HomeMy WebLinkAbout2006/09/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
September 5, 2006
7:30 PM
7:00 p.m. Board and Commission Interview
7:20 p.m. Economic Development Authority Meeting
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
3. Approval of Minutes
3a. Study Session Minutes of August 14, 2006
3b. City Council Minutes of August 21, 2006
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to
move items from consent calendar to regular agenda for discussion and to
approve those items remaining on the consent calendar).
5. Boards and Commissions
6. Public Hearings
6a. Public Hearing to consider granting an off-sale 3.2 percent malt liquor
license to Target Corporation, DBA Target Store T-2189, 8900 Hwy 7, St.
Louis Park, MN
Recommended
Action:
Mayor to close the public hearing. Motion to approve an off-
sale 3.2 percent malt liquor license for Target Corporation,
DBA Target Store T-2189, located at 8900 Hwy 7.
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Inglewood Condominiums – Conditional Use Permit and Variances
Location: 3125 Inglewood Avenue South
Case No.: 06-44-06 & 06-45-VAR
Recommended
Action:
• Motion to adopt resolution approving a Conditional Use
Permit for Inglewood Condominiums, subject to conditions
as recommended by Staff.
• Motion to adopt resolution approving side and rear setback
variances for Inglewood Condominiums.
8b. Approve preliminary property tax levy and budget for the 2007 fiscal year,
set Truth-in-Taxation Public Hearing and continuation dates, and approve
HRA levy for taxes payable in 2007
Resolution approving the preliminary property tax levy and budget is required by
Truth in Taxation legislation. Information contained in the resolution will appear
on the individual tax notices prepared by the County.
Recommended
Action:
Motion to adopt resolution establishing the preliminary tax levy
and budget for 2007, set public hearing and continuation dates
for proposed budget and property tax levy, and approve
preliminary HRA levy for taxes payable in 2007.
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 SEPTEMBER 5, 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 Resolution Authorizing Award of the 2006 St. Louis Park Arts
and Culture Grants.
4b. Resolution Final Payment 38-05 Ron Kassa Construction Curb Ramps
4c. Resolution Final Payment 91-05 Park Construction Cedar Lake Train Connection
4d. Resolution Final Payment 39-06 Concrete Idea Alley Paving Ottawa/Princeton
4e. Traffic Study No. 599: Motion to adopt the attached resolution authorizing the
installation of “No Parking” restrictions on the east side of Raleigh Avenue from
Minnetonka Boulevard to 75 feet north
4f. Motion to adopt a resolution giving approval for Final Plat of Park Assembly of
God First Addition.
‘4g. Motion to approve an amendment to the Special Permit to allow a façade change to
the existing TGI Friday’s building at 5875 Wayzata Boulevard.
4h. Motion to approve Human Rights Commission Minutes of May 16, 2006
4i. Motion to approve Human Rights Commission Minutes of July 18, 2006
4j. Motion to approve Vendor Claims for Filing (supplement)
St. Louis Park Council Meeting
Item: 090506 - 3a - Approval Of Study Session Minutes Of August 14, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
August 14, 2006
The meeting convened at 6:35 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan
Sanger, and Mayor Jeff Jacobs.
Councilmember C. Paul Carver was absent.
Staff present: City Manager (Mr. Harmening); Community Development Director (Mr. Locke);
Planning and Zoning Supervisor (Ms. McMonigal); Director of Parks and Recreation (Ms.
Walsh); Finance Director (Mr. DeJong); Housing Program Coordinator (Ms. Larsen); Housing
Supervisor (Ms. Schnitker); and Recording Secretary (Ms. Samson).
Guest present: Tom Worthington, Chair, Parks and Recreation Advisory Commission.
1. Park and Rec Advisory Commission Year End Report
Director of Parks and Recreation Cindy Walsh introduced Tom Worthington, Chair, Parks and
Recreation Advisory Commission. Mr. Worthington presented highlights from 2005 and goals
for 2006.
Councilmember Finkelstein said he becomes concerned when competition is set up to the Sports
Associations. Councilmember Paprocki said, as a coach for two different soccer teams, i.e.,
parks and recreation soccer teams, Parks and Recreation is a good introduction because it is not
as competitive as an association.
Councilmember Omodt asked if more than one off-leash dog park is needed. Mr. Worthington
responded in the affirmative.
Councilmember Sanger would like to see organized canoe trips. She suggested getting input
from people who use the trail system. Mr. Worthington responded that one of the 2006 Parks
and Recreation Advisory Commission goals is to implement a trail forum, i.e., how facilities,
trails, and bicycle trails are used; what is good; what is bad; and identify buffers needed.
Councilmember Omodt suggested an exchange between Children First and the Youth
Associations. Councilmember Finkelstein would like a fitness goal set each year for the
community, e.g., to get people to walk more, a campaign to lower blood pressure or to bike to
work.
Councilmember Sanger would like to see community education in the parks. Ms. Walsh
commented that in addition to a run, the 5K is also a walk, and Park Nicollet is helping to
sponsor the 5K.
Councilmember Basill said many parents have commented to him that it would be nice to have
an indoor workout area so that parents could workout while their children practice.
St. Louis Park Council Meeting
Item: 090506 - 3a - Approval Of Study Session Minutes Of August 14, 2006
Page 2
Councilmember Sanger asked about public safety on a portion of the bike trail near downtown
Minneapolis and Midtown. She asked staff for recommendations to prevent unsavory behavior
on St. Louis Park trails. Ms. Walsh said one thing that is helping is the St. Louis Park bike
patrol—and they are visible on the trail. Councilmember Omodt said seeing graffiti along the
trail routes is disconcerting. Councilmember Finkelstein mentioned that WiFi cameras on the
trails could be beneficial.
2. Budget Discussion
City Manager Tom Harmening made some introductory comments about the budget and Finance
Director Bruce DeJong presented his report, which included a preliminary levy increase of 6.2%
for 2007. Councilmember Sanger and Councilmember Finkelstein raised questions about the
increase in department percentages from last year. After discussion, there was consensus among
the Council that they would like to see a 6% maximum preliminary levy for truth in taxation
purposes. The City Council intends to further address budget reduction, with a goal of a 5.2%
levy increase, at the time of final budget adoption.
Councilmember Basill and Mayor Jacobs would like staff to return at a future study session for a
tax levy 101 discussion at which staff should also provide information about the potential impact
of TIF districts on the overall budget. The next budget discussion is tentatively set for the
September 5th Council meeting.
3. Duke Joint Powers Agreement
Community Development Director Kevin Locke presented the report regarding the preliminary
draft of the Joint Powers Agreement for the proposed Duke Realty development. Mr. Locke said
one key issue is the extension of 16th Street to Wayzata Blvd.
Councilmember Sanger said Golden Valley should not have the final say—it must be a joint
decision. Councilmember Omodt agreed. Councilmember Sanger added that we don’t know
what the design will be. Councilmember Sanger doesn’t agree with the original premise, i.e., if
St. Louis Park doesn’t agree to give Golden Valley total control over the access, Golden Valley
will walk away.
Councilmember Omodt doesn’t like the term veto power; he would prefer a dispute resolution
group be in place. Councilmember Sanger said a traffic study would be informative.
Councilmember Paprocki agreed that not enough is known yet and a traffic study is necessary.
Planning and Zoning Supervisor Meg McMonigal said an environmental review is currently
underway, part of the traffic review, and it is expected to be done at the end of October. She said
when the environmental review is done, Duke would like to start a formal approval process in
January 2007.
4. Move Up Housing
Housing Supervisor Michele Schnitker presented the staff report. Ms. Schnitker said she and
Housing Program Coordinator Kathy Larsen plan to return in September to present a slide show
to demonstrate on camera to the community what is being done.
Councilmember Finkelstein suggested staff point out what programs are open to everyone.
St. Louis Park Council Meeting
Item: 090506 - 3a - Approval Of Study Session Minutes Of August 14, 2006
Page 3
Councilmember Omodt favors raising income limits. Councilmember Finkelstein would like to
help people to transitional housing.
5. Future Study Session Agenda Planning
Mr. Harmening and the Council discussed study session agenda planning.
The meeting ended at 9:15 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 090506 - 4a - St. Louis Park Arts & Culture Grants
Page 1
4a. Motion to Adopt Resolution Authorizing Award of the 2006 St. Louis Park Arts and
Culture Grants.
BACKGROUND:
Council and staff discussed the concept of an arts grant program at study sessions on November
28, 2005 and April 10, 2006. Incorporated into the program are the items that were discussed at
the previous study session, including the change in focus from neighborhoods to community-
wide grants, the emphasis on art in parks and public places, and the criteria for evaluative
purposes.
The St. Louis Park Arts & Culture Grant program offered a total of $20,000 to fund art projects
and cultural activities that build bridges between artists and communities, engage people in
creative learning, and promote artistic production and cultural experiences in St. Louis Park.
The response to our solicitation was overwhelmingly positive, with 17 applications received by
the July 31 deadline.
The St. Louis Park Arts & Culture Grants review committee, comprised of Friends of the Arts,
city staff, and community members, met during the summer months to develop review
guidelines, meet with prospective applicants and identify applicants whose proposals best met
the objectives of the program.
It was a tough decision because of the high quality of the ideas and proposals submitted for
consideration. Of the 17 applications received, the committee is pleased to recommend eight arts
related projects for Council’s consideration. The following is a short summary of each project
with their budgeted request as submitted by report to the City Council on August 28, 2006:
Asian Media Access - $3,500 to stage a traditional Chinese Opera, “A Dragon Odyssey”,
written by St. Louis Park residents Ange Hwang, Steve Lu and Qiang Yang. Their critically
acclaimed musical style opera will be performed in St. Louis Park, at no charge to residents. This
production was performed at the Fringe Festival/RedEye Theater in August 2006 and received
high praise. Following the performance in November, a discussion will be held to discuss the
creation process.
Bad Attitude Productions - $2,000 to produce William Shakespeare’s, “Love’s Labour Lost.”
Chris McGahon, a St. Louis Park Resident, will use a combination of actors from Bad Attitude
Productions (based in St. Louis Park) and St. Louis Park high school students to mount this play.
More than just the production, Mr. McGahon will help students grow as artists and introduce
them to the world of Shakespeare.
Forecast Public Artworks - $5,500 to coordinate and implement ONLY CONNECT…, which
will result in a temporary visual art installation on the chain link fence on West 36th Street,
bridging Highway 100. Project participants include artists and teens from St. Louis Park, and
successful completion of the project will culminate in a celebratory event. Artwork will be
installed for approximately 3-4 months.
St. Louis Park Council Meeting
Item: 090506 - 4a - St. Louis Park Arts & Culture Grants
Page 2
Harmony Theatre Company and School - $3,120 to stage a bi-lingual theater production of the
traditional Russian New Year Show, “Yolka”, planned for December 28, 2006 at the Groves
Academy in St. Louis Park. The review committee asked Harmony to consider a small
adjustment to their proposed budget, and dedicate the $390 requested for audience favors for
tickets instead. Harmony agreed to this change and now, approximately 35-40 tickets will be
made available to low-to-moderate income residents free of charge.
Julia Caston - $1,300 to paint a mural on the Perspectives building. Ms. Caston is a high school
student and will be working with a mentor, artist Denise Tennen, to implement her project.
Students at Perspectives and the High School will assist with the design and painting of the
mural, which will face the Perspectives’ playground.
Meadowbrook Collaborative - $1,534 to fund an 8-week multi-cultural drumming workshop
sponsored by Kenne Thomas for children at the Collaborative. Youth participants will hold
performances for the public at Meadowbrook, Lenox Senior Center and other locations after
completing the workshop series. Meadowbrook would like to videotape these performances for
rebroadcast.
St. Louis Park Schools - $1,800 to fund a partnership between the school district and dance
instructor/performer/choreographer Ann-Marie Draeger to engage 30-35 St. Louis Park students,
ages 8-14, in a dance project. Participants will learn improvisational and modern dance skills
and will perform at a free community event in December 2006. The theme of the dance centers
on the railroad and the development of St. Louis Park.
The Lenox Little Theatre, proposed by Bill Kenzie, originally submitted a request for $7,600 to
fund seven performances of “The Last Train to Nibroc” at the Lenox Little Theatre in November
2006. The review committee is proposing to use the remaining grant dollars, ($1,246 after
subtracting out requests for the above-mentioned proposals) to purchase tickets for distribution to
low-to-moderate income residents. Mr. Kenzie is supportive of the proposed budget and will be
able to move forward with the production without additional grant dollars. There will be seven
performances, and with only 48 seats in the theater and an approximate ticket price of $10-12, at
least 100 tickets can be made available for residents who would perhaps not be able to attend.
PROJECT TIMELINE & RECOMMENDATION
Should the City Council approve the review committee’s recommendations and the applicants
agree to the terms set forth by the city, the eight applicants will sign grant contracts with staff
and could begin work on their projects as early as September 15, 2006. Staff anticipates all
projects, weather and space permitting, will be completed by December 31, 2006. One provision
the City will require of the applicants doing performing art is to allow the city to film the
productions and allow rebroadcast on our cable access channel.
Attachments: Resolution
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 4a - St. Louis Park Arts & Culture Grants
Page 3
RESOLUTION NO. 06-137
MOTION TO AUTHORIZE AWARD OF ST. LOUIS PARK ARTS & CULTURE
GRANTS TO ASIAN MEDIA ACCESS, BAD ATTITUDE PRODUCITIONS,
FORECAST PUBLIC ARTWORKS, HARMONY THEATRE COMPANY & SCHOOL,
JULIA CASTON, MEADOWBROOK COLLABORATIVE, ST. LOUIS PARK
SCHOOLS, AND THE LENOX LITTLE THEATRE
WHEREAS, the City of St. Louis Park and Friends of the Arts worked together to create a
$20,000 grant program to fund art projects and cultural activities that build bridges between artists
and communities, engage people in creative learning, and promote artistic production and cultural
experiences in St. Louis Park, and
WHEREAS, seventeen applicants responded to the call for proposals and were evaluated by
a committee comprised of staff from Friends of the Arts and the city, youth, and community
members, and
WHEREAS, the committee recommends the City Council fund a total of eight (8) grant
proposals: Asian Media Access, Bad Attitude Productions, Forecast Public Artworks, Harmony
Theatre Company & School, Julia Caston, Meadowbrook Collaborative, St. Louis Park Schools, and
the Lenox Little Theatre.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Louis
Park, Minnesota, authorizes execution of grant agreements with the following organizations based on
their submitted proposals, unless otherwise indicated.
1. Asian Media Access is awarded a maximum of $3,500.
2. Bad Attitude Productions is awarded a maximum of $2,000.
3. Forecast Public Artworks is awarded a maximum of $5,500.
4. Harmony Theatre Company & Schools is awarded a maximum of $3,120, including $390 of
ticket sales.
5. Julia Caston is awarded a maximum of $1,300
6. Meadowbrook Collaborative is awarded a maximum of $1,534
7. St. Louis Park Schools is awarded a maximum of $1,800
8. The Lenox Little Theatre is awarded a maximum of $1,246 for tickets sales.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4b - Resolution Final Payment 38-05 Ron Kassa Construction Curb Ramps
Page 1
RESOLUTION NO. 06-140
RESOLUTION ACCEPTING WORK ON
PEDESTRIAN CURB RAMPS
CITY PROJECT NO. 2004-0100
CONTRACT NO. 38-05
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, Ron Kassa Construction, Inc.
has satisfactorily completed the pedestrian curb ramp construction, as per Contract No. 38-
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 $176,331.55
Change Order 47,295.30
Extra Work 29,506.02
Final Contract Price 253,132.87
Previous Payments ($178,344.39)
Balance Due $74,788.48
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4c - Resolution Final Payment Park Construction Cedar Lake Trail
Connection
Page 1
RESOLUTION NO. 06-141
RESOLUTION ACCEPTING WORK ON
CEDAR LAKE ROAD TRAIL CONNECTION
CITY PROJECT NO. 2004-0303
CONTRACT NO. 91-05
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 July 18, 2005, Park Construction Company
has satisfactorily completed the Cedar Lake Road Trail connection, as per Contract No. 91-05.
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 $147,663.36
Overrun/Underrun 10,004.46
Previous Payments (154,667.82)
Balance Due $3,000.00
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4d - Resolution Final Payment-Concrete Idea 39-06
Page 1
RESOLUTION NO. 06-142
RESOLUTION ACCEPTING WORK ON
CONCRETE ALLEY PAVING
2900 BLOCK OTTAWA/PRINCETON AVENUE
CITY PROJECT NO. 2005-1800
CONTRACT NO. 39-06
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 April 3, 2006, Concrete Ideas, Inc. has
satisfactorily completed the concrete alley paving, as per Contract No. 39-06.
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 $40,569.00
Change Order/Overrun 00
Underrun 462.80
Previous Payments 34,561.02
Balance Due $5,545.18
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4e - Resolution Parking Restrictions East Side Raleigh Ave
Page 1
4e. Traffic Study No. 599: Motion to adopt the attached resolution authorizing the
installation of “No Parking” restrictions on the east side of Raleigh Avenue from
Minnetonka Boulevard to 75 feet north
BACKGROUND:
Based upon a request by a resident, staff explored the possibility of installing “No Parking” signs
to limit parking on the east side of Raleigh Avenue from Minnetonka Boulevard to 75 feet north.
This request was prompted by the resident’s difficulty turning onto Raleigh Avenue from
Minnetonka Boulevard during rush hour due to conflicting parking and traffic patterns.
ANALYSIS:
City staff observed the area and found that when vehicles are parked on Raleigh Avenue within
75 feet of the Minnetonka Boulevard drivers have a difficult time passing one another on Raleigh
Avenue. This causes conflicts with vehicles traveling along both Raleigh Avenue and
Minnetonka Boulevard as vehicles back up while waiting for space on Raleigh Avenue to clear.
This is particularly a problem for eastbound vehicles attempting to make a left turn (northbound)
on to Raleigh Avenue especially when traffic on Minnetonka Boulevard is heavy and the
entrance to Raleigh Avenue is congested.
Currently, there are similar restrictions along Ottawa, Princeton, Salem, and Toledo Avenues
north of Minnetonka Boulevard.
PUBLIC INPUT:
A letter was mailed to adjacent property owners in March requesting comments on the proposed
installation of parking restrictions. There were two (2) responses to that inquiry, and both were
in favor of the proposed restrictions. There were no negative responses to the proposal.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution which restricts parking on
the east side of Raleigh Avenue from Minnetonka Boulevard to 75 feet north.
Attachments: Map (Supplement)
Resolution
Prepared by: Laura Adler, Engineering Program Coordinator
Reviewed by: Scott A. Brink, City Engineer
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 4e - Resolution Parking Restrictions East Side Raleigh Ave
Page 2
RESOLUTION NO. 06-138
RESOLUTION AUTHORIZING INSTALLATION OF
“NO PARKING” RESTRICTIONS ON THE EAST SIDE OF RALEIGH AVENUE
FROM MINNETONKA BOULEVARD TO 75 FEET NORTH.
TRAFFIC STUDY NO. 599
WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and
has determined that it is in the best interest of the City to install parking restrictions at this
location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Director of Public Works is hereby authorized to install “No Parking” restrictions on
the east side of Raleigh Avenue from Minnetonka Boulevard to 75 feet north.
Reviewed for Administration Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4f - Park Assembly Of God 1st Addition Preliminary And Final Plat
Page 1
4f. Motion to adopt a resolution giving approval for Final Plat of Park Assembly of
God First Addition.
DESCRIPTION:
Requested is approval of the Preliminary and Final Plat of the Park Assembly of God First
Addition. The plat has been prepared by the City as part of the 2004 Lamplighter Pond
Expansion.
BACKGROUND:
In 2004, the City Council approved several resolutions and an easement agreement to finalize the
construction of Lamplighter Pond which is located in the City’s Pennsylvania Park
neighborhood, near Texas and Franklin Avenues. The easement agreement between the City and
the Park Assembly of God Church calls for the City to replat property owned by Park Assembly
of God into a single parcel.
Lamplighter Pond was expanded in 2004 for the purpose of improving flood and other
stormwater controls in the area directly east of Westwood Lake. The expansion was completed
in 2005, with the result being a substantially larger body of water with improved amenities for
surrounding residents and the rest of the City.
ANALYSIS:
The new plat of the Park Assembly of God property will consolidate four lots into a single lot.
The church will retain its address at 1815 Texas Avenue South. Also affected are parcels to the
north and south of the church. The northerly parcel has been utilized by the City for the
construction of Lamplighter Pond; the City will retain an easement over this property. The
southerly two parcels consist of a ball field. All parcels are contiguous, which was made
possible by the vacation of a portion of 16th Street West in 2005.
Lamplighter pond presently features a walking trail around its border; this walking trail is also
adjacent to the church’s parcels and is utilized to meet the sidewalk requirement of the
Subdivision Ordinance. The City has not determined at this time whether the walking trail will
be paved in the future.
City Council approval of the Preliminary and Final Plat of Park Assembly of God property will
represent the final administrative step in the completion of the Lamplighter Pond project. Upon
approval, Staff will file the Plat with Hennepin County.
RECOMMENDATION:
The Planning Commission and Staff recommend a motion to adopt a resolution approving the
Preliminary and Final Plat.
Attachments: Resolution giving approval for Final Plat of Park Assembly of God First
Addition
Plat drawing, Park Assembly of God First Addition (Supplement)
Prepared by: Adam Fulton, Associate Planner
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 4f - Park Assembly Of God 1st Addition Preliminary And Final Plat
Page 2
RESOLUTION 06 -143
RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF
PARK ASSEMBLY OF GOD FIRST ADDITION
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. The City of St. Louis Park, acting at the request of Park Assembly of God Church,
owner and subdivider of the land proposed to be platted as Park Assembly of God First Addition,
has submitted an application for approval of preliminary and final plat of said subdivision in the
manner required for platting of land under the St. Louis Park Ordinance Code, and all
proceedings have been duly had thereunder.
2. The proposed preliminary and final plat has been found to be in all respects
consistent with the City Plan and the regulations and requirements of the laws of the State of
Minnesota and the ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 5,
Township 117, Range 21 lying South of the most Southerly line of the Plat of
Turf and Paddock and its Easterly extension and East of the Plat of Texas Terrace
Third Addition, except the West 570 feet of the East 600 feet of the South 25 feet
thereof, Hennepin County, Minnesota.
and also:
Outlot 2, Texas Terrace, Hennepin County, Minnesota.
and also:
The West 240 feet of the North 25 feet of the South 299 feet of Lot 5; Lot 6
except that part thereof embraced within the plats of Texas Terrace and Texas
Terrace Second Addition, and except that part of said Lot 6 lying West of the
West line of Texas Avenue; except that part of said Lots 5 and 6 lying West of a
line drawn parallel with the West line of Lot 6 and its Southerly extension from
the Southeast corner of said Texas Terrace Second Addition; all in Beebe’s Out
Lots, Hennepin County, Minnesota.
and also:
Outlot 2, Lamplighter, Hennepin County, Minnesota.
and also:
That part of Lot 8 which lies East of traveled road now traversing said Lot 8, and
known as Texas Avenue as of this date, all in Beebe’s Out Lots in Section 5,
Township 117, Range 21, Village of Saint Louis Park, Hennepin County,
Minnesota.
St. Louis Park Council Meeting
Item: 090506 - 4f - Park Assembly Of God 1st Addition Preliminary And Final Plat
Page 3
and also:
That part of Lot 1, Beebe’s Out Lots, Hennepin County, Minnesota, described as
follows: Commencing at the intersection of the North line of Lot 8 of said
Beebe’s Out Lots with the Easterly right of way of Texas Avenue; thence Easterly
along the North line of said Lot 8 to the Northwest corner of said Lot 1, said point
being the point of beginning; thence Southeasterly 45.82 feet along a tangential
curve, concave to the Southwest having a radius of 35.00 feet and a central angle
of 75 degrees; thence Southeasterly, tangent to the last described curve 130.00
feet; thence Southwesterly, deflecting 45 degrees, to the right, to the intersection
with the West line of said Lot 1; thence Northerly along the West line of said Lot
1, to the point of beginning, Hennepin County, Minnesota.
Conclusion
1. The proposed preliminary and final plat of Park Assembly of God First
Addition is hereby approved and accepted by the City as being in accord and conformity
with all ordinances, City plans and regulations of the City of St. Louis Park and the laws
of the State of Minnesota, provided, however, that this approval is made subject to the
opinion of the City Attorney and Certification by the City Clerk.
2. The City Clerk is hereby directed to supply two certified copies of this
Resolution to the above-named owner and subdivider, who is the applicant herein.
3. The Mayor and City Manager are hereby authorized to execute all
contracts required herein, and the City Clerk is hereby directed to execute the certificate
of approval on behalf of the City Council upon the said plat when all of the conditions set
forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been
fulfilled.
4. Such execution of the certificate upon said plat by the City Clerk, as
required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be
conclusive showing of proper compliance therewith by the subdivider and City officials
charged with duties above described and shall entitle such plat to be placed on record
forthwith without further formality.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 1
4g. Motion to approve an amendment to the Special Permit to allow a façade change to
the existing TGI Friday’s building at 5875 Wayzata Boulevard.
BACKGROUND:
In 1978, a special permit was approved for this property to allow the construction of a nine-story
office building. The special permit was amended in 1979 to allow the construction of a free
standing restaurant (TGI Friday's) on the same parcel as the office building.
Carlson Restaurants Worldwide, owner of TGI Friday’s, applied for an amendment to the special
permit in 2003 to remodel the exterior of the restaurant to the new TGI Friday’s look. That
application also included a variance request for additional signage. The variance was required
because the total combined existing signage for the restaurant and the office building exceeded
the amount of signage allowed for the parcel. After reviewing the application and discussing it
at the August 18, 2003 Council meeting (with the applicant participating), the City Council
concluded that findings for a hardship to justify approval of the sign variance did not exist. The
Council then directed staff to prepare a Resolution of Denial for consideration at the September
2, 2003 Council meeting for the variance, and approved the amendment to the special permit for
the façade change (noting that they would not be able to replace any signage). The applicant
withdrew their request for the variance; and the approval of the amendment to the special permit
was not acted upon within one year, and has therefore expired.
On August 11, 2006 Carlson Restaurants Worldwide applied for an administrative lot split to
create a separate parcel for the TGI Friday’s restaurant. The lot split separates the restaurant
from the office building allowing the restaurant to have up to 250 square feet of signage, which
will meet their needs. This application was reviewed and approved by staff. With the signage
issue resolved without the need for a variance, Carlson Restaurants Worldwide is now prepared
to proceed with the minor amendment to the special permit for the remodel of the TGI Friday’s
restaurant.
The attached exterior elevations are proposed for your approval. The elevations meet the
requirements of the zoning ordinance, including the architectural standards, and they are the
same elevations that were approved by the Council in 2003. As stated above, this application for
an amendment to the special permit is required because the 2003 approval was not acted upon
within the one year from the date of approval, and has therefore expired. Since the amendment
was not acted upon, and the variance is no longer needed, the special permit needs to be
amended to remove the conditions approved under the 2003 special permit amendment, and
replace it with the conditions as recommended below.
RECOMMENDATION:
Staff recommends approval of an amendment to the special permit to remove the conditions
approved under the 2003 amendment and to replace the exterior elevation exhibits with revised
exterior elevation exhibits showing the new TGI Friday’s look with the following conditions:
1. The Exterior Elevation Exhibit is hereby replaced with the attached exhibit marked as
Elevation Exhibit 2006.
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 2
2. Prior to issuing a building permit for the remodel of the TGI Friday’s, the applicant shall:
a. Provide proof of recording the administrative lot split at Hennepin County.
b. Provide a revised Utility, Encroachment and Parking Easements Agreement
reflecting the new legal description of the TGI Friday’s parcel.
Attachments: Resolution of Approval
Building Elevations (supplement)
Administrative Lot Split – TGIF Parcel (supplement)
Administrative Lot Split – Entire Parcel (supplement)
Site Plan (supplement)
Prepared by: Gary Morrison, Assistant Zoning Administrator
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 3
RESOLUTION NO. 06-139
Amends and Restates Resolutions 6258, 6173, 87-209, and 03-103
A RESOLUTION AMENDING AND RESTATING
RESOLUTION NO. 03-103 ADOPTED ON OCTOBER 10, 2003, AND
RESOLUTIONS 87-209, 6258, AND 6173 AND GRANTING AN
AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION
36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO ALLOW EXTERIOR MODIFICATIONS FOR AN
EXISTING RESTAURANT FOR PROPERTY ZONED O - OFFICE
DISTRICT LOCATED AT
5875 WAYZATA BOULEVARD
Findings
WHEREAS, Carlson Restaurants Worldwide has made application to the City Council
for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park
Ordinance Code to allow exterior modifications for an existing restaurant at 5875 Wayzata
Boulevard, within a O - Office District having the following legal description:
Lot 4, Block 2, Park Plaza (Torrens)
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 78-127-DDD, 79-13-SP, 03-26-CUP, and 06-55-CUP and the effect of the proposed
exterior modifications for an existing restaurant on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on
values of properties in the surrounding area and the effect of the use on the Comprehensive Plan;
and compliance with the intent of the Zoning Ordinance; and
WHEREAS, a special permit was issued regarding the subject property pursuant to
Resolution No. 6173 of the St. Louis Park City Council dated November 20, 1978 which
contained conditions applicable to said property; and
WHEREAS, an amendment to the existing special permit was issued regarding the
subject property pursuant to Resolution No. 6258 of the St. Louis Park City Council dated May
7, 1979 which contained conditions applicable to said property; and
WHEREAS, a second special permit running concurrently with the restaurant special
permit was issued regarding the subject property pursuant to Resolution No. 7019 of the St.
Louis Park City Council dated December 7, 1981 which also amended Resolution No. 6258
which contained conditions applicable to said property; and
WHEREAS, the second special permit was subsequently rescinded and replaced by
Resolution number 85-102, which was rescinded and replaced by Resolution 87-209 which
continued and amended the special permit and added conditions pertaining to an addition to the
existing nine-story office building; and
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 4
WHEREAS, Resolution No. 03-103 combined both existing special permits into one
special permit for the property; and
WHEREAS, it is also the intent of this resolution to remove the conditions required by
Resolution No. 03-103 and add the amendments now required, and to consolidate all conditions
applicable to the subject property into this resolution;
WHEREAS, the contents of Planning Case File 06-55-CUP are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
NOW THEREFORE BE IT RESOLVED that Resolution No. 6258 (document not
filed) and Resolution No 87-209 are hereby combined, restated and amended by this resolution
which continues and amends a special permit to the subject property for the purposes of
permitting a restaurant within the O - Office District at the location described above based on the
following conditions:
1. The site shall be developed, used and maintained in accordance with Exhibit A -
Site Plan; Exhibit B - Planting and lighting Plan; Exhibit C - Grading Plan;
Exhibit D - Garage Level Plan; Exhibit E - Elevation Plans; Exhibit F - Site Plan
and Utility Diagram, except as modified on November 9, 1978 and on July 1,
1985, and on August 18, 2003. (Exhibits are on file in the City Development
office at the City of St. Louis Park.)
2. All landscaping, parking improvements, curbing, sodding, building construction
and related elements as shown on the exhibits shall be completed by October 15,
1980.
3. That a Class III restaurant be allowed on the first floor as shown on Exhibit G -
Cafeteria, containing no more than 1,800 square feet of floor area and without any
exterior signage.
4. An addition to the east side of the building containing 1,866 square feet is hereby
permitted in accordance with Exhibit H - Park Place Office Building Addition
Site Plan/Floor Plan; and Exhibit I - Park Place Office Building Addition
Elevations. Said Exhibits H and I supersede the exhibits in Condition No. 1, but
only to the extent relative to the 1,866 square foot addition and realignment of the
abutting driveway connecting the two parking lots and adjacent landscaping. If
the proposed addition is constructed, it shall be completed, including the said
landscaping adjustments and driveway, by May 15, 1986.
5. An addition to the northeast side of the building containing 1,492 square feet is
hereby permitted in accordance with Exhibit A1 - Site Plan and Planting Plan; and
Exhibit E1 - Elevation Plan, with all improvements to be completed by October
30, 1988.
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 5
6. The following conditions pertain to the restaurant building located in the
northwest corner of the subject property:
a. The site shall be developed, used and maintained in accordance with
Exhibit A, Site Plan; Exhibit B, Planting and Lighting Plan; Exhibit C,
Grading Plan; Exhibit D, Garage Level Plan; Exhibit E, Elevation Plans;
Exhibit F, Site Plan and Utility Diagram, except as modified by the
Planning Department on November 8, 1978; and as amended by condition
"h" adopted on August 18, 2003.
b. All landscaping, parking improvements, curbing, sodding, building
construction, and related elements shown on the exhibits, shall be
completed by October 15, 1980.
c. That the northwest corner of the lot be developed, used, and maintained in
accordance with the following site plans and development plans: Sheet
A1, A3, A4 and SC1 and the Landscape Plan, Exhibit G.
d. That the exterior columns be brick, compatible and consistent with the
brick planter.
e. No more than one free-standing sign identifying the restaurant be placed
on the property. (Amended by condition "h" adopted on August 18, 2003)
f. That all on-sale liquor sales shall occur only within the restaurant building
and the attached patio court adjacent to the northwest corner of the
building as shown on the site plan.
g. That all landscaping, site development, and construction required and as
shown on the exhibits, be completed by May 15, 1980.
h. The special permit shall be amended on August 18, 2003 to incorporate all
of the preceding conditions and allow exterior modifications to the
existing restaurant subject to the following conditions:
(1) The restaurant exterior shall be modified and maintained in
accordance with Exhibit E, stamped as received August 13, 2003, except
that signs shown on the elevations are not approved. Such documents
incorporated by reference herein.
(2) Prior to issuance of any new sign permits, the applicant shall
submit plans for bringing the property into compliance with the sign
ordinance or according to the terms of an approved sign variance.
(3) All approved building and sign modifications shall be completed
prior to issuance of a new occupancy permit for the restaurant.
h. The special permit shall be amended on September 5, 2006 to incorporate
all of the preceding conditions as modified and allow exterior
St. Louis Park Council Meeting
Item: 090506 - 4g - Minor Amendment To Special Permit TGI Friday Remodel
Page 6
modifications to the existing restaurant subject to the following
conditions:
(1) The Exterior Elevation Exhibit is hereby replaced with the attached
exhibit marked as Elevation Exhibit 2006.
(2) Prior to issuing a building permit for the remodel of the TGI Friday’s,
the applicant shall:
a. Provide proof of recording the administrative lot split at
Hennepin County.
b. Provide a revised Utility, Encroachment and Parking Easements
Agreement reflecting the new legal description of the TGI Friday’s parcel.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of building permit.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 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
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 2
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.
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.
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 3
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.
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.
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 4
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.
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.
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 5
Mr. Polach believed there needed to be a mechanism to collect information about bias in the
community so it can be proved and documented.
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
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 6
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.
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 polic y. 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.
St. Louis Park Council Meeting
Item: 090506 - 4h - Approve Human Rights Commission Minutes Of May 16, 2006
Page 7
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.
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: 090506 - 4i - Approve Human Rights Commission Minutes Of July 18, 2006
Page 1
City of St. Louis Park
Human Rights Commission
Minutes – July 18, 2006
Westwood Room, City Hall
I. Call to Order
Chair Maaraba called the meeting to order at 7:12 p.m.
Commissioners: Matthew Armbrecht, Karmit Bulman, Ahmed Maaraba, Joseph Polach, Shelley
Taylor and Jason Van Buren.
Staff: Martha McDonell, Commission Liaison and Lieutenant Dreier
Guests: Judy Reiner, West Metro Liaison to the League of MN Human Rights Commissions;
Sandy Johnson, Volunteer and resident; Isabelle Garcia, applicant for Comsn; and, Anne Hyman
A. Introductions and welcome to any guests attending
B. Approval of agenda
The agenda was approved as presented.
C. Approval of May Commission meeting minutes draft 2 and June notes (There
was no quorum in June.)
Ms. McDonell indicated the May minutes had been redrafted and a second, longer
version was before the Commission for approval. The Commission discussed the reasons
for the revision of the minutes and felt the inclusion of more information was acceptable.
Ms. Taylor asked for another perspective regarding Highway 7? Lt. Dreier replied traffic
is enforced anyplace in St. Louis Park and always has been and didn’t feel Highway 7
was disproportionate.
The minutes of May 15, 2006 were approved as presented.
The notes of June 20, 2006 were approved as presented.
II. Commissioner and Committee Reports
A. Individual commissioner & staff reports (limited to quick updates of 5 minutes or
less on any topic of interest to the commission.)
Ms. McDonell reported:
St. Louis Park Council Meeting
Item: 090506 - 4i - Approve Human Rights Commission Minutes Of July 18, 2006
Page 2
• The State League of Minnesota Human Rights Commissions conference is
September 30th. The Commission budget will pay for Commissioners to
attend. The topic is: Human Rights Challenge of Immigration.
• Bookmark in the Park handout from the Mayor
• One of the Councilmember’s has the idea of doing a diversity picnic
• She had submitted her resignation and would be taking employment with a
non-profit, Labor Management Healthcare Coalition of the Upper Midwest.
In the interim Lori Vail and Nancy Gohman will support the commission. She
would be here through the forum.
B. Committee Reports – Progress since the last meeting
Connecting and supporting minority communities (Matt, Jason, Shelley, Mindy,
Ahmed & Karmit.) – See Old Business
Community and youth education (Kristi, Greg, Joe, Mike & Ahmed)
Ms. McDonell indicated she had received one or two applications for student
positions on the Commission. The committee should schedule a meeting.
II. Old Business
A. Finalize plans for the July 25th meeting with Somali residents.
Review the forum outline & report on the July 12 planning meeting
Facilitator training/reminder of Commissioner role that evening–Sandy Johnson
Discuss any further efforts needed to get the word out.
Ms. Johnson stated she would be supporting the Commission with the forum. She
was involved with Vision St. Louis Park and a Diversity Sub Committee resulted
from that. She asked commissioners to serve on that committee. Contact Ellen
Lowry, the ESL Coordinator for further information. A meeting was held last
week to develop an outline for the forum and she reviewed this and discussed how
the forum would be organized and the roles of the Commissioners and City staff.
They wanted to provide a very welcoming environment.
Ms. McDonell noted there would be instructions provided in Somali, and there
should be many bi-lingual people for the tables.
Ms. Bulman indicated she would contact some of the Somali guests from past
meetings to see if they would share their experiences.
Ms. Johnson stated there may be easy answers to some of the questions brought
up, but there may be some that do not have easy answers. Cards will be provided
for people to fill out to get a response on their questions, within 30-60 days.
Ms. McDonell noted Commissioners could respond with affirmation that they will
work on issues brought up at the forum. There will also be other good resources
there to help. She would have a handout with important phone numbers. They
will not promise solutions, but want to listen and provide information and
determine the next step. Inspections staff would be in attendance, as well as City
Council Members, the City Manger and Deputy Manager, and members of the
St. Louis Park Council Meeting
Item: 090506 - 4i - Approve Human Rights Commission Minutes Of July 18, 2006
Page 3
Police Department and Advisory Commission. Representatives from the JCA
would also attend. They were unsure of the number of residents that would attend.
Ms. Johnson and the Commission discussed the role of the recording position and
its importance. It was suggested that City staff take the role of recorder if a
resident at the table did not volunteer.
Ms. Bulman suggested signage be put up for people to find the location. Ms.
McDonell replied she would direct people to the West parking lot to enter at the
rotunda.
Ms. Bulman indicated the babysitters were concerned about keeping the kids
busy. Ms. McDonell responded she would contact the Park and Rec. staff to get
play equipment. Ms. Rudelius-Palmer provided an activity book with games.
She also provided a list of rules. They would not be providing babysitting for
children less than four years of age.
Ms. Johnson referenced a positive article in the Star Tribune about the St. Louis
Park Police youth basketball program at Louisiana Court.
Ms. McDonell stated they were relying on the Somali Action to invite people to
the forum and asked Commissioners to spread the word about the forum as well.
Ms. Reiner noted that a member of the Hopkins Civil Rights Commission felt it
was his knowledge that St. Louis Park and Hopkins Police Departments were
looked upon as great to work with.
IV. New Business - None
V. Set Agenda for Next Meeting
• Recap on Forum
• Ways to get involved with schools
• Start planning advertising for annual Human Rights Award
VI. Adjournment
The meeting was adjourned at 8:43 p.m.
Respectfully submitted,
Amy L. Stegora-Peterson
Recording Secretary
St. Louis Park Council Meeting
Item: 090506 - 6a - Public Hearing Target 3.2 Liquor License
Page 1
6a. Public Hearing to consider granting an off-sale 3.2 percent malt liquor license to
Target Corporation, DBA Target Store T-2189, 8900 Hwy 7, St. Louis Park, MN
Recommended
Action:
Mayor to close the public hearing. Motion to approve an off-sale 3.2
percent malt liquor license for Target Corporation, DBA Target Store
T-2189, located at 8900 Hwy 7.
BACKGROUND:
Target Corporation has made application to the City of St. Louis Park for an off-sale 3.2 percent
malt liquor license for the new SuperTarget located at 8900 Hwy 7 (existing land formerly
occupied by Target). Target Store T-2189 will be a one story building and 174,000 square feet
in size.
The main principals involved are as follows:
Timothy Baer, Sr. VP, Law
Jack Reif, Assistant Treasurer
Robert Saba, Store Manager
Target operates 1,444 stores in 47 states, including over 140 SuperTarget stores that add an
upscale grocery shopping experience.
The public hearing legal notice was published August 24, 2006.
APPLICATION:
The Police Department has run a background investigation on the main principals including
Store Manager Robert Saba and has found no reason to deny the license.
RECOMMENDATION:
The applicant has met all requirements for issuance of the license and staff is recommending
approval.
Prepared By: Nancy Stroth, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 1
8a. Inglewood Condominiums – Conditional Use Permit and Variances
Location: 3125 Inglewood Avenue South
Case No.: 06-44-06 & 06-45-VAR
Recommended
Action:
• Motion to adopt resolution approving a Conditional Use Permit for
Inglewood Condominiums, subject to conditions as recommended
by Staff.
• Motion to adopt resolution approving side and rear setback
variances for Inglewood Condominiums.
DESCRIPTION OF REQUEST:
The applicant (Andrew Brenner) requests approval of a Conditional Use Permit (CUP) to allow a
six-unit condominium building, and variances to reduce the rear yard from 25 feet to 21 feet, and
side yards from 20.5 feet and 18 feet to 15 feet.
DEVELOPMENT PROPOSAL:
The plan is for a six-unit, two-story condominium building on this vacant lot. The six
condominium units will consist of two “townhome” style units that are two levels, four one-level
condominium units and underground parking.
Site Map:
Zoning: R4 – Multi-Family Residential
Comprehensive Plan: Residential Medium Density
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 2
ZONING ANALYSIS:
The proposed use is appropriate and allowed by Conditional Use Permit in the R4 Multi-Family
Residential Zoning District. The Comprehensive Plan and Zoning designations allows up to 30
units per acre and allow for a variety of housing types, including two and three-story multiple
family buildings.
The condominium building is subject to additional conditions, including a Designed Outdoor
Recreation Area (DORA), landscaped bufferyards and sidewalks. The proposed site plan meets
these requirements.
Setbacks: The required and proposed setbacks for the proposed building in the R4 Zoning
District are detailed in the following table:
Height: The maximum height in the R4 Zoning District is three stories or 40 feet in height,
whichever is less. The proposed height is 24’. The height of the building does not result in
additional setback requirements.
Exterior Building Materials: The proposed building materials are stucco and glass, both class I
materials. The elevator penthouse on the roof will have hardiboard panel siding. The plan
exceeds the City Code requirement for 60% class I materials.
Parking: The total parking requirement is as follows:
Use Required Provided Met?
Multiple Dwelling (6 units) 12 spaces,
including 4 visitor
9 underground,
3+ on-street
Yes
There are more than three on-street parking stalls available within 300 feet of the property that
would be available to residents or visitors.
Landscaping:
Yard Required Provided Met?
Front (West) 52 units 80.6 units Yes
Rear (East) 192 units 213 units Yes
Side (North) 197 units 218 units Yes
Side (South) 123 units 127 units Yes
Required Yards Required by Zoning Code Provided
Front (West) 24’ 24’
Side (North) 20.5’ 15’
Side (South) 18’ 15’
Rear (East) 25’ 27.5’ & 21’
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 3
Tree Replacement
The plan proposes removing two significant Red Oak trees that have a total diameter of 48
inches. The formula for tree removal requires that the applicant provide 56.7 caliper inches of
trees for replacement. The plan replaces the two existing Red Oak trees with ten large Black
Hills Spruce trees (six-inch diameter trees or 60 caliper inches).
Stormwater
The applicant proposes a small drain field in the front yard on the southwest corner of the
property to help control the rate of stormwater from the site. The City Engineer has determined
that the plans are acceptable. Permits from Minnehaha Creek Watershed District will also be
required.
CONDITIONAL USE PERMIT ANALYSIS:
Access: The property is located two blocks south of Highway 25, which is classified as an
arterial roadway in the Comprehensive plan.
DORA: The plan provides 1,574 square feet of designed outdoor recreation area (14.9%) in a
common gazebo and patio area on the east side of the property. The code requires 12% or 1,270
square feet.
Building Setback from Parking Lots: The plan does not include surface parking lots.
Building Spacing: The code requires minimum spacing between buildings to be the average
heights of the buildings. This rule does not apply to the proposed gazebo, because it will be a
wrought iron structure without an enclosed roof. It is more similar to a pergola, so it is an
accessory structure not an accessory building.
On-street Parking: There is adequate on-street parking available to meet the balance of the
parking requirement for the project.
Sidewalk: There is an existing sidewalk on Inglewood Avenue.
Staff finds the plan meets the conditional use permit requirements.
VARIANCE ANALYSIS:
The applicant requests three setback variances:
Rear yard variance from 28 feet to 21 feet
North side yard variance from 20.5 feet to 15 feet
South side yard from 18 feet to 15 feet
Criteria: Variances shall be granted only provided that the following evaluation criteria from the
City Code, Section 36-33 “Application and review process for conditional use permits and
variances,” can be satisfactorily answered:
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 4
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason
of exceptional topographical or water conditions or other extraordinary and
exceptional conditions of such lot, the strict application or the terms of this chapter
would result in peculiar and practical difficulties or exceptional or undue hardship
upon the owner of such lot in developing or using such lot in a manner customary and
legally permissible within the use district in which such lot is located.
The lot is comprised of two underlying platted parcels of different depths. The proposed
building is 27.5 feet from the rear lot line on the north side, but only 21 feet from the rear lot
line on the south side.
The lot is 80 feet wide. The required setbacks take up a large portion (45%) of the lot width.
The applicant is requesting modest reductions in the required side yard setback to achieve the
allowable residential density and accommodate a building and site design that best suits the
site and neighborhood.
2. Conditions applying to the structure or land in question are peculiar to the property
or immediately adjoining property, and do not apply, generally, to other land or
structures in the use district in which the land is located.
The varying lot depth is peculiar to the lot in question.
The proposed building provides trash storage and the majority of the required parking
underground. Strict application of the side yard setbacks on a lot this narrow would reduce
the number of stalls that could be provided underground and push the building development
into a taller and narrower building. The applicant argues this is less congruent with
surrounding development.
3. The granting of the proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
The applicant argues the required side yard setbacks are onerous and inconsistent with the
guided land use and density in this area. The variances help to achieve the guided residential
density, keep the parking and trash contained within the building and keep a low profile
building design.
4. The granting of the proposed variance will not impair an adequate supply of light
and air to the adjacent property, unreasonably increase the congestion in the public
streets, increase the danger of fire, or endanger public safety.
The variances would not impair an adequate supply of light and air to the adjacent property,
unreasonably increase the congestion in the public streets, increase the danger of fire, or
endanger public safety. The neighboring single-family houses are at least 70 feet from the
proposed building. There are no balconies proposed, all the decks are at ground level.
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 5
5. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair the health, safety,
and comfort of the area.
The proposed design has many desirable qualities that will ensure the variances do not
unreasonably impact the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any other way
impair the health, safety, and comfort of the area.
The building has a low profile, the building takes advantage of the existing topography to
provide a tuck under garage entrance, off-street parking and trash storage are contained
underground, and the plan provides more permeable surface and designed outdoor recreation
area than required by ordinance.
6. The granting of the proposed variance will not be contrary to the intent of this
chapter and the comprehensive plan.
The variances are not contrary to the conditional use permit requirements. The variances will
help achieve the guided residential density on a relatively small site and higher quality
building design, and allow more parking and the trash storage to be on-site and underground.
7. The granting of a variance will not merely serve as a convenience to the applicant
but is necessary to alleviate a demonstrable undue hardship or difficulty.
The variances allow the applicant to achieve a superior design, because it is a better fit with
the topography of the site and the scale of surrounding development. The Zoning Code
architectural design standards state that buildings of lower height, lesser bulk, and numerous
openings are considered of higher quality.
Staff supports granting the variances based on the findings above.
PUBLIC PROCESS:
A public hearing notice was mailed to properties within 350 feet of the project site and published
in the official newspaper. A neighboring property owner contacted staff prior to the public
hearing with an objection to the project. The neighboring landowner expressed the desire to see
her property as well as other nearby land to be developed as one larger development.
The Planning Commission held the public hearing and no other residents attended the meeting.
The Commissioners passed the application forward without a recommendation. A motion to
approve the application failed on a 3-3 vote. The meeting minutes for this item are attached for
your information. Several of the concerns raised by the Planning Commission were regarding
potential building code issues. The Building Official subsequently met with the project architect.
The applicant submitted plan revisions to staff on August 24, 2006. The revised plans provide
additional detail and resolve the building code issues discussed by Planning Commission. Any
other potential building code issues identified when the applicant submits full construction plans
for building permit review may be resolved at that time.
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 6
PLEASE NOTE: The statutory review period for this project expires September 5, 2006. The
City Council cannot table this item (unless the applicant provided a signed letter extending the
review period at the meeting). Therefore, if the City Council is not comfortable with the
application, it must deny the application with appropriate findings.
RECOMMENDATION:
Staff recommends approval of the Conditional Use Permit for a six-unit condominium building
at 3125 Inglewood Avenue South, subject to the conditions described in the resolution.
Staff also recommends approval of the rear yard setback variance from 25 feet to 21 feet and side
yard setbacks variances from 20.5 feet and 18 feet to 15 feet for the proposed six-unit
condominium building at 3125 Inglewood Avenue South based on the findings in the staff
report.
Attachments:
Draft Resolutions
Planning Commission Meeting Minutes from July 19, 2006 (supplement)
Letter from the Applicant dated July 12, 2006 (supplement)
Topographic Survey (supplement)
Existing Landcover Map (supplement)
Site, Grading, and Landscape Plan revised 08/24/2006 (supplement)
Drainage Plan dated May 3, 2006 (supplement)
Building Elevations and Bufferyard Calculations revised 08/24/2006 (supplement)
Basement Floor Plan dated 08/24/2006 (supplement)
First Floor Plan dated 08/24/2006 (supplement)
Second Floor Plan dated 08/10/2006 (supplement)
Prepared by: Sean Walther, Senior Planner
Reviewed by: Gary Morrison, Assistant Zoning Administrator
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 7
RESOLUTION NO. 06-144
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-166(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT CONSTRUCTION OF A SIX-
UNIT CONDOMINIUM BUILDING FOR PROPERTY ZONED R-4
MULTI-FAMILY RESIDENTIAL DISTRICT LOCATED AT 3125
INGLEWOOD AVENUE SOUTH
BE IT RESOLVED by the City Council of the City of St. Louis Park:
Findings
1. Andrew Brenner has made application to the City Council for a Conditional Use Permit
under Section 36-166(d)(1) of the St. Louis Park Ordinance Code for the purpose of
constructing a six-unit condominium building within a R-4 Multi-Family Residential District
located at 3125 Inglewood Avenue South for the legal description as follows, to-wit:
Lots 12 and 13, Block 5, “Manhattan Park, Minneapolis, Minnesota”
2. The City Council has considered the advice and discussion of the Planning Commission
(Case No. 06-44-CUP) and the effect of the proposed condominium building on the health,
safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on
the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the condominium building will not be detrimental to the
health, safety, or general welfare of the community nor will it cause serious traffic congestion
nor hazards, nor will it seriously depreciate surrounding property values, and the proposed
condominium building is in harmony with the general purpose and intent of the Zoning
Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 06-44-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit the construction of a six-unit condominium building at
the location described is granted based on the findings set forth above and subject to the
following conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
2. Fire lanes shall be shown on the plans as required by the Fire Marshal.
3. The applicant shall submit a tree preservation plan to the City for staff review and
approval prior to issuance of City building, right-of-way and erosion control permits.
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 8
4. The applicant shall submit a soil erosion control plan to the City for staff review
and approval prior to issuance of City building and right-of-way permits.
5. The applicant shall obtain Minnehaha Creek Watershed District permits prior to
issuance of City permits.
6. Prior to starting any site work, the following conditions shall be met:
a. Assent Form and Official Exhibits must be signed by applicant and owner.
b. A preconstruction conference shall be held with the appropriate
development, construction and city representatives.
c. All necessary permits must be obtained.
d. Building materials samples & colors must be submitted the Zoning
Administrator for review and approval.
e. A performance guarantee in the form of cash escrow or letter of credit
shall be submitted to the City of St. Louis Park in the amount of 125% of
the exterior site improvements. Such letter of credit shall be on a form
provided or approved by the City.
7. The site shall be developed, used and maintained in conformance with the Official
Exhibits.
8. The developer shall comply with the following conditions during construction:
a. All City noise ordinances, which state that work shall be limited to the
hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and
10:00 p.m. on weekends.
b. Loud equipment shall be kept as far as possible from residences at all
times.
c. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
e. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
9. All construction, paving, striping, landscaping, lighting and recreational facilities
shall be completed by September 5, 2007.
10. In addition to any other remedies, the developer or owner shall pay an
administrative fee of $750 per violation of any condition of this approval.
11. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if
the building or structure for which the conditional use permit is granted is removed.
12. Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) prior to issuance of a building permit.
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 9
13. Approval of a Building Permit, which may impose additional requirements.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 10
VARIANCE
RESOLUTION NO. 06- 145
RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-166(g)(8), (9) AND (11)
OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A REAR YARD
SETBACK VARIANCE FROM 25 FEET TO 21 FEET AND SIDE YARD SETBACKS
VARIANCES FROM 20.5 FEET AND 18 FEET TO 15 FEET FOR PROPERTY
LOCATED IN THE R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AT 3125
INGLEWOOD AVENUE SOUTH
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Andrew Brenner has applied for variances from Sections 36-166(g)(8), (9) and (11) of the
Ordinance Code relating to zoning to permit a rear yard setback Variance from 25 feet to
21 feet and side yard setbacks Variances from 20.5 feet and 18 feet to 15 feet for property
located in the R-4 Multi-Family Residential District at the following location, to-wit:
Lots 12 and 13, Block 5, “Manhattan Park, Minneapolis, Minnesota”
2. On July 19, 2006 the Planning Commission held a public hearing, received testimony
from the public and discussed the application. The motion to recommend approval of the
variances failed on a tie vote of 3-3.
3. The Planning Commission has considered the effect of the proposed variance upon the
health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, the effect on values of property in
the surrounding area, and the effect of the proposed variances upon the Comprehensive
Plan.
4. Because of conditions on the subject property and surrounding property, it is possible to
use the property in such a way that the proposed variances will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, endanger the public safety, unreasonably
diminish or impair health, safety, comfort, morals, or in any other respect be contrary to
the intent of the Zoning Ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or
structures in the district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to
the applicant, but is necessary to alleviate demonstrable hardship or difficulty.
St. Louis Park Council Meeting
Item: 090506 - 8a - Inglewood Condominiums CUP And Variances
Page 11
7. The lot is comprised of two underlying platted parcels of different depths. The proposed
building is 27.5 feet from the rear lot line on the north side, but only 21 feet from the rear
lot line on the south side. The proposed rear setback is reasonable.
8. The lot is 80 feet wide. The required side yard setbacks take up a large portion (45%) of
the lot width. The proposed side yard setback variances are modest and reasonable in
order to achieve the allowable residential density and accommodate a building and site
design that suit the site and neighborhood.
9. The proposed site and building design have many desirable qualities, including a low-
profile building, the building takes advantage of the existing topography to provide a tuck
under garage entrance, off-street parking and trash storage are contained underground,
and the plan provides more permeable surface and designed outdoor recreation area than
required by ordinance.
10. The contents of Planning Case File 06-45-VAR are hereby entered into and made part of
the public hearing record and the record of decision of this case.
11. Under the Zoning Ordinance, these variances shall be deemed to be abandoned, revoked,
or canceled if the holder shall fail to complete the work on or before one year after the
variances are granted.
12. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the
building or structure for which the variances are granted is removed.
Conclusion
The application for the variances to permit a rear yard setback Variance from 25 feet to 21 feet
and side yard setbacks Variances from 20.5 feet and 18 feet to 15 feet for 3125 Inglewood
Avenue South is granted based upon the finding(s) set forth above.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 1
8b
.
Approve preliminary property tax levy and budget for the 2007 fiscal year, set
Truth-in-Taxation Public Hearing and continuation dates, and approve HRA levy
for taxes payable in 2007
Resolution approving the preliminary property tax levy and budget is required by Truth in
Taxation legislation. Information contained in the resolution will appear on the individual
tax notices prepared by the County.
Recommended
Action:
Motion to adopt resolutions establishing the preliminary tax levy and
budget for 2007, set public hearing and continuation dates for proposed
budget and property tax levy, and approve preliminary HRA levy for
taxes payable in 2007.
BACKGROUND:
The 2007 proposed budget and tax levy were reviewed by the City Council at the July 24th and
August 14th study sessions. By law, the City Council must approve a preliminary tax levy and
budget for 2007 and submit the tax levy certification to the County by September 15, 2006. The
County will mail out parcel specific notices to affected taxpayers after November 10 and on or
before November 24, 2006. Final action on the levy and 2007 budget will not occur until the
second Council meeting in December.
In addition to the general property taxes and the HRA levy, the City will levy to repay debt
service on the 1999 General Obligation (GO) Bonds, 2003 GO Bonds, and 2005 GO Bonds.
PROPERTY TAX LEVY:
For fiscal year 2007, a maximum total levy of $19,626,124 is proposed. The overall maximum
property tax levy increase is proposed at 6%. From this levy increase, 4.75% helps support the
operations of the General Fund, Park and Recreation Fund, the Park Improvement Fund, and the
Pavement Management Fund. The remaining 1.25% of the levy increase is dedicated to the
repayment of GO debt. The allocation of property taxes is indicated in the chart below.
2006 Adopted 2007 Proposed
Percent
Increase
Percent of
Total
General Operations Levy
General Fund 13,092,719$ 13,263,103$
Parks and Recreation Fund 2,887,292 3,596,221
Park Improvement Fund 1,010,000 1,010,000
Pavement Management 415,000 415,000
Total Operations Levy 17,405,011$ 18,284,324$ 5.05%4.75%
Debt Service Levy
1999 GO Bond 326,500$ 331,200$
2003 GO Bond 513,900 514,400
2005 Go Bond 269,800 496,200
Total Debt Service Levy 1,110,200$ 1,341,800$ 20.86%1.25%
Total Property Tax Levy 18,515,211$ 19,626,124$ 6.00%6.00%
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 2
The percent of total levy increase is calculated by taking the difference between the 2007
Proposed levy and the 2006 Adopted levy and dividing by the 2006 total levy.
General Operations ($18,284,324 - $17,405,011) / $18,515,211 = 4.75%
Debt Service ($ 1,341,800 - $1,110,200) / $18,515,211 = 1.25%
TRUTH-IN-TAXATION (BUDGET) HEARING:
Legislative requirements provide that cities must hold a “Truth in Taxation” public hearing prior
to adopting the final budget and tax levy if the proposed increase is greater than the change in the
“Implicit Price Deflator”. For 2006, this figure is 6.4187%. Even though our levy increase is
less than this percentage, staff recommends holding the Truth in Taxation hearing as a public
communication tool. The date set aside for cities to hold their initial hearing for this year is
December 4, 2006 to discuss the proposed 2007 budget and to allow input from the public
regarding their thoughts on the budget and tax levy. Staff also recommends setting December
18, 2006 as a continuation date for the public hearing, if needed.
HRA LEVY:
At the August 14th study session, staff indicated that it recommended continuing the HRA levy.
The HRA levy was implemented for the first time in 2002. The HRA levy is based on market
value. This levy was originally implemented due to legislative changes in 2001 which
significantly impacted future tax increment revenues to be received by the City. When the HRA
levy was first implemented, the Council elected to use the proceeds for future infrastructure
improvements in redeveloping areas. Thus far, some of the HRA levy proceeds have been used
to fund infrastructure studies and analysis for future improvement projects. By law these funds
could also be used for other housing and redevelopment purposes. Given the significant
infrastructure needs facing the City in the future (particularly transportation infrastructure), staff
is recommending that the HRA levy continue for the 2007 budget year and that the Council
continue to set aside these funds for future infrastructure purposes.
The EDA, as well as the City Council, is required to approve this levy. As outlined in the
resolution, the HRA levy cannot exceed .0144 percent of the taxable market value of the City.
As of August, 2006, the market value of the City is $5,160,310,900. This market value allows
the City to levy $743,084 in 2007. In 2006, the allowable levy amount was $641,106.
The proposed 2007 levy amount of $743,084 is an increase of $101,978 from 2006, which is a
result of increased taxable market valuation. Staff will review market values prior to final
certification in December. The levy amount is included as part of the Development Fund budget.
Levy proceeds are to be used for infrastructure improvements in redevelopment areas.
NEXT STEPS:
Staff will continue to refine the budget numbers and review the 2007-2011 Capital Improvement
plans with the City Council during October and November. Council has the option of reducing
the property tax levy after the initial certification; however it cannot be increased. Based on
previous Council direction, staff intends on bringing to the City Council a proposed budget and
levy which will result in a final levy of less than the maximum 6% which is recommended for
adoption at this time.
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 3
Modifications in the budget document will be proposed by staff as we proceed with further
review and analysis prior to December. These changes will be designed to make the budget
more consistent with the financial reporting that is made in conformity with Generally Accepted
Accounting Principles (GAAP). Staff will verify this consistency with Abdo, Eick, & Meyers,
the city’s auditing firm.
BUDGET TIMELINE:
September 15 Certification of tax levy and budget to County
September – November Study session(s) on proposed budget and related issues
October – November Presentations for Business Council, neighborhoods, and other
community groups as requested
November 30 Notice of Truth in Taxation published
December 4 Truth in Taxation Hearing
December 18 Continuation of Public Hearing (if necessary), and Council
adoption of 2007 property tax levy, HRA levy, and budget
December 28 Certification of tax levy and other required forms
Attachments: Resolutions
Prepared By: Bruce M. DeJong, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 4
RESOLUTION NO. 06-146
RESOLUTION APPROVING PROPOSED 2007 TAX LEVY,
APPROVING PRELIMINARY BUDGET FOR 2007, AND SETTING PUBLIC
HEARING DATE FOR PROPOSED BUDGET AND PROPERTY TAX LEVY
WHEREAS, The City of St. Louis Park is required by Charter and State law to approve a
resolution setting forth an annual tax levy to the Hennepin County Auditor; and
WHEREAS, Minnesota Statutes require approval of a proposed property tax levy and a
preliminary budget on or before September 15th of each year; and
WHEREAS, the City Council has received the proposed budget document;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Louis Park
that the preliminary 2007 budget shall be as follows:
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 5
And as supported by the proposed budget document; and
BE IT FURTHER RESOLVED, that the Public Hearing required by Truth in Taxation
legislation will be held on December 4, 2006; and
BE IT FURTHER RESOLVED, that the City Council of the City of St. Louis Park, Hennepin
County, Minnesota, that the following sums of money be levied for collection in 2007 upon the
taxable property in said City of St. Louis Park for the following purposes:
Revenues:Ependitures:
General Property Taxes 16,859,324$ General Government:
Licenses and Permits 2,622,500 Administrative/Legislative 994,414
Intergovernmental 1,686,178 Communications & marketing 219,231
Charges for Services 2,124,549 Community Outreach 124,293
Fines, Forfeits and Penalties 309,600 Human Resources 569,212
Investment Earnings 300,660 Technology and Support Services 1,506,837
Miscellaneous 935,061 Finance 1,062,107
Transfers In 2,761,250 Community Development 1,027,771
Facilities Maintenance 1,120,726
TOTAL REVENUES:27,599,122$ Total General Government:6,624,591
Public Safety:
Police 6,687,106
Fire Protection 2,758,322
Inspectional Services 1,791,444
Total Public Safety 11,236,872
Department of Public Works:
Public Works Administration 801,387
Engineering 747,102
Operations 2,297,378
Total Public Works 3,845,867
Park & Recreation:
Organized Recreation 1,223,654
Recreation Center 1,320,800
Park Maintenance 1,369,089
Westwood 452,235
Environment 277,112
Vehicle Maintenance 1,004,234
Total Park & Recreation 5,647,124
General & Contingency: 180,000
TOTAL EXPENDITURES:27,534,454$
Net Revenue Over (Under) Expenditures 64,668$
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 6
General Fund 13,263,103$
Park and Recreation Fund 3,596,221
Park Improvement Fund 1,010,000
Pavement Management 415,000
GO Debt Service 1,341,800
Total 19,626,124$
And
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota
and to the Local Government Aids/Analysis Division, Department of Revenue, State of
Minnesota as required by law.
Reviewed for Administration Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 090506 - 8b - Preliminary Property Tax Levy
Page 7
RESOLUTION NO. 06-147
RESOLUTION AUTHORIZING THE HRA LEVY FOR 2007
WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA
Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic
Development Authority (the "Authority"); and
WHEREAS, pursuant to the EDA Act, the City Council granted to the Authority all of
the powers and duties of a housing and redevelopment authority under the provisions of the
Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and
WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a
tax upon all taxable property within the City to be expended for the purposes authorized by the
HRA Act; and
WHEREAS, such levy may be in an amount not to exceed 0.0144 percent of taxable
market value of the City; and
WHEREAS, the Authority has filed its budget for the special benefit levy in accordance
with the budget procedures of the City; and
WHEREAS, based upon such budgets the Authority will levy all or such portion of the
authorized levy as it deems necessary and proper;
NOW, THEREFORE, BE IT RESOLVED, by the St. Louis Park City Council:
1. That approval is hereby given for the Authority to levy, for taxes payable in 2007,
such tax upon the taxable property of the City as the Authority may determine, subject to the
limitations contained in the HRA Act.
Reviewed for Administration: Adopted by the City Council September 5, 2006
City Manager Mayor
Attest:
City Clerk