane, said his concerns are the curves, speeding, kids and their bikes. Mr. Grossman’s neighbor, a young boy named Elliot, said driveway access is dangerous and biking is dangerous. Elliot read a petition opposing the proposal. Joan Solomon, 2317 Westridge Lane, said she lives in St. Louis Park because of the beautiful land. She said the City needs to go back to the plan in St. Louis Park and keep St. Louis Park the way it is. Mary Kay Stranik, 4711 Cedarwood Road, said her concerns are the excavation of dirt, more cement and housing on the property, the flow of the water on a steep hill, train vibration, safety, and the character of the neighborhood changing by becoming crowded with homes. Ms. Stranik asked what will become of the value of homes. She hopes for one house as opposed to two. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 22 Commissioner Morris remarked that the City’s subdivision ordinance requires new buildings to have sidewalks and he doesn’t see one on the plan. Would a variance be required not to put in a sidewalk? Ms. McMonigal said she will check with the City Attorney. Mr. Fulton will ask the applicant if he is willing to put in a sidewalk. Cindy Bauman, 2300 Parkwoods Road, said she doesn’t want move up housing to become move out housing. Ms. Bauman said the City needs to look at an overall development plan for the neighborhood. Sidewalks should be installed, especially on a blind curve. She thinks trees should be replaced rather than having a cash in lieu payment. Ms. Bauman asked if the subdivision is approved, please approve only two lots not three. Terry Christianson, 2224 South Hill Lane, agrees with the previous speakers about dividing the lot into two parcels rather than three. Mr. Christianson thinks older residents will subdivide and move out. He doesn’t want to see that happen. Betty Globus Goodman, 2211 South Hill Lane, thinks this is just the beginning of development. She thanked the Planning Commission and Adam Fulton for their help and assistance. Ms. Goodman is concerned about erosion, retaining walls becoming defective, and the height of the homes. She said dividing the property into three lots doesn’t seem to be consistent with the vision St. Louis Park has for its residents. Chair Carper asked if the developer has talked to her about the development as she is the adjoining neighbor. Ms. Goodman said no one has talked to her about the development. Patricia Green, 2336 Parkwoods Road, would like to welcome everyone to the neighborhood. She said the neighbors can’t say no to move-up in our neighborhood. Nathan Curland, 4707 Cedarwood Road, distributed a drawing to show what the rest of the neighborhood looks like. Mr. Curland is not opposed to development but prefers subdividing it into two parcels, not three. Graham Candler, 4636 Cedarwood Road, said a nice neighborhood should be continued. Mr. Candler hopes a precedent is not started with this proposal. Sharon Abelson, 4340 Cedarwood Road, is president of the Lake Forest Neighborhood Association. Ms. Abelson said no one contacted her to say they favor this project. She said the natural areas of the neighborhood are the biggest selling points. They would like to see restrictions placed on development in Lake Forest and they plan to pursue this further. Stan Jurgenson, 2309 Westridge Lange, said train noise at this location would increase when the buffer hill is gone. Mr. Jurgenson said he is appalled that a non-resident developer can come into the community and say a few more lots will be developed. He St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 23 doesn’t want to see large lots divided. Mr. Jurgenson said perhaps the code is no longer appropriate and should be changed. Tom Hess, 2300 Parkwoods Road, said it appears the plans are unfinished. Ms. McMonigal said the applicant is requesting a subdivision and no housing plans are proposed at this time. Mr. Hess said retaining walls do not stop erosion or creep. He is a soils engineer and he would like to see the plans for the retaining wall. Mr. Hess suggested the applicant be required to post bond for the retaining wall. Vern Swedborg, architect for Mr. Johnson, said he was commissioned to provide house plans to illustrate that the sites are buildable and have not proposed retaining walls that encroach on adjacent neighboring property. He said no retaining wall is higher than four feet. The driveways are proposed with a turn around on the site to avoid backing up on the street. Mr. Swedborg said they can handle the safety issues. He said Mr. Johnson will live in one of the houses. Commissioner Robertson said the excavation should be part of the actual construction process and only part of the conditional use process. Tom Hordahl, surveyor, said a final plat has been drawn. Commissioner Morris said the total square footage is 80 square feet short, and he asked which lot is 80 square feet short. Mr. Fulton said the error is in favor of the applicant, and the minimum requirements are met. The CAD technician for Mr. Hordahl said he prepared the documents. There were many revisions and a simple error occurred. Graham Candler said Ward Johnson also owns 4634 Cedarwood Lane. Ms. Goodman said she was not at the neighborhood meeting due in part to short notice. She said that Ward Johnson doesn’t speak to her. She said the Johnson homes are occupied only for short periods of time. Ms. McMonigal said the final house plans will be reviewed when they are submitted for a building permit. The City Engineer has determined these lots would be buildable. Mr. Fulton said the City Engineer and the building official have reviewed the soils reports and they determined the soils are appropriate to be built upon. Cindy Baumann, 2300 Parkswood Road, said the planned route for excavation might be hampered by the closure of Parkswood Road due to a water main replacement this summer. Mark Naummacker, 4711 Cedarwood Road, is concerned about setting a precedent. Ms. McMonigal said it wouldn’t be a precedent because the current code allows what is being requested. Mark Globus, 2211 South Hill Lane, said he would like to ask that someone make a motion or a friendly amendment that a bond be posted as the soil and the retaining wall issue relate together. Mr. Globus said it is a challenging development site. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 24 Ms. Abelson asked if a CUP can be approved without plans. Ms. McMonigal said the applicant would have to return with building plans prior to a final grading plan. Ms. Abelson asked if the City has seen the final plat. Ms. McMonigal said the Planning Commission acts on the preliminary and Council will need to see the final plat. The Planning Commission is a recommending body. Chair Carper closed the public hearing. Commissioner Johnston-Madison said she is divided about this type of development. She said there are too many questions and she would like to see the item tabled. She wants the Commission to go out to look at the lot. Commissioner Robertson said he respects Commissioner Johnston-Madison’s stand and he is open to looking at the request further if there is no tight timeframe. He added that zoning does allow the proposal. He said he is comfortable with the proposed retaining walls. He said the Commission should start to have some serious discussion about protecting large lot areas that are not protected by R-1 zoning. Commissioner Johnston-Madison said the discussion should be a priority. Commissioner Morris said he supports Commissioner Johnston-Madison’s desire to hold the item over for further discussion. He said that the request is allowed by current zoning. Commissioner Morris suggested that the neighborhood review its Plan-By- Neighborhood section in the City’s Comprehensive Plan. Commissioner Johnston-Madison moved to table the item until May 17th. The motion was seconded by Commissioner Timian. The motion passed on a vote of 6-0. Ms. McMonigal asked if the Planning Commission would like staff to research or add to the report prior to the 17th. Commissioner Johnston-Madison said she will email her questions to Ms. McMonigal prior to the 17th. Chair Carper would like verification of the actual lot measurements to be certain the math is accurate, and he would like to know what can be done for the adjacent property owner in the event of damage. Commissioner Johnston-Madison recommended that the Planning Commission meet at the lot within five days. Commissioner Morris said if a majority of the Planning Commissioners meet at the lot, it is considered a public meeting. Commissioner Johnston-Madison recommended holding a study session. Ms. McMonigal said staff will be working with all of the neighborhoods during the update of the City’s Comprehensive Plan. St. Louis Park Council Meeting Item: 060506 - 8e - Resolution Hoigaard's Miracle Mile - Amend Spec Permit & Variance Page 25 C. Village in the Park Phase II - Preliminary Planned Unit Development and Preliminary Plat (postponed) Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-77-PUD and 05-78-S D. Bigos Apartments – PUD for Apartment Building Location: 1351 and 1361 Hampshire Avenue South Applicant: Ted Bigos Case No.: 06-30-PUD Senior Planner Sean Walther presented the staff report. Commissioner Person asked if there is a provision for recycling, which requires additional space for recycling containers. Mr. Walther said it will be required. In response to Commissioner Morris’ question about bicycle storage, Richard Hennings, architect, said the proposal is for storage inside the garage. An I-bolt in the wall will be located at each parking space. Commissioner Morris said he questions bike storage provided as the space between the front of one’s car and the wall. He said the City needs a better standard of what a bike storage area is. Commissioner Morris asked staff to define it. Chair Carper opened the public hearing. As no one was present wishing to speak, Chair Carper closed the public hearing. Commissioner Robertson made a motion to recommend approval of the Preliminary and Final Planned Unit Development, subject to conditions as recommended by staff. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. 5. Communications A. Recent City Council Action – April 17 B. Other The Planning Commission agreed on the need to discuss lot sizes further. 6. Adjournment The meeting was adjourned at 10:10 p.m. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary