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HomeMy WebLinkAbout2006/10/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 3, 2006 7:30 PM 7:30 p.m. CITY COUNCIL MEETING 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Sponsorship Parks and Recreation 3. Approval of Minutes 3a. Study Session Minutes of September 11, 2006 3b. City Council Minutes of September 18, 2006 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Elmwood Village in the Park II - Preliminary Planned Unit Development (PUD) and Preliminary Plat Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case No.: 05-77-PUD & 05-78-S Recommended Action: • Motion to adopt Resolution approving the Preliminary Planned Unit Development (PUD), subject to conditions as recommended by Planning Commission and staff. • Motion to adopt Resolution approving the Preliminary Plat for Elmwood Village 2nd Addition, subject to conditions as recommended by Planning Commission and staff. 8b. Update on Community Foundation, Vision St. Louis Park, and Southwest LRT Study - Jim Brimeyer Recommended Action: No formal action necessary 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 OCTOBER 3, 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 authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $79,600.00 4b. Motion to adopt a resolution appointing student election judges and additional regular election judges to staff the polls at the General Election November 7, 2006. 4c. Motion to adopt a Resolution approving the Final Plat of Hoigaard Village 2nd Addition 4d. Motion to adopt a Resolution approving a Minor Amendment to the Planned Unit Development for Hoigaard Village 4e. Motion to approve the Amendment to the Vehicle Towing and Impounding Agreement between the City and All Hours Towing. 4f. Motion to approve the Lease Agreement with All Hours Towing for a portion of 5100 Park Glen Road for use as a towing and impound lot. 4g. Motion to designate Jay Bros., Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $59,322.50 for the Edgebrook Park Trail Connection – City Project No. 2004-0301 4h. Motion Restating Resolution Authorizing Award of the 2006 St. Louis Park Arts and Culture Grants. 4i. Motion approving the Cooperative Agreement between Hennepin County, Three Rivers Park District, and the City of St. Louis Park for the CSAH 25 Pedestrian and Bicycle Bridge and authorizing the Mayor and City Manager to execute the Agreement. 4j. Motion to adopt Resolution Imposing Civil Penalty for Liquor License Violation at Park Tavern Lounge and Lanes according to the recommendation of the City Manager. 4k. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 5551 West Lake Street, St. Louis Park, MN 55416, amending and restating Resolution No. 06-069. 4l. Motion to Approve Planning Commission Minutes of August 16, 2006 4m. Motion to Approve Vendor Claims For Filing (supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***October 3, 2006*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park Council Meeting Item: 100306 - 2a - Sponsorship Parks And Recreation Page 1 2a. Recognition of Sponsors of Parks and Recreation Programs BACKGROUND: Staff has been working with several businesses in our community to donate money toward programs and special events in our community. Many businesses have responded by donating products and money. Staff would like to present our sponsors who have donated $1,000 or more with a certificate of appreciation at the council meeting. BUSINESSES BEING GIVEN CERTIFICATES: At the Council meeting on October 3, the following businesses will be recognized for their donations; RLK Incorporated, AAA Minneapolis, Sam’s Club of St. Louis Park, Target Corporation, Park Nicollet Heart and Vascular Center, and Excelsior and Grand. Many other businesses in our City donate money and provide product to help make our programs successful. Those contributors are also thanked for their donations. This certificate provides recognition to those who make a significant contribution by providing $1,000 or more. Michelle Margo, Recreation Program Supervisor, will be present at the meeting to assist the Mayor in presenting the awards. Prepared by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 3a - Study Session Minutes Of September 11, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION September 11, 2006 The meeting convened at 7:00 p.m. Councilmembers present: Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Councilmember Carver arrived at 7:30 p.m. Councilmember Basill was absent. Staff present: Deputy City Manager (Ms. Gohman); Fire Chief (Mr. Stemmer); Battalion Chief (Mr. Windschitl); City Attorney (Mr. Scott); Police Captain (Mr. DiLorenzo); Director of Inspections (Mr. Hoffman); and Recording Secretary (Ms. Samson). Guests from BKV Group: David Kroos, Ted Redmond, and Greg Van Sickle. 1. Fire Station Preliminary Analysis Mr. Redmond from BKV Group presented the preliminary analysis of Fire Stations #1 and #2. Councilmember Paprocki asked about the fire station lifespan. Mr. Redmond said the lifespan is dependent upon how the fire station is constructed and the materials used; a 30-75 year lifespan is typical, and it depends on equipment and building requirements. Mr. Redmond said BKV Group is about 70% through the Fire Station Needs Assessment Study Status Report, dated September 1, 2006. The final step will be to take the facility audit information and the space needs information, and diagram some options on how to meet needs. Councilmember Sanger questioned does the city really need two fire stations. Deputy City Manager Nancy Gohman said that will be determined down the road. Director of Inspections Brian Hoffman said the Status Report is anticipated to be completed by the end of October and is being done to assess needs for the existing buildings and to determine future Fire Department operational needs. Mr. Hoffman said one station may be a possibility, there may be building and cost consolidation and there is a service component, i.e., what is the travel time. Mr. Hoffman continued, for now, it is being determined what the city has with the current buildings and what does the city need. Councilmember Finkelstein asked if a back up plan would be necessary, e.g., storage space. Mr. Redmond said an apparatus bay issue would be to address adequate training space to provide in- service training for firefighters, which could also serve as an emergency operation center. Chief Stemmer said BKV Group is aware of the fire department’s needs. Councilmember Finkelstein said there is a need for gender areas. St. Louis Park Council Meeting Item: 100306 - 3a - Study Session Minutes Of September 11, 2006 Page 2 Councilmember Sanger said it might be a good time to think about the potential for merging departments to share services, e.g., Edina. Councilmember Sanger said perhaps Council could begin a policy exploration to see if it would make sense. Chief Stemmer said new relationships are being forged. In regard to the infrastructure of the fire stations, Mr. Redmond said a merging of departments may reflect certain staffing scenarios but for the fire stations it tends to be driven by depth of coverage and fire risk, and every property can be accessed within a certain period of time. Mr. Redmond said the audit report will be completed soon. Councilmember Carver arrived at 7:30. Mr. Redmond said the next steps will be to finalize the building audit and produce the related cost estimates. There will be a final report at the end of October and a presentation in early November. Councilmember Paprocki asked about general city storage. Mr. Hoffman said staff would like to consolidate city storage and staff is looking at that. Councilmember Omodt asked about the cost to build a new station. Site visits for the Council will be arranged. Mr. Redmond said BKV Group will identify various fire stations such as satellite stations and main stations, which would include administration areas. 2. Proposed Impound Lot Ms. Gohman introduced the staff report and invited questions. Councilmember Sanger asked about the significant estimated cost for constructing the proposed impound lot. After his arrival, Economic Development Coordinator Greg Hunt said the city has an obligation to contribute. Councilmember Sanger also asked about installing privacy fencing. Mr. Hunt said he will return with a lease agreement. Mayor Jacobs, Councilmember Omodt and Councilmember Finkelstein indicated to staff to move forward. 3. Flame Metals Update Council and staff discussed Flame Metals. 4. Future Study Session Agenda Planning Ms. Gohman and the Council discussed study session agenda planning. The meeting ended at 8:45 p.m. ______________________________________ ______________________________________ City Clerk Mayor 3 St. Louis Park Council Meeting Item: 100306 - 3b - City Council Minutes Of September 18, 2006 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 18, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:33 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present: Associate Planner (Mr. Fulton), City Clerk (Ms. Stroth), City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Engineer (Mr. Brink), Community Development Director (Mr. Locke), Environmental Coordinator (Mr. Vaughan), Housing Program Coordinator (Ms. Larsen), Housing Supervisor (Ms. Schnitker) and Recording Secretary (Ms. Stegora- Peterson). 2. Presentations Mayor Jacobs discussed Bookmark in the Park. 2a. Evergreen Awards Mr. Vaughan presented Evergreen Awards to Greg and Lauren Biehl, 5917 Minnetonka Blvd, and David Engelbert, 3844 Kipling Ave S. 3. Approval of Minutes 3a. City Council Minutes of September 5, 2006 The minutes were approved as presented. 3b. Study Session Minutes of August 28, 2006 Councilmember Finkelstein requested the following be inserted on page one, after the first paragraph of item #1: “Councilmember Finkelstein noted the Planning Commission was coming up with a more passive use of open space. This was an issue that the City Council had been talking about doing since they realized the parks and open space needed more protection. In addition to make it work, he noted the draft ordinance needed to cover not just sales of park land, but also transfers, leases and joint ventures. The Council asked that be added to the draft ordinance.” Councilmember Sanger indicated on page two, last paragraph, to add “staff had not provided the Council with the minutes of the Planning Commission meeting, so it was not clear why the Planning Commission had made the recommendation to have both passive space and park space districts. Therefore, she thought it was premature to make the decision until they had the benefit of the Planning Commissions analysis of the subject.” St. Louis Park Council Meeting Item: 100306 - 3b - City Council Minutes Of September 18, 2006 Page 2 On Page three, paragraph six, after the first sentence insert, “She again pointed out that permitting construction on this site could threaten the adjacent wetland and contribute to flooding problems in the area and it would require the removal of two large oak trees.” Councilmember Basill indicated on page three, paragraph five, he was unsure if he authored that and requested the tape be reviewed for accuracy. The minutes were approved as amended. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve a contract with Three Rivers Park District to clear and remove snow from the LRT and Cedar Lake Extension Trails through the City of St. Louis Park for 2006-2007 winter season. 4b. Approve Proposed Antenna Termination with Verizon Wireless LLC (Verizon) - City Contract No. 4143. 4c. Resolution No. 06-148 adopting revised procedures for City Boards & Commissions. 4d. Resolution No. 06-149 establishing a special assessment for the installation of a fire suppression sprinkler system at 4611 Excelsior Blvd., St. Louis Park, MN 55416. 4e. Bid Tabulation: Designate Concrete Idea, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $71,880.50 for the Sidewalk Maintenance and Improvement Project – City Project No. 2006- 0005. 4f. Bid Tabulation: Designate Bituminous Roadways, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $62,068.00 for the Edgebrook Park Trail Connection – City Project No. 2004- 0301 4g. Resolution No. 06-150 Final Payment of EnCom Midwest – Water Treatment Plant #10 2004-1300 4h. Approve Out-of-State Travel for Mayor Jeff Jacobs September 27-28, 2006. 4i. Police Advisory Commission Minutes of July 12, 2006 4j. Park and Recreation Commission Minutes of April 19, 2006 Mr. Harmening requested consent item 4f be removed from the consent agenda and brought back to Council at the October 3rd meeting. It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 7-0. St. Louis Park Council Meeting Item: 100306 - 3b - City Council Minutes Of September 18, 2006 Page 3 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing to consider granting an On-Sale Intoxicating Liquor License with Sunday sales for Granite City Food & Brewery Ltd., dba Granite City Food & Brewery located at 5500 Excelsior Blvd. in St. Louis Park. Ms. Stroth presented the staff report. Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Basill, seconded by Councilmember Paprocki to approve on-sale intoxicating liquor license with Sunday sales to Granite City Food & Brewery Ltd., dba Granite City Food & Brewery. Councilmember Omodt noted the City Council recently took measures to double the fines for liquor violations for selling to kids. Selling liquor to kids had no part in the community and this was a friendly reminder. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. City Engineer’s Report - CSAH 25 Ped Bridge, Project No. 2005-2100 Resolution No.06-151 Mr. Brink presented the staff report. Councilmember Sanger believed it had been a long time coming to get a safe way for people to cross Highway 25. She looked forward to a large parade to inaugurate it. Councilmember Basill indicated this was moved as close to the intersection as it possibly could with the land available. It was shifted down so people from Ottawa could use it. It would serve the trail and residents well and was overdue. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No.06-151 ordering Improvement Project No. 2005-2100, approving plans and specifications, and authorizing advertisement for bids. Mayor Jacobs recalled in 1991 a boy named Dominick Perede was killed there trying to cross this road. He was happy they finally had a safer way for everyone to cross and thanked everyone involved with the process. Councilmember Finkelstein complimented the people involved. The motion passed 7-0. St. Louis Park Council Meeting Item: 100306 - 3b - City Council Minutes Of September 18, 2006 Page 4 8b. Minikahda Mobile – Minor Amendment to a Special Permit, Location: 3901 Excelsior Boulevard Resolution No. 06-152 Mr. Fulton presented the staff report. Councilmember Omodt asked about the hours of operation for noise reasons and traffic flow? Mr. Fulton replied in the resolution there is a requirement that follows the same standards found in the City noise ordinance, which would be no operation between the hours of 10 PM and 7 AM on weekdays and 10 PM and 9 AM on weekends. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 06-152 approving a Minor Amendment to a Special Permit for converting the motor vehicle service area to a car wash. The motion passed 7-0. Councilmember Basill commented he was pleased to see the other things staff worked in with the owner and the architect. It would be nice to see new landscaping and improvements at the site. 8c. PRESENTATION - Move Up in the Park Program Update Ms. Schnitker and Ms. Larsen presented the report. Mayor Jacobs believed this program provided good value and was a remarkably successful program, which put a good investment put back into the community and is doing a lot of positive things in the community. Councilmember Basill thanked staff for their work. There are eight components to this program and staff had worked hard and done a wonderful job. This is a complete program. Every house that can keep a family makes a difference for the community. Councilmember Finkelstein noted that not all of the programs have income limitations. For some of the subsidized housing there are family income limits, but the architectural services and remodeling advisor does not have an income limit. 9. Communications Mayor Jacobs thanked volunteers who helped with the Fall Music Festival. There will be a book reading and other events at the Rec. Center on October 7th for Bookmark in the Park. The author of Bridge to America, Linda Glaser, will be in attendance. 10. Adjournment The meeting adjourned at 8:33 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park Council Meeting Item: 100306 - 4a - Bid Tab 2006 GAC Purchase For Water Treatment Plants 1&4 Page 1 4a. Motion to authorize execution of a contract with Calgon Carbon Corporation for the purchase of Granular Activated Carbon in the amount of $79,600.00 BACKGROUND: Granular Activated Carbon (GAC) Treatment Plants are located at 2935 Jersey Avenue (Water Treatment Plant No. 1) and at 4701 W. 41st Street (Water Treatment Plant No. 4). These plants came on line in 1986 and 1993, respectively. These GAC plants treat drinking water contaminated by the Reilly Tar and Chemical Plant. This treatment is effective in removing polynuclear aromatic hydrocarbon (PAH) contaminants. The GAC absorbs the PAH’s as the contaminated water passes through the filters. The GAC eventually becomes loaded with the PAH particles, is no longer effective in the removal of the PAH’s, and must be replaced. The GAC treated water is continually monitored to measure the amount of PAH’s removed. When the level of PAH’s in the treated water increases to the Drinking Water Advisory Level, the GAC has to be scheduled for replacement. Based on years of experience, the replacement of the GAC is now done annually at these plants. Bids were received on September 21, 2006 for the supply and regeneration of GAC for Water Treatment Plants No. 1 and 4. An advertisement for bids was published in the St. Louis Park Sun-Sailor on August 24, 2006. Specification and bid documents were sent to Calgon Carbon Corporation and Norit Americas, Inc. which are the only two qualified suppliers of GAC. A summary of the bid results is as follows: Bidder Bid Amount Calgon Carbon Corporation $79,600.00 Norit Americas, Inc. NO BID FINANCIAL CONSIDERATIONS: The bid amount of $79,600.00 reflects an increase from past costs essentially due to significantly increased production and delivery costs (last years approved bid was $69,568.00). The production of the GAC is an energy intensive process and, combined with increased trucking fuel costs, have significantly contributed to the GAC increase this year. The funding source for this bid is the Water Fund. RECOMMENDATION: Staff recommends that the contract be awarded to the low bidder, Calgon Carbon Corporation for the contract amount of $79,600.00. Prepared by: Scott Anderson, Utilities Superintendent Reviewed by: Michael Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 – 4b – Resolution Appointing Additional Judges and Students Page 1 4b. Motion to adopt a resolution appointing student election judges and additional regular election judges to staff the polls at the General Election November 7, 2006. BACKGROUND: On August 7, Council adopted Resolution No. 06-130 appointing judges for the Primary and General elections of 2006. Since that time, staff has worked with St. Louis Park and Benilde/St. Margaret’s High Schools to recruit and train student election judges. We are pleased at this opportunity to work with students at this election. The attached resolution appoints 77 of those students to serve on November 7. In addition to the students, several new regular election judges have been recruited to work at the polls on Election Day, and those names are also being presented for approval with this resolution. The addition of students and additional election judges brings the total number serving to 300. We will also be accommodating judges who unable to work the entire 15-18 hour day, by offering some half day shifts We are expecting a large voter turnout and are working to accommodate this at the precincts. The voter turn out for the Primary Election was near 20% which is very high for a Primary Election. The number of voters currently registered in St. Louis Park is 30,468 and we are expect more will register to vote at the polls on Election Day. RECOMMENDATION: Staff recommends approval of the attached resolution appointing student judges and additional election judges to work at the upcoming election. Attachments: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager St. Louis Park Council Meeting Item: 100306 – 4b – Resolution Appointing Additional Judges and Students Page 2 RESOLUTION NO. 06-155 RESOLUTION APPOINTING STUDENT ELECTION JUDGES AND ADDITIONAL REGULAR JUDGES TO SERVE AT THE GENERAL ELECTION OF NOVEMBER 7, 2006 WHEREAS, The 2006 General Election is to be held on November 7, 2006 and the City must act to appoint judges of the election by resolution of the City Council; and WHEREAS, Resolution No. 06-130 was adopted on August 7, 2006; and WHEREAS, student judges have been recruited as well as additional judges need to staff the polls on Election Day: NOW THEREFORE BE IT RESOLVED, that in addition to the persons appointed by Resolution 06-130, the following persons have agreed to serve as Student Trainee Election Judges. First Name Last Name Nathan Arne Carrie Barton Justin Berrett Patrick Brown Daniel Cruikshank Molly Davis Antwon Davis Ka’lon Dean Chase Edelstein Annelise Eeman Arriel Elizur Nicole Foley Joe Foster Corrine Fourrier Paul Frling John Galt Mark Gerold Elizabeth Gibbs Michael Goitom Abreha Amy Goldfine Avi Golstein Meghan Gordon Daniel Guerin Tom Harm Anisa Hay Evan Hendrickson Jake Hodge First Name Last Name Guled Ibrahim Sonja Johnson Keith Johnson Tara Jones Catie Kayser Sarah Kennedy Kevin Keraka Stephen Larson Molly Leary Rachel Merry Mark Miller Pete Moloney Joe Monsoor Samantha Morgan Majra Mucic Sarah Nash Joey Nathanson Peter Neraaseen Fatuma Nor Peter Nulsen David Nulsen Cal Ohliger Justin Paquette Sarah Parke Chris Perrin Sarah Phimister St. Louis Park Council Meeting Item: 100306 – 4b – Resolution Appointing Additional Judges and Students Page 3 Student Judges Continued First Name Last Name John Powell Anne Quan Eric Rahman Hepzibah Rapoport Abbi Rawls Scott Reid Shannon Reilly Stephan Runyon John Schumacher Nicholas Schwartz Kate Sefton Rachel Silberman First Name Last Name Nick Smith Jon Smith Cody Stroad Jacob Sulzle Kyle Thomas Christine Thompson Elianna Thorne Erik Thune Jesse Vallera Brandon Veber Andrew Waller LaToya Williams LET IT BE FURTHER RESOLVED that the following persons are hereby appointed as additional regular election judges Precinct First Name Last Name 1 Amy Bagne 1 Ilse Mortensen 2 Margaret Knudson 2 Bill Allen 3 Doris Robitz 4 Linda Grisim 5 Vern Miller 5 Angela Ramsperger 5 Roger Strand 6 Molly Gormley 6 Don Carlson 7 Irene Thoennes 7 Thomas Babcock 7 Jan Bloom 7 Orekand Thornsjo 8 Karen Bunsness 9 Deb Bjorgaard 9 Mark Ennenga 9 Tim Beard 10 Ryan Shelton 10 Serena Mackey 11 Francis Schmit Precinct First Name Last Name 12 Mary Schultz 13 Jill Swan 14 Joan Lee 14 Joan Bussen 14 Juliann Tarsney 14 Jo Ridgeway 15 James Collins 16 Max Addis 17 Doris Daggett ALT Susan Cochran ALT Maryann Drabelis ALT Helen Eisel ALT Geraldine Ernst ALT Wenda Gallice ALT George Micheal ALT S. Grossman ALT Jan Kleinman ALT Patricia Kremer ALT Laura Nygren ALT Jenny Quattlebaum ALT John Ryan ALT Jessica Smith-Johnston St. Louis Park Council Meeting Item: 100306 – 4b – Resolution Appointing Additional Judges and Students Page 3 Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4c - Resolution Final Plat To Hoigaard Village Second Addition Page 1 4c. Motion to adopt a Resolution approving the Final Plat of Hoigaard Village 2nd Addition BACKGROUND: Union Land II, LLC requests approval of the Final Plat for Hoigaard Village. Approval of the Final Plat would complete the required platting for the Hoigaard Village development. The Final Plat for the second phase of the development includes the area wide stormwater pond, 22 rowhouses, and a 220-unit apartment building. The Preliminary Plat for the entirety of Hoigaard Village was approved by the Council in November, 2005. This was followed be approval of the Final Plat for Phase I of the development in February, 2006. The first phase includes a 74-unit mixed-use condominium building on West 36th Street and a 58-unit condominium building on West 35-1/2 Street. The developer presently requests approval of the Final Plat for the second phase of the development. This Plat, to be known as ‘HOIGAARD VILLAGE 2ND ADDITION’ will include the creation of four new lots from two existing lots. Drainage and utility easements have been provided as requested by Engineering Staff. The developer has provided plans that demonstrate the location of future sidewalks, complying with the requirements of the Subdivision Ordinance. RECOMMENDATION: The submitted final plat is consistent with the approved preliminary plat and meets all plat requirements. Staff recommends adoption of a Resolution approving the Final Plat. Attachments: Resolution approving the Final Plat of Hoigaard Village 2nd Addition Final Plat Documents (supplement) Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4c - Resolution Final Plat To Hoigaard Village Second Addition Page 2 RESOLUTION NO. 06-156 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF HOIGAARD VILLAGE 2ND ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Union Land II, LLC, owners and subdividers of the land proposed to be platted as Hoigaard Village 2nd Addition have submitted an application for approval of 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 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: Parcel C: 3550 Highway 100 South A tract of land comprising Lots 10 to 34, inclusive, Block 26, “Rearrangement of St. Louis Park” and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, “Rearrangement of St. Louis Park” and the vacated alley in said Block 75; all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26; Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, “Collins’ Addition to St. Louis Park”; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all described as follows: Beginning at the Southwest corner of Block 26, “Rearrangement of St. Louis Park”; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, “Rearrangement of St. Louis Park” ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly right-of-way line to the Northwesterly line of said Block 14, “Collins’ Addition to St. Louis Park”; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Conclusion 1. The proposed final plat of Hoigaard Village 2nd Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: St. Louis Park Council Meeting Item: 100306 - 4c - Resolution Final Plat To Hoigaard Village Second Addition Page 3 a. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. b. Before a final plat is signed by the City, the developer shall comply with the following requirements: i. A development agreement, as approved by the City Attorney, shall be signed to address landscaping, tree replacement fees, park dedication fees, trail dedication fees, and public art contributions. ii. Submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of the required landscaping improvements. iii. Submit a financial security in the form of cash escrow or letter of credit in the amount of $1,000 to ensure that a Mylar and electronic copy of the final plat is provided. iv. A maintenance agreement for the stormwater pond must be executed between the City and the Developer. v. Condominium association papers must be approved by the City Attorney. c. Developer shall reimburse City attorney’s fees in drafting/reviewing such documents as required in the Final Plat approval. 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 October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 1 4d. Motion to adopt a Resolution approving a Minor Amendment to the Planned Unit Development for Hoigaard Village BACKGROUND: The Final Planned Unit Development (PUD) for the Hoigaard Village development was approved by the City Council in February, 2006. Since that time, site preparation has begun on the first phase of the development along West 36th Street. MINOR AMENDMENT: Modifications to the site plan requiring a minor amendment arose due to changes to the design of the apartment building. The building was redesigned and expanded to improve the layout of the 220 apartment units. A new interior courtyard featuring a pool and landscaping will be provided to residents of the development. No changes are proposed for the number of units, so most zoning requirements, including those related to parking, remain the same as approved in the Final PUD. DORA: The primary modification to the site plan is a reduction in the amount of Designed Outdoor Recreation Area (DORA). DORA has been reduced from 17% to 15.5%. This reduction occurs because of the new layout for the apartment building. The development remains above the minimum DORA requirement of 12%. Staff supports the reduction in DORA because it results in improvements to the trail around the site. Previously, the trail was routed along the west side of the apartment building parking ramp. The new plan features a trail that will traverse along the east side of the parking ramp and east of the stormwater pond. The stormwater pond does not count towards the DORA requirement. The new location of the trail does route it closer to Highway 100, but better incorporates the stormwater pond into the site’s trail system and eliminates stairs that would otherwise have been required to utilize the trail. Highway 100 is located below the grade of the trail and is set back approximately 70’ from the trail. Setbacks: The new design for the apartment building also requires a change to the setback on the building’s east and west sides. The requested changes require a reduction of 13’ from the zoning requirement on the building’s east side, but remains within the zoning requirements on the west side. The building is set on the lot at an angle to the lot line, so only the corner of the building is affected by the setback reduction. The majority of the building’s east side will be set at a distance greater than 47’ from the property line. St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 2 The setback modifications are permitted by the PUD Ordinance, which allows a 0’ setback. The purpose of permitting setback modifications is to improve overall site layout and design while obtaining a development of higher quality than would otherwise be possible on the site. Due to the irregular shape and development type on this site, the setback modifications are appropriate. RECOMMENDATION: Staff recommends adoption of a Resolution approving a Minor Amendment to the Hoigaard Village Planned Unit Development. Attachments: Resolution approving a Minor Amendment to the Hoigaard Village PUD New Site Plan (Supplement) Old Site Plan (Supplement) Revised DORA Calculations (supplement) Prepared by: Adam Fulton, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Required Yards Required by Zoning Code Final PUD Approval Minor Amendment Apartment Building Front 67’ 76’ 76’ West 42’ 92’ 68’ East 47’ 42’ 34’ Rear 25’ 16’ 16’ St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 3 RESOLUTION NO. 06-157 Amends and Restates Resolution No. 06-020 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 06-020 ADOPTED ON FEBRUARY 6, 2006 APPROVING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW SITE PLAN MODIFICATIONS FOR PROPERTY ZONED M-X MIXED USE AND R-C MULTI-FAMILY RESIDENTIAL LOCATED AT 5616 36TH STREET WEST 3550 STATE HIGHWAY NO. 100 SOUTH 3501 XENWOOD AVENUE SOUTH 5626 36TH STREET WEST WHEREAS, Union Land II, LLC has made application to the City Council for a minor amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance code to allow site plan modifications at 5616 36th Street West, 3550 State Highway No. 100 South, 3501 Xenwood Avenue South, and 5626 36th Street West within the M-X Mixed Use and R-C Multi-Family Residential Zoning Districts having the following legal description, to-wit: Parcel A: 3501 Xenwood Avenue South Lots 11 to 23 inclusive, Block 27, “Rearrangement of St. Louis Park” Torrens Parcel B: 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, “St. Louis Park” Abstract Lots 24 and 25, except the South 18 feet of said lots, Block 27, “Rearrangement of St. Louis Park” and Lot 9, except the South 18 feet thereof, Block 27, “St. Louis Park” Torrens Parcel C: 3550 Highway 100 South A tract of land comprising Lots 10 to 34, inclusive, Block 26, “Rearrangement of St. Louis Park” and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, “Rearrangement of St. Louis Park” and the vacated alley in said Block 75; all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26; Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, “Collins’ Addition to St. Louis Park”; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all described as follows: Beginning at the Southwest corner of Block 26, “Rearrangement of St. Louis Park”; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, “Rearrangement of St. Louis Park” ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 4 right-of-way line to the Northwesterly line of said Block 14, “Collins’ Addition to St. Louis Park”; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Parcel D: 5626 36th Street West Lots 6, Block 27, “St. Louis Park Addition” Abstract WHEREAS, the City Council has considered the information related to Planning Case No. 06-60-PUD and the effect of the proposed site plan modifications on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 06-020 of the St. Louis Park City Council dated February 6, 2006 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 06-020, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 05-62-PUD and 06-60-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. Conclusion NOW THEREFORE BE IT RESOLVED that Resolution No. 06-020 (document not filed) is hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property for the purpose of permitting site plan modifications within the M-X Mixed Use and R-C Multi-Family Residential Zoning Districts at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. The mixed-use building along West 36th Street shall have: i. A maximum of 74 residential units. ii. A minimum of 105 enclosed parking spaces. iii. A minimum of 25,000 square feet of retail space. iv. A minimum of 584 square feet of underground bicycle storage space. St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 5 v. Second floor balconies shall remain open. No accessory structures, whether permanent of temporary in nature, shall be allowed. b. The condominium building south of West 35th-1/2 Street shall have: i. A maximum of 58 residential units. ii. A minimum of 103 enclosed parking spaces. c. The row houses shall have: i. A maximum of 22 residential units. ii. A minimum of 44 enclosed parking spaces. d. The apartment building shall have: i. A maximum of 220 residential units. ii. A minimum of 180 enclosed parking spaces. 3. Modifications to the Zoning Code are approved as follows: a. Setback modifications as shown on the official site plan, allowing deductions in setback requirements outlined in the staff report. b. A 15% reduction from the required off-street parking spaces. 4. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to provide the site for the regional stormwater pond and pay 25% of the cost of its construction. b. Developer agrees to contribute $85,000 for public art in the central green area and along 36th Street West. c. Developer agrees to provide at least 17% of the development for Designed Outdoor Recreation Area. d. Developer agrees to hold harmless the City and remediate any environmental contamination found on any part of the redevelopment site. e. Developer agrees to place any on-site utilities underground. f. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West. g. Developer agrees to provide a snow-removal agreement with the City to ensure all snow is removed to an off-site location during major snow events. 5. 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. A staging plan for demolition and construction shall be filed with the City. d. All necessary permits must be obtained. 6. Prior to the issuance of a building permit for the Mixed-Use Building along 36th St. W. and the Condominium Building south of 35-1/2 St. W., the developer shall: a. Sign a Development Contract b. Financial guarantees shall be in place. c. Building and architectural screening materials samples and colors must be submitted to an approved by the Zoning Administrator. St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 6 7. Prior to the issuance of a building permit for the rowhouses or apartment building, the developer shall: a. Obtain all necessary approvals, including approval of the final plat for this phase of the redevelopment. b. Remove the smokestack and any related contamination. c. Complete any necessary environmental remediation. d. Remove the billboard located on the site. e. Building and architectural screening materials samples and colors must be submitted to an approved by the Zoning Administrator. 8. Prior to receiving a Certificate of Occupancy, as-built drawings of the relocated public utilities shall be submitted to and approved by the Director of Public Works. 9. Fire lanes shall be in accordance with the official exhibits. 10. Any modifications to the site plan resulting from the construction of Highway 100 shall require a Minor Amendment to the PUD. 11. Prior to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. 12. All roof-top equipment shall be screened from off-site views per Ordinance requirements. 13. The following façade design guidelines shall be applicable to all ground floor, non- residential facades located in the Mixed-Use building facing West 36th Street: a. Façade Transparency. Windows and doors shall meet the following requirements: i. For street-facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the sidewalk: i. Display of merchandise. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. St. Louis Park Council Meeting Item: 100306 - 4d - Resolution Minor PUD Amendment To Hoigaard Village Second Addition Page 7 iv. Dining areas may extend beyond the 5 foot maximum, provided a 12 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. 14. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto 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. 15. The Planned Unit Development shall be amended on October 3, 2006 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the official exhibits; such documents incorporated by reference herein. b. In the event of any conflict between the Contract for Private Redevelopment and any Planned Unit Development requirements, the Contract for Private Redevelopment shall prevail. c. The amount of required Designed Outdoor Recreation Area, as required in condition 4 (a) of this document, shall be reduced to 15.5%. d. Setback modifications from condition 3 (a) of this document shall be permitted in accordance with the Official Site Plan approved October 3, 2006. 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. 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. Approval of a Building Permit, which may impose additional requirements. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4e - Amendment To Towing & Impounding Agreement Page 1 4e. Motion to approve the Amendment to the Vehicle Towing and Impounding Agreement between the City and All Hours Towing. BACKGROUND: Currently the Vehicle Towing and Impounding Agreement between the City and All Hours Towing requires that the towing contractor: “agrees to maintain storage facilities large enough to accommodate at least two hundred (200) automobiles at the following location, 3635 Hampshire Avenue South, St. Louis Park, MN 55426,”. The above address is being redeveloped as part of the Highway 7 Corporate Center project. As a result, the City intends to construct a new impound lot on the City’s storage property (the “Water Tower” property”) at 5100 Park Glen Road. Due to space constraints at the Water Tower site the maximum area that can be designated for the impound lot is just over three-fourths of an acre. A tow lot of this size would provide space for only approximately 130 vehicles which would not meet the storage requirement stipulated in the Towing Agreement. The Police Department has expressed that an impound lot that accommodates 130 vehicles would be sufficient for its purposes. In order for All Hours to be in compliance with its agreement with the City an amendment is necessary that adjusts the vehicle storage requirement stipulated in the Towing Agreement. The proposed amendment therefore modifies Section 1 of the Agreement to read that the towing contractor: “agrees to maintain storage facilities large enough to accommodate at least one hundred thirty (130) automobiles, at the following location, 5100 Park Glen Road, St. Louis Park, MN 55416,” All other terms and conditions of the original Agreement would remain unchanged. RECOMMENDATION: The City Attorney and Staff prepared the attached Amendment to the Vehicle Towing and Impounding Agreement with All Hours Towing and recommend its approval. Attachments: Amendment to Towing Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager AMENDMENT TO CITY OF ST. LOUIS PARK VEHICLE TOWING AND IMPOUNDING AGREEMENT (City Contract No. 126-04) The Agreement made as of January 1, 2005, by and between the City of St. Louis Park (“City”) and All Hours Towing, Inc., a Minnesota corporation (“Contractor”) for vehicle towing and impounding services is hereby amended as follows: 1. WORK TO BE PERFORMED The Contractor agrees to perform the following services upon receipt of a specific request from the City: To remove, impound and transport, or tow to storage facilities, all stolen, abandoned, damaged, illegally parked or other vehicles upon proper police request found in the public streets or elsewhere in the City of St. Louis Park. The Contractor also agrees to care for and store all such cars when requested by the City and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees, all in accordance with the provision of the State and City statutes and ordinances and these Contract documents. The Contractor represents that the Contractor has a commitment for and agrees to maintain storage facilities large enough to accommodate at least twoone hundred (200thirty (130) automobiles, at the following location, 3635 Hampshire Avenue South5100 Park Glen Road, St. Louis Park, MN 55426,55416, which is within or not farther than five (5) miles from the corporate limits of the City of St. Louis Park, Minnesota. All other terms and conditions of the Contract should remain in full force and effect. Reviewed for Administration Adopted by the City Council October 3, 2006 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney ALL HOURS TOWING, INC. Dated: By: Its: St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 1 4f. Motion to approve the Lease Agreement with All Hours Towing for a portion of 5100 Park Glen Road for use as a towing and impound lot. BACKGROUND: At the September 11, 2006 Study Session the City Council expressed it’s support for the construction of a City impound lot on a portion of the City’s storage property (located at 5100 Park Glen Road) and the leasing of that lot to the City’s current towing contractor, All Hours Towing. The proposed impound lot will occupy approximately three-fourths of an acre in the northeast corner of the property. TERMS OF PROPOSED LEASE AGREEMENT: Terms of the Proposed Lease Agreement with All Hours Towing for a portion of the City’s property located at 5100 Park Glen Road are as follows: 1. Lease Term. The term of the Lease begins on October 16, 2006 and ends upon expiration of the City Towing Contract (currently December 31, 2009). All Hours will be allowed thirty days after the termination to remove its office trailer and personal property from the Subject Property and otherwise complete its operations. 2. Rent. Two Thousand Two Hundred Fifty and No/100 ($2,250.00) Dollars per month, payable on the first day of each month, with one percent (1%) annual increase on January 1, 2008 and January 1, 2009. 3. Site Improvements. Prior to the Lease commencement date, the City will, at its expense, construct a fenced vehicle storage lot, a paved area designated for customer parking, and related site improvements on the Subject Property in accordance with the Approved Plans agreed to by the parties. The site will also include a location for All Hours’ office trailer which will be moved and permanently attached to the Subject Property for the duration of the lease. 4. Use. All Hours may use the Subject Property for the operation of its towing business. No other use will be permitted without the written consent of the City. 5. Maintenance and Upkeep. All Hours is responsible, at its expense, for maintenance and upkeep of the Subject Property, including fencing, lighting, landscaping, and snowplowing. All Hours is also responsible, at its expense, for maintenance and upkeep of the asphalt customer/employee parking areas and driveways into and out of the Subject Property including sweeping, snowplowing, patching, and seal coating. 6. Utility Charges. During the term of the Lease, All Hours is responsible for all utility charges incurred in the operation, maintenance, and use, of the Subject Property. St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 2 7. Quiet Enjoyment. The City agrees that upon All Hours’ paying the rent, and performing all conditions in the Lease, All Hours may peaceably have and enjoy the Subject Property for the term of this Lease. Upon expiration of the Lease, All Hours is to give the City peaceable possession of the Subject Property, together with its Improvements. 8. Insurance. All Hours will comply with all insurance requirements contained in the City Towing Contract. 9. Indemnification. All Hours will indemnify and hold City harmless from any claims arising out of All Hours’ use of the Subject Property, except to the extent caused by the negligence or willful misconduct of City or its officials, employees, contractors or invitees. 10. MnDOT Acquisition. The parties understand that MnDOT may need to acquire and utilize all or a portion of the Subject Property during the term of the Lease for stormwater ponding purposes. If MnDOT acquires all or a portion of the Subject Property by eminent domain or negotiation, the Lease will terminate six (6) months after the City gives All Hours written notice of MnDOT’s intent to acquire all or a portion of the Subject Property. All Hours will not be entitled to any compensation paid by MnDOT to the City. Additionally, All Hours waives any claims against the City if the termination of the Lease results in the termination of the City Towing Contract because All Hours is unable to locate another site in compliance with the requirements of the City Towing Contract. The City will try to assist All Hours in finding another location. 11. Assignment. All Hours may not assign the Lease without the written consent of the City. RECOMMENDATION: The City Attorney and Staff prepared the attached Lease Agreement with All Hours Towing and recommend its adoption. Attachments: Lease Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 3 LEASE AGREEMENT THIS LEASE (the “Lease”), made as of this ___ day of October, 2006, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the “City”), as Lessor and ALL HOURS TOWING, INC., a Minnesota corporation (“All Hours”), as Lessee. WHEREAS, the City is the owner of the real property located at 5100 Park Glen Road and legally described as ________________________________________________________, Hennepin County, Minnesota (the “Water Tower Property”); and WHEREAS, All Hours has a towing contract with the City that terminates on December 31, 2009 (or earlier for non-performance) (“City Towing Contract”); and WHEREAS, All Hours is in need of a relocation site for its towing and impounding operation; and WHEREAS, the All Hours desires to lease approximately three-fourths of an acre of the Water Tower Property as shown on Exhibit “A” hereto (“Subject Property”) from the City, and the City desires to lease the Subject Property to All Hours, under the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto agree as follows: 1. Demise of Subject Property. Subject to and upon the terms, conditions, covenants and undertakings hereinafter set forth, the City hereby leases to All Hours, and All Hours hereby leases from the City, the Subject Property. 2. Lease Term. The term of this Lease shall commence on October 16, 2006 and terminate upon expiration of the City Towing Contract, except that All Hours shall have thirty (30) days after such termination to remove its office trailer and personal property from the Subject Property and otherwise complete its operations. 3. Rent. The rent for the term of this Lease shall be Two Thousand Two Hundred Fifty and No/100 ($2,250.00) Dollars per month, payable on the first day of each month, with one percent (1%) annual increase on January 1, 2008 and January 1, 2009. 4. Site Improvements. Prior to the Lease commencement date, City will, at its expense, construct a fenced vehicle storage lot, a paved area designated for customer parking, and related site improvements on the Subject Property in accordance with the Approved Plans agreed to by the parties. The site shall also include a location for All Hours’ office trailer which will be moved and permanently attached to the Subject Property for the duration of the lease. 5. Use. All Hours may use the Subject Property for the operation of its towing business. No other use will be permitted without the written consent of the City. St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 4 6. Maintenance and Upkeep. All Hours is responsible, at its expense, for maintenance and upkeep of the Subject Property, including, but not limited to fencing, lighting, landscaping, and snowplowing. All Hours is also responsible, at its expense, for maintenance and upkeep of the asphalt customer/employee parking areas and driveways into and out of the Subject Property including sweeping, snowplowing, patching, and seal coating. 7. Utility Charges. During the term of this Lease, All Hours shall pay or cause to be paid when due all gas, water, steam, electricity, heat, power, sewer, and other charges incurred in the operation, maintenance, use, occupancy, and upkeep of the Subject Property. 8. Quiet Enjoyment. The City covenants that upon All Hours’ paying the rent reserved herein, and performing all conditions and covenants set forth in this Lease, All Hours shall and may peaceably have, hold, and enjoy the Subject Property for the term of this Lease. All Hours covenants that upon expiration of this Lease, it shall give the City peaceable possession of the Subject Property, together with the Improvements constructed thereon pursuant to this Lease. 9. Insurance. All Hours will comply with all insurance requirements contained in the City Towing Contract which are specifically incorporated herein by reference. 10. Indemnification. All Hours will indemnify and hold City harmless from any and all claims, including attorneys’ fees and costs, arising out of All Hours’ use of the Subject Property, except to the extent caused by the negligence or willful misconduct of City or its officials, employees, contractors or invitees. 11. MnDOT Acquisition. The parties acknowledge that the Minnesota Department of Transportation (MnDOT) may need to acquire and utilize all or a portion of the Subject Property during the term of this Lease for storm water ponding purposes. If MnDOT acquires all or a portion of the Subject Property by eminent domain or negotiation, this Lease will terminate in all respects six (6) months after the City gives All Hours written notice of MnDOT’s intent to acquire all or a portion of the Subject Property. All Hours will not be entitled to any compensation paid by MnDOT to the City. Additionally, All Hours waives any and all claims against the City if the termination of the Lease under this section results in the termination of the City Towing Contract because All Hours is unable to locate another site in compliance with the requirements of the City Towing Contract. City will in its sole discretion assist All Hours in finding another location. 12. Assignment. All Hours may not assign this Lease without the written consent of the City. 13. Events of Default Defined. Any one or more of the following events shall be an "Event of Default" under this Lease: (a) Failure by All Hours to pay any payment required to be paid hereunder at the time specified herein; and (b) Failure by either party to observe and perform any covenant, condition or agreement on its part to be observed or performed. St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 5 14. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the nondefaulting party may take, but only upon not less than five (5) days' written notice to the defaulting party, one or any combination of the following remedial steps: (a) If All Hours is in default, the City may: (i) without terminating this Lease, re-enter and take possession of the Subject Property and exclude All Hours from using the Subject Property until the Event of Default is cured; or (ii) terminate the Term of this Lease and exclude All Hours from possession of the Subject Property. (b) Take any action at law or in equity which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant contained herein 15. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 16. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon All Hours and the City and their respective successors and assigns. 17. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by the City and All Hours. 19. Notices and Demands. Except as otherwise expressly provided in this Lease, a notice, demand, or other communication under the Lease by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to such other addresses as either party may notify the other): To All Hours: 5100 Park Glen Road St. Louis Park, Minnesota 55416 To City: City of St. Louis Park Attn: City Manager 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2518 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above written. St. Louis Park Council Meeting Item: 100306 - 4f - Impound Lot Lease Page 6 CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2006, by Jeffrey W. Jacobs and Thomas K. Harmening, the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public ALL HOURS TOWING, INC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2006, by _____________________, the _________________ of All Hours Towing, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public St. Louis Park Council Meeting Item: 100306 - 4g - Edgebrook Park Trail Connection Contract - Project No. 2004-0301 Page 1 4g. Motion to designate Jay Bros., Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $59,322.50 for the Edgebrook Park Trail Connection – City Project No. 2004-0301 BACKGROUND: Making the City a safer and more pedestrian-friendly community was one of the recommendations of Vision St. Louis Park. In response to this suggestion, a city-wide Sidewalk, Trail, Bikeway and Crossing Plan has been developed. This Plan, which has been incorporated into the City’s Comprehensive Plan, identifies areas of the City in need of additional sidewalk, trails or bikeways; and, busy roadway or railroad crossings where pedestrian safety improvements can be made. The final Plan was adopted on July 5, 2000 with some minor changes and revisions since then. In 2004 and 2005 seven new segments identified in the City’s plan were proposed for construction. Six of the segments were constructed. The other segment identified was a connection to the regional trail at the east end of Edgebrook Park. This trail connection will link with the City’s local trail system that runs along South Oak Pond (See attached map). This segment was deferred from the project due to design considerations and the need to make the trail compliant with the American Disabilities Act. A better design was developed which included a retaining wall and other improvements. This resulted in increased costs. Staff chose to solicit the Department of Natural Resources (DNR) for additional grant monies and was successful in receiving an additional $30,000 in funding. Bids were received on September 12, 2006 for the Edgebrook Park Trail Connection Project. The project provides for the construction of an at grade trail linkage at the east end of Edgebrook Park to the Southwest Regional Trail. The proposed project area is located along South Oak Pond to the Southwest Regional Trail. A total of ten (10) bids were received for this project. An advertisement for bids was published in the St. Louis Park Sun-Sailor on August 31, 2006, and in the Construction Bulletin on September 1, 2006. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Jay Bros., Inc. 59,322.50 Bituminous Roadways, Inc. 62,068.00 Sunram Construction, Inc. 64,611.50* FPI Paving Contractors, Inc. 67,900.80 Do-Right Construction 69,913.00* DMJ Corporation 75,369.00 Midwest Asphalt Corporation 85,539.60 Environmental Assoc., Inc. 94,682.00 Valley Paving, Inc. 102,301.00 Hardrives, Inc. 103,388.50 Engineer’s Estimate $72,000.00 *Bid corrected upon extension St. Louis Park Council Meeting Item: 100306 - 4g - Edgebrook Park Trail Connection Contract - Project No. 2004-0301 Page 2 EVALUATION OF BIDS: A review of the bids indicates Jay Bros., Inc. submitted the lowest responsible bid. During staffs review of the low bidder it was discovered that Jay Bros. is currently not eligible to bid on State agency contracts. The City Attorney was asked to investigate this and determine whether Jay Bros. is eligible to bid on local agency contracts. The City Attorney has advised staff that Jay Bros. is eligible to bid on any local government contract. Staff has checked the recent work history of Jay Bros. and has found satisfactory results in all cases. Jay Bros. Inc., has also performed satisfactory work as a subcontractor on a previous city project. Staff recommends awarding this contract to Jay Bros. Inc. in the amount of $59,322.50. FINANCIAL CONSIDERATIONS: At its December 17, 2005 meeting, the City Council adopted a resolution accepting DNR grant monies in the amount of $30,000.00. The remaining funding will come from GO Bonds which have been programmed in the CIP. CONSTRUCTION TIMELINE: Construction is anticipated to begin in late October with the completion likely to carry over to next spring. Attachments: Trail Location Map (supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4h - Restate Resolution To St. Louis Park Arts & Culture Grants Page 1 4h. Motion to Approve Resolution Authorizing Award of the 2006 St. Louis Park Arts and Culture Grants, amending and restating Resolution No. 06-137. 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 seven 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: 100306 - 4h - Restate Resolution To 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. Lenox Little Theatre, who applied for a grant of $7,600, has respectfully declined their reduced SLP Arts & Culture Grant award of $1,246. Initially the review committee recommended using the remaining dollars for reduced or free tickets to theater performance funded through this program. However, the school district approached the city in mid-September about wanting to fund a play around diversity in 2006 that would coincide with Book Mark in the Park and the review committee supports this request. Dollars previously allocated to Lenox Little Theatre ($1,246) would be enough to fund two, perhaps three plays. Staff is recommending that the previously allocated SLP Arts & Culture funds for Lenox Little Theatre be granted to Friends of the Arts for the purpose of helping the school district and the Book Mark in the Park committee contract with a theatre company (likely Mixed Blood Theater) and schedule the performances. St. Louis Park Council Meeting Item: 100306 - 4h - Restate Resolution To St. Louis Park Arts & Culture Grants Page 3 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 seven 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. As the city has an existing funding agreement with Friends of the Arts, staff will work with the Finance Dept. on the details of the additional allocation of $1,246 for programming. Attachments: Resolution Prepared By: Marcia Honold, Management Assistant Approved By: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4h - Restate Resolution To St. Louis Park Arts & Culture Grants Page 4 RESOLUTION NO. 06-158 AUTHORIZING AWARD OF ST. LOUIS PARK ARTS & CULTURE GRANTS TO 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 ST. LOUIS PARK FRIENDS OF THE ARTS AMENDING AND RESTATING RESOLUTION NO. 06-137 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) seven (7) 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. WHEREAS, the Lenox Little Theatre has respectfully declined the City of St. Louis Park’s St. Louis Park Art & Culture Grant award of $1,246, and WHEREAS, Independent School District 283 and Book Mark in the Park have approached the city for funding for culturally sensitive theater that would coincide with this year’s diversity theme, and WHEREAS, St. Louis Park Friends of the Arts is a non-profit organization dedicated to organizing, promoting, and enhancing the arts in St. Louis Park and has agreed to work directly with ISD 283 and Book Mark in the Park on their request. 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 St. Louis Park Council Meeting Item: 100306 - 4h - Restate Resolution To St. Louis Park Arts & Culture Grants Page 5 8. The Lenox Little Theatre is awarded a maximum of $1,246 for tickets sales. 9. St. Louis Park Friends of the Arts is awarded $1,246 for theater performances around diversity, to be coordinated with representatives from ISD 283 and Book Mark in the Park.. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4i - Cooperative Agreement CSAH 25 Ped Bridge Page 1 4i. Motion approving the Cooperative Agreement between Hennepin County, Three Rivers Park District, and the City of St. Louis Park for the CSAH 25 Pedestrian and Bicycle Bridge and authorizing the Mayor and City Manager to execute the Agreement. BACKGROUND: Beginning in 2001, the City of St. Louis Park initiated efforts with Hennepin County and Three Rivers Park District for a trail connection between two regional trails, the Southwest LRT Trail and the Cedar Lake Regional Trail. The need for a crossing and link over CSAH 25 was expressed as essential during a public process as the City developed its city-wide plan for sidewalks and trails. The City continued to work with the other two agencies to secure funding, and determine an appropriate design and location. As a result of those efforts, a design location and cost share agreement were mutually developed and verbally agreed to. In developing a Cooperative Agreement, construction of the bridge, cost participation obligations, ownership, maintenance, and inspection responsibilities have all been assigned. The terms of the Agreement are generally as follows:  The City of St. Louis Park will be responsible for constructing the project  Hennepin County will be responsible for providing $200,000 of funding  Three Rivers Park District will be obligated to contribute $500,000  The City will be responsible for funding the remaining costs  The ownership and maintenance of the bridge will belong to the City of St. Louis Park The project plans were recently approved by the City Council at its September 18, 2006 meeting. Upon final ratification of the Agreement by all three agencies, it is staff’s intent to advertise, open bids, award a contract, and commence construction yet this year. The majority of the project will be constructed and completed in 2007. The Agreement has been reviewed and found to be acceptable by our City Attorney. Prepared by: Scott A. Brink, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4j - Resolution Liquor Violation Park Tavern Page 1 4j. Motion to adopt Resolution Imposing Civil Penalty for Liquor License Violation at Park Tavern Lounge and Lanes according to the recommendation of the City Manager. BACKGROUND: Liquor sting operations were conducted by the St. Louis Park Police Department in May of 2006. Six of the city’s licensed establishments sold liquor to the minor. City Council approved Resolutions imposing civil penalties for five of the establishments August 7, 2006. Park Tavern Lounge and Lanes is the sixth establishment which is subject to action by the City ADMINISTRATIVE PROCESS: An administrative hearing was held to consider the violation. At the hearing the City Manager, City Clerk, and Lieutenant Chad Kraayenbrink reviewed the violation in detail and discussed preventive measures that could be taken to ensure that future violations do not occur. During this hearing the owner of the establishment raised questions regarding the liquor compliance check at his place of business. Action at the hearing was withheld pending further review by the City Manager. After further review by the City Manager it was determined that the imposition of the penalty should still occur. The owner has been informed of this decision COUNCIL APPROVAL: If the City Council concurs with the City Manager’s recommendation, a motion to approve a resolution imposing the administrative penalty is required. Payment of the penalty was received September 27, 2006. If the City Council disagrees with the Manager’s recommendation, a hearing will be scheduled for the Licensee to appear before the City Council for further consideration. Attachment: Resolution Prepared by: Nancy Stroth, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park Council Meeting Item: 100306 - 4j - Resolution Liquor Violation Park Tavern Page 2 RESOLUTION NO. 06-159 RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION OCCURING MAY 22, 2006 AT PARK TAVERN LOUONGE AND LANES 3401 LOUISIANA AVENUE WHEREAS, on May 22, 2006, a liquor license violation, sale of liquor to a minor, occurred at Park Tavern Lounge and Lanes, located at 3401 Louisiana Avenue in St. Louis Park; and WHEREAS, the liquor license violation was the first occurrence at this establishment within the last 3 years; and WHEREAS, the license holder, has stipulated that the incident occurred and was a violation of the city liquor license ordinance Sections 3-73 through 3-75; and WHEREAS, the license holder was informed of the civil penalty process and has agreed to accept the administrative penalty as set by the City Manager and as approved by the City Council. NOW THEREFOR BE IT RESOLVED, that a civil penalty of $1000 is hereby imposed on the license holder pursuant to City Code Section 3-75 payable to the City within 30 days of this action. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4k - Resolution Fire Sprinkler Assessment 5551 W. Lake Page 1 4k. Motion to approve Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 5551 West Lake Street, St. Louis Park, MN 55416, amending and restating Resolution No. 06-069. BACKGROUND: Coty Lowry and Laurie Jacobi, owner(s) of the commercial building at 5551 West Lake Street, had requested the City to authorize the installation of an automatic fire suppression sprinkler system for the commercial building and assess the cost against the property in accordance with the City’s special assessment policy. Council approved Resolution No. 06-069 April 3, 2006 and due to unforeseen costs, additional funding is requested. ANALYSIS: The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. The Building Code requires the installation of a fire sprinkler system due to major remodeling project of the building. The property owner will be hiring a contractor to install the sprinkler system throughout the building and bring it up to compliance with the current code. Based on the proposed work, the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and special assess the cost of the installation. Sprinkler plans have been submitted and approved by City staff. The total eligible cost of the installation was originally determined to be $31,170.00. The revised additional funding being requested is $39,970.00. An Administrative Fee of $200.00 will be added to the special assessment. Staff has determined that adequate funds are available through the Permanent Improvement Revolving Fund to fund this special assessment project. Attachments: Resolution Prepared By: Cary Smith, Fire Marshal Through: Luke Stemmer, Fire Chief Approved By: Nancy Gohman, Deputy City Manager St. Louis Park Council Meeting Item: 100306 - 4k - Resolution Fire Sprinkler Assessment 5551 W. Lake Page 2 RESOLUTION NO. 06-160 RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 5551 WEST LAKE STREET, ST. LOUIS PARK, MN 55416 AMENDING AND RESTATING RESOLUTION NO. 06-069 WHEREAS, Cotty Lowry and Laurie Jacobi commercial property, located at 5551 West Lake Street has petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in the building on the Benefited Property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $39,970.00 4. An administrative fee of $200.00 for processing shall be added to the special assessment. 5. The total special assessment against the property will be $40,170.00. 6. The Property Owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 7. The Property Owners agree to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at four point seventyseven percent (4.77%) interest. St. Louis Park Council Meeting Item: 100306 - 4k - Resolution Fire Sprinkler Assessment 5551 W. Lake Page 3 8. The Property Owners agree to execute an agreement with the City and any other documents necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 4l - Planning Commission Minutes Of August 16, 2006 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA August 16, 2006 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Lynn Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson, Jerry Timian MEMBERS ABSENT: None STAFF PRESENT: Meg McMonigal, Sean Walther, Adam Fulton, Nancy Sells 1. Call to order - Roll Call 2. Approval of Minutes of July 19, 2006 Commissioner Robertson requested that the minutes regarding the condominium proposal at 3125 Inglewood Ave. be modified to indicate that he misspoke regarding accessibility. Commissioner Robertson corrected his remarks by saying that commons areas of the building do need to be accessible and the lower units need to be adaptable. Commissioner Person moved approval of the minutes of July 19, 2006 with Commissioner Robertson’s revision. Commissioner Morris seconded the motion. The motion passed on a vote of 6-0. 3. Hearings: A. Park Assembly of God First Addition – Preliminary Plat Location: 1615 Texas Ave. S., 1847 Texas Ave. S., 7901 18th St. W., 1461 Texas Ave. S. Applicant: City of St. Louis Park Case No.: 06-54-S Planning and Zoning Supervisor Meg McMonigal presented the staff report. Commissioner Robertson asked about the trail around the pond. Ms. McMonigal responded that the trail is part of an easement. Commissioner Morris asked about the scale of the plat drawing. He said a 1:80 scale is not acceptable. Commissioner Morris spoke about the sidewalk which stops at a housing development on the north end of the new pond extension. St. Louis Park Council Meeting Item: 100306 - 4l - Planning Commission Minutes Of August 16, 2006 Page 2 Commissioner Person said a sidewalk ends at the far NE corner of the parcel but a new section of sidewalk meanders through the property. He said the new sidewalk is not in the right-of-way. Ms. McMonigal said staff will address sidewalk issues prior to Council’s consideration of the plat. Chair Carper opened the public hearing. With no one wishing to speak, Chair Carper closed the public hearing. Commissioner Morris moved to recommend approval of the preliminary plat subject to a condition that staff will investigate and if need be, correct the scale shown on the plat. Commission Kramer seconded the motion. The motion passed on a vote of 6-0. B. Zoning Ordinance amendments relating to awnings and canopies; building materials; height in the Mixed Use District; signs; and non-conformities Applicant: City of St. Louis Park Case No.: 06-52-ZA Ms. McMonigal presented the staff report. Ms. McMonigal discussed the awnings and canopies amendment. She discussed the proposed height limit in the M-X zoning district. Commissioner Johnston-Madison said she thought she had recommended under 8 stories at a study session. She asked how staff arrived at an 8 story maximum. Ms. McMonigal responded that 8 stories was chosen as a benchmark. She added that there have been requests for 8 stories. She continued by saying there is very little M-X zoning in the City. Ms. McMonigal discussed proposed changes to sign regulations, building materials and non-conformities. Commissioner Robertson said that the Commission had previously discussed concerns about smooth hardiboard and had indicated an interest in textured hardiboard. Ms. McMonigal said that textured hardiboard can be added to the amendment. Ms. McMonigal said that the attorney drafted proposed changes to the non-conformities section to reflect changes to State law. She noted that in the draft provided, amortization regulations should be reinstated into the code, and not deleted as is shown. Chair Carper opened the public hearing. Pat Skinner, 3336 Huntington Avenue, said he thought setting an arbitrary height is a disservice to any one property. He said he thinks it should be done at the Comprehensive Plan level. He suggested that any height limit restrictions should be thought out on a micro level. St. Louis Park Council Meeting Item: 100306 - 4l - Planning Commission Minutes Of August 16, 2006 Page 3 Commissioner Timian arrived at 6:30 p.m. In response to Chair Carper’s question about proposals for more than 8 stories, Ms. McMonigal answered that could be accomplished through the Planned Unit Development process. Julie Williams, 3308 Huntington Avenue, said she is concerned that the amendment is only relevant to the Excelsior and France property at the Al’s Bar site. Ms. Williams said she agrees with Mr. Skinner’s comments. Ms. McMonigal said it wouldn’t affect that many sites, but some sites could be rezoned. As no one else was present wishing to speak, the Chair closed the public hearing. Commissioner Timian and Ms. McMonigal discussed neighborhood plans included in the Comprehensive Plan. Commissioner Timian asked how much weight the neighborhood plans carry. Ms. McMonigal said the plans do provide a guide and are part of the Comprehensive Plan. Commissioner Johnston-Madison said a height limit is positive but she is concerned about M-X districts that back up onto single family homes. She would like to table the M-X amendment for further study and for discussion with the city attorney. Ms. McMonigal said M-X requirements can be reviewed in greater detail at a future study session. Commissioner Robertson said he agrees with Commissioner Johnston-Madison. He said it seems arbitrary to pick the 8-story level but added that there are setbacks relative to height. He said height is not a stand alone element. Parking, setbacks and height are all factors for M-X sites. He said he is not opposed to tabling this item for further study. Commissioner Robertson said under architectural design, he recommends not using the description “compatibility of materials, colors” because it is not an architectural element. Commissioner Robertson said he would like more discussion and wordsmithing on building design to occur. Commissioner Johnston-Madison made a motion recommending approval of proposed amendments for awnings, signs and non-conformities and to table for further discussion amendments regarding building materials and height in the M-X zoning district. Commissioner Robertson seconded the motion, and the motion passed on a vote of 7-0. Commissioner Johnston-Madison asked if there would be a new public hearing for the tabled items. Commissioner Morris suggested publishing a meeting notice for those items that are being tabled. Commissioner Johnston-Madison asked if neighborhoods affected by changes to the M-X district could be notified of the next consideration of these items by the Commission. St. Louis Park Council Meeting Item: 100306 - 4l - Planning Commission Minutes Of August 16, 2006 Page 4 Ms. McMonigal responded yes, depending on the outcome of the discussion. 4. Other Business 5. Communications A. Board of Zoning Appeals agenda – July 27 B. Chair Carper said a letter from J. Slade, 2154 Parklands Lane, regarding R-1 zoning was distributed. 6. Adjournment The meeting was adjourned at 6:50. A study session followed. Minutes prepared by, Respectfully submitted, Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 1 8a. Elmwood Village in the Park II - Preliminary Planned Unit Development (PUD) and Preliminary Plat Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case No.: 05-77-PUD & 05-78-S Recommended Action: • Motion to adopt Resolution approving the Preliminary Planned Unit Development (PUD), subject to conditions as recommended by Planning Commission and staff. • Motion to adopt Resolution approving the Preliminary Plat for Elmwood Village 2nd Addition, subject to conditions as recommended by Planning Commission and staff. DESCRIPTION OF REQUEST: The applicant is requesting approval of a Preliminary Planned Unit Development (PUD) and a Preliminary Plat for a 4-story, mixed-use building with 77 residential condominium units and approximately 13,000 square feet of commercial space. LOCATION MAP: Current Zoning: MX – Mixed Use Comprehensive Plan Designation: Commercial Mixed Use Parcel Size: 2.13 acres Current Land Use Vacant with temporary sales models for Elmwood Village in the Park I St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 2 DEVELOPMENT PROPOSAL: The developer is proposing to construct a 4 story, mixed use, age restricted (55+) residential condominium at the southeast corner of 36th Street West and Wooddale Avenue South. The building is proposed to include approximately 13,000 square feet of commercial space along 36th Street West and 77 condominium units. The proposal follows the principals outlined in the Elmwood Area Land Use, Transit and Transportation Study that was completed in 2003. These principals include a mixed use building with commercial along 36th Street West, consistent streetscape design along 36th Street West, higher density in the vicinity of the proposed light rail transit station and an urban civic space (park) at the southeast corner of 36th Street West and Wooddale Avenue South. ZONING ANALYSIS: The proposal meets most requirements of the Zoning Ordinance. Some exceptions may be approved as outlined in the Mixed Use Zoning District (MX) and the Planned Unit Development (PUD) provisions of the Zoning Ordinance if the City Council concludes the exceptions meet the intent and criteria outlined in the MX and PUD provisions. Factor Required Proposed Met? Use Mixed-use/Residential Mixed-use/Residential Yes Lot Area 2.0 acre site 2.13 acre site Yes Density 50 units per acre 41.4 units per acre Yes Height None 54 feet Yes Building Materials 80% Class 1 materials; (60% Class 1 if architecturally enhanced) 73% Class 1 materials overall, 71% along Wooddale Ave, 86% along 36th Street. Yes Off-Street Parking Required 239 Provided 157 Yes (See parking discussion below) Setbacks – Front/Rear PUD modifications are requested – See analysis below. Yes Setbacks – Side/Side Yes Floor Area Ratio N/A 1.76 Yes Ground Floor Area Ratio N/A 0.44 Yes Open Area/DORA 9,720 sf (12%) 7,732 sf (9.5%) Yes (See DORA discussion below) Trees No existing trees 32 major trees proposed 23 minor trees proposed Yes Transit service None required Limited bus Future light rail Yes Stormwater Required city and watershed standards Contributing financially to regional storm water pond at Hoigaards site Yes St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 3 Parking: The developer’s proposal is a mixed use development that includes reductions in parking. It provides 155 parking stalls which reflect a 35% reduction from the required 239 spaces. 30% of this reduction is allowed at the Council’s discretion through the MX and PUD ordinance and 5% is for providing bicycle parking. As illustrated in the table below, 91 spaces are provided below- grade, and are for the exclusive use of the residents. The remaining 64 spaces provide the required 15 guest spaces and customer/employee parking for the commercial space. In addition to the parking provided on site, there is a municipal parking lot located across 36th Street with 68 parking spaces. These spaces were not included in the parking calculations. Off-Street Parking Required # Of Spaces Proposed # Of Spaces 77 Residential units (Includes guest parking spaces) 154 Residential (Underground spaces) 91 commercial (11,700 sf) 65 commercial (11,700 sf) 64 Restaurant 1,300 sf (Coffee Shop) 22 Restaurant 1,300 sf (Coffee Shop) Residential guests (15 spaces required) Minimum Required without reductions 239 Total provided* 155 Maximum allowed reduction – 50% (120) *The total provided represents a reduction of 35% (84 spaces) from the minimum required of 239. Possible Minimum 119 The original proposal presented to the Planning Commission requested a 40% reduction in parking. Since the Planning Commission meeting, the developer increased the size of the underground parking garage by extending it under the DORA portion of the plaza. This is still on private property, meets setbacks, and creates an additional eight parking spaces. While the developer proposes a 35% reduction in the required parking, the Elmwood Area plan anticipates the construction of two public parking ramps near this development that are intended to address this type of reduction. The intent of such ramps would be to supplement the parking needed for the type of intensity planned for the Elmwood Area. One ramp is shown located across 36th Street West at the proposed light rail transit station; the other is shown on the Burlington Coat Factory property. Both ramps are important components to the Elmwood area as they may provide the public parking required to achieve the transit-oriented development consisting of higher residential density and “main street” style commercial development. The plan does not detail a time-frame for construction of these ramps, but it is anticipated that the transit station could be constructed in approximately ten years. Staff required a parking study be completed by Walker Parking Consultants to calculate the parking needed for this mixed use project. The study is attached for your review. It is based on the 77 unit condominium building consisting of residents that are 55 years or older, and approximately 13,000 square feet of commercial space. Six scenarios were analyzed, of which three were determined to be most likely to occur. The three most likely scenarios each included a 1,300 square foot coffee shop and a combination of retail or office space. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 4 The study indicates that a weekday parking shortage ranging from seven to 14 spaces may occur, and that a small surplus (6 spaces) or deficit (7 to 10 spaces) may occur on weekends depending on the precise mix of uses. The existing public parking located across the street should be more than adequate to cover these potential parking shortages. The tables showing the results of this study are below, and can also be found in the last pages of the study which is attached to this report. As further redevelopment occurs in the Elmwood area and light rail transit (LRT) service begins, the City will have the opportunity to further evaluate the need for parking and adjust the parking supply in the area. One of the benefits of a mixed use development is that it allows compatible uses with differing peak times to share parking spaces, and it also provides the opportunity for customers to walk to the retail/commercial uses instead of driving. Both of these reflect the goal of the city to provide more residential and shopping opportunities while encouraging a pedestrian friendly environment that is less dependent on the car, and more desirable to walk, bike or use the bus and light rail. Although the development does not qualify for the transit reduction due to a low frequency of service, there is a bus stop located on the south side of 36th Street near the Wooddale intersection, and the light-rail transit station is planned to be constructed across the street. Once constructed, the station will significantly contribute to the reduced need for parking in this area. Architectural Style and Materials The building is modeled after the senior building under construction in Village in the Park I (VIP I) located at the southwest corner of 36th Street West and Wooddale Avenue South. The proposed building has the similar “V” shape and is located approximately 5 feet from the property line on both Wooddale Avenue and 36th Street; and 15 feet to 18 feet from the back of curb on Wooddale and 18 to 24 feet to back of curb on 36th Street. It has 77 units with approximately 13,000 square feet of commercial space on the ground floor along 36th Street. The building will consist of 44% brick, 29% glass and 27% cement board. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 5 The developer is proposing between 66% to 86% class 1 material. While the Mixed Use (MX) district requires the building to have a minimum of 80% class 1 materials on each building face, it also allows the 80% to be reduced to a minimum of 60% if a balance of architectural interest and visual compatibility is provided through approval of the following: 1. A variety of compatible materials and colors. 2. Height and building wall deviations. 3. Architectural features. 4. Canopies over sidewalks. 5. Pedestrian scale details. Staff believes this is achieved by concentrating the majority of the class 1 materials on the 36th Street elevations where they have the greatest contribution to the main street atmosphere the City is striving to achieve. The majority of the exterior building materials consist of brick and glass, which are class 1 materials. The remaining material is cement board which has been used as a class 2 material in other projects, including VIP I. The section of the building fronting on 36th Street is divided into two sections. The section that fronts the plaza will be 86% class 1 material, and the section that fronts on 36th Street will be 82%. This gives a total percentage of class 1 material along 36th Street of 84%. The section of the building fronting on Wooddale Avenue will consist of 71% class 1 material, and the two ends of the building will be 74% and 76% class 1 material. The remaining walls that face the interior parking lot, and are not visible from the streets will range from 66% to 70% class 1 material. In addition to materials and architectural style, staff is recommending that the trash enclosures be constructed internal to the building, rather than having a separate trash enclosure constructed in the parking lot. Staff is also recommending approval of window and façade criteria for the commercial frontage. This criteria was developed through the Excelsior & Grand process, and was also incorporated in the Hoigaards development. The criteria establish standards that keep the windows transparent, define the style of canopies that can be used, and lists uses that can occur on a sidewalk. Designed Outdoor Recreation Area (DORA) The DORA is proposed to be divided into two passive recreation areas. The first is at the main entrance along the south side of the building. The second takes advantage of the dedicated park at the corner of 36th Street and Wooddale by adding additional area to create a larger plaza. The developer asked that the landscaped/patio area on the southside of the building also be included in the DORA calculation. However, entry ways to buildings have not historically been accepted for DORA. Staff believes it does not meet the intent of DORA, and, therefore, has not accepted it. Instead, staff asked the developer to contribute toward the improvement of the public park. (Contributing toward the improvement of a park in lieu of satisfying the full 12% of the DORA requirement is permitted under the PUD ordinance.) The size of the contribution depends on the size of the DORA it is replacing. Zoning requires 12% of the land to be utilized as DORA, which translates into 9,720 square feet. Only 7,732 square feet is being provided for DORA by the developer. A cash contribution toward the improvement of the park area is proposed to substitute for the remaining 1,988 square feet required. Staff calculates the contribution at $24,000. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 6 Landscaping/Streetscape The development is anticipated to be an urban style, transit oriented development with an emphasis on walkable streets and neighborhood identity with the required parking behind the building. This layout creates two distinct roles for landscaping. The first is to enhance the desired walkable street and neighborhood identity by establishing a pedestrian oriented streetscape that is unique to the Elmwood Neighborhood. The other is to soften the parking area, making it more pleasant for the residents and guests. The streetscape along Wooddale Avenue South and 36th Street West is currently being designed. 36th Street West will have a consistent design from Wooddale Avenue to Highway 100. Wooddale Avenue, which is not intended to have a “main street” look, will have a different, but compatible streetscape. The intent along Wooddale will be to add more boulevard trees and foundation plantings to soften the transition to a residential building. Staff is working with the developer and City consultants to develop the streetscape plan for the 36th Street West corridor. The streetscape design will feature decorative amenities such as tree grates and street lights that will be distinct to the West 36th Street area. A process for designing public art for the public plaza on the corner of 36th Street West and Wooddale Avenue South and the 36th Street corridor is underway, and it is expected to tie into the streetscape design. The research and design of this streetscape is underway, and it is anticipated that concepts would be presented with the Final PUD and Plat of VIP II. Public Art The developer has proposed to contribute financially ($21,000) to the placement of public art along 36th Street West. It is expected that art will be displayed at the plaza on the south east corner of 36th Street West and Wooddale Avenue, and also that elements would continue along 36th Street West as part of the streetscape. Contributions for public art are a factor in consideration of approval of PUDs. Building Height There is not a height limit in the PUD regulations in the Mixed Used Zoning District. Height is determined by evaluating the surroundings and determining the impact on neighboring properties and the neighborhood. The height is approximately 54 feet to the mid-point of the gable, and 65 feet to the tallest point. This is in scale with the VIP I three story condominium building to the west, which is 44 feet to the mid-point. And to the five story building along 36th Street West in the Hoigaards Village development that is 68 feet to the top of the flat roof. Since the neighboring properties are either commercial or industrial in nature, and are identified in the Elmwood Study as both high density office and mixed use, staff believes the height is consistent with the study. Stormwater The stormwater requirements will be met in the regional pond planned at the Hoigaards Village development, and the developer will be required to contribute financially to the construction of that pond. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 7 Setbacks: In a PUD, buildings may be set up to the property line. However, the developer is providing some setback to maintain the character of the neighborhood as outlined in the Elmwood Area Land Use, Transit, and Transportation Study. Particular attention, was paid to setbacks along Wooddale Avenue and 36th Street by comparing them to previously approved projects. The chart below compares the proposed VIP II street side setbacks to the VIP I, Hoigaards and Excelsior & Grand developments. The proposed setbacks are in line with previously approved projects, particularly those located along 36th Street West. Setback VIP II VIP I Hoigaards Excelsior & Grand Building to street curb 24 feet 18 feet 26 - 40 feet 22 feet Building to on- street parking curb 18 feet N/A 26 feet 15 feet Building to property line 5 feet 15 feet 14 – 19 feet 5 feet The proposed building is set back further from the street than the building along 36th Street in the VIP I development, and is compatible with the approved setbacks within the Hoigaards Village development. Staff believes the proposed setbacks will create a consistent setback along 36th Street resulting in the desired main street effect. The setback from 37th Street along the south property line varies from 1.4 feet to 50 feet, but is at least 25 feet to the curb due to a large boulevard area. The intersection alignment at Wooddale will not be altered, and therefore, the 1.4 foot setback to property line is acceptable. A short section of public right-of-way, 37th Street, is the south edge of the VIPII site. A private drive will be located on this right-of-way which will provide access to the VIP II site and the back side of the Burlington Coat Factory property. PRELIMINARY PLAT: The Elmwood Village 2nd Addition preliminary plat consists of 1 lot, and dedicates additional right-of-way to both 36th Street and Wooddale Avenue. Right-of-Way Dedication: A road easement was dedicated in 1975 over the north 19 feet of the entire subject parcel (along 36th Street). The preliminary plat proposes to dedicate that easement area as right-of-way. As part of the plat of the Final PUD approval for Village in the Park I (VIP I), the developer dedicated a 12 foot road easement along the east side of Wooddale Avenue. This easement will be dedicated as right of way with this Elmwood Village 2nd Addition plat. In both cases, the additional right-of-way was required to facilitate planned street improvements and on-street parking. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 8 Utility Easements: Due to the small size of the parcel, the close proximity of the building to 36th Street and Wooddale, and the fact that the property is bounded nearly on all sides by public right-of-way, staff has determined that utility easements are not needed. Park Dedication: The proposed Park and Trail Dedication consists of a land and cash in lieu dedication. A parkland dedication of 10% of the total land area is required. The land dedication proposed is 3.7% of the land area, so a cash in lieu payment will be required to make up the difference. A breakdown of the dedication is as follows: Fee Type Fee Total Fee Park Dedication - Land 3.7% of total land area (37% of park dedication) 2,998 sf Park Dedication – residential $1,500 x 77 residential units x 63% (remaining non-land park dedication) $72,765 Park Dedication – commercial 5% of current market value of that portion of the property utilized for a commercial use x 63% (remaining non-land park dedication). $4,185 Total Park Dedication $76,950 Trail Dedication $225 per residential unit $17,325 Total Park &Trail Dedication $94,275 PUBLIC PROCESS: Neighborhood Meeting: The development was presented at one neighborhood meeting, and received favorable comments from those in attendance. A public hearing was conducted on June 21, 2006. No one from the neighborhood spoke at the hearing. The minutes are attached for your review. RECOMMENDATION: Staff recommends approval of the Preliminary Planned Unit Development, and Preliminary Plat subject to conditions contained in the attached Resolutions. Attachments: Resolution approving the Preliminary Planned Unit Development Resolution approving the Preliminary Plat 6/21/06 Planning Commission Minutes Site plan and related documents Parking study Prepared by: Gary Morrison, Assistant Zoning Administrator Meg McMonigal, Planning and Zoning Supervisor Approved: Nancy Gohman, Deputy City Manager St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 9 RESOLUTION NO. 06-153 A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED MIXED USE (M-X) LOCATED AT 3601 WOODDALE AVENUE SOUTH AND 5810 37TH STREET WEST WHEREAS, an application for approval of a Preliminary Planned Unit Development (PUD) was received on January 17, 2006 from the applicant, and WHEREAS, the proposed PUD encompasses the following described lands in Hennepin County, Minnesota, to-wit: Parcel 1 (Registered Title, evidenced by Certificate 1039540): Lots 1, 2, 3 and 4, Block 44, “St. Louis Park”, Lots 7, 8, 9, 10 and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part thereof lying Westerly of the following described line: Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park; thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. Parcel 2 (Abstract property): Block 1, Collins Second Addition to St. Louis Park, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota. The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and all of vacated alley and adjoining one-half of Yosemite Avenue vacated. Block 1, Collins 2nd Addition to St. Louis Park. WHEREAS, the above referenced property is to be re-platted as Lot 1, Block 1 Elmwood Village 2nd Addition, and WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 10 WHEREAS, the Planning Commission reviewed the Preliminary PUD concept at the meeting of June 21, 2006, and WHEREAS, notice of public hearing on the Preliminary PUD was published in the St. Louis Park Sailor on June 8, 2006, and WHEREAS, the Planning Commission opened the public hearing at the meeting of June 21, 2006, and WHEREAS, the Planning Commission recommended approval of the Preliminary PUD on a 6-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. David Bernard Builders and Developers (Developer) made application to the City Council for a Preliminary Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the Mixed Use (M-X) district located at 3601 Wooddale Avenue South and 5810 37th Street West legally described above. 2. The City Council considered the advice and recommendation of the Planning Commission (Case No. 05-77-PUD) and the effect of the proposed Preliminary PUD 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 City Council determined that the Preliminary PUD, as modified by the conditions listed in the conclusion below, will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values. The Council also determined that the proposed Preliminary PUD, as modified by the conditions listed in the conclusion below, is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05-77-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 11 1. The site shall be developed, used and maintained in conformance with the Final PUD official exhibits. 2. The following maximum and minimum requirements, as indicated in the official exhibits, shall apply to the PUD: a. A maximum of 77 residential units. b. A minimum of 91 enclosed parking spaces. c. A minimum of 15,000 square feet of non-residential space on the ground floor along 36th Street. This space may include retail, office or other commercial uses. The non- residential space may have no more than a maximum of 1,300 square feet of restaurant space. The restaurant shall be further limited to a coffee shop or similar use with minimal on-site food preparation and service. 3. Modifications to the Zoning Code are approved as follows: a. A 35% reduction from the required off-street parking spaces to allow 91 below ground parking spaces, 44 on-site surface parking spaces, 11 parking spaces on Yosemite Avenue, and 9 on-street parking along 36th Street. b. The building materials shall consist of brick, glass and concrete board. The brick and glass are class 1 materials and shall comprise of the minimum percentage of each elevation as listed below. The remaining portion of each elevation shall be concrete board. The minimum coverage per elevation of class 1 material shall be as follows: i. The elevation along Wooddale Avenue shall be at least 71%; ii. The elevation facing the plaza shall be at least 86%; iii. The elevation facing 36th Street shall be at least 82%; iv. The elevation facing Yosemite Avenue shall be at least 74%; v. The elevations facing the interior parking lot shall be at least 66%; and vi. The elevation at the south end of the building shall be at least 76%. 4. Conditions for the approval of the Planned Unit Development, to be included in the Development Agreement between the City and the Developer, are as follows: a. Developer agrees to contribute financially toward the construction of the regional storm water pond. The amount of the contribution will be determined by the Cit prior to the Final PUD and Final Plat approval. b. Developer agrees to contribute $21,000 for public art to be located in the plaza area at the corner of Wooddale Avenue and 36th Street West. c. Developer agrees to provide 6,233 square feet of the development for Designed Outdoor Recreation Area as indicated in the approved exhibits. Half of the dedicated park may be counted toward the DORA requirement and is in addition to the 6,233 square feet provided as indicated in the approved exhibits. In lieu of the remaining required DORA, the developer agrees to contribute $24,000 toward the construction of the park to be located at the corner of Wooddale Avenue and 36th Street West. d. Developer agrees to place all on-site utilities underground. e. Developer agrees to enter into a maintenance agreement for the continued maintenance of the streetscape along 36th Street West and Wooddale Avenue. This agreement is to be finalized prior to Final Plat and Final PUD approval. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 12 f. Developer agrees to provide a snow-removal agreement with the City to ensure all snow is removed to an off-site location during major snow events. g. Developer agrees to install, at its expense, street and streetscape improvements along all public and private streets and access drives subject to final streetscape designs, Final PUD approval and City approval of detailed construction drawings. h. In accordance with the parking study, all parking shall be open to the general public at all times, except as follows: on-street parking may be restricted by the City (including those spaces located on the Yosemite Avenue right-of-way); below ground parking may be restricted to building residents only; up to 12 on-site surface parking spaces may be signed for guests only, and up to 8 on-site surface parking spaces may be signed for residents only. i. Parking shown along Wooddale is not approved, and is subject to further review by City Planning and Public Works staff to be resolved prior to Final PUD approval. 5. The following shall be submitted with the Final PUD: a. A site plan showing the required fire lanes. b. A trash management plan showing all trash areas to be located within the building unless it is determined not possible due to site topography or operational limitation. c. A lighting plan, including light fixture details. d. A final landscape plan, with a plan for irrigation of all landscaped areas and planter boxes. e. A plan for screening rooftop and ground mounted mechanical equipment. f. Building material samples and colors. 6. Prior to starting any site work, the following conditions shall be met: a. The City shall approve a Final PUD and Final Plat. b. Proof of Recording the Final Plat shall be submitted to the City. c. Assent form and official exhibits must be signed by applicant and owner. d. A preconstruction conference shall be held with the appropriate development, construction and city representatives. e. A staging plan for construction shall be filed with the City. f. All necessary permits must be obtained. 7. The following façade design guidelines shall be applicable to all ground floor, non-residential facades located in the Mixed-Use building facing West 36th Street: a. Façade Transparency. Windows and doors shall meet the following requirements: i. For street-facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. ii. Visibility into the space shall be maintained for a minimum of 3 feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. b. Awnings. i. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 13 ii. Backlit awnings are prohibited. c. Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of 5 feet from the building wall for the following purposes, provided a 6 foot minimum horizontal clearance along West 36th Street is maintained between obstructions on the private and public sidewalks and provided that all activity is occurring on private property: i. Display of merchandise. ii. Benches, planters, ornaments and art. iii. Signage, as permitted in the zoning ordinance. iv. Dining areas may extend beyond the 5 foot maximum, provided an 8 foot minimum horizontal clearance along West 36th Street is maintained between the obstructions on the sidewalk. d. All wall vents and assorted fixtures shall be painted to match the color of the wall they are attached to. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final P.U.D. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayor Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 14 RESOLUTION NO. 06-154 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELMWOOD VILLAGE 2ND ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. David Bernard Builders and Developers, owner and subdivider of the land proposed to be platted as Elmwood Village 2nd Addition has submitted an application for approval of preliminary 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 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: Parcel 1 (Registered Title, evidenced by Certificate 1039540): Lots 1, 2, 3 and 4, Block 44, “St. Louis Park”, Lots 7, 8, 9, 10 and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part thereof lying Westerly of the following described line: Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park; thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. Parcel 2 (Abstract property): Block 1, Collins Second Addition to St. Louis Park, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota. The portion of the alley lying Easterly of Wooddale Avenue between 36th and 37th Streets for a distance of approximately 250 feet located in: Lots 1 to 4 inclusive, and all of vacated alley and adjoining one-half of Yosemite Avenue vacated. Block 1, Collins 2nd Addition to St. Louis Park. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 15 Conclusion The proposed preliminary plat of Elmwood Village 2nd 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, subject to the following conditions: 1. Condominium association papers must be approved by the City Attorney prior to final plat approval. 2. The developer agrees to contribute $94,275 in park and trail dedication. 3. Prior to issuance of any building permits, which may impose additional conditions, the following shall be provided: a. Evidence of recording the Final Plat shall be submitted to the City; and b. A development agreement is entered into with the City. 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. Reviewed for Administration: Adopted by the City Council October 3, 2006 City Manager Mayo r Attest: City Clerk St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 16 EXCERPT OF OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 21, 2006--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Jerry Timian STAFF PRESENT: Meg McMonigal, Gary Morrison, Sean Walther, Nancy Sells A. Village in the Park Phase II - Preliminary Planned Unit Development and Preliminary Plat Location: 36th Street and Wooddale Avenue Applicant: David Bernard Builders and Developers Case Nos.: 05-77-PUD and 05-78-S Gary Morrison, Assistant Zoning Administrator, presented the staff report. He remarked on preliminary plantings shown along Wooddale and 36th, explaining that the City is currently studying streetscape designs for 36th Street and Wooddale Ave. He said the developer has agreed to construct landscape and street improvements along both of those streets in accordance with the approved plans. Mr. Morrison said the City is studying public art along 36th Street which includes the southeast corner of 36th Street W. and Wooddale Ave. as a featured location. Mr. Morrison discussed setbacks along 36th Street, comparing them to Village in the Park Phase I, Hoigaards Village, and Excelsior and Grand. Mr. Morrison said the parking evaluation for the site was given considerable study. He discussed PUD modifications for parking at some length. Minimum required is 239 spaces and the developer proposes 145 spaces. Staff has found that mixed use developments typically do not need as much parking as is required by formula because there is a little bit of shared parking going on. He commented on the parking study conducted by Walker Parking Consultants. He said staff has found parking to be tight, but sufficient as a short term condition until the transit station across the street is constructed which will include public parking. Also, the Elmwood Study anticipates that a second parking ramp could be constructed behind Village II. He remarked on the area developing as more transit oriented in the future. He said staff is recommending that the commercial space be modified to provide direct access to the sidewalk along 36th Street. Staff is also recommending that the building St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 17 design along 36th Street be enhanced to provide greater presence at the intersection. The ground floor lobby should provide access from the plaza to parking behind. The commercial façade needs additional treatment to draw the commercial space out from the residential area. He mentioned that staff also recommends the trash handling areas be contained within the building. Commissioner Kramer asked for more information about the retail space. Specifically he was interested in the potential for businesses which would contribute to creating a pedestrian, neighborhood feeling. He said he would be looking for smaller shops and neighborhood retailers as opposed to larger, national chains. Mr. Morrison said staff believes a coffee shop with an outdoor plaza would be a good fit. Meg McMonigal, Planning and Zoning Supervisor, said typical retail space is 20 x 60 ft. The Elmwood building is 70 feet deep. If a corridor is put down the middle, then the spaces are not the typical retail depth. Staff wants the developer to look at accessing the retail from the exterior rather than through an interior corridor, and thus the recommended architectural changes. Commissioner Robertson said residential on the main floor of a busy intersection doesn’t seem like mixed-use. He said if the whole outside perimeter was retail face, it would be more inviting and successful. A larger number of shops rather than 2-3 would be more inviting. He said the development falls a little short of what was envisioned in the Elmwood Study in that it is not all retail on the lower floor. Mr. Morrison commented that Phase I is all residential on the Wooddale side. The residential appearance is maintained on the east side whereas 36th Street is seen more as the commercial street. He said mixed-use district requires a minimum of 50% of the ground floor to be non-residential. Commissioner Person asked about city policy regarding the level of developer contribution towards public art. Ms. McMonigal responded that there is not a specific policy for that. Typically it has been negotiated as part of a Planned Unit Development. Chair Carper asked how developer contribution towards public art might be more formalized. Ms. McMonigal stated that it is formalized in the Zoning Ordinance under the PUD section. She said she didn’t believe the city currently is allowed to require public art. There are only certain fees which can be required with developments and subdivisions, and public art is not one of them. Commissioner Johnston-Madison said she was concerned about the parking shortage. She said the City has learned some lessons from Excelsior and Grand. She thinks the St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 18 parking shortage, though hoped to be temporary, will invite future problems. She said she didn’t want to leave that kind of legacy for that neighborhood. It will affect other areas, including the residential area off of Wooddale. She asked Mr. Morrison to run through the parking numbers again. Mr. Morrison reviewed the parking evaluation. Commissioner Person said there are nine parking spaces in the right-of-way at 36th St. in a bump-out. He suggested that those be assigned for short term parking, possibly even with parking meters. Mr. Morrison responded that has been discussed and it is a very likely possibility. Commissioner Person talked about minimal bus service in the area. As the density becomes greater, discussions should be held about increasing the service to the area. Mr. Morrison said the City has been talking with Metro Transit about future development, improving transit and encouraging use in St. Louis Park. Commissioner Johnston-Madison said she is still very concerned about the lack of parking. Commissioner Morris noted corrections that should be made to preliminary plat drawings. Commissioner Kramer requested that the developer enhance Luggage World’s parking area by signage, so that Luggage World has some parking protection. Commissioner Person commented that the project is totally surrounded by public right-of- way. He asked who is responsible for maintenance. Mr. Morrison said the property owner will be responsible for the plowing of the section of Yosemite and 37th on the south. The streetscape amenities along 37th and Wooddale will be maintained by the property owner. Chair Carper asked about parking across the street. Mr. Morrison responded there are approximately 100 spaces. The lots are owned by the City. Commissioner Johnston-Madison spoke about the conclusions of the traffic study found in the appendix and the 50% reduction calculations. She highly recommends that the City Council take a very close look at the reduction. Commissioner Kramer asked about the terminology for senior only condo. Mr. Morrison said he believes sales will be limited to 55 and older; similar to one of the buildings in Village in the Park Phase I. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 19 Commissioner Kramer asked how realistic it is to expect any age group to cross a fairly wide and busy street. He asked if it practical. He asked if people will be able to get around the small business area. Mr. Morrison said this is being evaluated in the streetscape design also. There is a stop light at the intersection and the ability to enhance the crosswalk. Ms. McMonigal said underground parking would be limited to residents in the building, at slightly over 1 space/unit. Exterior parking would be for guests and retail. The city- owned parking lot across the street is the only place nearby for extra parking. Tim Whitten, Executive V.P., Rottlund Company, said Village in the Park Phase I has been a very successful project. He said 55+ has marketed well. 70% of occupants are St. Louis Park residents. They have a waiting list of interested people. They are very confident about the residential component of Village in the Park Phase II. Parking and the commercial component have been challenging areas. They have been working with staff for quite a long time to reach a comfort level on these areas. Mr. Whitten said mixed use is a challenge. He said they’ve received more interest from the office market than the commercial market, which might be less stressful for parking. They are comfortable with the traffic study. They believe the parking numbers work due to the 55+ population without the parking demands and probably more of an office use than a retail use. The developer is not looking for high intensity uses. Commissioner Morris asked about designated bicycle parking which was included in the parking reduction calculations. Theresa Greenfield, Director of Land Development, Rottlund Homes/David Bernard Builders, said they’ve been working with the City on 36th St. streetscape plans and they envision bicycle parking to be along 36th Street. Commissioner Morris asked about resident bicycle parking. Ms. Greenfield said they will take a look at that. She mentioned bicycle parking location in the DORA area. Commissioner Morris said bicycle parking shouldn’t be in the DORA as it conflicts with the square footage set aside for DORA. He recommended that bicycle parking become designated prior to approval of the Final PUD since the applicant is getting a 5% parking reduction for having bicycle parking. Ms. McMonigal said that other condo buildings often have bicycle parking underground. Commissioner Kramer asked if there is a back-up plan regarding the commercial space. Mr. Whitten said they need to continue working towards getting the tenants they want. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 20 Commissioner Robertson said Mr. Whitten said the commercial area would probably be a three tenant commercial area. He suggested if there was space for 5-6 it might be less intimidating. If it was retail that could support both office workers and residential it might be more inviting for commercial all the way around if there was a little bit more space available. Mr. Whitten commented that it seems to be a logical place for retail but that’s not what their research tells them. Mr. Whitten said they are not concerned about what the opportunities are 5-10 years from now. They are pretty confident that is going to happen. It is more about how do they get there? They need to figure out the best path. Chair Carper asked about City specifications for the drive circle. Ms. McMonigal said City engineers usually review the arc of the circle and canopy heights. Commissioner Robertson said most architects use standard specifications and formulas for drive circles. Chair Carper opened the public hearing. As there was no one present wishing to speak, the Chair closed the public hearing. Commissioner Robertson said he likes the development. He said he agrees with staff that the commercial area needs to be more defined architecturally. He said the whole side of Wooddale being the backside of residential units falls short of plans for livening up this corridor. He commented that LRT is 10 years away. No one is even talking about the SW corridor yet. He said even with the parking as it is it seems like commercial could be very difficult in the early years. Commissioner Robertson stated that the whole idea of the Elmwood Study was long range planning—where do we want to be 20 years from now. He said he’d like to see the lower floor open back up to commercial. He doesn’t know how to help the developer make that work. He said he thinks the parking reductions are too large. He’s not comfortable with the parking reductions on a number of levels. Commissioner Morris said he agreed with Commissioner Robertson. He said what is being proposed is a functional design. He would have liked to see the project mirror the opposite side of the street. Rowhouses would have been nice. He said he wants to go forward, though there are a lot of gray areas such as parking, bicycles, and the back side of the development being on Wooddale. He would like to see it developed and integrated into the whole Wooddale streetscape without being an obvious detriment. Ideally there should be a beautiful front entrance feature along Wooddale. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 21 Commissioner Kramer said he is concerned about ground floor apartments on one side. If office is going to be built southeast of the development, he doesn’t see how building more office in this development will add anything to the vitality of the neighborhood. He’d like to see a lot of small shops. National retail chains won’t add much to the pulse of a neighborhood. Commissioner Johnston-Madison said she is concerned that the parking situation is presented more favorable than it really is. She asked for the facts concerning the parking. The parking ramps won’t be there for 10 years. Commissioner Johnston-Madison asked for some background on the process. Mr. Morrison stated that staff and the developer have spent about six months on analysis and discussion in trying to address the parking and envision what it will be like for the next 10 years. Staff feels the municipal lot across the street will provide 120 spaces which will help with the overflow. The Elmwood Study asks a lot of the site. It calls out for high density and mixed-use retail. Ms. McMonigal added that lengthy discussion has occurred, and many calculations have been done. She said no one wants the retail to fail due to lack of parking. The parking study done by Walker Parking Consultants gave more comfort that the parking shortage wouldn’t be quite as severe as staff expected. Commissioner Johnston-Madison asked if consideration had been given to changing the development from mixed-use to condos. Ms. McMonigal responded that has been discussed. It would entail changing the Comprehensive Plan and zoning, revisiting the Elmwood Study and working with the neighborhood on that. She believes that looking at a change of uses would necessitate reopening the whole discussion of whether residential is appropriate at the site. A change opens it up to every use. Mr. Whitten said that Rottlund/David Bernard Builders has been trying to find balance and the best compromise. He said to go to just one use would be a struggle. He said staff has been outstanding in discussions to come up with the best solutions. Commissioner Kramer said he thinks there ought to be a solution that works for everyone. Commissioner Robertson said the project fits very well on the site. A smaller building wouldn’t take advantage of the site. It’s a nice location and a problematic location which makes it interesting. He commented that nothing is forever. In 10 years if the demand is for more retail in the area, and there are more parking structures and LRT, he could see the ground floor condos being converted to retail. The market does drive things like that. He wants to see the project move forward and supports it. He acknowledges that it is a tough site. St. Louis Park Council Meeting Item: 100306 - 8a - Village In The Park II Preliminary PUD And Preliminary Plat Page 22 Commissioner Johnston-Madison said she was initially cautious but after hearing how much time staff and the developer spent on this she wants to see something move forward and she will support the request. Chair Carper said he is concerned about parking and wants the project to move forward. Commissioner Kramer asked for assurance that residents will have parking available to them without having to cross the street. Mr. Whitten said that in Village in the Park Phase I senior housing across the street the developer has direct experience in providing parking. They included 1 parking space with every purchase and .3 additional parking spaces available for residents to purchase. All have been satisfied. Commissioner Robertson made a motion recommending approval of the preliminary Planned Unit Development and preliminary Plat for Elmwood Village 2nd Addition subject to conditions recommended by staff. Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of 6-0. St. Louis Park Council Meeting Item: 100306 - 8b - St. Louis Park Community Foundation-Vision-SW Transit Study Page 1 DESCRIPTION: Jim Brimeyer will be in attendance to provide an update to the Council on the following: • Activities of the St. Louis Park Community Foundation • Progress on Vision St. Louis Park (Mr. Brimeyer is the Chair of the Vision Action Team Steering Committee) • Update on the Southwest Corridor LRT Study (Mr. Brimeyer is the City’s representative on the Policy Advisory Committee for this study). Attached is background information on the study. Attachments: Southwest Transitway Technical Advisory Committee (TAC) Draft Findings and Recommendations Map of LRT Routes Approved by: Tom Harmening, City Manager 8b. Update on Community Foundation, Vision St. Louis Park, and Southwest LRT Study - Jim Brimeyer Recommended Action: No formal action necessary