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Home My WebLink About2006/08/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 7, 2006 7:30 PM 5:45 p.m. Box Lunch 6:15 p.m. Board and Commissions – Human Rights Interviews 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Jr. Leaders Parks and Recreation 2b. Children First Asset Champions Network 3. Approval of Minutes 3a. City Council Minutes of June 5, 2006 3b. City Council Minutes of July 10, 2006 3c. City Council Minutes of July 17, 2006 3d. City Council Minutes of July 24, 2006 3e. Study Session Minutes of July 17, 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 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Citywide Wireless Internet Authorization to Request Bids Recommended Action: Motion to adopt the attached resolution authorizing staff to request bids for design, purchase, and implementation of a citywide wireless Internet network, with Council reserving the right to reject any and all bids should Council determine they do not meet financial or performance goals, or for any other reason Council may determine is in the best interest of the City. 8b. West 36th Streetscape & Public Art Discussion 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 AUGUST 7, 2006 SECTION 4: 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 Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. 4b. Motion to approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, 5900 & 5925 West Lake Street, St. Louis Park to be held September 22 & 23, 2006 4c. Motion to adopt a Resolution appointing election judges for the Primary and General Elections to be held September 12 and November 7, 2006. 4d. Resolution Final Payment 39-05 Frattalone Paving Inc. - Street Improvements and Watermain – 20041000 4e. Motion to amend the 2006 equipment acquisition program to allow the purchase of an additional vehicle for the Police Department. 4f. Motion to adopt a Resolution authorizing an application for a grant from the Metropolitan Council Livable Communities Demonstration Account 4g. Human Rights Commission Minutes of May 16, 2006 4h. Human Rights Commission Minutes of June 20, 2006 4i. Planning Commission Minutes of June 21, 2006 4j. Motion to approve Vendor Claims for Filing (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***August 7, 2006*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 5, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. Councilmembers 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), Planning and Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Associate Planner (Mr. Fulton), Housing Program Coordinator (Ms. Larsen), Director of Parks and Recreation (Ms. Walsh), City Clerk (Ms. Stroth), and Recording Secretary (Ms. Samson). 2. Presentations 2a. Lee-Ann Stephens Teacher of the Year Recognition Mayor Jacobs presented a proclamation Lee-Ann Stephens, which recognizes her as the Minnesota Teacher of the Year 2006. Ms. Stephens began teaching English and Language Arts at the Park Spanish Immersion School in 2002. 2b. League of Women Voters Award Presentation “People Who Make a Difference” The League of Women Voters presented awards to several individuals for their contributions in teaching immigrants English. 3. Approval of Minutes 3a. Study Session Minutes of May 8, 2006 Councilmember Sanger requested the following be added to page 4, the last paragraph, line 4, immediately following need to be added: i.e., to teach these agencies how to seek grants from other sources. The minutes were approved as amended. 3b. City Council Minutes of May 15, 2006 The minutes were approved as presented. St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 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 approve payment to School District #283 for an operations grant for funding from Cable TV franchise fees of $35,000 for 2006. 4b. 4c. Moved to 8f. Motion to adopt Resolution No. 06-092 accepting the Project Report, establishing and ordering Improvement Project No. 2006-1900, approving plans and specifications, authorizing advertisements for bids. 4d. Motion to authorize Resolution No. 06-093 for solicitation of bids for fitness equipment funded by Wellness/Fitness Grant 4e. Motion to amend and restate Resolution No. 06-094 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 Ordinance No. 2318-06 approving the renaming of Stevens Drive to Westside Drive, approve summary and authorize publication. 4h. Motion to approve Resolution No. 06-090 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) City Manager Tom Harmening proposed that Item 4b be moved from the Consent Calendar to the Regular Agenda as Item 8f for discussion. It was moved by Councilmember Carver, seconded by Councilmember Sanger, to approve the Agenda as amended. The motion passed 7-0. 5. Boards and Commissions--None 6. Public Hearings St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 3 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 City Clerk Nancy Stroth presented the staff report. Ms. Stroth said the applicant, Dennis Youngquist, is present tonight. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Sanger, seconded by Councilmember Carver, to approve an off-sale intoxicating liquor license for Napa Jack’s Inc., 4200 Minnetonka Blvd. The motion passed 7-0. 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 Resolution No. 06-095 Mr. Harmening presented Bruce DeJong to the Council as the next finance director. It was moved by Councilmember Omodt, seconded by Councilmember Paprocki, to adopt Resolution No. 06-095 confirming the appointment of Bruce M. DeJong to the position of Finance Director effective June 19, 2006. The motion passed 7-0. 8b. 4525 Morningside Road – Comprehensive Plan Amendment and Preliminary and Final Plat of Browndale Park Second Addition Planning Cases: 06-02-CP and 06-03-S Resolution No.s 06-096 and 06-097 Mayor Jacobs said he believes this would be about the fifth time the Council has had public commentary on this item. Mayor Jacobs said he knows the neighbor to the south would like to buy some of this lot and he suggested, by motion this evening, the Council sell up to 15 feet of the lot to the neighbor to the south, she and her husband have indicated they would like to do a move-up house on that lot, and Council designate the rest of the lot as a parkland some where along the way. Councilmember Basill said he thinks that would be a good compromise. Councilmember Basill made a motion to adopt Resolution No. 06-097 approving the Browndale Park Second Addition Preliminary and Final Plat with the understanding that the common lot line between lots 1 and 2 will be adjusted such that lot 1 will be up to St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 4 6.11 feet narrower and lot 2 will be up to 6.11 feet wider than shown on the proposal of the plat. Now, with that, I am [Councilmember Basill] looking at the existing staff report, which talks about 8.89 feet to the neighboring property. To get 15 feet, the lot line would need to be moved another 6.11 feet that would allow 15 feet. The lot on the corner would then not be large enough for an additional single-family home. Councilmember Omodt seconded the motion. Councilmember Omodt said he hopes this is acceptable and can move the community forward. Councilmember Carver asked for a point of clarification. Councilmember Carver said in order to sell that a portion, up to 15 feet, with a portion of it still in the Comprehensive Plan being designated as park, he believes in order for the motion to be effective to do anything has to amend the Comprehensive Plan. Councilmember Basill said he is prepared to make a motion on that. Councilmember Basill asked if the motion could be one motion. City Attorney Tom Scott said he agrees with Councilmember Carver. Council would need to follow up with a motion to amend the Comprehensive Plan to put this in a position so that Council could, in fact, sell the 15 feet. Mr. Scott said it could be done with one motion but understand that the entire motion, to carry, would need five votes. Mr. Scott said the plat motion would require a simple majority but the Comprehensive Plan motion requires five votes. Councilmember Basill said, for the sake of simplicity, he will amend his initial motion per Councilmember Carver’s suggestion and he will add, to adopt Resolution No. 06-096 approving an amendment to the Comprehensive Plan from Park to Low Density Residential for up to the north 15 feet of Lot 2 Block 1 of Browndale Park Second Addition. Councilmember Omodt seconded the motion. Councilmember Sanger said it is not perfect but it is a compromise and she supports the motion. Councilmember Carver said he is opposed to the motion. The motion passed 6-1. (Councilmember Carver opposed). 8c. Cedar Pointe Redevelopment – Conditional Use Permits and Variances Location: 5330 Cedar Lake Road Case No.: 06-36-CUP & 06-37-VAR Resolution No.s 06-099 and 06-100 Senior Planner Sean Walther presented the staff report. Mr. Walther added one condition to the CUP that is condition 12, which is that exterior materials and color samples to be submitted to the Zoning Administrator. St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 5 Councilmember Sanger is supportive but she would like to know about pedestrian safety. She asked if the developer will be responsible for landscaping on the right-of-way. Mr. Walther said the right-of-way landscaping is expected to be the responsibility of the developer or adjacent landowner. In regard to pedestrian safety, Mr. Walther said generally staff does not want fencing in the right-of-way, which would be considered an obstruction. Councilmember Sanger asked if consideration could be given to putting a median in. Councilmember Finkelstein is also concerned about pedestrian safety. Councilmember Carver said the city requires too much parking already and he suggested removing some of the parking stalls. Secondly, Councilmember Carver asked if sidewalk seating is being proposed in conjunction with the restaurant. Mr. Walther replied yes. Councilmember Carver suggested a larger area for outdoor seating by the removal of excess parking stalls. Councilmember Sanger asked about taking some of the parking spaces and converting them to a proof-of-parking concept. Mr. Walther said up to 10% of the required parking may be designated as proof-of-parking. Paul Maenner, JMW Development, said they could consider turning some of the parking stalls into a proof-of- parking situation. Mr. Maenner said the space for outdoor seating is limited. He agrees that it is a challenge to cross the street and he uses the median as a break point. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve Resolution No. 06-100 a Conditional Use Permit to allow a drive-through and 93% impervious surface coverage and to approve Resolution No. 06-099 Variances for 24-foot wide drive aisles and zero parking setbacks from the west and south lot lines with the understanding that the Applicant continue to work with staff to convert some excess parking spaces over the minimum amount to proof-of-parking to have a little more green space unless or until those extra spaces are actually required. The motion passed 7-0. 8d. Westwood Hills Nature Center – Conditional Use Permit (CUP) for Excavation Resolution No. 06-098 Associate Planner Adam Fulton presented the staff report. Councilmember Omodt asked if the playground equipment will be accessible to the people in the neighborhood. Director of Parks and Recreation Cindy Walsh said the playground equipment will be available to the people in the neighborhood. Ms. Walsh said staff met with the neighborhood. It was moved by Councilmember Omodt, seconded by Councilmember Carver, to adopt Resolution No. 06-098 approving a Conditional Use Permit for Excavation. The motion passed 7-0. St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 6 8e. Hoigaard’s at Miracle Mile – Major Amendment to a Special Permit and Variance for a Tower Sign Resolution No.s 06-101 and 06-102 Mr. Fulton presented the staff report. Todd Brewer, president of Hoigaard’s, said Hoigaard’s is intending to take the actual sign from the smokestack and place it on the tower. Mayor Jacobs asked about closing the access from Miracle Mile onto Wooddale Avenue or at least make it a right-in but close the right-out. Councilmember Sanger does not support the variance for the sign. Councilmember Finkelstein said an old landmark is being exchanged for a new landmark. Councilmember Sanger said it is the smokestack that is of historic value. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-101 approving the Major Amendment to a Special Permit for a building expansion and parking modifications. The motion passed 7-0. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-102 approving the Variance for a Tower Sign. The motion passed 6-1. (Councilmember Sanger opposed). 8f. Louisiana Court Affordable Housing Incentive Fund Award Resolution No. 06-091 Councilmember Omodt requested this item be moved to the Regular Agenda so that Council could continue to have a discussion on it. Councilmember Omodt said tax dollars must be spent wisely and Council must not allow the pouring of good money after bad. Council must expect the most of its partners, in this case, Perspectives, PPL, that undertake the programs they are asked. It was moved by Councilmember Carver, seconded by Councilmember Basill, to adopt Resolution No. 06-091 approving the participation of Hennepin County Housing and Redevelopment Authority in the Louisiana Court Development through the Award of Affordable Housing Incentive Funds to assist in financing Capital Improvements. The motion passed 6-1. (Councilmember Omodt opposed). 9. Communications Mayor Jacobs said Parktacular events will start on June 15th. St. Louis Park Council Meeting Item: 080706 - 3a - City Council Minutes Of June 5, 2006 Page 7 The St. Louis Park Fire Department Open House will be held on June 13th, at Fire Station #1, 3750 Wooddale Avenue. Councilmember Finkelstein commended the Dollars for Scholars organization for their contributions to college students. Councilmember Omodt said the Rec Center pool has opened. 10. Adjournment The meeting adjourned at 9:08 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 080706 - 3b - City Council Minutes Of July 10, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 10, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present: Associate Planner (Mr. Fulton), City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community Development Director (Mr. Locke), Finance Director (Mr. DeJong), Planning/Zoning Supervisor (Ms. McMonigal) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. 2005 CAFR/Audit Mr. DeJong, Finance Director presented a brief report and recognized Finance staff for their work on the report. Steve McDonald, Abdo, Eick and Meyers, reviewed the Consolidated Annual Financial Report (CAFR)/Audit. 3. Approval of Minutes - None 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve Agreements Between the City and Children First, Meadowbrook Collaborative and STEP for Matching Funds. 4b. Resolution No. 06-111 Appointing Bruce DeJong and Clint Pires as Alternates to LOGIS Board of Directors. 4c. Approve the Inglewood Avenue municipal parking lot lease contract, and authorize the Mayor and City Manager to sign the contract. 4d. Bid Tabulation: Reject the bids for the Ford Road Sanitary Sewer Lift Station Replacement – Project No. 2005-1200 and authorize re-advertisement for bids. 4e. Approve Resolution No. 06-112 establishing a special assessment for the repair of the water service line at 2214 Quebec Drive. 4f. Approve Resolution No. 06-113 waiving application of subdivision regulations to allow recording of Metes and Bounds conveyance of property located at 2715 Monterey Ave S. 4g. Approve Resolution No. 06-114 to reconvey tax forfeit property at 7701 Edgebrook Drive to the State of Minnesota. 4h. Planning Commission Minutes of June 7, 2006 for Filing. 4i. BOZA Minutes of May 25, 2006 for Filing. 4j. Approve Vendors for Fitness Equipment in the Fire Department. 4k. Approve Vendor Claims for Filing. (Supplement) St. Louis Park Council Meeting Item: 080706 - 3b - City Council Minutes Of July 10, 2006 Page 2 It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 6. Public Hearings 6a. Roitenberg Assisted Living Project Refunding Bonds Resolution No. 06-109 Mr. DeJong presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt to adopt Resolution No. 06-109 approving an amended Housing Program, authorizing the Issuance, Sale, and Delivery of its Revenue Refunding Bonds (Roitenberg Family Assisted Living Residence Project), Series 2006”. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. 2221 Hill Lane Plat and CUP for Excavation Resolution No. 06-110 Mr. Fulton presented the staff report. Stan Jurgensen, 2309 Westridge Ln., expressed a concern about erosion control and runoff from the excavation to build the new homes. Ellen McGrattan, 4636 Cedarwood Rd., expressed concerns about the excavation and the affect on neighboring properties. Graham Candler, 4636 Cedarwood Rd., stated they believed the lot sizes were too small and would not be able to handle the drainage, which would negatively affect the environment. Mayor Jacobs noted a motion made by Councilmember Sanger was tabled at the previous meeting. Mr. Harmening added the motion was seconded by Councilmember Finkelstein and directed staff to prepare a resolution making findings of fact and denying the proposed three lot plat and alternatively approving a two lot subdivision involving a combination of the proposed two new lots into one lot. Council asked staff and legal counsel to provide information. The alternate motion provided in the staff report was intended to fulfill the direction given in the tabled motion. Mayor Jacobs asked if the two-lot option was acceptable to the applicant? Jim Johnson, applicant, 420 NE 4th St, Watertown, SD, replied he did not have an interest in two lots St. Louis Park Council Meeting Item: 080706 - 3b - City Council Minutes Of July 10, 2006 Page 3 and felt they had done everything legally required to show that a three-lot subdivision was viable. Joy Peterson, 2301 Westridge Ln, stated this had the potential to impact the environment and surrounding neighbors. Two others have applied for subdivisions, which would mean four houses on the hill and it would be crowded. Mayor Jacobs indicated the conditional use permit had been withdrawn. Many neighbors raised issues about erosion, was that something that would be addressed in the conditional use permit, whether one or two houses were built? Mr. Fulton replied when a building permit came forward, staff looks at how much excavation was taking place. If the excavation was over 400 cubic yards, it would require a conditional use permit. Mr. Harmening added erosion control is required. Mr. Fulton stated there is a threshold where an applicant is required to get permits from the Minnehaha Creek Watershed District and the City for erosion control and a silt fence is required and best practices are put in place to make sure there are no negative affects on the environment. Councilmember Sanger stated she had concerns about the potential for environmental harm. They had testimony about erosion, drainage problems, flooding and the effects of the slope. A Code provision allows the Council to consider those as factors in potentially modifying a subdivision request. Long-term erosion was not addressed in the building permit, CUP or watershed district process. The concern was the long-term stability of the hill and the environmental degradation it might contribute to over time. While the applicant met the square footage requirement, there is a basis to allow one additional house, which may help minimize the erosion and other negative issues. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt a Resolution approving the Preliminary and Final Plat, as amended, subject the conditions of the Resolution. Councilmember Finkelstein stated the subdivision code regulates environmentally sensitive land/areas and the design of the subdivision shall clearly reflect all necessary measures. The current plan does not do that. They show how the lots would be split, but the applicant does not plan to build the homes. This may set them up for future erosion problems, storm water problems, loss of trees and they didn’t know what the damage could be to other homes. Councilmember Omodt indicated reading the legal opinion from the City Attorney and the code, he believed approving this motion would end up in a lawsuit, one that the City would lose. The applicant met the legal provisions. The City Engineering report indicated the storm water system was adequate for construction of two new homes and storm water was not anticipated to flow onto neighboring properties. The previous landowner had the land plotted the same way, which was part of the record. If they approve two lots versus three, he believed there would be a lawsuit and in the end they would end up with three properties and will have spent City resources. St. Louis Park Council Meeting Item: 080706 - 3b - City Council Minutes Of July 10, 2006 Page 4 Councilmember Sanger stated they did have a legal basis in code section 25-157. She was presuming there was legal value to the ordinances enacted and the ordinance gave them the right to modify a subdivision. Councilmember Omodt indicated he put more stock in the City Attorney’s legal opinion and what case law had been on this matter. He didn’t want to sell false hope to residents. Councilmember Carver agreed with Councilmember Omodt. The alternative resolution indicates there needs to be a finding that the land proposed for the subdivision is deemed environmentally sensitive. Do they have the basis on which to make a finding, for example a report from City staff or a consultant hired to make the analysis? Ms. McMonigal replied staff did not have a report to that effect. Councilmember Carver commented that he could not support a resolution that contained a finding in which he hadn’t seen the facts. It was not good to go forward with opinions of people who were not experts in the area and he could not support the resolution for that reason. Councilmember Finkelstein expressed a concern about the slope being greater than 3:1 and that this involved removing approximately 1/3 of the trees on this property. Even with trees they would be replatting, it wouldn’t make a difference. There are two other pending applications on the same hillside, and these same homeowners would be asking why they didn’t do something. There is a city ordinance and it is legal until proven otherwise. Councilmember Sanger disagreed with Councilmember Carver’s interpretation that their needs to be a finding by an outside consultant. They have a factual basis for the environmental sensitivity contained in the testimony of some, particularly several people who live across the street from the proposed subdivision talked about flooding issues. It was a reasonable conclusion that the water would flow down from the slope, across the street and to the houses at a lower level. That is concern about additional flooding, drainage and erosion control problems, which would be sufficient to label this as environmentally sensitive. There is nothing in the ordinance saying that label could only be put on by an outside consultant. Councilmember Omodt asked where it said in the report that the slope was greater than allowed in the 3:1? Councilmember Finkelstein replied on page six of the report, limitation of development on slopes that are steeper than 3:1. The proposed new lots fall steeply from North to South and is greater than 3:1 in some places. Also the applicant has indicated the construction will require the removal of 290 caliber inches of significant trees. Ms. McMonigal stated the existing slope is greater than 3:1 in some places. The proposal was that the developed lot would not be greater than 3:1. Councilmember Sanger asked how they would know that now since they don’t have a proposal for what would be built? Ms. McMonigal replied when the applicant applies for a conditional use permit, it would be reviewed by the City Engineer to ensure it didn’t exceed 3:1. St. Louis Park Council Meeting Item: 080706 - 3b - City Council Minutes Of July 10, 2006 Page 5 Councilmember Paprocki stated they had objective standards of 9,000 square feet requirement. As he was reading the resolution to allow subdividing to two parcels, he didn’t see a definition of the lot sizes? Ms. McMonigal replied the resolution reads, reduces the number of lots from three to two, by consolidating lots two and three into lot two. Councilmember Carver commented he was hesitant to follow the analysis given that there are water issues in this area and they can invoke the section 25-157, because he believed they could make that analysis anywhere rain fell. Councilmember Omodt agreed. If there is a flooding issue, he wondered why the homeowners hadn’t come forward for berming or other mitigation. They can’t hold one persons lot liable for everyone else’s water. Councilmember Finkelstein called the question. Councilmember Basill asked a point of clarification and indicated that the motion was tabled and another motion was made. Councilmember Sanger responded it was intended to be the same motion. Last time they asked staff to develop a resolution. The motion now was proposing they implement the motion they drafted in response to the request two weeks ago. The motion failed 2-5 with Councilmember’s Basill, Carver, Omodt, Paprocki and Mayor Jacobs opposed. It was moved by Councilmember Paprocki, seconded by Councilmember Carver, to adopt Resolution No. 06-110 approving the Preliminary and Final Plat, as submitted, subject the conditions of the Resolution. The motion passed 5-2 with Councilmember’s Finkelstein and Sanger opposed. Mayor Jacobs asked when the conditional use permit might be before the Council? Mr. Locke replied the conditional use permit had been withdrawn. There would only be a new conditional use permit if an application were submitted to build on one of the other lots and excavation would exceed 400 cubic yards. 9. Communications Mayor Jacobs reported on the watering restrictions. 10. Adjournment The meeting adjourned at 8:20 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 080706 - 3c - City Council Minutes Of July 17, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 17, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 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), Public Works Admin. Specialist (Ms. Hellekson), Senior Planner (Mr. Walther) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. Keep America Beautiful Grant Ms. Hellekson introduced Steve Mets from Waste Management who presented the City with a $3,000 grant. Mayor Jacobs thanked Ms. Hellekson for her work. 3. Approval of Minutes 3a. Study Session Minutes of May 22, 2006 Councilmember Paprocki requested comments be included about the instant run off voting that it was not only changing how they do elections, it was a core change in what the requirements were for being elected. Councilmember Finkelstein stated on page three, regarding the EDI proposal, in the second paragraph he mentioned a put option. He requested it be more detailed and include, “in the event this site was not used as an eating disorder clinic, the City have the right to reclaim the property or to get it back, which should be included as part of the negotiation process.” The minutes were approved as amended. 3b. Study Session Minutes of June 5, 2006 The minutes were approved as presented. 3c. City Council Minutes of June 19, 2006 Councilmember Sanger indicated on page three, in Councilmember Finkelstein’s comments, insert “not” after “toll roads alone would”. The minutes were approved as amended. 3d. Study Session Minutes of June 26, 2006 The minutes were approved as presented. St. Louis Park Council Meeting Item: 080706 - 3c - City Council Minutes Of July 17, 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. Resolution No. 06-120 Final Payment Park Construction, Inc. (Lamplighter Pond 20001800) 4b. Resolution No 06-121 Final Payment Ettel and Franz – St. Louis Park Police Station Re-Roof 4c. Resolution No. 06-122 for Minor Amendment to Brookside School PUD 4d. Approve Resolution No. 06-115 the issuance of a Taxable TIF Revenue Note, Series 2006A, in an original aggregate principal amount not to exceed $1,725,000 to facilitate the development of the first phase of the Hoigaard Village mixed-use project. 4e. Bid Tabulation: Designate Penn Contracting, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $199,485.00 for the Parkwoods Road Watermain Replacement – City Project No. 2006-1900 4f. Approve Resolution No. 06-123 establishing a special assessment for the repair of the sewer service line at 3304 Zarthan Avenue South. 4g. Housing Authority Minutes of May 10, 2006 for Filing 4h. BOZA Minutes of May 25, 2006 for Filing 4i. Vendor Claims for Filing It was moved by Councilmember Omodt, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Highway 7 Corporate Center – Conditional Use Permit and Variances, Location: 7003 Lake Street, 6651 Highway 7, 3625 and 3629 Hampshire Avenue, Case No.: 06-47-CUP & 06-48-VAR Resolution No. 06-116, 06-117, 06-118 and 06-119 Mr. Walther presented the staff report. It was moved by Councilmember Paprocki, seconded by Councilmember Basill, to approve Resolution No. 06-116 for a Conditional Use Permit to allow more than 50% office use in the IP Industrial Park District, subject to conditions; to approve Resolution No. 06-117 for a front yard building setback variance; to approve Resolution No. 06-118 for a subdivision variance waiving the sidewalk requirement along the east side of Monitor Street; and, to approve Resolution No. 06-119 for a parking lot internal landscaping variance, subject to conditions. St. Louis Park Council Meeting Item: 080706 - 3c - City Council Minutes Of July 17, 2006 Page 3 Councilmember Sanger understood the reason for the variance for landscaping in the parking lot because of the polluted land, but was concerned about the visibility and aesthetics from the trail. Can additional landscaping be added in pots? Mr. Walther replied the applicant had considered that. Paul Hyde, Real Estate Recycling responded landscaping requires irrigation and drainage, both require clean soils according to their clean up plan with the Pollution Control Agency. They only had so much space above the groundwater and below the building to do that and the volume on the back of the site was very limited. If they are able to, they will landscape the first row of islands. The motion passed 7-0. Mayor Jacobs thanked Real Estate Recycling for their collaboration and clean up of the site. 9. Communications Mayor Jacobs noted National Night Out would be held on August 1st. He thanked Officers Paul Barnes and Tony Nickel for their involvement with a basketball league at Ainsworth Park for children in that neighborhood. 10. Adjournment The meeting adjourned at 7:50 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 080706 - 3d - City Council Minutes Of July 24, 2006 Page 1 UNOFFICIAL MINUTES ST. LOUIS PARK/HOPKINS JOINT COUNCIL MEETING July 24, 2006 The meeting convened at 6:30 p.m. St. Louis Park Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Susan Sanger, and Mayor Jeff Jacobs. Councilmember Loran Paprocki was absent. Staff present: City Manager (Mr. Harmening); Police Chief (Mr. Luse); Police Lieutenant (Ms. Drier); and Recording Secretary (Ms. Samson). Hopkins Councilmembers present: Kristi Halverson, Jay Thompson, Bruce Rowan, and Cheryl Youakim, and Mayor Gene Maxwell. Hopkins staff present: City Manager (Mr. Getschow); and Police Chief (Mr. Reid). Introductions were made. St. Louis Park City Manager Tom Harmening and Hopkins City Manager Rick Getschow had met in June to discuss and plan for the joint Council meeting. Mr. Harmening said St. Louis Park is appreciative to have the Hopkins City Council here to discuss issues of mutual concern and interest. Mr. Harmening asked the Chiefs of Police to provide an overview regarding what has been taking place on the St. Louis Park and Hopkins border. Chief Luse distributed a Monthly Crime and Incident Statistics—June 2006 Report to attendees. Chief Luse said the Aquila neighborhood has concerns about crime. Chief Luse said District 3943 was surveyed this past spring and he elaborated. Chief Reid presented an aerial of the Blake Road corridor. Chief Reid identified and discussed drug and gun activity and multiple disturbance calls that required more than two officers, called major disturbance calls. He said there are several unsupervised children in the Blake Road corridor. Chief Reid said 71% of children, in K-6th grade, have been signed up for summer program activities this year, and calls for service have dropped 20% in this area. Councilmember Omodt asked if there are programs geared for residents from a cultural perspective. Chief Reid said he needs to gather business leaders to discuss surveillance. Councilmember Sanger asked if Hopkins has programs to license rental landlords and control behavior. Hopkins City Manager Rick Getschow said yes, all rentals are licensed including single-family homes. Mr. Getschow said they would like to add a crime-free addendum to rental leases. Hopkins would like to become more aggressive on inspections. Mr. Getschow said one option would be to raise inspection fees. Councilmember Youakim said perhaps the St. Louis Park and Hopkins Human Rights Commissions could work together to address education issues. St. Louis Park Council Meeting Item: 080706 - 3d - City Council Minutes Of July 24, 2006 Page 2 Chief Luse would like to attach licensing to a property so that a nexus could be established in order to identify problem properties. The Councils discussed gang task forces and drug task forces. Mr. Harmening summarized that St. Louis Park and Hopkins are looking at a rental licensing ordinance relative to better addressing behavior—not just property maintenance and code related issues—and it seems logical to work together so that the ordinances compliment and not detract from one another. Also, the two police departments will partner on dealing with crime issues. Mr. Harmening asked the Councils to consider what would happen if St. Louis Park and Hopkins had the toughest rental licensing in the metro. The Council discussed the Glencoe Railroad switch yard, WiFi, and redevelopment initiatives. Mr. Harmening distributed information regarding current developing properties in St. Louis Park, mainly near the Hopkins border. Mr. Harmening identified future partnerships as including police departments, rental licensing, perhaps inspection services, and perhaps WiFi. Councilmember Sanger said on Monday, August 21st at 7:30 a.m. at the Depot in Hopkins, there will be a meeting regarding the SW LRT. Mayor Jacobs would like to discuss LRT with Hopkins in the future. The meeting adjourned at 8:35 p.m. ______________________________________ _____________________________________ _ City Clerk Mayor St. Louis Park Council Meeting Item: 080706 - 3e - Study Session Minutes Of July 17, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION July 17, 2006 The meeting convened at 6:00 p.m. Councilmembers present: John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening); City Attorney (Mr. Scott); Director of Technology & Support (Mr. Pires); Finance Director (Mr. DeJong); Management Assistant (Ms. Honold); City Clerk (Ms. Stroth); Police Lieutenant (Mr. Kraayenbrink); Assistant Zoning Administrator (Mr. Morrison); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); and Recording Secretary (Ms. Samson). 1. Off-Sale Liquor Licenses Staff has returned to Council with information regarding the sale of liquor and staff recommendations. Councilmember Omodt favors the staff recommendation on signage. Councilmember Finkelstein said the Council may need to revisit limiting the number of liquor stores. Councilmember Carver favors a $2000 fine for the first offense of selling to a minor and begin suspensions the second time. Councilmember Omodt agrees with Councilmember Carver. City Clerk Nancy Stroth said, currently, there is nothing in the City ordinance regarding a timeframe for violations. City Manager Tom Harmening said staff is suggesting, for the sale of beverages to minors, a fine for the first offense and then suspension for all offenses thereafter within a three-year period, and a three-day suspension, i.e., for the liquor portion of an establishment. Police Lieutenant Chad Kraayenbrink said liquor store owners are offered alcohol compliance training from the City for their employees. Councilmember Sanger asked if a liquor establishment is cited for noncompliance, may the City require mandatory alcohol compliance training or that the liquor establishment furnish certification from a private vendor. Mr. Harmening thinks that would be a possibility. Councilmember Sanger asked if compliance checks could be done more than one a year. Management Assistant Marcia Honold responded yes. Ms. Honold said Police Chief Luse indicated to her that he would like to increase the frequency of the checks based on failure rates. In regard to the sale of liquor to a minor, Lieutenant Kraayenbrink said the criminal offense goes to the person who served the alcohol and the civil penalty to the establishment. Councilmember Basill said bars on windows were not covered in the staff report. There is no reason for bars on windows. Councilmember Basill wants to limit the number of liquor stores in St. Louis Park. Assistant Zoning Administrator Gary Morrison said he is not aware of anything that prohibits bars on windows. Mr. Harmening said staff will try to fit that in for Council’s adoption. St. Louis Park Council Meeting Item: 080706 - 3e - Study Session Minutes Of July 17, 2006 Page 2 Councilmember Carver asked if the City could adopt an ordinance to require buyers to provide identification. Councilmember Paprocki suggested getting owners more concerned. Council and staff discussed verifying identification electronically. Mayor Jacobs asked what the public policy for the passage of tonight’s suggestions would be. Mr. Harmening said staff will have conversations with liquor store owners and get their feedback. Mr. Harmening summarized: There is a consensus to limit signage of exterior windows, avoid negative aesthetic and appearance issues to not allow bars on windows; there is no consensus to limit the number of liquor establishments; there is some interest in adopting some minimal distance between liquor establishments and sensitive uses such as schools and churches, but not for existing establishments; there is a consensus to increase penalties and impose a timeline of three years; in regard to compliance checks, after one violation mandatory training will be required; and staff will check about requiring showing identification. Councilmember Finkelstein may want to take the signage issue to the Business Council for their input. 2. City Wireless Project Update Director of Technology and Support Services Clint Pires presented an update on the Wireless Project. Mr. Pires said support requirements were higher than anticipated. Mr. Pires suggested the Council start thinking about including the benefits of public service and safety. Mr. Pires strongly suggested the unknowns be answered before going forward. Mayor Jacobs asked how long it would take to get the needed information, and Mr. Pires responded about three months. Councilmember Finkelstein would like to continue with the study and to consider WiMax. Councilmember Paprocki would like to continue with the study. Mr. Harmening said the staff recommendation is to continue the pilot and go for bids; Council agreed. Councilmember Omodt refrained from comments due to a conflict of interest. Mr. Harmening said this item will return on August 7th for formal process. The Study Session meeting ended at 7:29 p.m. The meeting reconvened at 7:53 p.m. Director of Inspections, Mr. Hoffman and Environmental Health Official, Mr. Camilon provided Council with background on the Flame Metal facility, how they operate and a summary of complaints that have been filed with the City about smoke and odor emissions. Staff also updated Council on the PCA analysis and their position on licensing the facility. 3. Flame Metals Council and staff discussed Flame Metals. 4. Future Study Session Agenda Planning Mr. Harmening and the Council discussed study session agenda planning. The meeting ended at 8:58 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 1 4a. Motion to adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to the recommendation of the City Manager. BACKGROUND: Alcohol compliance checks were conducted by the St. Louis Park Police Department on May 12, May 22 and May 24 of 2006. Under the direction of Police officers, two female underage buyers (both 18 years old) attempted to purchase alcoholic beverages at licensed establishments throughout the city. Six of the city’s licensed establishments sold alcohol to the underage buyers. Citations were issued in each case and forwarded to Hennepin County District Court for consideration of criminal penalties. ADMINISTRATIVE PROCESS: The City Manager conducted administrative hearings to consider the violations; the City Manager, the City Clerk, and Lieutenant Chad Kraayenbrink reviewed each violation with the establishments and discussed preventive measures that could be taken to prevent future violations. At the end of each hearing, the City Manager determined the penalty for each case. All six license holders attended the hearings and five establishments signed stipulations of facts and agreed to accept the penalty imposed. One establishment’s case is still pending. Three establishments had two violations within a three-year term and fines were set at $2000. Two establishments had three violations within a three-year term and each received a penalty of a 3-day suspension of alcohol sales. The establishments and fines/penalties are as follows: Licensee Establishment Name Address Violation Date Violation No. Penalty Bunny’s 5916 Excelsior Blvd May 22, 2006 2 $ 2000 Santorini’s 9920 Wayzata Blvd May 24, 2006 2 $ 2000 Winestyles 3840 Grand Way May 24, 2006 2 $ 2000 Fuddruckers, Inc 6445 Wayzata Blvd May 12, 2006 3 3-day Suspension St. Louis Park Liquors 6316 Minnetonka Blvd May 12, 2006 3 3-day Suspension COUNCIL APPROVAL: If the City Council concurs with the City Manager’s recommendations, a motion to approve a resolution imposing the administrative penalty is required for each establishment. Payment of that penalty is due within 30 days of Council’s action. If the City Council disagrees with the Manager’s recommendation, a hearing will be scheduled for the Licensee to appear before the City Council for further consideration. Attached: Resolutions approving imposition of civil penalties Prepared by: Nancy Stroth, City Clerk Reviewed by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 2 RESOLUTION NO. 06-125 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 22, 2006 AT BUNNY’S 5916 EXCELSIOR BOULEVARD WHEREAS, on May 22, 2006, a liquor license violation, sale of liquor to a minor, occurred at Bunny’s, located at 5916 Excelsior Blvd in St. Louis Park; and WHEREAS, the liquor license violation was the second occurrence at this establishment within the last 3 years; and WHEREAS, the license holder, has agreed that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has accepted the administrative penalty set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 3 RESOLUTION NO. 06-126 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 24, 2006 AT SANTORINI’S 9920 WAYZATA BLVD WHEREAS, on May 24, 2006, a liquor license violation, sale of liquor to a minor, occurred at Santorini’s located at 9920 Wayzata Blvd. in St. Louis Park; and WHEREAS, the liquor license violation was the second occurrence at this establishment within the last 3 years; and WHEREAS, the license holder, has agreed that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has accepted the administrative penalty set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 4 RESOLUTION NO. 06-127 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 24, 2006 AT WINESTYLES 3840 GRAND WAY WHEREAS, on May 24, 2006, a liquor license violation, sale of liquor to a minor, occurred at Winestyles located at 3840 Grand Way in St. Louis Park; and WHEREAS, the liquor license violation was the second occurrence at this establishment within the last 2 years; and WHEREAS, the license holder, has agreed that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has accepted the administrative penalty set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of $2000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 5 RESOLUTION NO. 06-128 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 12, 2006 AT FUDDRUCKERS, INC. 6445 WAYZATA BLVD WHEREAS, on May 12, 2006, a liquor license violation, sale of liquor to a minor, occurred at Fuddruckers located at 6445 Wayzata Blvd. in St. Louis Park; and WHEREAS, the liquor license violation was the third occurrence at this establishment within the last 3 years; and WHEREAS, the license holder, has agreed that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has accepted the administrative penalty set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of a 3-day suspension set for August 10, August 11, and August 12 of 2006 is hereby imposed on the license holder pursuant to City Code Section 3-75 which is within 30 days of this action. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4a - Liquor License Violations Page 6 RESOLUTION NO. 06-129 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 12, 2006 AT ST LOUIS PARK LIQUORS 6316 MINNETONKA BOULEVARD WHEREAS, on May 12, 2006, a liquor license violation, sale of liquor to a minor, occurred at St. Louis Park Liquor located at 6316 Minnetonka Blvd. in St. Louis Park; and WHEREAS, the liquor license violation was the third occurrence at this establishment within the last 3 years; and WHEREAS, the license holder, has agreed that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has accepted the administrative penalty set by the City Manager and as approved by the City Council. NOW THEREFORE BE IT RESOLVED, that a civil penalty of a 3-day suspension set for August 24, August 25 and August 26 of 2006 is hereby imposed on the license holder pursuant to City Code Section 3-75 which is within 30 days of this action. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4b - Temporary Liquor License - Holy Family Catholic Church Page 1 4b. Motion to approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, 5900 & 5925 West Lake Street, St. Louis Park to be held September 22 & 23, 2006 BACKGROUND: The Holy Family Fall Festival is an annual event sponsored by the Holy Family Church, at 5900 & 5925 West Lake Street. Staff has administratively approved all required permits for the event, with the exception of the Liquor License which must be approved by Council. POLICE INVESTIGATION: The principals were investigated and no record or warrants were found. Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 080706 – 4c – Appoint 2006 Election Judges Page 1 4c. Motion to adopt a Resolution appointing election judges for the Primary and General Elections to be held September 12 and November 7, 2006. BACKGROUND: Minnesota Statutes and City Charter require that election judge appointments be made at least 25 days before the election at which the election judges will serve. The attached resolution contains the names of individuals who have been selected to serve as election judges at this fall’s primary and general elections. Council’s action on this resolution will serve to appoint judges for both the primary and general elections. Election judge training for the Primary Election is scheduled for August 15th, 16th and 19th. Another resolution will be presented to Council in October to appoint additional judges (including student judges) and to make adjustments in staffing that may be necessary prior to the general election. Additional judge training sessions will also be held in October for the General Election. 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: 080706 – 4c – Appoint 2006 Election Judges Page 2 RESOLUTION NO. 06-130 RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS OF 2006 WHEREAS, Primary and General Elections will be held on September 12, 2006 and November 7, 2006 and the City must appoint judges no later than 25 days before each election by resolution of the City Council: NOW THEREFORE BE IT RESOLVED, that the following persons have agreed to serve as Election Judges and are hereby appointed to serve: Ward 1 Precinct 1 Benilde/St. Margaret’s High School Schoen Lou Chair Steege Richard Co-Chair Enz Mary Kalm Jane Ahern Holly Dosal Frank Braunstein Farrel Sutey Barbara Struss Michele Stranik MaryKay Jordan Kelly Ward 1 Precinct 2 Peter Hobart Primary Center Hintz Todd Chair Slager Eunice Co-Chair Wyman Michael Bunik Peter Nerheim Constance Gleekel Barbara Mueller Cynthia Rheinhart Ethel Dell Ed Ward 1 Precinct 3 Groves Academy Drache Kay Chair Gardner Peter Co-Chair Primary Thorne Richard Co-Chair General Weinstein Joan J. Hamilton Kurtz Bratland Rose Paul Mary A Wilensky Barbara Murman Jeffrey Rog Margaret Krishef Dale Landstrom Larry Ward 1 Precinct 4 Groves Academy LaPray Jami Chair Novotney Dolores Co-Chair Cox JoAnn Bagloo Ira Keedy Joanne Thornjo Lucille Blomquist Nan Wilensky Roberta McGown Joyce Worrell Edwin Flatten Anna Disrud Emma VonEschen Brandee Murman Gloria Ward 1 Precinct 5 City Hall - Community Room Berthene Sandra Chair Ruhl Barbara Co-Chair Manuel Julie Anne Kurtz Kirsten Olson Ferda Smith Esther Green Tom Diamond Frances Birno Bill Bulman Karmit Ward 2 Precinct 6 City Hall Council Chambers Marsden Rick Chair Brehmer David Co-Chair Carlson Lawrence Rusch Carolyn Goldstein Gail Birno Marcia Skelton Bonnie Ellingsberg GayAnn Brown Carol Grimes Marie Meyer Michael St. Louis Park Council Meeting Item: 080706 – 4c – Appoint 2006 Election Judges Page 4 Ward 2 Precinct 7 SLP Rec Center Plumeri Margaret Chair Wagner Catherine Co-Chair Vekich Susan Eidson Jane Abrahamsen Buel Dueseher Jill Wisely Susan Roberts Martha Kobe Logene Ward 2 Precinct 8 Susan Lindgren Intermediate Center Koepcke Stephen Chair Bloom Jon Co-Chair Monson Patricia Huiras Ken Tursich Ernest Johnson Mary Morgenweck Irene Welch Rita Theissen Katherine Roppe Joan Thorne Richard Richards David Ward 2 Precinct 9 Aldersgate United Methodist Church Larson David Chair Iacono John Co-Chair Hendrix Mary Tennison Jo Walters Dave Bearmon Jeanne Stapleton Kris Capra Sandy Moxham Florence Campbell Mary Ward 3 Precinct 10 Prince of Peace Lutheran Church Tape William Chair Rainey William Co-Chair Quilling Shirley Johnson Carol Deane Betty Byrd Kathleen Hill Bernice Hill Geraldine Trapp Paula Ward 3 Precinct 11 SLP Senior High School Serrell Judith Chair Benson Janet Co-Chair Silvernail Arleene Hamilton Sylvia Posz Becker Donald Nalezny Lois Manci Jordan Nelson Mabel Aune Kimberly Ward 3 Precinct 12 Lenox Community Center Otterblad Patricia Chair Smits George Co-Chair Berglund Brenda Scully MaryJo Polach Janet Monroe Myrtle Herman Kermit Brueggemeier Troy Holden Agnes Wallentine Sandra Meyers Sally Ward 3 Precinct 13 Aquila Primary Center Williams Michael Chair Bjoraker Erik Co-Chair Grove Henry Metzker Kathy Kertes Anne Arlington John Gravitz Lawrence Stevenson Leah Rawls Deb Kasan Edward Ward 4 Precinct 14 Westwood Lutheran Church Stulberg Jean Chair Posz Albert Co-Chair Tanick Paul Wheeler Mary Larson Sharon Worthingham Vivian Johnson Shirley Adams Judith St. Louis Park Council Meeting Item: 080706 – 4c – Appoint 2006 Election Judges Page 4 Ward 4 Precinct 15 Peace Presbyterian Church Martens Brenda Chair Carlson Cheryl Co-Chair Solarz Dan Weinstein Sheldon Stanchfield Sherm Bierma Shirley Rubinstein Esther Smith Alice Gruenberg Jo Sher Rona Peltier Kay Ward 4 Precinct 16 SLP Junior High School Christensen Mary Lou Chair Plovnick Ross Co-Chair Kalk Todd Hansen Betty Johnston-Madison Claudia Palm Patricia Barbo Barbara Malcomson Nanette Savick Elaine Hart Bryan Ward 4 Precinct 17 Eliot Community Center Wickersham Mary Chair Mayes Nancy Co-Chair Stalling Geri Lovelace Laurice Maynard Mary Bergquist Rogene Desens Helen Oden Ross Berg Paige Liberman Morris Absentee Ballot Board Judges Varner Sim Tangney Alice Ploof Patricia Berlin Nancy Beeghly Grace Evers Carol Danovsky Micki Jacobs Jo Nelson Dorothy Alternate Judges McKay Kathy Held Michael Benda Beatrice Briesemeister Kathy Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4d - Resolution Final Payment-Frattalone Paving Inc 39-05 Page 1 RESOLUTION NO. 06-131 RESOLUTION ACCEPTING WORK ON STREET IMPROVEMENTS AND WATERMAIN CITY PROJECT NO. 20041000 CONTRACT NO. 39-05 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated May 2, 2005, Frattalone Paving, Inc. has satisfactorily completed the street improvements and watermain, as per Contract No. 39-05. 2. The Director of Public Works has filed his recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $1,175,117.75 Change Order/Overrun 60,309.99 Underrun 27,818.88 Previous Payments 1,128,832.00 Balance Due $78,776.86 Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4e - Amend 2006 Equipment Purchases Page 1 4e. Motion to amend the 2006 equipment acquisition program to allow the purchase of an additional vehicle for the Police Department. BACKGROUND: When the police department was notified by Captain Mark Ortner of his intention to retire on June 30th, 2006, some time was spent evaluating the current command staff structure. The structure in place consisted of a police chief, two captains, and two lieutenants. This structure had been in place for several years and had served the organization and the community well. However, as the community policing service delivery model evolves and changes, the needs and challenges for the command staff evolve and change as well. As a result of this evaluation, the new command staff structure will consist of a police chief, a deputy police chief, and three lieutenants. With the removal of the two captain positions, the number of command staff positions and aggregate salaries do not change. Based upon external analysis done by our labor consultant, the two police captains received a monthly car allowance consistent with city policy. The police lieutenants do not receive a car allowance or city car. This same analysis supports providing a city vehicle for the deputy chief position when the structure contains one deputy chief versus two captains. Each year the City Council approves the acquisition of equipment to replace existing equipment or provide additional needed equipment. Approval to purchase the vehicle in question was not in the plan approved by the Council. Thus the reason for the amendment. ADDITIONAL CAR TO BE ADDED TO THE POLICE DEPARTMENT FLEET: The expense to purchase the vehicle is approximately $22,500. The upfront funding source to acquire this vehicle is the City’s Equipment Replacement Fund. The previous annual car allowance budgeted for the two captains positions can be used to reimburse the cost of a city car for the deputy chief. RECOMMENDATION: To approve the purchase of a Dodge Charger automobile in the amount of $22,545 for the deputy police chief. Prepared by: Cindy Walsh, Director of Parks and Recreation John Luse, Chief of Police Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 080706 - 4f- Met Council Livable Communities Demonstration Acct Grant Support Page 1 4f. Motion to adopt a Resolution authorizing an application for a grant from the Metropolitan Council Livable Communities Demonstration Account BACKGROUND: Community Development staff is seeking City Council authorization to apply for a Livable Communities Demonstration Account grant through the Metropolitan Council. The grant is sought in response to the Hoigaard Village redevelopment project and the Elmwood Area Land Use, Transportation & Transit Study. To make a grant application, the Council must find that the project components for which Livable Communities Demonstration Account funding is sought will not occur solely through private or public investment within the reasonably foreseeable future. The grant request of $1,505,184 seeks funds to improve the Elmwood area’s regional stormwater system and to complete permanent public pedestrian improvements in the area surrounding the Hoigaard Village redevelopment. Should St. Louis Park be awarded a 2006 LCDA grant, the City will be notified by the Metropolitan Council in December of 2006. In that case, funds will become available to the City in January of 2007. RECOMMENDATION: Staff recommends a motion to adopt a Resolution Authorizing an Application for Grant Funds. Attachments: Resolution authorizing an application for a grant from the Metropolitan Council Livable Communities Demonstration Account 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: 080706 - 4f- Met Council Livable Communities Demonstration Acct Grant Support Page 2 RESOLUTION NO. 06-132 A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS FINDINGS WHEREAS the City of Saint Louis Park is a participant in the Livable Communities Act’s Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on July 17, 2006; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. CONCLUSION NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City’s development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project components for which Livable Communities Demonstration Account funding is sought: St. Louis Park Council Meeting Item: 080706 - 4f- Met Council Livable Communities Demonstration Acct Grant Support Page 3 (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: (a) The Economic Development Authority of the City of St. Louis Park has approved Tax- Increment Financing for the Hoigaard Village project with the purpose of funding extraordinary costs, and said Tax-Increment Financing cannot support the items for which Livable Communities Development Account funding is sought; and (b) The items for which Livable Communities Development Account funding is sought are not currently included in the City’s Capital Improvement Plan, and therefore could not be completed using this source within the project’s stated timeline. 4. Authorizes its Community Development Director to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 1 City of St. Louis Park Human Rights Commission Minutes – May 16, 2006 Westwood Room, City Hall Call to Order Chair Maaraba called the meeting to order at 7:07 p.m. Present Commissioners: Craig Aizman, Matthew Armbrecht, Karmit Bulman, Michael Cohn, Mindy London Greene, Ahmed Maaraba, Joseph Polach, Kristi Rudelius-Palmer and Shelley Taylor Staff: Martha McDonell, Commission Liaison Guests: Hashi Abdi, Executive Director of the Somali Action Alliance Vic Rosenthal, Director of Jewish Community Action Amina Dualle, Somali Action Alliance (lives in Edina with children in Hopkins Schools) Amira Ahmed, Greater Mpls Day Care Association; (St. Louis Park resident for 3 ½ years) Shukri Adan, works with Somali Youth in Minneapolis and used to be a resident of St. Louis Park for 2 years. Khadja Ali, Resident who lives near Cedar Lake Road. She has lived here on and off for the past six years. She owns her own interpreting business. Introductions A welcome was made to new commissioner, Craig Aizman, and all commissioners and guests introduced themselves. Approval of Agenda The agenda was revised to move the discussion with guests to the beginning of the meeting. Committee reports will follow along with the rest of the agenda. Supporting immigrant communities Ms. Bulman reviewed the background and the Commission’s discussions and involvement with immigrant rights. She explained that the commission had previously been looking into an equal access ordinance but has now stepped back from that focus and would like to connect to different immigrant groups to ask what life is like here in St. Louis Park. Commissioner Armbrecht then explained that the commission was not well informed about different groups in the city and in their role as advisors to city council they wanted to learn more. Ms. Adan remarked that the largest population of Somali residents lives in Minneapolis and many are beginning to move out of the inner city for schools and to live in safer communities. She assisted the City of Minneapolis in writing the immigration ordinance because of experiences with Minneapolis police asking for papers or green cards. Community organizations worked with the City of Minneapolis to address the issue. She found that there was fear in the Minneapolis community in calling the police to report crime. The Minneapolis police reported that that their efforts to check backgrounds by contacting immigration officials was taking up a lot of their time. This is work that should be done by the INS. An separation/equal access ordinance was also done in St. Paul. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 2 Ms. Bulman redirected the conversation to ask about St. Louis Park. They had heard problems in St. Louis Park were not the same as in Minneapolis and St. Paul. Were immigrants facing the same kind of issues? Ms. Adan replied the issue was a matter of access. St. Louis Park is a hub between Minneapolis and Hopkins. Ms. Adan felt that Highway 7 is an issue in the Somali community because many people were being pulled over by police and even followed, especially by the park near City Hall. The incidents were for minor traffic violations such as lights. Ms. Adan had not been stopped herself. She was concerned that it happened more often when people wore a headscarf. She felt there was a perception of profiling and said many Somali’s avoided highway 7 and used 394 instead. She also said that immigrants were not likely to file a complaint unless it is something drastic. She explained that many Somali immigrants are afraid to make complaints with police because of their previous encounters with police when they were refugees. She said that the fear is a worry about a retaliation factor that may not be there. Ms Adan said that many Somali residents are employed in St Louis Park at Sam’s Cub, Cub Foods and Park Nicollet and these workers tell each other to be careful of driving to and from work. She was very appreciative that the Commission had invited her to come and speak. She said that a lot of Somali’s like to live in St. Louis Park because it is a very safe clean neighborhood and also because Kosher stores are available for Muslims. Ms. Adan said she was very happy to live in St. Louis Park when she did for 2 years. Mr. Armbrecht asked how large the community was in St. Louis Park? Ms. Adan was not sure of the numbers. Ms. Ali stated residents live near Excelsior, Texas and Virginia, Louisiana Court and Meadowbrook, also many are in homes. Mr. Armbrecht asked if most people in St. Louis Park were moving from Minneapolis and had been here for a long time or if they were new immigrants? Ms. Ali replied it was mixed. Ms. Ali, a city resident, then shared her story. She said that she had been followed by police on Lake Street going to Minnetonka. She takes 94 to 394 instead. She stated that Police had stopped her for minor traffic violations (such as failure to signal) four times in less than one month. This was close to the time of Ramadan when she was wearing a Hijab (scarf). Ms. Bulman asked if police questioned their immigration status? Ms. Ali replied once her mother (who was not driving) was asked to show her ID. This stop was at Minnetonka and Texas and three police cars came. She had not filed any complaints although she was encouraged by others. Mr. Polach asked if police were asking for immigration papers or just looking at the driver’s license? Ms. Dualle replied before she moved to Hopkins, everyone informed her about their issue with Highway 7. She had car troubles on Highway 7 and the police had stopped to help her because her hood popped up. She was not asked her immigration status. Ms. Ahmed, a city resident at Excelsior and Grand, was familiar with the Cop shop there and said she never experienced any problems with the police there. She believed that getting stopped depended on the situation, such as if someone was driving a nicer car, how they looked, etc. Her neighbors ask her if she is from Saudi Arabia. She has other issues in the community simply because of language differences. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 3 Ms. Bulman asked what she had encountered while living in St. Louis Park? Ms. Ahmed replied she hadn’t had problems with the police or other officials, but had difficulties with neighbors and when people had stereotypes and were not welcoming. She stated that she is the only neighbor living at Excelsior and Grand who wears a head scarf. She has the most difficulties at the entrance. The neighbors do not let her 8 year old child in the security door. Ms. Bulman asked if she feared for her safety in her neighborhood. Ms. Ahmed replied, “Sometimes.” Ms. Ali replied she did fear the police and worried about them slowing down to watch her as she walked in her neighborhood. Ms. Dualle indicated her children would be driving soon and she wondered what to tell them. They were citizens and had been raised here. She has lived in the U.S. for 14 years. Ms. Ali added she also had problems with neighbors. She and her husband own a condo in St. Louis Park and had an experience where they were not invited to an owners meeting because they were assumed to be renters. Ms. Ali also described the story of a time she was outside of her home in St. Louis Park talking to a friend by her car and a police officer stopped to ask the friend, who was white, if she was being bothered by Ms. Ali. She felt these kinds of incidents create an unwelcome environment for African American citizens. Commissioners mentioned the need to advertise the use of the Human Rights hotline more. Mr. Abdi indicated many immigrants feared the system because of their background and previous experiences living under dictator systems. Ms. Adan then told of the reason she moved out of St. Louis Park after 2 years. Her apartment building on Englewood, managed by Sidal Realty, had a manager that was towing the cars of African American tenants. After Ms. Adan moved out she found out that the manager doing this was eventually fired. This same manager would also come out to the pool each time Ms. Adan was there with her children. He didn’t exhibit this behavior with other parents. Ms. Ali also expressed frustration with neighbors who would not let her in her building when she had lost her keys. Mr. Abdi indicated many people were moving to St. Louis Park because of housing and schools. He feels that if people are stopped and asked for their immigration status then it is an issue of racial profiling. Commissioners asked Mr. Abdi if this had ever happened to him in St. Louis Park and he said that it did not and that he is not often in St. Louis Park. He was aware these from other immigrants but they mostly keep silent. He felt that at this time it was important to stand up against such incidents as a civil right. Ms. Bulman asked if the separation ordinance made a difference in Minneapolis? All of the guests believed it did. Mr. Abdi indicated more crimes were being reported, especially within the Somali community. They were more comfortable dealing with the police. He felt the need to encourage the ordinance in other cities because of the benefits he has seen. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 4 Mr. Armbrecht asked if there were many undocumented Somali’s in St. Louis Park? Mr. Abdi replied not really. Ms. Adan noted most Somali’s were refugees and came through official processes with documentation. Mr. Abdi said he felt that Somali’s in America experienced more racial profiling after 911. Mr. Armbrecht asked if there were other cultural or religious practices they had a problem expressing such as wearing the Hajib? Ms. Adan replied in Minneapolis religious leaders from mosques maintained long beards and they had to educate the Minneapolis Police on that issue. She felt that their already established working relationship that the Somali community had with the Minneapolis Police helped when education was needed on this issue. She also reported that the Mayor of Minneapolis asked her to serve on an advisory committee created to assist with the selection of the next Police Chief. This is something that never would have happened 10 years ago. They have a working collaboration and are able to help police in identifying Somali’s who commit crimes. Ms. Adan indicated that the Minneapolis Department is actively recruiting officers from the immigrant community. The first two Somali’s are about to graduate police training soon. She said that getting to know Somali people is better education for officers than diversity training. She also has worked to educate Somali residents about police procedures such as asking people to stay in their cars when stopped. Ms. McDonell indicated in St. Louis Park, the Human Rights Commission had no authority to investigate incidents of discrimination and was only advisory. They can find problems and give advice and education. What would be the next step for commissioners to get started educating the Council and Police on improving training and education? Mr. Abdi replied the St. Louis Park Police Department could go through cultural training for all cultural groups, Hmong, Latino etc. . not just Somali’s. He offered to provide recommendations. Many communities had done this. He felt the separation ordinance would also be helpful. If it were only a policy, there could still be incidents when people are asked for immigration documentation. Ms. Bulman indicated the City Council asked why they needed an ordinance and were not aware of any problems and felt it was a matter of education. Mr. Abdi replied they needed the protection of the law. If immigrants knew there was a law, they would feel comfortable and protected. Mr. Armbrecht asked if they were aware of violations of the separation ordinance in Minneapolis or St. Paul? Mr. Abdi replied no. When there was a recent shooting in Uptown with a Somali suspect, the leaders met with local business owners to improve relations. Ms. Polach asked why there was a fear of police? Mr. Abdi replied after September 11th, people who were Muslims had a fear of injustice. He reported the story of a friend who had an incident at the airport and their ten year old was on the watch list and it took 3 hours to resolve. They were told they could change the child’s name. Mr. Polach believed there needed to be a mechanism to collect information about bias in the community so it can be proved and documented. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 5 Mr. Maaraba asked how commissioners could educate the community about the need to report incidents of bias? Mr. Rosenthal, from Jewish Community Action, suggested sponsoring community meetings and inviting people to learn about their rights and share additional stories. When it goes to City Council, experiences of people could be demonstrated. He felt that public meetings will provide people with a feeling that they had a right to come forward. This would also provide an opportunity for education. Mr. Polach suggested inviting a police liaison officer to help. Ms. Dualle noted there were a lot of good features about St. Louis Park such as the schools and good neighborhoods. Ms. Adan added that the hospital was excellent and most immigrants could not say enough good things about it. She felt that the schools and Health Care industry is steps ahead of communities in making immigrants feel welcome. The ESL programs contribute to this impression also. Mr. Polach suggested a forum would need to be sanctioned by community leaders and that the Human Rights Commission would be a good sponsor. Mr. Rosenthal stated community meetings could be done jointly with the HRC and Somali Action Alliance. Ms. Bulman offered to fill the Mayor in on some of the conversation from this meeting when she saw him next. Mr. Polach said there was a need to encourage Somali resident’s participation on city commissions. Ms. McDonell offered to hand out commission applications at the end of the meeting. Mr. Polach asked if there had been similar perceptions in Hopkins? Ms. Adan responded they had a large influx of immigrants at one time and had to figure out what to do. Ms. McDonell suggested that Hopkins police officers share their experiences in connecting to Somali residents with our city’s Police department. Mr. Armbrecht suggested he and Ms. Bulman be contacts for planning the forum. Mr. Rosenthal believed the discussion in the Latino community would be similar. He did not have as much contact with the Latino community. He felt that the national debate occurring with an anti-immigrant flavor make it more difficult to help people feel welcome in communities. After the guests attending the meeting left, commissioners determined more discussion and information gathering was needed through holding forums, as well as further research. Commissioners discussed the need to have more information about the reasons for traffic stops on Highway 7. They also recognized that the issues brought forward were not just about traffic stops but also about neighbors. Ms. McDonell suggested to commissioners that a perception of a high rate of traffic stops could be attributed to an aggressive enforcement program affecting all drivers on that roadway. St. Louis Park is well known in other areas of aggressive enforcement such as their inspection programs. Ms. McDonell suggested having the commission’s police liaison attend a future meeting to provide better information about police procedures on Highway 7. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 6 Ms. Bulman indicated she spoke with Linda Trummer, Director of Meadowbrook Collaborative, who informed her that the Hispanic and Somali immigrant communities living there were not afraid to contact police, were well organized and had a sense of safety and security. Ms. McDonell noted the Police Department is part of the Collaborative and has an outstanding liaison officer. The relationship was purposeful between the Police and that neighborhood. This partnership is a good example of where police partnerships help the community. Mr. Armbrecht suggested Ms. Trummer be invited to attend a commission meeting to discuss Meadowbrook. Ms. Bulman volunteered to invite Ms. Trummer to a future meeting. The Commission determined the Connecting and Supporting Minority Communities sub committee would work on organizing a forum inviting the Somali community to be tentatively scheduled for the date of July 18th which is the date of the commission’s regular monthly meeting. Ms. McDonell will look into reserving space at a local school building. Commissioners will discuss the plans again at the June meeting. Approval of April 18 commission meeting minutes. Ms. Bulman noted her name should be added to the connecting and supporting minority communities sub committee. The minutes of April 18, 2006 were approved as amended. Old Business - Children First Ice Cream Social Ms. McDonell indicated she would bring signs, brochures, buttons and applications. Commissioners agreed on a staffing schedule. The social is on Sunday May 20th at Wolfe Park. New Business – Budget and Parktacular Review of the commission budget for 2006 was not discussed due to lack of time. Ms. McDonell discussed how the Commission had participated in Parktacular in the past. Most commissioners were unavailable the weekend of Parktacular and therefore decided not to plan anything for this year. Commissioner Reports Mr. Armbrecht reported about speaking with the Rotary Club regarding immigration as requested by Councilmember Finkelstein. Ms. McDonell stated commissioner VanBuren (who was not in attendance) was looking into the alternative of an equal access policy. She talked with the Deputy City Manager, Nancy Gohman, who suggested a list of next steps to follow in researching this possibility. One step suggested researching other cities that had passed a policy instead of an ordinance. This list of next steps was emailed to Mr. Van Buren. Mr. Armbrecht felt it would be helpful to look at the policy book. He would email Commission Liaison officer Peek about getting a copy. Ms. Bulman stated Louisa Hext might be aware of other cities that had done policies and she would ask her. St. Louis Park Council Meeting Item: 080706 - 4g - Human Rights Commission Minutes May 2006 Page 7 Mr. Polach agreed to research what had been done in Hopkins. Committees There was no report from the community and youth education committee. Adjournment The meeting was adjourned at 9:01 p.m. Respectfully submitted, Amy L. Stegora-Peterson Recording Secretary And Martha McDonell Commission Staff Liaison St. Louis Park Council Meeting Item: 080706 - 4h- Human Rights Commission Minutes June 2006 Page 1 City of St. Louis Park Human Rights Commission June 20, 2006 Westwood Room, City Hall I. Call to Order Chair Maaraba called the meeting to order at 7:13 p.m. Present Commissioners: Karmit Bulman, Michael Cohn, Mindy London Greene, Ahmed Maaraba and Kristi Rudelius-Palmer Staff: Martha McDonell, Commission Liaison Guests: Judy Reiner, West Metro Liaison to the League of MN Human Rights Commissions; Amina Duale, Somali Action Alliance; Amira Ahmed, GMDCA; Genet Gebry; Amina Saleh; Hodan Hassan, Somali Action Alliance; and, Khadja Ali. A. Introductions B. Approval of Agenda Approval of the agenda was tabled because there was no quorum. C. Approval of Minutes of May 16, 2006 Approval of the minutes was tabled because there was no quorum. II. Commissioner and Committee Reports A. Individual commissioner and staff reports Mr. Cohn reported due to multiple commitments he was not able to devote as much time to the HRC. If Commissioners wanted him to step down, he would. It was the consensus of Commissioners present that Mr. Cohn remain a member of the commissioner and attend when possible. Ms. McDonell indicated there was still a vacant seat on the Commission and if there were more interested candidates, she would inform the Commission. Ms. Rudelius-Palmer indicated teacher training would be sponsored by the Human Rights Center at the University of MN will be July 11th and 12th on Human Rights education and “This is My Home.” If anyone knew teachers interested, let them know. A grant had been received from Education Minnesota to run professional development workshops for teachers statewide. They will be working with five different cities to bridge the link between Human Rights Commissions and Schools for Human Rights education. St. Louis Park Council Meeting Item: 080706 - 4h- Human Rights Commission Minutes June 2006 Page 2 B. Committee reports - Connecting and Supporting Minority Communities – See discussion under Old business - Community and Youth Education Ms. Bulman stated she attended the Bookmark in the Park meeting. They are reading The Middle of Everywhere by Mary Pipher, about immigrant experiences. Ms. McDonell noted the Mayor is sponsoring this community reading program and has asked Commissioners to become involved. Ms. Bulman updated the Commission about the meeting and distributed bookmarks listing suggested reading for different levels. Ms. Rudelius-Palmer added another project at the ELL Center was having students do interviews on immigrant experiences. Mr. Ahmed stated the ice cream social was held and many people stopped by the Commissions booth for information. III. New Business A. Showing of the Youth for Human Rights DVD – Judy Reiner Ms. Reiner supplied several handouts for the Commission library including: The book, “And don’t call me a racist!”, selected and arranged by Ella Mazel. Free copies can be obtained at www.ellamazel.org, Ph: 781-862-4521 or Fax: 781-862,4253. Address: Argonaut Press, 8 Lantern Ln, Lexington MA 02421. Ms. Reiner showed the Youth for Human Rights DVD’s, done by United, the Youth for Human Rights program started by Mary Shuttleworth. All Human Rights Commissions will receive a copy of the DVD’s to be played on local cable channels and at schools. What are Human Rights, are about the human rights articles that accompany the DVD’s, but are for children and can be supplied in multiple languages. Ms. McDonell would check with teachers regarding languages needed. Ms. Duale suggested Commissioners watch the movie called “The Letter” about immigration in Lewiston, Maine. Ms. Rudelius-Palmer stated one of the youth initiatives was to put on line or on cable shows videos that would encourage discussion. Ms. Duale reported on a project last summer where she attended county fairs. Some places people were very friendly, others she didn’t feel welcome at all. Mr. Cohn suggested the possibility of doing an article in the Sun Sailor about racism. Ms. Bulman believed it might be better to do the forum first. Ms. Rudelius-Palmer stated there is also a video that goes with “This is My Home”. St. Louis Park Council Meeting Item: 080706 - 4h- Human Rights Commission Minutes June 2006 Page 3 B. Sharing experiences of residents in the Meadowbrook Neighborhood Rescheduled IV. Old Business A. Planning for the July meeting with Somali residents Mr. Maaraba indicated the forum is tentatively scheduled for July 25th, but a location needed to be determined. He proposed an alternate date in the beginning of August to be flexible and work with everyone’s schedules and to find a location. Ms. McDonell noted the Mayor and City Council wanted to be involved, so they wanted to work with their schedules as well. She agreed to contact the City Council about the forum date. Ms. Duale would check the dates with the Somali Action Alliance. Ms. McDonell indicated she called the School District about possible locations and suggested they utilize the High School cafeteria, which was a larger meeting room. Ms. Ahmed suggested it be held somewhere (i.e. a park) that people would be able to bring their children, which was very important. Ms. McDonell noted when they held the Vision Town Summit at the high school, they paid the history group to provide daycare, which was very organized. She could research doing that for the forum. If the forum was held at the Central Community Center gym, they could hire a playground supervisor. Ms. Bulman stated she could ask her daughter and friends if they would be interested in doing childcare as well. Ms. Rudelius-Palmer noted there is human rights curriculum with games for kids that they could use. Central Community Center may be a good location because people were familiar with it from ELL classes. Recap: Ms. McDonell – contacting high school about meeting in the gym and if they have daycare. She would also check into Central Community Center and Lennox as potential locations. Chair Maaraba will contact Mr. Rosenthal regarding the date. Ms. Duale will advertise to Somali residents. Ms. Bulman commented the Mayor would also like the Police Advisory Commission, a citizen advisory committee, to be invited. The Commission and guests discussed having members of the Police Department attend the forum. The guests believed they should begin building a relationship with the Somali community before trying to do too much and build trust. It was important for Police Administration to know what was happening. St. Louis Park Council Meeting Item: 080706 - 4h- Human Rights Commission Minutes June 2006 Page 4 Ms. McDonnell asked if it would be a good idea to have a meeting with the Police Chief prior to the forum to discuss it and some of the issues? Ms. Ahmed believed the forum was a good first step. Ms. Duale indicated she had been contacting Somali residents by telephone to inform them of the forum and the potential date and believed the issue was the separation ordinance. Ms. McDonell clarified the forum could not be based on a separation ordinance, which was not on the Commission’s work plan. She felt they wanted to get an understanding on what people’s experience and what the issues were. Ms. Bulman stated questions would be geared toward discussing resident experiences living in St. Louis Park, if it was safe, etc. Mr. Maaraba added the goal of the forum was to share experiences and to hear from more people, the good and the bad. Ms. Bulman felt it was important for the forum to be a safe place for people to tell their story and be educational. Ms. Ali stated there was the potential for people to bring up the ordinance and related issues as well as negative experiences. Ms. Bulman suggested questions be put together prior to the forum. Ms. McDonell agreed they would need to have a formal facilitation of the discussion. They need to hear what would help and what the Commission, Police or City Council could do to create a change. This community prides itself on citizen participation and it would be good for the relationship to have the City Council and Police Chief attend and listen to residents. Mayor Jacobs joined the meeting and indicated he would be able to attend the forum on July 25th and had relayed the information to the City Council. He was very interested in hearing what residents had to say. Ms. Rudelius-Palmer stated they needed to be sure it was trust based and there should be structure so they are able to hear stories and facilitate it to get action pieces and ideas for improving. Ms. Ahmed suggested the topic be, How can we work together, which may minimize negativity and build a stronger connection. Ms. Bulman felt the ultimate goal would be to make St. Louis Park a more welcoming and safer community and how to address the issues and concerns brought forward. Ms. McDonell stated they needed to plan the agenda, how it would be facilitated and create questions and she would contact Ms. Duale, Ms. Ahmed and Mr. Abdi. Ms. Bulman noted the sub committee had created a list of questions. Mr. Maaraba suggested the sub committee also work with Ms. McDonell. Mayor Jacobs suggested the Police Advisory Commission be invited to attend. Ms. McDonell noted City Council, Police Administration and the Police Advisory Commission would all be invited. St. Louis Park Council Meeting Item: 080706 - 4h- Human Rights Commission Minutes June 2006 Page 5 Ms. Duale indicated she would continue contacting residents and the Somali Action Alliance would also send out a flyer. B. Immigration/Equal Access – Update on next steps to take into consideration for a policy Discussion tabled to the next meeting V. Set Agenda for Next Meeting * Immigration/Equal Access – Update on next steps to take into consideration for a policy * Sharing experiences of residents in the Meadowbrook Neighborhood VI. Adjournment The meeting was adjourned at 8:48 p.m. Respectfully submitted, Amy L. Stegora-Peterson Recording Secretary St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 21, 2006--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Jerry Timian STAFF PRESENT: Meg McMonigal, Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of June 7, 2006 Commissioner Kramer made a motion to approve the minutes of June 7, 2006. The motion passed on a vote of 5-0. Commissioner Person arrived at 6:05 p.m. 3. Hearings A. Village in the Park Phase II - Preliminary Planned Unit Development and Preliminary Plat Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-77-PUD and 05-78-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He remarked on preliminary plantings shown along Wooddale and 36th, explaining that the City is currently studying streetscape designs for 36th Street and Wooddale Ave. He said the developer has agreed to construct landscape and street improvements along both of those streets in accordance with the approved plans. Mr. Morrison said the City is studying public art along 36th Street which includes the southeast corner of 36th Street W. and Wooddale Ave. as a featured location. Mr. Morrison discussed setbacks along 36th Street, comparing them to Village in the Park Phase I, Hoigaards Village, and Excelsior and Grand. Mr. Morrison said the parking evaluation for the site was given considerable study. He discussed PUD modifications for parking at some length. Minimum required is 239 spaces and the developer proposes 145 spaces. Staff has found that mixed use St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 2 developments typically do not need as much parking as is required by formula because there is a little bit of shared parking going on. He commented on the parking study conducted by Walker Parking Consultants. He said staff has found parking to be tight, but sufficient as a short term condition until the transit station across the street is constructed which will include public parking. Also, the Elmwood Study anticipates that a second parking ramp could be constructed behind Village II. He remarked on the area developing as more transit oriented in the future. He said staff is recommending that the commercial space be modified to provide direct access to the sidewalk along 36th Street. Staff is also recommending that the building design along 36th Street be enhanced to provide greater presence at the intersection. The ground floor lobby should provide access from the plaza to parking behind. The commercial façade needs additional treatment to draw the commercial space out from the residential area. He mentioned that staff also recommends the trash handling areas be contained within the building. Commissioner Kramer asked for more information about the retail space. Specifically he was interested in the potential for businesses which would contribute to creating a pedestrian, neighborhood feeling. He said he would be looking for smaller shops and neighborhood retailers as opposed to larger, national chains. Mr. Morrison said staff believes a coffee shop with an outdoor plaza would be a good fit. Meg McMonigal, Planning and Zoning Supervisor, said typical retail space is 20 x 60 ft. The Elmwood building is 70 feet deep. If a corridor is put down the middle, then the spaces are not the typical retail depth. Staff wants the developer to look at accessing the retail from the exterior rather than through an interior corridor, and thus the recommended architectural changes. Commissioner Robertson said residential on the main floor of a busy intersection doesn’t seem like mixed-use. He said if the whole outside perimeter was retail face, it would be more inviting and successful. A larger number of shops rather than 2-3 would be more inviting. He said the development falls a little short of what was envisioned in the Elmwood Study in that it is not all retail on the lower floor. Mr. Morrison commented that Phase I is all residential on the Wooddale side. The residential appearance is maintained on the east side whereas 36th Street is seen more as the commercial street. He said mixed-use district requires a minimum of 50% of the ground floor to be non-residential. Commissioner Person asked about city policy regarding the level of developer contribution towards public art. Ms. McMonigal responded that there is not a specific policy for that. Typically it has been negotiated as part of a Planned Unit Development. Chair Carper asked how developer contribution towards public art might be more formalized. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 3 Ms. McMonigal stated that it is formalized in the Zoning Ordinance under the PUD section. She said she didn’t believe the city currently is allowed to require public art. There are only certain fees which can be required with developments and subdivisions, and public art is not one of them. Commissioner Johnston-Madison said she was concerned about the parking shortage. She said the City has learned some lessons from Excelsior and Grand. She thinks the parking shortage, though hoped to be temporary, will invite future problems. She said she didn’t want to leave that kind of legacy for that neighborhood. It will affect other areas, including the residential area off of Wooddale. She asked Mr. Morrison to run through the parking numbers again. Mr. Morrison reviewed the parking evaluation. Commissioner Person said there are nine parking spaces in the right-of-way at 36th St. in a bump-out. He suggested that those be assigned for short term parking, possibly even with parking meters. Mr. Morrison responded that has been discussed and it is a very likely possibility. Commissioner Person talked about minimal bus service in the area. As the density becomes greater, discussions should be held about increasing the service to the area. Mr. Morrison said the City has been talking with Metro Transit about future development, improving transit and encouraging use in St. Louis Park. Commissioner Johnston-Madison said she is still very concerned about the lack of parking. Commissioner Morris noted corrections that should be made to preliminary plat drawings. Commissioner Kramer requested that the developer enhance Luggage World’s parking area by signage, so that Luggage World has some parking protection. Commissioner Person commented that the project is totally surrounded by public right- of-way. He asked who is responsible for maintenance. Mr. Morrison said the property owner will be responsible for the plowing of the section of Yosemite and 37th on the south. The streetscape amenities along 37th and Wooddale will be maintained by the property owner. Chair Carper asked about parking across the street. Mr. Morrison responded there are approximately 100 spaces. The lots are owned by the City. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 4 Commissioner Johnston-Madison spoke about the conclusions of the traffic study found in the appendix and the 50% reduction calculations. She highly recommends that the City Council take a very close look at the reduction. Commissioner Kramer asked about the terminology for senior only condo. Mr. Morrison said he believes sales will be limited to 55 and older; similar to one of the buildings in Village in the Park Phase I. Commissioner Kramer asked how realistic it is to expect any age group to cross a fairly wide and busy street. He asked if it practical. He asked if people will be able to get around the small business area. Mr. Morrison said this is being evaluated in the streetscape design also. There is a stop light at the intersection and the ability to enhance the crosswalk. Ms. McMonigal said underground parking would be limited to residents in the building, at slightly over 1 space/unit. Exterior parking would be for guests and retail. The city- owned parking lot across the street is the only place nearby for extra parking. Tim Whitten, Executive V.P., Rottlund Company, said Village in the Park Phase I has been a very successful project. He said 55+ has marketed well. 70% of occupants are St. Louis Park residents. They have a waiting list of interested people. They are very confident about the residential component of Village in the Park Phase II. Parking and the commercial component have been challenging areas. They have been working with staff for quite a long time to reach a comfort level on these areas. Mr. Whitten said mixed use is a challenge. He said they’ve received more interest from the office market than the commercial market, which might be less stressful for parking. They are comfortable with the traffic study. They believe the parking numbers work due to the 55+ population without the parking demands and probably more of an office use than a retail use. The developer is not looking for high intensity uses. Commissioner Morris asked about designated bicycle parking which was included in the parking reduction calculations. Theresa Greenfield, Director of Land Development, Rottlund Homes/David Bernard Builders, said they’ve been working with the City on 36th St. streetscape plans and they envision bicycle parking to be along 36th Street. Commissioner Morris asked about resident bicycle parking. Ms. Greenfield said they will take a look at that. She mentioned bicycle parking location in the DORA area. Commissioner Morris said bicycle parking shouldn’t be in the DORA as it conflicts with the square footage set aside for DORA. He recommended that bicycle parking become designated prior to approval of the Final PUD since the applicant is getting a 5% parking reduction for having bicycle parking. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 5 Ms. McMonigal said that other condo buildings often have bicycle parking underground. Commissioner Kramer asked if there is a back-up plan regarding the commercial space. Mr. Whitten said they need to continue working towards getting the tenants they want. Commissioner Robertson said Mr. Whitten said the commercial area would probably be a three tenant commercial area. He suggested if there was space for 5-6 it might be less intimidating. If it was retail that could support both office workers and residential it might be more inviting for commercial all the way around if there was a little bit more space available. Mr. Whitten commented that it seems to be a logical place for retail but that’s not what their research tells them. Mr. Whitten said they are not concerned about what the opportunities are 5-10 years from now. They are pretty confident that is going to happen. It is more about how do they get there? They need to figure out the best path. Chair Carper asked about City specifications for the drive circle. Ms. McMonigal said City engineers usually review the arc of the circle and canopy heights. Commissioner Robertson said most architects use standard specifications and formulas for drive circles. Chair Carper opened the public hearing. As there was no one present wishing to speak, the Chair closed the public hearing. Commissioner Robertson said he likes the development. He said he agrees with staff that the commercial area needs to be more defined architecturally. He said the whole side of Wooddale being the backside of residential units falls short of plans for livening up this corridor. He commented that LRT is 10 years away. No one is even talking about the SW corridor yet. He said even with the parking as it is it seems like commercial could be very difficult in the early years. Commissioner Robertson stated that the whole idea of the Elmwood Study was long range planning—where do we want to be 20 years from now. He said he’d like to see the lower floor open back up to commercial. He doesn’t know how to help the developer make that work. He said he thinks the parking reductions are too large. He’s not comfortable with the parking reductions on a number of levels. Commissioner Morris said he agreed with Commissioner Robertson. He said what is being proposed is a functional design. He would have liked to see the project mirror the opposite side of the street. Rowhouses would have been nice. He said he wants to go forward, though there are a lot of gray areas such as parking, bicycles, and the back side of the development being on Wooddale. He would like to see it developed and St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 6 integrated into the whole Wooddale streetscape without being an obvious detriment. Ideally there should be a beautiful front entrance feature along Wooddale. Commissioner Kramer said he is concerned about ground floor apartments on one side. If office is going to be built southeast of the development, he doesn’t see how building more office in this development will add anything to the vitality of the neighborhood. He’d like to see a lot of small shops. National retail chains won’t add much to the pulse of a neighborhood. Commissioner Johnston-Madison said she is concerned that the parking situation is presented more favorable than it really is. She asked for the facts concerning the parking. The parking ramps won’t be there for 10 years. Commissioner Johnston-Madison asked for some background on the process. Mr. Morrison stated that staff and the developer have spent about six months on analysis and discussion in trying to address the parking and envision what it will be like for the next 10 years. Staff feels the municipal lot across the street will provide 120 spaces which will help with the overflow. The Elmwood Study asks a lot of the site. It calls out for high density and mixed-use retail. Ms. McMonigal added that lengthy discussion has occurred, and many calculations have been done. She said no one wants the retail to fail due to lack of parking. The parking study done by Walker Parking Consultants gave more comfort that the parking shortage wouldn’t be quite as severe as staff expected. Commissioner Johnston-Madison asked if consideration had been given to changing the development from mixed-use to condos. Ms. McMonigal responded that has been discussed. It would entail changing the Comprehensive Plan and zoning, revisiting the Elmwood Study and working with the neighborhood on that. She believes that looking at a change of uses would necessitate reopening the whole discussion of whether residential is appropriate at the site. A change opens it up to every use. Mr. Whitten said that Rottlund/David Bernard Builders has been trying to find balance and the best compromise. He said to go to just one use would be a struggle. He said staff has been outstanding in discussions to come up with the best solutions. Commissioner Kramer said he thinks there ought to be a solution that works for everyone. Commissioner Robertson said the project fits very well on the site. A smaller building wouldn’t take advantage of the site. It’s a nice location and a problematic location which makes it interesting. He commented that nothing is forever. In 10 years if the demand is for more retail in the area, and there are more parking structures and LRT, he could see the ground floor condos being converted to retail. The market does drive things like that. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 7 He wants to see the project move forward and supports it. He acknowledges that it is a tough site. Commissioner Johnston-Madison said she was initially cautious but after hearing how much time staff and the developer spent on this she wants to see something move forward and she will support the request. Chair Carper said he is concerned about parking and wants the project to move forward. Commissioner Kramer asked for assurance that residents will have parking available to them without having to cross the street. Mr. Whitten said that in Village in the Park Phase I senior housing across the street the developer has direct experience in providing parking. They included 1 parking space with every purchase and .3 additional parking spaces available for residents to purchase. All have been satisfied. Commissioner Robertson made a motion recommending approval of the preliminary Planned Unit Development and preliminary Plat for Elmwood Village 2nd Addition subject to conditions recommended by staff. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. B. Highway 7 Corporate Center - Conditional Use Permit to allow more than 50% office use and Variances Location: 7003 Lake Street Applicant: CPE Exchange (Paul Hyde) Case Nos.: 06-47-CUP and 06-48-VAR Sean Walther, Senior Planner, presented the staff report. Mr. Walther said staff has suggested that the painted concrete panels proposed on the north and west sides of the building be changed to an integral color concrete. The applicant will address their concerns about appearance and the manufacturer’s recommendation. Chair Carper asked Mr. Walther to illustrate what would have been done if the landscaping had been done in a normal fashion. Mr. Walther said the design wouldn’t necessarily need to change, but generally what would be required is that the areas shown as concrete islands would be replaced with landscaped islands. It would be curbed and the open area between would be landscaping of trees and shrubbery. Chair Carper said if landscaping typically provides shade and divisions, why couldn’t the proposal include a solid canopy, shelter or concrete planters rather than raised concrete islands. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 8 Mr. Walther said the idea of a structure hasn’t been explored. He assumed that would be an issue of expense. A structure would provide some shade to vehicles. He explained that shade is also a requirement to reduce the heat island effect that comes from projects and aesthetically to break up a larger parking area. Though planters would be useful aesthetically, the applicant wouldn’t be able to meet the number of plant units required with a planter. A variance would still be needed even if planters were used. Chair Carper said perhaps the goal could be accommodated a little bit better rather than just waiving the requirement. He asked if there was a cash in lieu payment? Mr. Walther stated that the project has a huge public benefit. The City, Hennepin County and State support the pollution clean up. Cash in lieu payments relate specifically to the tree replacement ordinance. The applicant is providing enough landscaping on the perimeter to meet the requirement of tree replacement on the site. Mr. Walther said conditions can be added regarding design correction or a way to limit the impact of a variance. The applicant has made strides to provide landscaping to areas most visible off site, such as Highway 7. The south lot is more hidden and because of the constraints with the soil on the site, landscaping is not being proposed there. Commissioner Person asked if contaminated soil at some of the proposed concrete island areas could be removed and replaced with non-contaminated soil for planting. Paul Hyde, Real Estate Recycling, said they have spent three years learning how to clean up the site. The cost to export polluted soil is so dramatically more expensive because it has to be excavated, treated, hauled to a land fill, and a tipping fee paid. Bringing back clean fill is more than double the cost of treating the soil on site and capping it. He discussed constraints regarding level of groundwater, utility corridors, volumes and space on the south side of the project. Commissioner Kramer asked if green space can be placed on top of a building why can’t a green space be placed on top of this parking lot. Mr. Walther discussed the economics of the large upfront cost for a green roof which provides an eventual payback of reduced energy costs. He suggested that in this development the cost would not bear out due to the level required to provide some sort of other cap on the site and still provide the landscaping volume needed. Commissioner Morris asked about the distribution of pollution on the site. Mr. Walther responded that the south lot is more polluted and that there are several concentrated spots on the site. Commissioner Morris asked why the City Engineer recommends that sidewalk be included on Monitor Street and planning staff recommends a variance for that requirement. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 9 Mr. Walther said a very long stretch of retaining wall would be entailed to provide a sidewalk, so it is a physical design and cost issue. Staff looked at the context and the fact that it is a dead end. Commissioner Morris asked if the sidewalk variance is granted, is it granted only for this development, or as circumstances change can the City have sidewalk installed later. Ms. McMonigal answered that the sidewalk requirement goes with the platting. She said the City could always go back and install sidewalk, the question might be who would be paying for it. She said during a site visit she and the City Engineer looked at the grades and discussed the reasons why a sidewalk would be very difficult in this area. The City Engineer was in agreement. Mr. Hyde complimented Community Development Dept. staff on their patience and expertise on this project. He discussed staff’s request for an integral color treatment on the pre-cast concrete panels. He said the manufacturer said the result will be splotchy because of the way concrete cures. It will look spotted. He said Real Estate Recycling is concerned that it will be unattractive and they would prefer painting the building to get the look they desire. Commissioner Robertson asked who the panel manufacturer is. Mr. Hyde said the manufacturer is FabCom. Chair Carper opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson said he has no problem with the application except for the landscape variance. He said he agrees with granting a variance of some sort but the request for reduction is very large. With all the money they are saving by not putting in a retaining wall and sidewalk they could be creative and get a little closer to more green with raised planters, etc. He could approve a variance for half the requirement. He said by experience he is familiar with the developer’s concern about integral color for concrete panels. He is comfortable with the developer’s request to paint the concrete. Commissioner Morris said he didn’t know how the Commission would make a decision on landscaping percentages. He said comments had been made about planting trees above ground using structured soils and sufficient planter girth. A possible recommendation might be that staff and the developer look at some creative ideas for adding more green to the space rather than the 90% reduction. Commissioner Morris made a motion to recommend approval of the Conditional Use Permit to allow more than 50% office use in the IP Industrial Park District, subject to conditions. Commissioner Robertson seconded the motion. Commissioners Morris and Robertson agreed to amend the motion to remove the condition regarding integral color treatment of concrete panels. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 080706 - 4i - Planning Commission Minutes Of June 21, 2006 Page 10 Commissioner Morris made a motion to recommend approval of sidewalk and front yard setback variances. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. Commissioner Morris made a motion to recommend approval of the landscape variance subject to the Commission’s recommendation that City staff work with the developer to decrease the variance amount and increase planting by looking at creative solutions and methods that could improve the landscaping. Commissioner Robertson seconded the motion. The motion passed on a vote of 6-0. 4. Other Business Commissioner Robertson discussed the potential moratorium on lot splits. He said it would be nice to have an opportunity for the Commission to provide the Council with feedback on the moratorium. He said he is opposed to a moratorium. Ms. McMonigal said first reading of an interim ordinance has been tabled for discussion by Council on June 26th. She discussed the potential timeframe for an interim ordinance. Commissioners discussed the moratorium. Commissioner Morris mentioned that Commissioners are being asked to volunteer for Vision Action Teams. This will be on the Planning Commission’s next agenda. Commissioner Johnston-Madison asked staff to comment on Vision and the Comp Plan. Ms. McMonigal stated that the Vision is very broad and staff has discussed a Comp Plan chapter related to the Vision. 5. Communications A. BOZA agendas May 25, 2006 and June 22, 2006 6. Adjournment The meeting was adjourned at 8:35 p.m. Respectfully submitted, Nancy Sells Administrative Secretary St. Louis Park Council Meeting Item: 080706 - 8a - Citywide Wireless Internet Authorization To Request Bids Page 1 8a. Citywide Wireless Internet Authorization to Request Bids Recommended Action: Motion to adopt the attached resolution authorizing staff to request bids for design, purchase, and implementation of a citywide wireless Internet network, with Council reserving the right to reject any and all bids should Council determine they do not meet financial or performance goals, or for any other reason Council may determine is in the best interest of the City. PURPOSE OF DISCUSSION: At its November 21 meeting, the City Council adopted a resolution authorizing staff to proceed with a pilot project for wireless high-speed Internet service with the intention of subsequently establishing a citywide wireless high-speed Internet service unless the results of the pilot study suggest that it is unadvisable to proceed further. That pilot project has been implemented and continues in operation in four areas of the city. Council received detailed updates on the pilot project at its July 10 and 17 study sessions. Based on directions provided at the July study sessions, the purpose of this report is to request Council authorization to request bids for purchase and installation of a citywide wireless Internet system. Because we will not completely know the cost side of the project until we receive bids, staff recommends that no commitment be made to a citywide project at this time. Staff feels there is significant interest in this project and that subscription rates are achievable. However, staff is also concerned that subscriber fees may be unable to cover 100% of project capital and operational costs. Staff’s best estimate is that annually, retail subscriber fees would fall approximately $55,000 short of costs. That is, over the life of the 5-year project, the deficit is estimated to be $273,000. Total capital costs are estimated to be $4.5 million and total operational costs are estimated to be $7.2 million. This estimate assumes no use or benefits of the citywide wireless system for public safety, public services, education, or other community-wide purposes. BACKGROUND: On July 17, staff shared several overall pilot project conclusions with Council. While it appears much has been successful about the pilot wireless project, it is also the case that we have faced some challenges and learned much throughout the pilot. Summary conclusions suggest: • There are indicators of strong interest in citywide wireless Internet service, arguably sufficient to meet subscriber projections. • The pilot project suggests the need for strong and frequent subscriber support -- some based on the technology, some based on the subscriber learning curve. Unplugged Cities is prepared to commit its own staff for the help desk function should a citywide project be approved. • The current network vendor, Tropos, is attempting to address technical concerns raised throughout the pilot. • The projected cost and number of wireless access points have increased, and may vary across vendors. • The cost of the most successful subscriber bridge in the pilot is higher than the current business model supports. St. Louis Park Council Meeting Item: 080706 - 8a - Citywide Wireless Internet Authorization To Request Bids Page 2 • The wireless network industry has matured even since the pilot was approved last November. Tropos is a leading vendor of wireless networks. Additional vendors have also made strides in the market and put communitywide installations in place. There are more alternatives to explore to compare performance and costs of wireless access points and bridges. • Completion of the fiber optic backbone is a significant portion of the capital investment, projected at over $1 million. RECOMMENDATIONS: At its July 17 study session, staff presented several options to the City Council: 1. Council may direct that the pilot wireless service be shut down, with appropriate notice to subscribers and the community. 2. Council may continue the pilot without additional action while waiting for changes in the wireless environment (this has on-going pilot service operational costs). 3. The City Council could direct staff to move forward on implementation of a citywide wireless service without further deliberations. Given the above described project conclusions – especially interest in the project as well as some unknown costs – staff recommended that Council exercise a fourth option: take the prudent step of gathering information on current costs and options for wireless networks. Thus, it was recommended Council authorize staff to develop and issue a Request for Bids for a citywide wireless network to determine if currently projected costs are realistic. Significant cost and performance factors include wireless access points, wireless bridges, on-going support, and the fiber optic network. Bid specifications and alternates would be even more stringent than for the pilot based on the both the pilot experience and industry advancements. If the cost projections are not realistic, Council has the right to reject bids. While acquiring 36% of households and 15% of business subscribers will require significant effort, that effort is accounted for in the business model and still seems achievable based on survey results, experience in other cities, and pilot data. This would require an extension of the pilot through October. Financing the continued operation of the pilot as well as developing citywide bid specifications and pre-bid qualifications, conducting site visits, and developing final recommendations to Council is anticipated to cost just under $50,000. This continued due diligence both keeps us moving forward and mitigates some financial risks by creating more known factors in the business and technical model. Staff is recommending transferring $50,000 from the Permanent Improvement Revolving (PIR) Fund to the Wireless Enterprise Fund to continue the pilot and complete the bid process. If wireless services are implemented on a city-wide basis, then the PIR fund would be reimbursed and a loan would be created between the EDA Development Fund and the Wireless Enterprise Fund. If the Council decides that wireless services will not go city-wide, then the transfer of funds will be considered a principal reduction of the PIR Fund. This transfer matches the process used for the original pilot wireless project. It is recommended Council adopt the attached resolution authorizing issuance of a request for bids for design, purchase, and implementation of a citywide wireless Internet network. Attachments: Resolution Prepared By: Clint Pires, Director of Technology and Support Services Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 080706 - 8a - Citywide Wireless Internet Authorization To Request Bids Page 3 RESOLUTION NO. 06-124 RESOLUTION AUTHORIZING ISSUANCE OF REQUEST FOR BIDS FOR A CITYWIDE WIRELESS HIGH SPEED INTERNET NETWORK THROUGH A PRIVATE – PUBLIC PARTNERSHIP WHEREAS, the City Council directed study of wireless high-speed Internet service beginning in November 2004, and WHEREAS, the City Council has considered several questions around current Internet service in St. Louis Park including availability, choice, cost, and mobility / portability, and WHEREAS, the City Council directed informal community interest surveys to help inform the study of wireless high-speed Internet service, and WHEREAS, the City Council directed the conduct of and participated in a due diligence process including a formal study to determine technical, market, and financial feasibility of wireless high-speed Internet service, and WHEREAS, the City Council directed and staff engaged in many methods of public process to gather input from all communities of interest on the need for, concerns about, support for, and opposition to the concept of a City role in ensuring the availability of competitively priced wireless high-speed Internet service, and WHEREAS, the City Council directed as part of the due diligence process study of legal powers of the City to play a role in ensuring the availability of competitively priced wireless high-speed Internet service, and WHEREAS, results of the technical, market, financial feasibility, and other studies and processes mentioned above indicate the potential viability of wireless high-speed Internet service through use of a private – public partnership model, and WHEREAS, results of the technical, market, financial feasibility, and other studies and processes mentioned above suggest use of a private – public partnership model would maximize the community benefit from wireless high-speed Internet service through each partner exercising its own respective technical, marketing, operational, and branding strengths, and WHEREAS, the City Council has given due consideration to results of the technical, market, financial feasibility, and other studies and processes including those mentioned above, and in addition considered public policy questions including the essentiality of available and competitively priced high-speed Internet service to all members of the residential, business, private, and non-profit communities and for the provision of effective and efficient municipal and educational services, and WHEREAS, the City Council directed implementation of a pilot wireless project on November 21, 2005, and St. Louis Park Council Meeting Item: 080706 - 8a - Citywide Wireless Internet Authorization To Request Bids Page 4 WHEREAS, the City Council has reviewed technical, market, financial feasibility results of the pilot wireless project and considered other factors germane to the wireless industry, and WHEREAS, the community of St. Louis Park competes with other cities throughout Minnesota and the Untied States for a wide variety of participating residents, businesses, families and students, and institutions to support and enhance the community’s quality of life, and WHEREAS, St. Louis Park strives to be a community of choice for a lifetime and a Children First community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that: 1. The appropriate City officials are hereby authorized and directed to develop and issue a request for bids to cause the design, purchase, and implementation of a citywide wireless high-speed Internet network through use of a private – public partnership model. 2. The appropriate City officials are hereby authorized and directed to integrate into the design and implementation of said network appropriate components of the pilot wireless high-speed Internet service. 3. The appropriate City officials are hereby authorized to expend up to $50,000 net through a transfer funds from the Permanent Improvement Revolving Fund, similar to similar action taken for the original pilot wireless project. 4. That said design and implementation of a citywide wireless high-speed Internet network will not occur if the City Council determines policy considerations or results of the request for bid process reflect a likely chance of failure or other undesirable outcomes. 5. The appropriate City officials are hereby authorized and directed to consider partnerships as appropriate with other appropriate public, private and non-profit agencies, as well as possible exit strategies, in considering the design and implementation of a citywide wireless high-speed Internet network and service. 6. The appropriate City officials are hereby authorized and directed to report back to the City Council results of the above steps at an appropriate time in October of 2006. Reviewed for Administration: Adopted by the City Council August 7, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 080706 - 8b - Discussion - 36th Street Streetscape & Public Art Page 1 8b. West 36th Streetscape & Public Art Discussion PURPOSE OF DISCUSSION: Staff and consultants will present concepts and report progress on the West 36th Streetscape and Public Art projects. This is an opportunity for the City Council to respond to the work and progress to date. BACKGOUND: The West 36th Streetscape and Public Art efforts will help design and coordinate public realm improvements that complement both the existing neighborhood and redevelopment projects underway. The goal is to create a better pedestrian environment and image for this area. Streetscape The City is working with Mike McGarvey, ASLA, of SRF Consulting Group, Inc. on the streetscape plan. SRF’s charge has been to create a unique identity for the stretch of 36th Street between Wooddale and Highway 100 that also has shared elements (i.e. street poles) with Excelsior Boulevard and Excelsior & Grand to have some consistency citywide for context and maintenance purposes. SRF will produce two plans, one the City can implemented with existing conditions (interim plan), and one that “completes” the streetscape vision as additional properties redevelop along the corridor (final plan). SRF has participated in the Public Art meetings and developed the current streetscape concept based on input from City Planning, Parks and Public Works staff. As the process moves forward, we are preparing to meet with Elmwood residents, area businesses and property owners, Park and Recreation Advisory Commission, and Planning Commission. Public Art Jack Becker, Executive Director of FORECAST Public Artworks, is facilitating the planning for public art opportunities along the 36th Street corridor. A group comprised of neighborhood representatives, city staff, artists, Friends of the Arts representatives, and developer representatives are helping identify desired outcomes, critical issues, thematic approaches, and opportunities. Mr. Becker has also met with developers, including Rottlund Homes and Dunbar Development, and city staff to obtain additional input. Mr. Becker will show the potential sites and opportunities identified thus far during the process. He will produce a final list of criteria, goals and locations based on input from the City Council, and staff will bring them back for further City Council review and approval. Staff proposes selecting an artist(s) using a similar selection process as was used for the projects at Louisiana Oaks Park, the Allegory of Excelsior, and the art in the park shelter buildings. Attachments: Public Art Planning Committee Findings Streetscape Exhibits (supplements) Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Cindy Walsh, Parks and Recreation Director Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 080706 - 8b - Discussion - 36th Street Streetscape & Public Art Page 2 Public Art Planning Committee Findings Based on input from the West 36th Street Planning committee, the following priorities and criteria were determined: 1. Public art should relate to the pedestrian, as well as the motorists, given the fact that increases in pedestrian traffic will likely result from the increased housing developments along the corridor. 2. The art should contribute to helping create a sense of place, with art that is integrated into the streetscape as well as discreet objects or temporary installations. 3. St. Louis Park residents, including children, should be given an opportunity to participate in the process, and the end results should include works that are fun or interactive. 4. An overall theme of “connection” was recommended, focusing on several topics:  Nature (connect human nature, seasonal change, trees and growth)  History (connect past, present and future—including old railroad and trolley, lilac way and Hoigaard’s chimney, slated for demolition)  Diversity (connect individuals of different ages, ethnic cultures, economic groups)  Geography (connect with Elmwood neighborhood, bridge over Hwy. 100, and connect to Excelsior & Grand area) 5. Priority sites were identified for both temporary and permanent art projects (see map and digital images of current locations): 6. The bridge over Highway 100, with it’s chain link fencing and jersey barriers, is an eye-sore and needs aesthetic treatment (this could be in the form of temporary installations that attach to the fencing surface, or some type of color scheme applied to the surfaces, visible from both the street and from Hwy. 100). With encouragement from the committee, FORECAST has submitted a request to the City’s new Arts & Culture Grant Program in support of a bridge project. 7. Other temporary projects could include the construction fencing surrounding the planned development projects, possibly engaging young people in the community. 8. Take advantage of streetscape improvements planned by replacing standard catalog-variety versions of benches, trash receptacles, bike racks, paving patterns, tree grates, and light pole banners with artist-designed alternatives.