HomeMy WebLinkAbout2019/11/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA
NOV. 18, 2019
5:45 p.m. SPECIAL STUDY SESSION – Community room
Discussion item
1. 5:45 p.m. PLACE Via Sol and Via Luna projects update
6:30 p.m. CITY COUNCIL MEETING – Council chambers
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2. Presentations -- None
3.Approval of minutes -- None
4.Approval of agenda and items on consent calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The
items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent
Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items
from the agenda, or move items from Consent Calendar to regular agenda for discussion.)
5.Boards and Commissions -- None
6.Public hearings
6a. 2019 Connect the Park – Dakota Avenue South bikeway (4019-2000)
Recommended action: Mayor to open public hearing, take public testimony, and close the
public hearing. Council is asked to take final action on this project at the Dec. 2, 2019 meeting.
7.Requests, petitions, and communications from the public – None
8.Resolutions, ordinances, motions and discussion items
8a. Planned unit development major amendment to Section 36-268-PUD 9
Recommended action: Motion to approve the first reading of Ordinance amending Section
36-268- PUD 9 subject to the conditions recommended by staff and set second reading for
Dec. 2, 2019.
8b. Benilde-St. Margaret’s – conditional use permit approving a major amendment to the
existing special permit
Recommended action: Motion to approve a conditional use permit authorizing a major
amendment to the special permit to allow a building expansion and accessory building at
Benilde-St. Margaret’s school with conditions.
Meeting of Nov. 18, 2019
City council agenda
8c. Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules
Recommended action: Motion to approve the 2020 Acceptable Materials and Exemptions
List and Administrative Rules.
8d. Efficient building benchmarking ordinance
Recommended action Mayor to open public hearing, take testimony, and close the hearing.
Motion to approve the first reading of the Efficient Building Benchmarking ordinance and set
the second reading of ordinance for Dec. 2, 2019.
9. Communications – None
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.
Meeting of Nov. 18, 2019
City council agenda
Consent calendar
4a. Approve second reading and adopt Ordinance amending Section 36-4 definitions and Section
36-366 architectural design to establish transparency requirements for ground floor street
facing facades in the C-1, C-2, and MX Districts, and retail, service and restaurant uses in the O
and BP Districts, and approve the Summary Ordinance for publication.
4b. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at
2749 Blackstone Avenue South, St. Louis Park, MN. P.I.D. 09-117-21-32-0024.
4c. Adopt Resolution accepting work and authorizing final payment in the amount of $27,368.18
for the Utica Avenue Trail project with G.L. Contracting, Inc. – Project No. 4017-2000D
4d. Adopt Resolution supporting Perspectives’ State Capital Grants Bonding Request of $4.9
million to complete their Seed the Change Capital Project.
4e. Adopt Resolution authorizing the award of the 2020 arts and culture grants.
4f. Adopt Resolution accepting work and authorizing final payment in the amount of $30,253.85
to Northwest Asphalt, Inc. for the reconstruction of three tennis courts at Carpenter Park, city
contract no. 87-19.
4g. Adopt Resolution accepting work and authorizing final payment in the amount of $9,648.63 to
K. A. Witt Construction, Inc. for the construction of five pickleball courts in Wolfe Park, city
contract no. 94-19.
4h. Adopt Resolution authorizing installation of all-way stop controls on Quentin Avenue at 40th
Street.
St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable
channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live
on the internet at www.parktv.org, and saved for video on demand replays. The agenda is posted on Fridays on
the official city bulletin board in the lobby of city hall and on the text display on civic TV cable channel 17. The
agenda and full packet are available by noon on Friday on the city’s website.
Meeting: Special study session
Meeting date: November 18, 2019
Discussion item: 1
Executive summary
Title: PLACE Via Sol and Via Luna projects update
Recommended action: PLACE will be providing an in-person update to the EDA/council of its
Via Sol and Via Luna projects. Staff requests direction relative to PLACE’s requested revisions to
its Purchase and Redevelopment Contract with the EDA.
Policy consideration: Does the EDA wish to 1) approve material changes to the Via Luna
project, 2) extend the deadline for conveyance of the South Parcels to PLACE, and 3) extend the
required construction dates for both Via Sol and Via Luna projects?
Summary: As first discussed at the June 10, 2019 Study Session and as reflected in PLACE’s
pending PUD major amendment, PLACE is requesting several material revisions to its Via Luna
multi-family housing development to be constructed on the South Parcels. Among them are the
reduction of apartment units to 50 from 81, with the removal of 31 market-rate units. The
remaining 50 units would all be affordable at 60% AMI (Area Median Income) and all designed
as Live/Work units.
Construction plans for the Via Luna apartment and hotel buildings and E-Generation facility
(South Components) will not be building permit approval-ready by the required December 31,
2019 closing date to acquire the South Parcels. Since these and other actions are required to be
complete prior to acquisition of the South Parcels per the Purchase and Redevelopment
Contract, PLACE is requesting that the closing date for acquisition of the South Parcels be
extended 31 days to January 31, 2020.
Given the current construction status of Via Sol on the North Parcels and the additional time
needed to close and start construction on the South Parcels, PLACE is requesting that the
construction completion date for Via Sol be extended to August 31, 2021, and the
commencement and completion dates for Via Luna (South components) be extended to
February 29, 2020, and August 31, 2021 respectively.
The above requested revisions will require a sixth amendment to the Purchase and
Redevelopment Contract between the EDA and PLACE.
Financial or budget considerations: The removal of the market rate units in Via Luna will
reduce the amount of tax increment generated by the project. Thus, the number of years
needed to generate the previously approved financial assistance for Via Luna is estimated to
increase from approximately 9 years to 13 years.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
PLACE Via community update – November 11, 2019
Prepared by: Greg Hunt, economic development coordinator
Reviewed by: Karen Barton, community development director
Approved by: Tom Harmening, EDA executive director and city manager
Special study session meeting of November 18, 2019 (Item No. 1) Page 2
Title: PLACE Via Sol and Via Luna projects update
Discussion
Background: PLACE E-generation One, LLC (PLACE) received approvals in 2017 to construct a
mixed-income, mixed-use, multigenerational, environmentally sustainable, transit-oriented
development with live/work for creatives. The development campus is located on the north and
south sides of the future Wooddale Avenue SWLRT Station. The previously approved
development included:
North Site (Via Sol and E-Generation):
•218 residential units (22 at 50% AMI, 130 at 80% AMI, 66 at market rate), including 18
live/work units;
•Bike shop and makers space;
•0.88 acres of urban forest, for public access to nature, stormwater management, and
habitat;
•29,500 square feet of green roof for additional stormwater management and habitat;
•PLACE’s E-Generation facility on the northern site;
•216 parking spaces located underground, on-street, and in a surface parking lot;
•60 car-free units.
South Site (Via Luna and Hotel):
•81 residential units (48 at 60% AMI, 33 at market-rate), all 81 designed as live/work
units;
•110-room hotel hiring community members;
•Café, coffee house, and five microbusinesses;
•Placemaking plaza at the Wooddale LRT Station;
•231 parking spaces located in a four-story parking garage;
•30 car-free units.
The buildings are required to adhere to the city’s green building policy and designed to achieve
LEED standards.
CONSTRUCTION PLANS UPDATE
Via Sol
As stated in the October 28, 2019 Study Session written report, PLACE terminated its previous
architect from both Via projects causing substantial delays to both. For Via Sol, the respective
roles held by its previous architect are now being filled by the following firms:
MSR - Architect
Barr - Civil Engineer, Landscape Architect
ISS - Structural Engineer
Changing architects after building plan approval triggers specified requirements under the
Minnesota State Building Code regarding architect/engineer of record and plan review.
Therefore, all construction documents are required to be resubmitted under the new project
team and approved by the city’s Building and Energy Department before construction can
proceed. Updated construction plans are expected to be submitted the week of November 11th
and may take up to six weeks to review and approve depending on the number, complexity and
Special study session meeting of November 18, 2019 (Item No. 1) Page 3
Title: PLACE Via Sol and Via Luna projects update
specifications of any proposed revisions. PLACE’s building permit for Via Sol expires January 24,
2020. If no construction has started by that date, PLACE will be required to apply for a new
building permit.
Via Luna and Fairfield Inn
The respective roles held by its previous architect for the South Site are now being filled by the
following firms:
LHB - Architect
Barr - Civil Engineer, Landscape Architect
MBJ - Structural Engineer
PLACE has applied for a major amendment to Section 36-268-PUD 9 for changes to the
proposed redevelopment on the South Site. The PUD amendment would:
•Reduce the number of units in the Via Luna apartment building from 81 units to 50 units
-all remain live/work units and all affordable at 60% AMI. Two units would be 3 -
bedrooms;
•Replace the above ground parking ramp and with mostly underground parking and a
small surface lot for commercial uses and hotel check-ins reducing the total amount of
parking by 54 stalls;
•Remove the small dog run on the east side of the site, add outdoor rooftop patio space
on the hotel, and expand the placemaking plaza near the Wooddale LRT Station;
•Redesign the placemaking plaza to include more site amenities including additional
landscaping and a stormwater landscape feature;
•Activate Wooddale Avenue South with artist studio spaces;
•Activate 36th Street West with commercial studio spaces;
•Group the artist live/work studios on the first and second floor of the residential
building, so they are more publicly accessible. The second floor of the west wing would
be entirely studio spaces;
•Better accommodate truck traffic (move ins, deliveries, trash) within the placemaking
plaza and surface parking lot;
•Create an improved interface between the LRT station and the placemaking plaza.
Construction plans for the apartment and hotel buildings are expected to be submitted by
December 17th and therefore will not be approval-ready by the required date under the Fifth
Amendment to the Purchase and Redevelopment Contract of December 31, 2019.
E-Generation Facility
Under the Fourth Amendment to the Purchase and Redevelopment Contract, the E-Generation
facility (to be completed on the North Site) was included in the definition of the South
Components to allow for construction staging for the South Parcels on the site.
Preparation of construction plans for the E-Generation facility will not be completed by the
closing date for the South Parcels as required under the Contract. PLACE expects these plans to
follow after approval of the Via Luna and the hotel plans. PLACE maintains that the time
expected to construct this facility should be much shorter than the other project components
and should be completed by the same time as time as Via Luna and the hotel.
Special study session meeting of November 18, 2019 (Item No. 1) Page 4
Title: PLACE Via Sol and Via Luna projects update
As a condition for closing on conveyance of the South Parcels, the Purchase and
Redevelopment Contract with PLACE requires that the construction plans for the South
Components must be approved by the EDA (city) on or before the property closing date
(December 31, 2019). Since these and other actions are required to be complete prior to
closing, PLACE is requesting that the closing date for acquisition of the South Parcels be
extended to January 31, 2020. However, it is unclear how the E-Generation construction permit
approvals factor into this extension request since it is anticipated that the construction plans
will not be submitted until sometime after January 31, 2020.
Additionally, PLACE has changed its construction method for the Via Luna apartment building to
a lift process. This construction method has never been used in Minnesota, nor in the United
States since the late 1980’s. As such, the structural review process may take longer than typical
since the city will need to hire a consulting structural engineer to review the building design.
FINANCING UPDATES
Via Luna Housing Allocation Bonds
At the November 5, 2018 council meeting, the city council held a public hearing and amended
terms for the Series 2017 Note (housing allocation bonds), issued in the amount of $27,183,503
to finance Via Luna. Old National Bank, with which the bonds are currently parked,
subsequently extended the bonds twice and will now expire on January 31, 2020. State law has
since changed and now prohibits these bonds from being further extended. There is insufficient
time to publicly sell the bonds. However, PLACE has indicated they are working to have the
bonds privately placed with Greater Minnesota Housing Fund which would not require as much
time as a public sale and could allow them to close by the January 31, 2020 expiration date.
Hotel
PLACE has indicated that “the hotel has assembled $37.8M of the total $49.8M cost” and is
working to secure the additional equity needed for the project. PLACE hopes to have a further
update by the Study Session.
E – Generation Facility
PLACE has also indicated that financing for the E-Generation is “lined up”. Further
documentation will need to be submitted to staff for verification.
Proposed Revisions to Purchase and Redevelopment Contract
The proposed revisions to the Via Luna and hotel projects as outlined in the pending PUD
amendment (namely the removal of the 33 market rate apartment units, the addition of two
more affordable units ((3-bedroom units)) and revising the number and types of Live/Work
units distributed between the two apartment buildings) are material changes under the
Purchase and Redevelopment Contract necessitating a Sixth Amendment.
As noted above, construction plans for the Via Luna apartment, hotel, and E-Generation
buildings (South Components) will not be approval-ready by the required financing/real estate
closing date of December 31, 2019. PLACE therefore is requesting that the closing date for
acquisition of the South Parcels be extended to January 31, 2020. However, currently it is
Special study session meeting of November 18, 2019 (Item No. 1) Page 5
Title: PLACE Via Sol and Via Luna projects update
unclear how the E-Generation construction permit approvals factor into this extension request
since it is anticipated that the construction plans will not be submitted until sometime after
January 31, 2020. PLACE will need to request some type of accommodation for submittal of the
construction plans for the E–Generation facility in order to close on the South Parcels by
January 31, 2020.
Given the current construction status of Via Sol on the North Parcels and the additional time
needed to close and start construction on the South Parcels, PLACE is requesting that the
construction completion date for Via Sol be extended to August 31, 2021, and the
commencement and completion dates for Via Luna be extended to February 29, 2020, and
August 31, 2021 respectively.
Next steps: The above requested revisions and extensions require a Sixth Amendment under
the Purchase and Redevelopment Contract. Pending direction from the council, such an
amendment could be scheduled for EDA consideration on December 2, 2019.
MEMORANDUM
DATE: November 11, 2019
TO: City of St. Louis Park
FROM: Chris Velasco
RE: Via community update
Dear All:
Thank you for the opportunity to update you on our Via community. We appreciate that the City gave us the
opportunity to succeed on the North Phase, and we have successfully closed on that phase and broken ground. We
request the same opportunity to succeed with our South Phase.
The Via Community is a sustainable, transit-oriented campus surrounding the Wooddale Station. The campus
provides 267 apartments for people across the income spectrum, including a healthy mix of households earning
50%, 60%, 80% of Area Median Income (AMI), and market rate apartments and live work spaces, all seeking a
LEED™ award for green building and sustainable design.
Via’s North Phase contains:
•217 apartments, including 152 affordable apartments and 65 market-rate apartments
•Space for a bike shop opening onto the bike trail
•Urban Art Forest
•Solar parking and wind turbine
•FULLY FINANCED AND BROKEN GROUND
Via’s South Phase contains:
•Hotel (Fairfield Inn & Suites by Marriott). Franchise awarded. First nonprofit Marriott franchise.
•Via Luna (50 affordable live work apartments for creatives)
•Creative Co-Working with performance/exhibit space
•Cafe and coffee house, and rooftop deck
•NEEDS A ONE MONTH EXTENSION FROM YOU
PLACE is a nonprofit with a mission to create places that foster a sustainable, just, and inspiring world.
100 Portland Avenue South
Suite 100
Minneapolis, Minnesota 55401
info@welcometoplace.org
welcometoplace.org
T (612) 309-3889
Special study session meeting of November 18, 2019 (Item No. 1)
Title: PLACE Via Sol and Via Luna projects update Page 6
Project Updates
North Phase (Via Sol)
Top Five Things to Know about Via Sol:
1.The North Phase is fully financed and has broken ground.
2.The site turned out to be even more contaminated than environmental studies had shown. Remediation took
longer and cost nearly twice as much as had been budgeted. All contaminated conditions have now been abated.
3.The Architect of Record had to be terminated for default of their contract. Design Architect, MSR, took over
responsibility as AOR. The Building and Energy Department suspended the project’s building permit on August
6, requiring all documents to be re-submitted and reviewed. We anticipate that work will be allowed to resume by
January 20.
4.Project commercial broker, Rich Yablonsky, received interest from Erik’s Bike Board & Ski in opening a bike
shop in Via Sol.
5.Via Sol has nearly 100 people on its waiting list and is expected to open in August 2021.
South Phase (Hotel & Via Luna)
Top Six Things to Know about the Hotel and Via Luna:
1.Approval. Project design has been greatly improved by LHB Architects, and received Planning Commission
approval on Wednesday, November 6. Most of our parking has moved below ground.
2.New architect. The Architect of Record had to be terminated for default of their contract. They withheld the
architectural plans from the project and caused a substantial delay. LHB Architects have taken over and
redesigned the project from scratch, a cost to PLACE and to the timeline.
3.More affordable. We have added two additional affordable, 3-bedroom live work apartments in the bridge
4.Creative Co-Working. The first and second floors comprise our Creating Co-Working Space and allow for
visitors to meet the creatives in their spaces and see creative works in process. The multi-purpose space will serve
as affordable, performance and exhibit space for St. Louis Park.
5.Job Training. The hotel will be operated by Aimbridge Hospitality, who will train people from Via’s affordable
housing to have careers in hospitality.
6.Arts & Transit Plaza. Our design will feature an Arts and Transit Plaza to celebrate the Wooddale Station area
and create a sense of place.
Special study session meeting of November 18, 2019 (Item No. 1)
Title: PLACE Via Sol and Via Luna projects update Page 7
Financing Updates
North Phase (Via Sol)
1.The North Phase is fully financed and has broken ground.
2.The delay caused by the suspension of the building permit has cost the project approximately $270,000 each
month, which has depleted our interest reserve account.
3.PLACE has three strategies to replace lost funds:
1.Improve budget and schedule. The team will look for opportunities to construct the building more cost
effectively, and to speed up the schedule.
2.Fund raise. It is always easier to raise donations once the building starts to be visible
3.Insurance. We have insurance to rectify the project for costs caused by the architect who defaulted
South Phase (Hotel & Via Luna)
1.Via Luna has all financing lined up.
2.The hotel has assembled $37.8M of the total $49.8M cost. Equity broker, Mainstreet Funding Solutions
(recommended by Marriott), has been engaged to secure the financing for the project. Note: Things are moving
quickly with hotel financing, and an update may be available by the Study Session.
3.E-Generation™ has all financing lined up.
TOTAL COST (w/o E-Gen)$49,845,321
First Mortgage $16,082,656
Via Luna Master Lease $13,200,005
Pace Equity $7,727,660
City Loan $525,000
DEED Grant $310,000
Owner Equity $12,000,000
TOTAL SOURCES $49,845,321
Special study session meeting of November 18, 2019 (Item No. 1)
Title: PLACE Via Sol and Via Luna projects update Page 8
Timeline Updates
North Phase (Via Sol)
Via Sol is expected to be ready for occupancy in August of 2021.
South Phase (Hotel & Via Luna)
The South Phase is expected to be ready for occupancy in August of 2021
E-Generation™
E-Generation is expected to be ready for operation in August of 2021
*Note: All final components of Via are expected to be completed at the same time; August of 2021
Special study session meeting of November 18, 2019 (Item No. 1)
Title: PLACE Via Sol and Via Luna projects update Page 9
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4a
Executive summary
Title: Zoning ordinance establishing facade transparency requirements
Recommended action: Motion to approve second reading and adopt Ordinance amending
Section 36-4 definitions and Section 36-366 architectural design to establish transparency
requirements for ground floor street facing facades in the C-1, C-2, and MX Districts, and retail,
service and restaurant uses in the O and BP Districts, and approve the Summary Ordinance for
publication.
Policy consideration: Does city council wish to require a minimum amount of ground floor
transparency for street facing facades?
Summary: The city has regulated the amount of ground floor transparency in planned unit
developments to increase the interaction between the internal spaces of a building with the
public realm. One of the city’s goals is to allow people inside buildings to easily observe street
life and improve public safety. Ground floor transparency regulations are particularly important
in areas where there is high pedestrian traffic, as transparency can help create a vibrant and
safer street. Ground floor windows and transparent doors may also strengthen the commercial
viability of a use by attracting customers and adding to the enjoyment of the pedestrian’s
experience on the street.
The attached draft ordinance responds to feedback from the planning commission and city
council. The intent of the ordinance is to be flexible, especially for small businesses and existing
buildings, yet provide for a safe and active pedestrian realm and vibrant streets.
The planning commission held a public hearing on October 16, 2019 and voted 6 to 0 to
recommend adoption of the proposed ordinance.
The city council voted 6 to 0 to approve the first reading of an Ordinance on November 4, 2019
based on the recommendation of the planning commission.
Financial or budget considerations: None.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Ordinance
Summary for publication
Map of affected areas
Prepared by: Jennifer Monson, planner
Reviewed by: Sean Walther, planning and zoning supervisor
Karen Baron, community development director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4a) Page 2
Title: Zoning ordinance establishing facade transparency requirements
Discussion
Background: In the summer of 2018, city council directed staff and the planning commission to
consider zoning standards for ground floor window transparency to increase vibrancy along the
city’s commercial streets. The planning commission and city council have since discussed the
importance of ground floor transparency requirements and have provided feedback on a draft
ordinance during several study sessions, and one joint city council/planning commission study
session.
The city has regulated the amount of ground floor transparency in planned unit developments
to increase the interaction between the internal spaces of a building with the public realm. In
the past, there has been very little pushback with developers on these requirements; however,
commercial and especially retail tenants, who tend to be more focused on the interior layouts
of their spaces than the building’s exterior design (except perhaps the building orientation
toward parking lots), have tried to reduce the amount of required window transparency.
The attached draft ordinance responds to feedback from the planning commission and city
council. The intent of the ordinance is to provide flexibility, especially for small businesses and
existing buildings, yet advance the city’s goals for a safe and active pedestrian realm and
vibrant streets.
The limitations on window paintings and signage that are included in the ordinance would be
applied to all businesses, existing and new in the C-1 and C-2 Districts, and retail, service, and
restaurant uses in the O and BP Districts. The remainder of the ordinance will be applied when
upgrades and renovations to buildings occur. The regulation establishing a minimum
percentage of transparency on the front and side street facing facades would not apply to
existing buildings. This requirement will be enforced on all new buildings and buildings which
expand the gross floor area of the building by more than 50 percent.
In January 2019, the planning commission voted 6 to 0 to recommend denial of the ordinance.
Planning commission members were concerned about requiring prescriptive amounts of
transparency along ground floor, street facing facades, as well as restricting the first three feet
of space within the building. They were also hesitant to strictly limit the sign area in windows,
and they were not convinced the flexibility afforded in the ordinance could be administered
both consistently (fairly) and as broadly as businesses may need.
After further discussions with city council in March, planning commission revisited the
ordinance, and thought the overall amount of required transparency should be reduced to 50
percent. No other changes were recommended to the proposed ordinance.
The planning commission held a public hearing on October 16, 2019 and voted 6 to 0 to
recommend adoption of the proposed ordinance.
The city council voted 6 to 0 to approve the first reading of an Ordinance on November 4, 2019
based on the recommendations of the planning commission.
City council meeting of November 18, 2019 (Item No. 4a) Page 3
Title: Zoning ordinance establishing facade transparency requirements
Ordinance No. ____-19
Ordinance relating to Section 36-4 Definitions and Section 36-366 Architectural
Design to establish transparency requirements for ground floor street facing
facades in the C-1, C-2, and MX Districts, and retail, service, and restaurant uses
in the O and BP Districts
The City of St. Louis Park does ordain:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 18-70-ZA).
Section 2. Sections of Chapter 36 of the St. Louis Park City Code are hereby amended by
adding underscored text and deleting strikethrough text. Section breaks are represented by
***.
CHAPTER 36
ZONING
Section 36-4 Definitions
************
Ground Floor Transparency means the measurement of the percentage of a facade that has
highly transparent, low reflectance windows at the pedestrian level, measured between 2’ and
8’ above grade.
************
36-366 Architectural design
**
(b) Standards.
**
(3) Ground floor transparency.
a. The following façade design guidelines shall be applicable to all ground floor
street-facing facades in the C-1, C-2, and MX Districts, and retail, service, and
restaurant uses in O and BP Districts:
i. Window paintings and signage shall cover no more than 10 percent of the
total window and door area.
City council meeting of November 18, 2019 (Item No. 4a) Page 4
Title: Zoning ordinance establishing facade transparency requirements
ii. Visibility into the space shall be maintained for a minimum depth of three
(3) feet. Display of merchandise is allowed within this three (3) feet.
iii. Interior storage areas, utility closets and trash areas shall not be visible
from the exterior of the building.
iv. No more than 10 percent of total window and door area shall be glass
block, mirrored, spandrel, frosted or other opaque glass, finishes or
material including window painting and signs. The remaining 90 percent
of window and door area shall be highly transparent, low reflectance
windows with a minimum 60 percent transmittance factor and a
reflectance factor of not greater than 0.25.
v. For all new buildings constructed after January 1, 2019, and existing
buildings which expand the gross square footage of the building by more
than 50 percent, the minimum ground floor transparency shall be 50
percent on the front façade, and 20 percent on all other ground floor
street facing facades.
vi. The city acknowledges a degree of flexibility may be necessary to adjust
to unique situations. Alternatives that provide an increase in pedestrian
vibrancy and street safety including but not limited to public art and
pedestrian scale amenities may be considered and may be approved by
the Zoning Administrator, unless the development application requires
approval by City Council, in which case the City Council shall approve the
alternate transparency plan.
(3)(4) Additions and accessory structures. The exterior wall surface materials, roof
treatment, colors, textures, major divisions, proportion, rhythm of openings, and
general architectural character, including horizontal or vertical emphasis, scale,
stylistic features of additions, exterior alterations, and new accessory buildings
shall address and respect the original architectural design and general
appearance of the principal buildings on the site and shall comply with the
requirements of this section.
(4)(5) Screening.
a. The visual impact of rooftop equipment shall be minimized using one of the
following methods. Where rooftop equipment is located on buildings and is
visible within 400 feet from property in an R district, only the items listed in
subsections 1 and 2 shall be used.
1. A parapet wall.
2. A fence the height of which extends at least one foot above the top of the
rooftop equipment and incorporates the architectural features of the
building.
3. The rooftop equipment shall be painted to match the roof or the sky,
whichever is most effective.
City council meeting of November 18, 2019 (Item No. 4a) Page 5
Title: Zoning ordinance establishing facade transparency requirements
b. Utility service structures (such as utility meters, utility lines, transformers,
aboveground tanks); refuse handling; loading docks; maintenance structures;
and other ancillary equipment must be inside a building or be entirely screened
from off-site views utilizing a privacy fence or wall that is at least six feet in
height. A chain link fence with slats shall not be accepted as screening.
c. All utility services shall be underground except as provided elsewhere in this
chapter.
(5)(6) Parking ramps. All new parking ramps shall meet the following design standards:
a. Parking ramp facades that are visible from off the site shall display an integration
of building materials, building form, textures, architectural motif, and building
colors with the principal building.
b. No signs other than directional signs shall be permitted on parking ramp facades.
c. If the parking ramp is located within 20 feet of a street right-of-way or
recreational trail, the facade facing the street shall be subject to the same
requirements for exterior surface materials as for buildings.
(6)(7) Awnings and canopies.
a. Awnings and Canopies.
1. Construction. Awnings and canopies shall have noncombustible frames. If
an awning can be collapsed, retracted or folded, the design shall be such that
the awning does not block any required exit.
2. Projection. Awnings and canopies less than 25 feet in width may extend up
to two feet from the face of the nearest curb line measured horizontally.
3. Clearance. All portions of any awning and canopy shall provide at least eight
feet of clearance or any walkway and twelve feet of clearance over nay
driveway or roadway.
4. Supports. Canopy posts or other supports located within a public right-of-
way or easement shall be placed in a location approved by the city engineer.
b. Permit required. A building permit shall be issued prior to the installation of any
awning or canopy. In addition to the building permit, an encroachment
agreement shall be issued by the city engineer prior to the installation of any
awning or canopy that extends into, upon or over any street or alley right-of-
way, park or other public property. The encroachment agreement shall include
provisions that hold the owner of the awning or canopy liable to the city for any
damage which may result to any person or property by reason of such
encroachment or the removal of such encroachment. Additional conditions may
be imposed on encroachment permits to protect the health, safety or welfare of
City council meeting of November 18, 2019 (Item No. 4a) Page 6
Title: Zoning ordinance establishing facade transparency requirements
the public or to protect nearby property owners from hardship or damage or to
protect other public interests as determined by the city engineer.
c. Submission requirements. The following information shall be submitted prior to
the installation of an awning or canopy.
1. Application form and fee. A separate fee shall be required for the building
permit and encroachment agreement.
2. Dimensioned and scaled site plan and building elevations.
3. Four sets of drawings for each awning or canopy proposed.
d. Projections to be safe. All such projections over public property shall be
structurally safe, shall be kept in a safe condition and state of repair consistent
with the design thereof and repaired when necessary in the opinion of the city
engineer or building official by and at the expense of the person having
ownership or control of the building from which they project.
e. Removal upon order. The owner of an awning or canopy, any part of which
projects into, upon, over or under any public property shall upon being ordered
to do so by the city engineer remove at once any part or all of such
encroachment and shall restore the right-of-way to a safe condition. Such
removal and restoration of the right-of-way will be at the sole expense of the
property owner. The city may, upon failure of the property owner to remove the
encroachment as ordered, remove the encroachment, and the reasonable costs
of removing such encroachment incurred by the city shall be billed and levied
against the property as a special assessment.
Section 3. This ordinance shall take effect (December 13, 2019)
Reviewed for administration: Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
First Reading November 4, 2019
Second Reading November 18, 2019
Date of Publication November 28, 2019
Date Ordinance takes effect December 13, 2019
City council meeting of November 18, 2019 (Item No. 4a) Page 7
Title: Zoning ordinance establishing facade transparency requirements
Summary for Publication
Ordinance No. ____-19
An ordinance relating to ground floor street facing facades
This ordinance amends Sections 36-4 Definitions and Section 36-366 Architectural Design to
establish transparency requirements for ground floor street facing facades in the C-1, C-2, and
MX Districts and retail, service and restaurant uses in the O and BP Districts.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council November 18, 2019
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: November 28, 2019
City council meeting of November 18, 2019 (Item No. 4a) Page 8
Title: Zoning ordinance establishing facade transparency requirements
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4b
Executive summary
Title: Special assessment – sewer service line repair at 2749 Blackstone Avenue South
Recommended action: Motion to adopt Resolution authorizing the special assessment for the
repair of the sewer service line at 2749 Blackstone Avenue South, St. Louis Park, MN.
P.I.D. 09-117-21-32-0024.
Policy consideration: The proposed action is consistent with policy previously established by
the city council.
Summary: Clark Johnson, owner of the single-family residence at 2749 Blackstone Avenue
South, has requested the city authorize the repair of the sewer service line for their home and
assess the cost against the property in accordance with the city’s special assessment policy.
The city requires the repair of service lines to promote the general public health, safety and welfare
within the community. The special assessment policy for the repair or replacement of water or
sewer service lines for existing homes was adopted by the city council in 1996. This program was put
into place because sometimes property owners face financial hardships when emergency repairs like
this are unexpectedly required. Plans and permits for this service line repair work were completed,
submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer
service line in compliance with current codes and regulations. Based on the completed work, this
repair qualifies for the city’s special assessment program. The property owner has petitioned the city
to authorize the sewer service line repair and special assess the cost of the repair. The total eligible
cost of the repair has been determined to be $3,975.
Financial or budget considerations: The city has funds in place to finance the cost of this special
assessment.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Jay Hall, utility superintendent
Reviewed by: Mark Hanson, public works superintendent
Beth Simonsen, accountant
Tim Simon, chief financial officer
Cynthia S. Walsh, director of operations and recreation
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4b) Page 2
Title: Special assessment – sewer service line repair at 2749 Blackstone Avenue South
Resolution No. 19-____
Resolution authorizing the special assessment for the repair of the
sewer service line at 2749 Blackstone Avenue South, St. Louis Park, MN
P.I.D. 09-117-21-32-0024
Whereas, the property owner at 2749 Blackstone Avenue South, has petitioned the City
of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the
single family residence located at 2749 Blackstone Avenue South; and
Whereas, the property owner has agreed to waive the 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
Utility Superintendent related to the repair of the sewer service line.
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 sewer service line repair is hereby accepted.
2. The sewer service line repair that was done in conformance with the plans and
specifications approved by the Operations and Recreation Department and Department of
Inspections is hereby accepted.
3. The total cost for the repair of the sewer service line is accepted at $3,975.
4. The property owner has agreed to waive the right 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.
5. The property owner has agreed to pay the city for the total cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of 4.25%.
6. The property owner has executed an agreement with the city and all other documents
necessary to implement the repair of the sewer service line and the special assessment of
all costs associated therewith.
Reviewed for administration: Adopted by the City Council Nov. 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4c
Executive summary
Title: Final payment resolution – Utica Avenue Trail – Project No. 4017-2000D
Recommended action: Motion to adopt Resolution accepting work and authorizing final
payment in the amount of $27,368.18 for the Utica Avenue Trail project with G.L. Contracting,
Inc. – Project No. 4017-2000D
Policy consideration: Not applicable.
Summary: On August 6, 2018, the city council awarded the bid for the Utica Avenue Trail. The
project was advertised, bid and awarded to G.L. Contracting, Inc. in the amount of $641,997.55.
This trail was constructed parallel to Utica Avenue, just west of Highway 100. It connects the
North Cedar Lake Regional Trail to the Birchwood neighborhood, the pedestrian bridge over
Highway 100, and the newly installed bikeway along 28th Street and 27th Street.
The contractor completed this work within the contract time allowed at a final contract cost of
$547,363.51. This is a significant underrun in the project of approximately $95,000. The
underrun is attributed to the removal of underground conduit and handholes from the
contract. The original estimate for the conduit work was approximately $50,000. It was
determined that the conduit could be installed later as part of a more cost-effective project
without negatively impacting the trail.
Financial or budget considerations: The cost of the work performed by the contractor under
Contract No. 105-18 has been calculated as follows:
Original contract price $641,997.55
Work certified to date $547,363.51
Previous payments $519,995.33
Balance due $27,368.18
This project was planned for and included in the city’s capital improvement program (CIP) for
2017 using General Obligation Bonds.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Resolution
Prepared by: Jack Sullivan, senior engineering project manager
Reviewed by: Debra Heiser, engineering director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4c) Page 2
Title: Final payment resolution – Utica Avenue Trail – Project No. 4017-2000D
Resolution No. 19-____
Resolution authorizing final payment
and accepting work of the
2017 Connect the Park
Utica Avenue Trail project
City project No. 4017-2000D
Contract No. 105-18
Be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated August 6, 2018, G.L. Contracting,
Inc. has satisfactorily completed the 2017 Connect the Park, Utica Avenue Trail
project, as per Contract No. 105-18.
2. The Engineering Director has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The final contract
cost is $547,363.51.
4. The City Manager is directed to make final payment in the amount of $27,368.18 on
this contract, taking the contractor's receipt in full.
Reviewed for administration: Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4d
Executive summary
Title: Resolution of support for Perspectives’ State Capital Grants Bonding Request
Recommended action: Motion to adopt Resolution supporting Perspectives’ State Capital
Grants Bonding Request of $4.9 million to complete their Seed the Change Capital Project.
Policy consideration: Does the council wish to adopt a resolution supporting Perspectives
request for $4.9 million in the 2020 Capital Investment Bill to complete their Seed the Change
capital project?
Summary: Perspectives, Inc. has requested the City of St Louis Park serve as the municipal
sponsor for their $4.9 million State Capital Grant request to complete their Seed the Change
Capital campaign. The Seed the Change capital campaign was launched for the purpose of
renovating their 60-year-old facility into a functional, healthy and vibrant family center. The
22,000 square foot building was purchased in 1996, and despite costly repairs over time, has
continued to deteriorate. Additionally, the building is at capacity as demand continues to
increase.
The facility will serve dual-diagnosed, previously homeless mothers and their children, as well
as economically disadvantaged children within the community, Grades K-8, who are on the
free/reduced lunch program. The facility will also serve preschool children living in poverty
who have been traumatized through homelessness, addiction, and abuse.
As part of the formal request process, the State office of Management and Budget requires
the city to adopt a resolution supporting Perspectives’ Capital Investment Bill request and
ranking the priority in relation to other State Bonding requests the city may have. The city
does not have any other 2020 State Bonding requests, so Perspectives’ request can be ranked
as the city’s first choice.
Perspectives made a similar request of the city last year; however, no bonding bill was passed
by the State in 2019.
Financial or budget considerations: No financial or budget impacts other than associated
staff time.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Resolution
Perspectives website: www.perspectives-family.org
Prepared by: Karen Barton, community development director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4d) Page 2
Title: Resolution of support for Perspectives’ State Capital Grants Bonding Request
Discussion
Background: Founded in 1976, Perspectives, Inc. is a 43-year-old human service agency located
in St. Louis Park that serves homeless mothers and their children who are suffering from co-
occurring mental health and substance abuse disorders. Perspectives offers the largest program
for therapeutic supportive housing for women and children in the Midwest, housing
approximately 75 women and 130 children annually.
Perspectives launched their Seed the Change Capital Campaign for the purpose of renovating
their 60-year-old office building into a vibrant family center. Perspectives purchased the
22,000-sq.-ft. building in 1996 and, over time, has reconfigured it in order to provide
comprehensive services to homeless/at risk families and children. Today, despite costly repairs,
the building continues to deteriorate, and the space is at capacity. There is also an urgent need
to provide security and handicap accessibility, which the current building does not have.
Present considerations: Seed the Change Capital Campaign for Perspectives will completely
renovate the existing 22,000 square foot Family Center and expand the Perspectives Family
Center by an additional 16,000 square feet. The newly renovated and expanded 38,000 square
foot facility will include: four new Early Childhood Education classrooms; new & expanded
therapy and group rooms for Outpatient Co-occurring Treatment and Children’s Mental Health;
Kids Cafe dining room expansion; safe, fenced playgrounds and additional green space,
expanded space for Kids Connection Programming; updated secure reception area, new multi-
purpose/media room; and new parking lot.
The funding will provide for expansion and enhancement for four key programs: 1. Clinical
Services - providing onsite diagnostic assessments, treatment planning, screening, referrals and
individual, family and/or group psychotherapy, led by an integrated team of mental health and
chemical health professionals. 2. Children's Mental Health - therapists provide assessments,
treatment plans and both one-on-one and family counseling to assist children in their healing
process. 3. Kids Connection - a year-round, comprehensive, extended-day academic program. 4.
Kids Cafe - a nutritional and culinary program.
Next steps: Should Perspectives receive the requested State Capital Grant Bond funding, the
City of St Louis Park would enter into agreements with Perspectives for the operation of the
facility.
Perspectives anticipated timeline for construction, pending funding approval is as follows:
Construction Bids sought - June/July 2020
Contractor selection - September 2020
Contractor Agreements completed - February 2021
Construction begins - April 2021
Building Addition completed - August 2021
Building renovations completed - February 2022
Project Completed - March 2022
City council meeting of November 18, 2019 (Item No. 4d) Page 3
Title: Resolution of support for Perspectives’ State Capital Grants Bonding Request
Resolution No. 19-____
Resolution supporting Perspectives, Inc. request of $4.9 million in
State of Minnesota Capital Grant Funding for 2020
Whereas, Perspectives, Inc., a nationally recognized non-profit human service agency,
providing intervention services to women and children to address the devastating effects of
homelessness, poverty and the exposure to addiction, mental illness, and abuse; and
Whereas, Perspectives, Inc. has launched a capital campaign for the purpose of
renovating their 60-year-old facility to expand their services and provide an accessible, safe,
and healthy environment for the people they serve; and
Whereas, Perspectives, Inc. is seeking $4.9 million in Capital Grant funding from the State
of Minnesota to complete their Seed the Change Capital Campaign; and
Whereas, The City of St Louis Park is supportive of Perspectives’ mission and recognizes
the importance of the services they provide to the community and region; and
Whereas, The City of St Louis Park has the ability and legal authority to serve as the
municipal sponsor for Perspectives’ State Capital Grant request;
Now therefore be it resolved that the City of St Louis Park does acknowledge support for
Perspectives’ State Capital Grant funding request; and
It is further resolved that the City of St Louis Park ranks this 2020 Capital Investment Bill
request on behalf of Perspectives, Inc as the city’s first priority in State Capital Grant funding for
2020.
Reviewed for administration: Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4e
Executive summary
Title: Award of the 2020 arts and culture grants
Recommended action: Motion to adopt Resolution authorizing the award of the 2020 arts and
culture grants.
Policy consideration: Are the recommended grant awards in keeping with council
expectations?
Summary: The council has supported the annual arts and culture grant program since its
inception in 2006. The grant program is intended to fund art projects and cultural activities that
build bridges between artists and communities, engages people in creative learning and
promotes artistic production and cultural experiences in St. Louis Park. This program is funded
through the city’s budget process. St. Louis Park Friends of the Arts provides technical assistance.
The grant committee is comprised of the St. Louis Park Youth Development Fund, Friends of the
Arts, city staff, Discover St. Louis Park and community members. The committee reviewed the
applications and identified applicants whose proposals best met the objectives of the grant
program. Twelve applications were received for the 2020 grant process. The following three best
met the criteria and were recommended for approval:
•Cindy Jurgensen: $10,000 to be used to create a mural in Historic Walker Lake.
•Sabes Jewish Community Center (JCC) (Robyn Awend): $3,000 to fund the “Celebration
of Rube Goldberg” exhibition and workshop.
•Kristina Nesse: $5,500 to fund “Joy Street,” a street painting initiative.
Financial or budget considerations: $20,000 is budgeted in the Development Fund for 2020.
The total recommended amount for art projects in 2020 is $18,500.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Resolution
Prepared by: Maria Solano, senior management analyst
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4e) Page 2
Title: Award of the 2020 arts and culture grants
Resolution No. 19-____
Resolution authorizing award of St. Louis Park
Arts and Culture Grants to Cindy Jurgensen,
Sabes Jewish Community Center and Kristina Nesse
Whereas, the City of St. Louis Park created this program in 2006 with the assistance of
Friends of the Arts and the St. Louis Park Youth Development Fund to create and support a
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, twelve applicants responded to the call for proposals and were evaluated by a
committee comprised of representatives of the St. Louis Park Youth Development Fund, Friends
of the Arts, city staff, Discover St. Louis Park and community members; and
Whereas, the committee recommends the city council fund three (3) grant proposals for
a total of $18,500.
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 the review committee’s recommendations and the applicants’ proposals:
1.Cindy Jurgensen is awarded a maximum of $10,000.
2.Sabes Jewish Community Center (JCC) (Robyn Awend) is awarded a maximum of
$3,000.
3.Kristina Nesse is awarded a maximum of $5,500.
Reviewed for Administration: Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4f
Executive summary
Title: Final payment resolution – Carpenter Park Tennis Court Reconstruction – Project No.
21211119
Recommended action: Motion to adopt Resolution accepting work and authorizing final
payment in the amount of $30,253.85 to Northwest Asphalt, Inc. for the reconstruction of three
tennis courts at Carpenter Park, city contract no. 87-19.
Policy consideration: Not applicable.
Summary: On April 15, 2019, the city council awarded a contract in the amount of $135,917 for
the reconstruction of three tennis courts in Carpenter Park.
The contractor completed its work within the contract time allowed at a final contract cost of
$159,375. The final cost includes change orders for additional quantities of top soil and seed,
contaminated soil disposal, and extra gravel base.
Financial or budget considerations: The 2019 CIP included $145,000 for the reconstruction of
tennis courts. The cost of the work performed by the contractor under contract no. 87-19 has
been calculated as follows:
Original contract $135,917.00
Change order additions 23,458.00
Revised contract $159,375.00
Previous payments $129,121.15
Balance due $30,253.85
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Stacy M. Voelker, senior office assistant
Reviewed by: Rick Beane, parks superintendent
Cynthia S. Walsh, director of operations and recreation
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4f) Page 2
Title: Final payment resolution – Carpenter Park Tennis Court Reconstruction – Project No. 21211119
Resolution No. 19-____
Resolution authorizing final payment
to Northwest Asphalt, Inc. and accepting work for the
reconstruction of three tennis courts in Carpenter Park
City Project No. 21211119
Contract No. 87-19
Be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows:
1.Pursuant to a written contract with the city dated April 16, 2019, Northwest Asphalt, Inc.
has satisfactorily completed the reconstruction of three tennis courts in Carpenter Park, as
per Contract No. 87-19.
2.The Operations and Recreation Director has filed her recommendation for final acceptance
of the work.
3.The work completed under this contract is accepted and approved. The final contract cost is
$159,375.00.
4.The city manager is directed to make final payment in the amount of $30,253.85 on this
contract, taking the contractor's receipt in full.
Reviewed for administration: Adopted by the City Council Nov. 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4g
Executive summary
Title: Final payment resolution – Wolfe Park Pickleball Court Construction – Project No.
21999908
Recommended action: Motion to adopt Resolution accepting work and authorizing final
payment in the amount of $9,648.63 to K. A. Witt Construction, Inc. for the construction of five
pickleball courts in Wolfe Park, city contract no. 94-19.
Policy consideration: Not applicable.
Summary: On April 15, 2019, the city council awarded a contract in the amount of $209,906 for
the construction of five pickleball courts in Wolfe Park.
The contractor completed their work within the contract time allowed at a final contract cost of
$198,972.65. The final cost includes change orders for reductions in the cost of tree removal
and disposal of excavated soils.
Financial or budget considerations: The 2019 CIP included $175,000 for the construction of
pickleball courts. Staff rearranged some CIP projects and saved money on other projects to
cover the increased cost for this project in the Park Improvement Fund. The contract to K. A.
Witt Construction, Inc. was the largest part of this project. The cost of the work performed by
the contractor under contract no. 94-19 has been calculated as follows:
Original contract $209,906.00
Change order reductions ($10,933.35)
Revised contract $198,972.65
Previous payments $189,024.02
Balance due $9,948.63
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Stacy M. Voelker, senior office assistant
Reviewed by: Rick Beane, parks superintendent
Cynthia S. Walsh, director of operations and recreation
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4g) Page 2
Title: Final payment resolution – Wolfe Park Pickleball Court Construction – Project No. 21999908
Resolution No. 19-____
Resolution authorizing final payment
to K. A. Witt Construction, Inc. and accepting work for the
construction of five pickleball courts in Wolfe Park
City Project No. 21999908
Contract No. 94-19
Be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows:
1.Pursuant to a written contract with the city dated April 16, 2019, K. A. Witt Construction,
Inc. has satisfactorily completed the construction of five pickleball courts in Wolfe Park, as
per Contract No. 94-19.
2.The Operations and Recreation Director has filed her recommendation for final acceptance
of the work.
3.The work completed under this contract is accepted and approved. The final contract cost is
$198,972.65.
4.The city manager is directed to make final payment in the amount of $9,948.63 on this
contract, taking the contractor's receipt in full.
Reviewed for administration: Adopted by the City Council Nov. 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: November 18, 2019
Consent agenda item: 4h
Executive summary
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street
(Petition)
Recommended action: Motion to adopt Resolution authorizing installation of all-way stop
controls on Quentin Avenue at 40th Street.
Policy consideration: Installing traffic controls is allowed per the city’s established regulatory
authority. City council considers non-qualifying traffic control devices if 70 percent of properties
within a 600-foot radius from the location sign a petition.
Summary: Staff received a request for all-way stop signs at the intersection of Quentin Avenue
and 40th Street in February 2016. The intersection is a four-way intersection with stop signs at
the west and east approaches. The west approach meets the intersection at a skewed angle.
The city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices
(MnMUTCD) guide the installation of stop signs. The policy sets out warrant criteria that an
intersection should meet in order to have stop signs installed.
The traffic committee discussed the study at the August 2016 meeting and did not recommend
supporting the request because the intersection did not meet the thresholds for stop sign
installation.
Staff received a petition that meets the traffic control policy requirements. Past practice by the
council has been to approve stop sign requests when such a petition is received.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed traffic control change. 20 comments were received from residents through email. 17
were in support of adding stop signs and 3 were against the addition of stop signs.
Financial or budget considerations: The cost to install these traffic controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Resolution
Petition
Prepared by: Ben Manibog, transportation engineer
Reviewed by: Debra Heiser, engineering director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 4h) Page 2
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
Discussion
Background: Staff received a request for all-way stop signs at the intersection of Quentin
Avenue and 40th Street in February 2016. The intersection is a four-way intersection with stop
signs at the west and east approaches. The west approach meets the intersection at a skewed
angle.
The city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices
(MnMUTCD) guide the installation of stop signs. The policy sets out warrant criteria that an
intersection should meet in order to have stop signs installed. The stop sign criteria for traffic
volume, crash history, and sightlines were not met for this intersection.
Stop signs are installed to control conflicting traffic movements at intersections and assign who
has the right of way. Multiple studies have found that stop signs do not slow down traffic
except in the immediate vicinity of the intersection. Also, stop sign compliance is low when
drivers believe the signs are not justified, creating an enforcement problem. Finally, they create
traffic noise and higher CO2 emissions due to vehicles slowing down, idling, and starting back
up again. Past experience has demonstrated that placing stop signs in locations where they do
not meet these conditions can potentially cause an intersection to be less safe due to low
compliance.
Traffic study: The traffic committee discussed the study at the August 2016 meeting and did
not recommend supporting the request because the intersection did not meet the thresholds
for stop sign installation.
The thresholds for stop sign installation are as follows:
• Combined vehicular, bicycle and pedestrian volumes entering the intersection from all
approaches averages more than 2,000 a day.
Result: According to traffic counters, 1,523 vehicles a day entered the intersection.
• Crash records indicate five or more accidents within a three-year period.
Result: Crash history showed two reported accidents within the last three years.
• The ability to see conflicting traffic on an approach is not sufficient to allow a road user
to stop or yield in compliance with the normal right of way rule if stopping or yielding.
Result: The sightlines were found to be clear at this intersection with adequate ability
for drivers to apply the normal right of way rule if stopping or yielding.
Petition and comments: When the traffic committee does not recommend the installation of a
traffic control device, residents have the opportunity to petition the city council to consider the
committee’s recommendation. Per city policy, non-qualifying devices and traffic calming
methods may be considered if both of the following are satisfied:
• 70% of properties within a 600-foot radius from the location sign a petition or a
neighborhood association supports a neighborhood study and calming strategy.
City council meeting of November 18, 2019 (Item No. 4h) Page 3
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
• Special studies and installation of traffic calming controls (except signs) would be at
residents or neighborhood cost (specifically assessed to benefitted residents or areas).
The city has received the attached petition that meets the requirements listed above. Past
practice by the council has been to approve stop sign requests when a petition is received that
meets the requirements of the traffic control policy.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed traffic control change. 20 comments were received from residents through email. 17
were in support of adding stop sign and three were against the adding of stop signs. Their
comments are summarized below:
In support of the addition of stop signs (17 comments):
• “We live on 40th Street and are strongly in favor of the proposed 4-way stop at 40th &
Quentin. Cars drive very quickly on both 40th & Quentin and due to the inexact yet
perpendicular nature of this intersection and frequency of parked cars on Quentin, this
intersection is almost always blind when driving East on 40th Street. We hope you can
pass this wonderful proposal!”
• “…I frequently go through the 40th & Quentin intersection. When traveling East on
40th, it is extremely difficult to see traffic approaching from the North because of cars
parked along the West side of Quentin. I have witnessed a number of occasions of near
accidents at that intersection. I don't believe we should wait for accidents to occur
before installing a stop sign. if the current parking rules are in force. I think you should
either eliminate parking on the West side of Quentin or install a stop sign.”
• “While I typically am very supportive of the decisions of the Engineering Department, I
am disappointed with this one and I would be interested in meeting with you personally
to show you why I believe it is critical that we install a 4-way stop here. Here are a few
of my reasons:
“First, there is a significant blind spot cause by commercial and residential parking on
Quentin Ave. north of 40th street. This is compounded by the fact that West 40th meets
Quentin in a non-perpendicular fashion. It was fantastic having a temporary 4-way stop
here a few years ago during a construction period, which made us all realize how much
safer this would be for pedestrians.
“Second, I’ve observed that most cars on W. 40th are cut-through traffic, some of which
simply cut through to ‘beat’ the lights on Excelsior Blvd. The wide angle of the Quentin
southbound to 40th westbound corner causes some motorists to carry excessive speed
through the corner, as I have observed multiple times is a hazard while walking with
small children.
“Finally, while it’s often hard to find an issue that has consensus amongst our neighbors
(take sidewalks and bike lanes, for example), this is one for which I have found virtually
unanimous consent. Everyone I’ve spoken to supports a 4-way stop and I think this
would be an easy win for both the Engineering department and our
City council meeting of November 18, 2019 (Item No. 4h) Page 4
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
neighborhood. Supporting simple and popular requests like this would lend us more
credibility at times when we’re looking to make bigger infrastructure changes.
“I would also like to request more information about the traffic committee and am
interested in whether this is a public process. I have some questions around the
methodology used for determining whether a stop sign is necessary. I understand the
reasoning to limit stop signs to where they’re most needed and to reduce stop signs on
bikeways to avoid cyclist disruption. In general, however, I feel that making cars stop
helps to level the playing field between cars and pedestrians. I also feel that citing
reasons such as potential ‘compliance issues’ are invalid when there is a public safety
concern expressed by residents. I believe that stop signs will absolutely reduce vehicle
speeds at intersections, which is statistically where most bicycle and pedestrian related
risk exists, and therefore we need to take a more neutral position toward their use and
installation. I can’t think of any measure that would reduce bicycle and pedestrian
safety risk more than slowing traffic at intersections.”
• “I have officially submitted a complaint to the city about this intersection two times
since I have moved to 40th and Princeton. My husband has been in a fender bender at
this intersection and I have witnessed many other near miss collisions. What I think is
missing from the cities argument is that (especially in the winter when there is snow on
the ground and cars cannot park close to the curb or there is snow pilled up) it is
extremely difficult to see past the parked cars. Our neighborhood is very concerned and
is begging for a solution.
“This is an easy fix before there is a major accident. We need to either put up a 4 way
stop sign or not allow parking on the West side of Quentin. I have been told that the
businesses need those space. If there isn't a way around that then we need a sign that
says "No parking beyond this sign" and put the sign at least 3 car lengths back from the
intersection on both sides of the intersection.”
• “I am writing to express my support for a stop sign at Quentin at 40th. My reason for
supporting this is because in my experience there ARE visibility issues due to the angle
of the approach from the west (heading east). I think perhaps the visibility issues involve
cars' structural elements, and that a lot of the people who use this intersection are so
familiar with the hazards of the intersection, that they use extreme caution, thus leading
to a low rate of crashes.
“Perhaps the visibility issue does not exist in all vehicles, but in my vehicle, I really have
to make a concerted effort to make sure that I have absolutely made sure that I have
seen the complete road of the approaching northbound traffic on Quentin. I believe this
is a combination of the placement of my vehicle's structural support between the front
and back door and the angle of the approach and the road. I have had NUMEROUS near
misses that have made a distinct impression on my mind such that I now remember that
I must take EXTREME caution at this intersection especially traveling west to east. I
have also witnessed other cars with near misses, so I believe other cars have similar
visibility issues.
City council meeting of November 18, 2019 (Item No. 4h) Page 5
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
“I consulted with my husband, Jim Beneke, who states he has difficulty also with
visibility traveling east on 40th at Quentin. He feels he really needs to strain his neck to
effectively look for traffic coming northbound on Quentin due to the angle. Additionally,
he feels that it can be difficult to see around cars parked on the near side (west side) of
Quentin to effectively see northbound traffic on Quentin. He denies having had near
misses of crashes because he is extremely careful proceeding through this intersection
because he knows of the poor visibility issues.
“I would urge your traffic study people to take another look at the sight lines, and
perhaps use a variety of vehicles, and particularly look at the sight lines when
approaching the intersection from the west, traveling toward the east. THAT is the point
of concern that we have experienced.”
• “I am the resident of 4819 W 40th Street and am in favor of adding a stop sign at
Quentin and 40th. I have a small child and cars go extremely fast down Quentin and I am
worried for her safety. The increased car parking on Quentin makes visibility extremely
difficult when trying to cross Quentin. Please add my name to the petition in favor of a 4
way stop.”
• “I have lived at 3918 Natchez Ave South for 16 years and feel the same about the corner
in question as I did 16 years ago. It is dangerous! Cars are flying over this hill heading
north on Quentin to turn at Excelsior and the cars coming south on Quentin can't be
seen because of bumper to bumper cars parked between Excelsior and 40th on both
sides of Quentin. If you are traveling from Wooddale on 40th you can't see cars either
way on Quentin until you are half way through the intersection again because of parked
cars. Its also challenging being so close to a school and only having sidewalks on one
side of Quentin south of 40th. Its frightening to try and watch children cross the street
on their own.
“There is absolutely no good reason to not try and slow this traffic down and make it a
safer intersection by adding a four-way stop. Do we know why there are so many cars
parked on Quentin? I would think it must be coming from the businesses due to their
small parking lots.“
• “I am in favor of a 4 way stop at that intersection. I use it daily and have encountered
numerous near misses as those traveling east/west don’t realize that north/south
doesn’t have a stop. Accidents waiting to happen if they havent’ already.”
• The issue at this intersection, as I see it, are the sight lines, especially when on
eastbound 40th. Vehicles are now regularly parked on the west side of Quentin, north of
the intersection. To see southbound traffic on Quentin, drivers at the stop sign on
eastbound 40th need to pull into the intersection to see beyond the parked cars.
Because of the weird angle of the south leg of Quentin at the intersection, this generally
puts vehicles at the stop sign too far into the road. The sight lines have always been
tricky but the more recent development of parked cars has made it trickier. I thought
the intersection worked really well when there was a temporary four-way stop.
City council meeting of November 18, 2019 (Item No. 4h) Page 6
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
“I don’t know traffic volumes but do know there have been crashes and sight lines are
tricky (people who have gone through the intersection literally thousands of times and
had close calls or seen close calls say so). For these reasons I think a four way stop can
be supported and in the best interests of traffic safety. Thank you for your
consideration.”
• “We’ve seen many near misses and there are children walking to and from Susan
Lindgren. It’s a busy corner with many cars cutting through the neighborhood trying to
avoid the Wooddale/Excelsior Blvd stoplight and traffic. It would be smart to be
proactive and do this now rather than have car accidents and pedestrians harmed
where the visibility is difficult and people are always in such a hurry.”
• “I live in the neighborhood at 40th and Kipling and drive through this intersection
multiple times a day. It is a safety issue for all parties involved, and would make me feel
much more comfortable when driving. Due to the cars often parked on Quentin, it can
be hard to see oncoming traffic and once the snowbanks are present it becomes even
more challenging.”
• “My daughter lives on Kipling Ave and I drive through this intersection very frequently
on my way to see her and my grandkids. This intersection is often busy with traffic
flowing to and from the neighborhood to Excelsior Blvd and Highway 100. Given the
layout of the streets at the intersection of 40th and Quentin Ave, I feel there is
inadequate visibility for drivers to incoming traffic when on 40th as well as when on
Quentin. This is particularly acute on 40th approaching the intersection when since there
are cars parked on Quentin blocking the view to the south of the street. The situation is
likely to get worse as we get into the winter and have piles of snow restricting visibility.
In the interest of vehicular and pedestrian safety, I request that you consider installing a
4 way stop sign that will ensure that all parties plan can plan to stop at the intersection
before proceeding.”
• “I'm writing to strongly advocate for a four-way stop at 40th/Quentin. We live too far
out to have been included in the official petition but we've lived in the neighborhood for
8 years and I can't tell you how many times I've nearly been T-boned by drivers flying
down Quentin to hit the light. I cross that intersection several times per day and now I
have small children whose lives are in daily danger because of the horrible angles of that
intersection and the drivers who are motivated to not miss a very long light at Quentin
and Excelsior. It's SO difficult to see around parked cars to ensure safe crossing and it's a
matter of WHEN, not IF there will be deaths at that intersection (and when there are, it
will be on the conscience of those who chose not to act to improve safety). Thank you
for your attention to this matter. I appreciate your willingness to listen.”
• “I live in the neighborhood at 40th and Kipling and drive through this intersection
multiple times a day. It is a safety issue for all parties involved, and would make me feel
much more comfortable when driving if there were a 4-way stop sign at this
intersection, as well as others along 40th. Due to the cars often parked 40th and the
adjacent streets, it can be hard to see oncoming traffic and once the snowbanks are
present it becomes even more challenging.”
City council meeting of November 18, 2019 (Item No. 4h) Page 7
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
• I am writing in support of making 40th and Quentin a 4-way stop sign intersection. The
angle of the roads along with cars parking along those roads near the intersection make
it a dangerous crossing. We have found this to be so true that we find ourselves going a
different route to get from our house (42nd and Monterey) out to Wooddale. Please
consider adding these stop signs to create a safer intersection for all.
• “I live at 4821 Vallacher and I am STRONGLY in support of a 4 way stop sign at 40th and
Quentin for safety reasons. I also think the Princeton and Vallacher intersection should
have a 4 way stop sign. Very dangerous”
• “I live at 4915 Vallacher Ave with my husband and two children. I cannot tell you
enough about how important this 4 way stop at Quentin and 40th would be. So very
many times I have seen cars not paying attention to children, mine included and just
blow through that intersection. Not to mention near auto accidents. The traffic has to
slow down towards the school! People come whipping around the corner from Excelsior
and do nothing but accelerate going toward 41st and Quentin where the cross walks
are. It’s crazy! A lot of this traffic is people headed to 42nd to get to Linden Hills and
the Lakes too! There is absolutely NO reason that there should NOT be a stop there?
That should be the real concern. Not why SHOULD we? But, why DON’T we?”
Against the addition of stop signs (3 comments):
• “I was one of the people who signed the petition. However, after reading your letter and
the results of the traffic study that was done at that intersection, I have changed my
opinion. For all the reasons that you listed, I agree with the City recommendation that,
at this time, a Stop sign NOT be installed at that intersection.”
• “We are one of the households that signed the petition, however after reading the
traffic study for 40th and Quentin that Mr. Manibog reviews in his letter of 10/31/2017
and after reading the informative paragraph regarding the ineffectiveness of stop signs
when it comes to slowing traffic, Ann and I have concluded that we support the traffic
committee recommendation against installation of another stop sign at this
location. We no longer support the petition.”
• “I would agree w/ the city's traffic committee's recommendation against the installation
of an additional stop sign at this location. In my opinion, two reported accidents within a
three-year period does not merit the time, energy, effort, and funding of our city. Note
that I live at 4043 Quentin Avenue and typically go through this intersection daily, if not
multiple times per day, and have had no issues w/o the added stop sign. In addition to
the above, I would suggest that we remove the "no turn on right" sign that is on
Excelsior Boulevard and Quentin Avenue. There are rarely pedestrians crossing the
street, and this causes backup on Excelsior.”
City council meeting of November 18, 2019 (Item No. 4h) Page 8
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
Resolution No. 19-____
Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)
Whereas, the City of St. Louis Park, Minnesota received a request for stop signs at the
intersection of Quentin Avenue and 40th Street; and
Whereas, the traffic committee has reviewed the request and did not recommend
installation of additional stop signs at the intersection of Quentin Avenue and 40th Street; and
Whereas, non-qualifying traffic control devices may be considered if seventy (70) percent
of residents within a six hundred (600) foot radius from the intersection petition; and
Whereas, city staff received a completed and valid petition requesting the installation of
all-way stop signs at the intersection of Quentin Avenue at 40th Street; and
Whereas, St. Louis Park is committed to providing a variety of options for people to make
their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that the engineering director is hereby authorized to:
1. Install stop signs on all of the approaches of the intersection of Quentin Avenue and
40th Street.
Reviewed for administration: Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of November 18, 2019 (Item No. 4h)
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)Page 9
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Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)Page 10
City council meeting of November 18, 2019 (Item No. 4h)
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)Page 11
City council meeting of November 18, 2019 (Item No. 4h)
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)Page 12
City council meeting of November 18, 2019 (Item No. 4h)
Title: Traffic Study 715: Installation of all-way stop controls on Quentin Avenue at 40th Street (Petition)Page 13
Meeting: City council
Meeting date: November 18, 2019
Public hearing: 6a
Executive summary
Title: 2019 Connect the Park – Dakota Avenue South bikeway (4019-2000)
Recommended action: Mayor to open public hearing, take public testimony, and close the
public hearing. Council is asked to take final action on this project at the Dec. 2, 2019 meeting.
Policy consideration: Does the city council wish staff to continue to pursue the bikeway
segment identified in this report?
Summary: Connect the Park is the city’s 10-year capital improvement plan (CIP) to add
additional bikeways, sidewalks, and trails throughout the community. The primary goal of
Connect the Park is to develop a comprehensive, city-wide network of bikeways, sidewalks, and
trails that provides local and regional connectivity, improves safety and accessibility, and
enhances overall community livability.
This report focuses on the segment of Dakota Avenue bikeway from Minnetonka Boulevard to
Lake Street. The segment of Dakota Avenue bikeway from Minnetonka Boulevard to Cedar Lake
Road was approved for final design by council on May 6, 2019.
The engineering department has been working on the preliminary design and associated public
process for a bikeway on Dakota Avenue from Minnetonka Boulevard to Lake Street. Staff
recommends buffered bike lanes, curb extensions at each intersection, a rectangular rapid
flashing beacon (RRFB) at 33rd Street, installation of parking restrictions on one side of Dakota
Avenue, removal of school-day permit parking on select side streets, and removal of timed
school-day restrictions on Dakota Avenue.
Financial or budget considerations: This project is included in the city’s capital improvement
plan for 2019. The project is proposed to be financed by using general obligation bonds. The
following report contains updated project cost figures for the Dakota Avenue bikeway from
Minnetonka Boulevard to Lake Street. Staff estimates that it will cost $443,000 to construct the
bikeway.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
April 15, 2019 public hearing report (pages 136 – 152)
Nov. 12, 2019 study session report (pages 273 – 301)
Prepared by: Ben Manibog, transportation engineer
Jack Sullivan, senior engineering project management
Reviewed by: Debra Heiser, engineering director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 6a) Page 2
Title: 2019 Connect the Park – Dakota Avenue South Bikeway (4019-2000)
Discussion
Background: The Dakota Avenue corridor is centrally located and is a key north-south
connection that will enhance walking and biking in the city by connecting destinations such as
parks, schools, businesses, regional trails, and Southwest Light Rail Transit (SWLRT).
As is the case with most of the bikeways in the Connect the Park initiative, this transportation
project is a retrofit project rather than a full reconstruction of the street.
Proposed layout: The engineering department has been working on the preliminary design and
associated public process for a bikeway on Dakota Avenue from Minnetonka Boulevard to Lake
Street. Given the nature of this segment of roadway, staff recommends buffered bike lanes,
curb extensions at each intersection, a rectangular rapid flashing beacon (RRFB) at 33rd Street,
installation of parking restrictions on one side of Dakota Avenue, removal of school-day permit
parking on select side streets, and removal of timed school-day restrictions on Dakota Avenue.
More details on the recommended design can be found in the Nov. 12, 2019 study session
report (pages 273 – 301)
Financial considerations:
The proposed bikeway south of Minnetonka Boulevard includes buffered bike lanes, curb
extensions at each intersection (31st, 32nd, and 33rd Streets), and a RRFB at 33rd Street.
As prefaced in the Nov. 12, 2019 study session report, estimated project costs for the Dakota
Avenue South bikeway from Minnetonka Boulevard to Lake Street are $443,000. Below is the
preliminary construction estimates. Final project cost estimates will be provided when the
project is brought forward to council for final plan approval and authorization for bidding.
Dakota Avenue South bikeway CIP Engineer's estimate
Construction cost $318,000 $354,400
Engineering and administration $79,500 $88,600
Total $397,500 $443,000
Funding sources
Bridge and bikeways (GO Bonds) $397,500 $443,000
Total $397,500 $443,000
GO bonds are expected to be used to fund the estimated $443,000 for bikeways. The debt
service levy for this project will be $52,815 starting in 2021 for ten years.
The overall cost estimate for the south segment is $46,000 higher than the CIP. The main
factors influencing the change in the cost estimate was the additional refinement to the design.
Other financial considerations:
Alternative design: The Nov. 12 project report provided an estimate of $1,500,000 to widening
Dakota Avenue to accommodate two lanes of on-street parking and the on-street bikeway. This
is approximately one million dollars more than the staff-recommended plan of buffered bike
lanes, parking restrictions, and curb extensions.
City council meeting of November 18, 2019 (Item No. 6a) Page 3
Title: 2019 Connect the Park – Dakota Avenue South Bikeway (4019-2000)
This estimate was provided to illustrate the additional costs needed to maintain all the on-
street parking that exists on the corridor today.
Operation and maintenance costs: This project creates new city infrastructure, including
bikeways and enhanced pedestrian crossings. With new infrastructure, there will be operation
and maintenance costs. Annual operational efforts include snow removal, pavement sweeping,
and general upkeep. In addition, there are long term costs associated with the replacement of
new pavement markings for bicycles and pedestrians that occur on longer cycles of every 3 to 5
years. Signs are replaced every 15 to 20 years.
There is expected to be minimal increases with the annual operations costs since most of the
bikeway is a retrofit within the existing roadway. However, there will be more long-term costs
associated with the replacement and upkeep for the addition of on-street bicycle pavement
markings.
As final plans are developed, staff will work on identifying the new incremental costs and will
present them when this project is presented to council for final plan approval and authorization
for bids.
Proposed schedule
The schedule for this project is intended to merge with the Dakota/Edgewood bikeway and
bridge project. The proposed schedule is as follows:
Public hearing Nov. 18, 2019
Approve preliminary layout and authorize final plans Dec. 2, 2019
City council – approve final plans and order ad for bid January 2020
Construction Spring 2020 – Fall 2020
Meeting: City council
Meeting date: November 18, 2019
Action agenda item: 8a
Executive summary
Title: Planned unit development major amendment to Section 36-268-PUD 9
Recommended action: Motion to approve the first reading of Ordinance amending Section 36-268-
PUD 9 subject to the conditions recommended by staff and set second reading for Dec. 2, 2019.
Policy consideration: Does city council wish to amend Section 36-268-PUD 9 to allow fewer
residential units, underground parking, and rearranging of the proposed uses for the PLACE Via
Luna and hotel development?
Summary: PLACE E-generation One, LLC (PLACE) received approvals in 2017 to construct a
mixed-income, mixed-use, multigenerational, environmentally sustainable, transit-oriented
development with live/work for creatives. The developer seeks a major amendment to the PUD
and proposes to:
•Reduce the number of units on the south site (Via Luna) from 81 units to 50 units;
•Reduction of 31 market-rate units from the south project; the remaining 50 units will be
affordable at 60% Area Median Income (AMI);
•Replace the above ground parking ramp with mostly underground parking and a small
surface lot for commercial uses and hotel check-ins; and
•Relocate the residential uses and artist studios to the west wing of the building, and the
other commercial and hotel uses to east wing of the building.
In general, the site plans and the building elevations remain largely unchanged, with the
exception in the change of parking which is now mostly underground. There are no changes
proposed to the north site, Via Sol and E-Generation.
The planning commission held a public hearing on November 6, 2019. Three residents voiced
concerns regarding traffic and the loss of the market rate residential units along 36th Street. An
additional comment was submitted via email prior to the meeting noting a preference for a mix
of market rate and affordable units on both sides of the development. The commission voted 5
to 2 to recommend approval of the ordinance.
Financial or budget considerations: A reduction in residential units will extend the term of the
tax increment financing note for the project.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
PUD ordinance
Draft planning commission minutes
Exhibits
Prepared by: Jennifer Monson, planner
Reviewed by: Sean Walther, planning and zoning supervisor
Karen Barton, community development director
Approved by: Tom Harmening, city manager
Page 2 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Discussion
Site information:
Site area (acres): 1.68 acres
Current use: Surrounding land uses:
Vacant building and city parking lot North: Wooddale Avenue LRT Station
East: small scale commercial
South: 36th Street West/TowerLight
West: Wooddale Avenue South
Current 2040 land use guidance Current zoning
TOD - transit oriented development PUD planned unit development
Background: PLACE E-generation One, LLC (PLACE) received approvals in 2017 to construct a
mixed-income, mixed-use, multigenerational, environmentally sustainable, transit-oriented
development with live/work units for creatives. The development campus is located both north
and south of the future Wooddale Avenue LRT Station. The previously approved development
included:
North Site (Via Sol and E-Generation):
•218 residential units (22 at 50% AMI, 130 at 80% AMI, 66 at market rate), including 18
live/work units;
•Bike shop and makers space;
•0.88 acres of urban forest, for public access to nature, stormwater management, and
habitat;
•29,500 square feet of green roof for additional stormwater management and habitat;
•An E-Generation facility on the northern site, which is a renewable energy system to
convert locally-sourced organic waste into energy for the development and a soil
amendment byproduct that will be used in the onsite greenhouse;
•216 parking spaces located underground, on-street, and in a surface parking lot; and
Page 3 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
•60 car-free units.
South Site (Via Luna and Hotel):
•81 residential units (48 at 60% AMI, 33 at market rate), all 81 designed as live/work
units;
•110-room Fairfield by Marriott hotel hiring community members;
•Café, coffee house, and five microbusinesses;
•Placemaking plaza at the Wooddale LRT Station;
•231 parking spaces located in a four-story parking garage; and
•30 car-free units.
The buildings, site and program are designed to support a multigenerational creative
community where households at all stages in life and income feel welcome. The development
includes a mobility plan with car/bike sharing, shuttle, and car-free living incentives. The
buildings will adhere to the city’s green building policy and will be designed to LEED standards.
(Much more detail regarding the original approved development can be found online in city
council’s agenda packet for May 1, 2017. The PLACE staff report starts on page 579 of the PDF.)
Present considerations: PLACE applied for a major amendment to Section 36-268-PUD 9 for
changes to the south residential site, Via Luna. The amendment would reduce the overall
development’s unit count from 299 to 268 residential units and the overall parking from 447 to
393 spaces. The development was also approved with 90 car-free units, meaning PLACE would
pay tenants of 90 units to live car-free. PLACE requests to maintain 90 car-free units.
The PUD amendment would:
•Reduce the number of units on the south site (Via Luna) from 81 units to 50 units. All
remaining live/work units at 60% AMI.
•Replace the above ground parking ramp and with mostly underground parking and a
small surface lot for commercial uses and hotel check-ins;
•Relocate the residential uses and artist studios to the west wing of the building;
•Relocate the restaurant, coffee shop and hotel to the east wing of the building;
•Remove the small dog run on the east side of the site, add outdoor rooftop patio space
on the hotel, and expand the placemaking plaza near the Wooddale LRT Station;
•Redesign the placemaking plaza to include more site amenities including additional
landscaping and a stormwater landscape feature;
•Activate Wooddale Avenue South with artist studio spaces;
•Activate 36th Street West with commercial studio spaces;
•Group the artist live/work studios on the first and second floor of the residential
building, so they are more publicly accessible. The second floor of the west wing would
be entirely studio spaces;
•Better accommodate truck traffic (move ins, deliveries, trash) within the placemaking
plaza and surface parking lot;
•Relocate trash collection from the placemaking plaza to the surface parking lot;
•Create an improved interface between the LRT station and the placemaking plaza.
In general, the exterior of the buildings and the site plan remain largely unchanged, but the
changes help the site function better overall.
Page 4 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
There are no changes proposed to Via Sol (the north site).
Zoning analysis: Proposed zoning changes to Via Luna (south site)
Approved Proposed Summary
Hotel 110 rooms 110 rooms No change
Residential 81 total units
48 at 60% AMI
33 market-rate
50 total units
All 50 at 60% AMI
Reduction of 31 units.
Excludes market rate units
and adds 2 affordable
units. All units still
designed as live/work
Parking Hotel: 110 spaces
Residential: 63
Commercial: 54
Total: 227
(7 EV stations)
30 car-free units
Hotel: 110 spaces
Residential: 30
Commercial: 43
Total: 173
(9 EV stations)
30 car-free units
Number of car-free units
remains unchanged.
Commercial floor area is
reduced, and less parking
is required and provided.
Meets EVSE requirements
Bicycle Parking 159 spaces 114 spaces Code requires 71 spaces
Parking: As part of the development’s overall mobility plan, PLACE received approvals to have
90 car-free dwelling units. PLACE requests maintaining the previously approved 90 car-free
dwelling units. Utilizing the same parking reductions that were previously applied, this would
give the development an excess of one parking space. If the city were to require a reduction in
the overall number of car-free units equivalent to percentage of overall units removed from the
development, Via Luna would have a deficit of 8 parking spaces.
Staff recommends retaining the 90 car-free units due to the development’s location at a light
rail station and the ability for shared parking between the coffee shop, restaurant and
residential uses.
In 2017, PLACE received a 35% reduction in parking compared to typical city parking
requirements. The proposed amendment to Via Luna and Hotel brings the development closer
into compliance with city code, bringing their reduction to 30%.
Additionally, the Walker Consulting parking study that was originally done for the PLACE
development looked at requirements from other cities with similar surrounding land uses.
These case studies, which included Minneapolis, Denver, and Portland, all allowed for greater
parking reductions in similar development scenarios than what is currently requested.
Public comment: Staff received a comment via email that has been submitted as part of the
official public record from Sandy Woessner, who lives at 3456 Wooddale Avenue S. St. Louis
Park, noting that she would prefer a mix of market rate and affordable units on both sides of
the development.
Page 5 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Additional emails were sent to the Mayor and councilmembers, which were forwarded to staff.
These emails were not submitted as part of the official public record. Those residents voiced
concerns over the lack of market-rate housing, and questioned developer’s ability to deliver the
project as proposed/approved.
Planning Commission: The planning commission held a public hearing on November 6, 2019.
Three residents voiced concerns regarding the loss of the market-rate residential units on the
South site, and some concerns about traffic.
The planning commission voted 5 to 2 to recommend approval of the PUD major amendment.
Recommendations: Staff recommends approval of the PUD major amendment with the
following conditions, which shall be incorporated into the ordinance and/or planning
development agreement for this development:
1.The developer shall continue to work with city staff and SWLRT to coordinate
construction activities, and to refine the design of the entrance driveway off Yosemite
and the planting area along Wooddale Avenue South, as required by city staff.
2.The developer shall work with city staff to refine the design of the Wooddale Avenue
South planting area and sidewalk and said design shall require city administrative review
and approval.
3.The developer shall adhere to the parking management plan for hotel and residential
parking for Site C and Site D.
4.All Official Exhibits shall be updated to reflect the PUD major amendment prior to
issuance of a building permit.
5.The site shall be developed, used and maintained in accordance with the conditions of
this ordinance, approved Official Exhibits, planning development agreement and City
Code.
6.All utility service structures shall be buried. If any utility service structure cannot be
buried (i.e. electric transformer), it shall be integrated into the building design and 100%
screened from off-site with materials consistent with the primary façade materials.
7.Prior to starting any land disturbing activities, excluding demolition, the following
conditions shall be met:
a.Assent Form, Official Exhibits and planning development contract shall be signed
by the applicant and property owner.
b.A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and city representatives.
c.All necessary permits shall be obtained.
8.Prior to issuance of building permits, the following conditions shall be met:
a.The developer shall sign the city's Assent Form and the Official Exhibits.
Page 6 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
b.A Planning Development Contract shall be amended and executed between the
Developer and City that addresses, at a minimum:
i.The conditions of PUD approval as applicable or appropriate.
ii.The installation of all public improvements including, but not limited to:
on-street parking, sidewalks and boulevard improvements and the
execution of any necessary agreements related to the maintenance of
such improvements including the inclusion of Special Service District #6.
iii.The developer’s contribution of $48,200 to the City for regional
stormwater pond improvements.
iv.Developer agrees to provide art work on or near the site with city/public
involvement in the selection of the location, artist, and art work.
v.Easements related to electronic communication and fiber infrastructure.
vi.Any necessary sidewalk easements.
vii.A performance guarantee in the form of cash escrow or irrevocable letter
of credit shall be provided to the City of St. Louis Park in the amount of
1.25 times of the costs of all public improvements (sidewalks and
boulevards), and the private site stormwater management system and
landscaping.
viii.The developer shall reimburse City attorney’s fees in drafting/reviewing
such documents as required in the final PUD approval.
ix.The Mayor and City Manager are authorized to execute said Planning
Development Contract.
d.Final construction plans for all public improvements and private stormwater
system shall be signed by a registered engineer and submitted to the city
engineer for city administrative review and approval.
e.Building material samples and colors shall be submitted to the city for city
administrative review and approval.
9.The developer shall comply with the following conditions during construction:
f.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. Monday through
Friday, and between 10 p.m. and 9 a.m. on weekends and holidays.
g.The site shall be kept free of dust and debris that could blow onto neighboring
properties.
h.Public streets shall be maintained free of dirt and shall be cleaned as necessary.
i.The city shall be contacted a minimum of 72 hours prior to any work in a public
street.
j.Work in a public street shall take place only upon the determination by the city
engineer (or designee) that appropriate safety measures have been taken to
ensure motorist and pedestrian safety.
k.The developer shall install and maintain chain link security fencing that is at least
six feet tall along the perimeter of the site. All gates and access points shall be
locked during non-working hours.
l.Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
Page 7 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
10.Prior to the issuance of any permanent certificate of occupancy permit the following
shall be completed:
m.Public improvements, private utilities, site landscaping and irrigation, and storm
water management system shall be installed in accordance with the Official
Exhibits.
11.All mechanical equipment shall be fully screened. Rooftop equipment may be located as
indicated in the Official Exhibits so as not to be visible from off-site.
12.The material used in, and placement of, all signs shall be integrated with the building
design and architecture.
Page 8 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Ordinance No. ____-19
Ordinance amending Section 36-268-PUD 9
The City of St. Louis Park does ordain:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission (Case No. 19-21-PUD).
Section 2. The St. Louis Park Ordinance Code, Section 36-268-PUD 9 is hereby amended by
adding underscored text and deleting strikethrough text. Section breaks are represented by
***.
Section 36-268-PUD 9.
(a) Development Plan
The site shall be developed, used and maintained in conformance with the following
Final PUD signed Official Exhibits:
1.EX-1 - PUD Exhibit
2.G001 – Cover Sheet
3.G002 – Legend
4.G003 – General Notes
5.C001 – Existing Conditions and Removals - North
6.C1.0 – Existing Conditions - South
7. 6. C003 – Tree Removals and Preservation Plan- North
8.C1.1 – Tree Preservation Plan - South
9.7. C101 – Site Plan – Overall
9. 8. C102 – Site Plan Northwest
10. 9. C103 – Site Plan Northeast
11.10. C101 C2.0 – Site Plan South
12.11. C201 – Temporary Erosion Control Plan- North
13.12. C301 – Grading and Drainage Plan – Overall- North
14.C3.0 – Grading Plan - South
15.13. C401 – Sanitary Sewer and Watermain- North
16.14. C402 – Storm Sewer Plan- North
17.C4.0 – Utility Plan – South
18.C5.0 – Erosion and Sediment Control Plan – South
19.C5.1 SWPPP Notes Sheet 1 - South
20.C5.1 SWPPP Notes Sheet 2 – South
21.C6.0 Detail Sheet General Site – South
22.C6.1 Detail Sheet Water and Sanitary – South
23.C6.2 Detail Sheet Storm Sewer - South
24.C6.3 Detail Sheet Erosion Control - South
25.15. C801 – Site Details
26.16. C802 – Site Details
27.17. C901 – City Std Utility Plates
28.18. C902 – City Std Utility Plates
29.19. C903 – City Std Utility Plates
30.20. C904 – City Std Erosion Control Plates
Page 9 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
31.21. C1001 – MNDOT Std Ped Curb Ramp Details
32.22. C1002 – MNDOT Std Ped Curb Ramp Details
23. L101 – Planting Plan – Overall
33.24. L102 – Planting Plan – Northwest
34.25. L103 – Planting Plan – Northeast
35.26. L104L100 – Planting Plan – South
36.L500 – Landscape Details - South
37.27. L801 – Planting Details
38.28. V101 – Preliminary Plat
39.29. V102 – Preliminary Plat
40.30. V103 – Preliminary Plat
41.31. E101 – Electrical Site Plan – Overall - North
42.C7.0 – Photometric Plan - South
32. S001 – Site Plan
43.33. A101 – North Building Floor Plans
44.34. A102 – North Building Floor Plans
45.35. A103 – North Building Floor Plans
46.36. A104 – North Building Floor Plans
47.37. A105 – North Building Floor Plans
48.38. A106 – North Building Elevations
49.39. A107 – North Building Illustrative Elevations
50.40. A2.01 – South Building Hotel & Residential Lover Level Floor Plans
51.41. A2.02 – South Building Hotel & Residential Level 1 Floor Plans
52.42. A2.03 – South Building Hotel & Residential Level 2 Floor Plans
53.43. A2.04 – South Building Hotel & Residential Level 3 Floor Plans
54.44. A2.05 – South Building Hotel & Residential Level 4 Floor Plans
55.45. A2.06 – South Building Hotel & Residential Level 5 Floor Plans
56.46. A2.07 – South Building Hotel & Residential Level 6 Floor Plans
57.47. A2.08 – South Building Hotel & Residential Level 7 Floor Plans
48.A209 – South Building Hotel & Residential Floor Plans
58.49. A2.10 – South Building Elevations South Site Hotel & Residential Elevations &
Sections
59.50. A2.11 – Hotel Elevations South Site Hotel & Residential Elevations & Sections
60.51. A2.12 – South Building Illustrative Elevations South Site Hotel & Residential
Elevations & Sections
61.52. A301 – E-Generation Floor Plans
62.53. A302 – E-Generation Roof Plan
63.54. A303 – E-Generation Elevations
64.55. A4.01 – 3D View
56. A501 – Illustrative Sections
57. A502 – Sections
65.58. PLACE – Envelope Proposals
66.59. PLACE – Sustainability Proposals
67.60. PLACE – Proof of Parking
68.61. PLACE – Lighting Proposals
69.62. PLACE – Parking Requirements
70.63. PLACE – Mobility Plan (Travel Demand Management Plan)
Page 10 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
The site shall also conform to the following requirements:
1)The property shall be divided into four zones, as indicated on PUD Exhibit of the
Official Exhibits. The zones shall be established by dividing the site into a
northwest site, a northeast site, a southwest site, and a southeast site. The
northwest site shall be called “Site A – E-Gen”, the northeast site shall be called
“Site B – North” the southwest site shall be called “Site C – Hotel” “Site D –
South” and the southeast site shall be called “Site D – South” “Site C – Hotel”.
2)Parking will be provided off-street in a surface lot, on-street, in structured
parking, and within the public plaza. The property shall be developed with
299268 residential units, including 99 68 live/work units, a 110 room hotel, a
minimum of 35,000 30,000 square feet of ground floor commercial space, 0.88
acres of urban forest, an e-generation energy facility, and a greenhouse.
Parking will be provided off-street in a surface lot, on-street parallel parking,
and structured parking. A total of four-hundred-forty-seven (447) three-
hundred-eighty-nine (389) parking spaces will be provided: 251 223 spaces for
residential units or 0.83 0.80 spaces per dwelling unit, 110 spaces for the hotel
or 1.0 space per hotel room, 76 56 spaces for non-residential uses and 10 spaces
for shared cars. An additional 55 spaces are required as a proof of parking as
indicated on Sheet 60 66 of the Official Exhibits. Parking requirements are
provided based on Sheet 62 68 of the Official Exhibits.
3)The maximum height for Site A – E-Gen shall not exceed 33 feet for the building,
and 40 feet for the flute. The maximum building height for Site B – North shall
not exceed 61 feet and five stories and 78 feet for the helical wind turbine. The
maximum height for Site C – Hotel shall not exceed 76 70 feet and six five
stories and the maximum height for Site D – South shall not exceed 79 80 feet
and six stories.
4)The development site shall include a minimum of 12 percent designed outdoor
recreation area based on private developable land area.
5)The development shall incorporate a Travel Demand Management (TDM) plan
including:
a.The development shall offer car-free incentives for a minimum of 90
dwelling units.
b.The development shall provide 10 cars available as a car share.
c.The development shall provide a local shuttle until opening day of the
Southwest Light Rail Green Line Wooddale Station.
d.A transportation concierge program shall be maintained.
e.The development shall provide car-free perks for 90 households until
the site conforms to the city’s off-street parking requirements.
f.The TDM plan shall be reported to the city annually for a duration of
three (3) years.
********
Page 11 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
(e) Site D – South
1)Permitted with Conditions:
a.Multiple-family dwellings. Uses associated with the multiple-family
dwellings, including, but not limited to the residential office, fitness
facility, mail room, assembly rooms or general amenity space.
b.Live-work Type I - Studio.
i.All material or equipment shall be stored within an enclosed
structure.
ii.Operation of the home occupation is not apparent from the
public right-of-way.
iii.The activity does not involve warehousing, distribution or retail
sales of merchandise produced off the site.
iv.No person is employed at the residence who does not legally
reside in the home. except that a licensed family day care facility
may have one outside employee.
v.No light or vibration originating from the business operation is
discernible at the property line.
vi.Only equipment, machinery and materials which are normally
found in the home are used in the conduct of the home
occupation.
vii.No more than one non-illuminated wall sign limited to two
square feet in area is used to identify the home occupation.
viii.Space within the dwelling devoted to the home occupation does
not exceed one room or forty-five (45) percent of the floor area,
whichever is greater.
ix.No portion of the home occupation is permitted within any
attached or detached accessory building.
x.The structure housing the home occupation conforms to the
building code; and in the case where the home occupation is day
care or if there are any customers or students, the home
occupation has received a certificate of occupancy.
xi.A Registration of Land Use (RLU) shall be required from the city
when there is a change in tenant.
c.Live-work Studio Type II.
i.Live-work uses as defined by Sec. 36-142 of city code are
permitted on the first floor.
ii.A Registration of Land Use (RLU) shall be approved by required
from the city when there is a change in tenant.
d.Commercial uses. Commercial uses are only permitted on the first and
second floors, and are limited to the following: coffee shops, office,
private entertainment (indoor), retail shops, service, showrooms and
studios.
i.All parking requirements must be met for each use per Sheet 62
of the Official Exhibits.
ii.Hours of operation for commercial uses shall be limited to 6 a.m.
to 12 a.m.
iii.Restaurants are prohibited.
Page 12 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
iv.In vehicle sales is prohibited.
e.Civic and institutional uses. Civic and institutional uses are limited to the
following: education/academic, library, museums/art galleries, indoor
public parks/open space, police service substations, post office customer
service facilities, public studios and performance theaters.
2)Accessory Uses:
a.Incidental repair or processing which is necessary to conduct a
permitted use and not to exceed ten percent of the gross floor area of
the associated permitted use.
b.Home occupations complying with all of the conditions in the R-C
district.
c.Catering, if accessory to food service, delicatessen or retail bakery.
d.Gardens.
e.Parking lots.
f.Outdoor seating, with the following conditions:
i.No speakers or other electronic devices which emit sound are
permitted outside of the principal structure if the use is located
within 500 feet of a residential use.
ii.Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if
located within 500 feet of a residential use.
g.No outdoor uses or storage allowed.
h.Solar panels
i.Roof or building mounted solar systems may exceed the
maximum allowed height in the PUD zoning district by 3 feet.
Section. 3. The contents of Planning Case File 19-21-PUD are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Section 4. This ordinance shall take effect (December 27, 2019)
Reviewed for administration: Adopted by the City Council December 2, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
First reading November 18, 2019
Second reading December 2, 2019
Date of publication December 12, 2019
Date ordinance takes effect December 27, 2019
Page 13 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
D R A F T
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
November 6, 2019 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Jim Beneke, Lynette Dumalag, Matt Eckholm, Courtney Erwin,
Claudia Johnston-Madison, Jessica Kraft, Carl Robertson
MEMBERS ABSENT: None
STAFF PRESENT: Jennifer Monson, Gary Morrison, Sean Walther
1.Call to Order – Roll Call
2.Approval of Minutes of August 21, September 18 and October 16, 2019
Commissioner Robertson made a motion to approve all three sets of minutes.
Commissioner Johnston-Madison seconded the motion, and the motion passed on a
vote of 7-0.
3.Public Hearings
A.Planned unit development major amendment to Section 36-268-PUD 9
Applicant: Place E-Generation One, LLC
Location: 5950 West 36th Street
Case Nos: 19-21-PUD
Jennifer Monson, planner, presented the staff report. The applicant requests to reduce
the number of residential units from 81 to 50, to move parking underground and to a
surface ramp, and to rearrange approved uses with the site.
Ms. Monson noted the site is 1.68 acres at the corner of 36th Street and Wooddale
Avenue, adjacent to the future light rail transit station.
Ms. Monson outlined the 2017 approvals, and noted the changes tonight are for the
south site only. She added the hotel and residential would be flip-flopped to provide an
active frontage along Wooddale Avenue with artists’ studios versus the hotel façade.
Overall access has not changed to the site with emergency access and large trucks for
trash or delivery remaining as originally noted.
Ms. Monson stated the placemaking plaza will remain with pedestrians and bicycles
included, and landscaping will remain as originally designed. The coffee shop will further
Page 14 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
down from Wooddale Avenue in order to discourage short term stopping near the light
rail stop.
Ms. Monson stated the live/work space will be maintained but the studio space would
now move to the first floor instead of being within the residence. She added the hotel
will remain at 110 rooms with no changes.
Ms. Monson stated staff has received one comment from the public, asking that the
units remain a mix of affordable and market rate.
Commissioner Robertson asked how these live/work are different within the city.
Ms. Monson said all residential units within the city allow for a home occupation and
these would be no different. Additionally, these units allow for extra space, with taller
ceilings and for a more creative studio space, and for visits. A home occupation is not
supposed to generate anything that would suggest a home occupation exists there.
There is also a registration of land use to make sure it adheres to the code.
Commissioner Erwin asked if any of the ground floor spaces will be used as living spaces
or purely for studio space.
Ms. Monson stated purely for work space. She added while each studio is assigned to an
apartment within the building, no studios provide living or apartment space.
Ms. Monson added there is gallery space for artists to show their wares.
Commissioner Johnston-Madison noted the city council will hold a first reading with the
developer on November 18, 2019 and asked if there are any other meetings coming up
with the developer.
Ms. Monson stated there is a study session and a meeting for the planned unit
development ordinance, but at this time she did not know if there were any other
meetings scheduled.
Commissioner Johnston-Madison asked if there is an agenda yet for the November 18,
2019, study session.
Ms. Monson stated there will be a discussion of the 6th amendment with the EDA.
Commissioner Johnston-Madison asked why this change was made by the developer.
Ms. Monson stated the developer changed architects and with that changed their
development plans.
Commissioner Johnston-Madison asked if the project will start in February 2020 and on
what staff is basing this on.
Page 15 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Ms. Monson stated the developer must have a complete set of building plans ready to
go and January 31, 2020 is their hard deadline for finalization of financing, and then
start construction.
Commissioner Johnston-Madison asked if the developer has financing or not, and if they
will ask for another extension.
Ms. Monson stated the EDA reviews that, but as far as staff is aware, the developers
financing for the apartment buildings should be ready, and the hotel financing is in
process.
Commissioner Beneke asked if the commercial parking is reserved just for the hotel or
for the coffee shop also.
Ms. Monson stated the commercial parking lot will be for the hotel guest registration
and coffee shop as well, adding that overnight guests and residents will all have
reserved parking in the underground garage.
Commissioner Kraft asked about the change with market rate housing and why that
change was made.
Ms. Monson referred the question to the developer to answer.
Commissioner Robertson asked if there has been any feedback from building officials on
permitting.
Ms. Monson stated yes there has been discussion on this.
Commissioner Erwin asked if there is direct access from the site to the LRT station.
Ms. Monson said yes there is direct access on the sidewalk and is the same elevation as
the plaza.
Commissioner Johnston-Madison asked if there are bathrooms in the studios.
Ms. Monson stated the studios are not living units, so do not have bathrooms in them.
There are shared restrooms on the second floor.
Commissioner Johnston-Madison asked where the elevators are in the building and Ms.
Monson pointed them out on the design.
Chris Velasco, PLACE, the developer made himself available for questions.
Commissioner Johnston-Madison asked Mr. Velasco if he has financing for the project.
Page 16 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Mr. Velasco stated the project is $50 million all in and there is a final bit of equity to
raise to finish the project and they are hoping to finalize this week. He stated this refers
to the equity for the hotel.
Chair Eckholm asked why the hotel and residence are being switched in the first place.
Mr. Velasco stated the 2017 tax bill eliminated all of their financing temporarily, so this
caused a big delay, and then tax-exempt financing was struck for a time also. He stated
in the delay they changed architects and started looking at the project with Marriott,
and the entrance into the hotel area, which they felt was awkward. Mr. Velasco stated
when the south side became the affordable area, this allowed for the switch and allows
the hotel entrance to be accessed easier.
Commissioner Johnston-Madison asked about ownership of the structure.
Mr. Velasco stated the non-profit PLACE will own the entire structure, and there is a
reserve account to ensure the affordable housing will be taken care of over time. He
added the hotel is the builder of the building and the residents are leasing from the
hotel, as it is all one connected building, and the Marriott hotel then will take care of the
building very well.
Commissioner Dumalag asked what the agreement terms are with the Marriott.
Ms. Velasco stated the term is 20 years.
Commissioner Erwin asked what the phasing is of the whole project and if the reduction
in these units will affect the phasing unit of how the project will be built.
Mr. Velasco stated this second phase will be completed as one building, and with a 12-
month construction schedule, it should be completed in Feb 2021 without any
additional phasing.
Commissioner Erwin asked if this includes the north side of the project as well.
Mr. Velasco stated the north side will be delayed as the new architect submits plans. He
stated the project is larger and will take longer, but within 2021.
Commissioner Robertson stated this project is very ambitious and unique, and provides
a nice mix in opportunities, and asked about the market rate live/work part of the
project that was removed from the south side -- and why this has occurred.
Mr. Velasco stated their financing group would not lend PLACE the money to do the
market rate live/work part of the project because it has not been done before, while the
affordable rate live/work projects have been successful. He added the north side market
rate live/work will still be done, however with only six units included there.
Page 17 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Commissioner Johnston-Madison asked what happened when a resident in the
affordable live/work area begins to make more money beyond the AMI cap, and if they
would need to move into another affordable unit.
Mr. Velasco stated the line is 140% of AMI if a resident moves beyond that, a market
rate unit would be turned into an affordable unit, so as to maintain the same rate of
units.
Commissioner Erwin asked can someone else move into an affordable unit even if they
don’t need the studio space.
Mr. Velasco stated since the studio space is free to the resident and is included, it most
likely will be used. He added the resident applicant would also need to prove they will
use the studio space for its intended use.
Commissioner Johnston-Madison asked who will own the building.
Mr. Velasco stated PLACE – the non-profit- will own the building and lease it. He stated
the renter pays utilities for their apartment and studio. He noted the utility rates are
calculated up-front and modeled and is a cost included in the master lease.
Commissioner Dumalag asked if a third party is managing the lease.
Mr. Velasco stated they are third party managing this through Metro Plains, which is
managing the whole complex.
Chair Eckholm opened the public hearing.
Roger Onken, 3600 Wooddale Ave. S., #212, which is kitty-corner from the project. He
noted the traffic management report from 2017 was not favorable and asked if another
traffic management report would be forthcoming from the city. He also stated he has
concerns about the 100% of below market rate all concentrated in one area of the
complex, and he has concerns about multiple families moving into one unit and upkeep
of the property, if this happens.
Meghan Phimister, 3451 Zarthan Ave. S., stated she has lived in St. Louis Park for over
30 years and has been following this project for 4 years. She stated residents in the area
were told the north side of the project would have started in March or April, and she is
now concerned about the full south side moving to all affordable housing and there are
only 6 units on the north side. She is concerned about the 100% affordable housing on
the south side, adding this project has not even started and is not even financed yet.
She added she is tired of looking at a giant pile of dirt on Highway 7. It should be opened
for other bids, its dragging, and she is not in favor of the changes being asked for.
Kim Anderson, 3248 Yosemite Ave. S., stated she has a question about financing and if
the financing that is in place is still solid if the project does not become 100% affordable
housing.
Page 18 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Mr. Velasco stated no, it is not.
Ms. Anderson stated we are still at a phase with PLACE that the model as presented is
not sustainable as presented. She stated this was a non-competitive project and now we
are at the 6th amendment. This develop has not been able to attain any foundation
support within the community either and added she would like to know why. She has
been cautiously optimistic and she is really concerned. She stated Mr. Velasco has a
great vision, but asked can we afford to deprive people who need affordable housing
right now, and asked that someone ask the tough questions now.
The Chair closed the public hearing.
Ms. Monson answered questions of those who spoke at the public hearing.
She noted the traffic analysis did include some mitigations at Wooddale and at the
Wooddale Bridge, and the frontage road at Hwy 7. She stated with the improvements
from SWLRT, it was shown the traffic would improve in this area.
Ms. Monson stated the timeline and market rate questions related to the north side.
She noted there are 66 market units there, and not 6 units, adding it is a broad base of
units within the development. She stated the new plans for the north side will be
submitted next Tuesday and will be reviewed and approved prior to the end of the year,
with the new architect’s plans. She added the north site should begin construction in
January and phase 2 should begin in February.
Ms. Monson stated Mr. Velasco was correct in stating that financing was removed from
the south side of the project, if market rate housing was included. She added that is why
the south side is not all affordable units.
Commissioner Johnston-Madison stated she is concerned about the free studio and
feels this is risky and would vote against this.
Commissioner Dumalag also stated she is concerned how this will be managed and is
concerned about how it will look 10-15 years from now after the tax credits are gone, or
the Marriott leaves.
Commissioner Robertson stated he is split. He said it is a good vision, but the artist
studios changes it and he feels some of the mix has been lost. For successful affordable
housing, it should blend into the fabric and not be noticeable, and he has concerns
about this reduction and is not comfortable with the changes.
Chair Eckholm stated he has seen this type of project be successful in other places. He
stated he is struggling in that this is a good vision, but there are concerns in how the
vision will be executed. He stated he is comfortable supporting it.
Commissioner Johnston-Madison stated if this is not approved tonight, it would not
affect the north side.
Page 19 City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9
Ms. Monson stated this is an overall concept and yet the north can function without the
south side and the city has already sold the north side to the developer.
Commissioner Kraft stated she is coming into this without knowing the full history, and
thinks of this as a complete project, and will feel a mix with the SWLRT bringing this
together along with the woneruf. She stated she will support this.
Commissioner Kraft made a motion, Commissioner Beneke seconded, recommending
approval of the planned unit development major amendment to Section 36-268-PUD 9.
The motion passed on a vote of 5-2 (Robertson, Johnston-Madison against).
DN
DN
DN
&
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$
$
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&
$
BBBBBBBBBBBBBBBBBBBBB
&
$
BBBBBBBBBBBBBBBBBBBBB
A2.111C
A2.121CA2.122C
A 2 .1 1
1A
A 2 .12
1A
A2.10
1AA2.123A
STORAGE
MAINT
WORK
VEST ENTRYVESTVEST
POOL
FITNESS
ELEC
COFFEE
SHOP STAIR C
BACK OF
HOUSE
RESTAURANT
EMPLOYEE
BREAK
OFFICE
OFFICE
RES LOBBY
TRASH/RECYCLE
OFFICE
PERFORMANCE
GREEN
ROOM
42 BIKESCOFFEE
BAR
SHWR
MECH
POOL
EQUIPMENT
POOL
STOR.
STORAGE CORNER
MARKET
REGISTRATION
LOUNGE
BREAKFAST
STUDIO
TYPE 2
121
278.06 SF
STUDIO
TYPE 2
122
281.26 SF
STUDIO
TYPE 2
120
284.82 SF
PACKAGES
VEST
MOVE-IN
STAGING
MAIL
STUDIO
STUDIO
STUDIO
STUDIO
STUDIO
STUDIO
STAIR A
UNISEX
PUBLIC
RR'S
RAMP
DOWN
1
2
3
4
5
6
7
8
9
10
12
11
13
14
15
1617
18
19
20
21
22
23
24
25
26
27
28
29
TRASH
TRASH
GREASE
M
W
QUICK
PRINT
FOOD PREP
SETBACK10' - 0" BUILDINGBLDG SETBACK5' - 0"SETBACK10 '- 0" BLDGSETBACK
10 - 0" BLDGBLDG SET
BACK5
' -
0
"
PROPERTY LINE PROPERTY LINE PROPERTY LINEP R O P E R T Y L IN E
P R O P E R T Y L IN E
35
34
33
32
31
30
62' - 0"76' - 4 1/4"31' - 5 3/4"109' - 4"24' - 0"15' - 4"62' - 0"62' - 0"24' - 4"160' - 9"62' - 0"132' - 3 3/4"
JANELEC/IT
STAIR B
W
O
O
D
D
A
L
E A
V
E
N
U
E S.
W 36TH STREET
BICYCLE
MAINTENANCE
STATION
P
R
O
P
E
R
T
Y LIN
E
S W L R T U T IL IT Y E A S E M E N T
S W L R T U T IL IT Y E A S E M E N T SWLRT UTILITY EASEMENTSWLRT UTILITY EASEMENT
S
W
L
R
T U
TILIT
Y E
A
S
E
M
E
N
T
TRASH
RECYCLE
COMPOST
10' - 5"8' - 0"RECYCLE
ELECTRIC
VEHICLE
(LEVEL 02)
ELECTRIC
VEHICLE
(LEVEL 02)
ELECTRIC
VEHICLE
(LEVEL 02)
2
A2.02
BBBBBBBBBBBBBBBBBBB
CANOPY
OVERHEAD
CANOPY
OVERHEAD
CANOPY
OVERHEAD
CANOPY
OVERHEAD, TYP.
PARRALLEL STALLS
WILL BE SIGNED BUT
NOT STRIPED
CANOPY OVERHEADCANOPY OVERHEAD
CANOPY
OVERHEAD
CANOPY OVERHEAD
RAISED SEATING AREA WITH GUARDRAIL
BUILDING
ABOVE
2 0 ' - 0"
2 0 ' - 0"
2 0 ' - 0"
2 0 ' - 0"20 ' - 0"
2 0' - 0"
3
A2.02
BBBBBBBBBBBBBBBBBBB
4
A2.02
BBBBBBBBBBBBBBBBBBB
ACCESSIBLE ROUTE
(MAX 5% SLOPE)
A C C E S S IB L E R O U T E
(M A X 5 % S L O P E )ACCESSIBLE ROUTE(MAX 5% SLOPE)
ACCESSIBLE ROUTE
(MAX 5% SLOPE)
A
C
C
E
S
SIB
L
E R
O
U
T
E
(
M
A
X 5
%
S
L
O
P
E)
RETAINING WALL TO
MATCH EXISTING
PLANTER -SEE CIVIL
EXISTING
ADJACENT
BUILDING
A C C E S S IB L E R O U T E
(M A X 5 % S L O P E )CANOPY
OVERHEAD
BICYCLE PARKING -LOCATIONS
TO BE COORDINATED WITH SWLRT
BUILDING ABOVE
STOOP BELOW
STOOP BELOW
STOOP BELOW
STOOP BELOW
STOOP BELOW
STOOP BELOW
STOOP BELOW
STOOP BELOW
EXISTING
ADJACENT
BUILDING
STOOP BELOW
STAIR D
POOL AIR
HANDLING UNIT
POOL CONDENSING UNIT
(DEHUMIDIFIER)
ACCESSIBLE ROUTE
(MAX 5% SLOPE)
GARAGE
VENTILATION
CAST-IN-PLACE CONCRETE
STAIR; REFER TO STRUCTURAL2' - 10" HANDRAIL HEIGHTCONTINUOUS GALV. STL
HANDRAIL RETURN TO
VERTICAL POST; MITER AND
WELD ALL JOINTS SMOOTH,
PAINT
1' - 6"MAX 30"ONE TREAD DEPTH
MINIMUM
6' - 6"4"RIBBED METAL PANEL.
PROFILE TO MATCH
RIBBED NICHIHA
PANEL
6" x 6" GALV STEEL
TUBE, PAINT
CONCRETE PAD AT
TRASH ENCLOSURE
ASPHALT PARKING LOT
CONCRETE CAISSONTYP4"4"2"3' - 6"SS CABLE GUARD RAIL WITH
GALVANIZED AND PAINTED
STEEL POSTS
2"
GALVANIZED STEEL POST
STOP
GALVANIZED STEEL
SLEEVE POST
SS SET SCREWS
GALV STEEL MOUNTING
PLATE. PAINT1/4"FILE:
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
9,$/81$ )$,5),(/'
,11+27(/
M:\\18Proj\180647\600 Drawings\A\
67/28,63$5.01
N O T FO R C O N S T R U C T IO NPRELIMINARY
COPYRIGHT 2019 BY LHB, INC. ALL RIGHTS RESERVED.
NO DATE ISSUED FOR
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
:DVKLQJWRQ$YH16WH_0LQQHDSROLV01_
A
1
CLIENT:
3RUWODQG$YHQXH6RXWK6XLWH
0LQQHDSROLV01
WHO
1 08.05.2019 PUD AMENDMENT
2 10.07.2019 PUD AMENDMENT
2 3 4 5
B
C
D
3 10.29.2019 PUD AMENDMENT RESPONSE
BIM 360://180647 Via Luna and Fairfield Inn Hotel/180647 Place Hotel A19.rvt10/29/2019 12:02:18 PMA2.02
DJP
NMV
180647
6287+6,7(+27(/
5(6,'(17,$/ /(9(/
)/2253/$16
1 0 /2 9 /2 0 1 9
3/32" = 1'-0"1 LEVEL 1 FLOOR PLAN
3/4" = 1'-0"2 CONCRETE STAIR RAILING AT EXTERIOR
3/4" = 1'-0"3 SECTION AT TRASH ENCLOSURE
1 1/2" = 1'-0"4 GUARDRAIL AT RAMP
NO DATE REVISION
City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9 Page 20
EXTERIOR MATERIALS KEYTRANSPARENT SURFACE ANALYSIS
LEVEL 1 HOTEL
915' -0"
LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
LEVEL 2 HOTEL
930' -8"
LEVEL 3 HOTEL
941' -8"
LEVEL 4 HOTEL
952' -8"
ROOF -RES.
987' -10"
LEVEL 5 HOTEL
963' -8"
ROOF -HOTEL
975' -8"
LEVEL 1 RES.
915' -10"
PH ROOF -HOTEL
985' -0"
MAS1
MAS1
SF
SF ECEC
FCP2
FCP1
FCP3
FCP2
FCP5
PV
FCP4
PV
CO
CO
0
0
0
0
D. HOTEL SIGNAGE
45 SF
A. LIVE/WORK SIGNAGE
20 SF
C. HOTEL SIGNAGE
15 SF
B. RESTAURANT SIGNAGE
15 SF
0
0
0
0
I. BUILDING
SIGNAGE 9' - 4"12' - 0"11' - 0"11' - 0"11' - 0"15' - 8"FCP3
EC
FCP6
FCP1
MS
ELEVATION
FORESHORTENED
COMS
BUILDING ADDRESSBUILDING
ADDRESS12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"15' - 0"AN ADDRESS NUMBERS
MAS1 DECORATIVE MASONRY (4x16)
BAL PREMANUFACTURED ALUMINUM BALCONY (HUNG)
CO PREFINISHED METAL COPING
EC ENTRANCE CANOPY (FABRICATED STEEL)
FCP1 FIBER CEMENT PANEL - RIBBED NICHIHA - BLUE
FCP3 FIBER CEMENT PANEL - RIBBED NICHIHA - GRAY
GR GUARD RAIL
ML MECHANICAL LOUVER - PREFINISHED METAL
MS MECHANICAL SCREEN - PREFINISHED METAL
PV PHOTOVOLTAIC PANEL ARRAY (ROOFTOP)
SF ALUMINUM STOREFRONT
AD ART DISPLAY AREA
FCP4 FIBER CEMENT PANEL - PANEL NICHIHA - GRAY
FCP5 FIBER CEMENT PANEL - PANEL NICHIHA - WHITE
FCP6 FIBER CEMENT PANEL - PANEL NICHIHA - CHARCOAL
FCP2 FIBER CEMENT PANEL - RIBBED NICHIHA - WHITE
GW GLASS WALL
LEVEL 1 HOTEL
915' -0"
LEVEL 0
904' -0"
LEVEL 0
904' -0"
LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
LEVEL 2 HOTEL
930' -8"
LEVEL 3 HOTEL
941' -8"
LEVEL 4 HOTEL
952' -8"
ROOF -RES.
987' -10"
LEVEL 5 HOTEL
963' -8"
ROOF -HOTEL
975' -8"
LEVEL 1 RES.
915' -10"11' - 10"15' - 0"12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"PENTHOUSE RF -RES.
997' -10"
PH ROOF -HOTEL
985' -0"
QQ
COFFEE SHOP
11' - 0"15' - 8"11' - 0"11' - 0"11' - 0"12' - 0"9' - 4"MAS1
SF
EC
PV
PV
PV
MAS1
SF
EC
E. RESIDENTIAL ENTRY SIGNAGE
15 SF
QQ
QQ QQ
QQ
QQ
EMPLOYEE
BREAK
FCP2
FCP1
CO
FCP3
FCP3
CO
FCP6
BAL
FCP5
FCP2
FCP1
FCP4
CO
MS
GR
MAS1 72' - 0"71' - 8"KEY PLAN - EXTERIOR ELEVATIONS
FACADES IN PUBLIC RIGHT OF WAY (REQUIRING TRANSPARENT
SURFACE ANALYSIS). SEE SHEET A2.10.
/
3
A
A
2.12
D -SOUTH
BUILDING C -HOTEL
BUILDING
/1A A2.10/1 A A 2 .1 2/
2
C
A2.12
/1C A2.10 /1C A2.10/3AA2.11/1 A A 2.1 1
/1A A2.10 /2CA2.11/1CA2.11/1CA2.12PERCENT OF TRANSPARENT SURFACE AREA ALONG PEDESTRIAN RIGHT OF WAY (BETWEEN 2'-0" AND 8'-0" ABOVE GRADE)
C - HOTEL BUILDING
D - SOUTH ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - SOUTHWEST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - NORTHWEST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - NORTHEAST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - EAST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - NORTH ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
D - SOUTH BUILDING
C - SOUTH ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
C - WEST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
C - NORTHWEST ELEVATION
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
748.02 SF
498.01 SF
66.58 %
964.55 SF
638.53 SF
66.20 %
416.65 SF
256.28 SF
61.51 %
458.13 SF
280.51 SF
61.23 %
794.03 SF
476.01 SF
59.95%
382.25 SF
203.95 SF
25.69 %
532.56 SF
304.80 SF
57.23 %
372.13 SF
180.07 SF
48.39 %
284.55 SF
148.05 SF
52.03 %
TOTAL
ALL ELEVATIONS
TOTAL AREA BETWEEN 2'-0" & 8'-0" ABOVE GRADE
TRANSPARENT SURFACE AREA
% OF TRANSPARENT SURFACE AREA OF TOTAL
4,952.87 SF
2,986.21 SF
60.30 %
FILE:
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
9,$/81$ )$,5),(/'
,11+27(/
M:\\18Proj\180647\600 Drawings\A\
67/28,63$5.01
N O T FO R C O N S T R U C T IO NPRELIMINARY
COPYRIGHT 2019 BY LHB, INC. ALL RIGHTS RESERVED.
NO DATE ISSUED FOR
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
:DVKLQJWRQ$YH16WH_0LQQHDSROLV01_
A
1
CLIENT:
3RUWODQG$YHQXH6RXWK6XLWH
0LQQHDSROLV01
WHO
1 08.05.2019 PUD AMENDMENT
2 10.07.2019 PUD AMENDMENT
2 3 4 5
B
C
D
3 10.29.2019 PUD AMENDMENT RESPONSE
BIM 360://180647 Via Luna and Fairfield Inn Hotel/180647 Place Hotel A19.rvt10/29/2019 12:07:24 PMA2.10
DJP
SLD
180647
6287+6,7(+27(/
5(6,'(17,$/ 1257+
6287+(/(9$7,216
6(&7,216
1 0 /2 9 /2 0 1 9
3/32" = 1'-0"1A BUILDINGS C & D - SOUTH ELEVATION
3/32" = 1'-0"1C BUILDINGS C & D - NORTH ELEVATION
MATERIAL CALCULATIONS - C & D - SOUTH ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 11,220.04 SF 67%
BRICK 1,027.19 SF 6%
WINDOWS & STOREFRONT 3,895.59 SF 23%
16,142.82 SF 96%
CLASS 2
METAL WRAPPED SUBSTRATE 658.56 SF 4%
658.56 SF 4%
TOTAL 16,801.38 SF 100%
MATERIAL CALCULATIONS - C & D - NORTH ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 7,806.57 SF 68%
BRICK 874.07 SF 8%
WINDOWS & STOREFRONT 2,211.58 SF 19%
10,892.22 SF 95%
CLASS 2
METAL WRAPPED SUBSTRATE 556.66 SF 5%
556.66 SF 5%
TOTAL 11,448.88 SF 100%
MATERIAL CALCULATIONS - C & D - TOTAL
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 52,088.49 SF 66%
BRICK 6,963.34 SF 9%
WINDOWS & STOREFRONT 16,926.88 SF 21%
75,978.71 SF 96%
CLASS 2
METAL WRAPPED SUBSTRATE 3,246.32 SF 4%
3,246.32 SF 4%
TOTAL 79,225.03 SF 100%
NO DATE REVISION
City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9 Page 21
EXTERIOR MATERIALS KEY
LEVEL 1 HOTEL
915' -0"
LEVEL 2 HOTEL
930' -8"
LEVEL 3 HOTEL
941' -8"
LEVEL 4 HOTEL
952' -8"
LEVEL 5 HOTEL
963' -8"
ROOF -HOTEL
975' -8"
PH ROOF -HOTEL
985' -0"
PV
FCP1
G. COFFEE
SHOP SIGNAGE
10 SF
FCP2
MAS1
SF
ELEVATION
FORESHORTENED 12' - 0"11' - 0"11' - 0"11' - 0"15' - 8"FCP1
MAS1
I. BUILDING
SIGNAGE
FCP2
CO
FCP3
ML
LEVEL 1 HOTEL
915' -0"
LEVEL 0
904' -0"
LEVEL 2 HOTEL
930' -8"
LEVEL 3 HOTEL
941' -8"
LEVEL 4 HOTEL
952' -8"
LEVEL 5 HOTEL
963' -8"
ROOF -HOTEL
975' -8"
PH ROOF -HOTEL
985' -0"
EC
FCP3
MAS1
PV
PV
F. HOTEL SIGNAGE
45 SF9' - 4"12' - 0"11' - 0"11' - 0"11' - 0"15' - 8"11' - 0"SF
FCP2
FCP1
COFCP3
LEVEL 1 HOTEL
915' -0"
LEVEL 2 HOTEL
930' -8"
LEVEL 3 HOTEL
941' -8"
LEVEL 4 HOTEL
952' -8"
LEVEL 5 HOTEL
963' -8"
ROOF -HOTEL
975' -8"
PH ROOF -HOTEL
985' -0"
CO
SF H. COFFEE SHOP SIGNAGE
10 SF I. BUILDING SIGNAGE
62 SF BLADE 12' - 0"11' - 0"11' - 0"11' - 0"15' - 8"FCP3
PV
FCP2
FCP1
MAS1
ELEVATION
FORESHORTENED
AN ADDRESS NUMBERS
MAS1 DECORATIVE MASONRY (4x16)
BAL PREMANUFACTURED ALUMINUM BALCONY (HUNG)
CO PREFINISHED METAL COPING
EC ENTRANCE CANOPY (FABRICATED STEEL)
FCP1 FIBER CEMENT PANEL - RIBBED NICHIHA - BLUE
FCP3 FIBER CEMENT PANEL - RIBBED NICHIHA - GRAY
GR GUARD RAIL
ML MECHANICAL LOUVER - PREFINISHED METAL
MS MECHANICAL SCREEN - PREFINISHED METAL
PV PHOTOVOLTAIC PANEL ARRAY (ROOFTOP)
SF ALUMINUM STOREFRONT
AD ART DISPLAY AREA
FCP4 FIBER CEMENT PANEL - PANEL NICHIHA - GRAY
FCP5 FIBER CEMENT PANEL - PANEL NICHIHA - WHITE
FCP6 FIBER CEMENT PANEL - PANEL NICHIHA - CHARCOAL
FCP2 FIBER CEMENT PANEL - RIBBED NICHIHA - WHITE
GW GLASS WALL
KEY PLAN - EXTERIOR ELEVATIONS
FACADES IN PUBLIC RIGHT OF WAY (REQUIRING TRANSPARENT
SURFACE ANALYSIS). SEE SHEET A2.10.
/
3
A
A
2.12
D -SOUTH
BUILDING C -HOTEL
BUILDING
/1A A2.10/1 A A 2 .1 2/
2
C
A2.12
/1C A2.10 /1C A2.10/3AA2.11/1 A A 2.1 1
/1A A2.10 /2CA2.11/1CA2.11/1CA2.12FILE:
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
9,$/81$ )$,5),(/'
,11+27(/
M:\\18Proj\180647\600 Drawings\A\
67/28,63$5.01
N O T FO R C O N S T R U C T IO NPRELIMINARY
COPYRIGHT 2019 BY LHB, INC. ALL RIGHTS RESERVED.
NO DATE ISSUED FOR
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
:DVKLQJWRQ$YH16WH_0LQQHDSROLV01_
A
1
CLIENT:
3RUWODQG$YHQXH6RXWK6XLWH
0LQQHDSROLV01
WHO
1 08.05.2019 PUD AMENDMENT
2 10.07.2019 PUD AMENDMENT
2 3 4 5
B
C
D
3 10.29.2019 PUD AMENDMENT RESPONSE
BIM 360://180647 Via Luna and Fairfield Inn Hotel/180647 Place Hotel A19.rvt10/29/2019 12:07:37 PMA2.11
DJP
SLD
180647
6287+6,7(+27(/
5(6,'(17,$/ ($67
:(67(/(9$7,216
6(&7,216
1 0 /2 9 /2 0 1 9
3/32" = 1'-0"1A BUILDING C - NORTHWEST ELEVATION
3/32" = 1'-0"1C BUILDING C - EAST ELEVATION 02
3/32" = 1'-0"2C BUILDING C - EAST ELEVATION 01
3/32" = 1'-0"3A BUILDING C - WEST ELEVATION
MATERIAL CALCULATIONS - C - WEST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 6,071.45 SF 64%
BRICK 768.90 SF 8%
WINDOWS & STOREFRONT 1,949.11 SF 21%
8,789.46 SF 93%
CLASS 2
METAL WRAPPED SUBSTRATE 626.41 SF 7%
626.41 SF 7%
TOTAL 9,415.87 SF 100%
MATERIAL CALCULATIONS - C - EAST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 7,998.11 SF 67%
BRICK 1,852.10 SF 16%
WINDOWS & STOREFRONT 1,561.25 SF 13%
11,411.46 SF 96%
CLASS 2
METAL WRAPPED SUBSTRATE 524.52 SF 4%
524.52 SF 4%
TOTAL 11,935.98 SF 100%
MATERIAL CALCULATIONS - C - NORTHWEST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 2,585.97 SF 67%
BRICK 415.50 SF 11%
WINDOWS & STOREFRONT 749.39 SF 19%
3,750.86 SF 98%
CLASS 2
METAL WRAPPED SUBSTRATE 94.64 SF 2%
94.64 SF 2%
TOTAL 3,845.50 SF 100%
NO DATE REVISION
City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9 Page 22
EXTERIOR MATERIALS KEY
LEVEL 0
904' -0"
LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
ROOF -RES.
987' -10"
LEVEL 1 RES.
915' -10"
PENTHOUSE RF -RES.
997' -10"82' - 0"12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"15' - 0"LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
ROOF -RES.
987' -10"
LEVEL 1 RES.
915' -10"
PENTHOUSE RF -RES.
997' -10"12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"15' - 0"VERTICAL CLEARANCE23' - 11"GWADECMAS1SF
FCP4
FCP5FCP2
BAL FCP1
LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
ROOF -RES.
987' -10"
LEVEL 1 RES.
915' -10"
PENTHOUSE RF -RES.
997' -10"
MAS1
SFAD
FCP5
FCP2
FCP5
FCP1
COPV
ELEVATION
FORESHORTENED 12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"15' - 0"LEVEL 2 RES.
930' -10"
LEVEL 3 RES.
942' -10"
LEVEL 4 RES.
953' -10"
LEVEL 5 RES.
964' -10"
LEVEL 6 RES.
975' -10"
ROOF -RES.
987' -10"
LEVEL 1 RES.
915' -10"
PENTHOUSE RF -RES.
997' -10"
SF
J. RESIDENTIAL BUILDING SIGNAGE
62 SF
AD FCP4
FCP5
FCP2FCP3
CO
MS
PV
FCP1
MAS1 12' - 0"11' - 0"11' - 0"11' - 0"12' - 0"15' - 0"AN ADDRESS NUMBERS
MAS1 DECORATIVE MASONRY (4x16)
BAL PREMANUFACTURED ALUMINUM BALCONY (HUNG)
CO PREFINISHED METAL COPING
EC ENTRANCE CANOPY (FABRICATED STEEL)
FCP1 FIBER CEMENT PANEL - RIBBED NICHIHA - BLUE
FCP3 FIBER CEMENT PANEL - RIBBED NICHIHA - GRAY
GR GUARD RAIL
ML MECHANICAL LOUVER - PREFINISHED METAL
MS MECHANICAL SCREEN - PREFINISHED METAL
PV PHOTOVOLTAIC PANEL ARRAY (ROOFTOP)
SF ALUMINUM STOREFRONT
AD ART DISPLAY AREA
FCP4 FIBER CEMENT PANEL - PANEL NICHIHA - GRAY
FCP5 FIBER CEMENT PANEL - PANEL NICHIHA - WHITE
FCP6 FIBER CEMENT PANEL - PANEL NICHIHA - CHARCOAL
FCP2 FIBER CEMENT PANEL - RIBBED NICHIHA - WHITE
GW GLASS WALL
KEY PLAN - EXTERIOR ELEVATIONS
FACADES IN PUBLIC RIGHT OF WAY (REQUIRING TRANSPARENT
SURFACE ANALYSIS). SEE SHEET A2.10.
/
3
A
A
2.12
D -SOUTH
BUILDING C -HOTEL
BUILDING
/1A A2.10/1 A A 2 .1 2/
2
C
A2.12
/1C A2.10 /1C A2.10/3AA2.11/1 A A 2.1 1
/1A A2.10 /2CA2.11/1CA2.11/1CA2.12FILE:
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
9,$/81$ )$,5),(/'
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M:\\18Proj\180647\600 Drawings\A\
67/28,63$5.01
N O T FO R C O N S T R U C T IO NPRELIMINARY
COPYRIGHT 2019 BY LHB, INC. ALL RIGHTS RESERVED.
NO DATE ISSUED FOR
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
:DVKLQJWRQ$YH16WH_0LQQHDSROLV01_
A
1
CLIENT:
3RUWODQG$YHQXH6RXWK6XLWH
0LQQHDSROLV01
WHO
1 08.05.2019 PUD AMENDMENT
2 10.07.2019 PUD AMENDMENT
2 3 4 5
B
C
D
3 10.29.2019 PUD AMENDMENT RESPONSE
BIM 360://180647 Via Luna and Fairfield Inn Hotel/180647 Place Hotel A19.rvt10/29/2019 12:08:04 PMA2.12
DJP
SLD
180647
6287+6,7(+27(/
5(6,'(17,$/
(/(9$7,216
6(&7,216
1 0 /2 9 /2 0 1 9
3/32" = 1'-0"5C RESIDENTIAL - TYPICAL BUILDING SECTION
3/32" = 1'-0"1C BUILDING D - EAST ELEVATION
3/32" = 1'-0"2C BUILDING D - NORTHEAST ELEVATION
3/32" = 1'-0"1A BUILDING D - NORTHWEST ELEVATION
3/32" = 1'-0"3A BUILDING D - SOUTHWEST ELEVATION
MATERIAL CALCULATIONS - D - SOUTHWEST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 6,550.08 SF 64%
BRICK 697.75 SF 7%
WINDOWS & STOREFRONT 2,652.56 SF 26%
9,900.39 SF 97%
CLASS 2
METAL WRAPPED SUBSTRATE 317.12 SF 3%
317.12 SF 3%
TOTAL 10,217.51 SF 100%
MATERIAL CALCULATIONS - D - NORTHWEST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 3,041.73 SF 62%
BRICK 389.79 SF 8%
WINDOWS & STOREFRONT 1,259.50 SF 26%
4,691.02 SF 95%
CLASS 2
METAL WRAPPED SUBSTRATE 239.36 SF 5%
239.36 SF 5%
TOTAL 4,930.38 SF 100%
MATERIAL CALCULATIONS - D - NORTHEAST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 4,334.19 SF 63%
BRICK 460.24 SF 7%
WINDOWS & STOREFRONT 1,892.74 SF 28%
6,687.17 SF 98%
CLASS 2
METAL WRAPPED SUBSTRATE 166.92 SF 2%
166.92 SF 2%
TOTAL 6,854.09 SF 100%
MATERIAL CALCULATIONS - D - EAST ELEVATION
MATERIAL AREA PERCENT
CLASS 1
5/8" CEMENTITIOUS PANEL 2,480.35 SF 66%
BRICK 477.80 SF 13%
WINDOWS & STOREFRONT 575.09 SF 15%
WINDOWS & STOREFRONT 180.07 SF 5%
3,713.31 SF 98%
CLASS 2
METAL WRAPPED SUBSTRATE 62.13 SF 2%
62.13 SF 2%
TOTAL 3,775.44 SF 100%
NO DATE REVISION
City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9 Page 23
FILE:
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
9,$/81$ )$,5),(/'
,11+27(/
M:\\18Proj\180647\600 Drawings\A\
67/28,63$5.01
N O T FO R C O N S T R U C T IO NPRELIMINARY
COPYRIGHT 2019 BY LHB, INC. ALL RIGHTS RESERVED.
NO DATE ISSUED FOR
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
:DVKLQJWRQ$YH16WH_0LQQHDSROLV01_
A
1
CLIENT:
3RUWODQG$YHQXH6RXWK6XLWH
0LQQHDSROLV01
WHO
1 08.05.2019 PUD AMENDMENT
2 10.07.2019 PUD AMENDMENT
2 3 4 5
B
C
D
3 10.29.2019 PUD AMENDMENT RESPONSE
BIM 360://180647 Via Luna and Fairfield Inn Hotel/180647 Place Hotel A19.rvt10/29/2019 12:08:07 PMA4.01
SCS
NMV
180647
'9,(:
1 0 /2 9 /2 0 1 9
1 1/2" = 1'-0"1 PERSPECTIVE VIEW OF SOUTH BUILDINGS FROM 36TH STREET
NO DATE REVISION
City council meeting of November 18, 2019 (Item No. 8a)
Title: Planned unit development major amendment to Section 36-268-PUD 9 Page 24
Meeting: City council
Meeting date: November 18, 2019
Action agenda item: 8b
Executive summary
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the
existing special permit
Recommended action: Motion to approve a conditional use permit authorizing a major
amendment to the special permit to allow a building expansion and accessory building at
Benilde-St. Margaret’s school with conditions.
Policy consideration: Does the city council support the proposed major amendment to the
Benilde-St. Margaret’s special permit?
Summary: Benilde-St. Margaret’s (BSM) requests an amendment to its existing special permit
to convert an interior courtyard to classrooms and to construct an accessory building for the
athletic complex. The proposal includes two components.
1.Convert a courtyard into classroom space. The courtyard is approximately 3,600 square feet
in area. It is located within the existing building footprint of the school, so the addition does
not expand the existing outer perimeter of the school building. The subject courtyard is
pictured below.
2.Construct a 3,000 square foot (50 x 60 foot) athletics and maintenance building on the site
of an existing smaller 660 square foot (22 x 30 foot) maintenance building.
Today BSM has approximately 1,200 students. The proposed improvements are meant to
improve the quality of the facility including the maintenance and athletic components, not to
increase enrollment.
Parking: BSM had a total of 553 spaces, 432 spaces on-site and 158 spaces under contract with
Beth-El Synagogue, which is located across Barry Street. City code requires 411, therefore, BSM
has a surplus of 142 parking spaces, and no additional parking is required as a result of this
application.
Planning commission held a public hearing on November 6, 2019. No comments were received,
and the commission voted unanimously to recommend approval of the major amendment.
Financial or budget considerations: None.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Draft resolution
Exhibit L-CIL remodel
Exhibit M-maintenance building site plan
Supporting documents for CIL remodel and maintenance building
Prepared by: Gary Morrison, assistant zoning administrator
Reviewed by: Sean Walther, planning and zoning supervisor
Karen Barton, community development director
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 8b) Page 2
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
Discussion
Site information:
Site area: 31.97 acres
Current use: Middle and high school Surrounding land uses:
North: Single-family residences
East: Single-family residences
South: Synagogue and multi-family residence
West: Highway 100
Current 2040 land use guidance Current zoning
CIV - civic R-1 single-family residence
Present considerations: Educational facilities are a conditional use in the R-1 Single-Family
Residence district. However, BSM operates under a special permit that was first approved in
1985 and has been amended several times since. The city no longer utilizes the special permit
process and utilizes the conditional use permit process to amendments to the special permits
that exist throughout the city. BSM was last before the city in 2017 for a similar remodel that
entailed enclosing an interior courtyard.
School Remodel: The proposal is to enclose the interior courtyard and remodel the areas
immediately adjacent to it into the Center of Innovative Learning (CIL), which is an informal
area where students can collaborate. Two classrooms will be relocated as part of the remodel.
A portion of the roof to be constructed over the infilled courtyard will extend approximately 10
feet above the existing roof. The purpose of the raised roof is to provide natural light into the
space. This design is consistent with other windows that extend above the roof for the purpose
of providing natural light throughout the building.
City council meeting of November 18, 2019 (Item No. 8b) Page 3
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
The height of the proposed roof will be 23 feet above grade. This is lower than the auditorium
which is 31 feet above grade and the top of the sloped chapel roof, which is 43 feet above
grade. The proposed roof is shown below in blue.
Zoning analysis:
Lighting: Lights within the CIL space will be down cast, so the light emanating from the new
windows should be similar in appearance to other windows throughout the building.
Parking: A parking study was completed as part of the 2008/9 special permit amendment to
improve the athletic fields. At the time BSM had a total of 544 spaces, 386 spaces on-site and
158 spaces under contract with Beth-El Synagogue, which is located across Barry Street.
City council meeting of November 18, 2019 (Item No. 8b) Page 4
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
As a result of the special permit improvements, BSM added 46 spaces on-site, which increased
the total available parking spaces to 590 (432 on-site and 158 at Beth-El). The study also
showed that the total parking required by the city zoning ordinance was 363 spaces.
The proposed remodel is for the middle school and does not result in an increased in required
parking spaces.
Screening-Maintenance Building: The existing maintenance building is well screened from the
residential properties to the north. The replacement building will maintain the existing
screening. Pictures of the area around the shed, including the screening, are attached.
City council meeting of November 18, 2019 (Item No. 8b) Page 5
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
Resolution No. 19-____
Amends and Restates Resolution No. 17-083
Resolution amending and restating Resolution No. 17-083 adopted on
May 1, 2017, and granting amendment to existing special permit under
Section 36-37 of the St. Louis Park ordinance code relating to zoning to approve
a building expansion at Benilde St. Margaret’s School located at
2501 State Highway 100 South
Findings
Whereas, Benilde-St. Margaret’s School, has made application to the City Council for an
amendment to an existing special permit under Section 36-37 of the St. Louis Park Ordinance
Code to allow a building expansion at 2501 State Highway 100 within a R-1 Single Family
Residential Zoning District having the following legal description:
That part of the South ½ of the Northwest ¼ of Section 31, Township 29, Range 24 lying east of
State Highway No. 100, north of the south 330.00 feet thereof, and west of the east 450.00 feet
thereof; also the west 233.58 feet of the east 450.00 of the north 500 feet of said South ½ of
the Northwest ¼.
Subject to roads.
Whereas, the City Council has considered the information related to Planning Case Nos.
00-20-SP, 08-45-SP, 09-12-SP, 17-12-CUP, 19-31-CUP and the effect of the proposed
modifications to construct a building addition 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 continued special use permit was amended regarding the subject property
pursuant to Resolution No. 17-083 of the St. Louis Park City Council dated May 1, 2017, which
contained conditions applicable to said property; and
Whereas, due to proposed additions to the building, amendments to those conditions
are now necessary, requiring the further amendment of the special permit granted under
Resolution No. 17-083; and
Whereas, it is the intent of this resolution to restate the conditions of the permit
granted by Resolution No. 17-083, to add the amendments now required, and to consolidate all
conditions applicable to the subject property in this resolution;
Whereas, the contents of Case No. 19-31-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
City council meeting of November 18, 2019 (Item No. 8b) Page 6
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
It is further resolved that Resolution No. 17-083 is hereby restated and amended by this
resolution which continues and amends a special permit to the subject property for the
purposes of constructing an addition to the school building and converting storage space to
classroom at the school building located within the R-1 Single Family Residential District at the
location described above based on the following conditions:
1.That the grading and drainage be constructed and maintained thereafter in accordance
with Exhibit A – Grading and Drainage Plan, Exhibit B – Sodding, Seeding and Landscape Plan
and all conditions set forth in the City’s Flood Plain Zoning District regulations be satisfied as
specified in Section 14:123.100(2)(a) through (k).
2.That all grading, sodding and seeding be completed by October 15, 1985.
3.The special permit shall be amended pursuant to Planning Case No. 92-42-SP to permit
construction of a pylon sign 19.5 feet in height and to permit a total sign area of 200 square
feet.
4.The special permit shall be amended on May 1, 2000 (Case No. 00-20-SP) to incorporate
all of the preceding conditions and add the following conditions:
a.The site shall be developed, used and maintained in accordance with Official Exhibits
C thru K. Exhibits B and D, landscape plan may be modified as to the exact location
of the arborvitae plantings along the north lot line to most effectively provide
screening and to preserve existing trees. Exhibit B landscape plan may also be
modified to move up to 50% of the new bufferyard plantings north of the Princeton
Court townhomes to directly east of the east parking lot, provided this is agreed to
by the applicant and Princeton Court townhomes.
b.Prior to any site work, applicant shall meet the following conditions:
1.Obtain a Watershed District permit and submit copy to City.
2.Applicant shall sign assent form and official exhibits.
c.A building permit is required, which may impose additional conditions.
d.If parking should become a problem in the future, the Zoning Administrator may
require that proof of parking be converted to parking and any additional measures
taken by Benilde-St. Margaret’s at its expense to mitigate the parking congestion.
e.A five foot building height variance for an auditorium is approved, subject to all
conditions of final approval.
f.The property owner shall grant a trail easement to the City at no cost in a location to
be agreed upon by both parties, if it is determined by the City that a trail is to be
constructed in this area.
5.The special permit shall be amended on June 15, 2009 to incorporate all of the
preceding conditions and add the following conditions:
City council meeting of November 18, 2019 (Item No. 8b) Page 7
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
a. The site shall be developed, used and maintained in accordance with exhibits
incorporated by reference herein.
b. Prior to starting any site work, the following conditions shall be met:
1. The property owner shall dedicate at no cost to the City a 10’ easement
required as part of prior approvals along the west frontage road and along 25
½ Street West.
2. All required permits shall be obtained, including but not limited to those
permits issued by the Minnehaha Creek Watershed District.
3. The applicant shall provide to the City a financial guarantee in the form of a
Letter of Credit or Cash Escrow to ensure the installation and survival of all
landscaping materials. The financial guarantee shall be in the amount of
125% of the cost of installation.
4. The applicant shall establish a committee consisting of three neighboring
property owners residing to the south of the property, three neighboring
property owners residing to the north of the property, and representatives
from the Benilde-St. Margaret’s School. The committee shall meet a
minimum of two (2) times per school year to discuss the upcoming athletic
schedule and any outstanding issues raised by either Benilde-St. Margaret’s
or adjacent property owners. The Community Development Director or
designee shall be informed of and may attend committee meetings.
c. The requirements for a minimum of 400 off-street parking spaces and for a
minimum of 44 proof-of-parking spaces on-site from the May 1, 2000 approval shall
continue.
d. The applicant shall install and maintain a device governing all outdoor amplified
sound systems on the site to be in compliance with the City’s noise regulations.
e. Music played over any outdoor amplified sound system shall be permitted until
10:00 PM for a duration of not more than thirty (30) minutes before any varsity
athletic event or for occasional outdoor events typical of a high school.
Neighborhood notification shall be required for any special outdoor events featuring
music.
f. Upon the City’s request due to planned construction of a trail, the property owner
shall grant at no cost to the City a 10’ trail easement along the north property line
running from the cul-de-sac at Westridge Lane to the east and terminating at the
northeast corner of the property. Should the City construct such a trail, the City
shall be responsible for any costs associated with fence or landscaping relocation.
City council meeting of November 18, 2019 (Item No. 8b) Page 8
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
g. The current application does not include the construction of a bubble or dome on
the property. A major amendment to the Special Permit would be required if a
bubble or dome is proposed in the future.
h. Use of field five (5) for athletic activities, as designated on the official exhibits, shall
between the months of September and December of each year be prohibited during
the following times:
1. 9:00 PM Friday to 9:00 AM Saturday.
2. 9:00 PM Saturday to 9:00 AM Sunday.
i. Use of field five (5) for athletic activities, as designated on the official exhibits, shall
between the months of April and August of each year be prohibited during the
following times:
1. 9:00 PM Friday to 8:00 AM Saturday.
2. 9:00 PM Saturday to 8:00 AM Sunday.
j. Upon completion of the new primary turf field (field 1), and until such a time as it
can be brought into full compliance with the lighting requirements of the Zoning
Ordinance, lighting at the existing track and field (field 4) shall not be used except
for track and field meets between March 15 and June 15 of each year.
k. The applicant shall follow guidelines for all fields and associated facilities on the site,
as follows:
1. To the greatest extent possible, all major non-track events shall take place at
the new field 1 (one) per the official exhibits. Major events shall be defined
as any non-track event with over 100 fans in attendance where both the
lighting and sound system is used.
2. To the greatest extent possible, the applicant shall utilize only one lighting or
sound system at any given time. In no case shall the applicant utilize more
than two lighting or sound systems at any given time.
3. Athletic training using the on-site bleachers shall not be permitted.
4. Except for current users, the City’s Parks and Recreation Department,
temporary, or emergency situations, the applicant shall not permit regular
use of its fields by other schools or organizations. A minor amendment to
the Special Permit shall be required to allow regular use of the applicant’s
athletic fields by other schools or outside organizations.
5. To the greatest extent possible, the applicant shall attempt to minimize use
of the outdoor amplified sound system and field lighting system during
months that school is not in session, with the exception of current summer
sports programs.
6. The addition of new summer sports programs using the outdoor amplified
sound system and field lighting system shall require a minor amendment to
the Special Permit.
7. Except for the National Anthem, summer sports programs shall, to the
greatest extent possible, avoid playing music over the outdoor amplified
sound system.
City council meeting of November 18, 2019 (Item No. 8b) Page 9
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit
6. The special permit shall be amended on May 1, 2017 to incorporate all of the preceding
conditions and add the following conditions:
a. The addition be constructed as illustrated on Exhibit C – 2017 Building Addition.
b. The cross displayed on the exterior of the glass wall facing east shall not be lit.
c. The glass shall be tinted to reduce the amount of interior light visible from outside
the building.
7. The special permit shall be amended on November 18, 2019 to incorporate all of the
preceding conditions and add the following conditions:
a. The courtyard remodel shall begin within two years of the approval of the
amendment to the special permit and shall be constructed as illustrated in Exhibit L-
CIL Remodel.
b. Construction of the maintenance building shall begin by December 31, 2025. It shall
be located in accordance with Exhibit M-Maintenance Building Site Plan.
c. The maintenance building is to have a gable roof, and it shall not exceed 20 feet in
height measured from the top of the concrete slab to the roof peak.
d. Additional screening may be required with the building permit for the maintenance
building as determined by the zoning administrator.
In addition to any other remedies, the developer or owner shall pay an administrative fee of
$750 per violation of any condition of this approval.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of building permit.
Reviewed for administration Adopted by the City Council November 18, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
2D
A300
A630
209 SF
Huddle #1
1
808 SF
Room
2
798 SF
Room
3
870 SF
Room
122
812 SF
Room
121
149 SF
Huddle #2
7
149 SF
Huddle #3
8
789 SF
Help Desk
123
1190 SF
Science
135
2563 SF
Innovation Center
11
4D
A300
4C
A300
4B
A300
A630
2B
A630
4D
4B
FIXEDFIXED
A B C D E F F.1 G H I
10
1
2
3
4
5
5.2
6
6.3
7
8
9
11B
1854 SF
Hall
14
FIXED FIXEDFIXEDFIXED FIXED FIXED15'-1 5/8"4"9'-2 1/2"12'-10 1/2"3'-5 1/2"11'-1 1/2"2'-3 1/2"10'-8"9'-4"5'-7"12'-0"13'-0 7/8"18'-10 1/2"19'-3 5/8"4'-3"24'-9 1/4"26'-9 1/2"17'-11"24'-2"11'-1 3/4"
2C
A300
D.2
PK-30 SYSTEM
PK-30 SYSTEM
2-HOUR
2B
2F
90 MINUTE
90 MINUTE
90 MINUTE
90 MINUTE DOORS
AND FRAMES IN
EXST OPENINGS
A200
4B
A201
4B
A6304C
LINE OF
SOFFIT ABOVE
14A
14B
6'-6 7/8"
C
Project Number:
Date:
Drawn By:
Checked By:
2017 Miller Dunwiddie Architecture, Inc.
DRAWING TITLE
DRAWING NUMBER
PROJECT
REVISED
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF MINNESOTA.
Signature
Name
Date License #
xxx
xxx
CUP Application Set
Not For Construction
A100
FIRST FLOOR
PLAN
BSM1901
JJS
BENILDE-ST.
MARGARET'S
SCHOOL
2501 MN 100
ST. LOUIS PARK, MN 55416
CENTER FOR INNOVATIVE
LEARNING
BSM1901
9.16.2019
1/8" = 1'-0"A100
4D FIRST FLOOR PLAN
Mark Date Description
N
TRUE NORTH
City council meeting of November 18, 2019 (Item No. 8b)
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit Page 10
FIRST FLOOR
100'-0"
T.O. JUNIOR HIGH ROOF
111'-8"
T.O. WEST CLASSROOM
WING ROOF
116'-0"
A B C D E F F.1 G H ID.2
T.O. CIL CLERESTORY
ROOF
123'-5 3/4"
T.O. SLOPED CHAPEL
ROOF
143'-0"
T.O. GREAT HALL &
THEATER ROOF
131'-8"
T.O. NEW CLASSROOM
ROOF
113'-1"
FIRST FLOOR
100'-0"
T.O. JUNIOR HIGH ROOF
111'-8"
T.O. WEST CLASSROOM
WING ROOF
116'-0"
1 2 3 4 5 5.2 6 6.3 7 8 9
T.O. CIL CLERESTORY
ROOF
123'-5 3/4"
T.O. NEW CLASSROOM
ROOF
113'-1"
C
Project Number:
Date:
Drawn By:
Checked By:
2017 Miller Dunwiddie Architecture, Inc.
DRAWING TITLE
DRAWING NUMBER
PROJECT
REVISED
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF MINNESOTA.
Signature
Name
Date License #
xxx
xxx
CUP Application Set
Not For Construction
A201
EXTERIOR
ELEVATIONS
BSM1901
Author
Checker
BENILDE-ST.
MARGARET'S
SCHOOL
2501 MN 100
ST. LOUIS PARK, MN 55416
CENTER FOR INNOVATIVE
LEARNING
BSM1901
9.16.2019
1/8" = 1'-0"A201
4D WEST EXTERIOR ELEVATION
1/8" = 1'-0"A201
4B SOUTH EXTERIOR ELEVATION
Mark Date Description
MATERIAL KEYNOTES
MATERIAL SLP ZONING
CLASS
PERCENTAGE OF FACADE
GLASS AND ALUMINUM STOREFRONT AT CLERESTORY:
STOREFRONT SYSTEM: TUBELITE; CHAMPAGNE COLOR;
GLAZING: PPG SOLARBAN 60 ON SOLARBRONZE LOW-E #2
CLASS I
PREFINISHED METAL FLASHING TO MATCH STOREFRONT
(AT ROOF EDGE ABOVE STOREFRONT, CORNERS OF
CLERESTORY; FLASHING BELOW CLERESTORY)
CLASS 2
GLASS SKYLIGHTS: OLDCASTLE
(WALLS BELOW SKYLIGHTS CLAD WITH PREFINISHED METAL)CLASS 1
PERCENTAGE NOT
CALCULATED BECAUSE:
- SOUTH ELEVATION IS NOT
VISIBLE FROM OFF SITE;
- EAST ELEVATION IS VISIBLE
FROM OFF SITE (FROM
HIGHWAY 100), HOWEVER,
NEW CONSTRUCTION
REPRESENTS A VERY SMALL
PERCENTAGE OF OVERALL
ELEVATION
City council meeting of November 18, 2019 (Item No. 8b)
Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permit Page 11
PROPERTY LINE (BLUE)2' SETBACK FROM PROPERTY LINE (YELLOW)(zoning code for accessory buildings; Article IV Div 4. Sec.36-162 Subsection d.1.b.1)60'-0"50'-0" 50'-0"18'-0"NEW 60' X 50'ATHLETICS &MAINTENANCESTORAGE BUILDING (3000 SF)MAINTAIN TRUCK ACCESS TOEXISTING WELL & GATE VALVE50' SETBACK FROM PROPERTY LINE (zoning code for educational buildings in R-1;Article IV Div 4. Sec.36.163 Subsection d.6.a)EXISTING ENLARGED SITE PLAN 1/32" = 1'-0"NORTHCity council meeting of November 18, 2019 (Item No. 8b) Title: Benilde-St. Margaret’s – conditional use permit approving a major amendment to the existing special permitPage 12
Meeting: City council
Meeting date: November 18, 2019
Action agenda item: 8c
Executive summary
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative
Rules
Recommended action: Motion to approve the 2020 Acceptable Materials and Exemptions List
and Administrative Rules.
Policy consideration: Does council wish to approve the recommended 2020 Acceptable
Materials and Exemption List and Administrative Rules?
Summary: The Zero Waste Packaging ordinance went into effect on January 1, 2017. Each year
staff reviews items that could be temporarily exempt (allowed), even though they are not
recyclable or compostable, as well as administrative rules to guide implementation of the
ordinance.
In 2019, there were three items on the exempt list and staff recommends keeping those
exemptions. Unfortunately, due to a significant shift in compliant product availability, staff
recommends adding two other material types. We hope this is just a short-term exception while
the market adapts. The reasons for each exemption are provided in the discussion.
Existing exemptions – recommend to keep
1.Paper food wraps and liners (e.g. fast food wrappers)
2.Asian takeout pails (plastic-lined, fold-top style paper)
3.Portion cups and lids (rigid polystyrene #6, two ounce or smaller)
New exemptions – recommend to add
4.Molded fiber products (e.g. clamshells, containers, bowls, etc.)
5.Paper plates
The recommended 2020 Administrative Rules keep in effect the 2019 rules for catering on city
property and remove two rules which were incorporated directly into the ordinance during the
amendment process in June 2019.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
Zero Waste Packaging 2020 Acceptable Materials and Exemptions List
Zero Waste Packaging 2020 Administrative Rules
Prepared by: Emily Barker, solid waste specialist
Reviewed by: Kala Fisher, solid waste manager
Mark Hanson, public works superintendent
Cynthia S. Walsh, director of operations and recreation
Approved by: Tom Harmening, city manager
Page 2 City council meeting of November 18, 2019 (Item No. 8c)
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules
Discussion
Background: The Zero Waste Packaging (ZWP) ordinance went into effect on January 1, 2017.
The ordinance requires that restaurants and food trucks utilize packaging that is recyclable or
compostable. It also requires that restaurants with seating have appropriate waste disposal
options for items used on-site (in-house). Since 2017, city staff have prepared a list of
temporarily exempt items that are not recyclable or compostable, but which are being allowed
due to limited compliant alternatives. In addition, administrative rules are written to clarify
certain aspects of the ordinance. These are reviewed annually and presented to council. A
written report with the following recommendations was provided to council during the October
28, 2019, study session.
Present considerations: In preparation for 2020, staff have reviewed the current temporary
exemptions and administrative rules and are proposing changes to both.
Exemptions
For 2020, staff proposes to keep the three material exemptions from 2019 and add two
additional material categories. The exemptions, and reasoning, are as follows:
1.Paper food wraps and liners: These are commonly used to line reusable food baskets
and wrap items such as sandwiches, burgers and tacos. They are not compostable due
to various grease barriers, which may be plastic, foil or chemical. Most options that
would be compostable do not offer the same grease resistance or leak-proof properties.
Given the lack of compostable options, staff recommend they continue to be exempted.
2.Asian takeout pails: These plastic-lined, fold-top style paper containers are an industry
standard for many Asian restaurants, including several in St. Louis Park. In the past, staff
had identified two options meeting the compostable requirement, but both had very
limited availability through special order requiring high quantity purchases, so the
decision was made to exempt these items. In 2019 staff learned that one of those
options lost its third-party verification for composability, limiting availability further.
Given the lack of a compostable version of these pails, staff recommend they continue
to be exempted.
There has been a request made to remove this exemption. The following is the timeline
of that request and staff response.
•April 2019: During the ordinance amendment process, a request was made by Zero
Waste West Metro Minnesota (ZWWMM), a local advocacy group, to remove the
exemption. Staff noted the request and explained the discussion would be revisited
in the fall during the normal exemption review process.
•June 2019: A petition created by ZWWMM was given to Mayor Spano with
signatures from 24 restaurants, also requesting the change. On June 27, city staff
sent a letter to 21 of the businesses (three were outside St. Louis Park) informing
them of the city’s exemption process and the opportunity to provide additional
comments in the fall.
•September 2019: On September 27, an email soliciting feedback on existing
exemptions or requests for new exemptions was sent to the city’s Zero Waste
Page 3 City council meeting of November 18, 2019 (Item No. 8c)
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules
Packaging email list, which included any petition signers that provided the email. It is
important to note that no additional comments were received regarding the pails.
•October 2019: On October 17, staff met with representatives from ZWWM to share
the staff recommendation to continue the exemption. Staff also contacted
restaurants in town that may be impacted by the removal of the exemption; seven
of the ten utilize these pails and the majority of them are small businesses. There
are approximately 115 restaurants total in the city.
3.Portion cups (two ounce or smaller) and lids: While compliant alternatives exist for the
rigid polystyrene (#6, PS) portion cups, they have several limitations.
•Recyclable options – available, but recyclability is limited due to food contamination
and size. If these cups aren’t clean (as is often the case when used for condiments)
they are too dirty to recycle. Additionally, small items like portion cups are difficult
for recycling facilities to sort properly, often ending up in the trash or as a
contaminant in glass.
•Compostable – available, but functionality varies depending on use. Many
compostable plastics cannot be used for hot condiments, such as nacho cheese.
4.Molded fiber products: As you may have heard, many of the molded fiber
compostable products currently on the market will be losing their third-party
certification through BPI, effective January 1, 2020. This is due to a class of chemicals
called perfluoroalkyl and polyfluoroalkyl substances (PFAS), or fluorinated chemicals,
which are used to provide moisture and grease resistance. Examples of these products
include clamshells, salad bar containers and bowls. These are being used in many local
restaurants that are affected by the ZWP ordinance. Given this situation and the lack of
replacement products which will meet compostable standards by the start of 2020, staff
recommends a new temporary exemption on these products.
The issue of PFAS has been growing over the last few years. BPI made the decision to
end certification for any products which have intentionally added PFAS or have levels
over 100 ppm total fluorine when tested. City staff have reached out to product
manufacturers to gather more information on how they are responding to this loss of
certification. Several are in the process of developing PFAS-free products, but few, if
any, will be widely available by the start of 2020. In September, city staff convened a
meeting with individuals from the City of Minneapolis, City of St. Paul, Hennepin County,
Minnesota Department of Health (MDH), Minnesota Pollution Control Agency and
Specialized Environmental Technologies (the compost facility where city curbside
organics are processed) to discuss the issue and how the various entities could work
together in addressing the challenges presented by PFAS in food packaging. MDH
provided background on PFAS for the group, and discussion followed on strategies that
could be taken. The consensus was to allow the non-certified items to be used for 2020,
under an exemption, with the assumption that the manufacturers will have products
available in the near future. This approach seeks to limit disruption for businesses and
residents, but also closely monitors product developments. City staff intend to stay in
regular contact with product manufacturers, third-party certification/approval
programs, the compost facility and other local government entities during this time.
Page 4 City council meeting of November 18, 2019 (Item No. 8c)
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules
5.Paper plates: For the same reason as molded fiber products, this exemption would
apply to any paper plate. This exemption would not extend to polystyrene (#6) foam
plates.
It will continue to be a requirement that a food establishment utilizing any of the exempt
materials must inform customers that the items are not recyclable or compostable. The
business must clearly indicate to customers that the items must be placed in the garbage. This
shall be done in print, such as on menus, posted signage or directly on the packaging.
Administrative rules
Updates made to Chapter 12 during the ordinance amendment process earlier in 2019 added
two of the previous administrative rules directly to the ordinance. Therefore, only one rule will
remain for 2020.
•As in 2019, for any catering taking place at city-owned facilities where organics and
recycling collection containers are available, caterers who provide single-use food service
items will need to ensure they follow the ordinance. This applies to city-sponsored events
or private events. This same expectation has been in place for food trucks from the
beginning and is a reasonable expectation for catering at city-owned facilities. This will
ensure that event locations such as the ROC, the Rec Center, City Hall and Westwood Hills
Nature Center are minimizing trash generated during events.
Catering activities which take place on private property or at city-owned facilities without
organics and recycling will be exempt from the ordinance.
2020 changes to the ordinance which enhance our ordinance
In addition, staff wish to note the following changes to the ordinance which were adopted in
2019. While these are separate from the annual exemption process, they will also take effect in
2020.
•Effective January 1 for all food establishments
o Compostable utensils: Food establishments will be required to utilize compostable
utensils, when not providing reusable options.
o Straws by request: Food establishments shall no longer provide straws to customers,
unless requested. A front-of-house straw dispenser or other self-serve setup will meet
the requirement of the ordinance.
•Effective January 1 for food trucks and July 1 for all other food establishments
o Compostable cup labeling: Food establishments will need to ensure that all
compostable cups and containers are labeled to indicate compostability.
o Cup and container lids: Food establishments will need to ensure that lids used for
compostable cups and containers are compostable and lids used for recyclable cups and
containers are recyclable.
Next steps: Upon council approval, the list of acceptable materials and exemptions will be
shared with impacted businesses immediately via email and a written letter in December 2019.
St. Louis Park Public Works Division • 7305 Oxford St., St. Louis Park, MN 55426
www.stlouispark.org • Phone: 952.924.2562 • Fax: 952.924.2560 • TTY: 952.924.2518
Attachment 1
Zero Waste Packaging Ordinance
2020 Acceptable Materials and Exemption List
Acceptable materials
Pursuant to subsection 12-205 of the ordinance, the public works division has developed the following
list of packaging materials that meet the ordinance provisions for 2020.
Recyclable packaging – The following materials meet the definition for recyclable packaging under
subsection 12-202 of the ordinance.
1.Plastic
a.Polyethylene Terephthalate (#1 PET or PETE)
b.High Density Polyethylene (#2 HDPE)
c.Polypropylene (#5 PP)
2.Metal
a. Aluminum (foil and containers)
Compostable packaging – The following materials meet the definition for compostable packaging in
subsection 12-202 of the ordinance.
1.Third-party verified compostable products – must be BPI Certified Compostable, Cedar Grove
Accepted or Compost Manufacturing Alliance Approved.
Temporarily exempt materials
Pursuant to subsection 12-205 and 12-206 of the ordinance, the public works division has developed
the following list of packaging materials that do not meet the definition for zero waste packaging in
subsection 12-202. However, due to the limited alternatives currently available, these items are
temporarily exempt from this ordinance and acceptable through December 31, 2020.
1.Paper food wraps and liners (e.g. fast food wrappers)
2.Asian takeout pails (plastic-lined paper, fold-top style )
3.Portion cups and lids (rigid polystyrene #6, two ounce or smaller)
4.Molded fiber products (e.g. clamshells, containers, bowls, etc.)
5.Paper plates
Food establishments that choose to utilize temporarily exempt items must provide information to
customers to clearly indicate these items cannot be recycled or composted and must be placed in the
garbage. This must be done in print, for example on menus, posted signage or directly on the
packaging.
November 18, 2019
City council meeting of November 18, 2019 (Item No. 8c)
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules Page 5
St. Louis Park Public Works Division • 7305 Oxford St., St. Louis Park, MN 55426
www.stlouispark.org • Phone: 952.924.2562 • Fax: 952.924.2560 • TTY: 952.924.2518
Attachment 2
Zero Waste Packaging Ordinance
2020 Administrative Rules
1.Catering activities
Section 12-202 defines food establishments by using the Hennepin County Code of Ordinances,
Chapter 3.3.1. Caterers are included in this definition and are thus required to comply with the
ordinance. However, due to the fact that catering is often provided by licensed food establishments
from outside the city at event locations that are not normally impacted by the ordinance, the public
works division created an administrative rule temporarily exempting catering activities. Most
catering activities occurring in the City of St. Louis Park will continue to be temporarily exempt
through December 31, 2020.
However, as in 2019, catering activities taking place at city-owned facilities where both recycling
and organics are available will need to be in compliance. The following locations are included:
•City Hall
o Community Room
o Council Chambers
o Westwood Room
•Fire Station 1
o Training Room
•Municipal Service Center
o Multi-purpose/Lunchroom
•Police Department
o Roll Call/Training Room
•Rec Center
o Aquatic Park
o Banquet Room
o Gallery Room
o ROC
•Westwood Hills Nature Center
“Catering activities” means the preparation of food under contract in support of an event such as a
reception, party, luncheon, conference, ceremony or trade show.
November 18, 2019
City council meeting of November 18, 2019 (Item No. 8c)
Title: Zero Waste Packaging 2020 Acceptable Materials, Exemptions List and Administrative Rules Page 6
Meeting: City council
Meeting date: November 18, 2019
Action agenda item: 8d
Executive summary
Title: Efficient building benchmarking ordinance
Recommended action: Mayor to open public hearing, take testimony, and close the hearing.
Motion to approve the first reading of the Efficient Building Benchmarking ordinance and set
the second reading of ordinance for Dec. 2, 2019.
Policy consideration: Does the city council support creation of a program to increase
awareness and encourage energy and water conservation as a step toward achieving the city’s
Climate Action Plan goals?
Summary: The Climate Action Plan includes a midterm goal to reduce energy consumption in
large commercial buildings 30% by the year 2030. One step to support this is the proposed
Efficient Building Benchmarking ordinance, requiring owners of commercial, multifamily, and
public buildings over 25,000 square feet to report annual whole building energy and water use.
The data would be used to benchmark energy consumption and motivate performance
improvement. Empowering property owners with the ability to compare the performance of
their building to itself, its peers, and to industry standards is key in this effort. The data may
also reveal long-term utility cost savings opportunities to property owners.
The proposed program would apply to approximately 275 buildings in St. Louis Park. While
representing less than 2% of our total building count, it would create benchmarks for
approximately 52% of the total commercial building square footage in the city. A web-based,
interactive map of all benchmarked buildings within the Hennepin County Efficient Buildings
Collaborative (of which St. Louis Park is a pilot city) will provide enhance visuals and comparison
capabilities to help promote the goals of the benchmarking program.
The benchmarking process will take property owners 4-10 hours to configure and 2-3 hours per
year after that to upload utility data. Technical assistance would be provided by Overlay
Consulting. The program would require no out-of-pocket expenses from property owners.
Financial or budget considerations: Adopting the Efficient Building Benchmarking ordinance
will require resources to administer. Contracting for the services provided by Overlay
Consulting would result in a $31,000 expenditure in the first year; that amount is currently
included in the proposed 2020 general operating fund budget. Expenditures for each future
year that the city contracts with Overlay Consulting would be $26,000. Staff plans to review the
option to maintain this program within the city in 2021 and beyond.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
Ordinance
Prepared by: Emily Ziring, sustainability manager
Reviewed by: Brian Hoffman, director of building and energy
Approved by: Tom Harmening, city manager
City council meeting of November 18, 2019 (Item No. 8d) Page 2
Title: Efficient building benchmarking ordinance
Discussion
Background: The city’s Climate Action Plan (CAP) include goals to reduce energy consumption
across building types, including commercial and residential. One method to increase awareness
and encourage investment in energy efficiency is implementing an energy benchmarking
program for larger buildings. Several cities across the US—including Denver, Seattle, and
Chicago—have implemented benchmarking requirements and are observing reduced energy
consumption as a result.
The Hennepin County Efficient Buildings Collaborative was established to provide consistent
methodology and technical support for benchmarking programs across Hennepin County
municipalities; creating uniformity in program reporting will assist commercial property owners
that have buildings in more than one city. St. Louis Park is considered a pilot city in the
Hennepin County Efficient Buildings Collaborative framework and has received free consulting
services to help develop this ordinance. Similar programs have been adopted in other cities
within Hennepin County, including Minneapolis and recently in Edina.
Feedback about the proposed ordinance from property owners has been important in helping
to shape the program. In August, letters were mailed to approximately 300 property owners
notifying them about the program and inviting them to attend one of two public meetings in
September at City Hall to learn more and provide feedback. At both meetings, Brian Hoffman,
Director of Building and Energy, and Katie Jones from Center for Energy and Environment (CEE)
gave an in-depth presentation about the program. One of the public meetings was recorded
and is available to view on the city’s YouTube Channel for property owners or community
members who are interested in learning more about the program. An article about the Efficient
Building Benchmarking ordinance was featured in the October Park Perspective newsletter and
in the SPARC quarterly newsletter.
Present considerations: The proposed Efficient Buildings Program would require annual whole
building energy and water consumption reporting for larger commercial and multifamily rental
buildings. All buildings of these types over 25,000 square feet are proposed to be included. In
future years the council may consider requiring benchmarking of smaller buildings; contracted
costs for program administration by Overlay Consulting are stepped based on total number of
buildings and would increase if the program includes more than 300 buildings. Industrial
facilities where significant energy consumption is used for production would be exempt to
avoid distorting the comparative results. The city will also benchmark all publicly-owned
facilities (other than smaller park structures).
The annual work for property owners and managers participating is intended to be minimal. In
year one, property owners will be required to enter their building characteristics, use and utility
consumption for the previous calendar year using the EPA’s free web-based Energy Star
Portfolio Manager tool; in future years, only the annual utility consumption will need to be
entered.
The program timeline is as follows.
City council meeting of November 18, 2019 (Item No. 8d) Page 3
Title: Efficient building benchmarking ordinance
Year One:
•January 2020: Sustainability Division staff and Overlay Consulting begin outreach to
property owners
•January – May 2020: Overlay Consulting holds training sessions with property owners
•March – May 2020: Property owners upload their calendar year 2019 data
•June 1, 2020: All data due and vetted (this date is recommended for consistency with
surrounding Hennepin County cities to improve performance comparison capabilities)
•June – September 2020: Sustainability Division staff and Overlay Consulting work
directly with property owners who have not met the June 1 deadline
•September 2020: Energy Report Card mailed to property owners and benchmarking
reports shared with sustainability staff
Year Two and beyond:
•January – May 2021: Overlay Consulting holds training sessions with property owners
•March – May 2021: Property owners upload their calendar year 2020 data
•June 1, 2021: All data due. Data is vetted and displayed on interactive map.
•June – September 2021: Sustainability Division staff and Overlay Consulting work
directly with property owners who have not met the June 1 deadline
•September 2021: Energy Report Card sent to property owners, benchmarking reports
shared with sustainability staff, interactive map available publicly
Beginning in 2021, benchmarking results will be publicly-available via a county-wide, web-based
interactive map that will update automatically as new building reports are submitted. The
interactive map design will allow users to view benchmarking compliance statistics, Energy Star
rating, and Energy Use Intensity (EUI), and to compare buildings by size, type, and location. This
data will be compiled year-over-year to provide historical comparison ability. Collective results
could be utilized by building owners to compare their building performance with buildings of
similar types within the county.
In addition to maintaining the interactive map, Overlay Consulting will be responsible for
outreach to property owners, annual training, technical assistance, vetting of data submitted,
customized feedback to property owners, and reports to the city.
Staff will work directly with property owners who do not meet the June 1, 2020 deadline to
improve program participation. In 2021 and beyond, property owners will be subject to the
Administrative Penalties and code violation sections of the city code.
Next steps: If the Council approves the first reading, the second reading is scheduled for Dec. 2,
2019. The city will then need to enter into a Joint Powers Agreement with Hennepin County for
the Efficient Buildings Collaborative and into a separate agreement with Overlay Consulting for
training and technical assistance.
In early 2020, sustainability division staff and Overlay Consulting will begin reaching out to
property owners to educate them on the benchmarking process and compliance requirements.
1
Ordinance No. ___-19
Efficient building benchmarking
The City of St. Louis Park does ordain:
Section 1. St. Louis Park City Code Chapter 6 is amended by adding Article VIII to provide
as follows:
6-301 Definitions.
The following words shall have the meaning ascribed to them, unless the context clearly
indicates a different meaning:
Benchmark means to compare the measured energy performance of a building to itself,
its peers, or to industry standards, with the goal of informing and motivating performance
improvement.
Benchmarking information means information related to a building’s energy
performance as generated by the benchmarking tool using descriptive information about the
physical building, its operational characteristics, and energy and water consumption.
Benchmarking tool means the United States Environmental Protection Agency's Energy
Star Portfolio Manager tool or an equivalent tool as adopted by the city.
Energy means electricity, natural gas, steam, heating oil, or other product sold by a
utility for use in a building, or renewable on-site electricity generation, for purposes of
providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in
the building and related facilities.
Energy performance score means the numeric rating generated by the Energy Star
Portfolio Manager tool or equivalent tool adopted by the city that compares the energy usage
of the building to that of similar buildings.
Energy Star Portfolio Manager means the tool developed and maintained by the United
States Environmental Protection Agency to track and assess the relative energy performance of
buildings nationwide.
Gross square footage means total building floor area of all conditioned space calculated
from overall exterior wall dimensions of all below and above grade floors.
City council meeting of November 18, 2019 (Item No. 8d)
Title: Efficient building benchmarking ordinance Page 4
2
2019.08.29_v1
Industrial means manufacturing, compounding, processing, packaging, treatment, and
assembly of products and materials.
Property owner means a person or entity possessing title to a building, or an agent
authorized to act on behalf of the property owner.
Tenant means a person or entity occupying or holding possession of a building or premises
pursuant to a rental or lease agreement.
Utility means an entity that distributes and sells natural gas, electric, or thermal energy
services for buildings.
Water means supplied, metered potable water for mixed use and irrigation uses.
Sec 6-302. Benchmarking Required.
(a)Required. Annual benchmarking is required for all buildings of 25,000 gross square
feet or larger. A property owner shall input the energy and water consumed during
the previous calendar year and obtain an energy performance score by June 1, 2020,
and by every June 1 thereafter. The property owner shall annually provide
benchmarking information to the city, in such form as established.
The information input annually by the property owner shall include, but need not be
limited to:
(1)Building characteristics;
(2)Building use;
(3)Meter information, including consumption.
(b)Exemptions.
(1)A building if its primary use is industrial, and the industrial use of the building
comprises the majority of energy demands for the building. A property owner
must make a request to the city to qualify for this exemption. In order to
qualify for an exemption, the property owner must permit the city to complete
an inspection of the property. The city will determine whether the building
qualifies for an exemption based on the requirements contained in this
chapter.
(2)Condominium multiple family residential buildings.
City council meeting of November 18, 2019 (Item No. 8d)
Title: Efficient building benchmarking ordinance Page 5
3
2019.08.29_v1
(3)A property owner may request exemption in writing from the benchmarking
and energy assessment requirements of subsection (a) for any of the
following:
(a)The property is presently experiencing qualifying financial distress such
that the property is the subject of a qualified tax lien sale or public auction
due to property tax arrearages, the property is controlled by a court-
appointed receiver based on financial distress, the property is owned by a
financial institution through default by the borrower, the property has
been acquired by a deed in lieu of foreclosure, or the property has a senior
mortgage which is subject to a notice of default; or
(b)The property or areas of the property subject to the requirements of this
section have been less than fifty (50) percent occupied during the calendar
year for which benchmarking is required; or
(c)The property does not have a certificate of occupancy or temporary
certificate of occupancy for all twelve (12) months of the calendar year for
which benchmarking is required.
Sec. 6-303. Multiple Tenant buildings.
Where aggregate data is not available, each tenant located in a property subject to benchmarking
under this chapter shall, within thirty (30) days of a request by the property owner and in a form
to be approved by the city, provide all information that cannot otherwise be acquired by the
property owner that is needed by the property owner to comply with the requirements of this
section.
Sec. 6-304. Public disclosure.
The city shall make readily available to the public, and update annually, benchmarking
information for the previous calendar year by September 1, 2021, and by every September 1
thereafter.
Sec. 6-305. Violations.
It shall be unlawful for any entity or person to fail to comply with the requirements of this section
or to misrepresent any material fact required to be prepared or disclosed by this section.
Violations shall be subject to the Administrative Penalties section of the city code. Violations
constitute a misdemeanor offense.
Section 2. This ordinance shall be effective 15 days following publication.
City council meeting of November 18, 2019 (Item No. 8d)
Title: Efficient building benchmarking ordinance Page 6
4
2019.08.29_v1
Reviewed for administration: Adopted by the City Council (insert date)
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
First reading November 18, 2019
Second reading December 2, 2019
Date of publication December 12, 2019
Date ordinance takes effect December 27, 2019
City council meeting of November 18, 2019 (Item No. 8d)
Title: Efficient building benchmarking ordinance Page 7