HomeMy WebLinkAbout2005/03/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
March 7, 2005
7:30 pm
Board/Commission Interviews
6:45 pm Shelley Taylor
7:00 pm Michael Cohn
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
3. Approval of Minutes
a. City Council Minutes of February 22, 2005
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to move items
from consent calendar to regular agenda for discussion and to approve those items
remaining on the consent calendar).
5. Boards and Commissions
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Request by Home Depot for approval of a Minor Amendment to an existing PUD
for a garden center addition at 5800Cedar Lake Road. Case No 04-64-PUD
Recommended
Action:
Motion to approve Resolution for a PUD Minor Amendment for
a garden center addition to Home Depot with conditions.
8b. Housing Summit Goals Presented to Council for Approval
Recommended
Action:
Motion to approve Housing Goals as developed through the St.
Louis Park Housing Summit and proceed with next steps for
implementation.
8c. Request of Emad Abed for a text amendment to Section 36-292 (f) of St. Louis
Park Ordinance Code (Zoning) relating to the floodplain overlay district to
delete the requirement that compensating storage (required when there is fill in a
floodplain) be provided outside of the floodplain boundary.
Case Nos. 05-04-ZA
Recommended
Action:
Motion to approve first reading of text amendments to Section
36-292 of the Ordinance Code (zoning) as recommended by staff
and Planning Commission and set second reading for March 21,
2005.
8d. Request of City of St. Louis Park for an amendment to the Comprehensive Plan
2000—2020, Chapter K Water Supply Plan to modify the water contingency
plan to conform to Federal Homeland Security legislation and to provide stricter
water conservation measures. Case No. 05-05-CP
Recommended
Action:
Motion to approve Resolution amending the Comprehensive
Plan 2000 – 2020, Chapter K. Water Supply Plan to provide
changes to water emergency planning in conformance with
Federal Homeland Security legislation and to incorporate stricter
water conservation measures subject to Metropolitan Council
review; approve summary resolution and authorize publication.
8e. Authorization to close Brunswick Avenue South at W. 33rd Street (Canadian
Pacific Railroad)
This report considers closing Brunswick Avenue South at the C.P. Railroad.
Recommended
Action:
Motion to adopt Resolution authorizing the closure of Brunswick
Avenue South at W. 33rd Street (Canadian Pacific Railroad)
conditioned on certain CPRR concessions.
8f. Consider enforcement options provided in Hennepin County Ordinance #24
establishing smoke-free restaurants within the County.
Recommended
Action:
Motion to authorize the City Manager to inform Hennepin
County by letter that the City will accept enforcement
responsibility of County Ordinance #24 establishing smoke-free
food and beverage establishments.
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department) at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF MARCH 7, 2005
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to adopt Resolution authorizing the installation of “No Parking” restrictions for
30 feet on both sides of the driveways to 6830, 6850 and 6610 Oxford Street.
Traffic Study No. 594
4b. Motion to adopt Resolution authorizing the execution of an Agency Agreement with the
Minnesota Department of Transportation providing for the Commissioner of
Transportation to act as the City’s agent in accepting federal aid funds for
transportation-related projects.
4c. Motion to adopt Resolution approving a Blanket Partnership Agreement with the
Minnesota Department of Transportation to perform certain technical services when
requested by the City.
4d. Motion to accept Vendor Claims for filing (Supplement)
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
FEBRUARY 22, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger and Sue Santa
Councilmember Sally Velick was absent.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms.
Reichert), City Engineer (Ms. Hagen), Community Development Director (Mr. Locke), Fire
Captain (Mr. Windschitl), Housing Program Coordinator (Ms. Larsen) and Recording Secretary
(Ms. Stegora-Peterson).
Mayor Jacobs observed a moment of silence in honor of David Dey, a St. Louis Park Police Officer
who was killed in Iraq while serving on active duty, and for all Minnesotans killed in the line of duty.
2. Presentations
a. Peggy Leppik, Met Council – Brookside ERF Grant Award
Peggy Leppik and Gail Dorfman, Hennepin County Commissioner presented a tax based
revitalization grant award certificate to the City of St. Louis Park for remediating
contaminated soil and asbestos abatement at the Brookside Lofts.
b. Award to Sonny Klein Foundation – Defibrillator
Captain Windschitl presented a history of the Sonny Klein Foundation and showed a
story from WCCO news. Since 1999 the Sonny Klein Foundation, with assistance from
local unions and others, had donated six defibrillators.
Mayor Jacobs thanked the Klein Family for their contributions.
Mrs. Klein presented checks on behalf of the Sonny Klein Memorial Fund and the St. Louis
Park Fire Department Union to the City of St. Louis Park for the sixth defibrillator, in City Hall.
c. Day One Food Drive
Claire Stringer, Lisa Hanson and Megan Freestad, Day One Food Drive Committee, invited
participation in the Food Drive to be held February 28th through March 4th. Drop-off of
nonperishable items and cash donations can be done at the St. Louis Park High School District
Office, Steve’s Amoco at Excelsior and Grand and at City Hall. Their goal was to raise
12,000 pounds of food.
St. Louis Park City Council Meeting
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Page 2
d. Resolution No. 05-034 Recognizing Departing Employee – Gary Willey
Mayor Jacobs read a Resolution recognizing Gary Willey who was unable to attend.
e. Resolution No. 05-035 Recognizing Departing Employee – Cheryl Engelman
Mayor Jacobs presented a resolution to Cheryl Engelman
f. Proclamation for Millie Johnson
Mayor Jacobs read a Proclamation honoring the life of Millie Johnson
3. Approval of Minutes
3a. City Council Minutes of February 7, 2005
Councilmember Finkelstein inserted “from ten years ago” on page two (item 3c.) after
“previous planning”.
The minutes were approved as corrected.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Approve 2nd reading of Ordinance No. 2289-05 amending Chapter 32: Utilities to add
language clarifying responsibility for cost of repair and installation of sewer lines, approve
the summary and authorize summary publication.
4b. Moved to regular agenda item 8c.
4c. Adopt Resolution No. 05-032 approving St. Louis Park Lions Club’s application for the
placement of 16 temporary signs in the public right-of-way.
4d. Approve second reading of Ordinance No. 2290-05 amending chapter 34 of the St. Louis
Park municipal code allowing residents 40 days after notification to remove a diseased
tree, approve the summary, and authorize publication of the summary.
4e. Designate Rainbow Tree Care, Inc. as the lowest responsible bidder and to authorize execution
of a contract for the 2005 Arbotect 20-S Elm injection program at a cost of $11.65 per diameter
inch.
4f. Designate North Star Tree Care, Inc. as the lowest responsible bidder and authorize
execution of a contract for the 2005 private diseased tree removal program in an amount
not to exceed $447,760
4g. Designate B.J. Haines Tree Service as the lowest responsible bidder and authorize
execution of a contract for the 2005 Boulevard Tree and Stump Removal Program in an
amount not to exceed $182,070.66
4h. Removed
St. Louis Park City Council Meeting
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4i. Adopt Resolution No. 05-033 approving six month extension of Time Warner Cable TV Franchise
Agreement
4j. Accept Planning Commission minutes of January 5, 2005 for filing
4k. Accept Housing Authority minutes of January 12, 2005 for filing
4l. Adopt Resolution No. 05-034 recognizing Gary Willey for 35 years of service
4m. Adopt Resolution No. 05-035 recognizing Cheryl Engelman for 30 years of service
Councilmember Basill requested removing item 4b. from the consent agenda and placed it on the
regular agenda as item 8c.
It was motioned by Councilmember Basill, seconded by Councilmember Santa, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 6-0.
5. Boards and Commission
a. Appointments to Board of Zoning Appeals
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Henry Solmer to the Board of Zoning Appeals.
The motion passed 5-0-1, with Councilmember Sanger abstaining.
b. Appointment to Human Rights Commission
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Karmit Bulman and Jason Hutchison as adult members, and Anna Decker youth
member to the Human Rights Commission.
The motion passed 6-0.
c. Other Appointments
It was motioned by Councilmember Omodt, seconded by Councilmember Finkelstein, to
appoint Kim Aune to the Police Advisory Commission.
The motion passed 6-0.
6. Public Hearings
6a. Public Hearing to Consider Allocation of 2005 Community Development
Block Grant Funds
Ms. Larsen presented the staff report.
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
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Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed.
It was motioned by Councilmember Sanger, seconded by Councilmember Santa to adopt
Resolution No. 05-026 approving proposed use of funds for 2005 Urban Hennepin County
Community Development Block Grant funds, reallocation of 2004 funds, and authorizing
execution of Subrecipient Agreement with Hennepin County and any related Third Party
Agreements.
The motion passed 6-0.
6b. Proposed Amendments to the City Home Rule Charter
Ms. Reichert presented the proposed amendments.
Mr. Bubul, Kennedy & Graven, discussed the section relating to bonds and State law
requirements to issue bonds. St. Louis Park City Charter provides an exception that bonds
can be issued without election, with the exception that they have to be approved by six
votes of the Council. The commission’s recommendation was to revise the Charter to
clarify that the council would have all powers for bond issuance under State law with the
number of votes required by state law, and that other types of bonds (not authorized by
statute) would require six votes. Other changes were for internal consistency and to
conform with State law.
Councilmember Sanger commented that she was on the Charter Commission for eight
years and knew this was an arduous and detailed process and thanked the Charter
Commission for their recommendations.
Mayor Jacobs agreed that it was a painstaking process to determine how they wanted the
city to operate and the powers they wanted certain people to have.
Ms. Reichert concluded her presentation.
Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed.
Councilmember Finkelstein recalled a discussion in study session relating to the section
dealing with bonds and debt limit (pg. 17) and if there was a difference replacing the
word securities with obligations? Mr. Bubul replied the term security had relevance in
securities law, whereas the term obligation was the general term used under Minnesota
law to describe any promise of a city to pay someone else. It was synonymous with the
word bond and was the only place that it showed in the Charter. His recommendation
was to be consistent in terminology.
Councilmember Finkelstein asked if the term obligation was broader? Mr. Bubul replied
in a sense it was. There may be things that are securities under Federal law that were not
bonds. He recommended obligation remain.
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
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It was motioned by Councilmember Sanger, seconded by Councilmember Finkelstein to
approve first reading of the ordinance to amend St. Louis Park Home Rule Charter: Table
of Contents, chapters 4, 5, 6, 11, and index, and set second reading for March 21, 2005
(7 affirmative votes required).
The motion passed 6-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Resolution Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule. Resolution No. 05-027
Councilmember Basill stated support of the resolution with an addition in the section,
“Whereas Minnesota’s long-range transportation plan”. It was supposed to be 2005, then
it was 2010 and now they were talking 2014. They gave reasons why that should not
occur. The DOT had stated that it was tied to Crosstown. They needed to add that there
was no legitimate reason that this was tied to the Crosstown reconstruction and no reason
why this could not be completed before the Crosstown project.
Councilmember Sanger supported Councilmember Basill’s proposed addition. She attended
the meeting where MnDot officials announced the delay of the highway reconstruction
project. One of the items that was brought up that they did not respond to adequately was in
previous years MnDot had informed St. Louis Park that the expansion of Highway 100 was
the second priority in all of the Metro area highway projects, after the priority given to the
Crosstown/35W Interchange. Now priority had been downgraded and the Hwy 100 project
was no longer the second priority. She wanted to add another bullet to the resolution saying
that no credible explanation had been provided for why the previously high priority of the
expansion of this segment of Hwy 100 had been delayed.
Councilmember Finkelstein also supported the resolution. The effect of having two lanes
going through Golden Valley, St. Louis Park and Edina, when it was three-lanes both North
and south of them, was difficult. In addition to contacting the City of Edina, they should
also contact the City of Golden Valley. This resolution should be printed in the next issue
of the Park Perspective. Everyone in the community should be informed about this delay.
Councilmember Sanger noted that there was additional information about the highway
issue that would be posted on the City website. Attached to that website was a listing of
officials at MnDot, including their Email addresses and phone numbers if residents
wanted to inform them of their point of view.
Mr. Harmening stated that St. Louis Park had been working with the Twin West Chamber
of Commerce who was also concerned about this delay. They were forming a Highway
100 Alliance, which he proposed would include the City, the Chamber and also inviting
Edina, Golden Valley and perhaps Hennepin County to make sure MnDot was aware of
their concerns and also to find ways to move this project up. They were planning two
meetings at which time they would be asking MnDot to talk with the community. This
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
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first meeting was scheduled on March 11th at 7:30 AM at the Doubletree in St. Louis
Park. The Twin West Chamber of Commerce and the Highway 100 Alliance were
sponsoring that meeting. They hoped to have MnDot officials in attendance. They were
also proposing a second meeting during the evening. The date for that meeting had not
been set. Meeting information would be posted on the web site.
It was motioned by Councilmember Basill, seconded by Councilmember Sanger, to adopt
Resolution No. 05-027 Supporting Reconstruction of Highway 100 and Opposing Delays
in the Proposed Project Schedule including the following additional comments:
• There was no legitimate reason that this was tied to the Crosstown reconstruction
and no reason why this could not be completed before the Crosstown project
• No credible explanation had been provided for why the previously high priority of
the expansion of this segment of Hwy 100 had been delayed.
• The resolution be printed in the next issue of the Park Perspective.
Mayor Jacobs supported the resolution. Highway 100 becomes very clogged and added
traffic goes onto the City streets, which is an untenable situation. It sounds like a money
issue to MnDot. It won’t be an inexpensive project, but it was about setting priorities.
They were saying that Highway 100 was not as congested as other arteries and he was
unsure where that would be. At one point they were second on the priority list and
believed this project would be starting in the next couple of years and now it won’t be
started for another nine years. That will hinder the ability to redevelop St. Louis Park and
do what they needed to do to stay competitive with cities and regions surrounding them.
It would be difficult to manage traffic along the Highway 7 corridor, around 36th and any
of the areas in St. Louis Park that were proposed for development and were being
developed. That traffic would have nowhere to go and the impact worried him.
The motion passed 6-0.
8b. Consideration of three Resolutions relating to Trunk Highway 100 Noise
Wall Construction Project No. 2005-0100.
Resolution No.’s 05-028, 05-029, 05-030
Ms. Hagen presented the staff report.
Mayor Jacobs thanked staff, the neighborhood group and everyone involved for their
work to come to this resolution.
Councilmember Basill thanked Ms. Hagen who worked through parking issues, right-of-
way acquisition and did an excellent job on this project.
Councilmember Santa asked in light of the previous resolution, how the future widening
of a portion of Highway 100 would impact the noise walls and how the noise wall had a
priority where the widening of the road did not? Ms. Hagen responded that the
Legislature required MnDot to go through a process of evaluating and ranking all of the
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
Page 7
areas on major trunk highways around the State where noise walls were not in place. The
East side of Highway 100 in this location ranked #2 overall and constructed in 2001. The
West side was ranked 27th. They allocated a certain amount of money each year and have
now gotten to this portion.
Councilmember Santa stated the other part of the question was when they hoped
Highway 100 would be widened, would the noise walls need to be taken down? Ms.
Hagen replied no, the proposed project ran from 36th Street up to Cedar Lake Road,
which would be North of this area.
It was motioned by Councilmember Basill, seconded by Councilmember Omodt, to
approve the following resolutions relating to Trunk Highway 100 Noise Wall
Construction, Project No. 2005-0100:
Resolution No. 05-028 authorizing acquisition of permanent easements for the
construction of a noise wall for City Project no. 2005-0100
Resolution No. 05-029 authorizing installation of “no parking” restrictions on the
East side of Vernon Avenue from W. 41st Street to the southern city border - Traffic
Study No. 5xx
Resolution No. 05-030 authorizing execution of a cooperative construction
agreement with the Minnesota Department of Transportation for the installation of a
noise wall on the West side of Trunk Highway 100
The motion passed 6-0.
8c. Application of Nathan and Marcy Schultz for Comprehensive Plan
Amendment from Low Density Residential to Medium Density Residential
and a Rezoning from R-2 to R-3 on the property at 4022 Yosemite Avenue
South (moved from the consent agenda)
Mr. Locke presented information about the application and what had occurred to date.
Nathan Schultz, 734 Galpin Lk Rd, Excelsior, stated that he sent an Email earlier and
wanted to address the issue that the City Council had with spot zoning at the prior
meeting. He drove around the neighborhood and found within ½ mile of Yosemite
Avenue there were a few apartment complexes, several duplexes and a few businesses
within the single-family zoning. It did not seem to be a traditional single-family area.
Most properties were on the corner or close to it. It appeared rezonings had been granted
for those. With the appraisal they had provided and the other properties in the area that
had been rezoned, he requested the City Council reconsider their application.
Councilmember Basill stated at the last study session they talked about the Housing
Summit and the goals of the city. At neighborhood association meetings, the neighbors
as a whole were looking for more move-up housing. Property around the area is all
zoned R3 and there are duplexes. Three years ago, the neighborhood association worked
with staff to have the area rezoned, requesting R1 for just single-family homes. That
would have put many properties out of compliance. The neighborhoods were asking that
St. Louis Park City Council Meeting
Item: 030705 - 3a - Council Minutes February 22, 2005
Page 8
there wasn’t an increase of this type of housing. It didn’t have to do with this specific
application or spot zoning, it had to do with a community wide goal. They were able to
provide a lot of duplexes, townhomes, senior homes, but they were short of move-up,
single-family homes. If they had the opportunity to build a single-family home he would
support that and keep it zoned for a single-family home.
Councilmember Omodt commented that he appreciated the applicant’s efforts and
encouraged him to work with the City for other options. The Council approved programs
recently that could help them to realize a slightly different goal for that property. The
issue for him was spot zoning and he also echoed Councilmember Basill’s comments
about move-up housing.
Mr. Schultz asked the City Council to consider changing the zoning for single-family lots
with 50-60 feet. For a larger lot if they were looking for move-up homes, it may be more
advantageous for the City to allow 50-foot lots and grandfather in some lots for two
structures, which would allow more homes.
Mayor Jacobs stated they had talked about that and it was worth more consideration.
It was motioned by Councilmember Basill, seconded by Councilmember Sanger, to adopt
resolution of denial for application of Nathan and Marcy Schultz for Comprehensive
Plan Amendment from Low Density Residential to Medium Density Residential and a
Rezoning from R-2 to R-3 on the property at 4022 Yosemite Avenue South.
The motion passed 6-0.
9. Communications
Mr. Harmening indicated that the Home Remodeling Fair was highly successful and thanked the
staff for their work.
10. Adjournment
The meeting adjourned at 8:45 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
030705 - 4a - TS594 Oxford Street Parking Restrictions
Page 1
4a. Traffic Study No. 594: Motion to adopt the attached resolution authorizing the
installation of “No Parking” restrictions for 30 feet on both sides of the
driveways to 6830, 6850 and 6610 Oxford Street.
Background: Based upon a request by the affected business owner, staff explored the
possibility of installing “No Parking” signs to limit parking for 30 feet on both sides of the
driveways to 6830, 6850 and 6610 Oxford Street. This request was prompted by the business
owner’s difficulty getting semi-trailers in and out of these driveways when cars are parked in the
area in question.
Analysis: City staff observed the area and found that when vehicles are parked within 30 feet of
the driveways in question semi-trailers have a difficult time getting in and out of the parking lots.
This causes conflicts with vehicles traveling along Oxford Street. Semi-trailer trucks will
sometimes “double park” on Oxford to unload their goods, requiring other vehicles to travel in
the opposing lane to get around them.
Currently, there is a similar situation along Oxford Street to the west of Louisiana Avenue South.
Here, parking restrictions are in place for 30 feet on both sides of the driveways to allow large
vehicle traffic to enter and exit those parking lots more easily.
Public Input: A letter was mailed to adjacent property owners in February requesting
comments on the proposed installation of parking restrictions. There were three (3) responses to
that inquiry, and these are summarized in the attachment.
One respondent requested additional parking restrictions for their business’s driveway on the
south side of Oxford Street. The reason cited was to allow vehicles better sight lines and thus be
able to exit the private parking lot more quickly. This is contrary to road regulations which
require vehicles exiting a parking lot to stop before entering a street. Therefore, staff would not
support such an installation at this location.
Another respondent was concerned that removing this parking could cause him to have the same
issues. Staff informed him that if he began to have issues he could apply for similar parking
restrictions.
Recommendation: It is recommended that the City Council adopt the attached resolution
providing for the installation of parking restrictions for 30 feet on both sides of the driveways to
6830, 6850 and 6610 Oxford Street.
Attachments: Summary of resident comments
Map (Supplement)
Resolution
Prepared by: Laura Adler, Engineering Program Coordinator
Reviewed by: Maria A. Hagen, City Engineer
Approved by: Tom Harmening, City Manager
Comments Received Regarding Removal of Permit Parking Restrictions:
St. Louis Park City Council Meeting
030705 - 4a - TS594 Oxford Street Parking Restrictions
Page 2
Name Address Comment
Jeneka 6831 Oxford Street Has no issues with the installation of
the proposed parking restrictions.
Would also like to see restrictions on
either side of her driveway.
Tom Not provided Feels that Methodist employee
parking is an issue in the area
Bill Hasselbring 6606 Oxford Street Concerned that the parking
restrictions may push more parking
to the east, causing conflicts with the
semi-trailers entering and exiting his
property. Also feels that Methodist
employee parking is an issue in the
area.
St. Louis Park City Council Meeting
030705 - 4a - TS594 Oxford Street Parking Restrictions
Page 3
RESOLUTION NO. 05-039
RESOLUTION AUTHORIZING INSTALLATION OF
“NO PARKING” RESTRICTIONS FOR 30 FEET ON BOTH SIDES OF THE
DRIVEWAYS TO 6830, 6850 AND 6610 OXFORD STREET.
TRAFFIC STUDY NO. 594
WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and
has determined that it is in the best interest of the City to install parking restrictions at this
location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Director of Public Works is hereby authorized to install “No Parking” restrictions for
30 feet on either side of the driveways to 6830, 6850 and 6610 Oxford Street.
Reviewed for Administration: Adopted by the City Council March 7, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030705 - 4b - Federal Aid Agency Agmt (MnDOT)
Page 1
4b. Motion to adopt the attached Resolution authorizing the execution of an Agency
Agreement with the Minnesota Department of Transportation providing for the
Commissioner of Transportation to act as the City’s agent in accepting federal
aid funds for transportation-related projects.
Background: In the past, the City has developed and constructed transportation projects that
have been financed either in whole or in part by federal funds. Federal funds have been used on
some of the City’s larger projects and typically provide a substantial portion of the project
funding. Recent examples of this include the Excelsior Blvd. Bridge Widening project over
Highway 100 and the Hutchinson Spur Trail Construction project. The City will continue to
seek and use federal funds on future projects when appropriate.
When using federal funds on City projects, specific rules and procedures must be followed. One
of these rules is that the receipt and disbursement of the funds must be provided by the State
Agency serving that area or type of work being performed. In the case of transportation projects,
the Minnesota Department of Transportation (Mn/DOT) acts as the City’s agent. This is in
accordance with Minnesota State Statute §161.36. When the City advertises, accepts bids,
awards contract, administers the contract and makes payment on federal aid projects, there is a
process and certain requirements to fulfill which is the same for every federal aid project.
Mn/DOT refers to this as the Delegated Contract Process (DCP).
For DCP projects, the duties of the local agency and the state agency are spelled out in an
Agency Agreement. These agency agreements use the same boiler plate language for every
federal aid project. Instead of preparing agreements for every federal aid project the City may
undertake, a single agreement will be used that will cover all future federal aid projects. This is
one of the methods that Mn/DOT is taking to streamline the delivery of transportation projects.
The City Attorney has reviewed this agreement and has no suggestions for changes.
Recommendation: Staff recommends adopting the attached resolution allowing for the
execution of the State Agency Agreement between the Minnesota Department of Transportation
and the City of St. Louis Park.
Attachments: Resolution
Copy of Agreement (Supplemental)
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Maria A. Hagen, City Engineer
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 4b - Federal Aid Agency Agmt (MnDOT)
Page 2
RESOLUTION NO. 05-040
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION PROVIDING FOR
THE COMMISIONER OF TRANSPORTATION TO ACT AS THE CITY’S AGENT IN
ACCEPTING FEDERAL AID FUNDS FOR TRANSPORTATION-RELATED
PROJECTS
BE IT RESOLVED, that pursuant to Minnesota Statute Sec. 161.36, the Commissioner
of Transportation be appointed an Agent of the City of St. Louis Park to accept as its agent,
federal aid funds which may be made available for eligible transportation-related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby
authorized and directed for and on behalf of the City to execute and enter into an agreement with
the Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in “Minnesota Department of Transportation Agency
Agreement No. 84217”, a copy of which said agreement was before the City Council and which
is made a part hereof by reference.
Reviewed for Administration: Adopted by the City Council March 7, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
Page 1
4c. Motion to adopt the attached resolution approving a Blanket Partnership
Agreement with the Minnesota Department of Transportation to perform
certain technical services when requested by the City.
Background: In the course of performing its work, whether it is in construction, maintenance or
engineering, the Public Works Department relies on the expertise of the Minnesota Department
Transportation (Mn/DOT) in certain technical areas. The City has used Mn/DOT to perform technical
services related to materials testing on a number of City construction projects and will continue to do so.
The City also makes use of their services for bridge inspections. There are a number of other areas
where technical services could be provided as well. Last year we used MnDOT on our seal coat project
and paid $250 for their services. The city also used MnDOT on the Hutchinson Spur trail project for
various testing and construction services which cost the City approximately $4,000
Mn/DOT has initiated a Blanket Partnership Agreement program for requesting and delivering technical
services to local agencies. The agreement will allow them to direct the city’s payment to the actual
Mn/DOT office that provides the service. By specifically directing the payment to the appropriate
office, Mn/DOT is able to more adequately fund that particular office and the services they provide, and
to more confidently ensure those services are available in the future.
The City’s process for requesting services, receiving invoices and making payments will essentially
remain the same. Mn/DOT’s rates for services are based on either a lump-sum or actual cost basis for
performance of the work. Their actual costs include: material costs, travel expenses, labor costs ands
equipment costs. There is no mark up for profit. Mn/DOT has always provided services to the city at a
more competitive rate than private companies.
The City Attorney has reviewed this agreement and has no suggestions for changes.
Recommendation: Staff recommends adopting the attached resolution approving the Blanket
Partnership Agreement between the Minnesota Department of Transportation and the City of St. Louis
Park.
Attachments: Resolution
Agreement
Exhibit A, Available Services
Prepared by: Jim Olson, Engineering Project Manager
Reviewed by: Maria A. Hagen, City Engineer
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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RESOLUTION NO. 05-041
RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION OF A BLANKET
PARTNERSHIP AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR CERTAIN TECHNICAL TRANSPORTATION-RELATED
SERVICES
BE IT RESOLVED, that the City of St. Louis Park enters into an agreement with the State of
Minnesota, Department of Transportation, for the following purposes, to wit:
To request that the State perform certain technical, transportation-related services identified in
Exhibit A, “Available Services,” of the agreement. The City will submit a brief written request for
each service in accordance with the terms and conditions set forth and contained in the Partnership
Contract, a copy of which was before the City Council.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized to
execute such agreement and any amendments, and thereby assume for and on behalf of the City all of
the contractual obligations contained therein.
Reviewed for Administration: Adopted by the City Council March 7, 2005
City Manager Mayor
Attest:
City Clerk
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Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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Mn/DOT Contract No. __________
CFMS Contract No. __________
STATE OF MINNESOTA
PARTNERSHIP CONTRACT
This contract is between the State of Minnesota, acting through its Commissioner of
Transportation ("State") and the City of St. Louis Park ("Local Government Unit").
Recitals
Pursuant to Minnesota Statutes §471.59, subdivision 1, two or more governmental units
may enter into an agreement to cooperatively exercise any power common to the
contracting parties, and one of the participating governmental units may exercise one of
its powers on behalf of the other governmental units; and
Pursuant to Minnesota Statutes §174.02, subdivision 6, the Commissioner of
Transportation may enter into agreements with other governmental or non-governmental
entities for research and experimentation, for sharing facilities, equipment, staff, data or
other means of providing transportation related services; or for other cooperative
programs that promote efficiencies in providing governmental services or that further
develop innovation in transportation for the benefit of the citizens of Minnesota; and
The State, through its “Program Support” and “Program Delivery” Groups, offers a
variety of transportation-related technical assistance and support services to other
governmental units on a fee-for-service basis; and
The Local Government Unit desires that the State provide transportation-related technical
assistance and support. The State is willing to provide such support, upon request and
subject to the terms and conditions contained in this contract.
Contract
1. Term of Contract
1.1 Effective date: This contract is effective on the date the State obtains all
required signatures under Minnesota Statutes §16C.05, subdivision 2.
1.2 Expiration date: This contract will expire five years from its effective date,
unless terminated earlier pursuant to Article 10.
1.3 Survival of Terms: The following clauses survive the expiration or cancellation
of this contract: 6. Liability; 7. State Audits; 8. Government Data Practices; and
9. Governing Law, Jurisdiction, and Venue.
2. Duties of the Parties
2.1 The Local Government Unit may request that the State perform any of the services
shown on Exhibit A, “Available Services”. The Local Government unit may also
request that the State perform transportation-related services other than those shown
on Exhibit A.
2.1.1 The Local Government Unit must submit a brief written request for any services
to the State. The request may be in the form of a letter, memorandum or purchase order
and may be transmitted by fax or e-mail. A request may be made via telephone, but will
St. Louis Park City Council Meeting
Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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not be considered accepted unless acknowledged in writing by the State. The request
must include sufficient detail on the scope of work to be performed to afford State the
opportunity to assess the resources necessary to accomplish the work and develop a cost
estimate.
2.2 Upon receipt of a written request from the Local Government Unit, the State will
evaluate the request and promptly inform the Local Government Unit if the State will
perform the work, either as submitted or with modifications. If accepting the work, the
State will identify a project manager for the work to be performed. Any work assignment
accepted by the State pursuant to this contract is subject to all terms and conditions of this
contract.
2.3 After the State accepts a work assignment, the State will promptly perform the work
in a professional manner and in accordance with generally accepted government
standards. If the Local Government Unit deems that the work is not proceeding in a
satisfactory manner, the Local Government Unit will bring such concerns to the State’s
Project Manager in charge of the particular project. The Parties will endeavor to resolve
any disputes concerning work under this contract in the most informal and cost-effective
manner reasonably available.
3. Consideration and Payment
3.1 Payment Basis. The State may, at its option, charge the Local Government Unit
on either a lump-sum or actual cost basis for performance of the work.
3.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed
upon, all work performed by the State will be billed on an actual cost basis. For
work performed upon an actual cost basis, the State will provide a report showing
the actual cost of the services performed by the State under this contract. The
State’s “Actual Cost” will consist of all of the following elements:
(1) The actual cost of any materials provided by the State; and
(2) Travel expenses reasonably and necessarily incurred by the State in the
performance of the work. Such travel expenses will be subject to the limitations
contained in the “Minnesota Department of Transportation Travel Regulations” in
effect at the time the work is performed; and
(3) Labor costs incurred by the State in performance of the work. Such labor costs
will consist of:
(a) The actual hourly wage or salary of State personnel for time spent working
on the project; and
(b) Labor and overhead additive, at a rate to be determined annually by the
appropriate State Financial/Accounting Officer. Labor additive will
include fringe benefits, holiday and vacation pay, and applicable workers
compensation and payroll tax expenses.
(4) Equipment costs incurred by the State in the performance of the work. Such cost
will consist of:
(a) The hourly rental rate of the equipment; and
(b) Fuel and other direct operational costs not included in the equipment
rental rate.
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Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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3.3 Payment
(A) The State will invoice the Local Government Unit upon completion of the services,
or at regular intervals not more than once monthly as agreed upon by the parties:
(B) The Local Government Unit will promptly pay the invoice(s) submitted by the State.
Payment must be remitted to the address below:
Minnesota Department of Transportation
Attn: Cash Accounting
RE: MN/DOT CONTRACT NUMBER (include the “Mn/DOT contract number”
shown on this agreement)
Mailstop 215
395 John Ireland Blvd.
St. Paul, MN 55155
IMPORTANT: THE REMITTANCE MUST INCLUDE THE “Mn/DOT CONTRACT
NUMBER”
4. Authorized Representatives
4.1 State’s Authorized Representative. The State's Authorized Representative for the
administration of this contract is Richard Stehr, Assistant Commissioner or his/her successor.
4.2 Local Government Unit’s Authorized Representative. The Local Government Unit’s
Authorized Representative for the administration of this contract is The Local Government Unit’s
Engineer for technical matters, and the Local Government Unit’s Administrator or Auditor for
financial matters.
5. Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign or transfer any rights or obligations under this
contract without a written Assignment Agreement, executed and approved by the same parties
who executed and approved this contract, or their successors in office.
5.2 Amendments. Any amendment to this contract must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
original contract, or their successors in office.
5.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive
the provision or the State’s right to subsequently enforce it.
5.4 Contract Complete. This contract contains all negotiations and agreements between the State
and the Local Government Unit. No other understanding regarding this contract, whether written
or oral, may be used to bind either party.
6. Liability
Each party will be solely responsible for its own acts and omissions in connection with or related
to this contract. The liability of the State is governed by Minnesota Statutes §3.736 and other
applicable law. The liability of the Local Government Unit is governed by Minnesota Statutes
chapter 466 and other applicable law. Each party will be solely responsible for its own
employees for any workers compensation claims. As any deliverables, including plans and
documents, produced by the State pursuant to this contract may be incorporated into larger
projects of which the State may not be aware, the State expressly disclaims any liability for the
use of such deliverables and the results thereof.
7. State Audits
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Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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Under Minnesota Statutes § 16C.05, subd. 5, the Local Government Unit’s books, records,
documents, and accounting procedures and practices relevant to this contract are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the expiration date of this contract.
8 Government Data Practices
The Local Government Unit and the State must comply with the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties
under this contract. The Act provides, inter alia, disclosure and non-disclosure provision for
various types and classifications of data provided to or by the State or the Local Government
Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to
in this clause by either the Local Government Unit or the State.
9. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for
all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
10. Termination
10.1 Termination by the State. The State may cancel this contract at any time, with or without
cause, upon 30 days’ written notice to the Local Government Unit. Upon termination, the State
will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
10.2 Termination by the State for Insufficient Funding. The State may immediately terminate
this contract if it does not obtain funding from the Minnesota Legislature, or other funding
source; or if funding or staffing levels cannot be continued at a level sufficient to allow for the
provision of the services covered here. Termination must be by written or fax notice to the Local
Government Unit. The State will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the effective date of such termination. The State will not be
liable for any damages sustained by the Local Government Unit as a result of the termination of
this contract by the State.
10.3 Termination by the Local Government Unit for Insufficient Funding. The Local
Government Unit may immediately terminate this contract if it does not obtain funding from its
governing body, or other funding source, or if funding cannot be continued at a level sufficient to
provide for payment for the services covered here. Upon such termination, the State will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the
effective date of such termination.
11. Additional Provisions
11.1 Exhibit A is attached and incorporated into this contract.
11.2 The parties intend that the services provided under this contract will not be construed as
an interchange of employees subject to Minnesota Statutes §15.51, et. seq. If the provision
of the services under this contract is deemed to be subject to Minnesota Statutes §15.51, et.
seq., and any provision in this contract is determined to conflict with such statute, then the
statute will control to the extent of any such conflict.
St. Louis Park City Council Meeting
Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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DEPARTMENT OF TRANSPORTATION
By: _______________________________________________
(with delegated authority)
Title: ______________________________________________
Date: ______________________________________________
LOCAL GOVERNMENT UNIT Mn/DOT CONTRACT MANAGEMENT
The Local Government Unit certifies that the appropriate person(s)
have executed the contract as By:____________________________________________
required by applicable articles, bylaws, resolutions, or ordinances.
By: ________________________________________________ Date:___________________________________________
Title: Mayor
Date: _______________________________________________
By: ________________________________________________
Title: City Manager
Date: _______________________________________________
St. Louis Park City Council Meeting
Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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Exhibit A
Available Services
Following are examples of services available from Mn/DOT pursuant to this agreement, and
other services may be available upon request. Note that this agreement cannot be
used for the construction of joint facilities, nor does it replace the “Municipal Agreement”
process for cooperative construction programs.
Maintenance
• Pavement Striping
Bridge
Construction/Maintenance Services including:
• Bridge load ratings
• Bridge inspections
• Hydraulic data system support/management
Standards, Research and Governance services including:
• Bridge standards and specifications development
• Bridge research
• Bridge construction, maintenance and hydraulic training
Bridge Construction and Maintenance Services including:
• Construction planning and programming
• Construction support
• Steel fabrication services
• Maintenance assistance
Bridge Design Services including:
• Preliminary bridge studies and plans
• Final bridge designs and plans
• Bridge construction estimating
• Hydraulic structure recommendations
• Consultant management
Land Management
• Appraisal Services
• Legal Services
• Eminent domain support
• Legal descriptions
• Geodetic surveying
• Photogrammetric Mapping
• Platting
• Direct Purchase
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Item: 030705 - 4c - Blanket Partnership Agmt (MnDOT)
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Electronic Communications
• Electronic and telecommunications system design, installation and maintenance
services.
Materials
• Pavement condition data
• Materials testing
• Box culvert inspection
• Pre-stress beams for county and city bridges
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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8a. Request by Home Depot for approval of a Minor Amendment to an existing
PUD for a garden center addition at 5800 Cedar Lake Road.
Case No 04-64-PUD
Recommended
Action:
Motion to approve Resolution for a PUD Minor Amendment
for a garden center addition to Home Depot with conditions.
Zoning: C2, General Commercial
Comprehensive Plan Designation: Commercial
Request
Home Depot is requesting approval of a Minor PUD amendment for an approximate 5,764
square foot addition to its store to expand the existing (18,144 s.f.) garden center to the west.
Background
In 1996 the initial Planned Unit Development (PUD) was approved for Park Place Plaza. The
PUD approved a redevelopment of the site for retail uses, and the site now contains a Home
Depot store, Costco, OfficeMax, PetSmart, and a number of small retail and restaurant users.
Over the ensuing years, a number of amendments to the PUD have been approved. Most
recently, approvals were given for Costco’s fueling station (2001) and liquor store expansion
(2002).
This proposed expansion would extend the wall of the garden center 30.5 feet to the west, and
189 feet to the south (5,764 s.f.). Home Depot intends to match the existing garden center
ornamental fence, kneewalls and brick columns.
The expansion would encompass an area that has been used in the past for storage and display of
plant materials, between the building and the stormwater pond. A sidewalk extends along this
side of the building, and it is intended that it would remain as a connection through the shopping
center.
Traffic Concerns
The shopping area experiences much congestion during peak times. This is primarily due to the
limited number of access points and the constraints on the site based on the layout of the
buildings and pond areas. As a part of the fueling station approvals in 2001, Costco completed a
number of traffic and roadway improvements on the site. These improvements have helped, yet
congestion still occurs.
In addressing the concerns, staff met with representatives of Home Depot and Costco recently to
work toward solutions. Costco hired Westwood Engineering to propose traffic improvements
that would help relieve traffic into and out of the site. They are as follows:
Changing the 3-way stop intersection on the main drive aisle at the entrance of Costco
to a 4-way stop intersection. This will improve flow of traffic out of the shopping
center, which has been delayed due to the free flow of traffic entering the site.
Constructing a new right-turn lane from the main shopping center drive aisle into the
Costco site, and constructing another new right turn lane once onto the Costco site
(see attached exhibit).
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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In addition, staff recommends the following additional improvement for the main drive aisle:
All stop signs at the two 4-way intersections are changed to standard sized signs for
better driver recognition.
These improvements are recommended to be implemented as a condition of approval of the
proposed Home Depot garden center addition. They will not completely relieve all of the
congestion on the site, however they will greatly improve traffic flow to and from the stores in
the center.
Parking
Home Depot has ample parking on its site, and typically has excess available spots. Initially
fewer parking spaces were constructed, and the City imposed a requirement that Home Depot
wait two years to build the additional “proof” of parking. Most of it was subsequently built, and
with this addition, parking requirements by the Zoning Code are met (493 spaces on site; 482
required with addition).
Landscaping
A landscape plan was submitted to improve the ponding area adjacent to the proposed garden
center addition. Proposed are 20 additional trees and 15 shrubs. Staff recommends additional
grasses be planted around the edge of the pond to give it a more natural look and feel. Home
Depot should work with the City’s Environmental Coordinator to approve the tree species and
determine appropriate planting materials for the edge of the pond.
Recommendation:
Staff recommends adoption of the attached resolution approving a minor PUD amendment for
Home Depot, subject to conditions in the resolution which includes the requirements relating to
the traffic improvements. The resolution is actually an amendment to the existing resolution
approving the project. The conditions related to this approval are underlined.
Attachments:
Location & Zoning Map
Traffic improvements drawing
Development Plans (supplement)
Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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Recommended improvements for Park Place Plaza
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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RESOLUTION NO. 05-036
Amends and Restates Resolutions 96-89, 96-158, 97-3, 97-39, 98-23,
00-037, 00-133, 01-080, 02-072
A RESOLUTION AMENDING RESOLUTION NO. 02-072 APPROVED ON
JULY 15, 2002 AMENDING A FINAL PLANNED UNIT DEVELOPMENT (PUD)
UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT,
LOCATED AT 5600, 5640, 5680, 5700, 5800 and 5900 CEDAR LAKE ROAD; AND
1620, 1650, 1690 AND 1700 PARK PLACE BOULEVARD; AND
5601, 5699 AND 5799 WEST 16TH STREET AND1625 ZARTHAN AVENUE
(TOTAL SITE FORMERLY KNOWN AS 1625 ZARTHAN AVENUE)
MINOR AMENDMENT FOR EXPANSION OF EXISTING
HOME DEPOT GARDEN CENTER
WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in
excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in
the C-2 Commercial Zoning District, and
WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary
PUD on March 18, 1996, and
WHEREAS, the City staff were informed on April 12, 1996 that certain environmental
remediation would be necessary and such remediation would affect the timing process of
demolition of the existing building and resulted in the need to amend the conditions of
preliminary approval, and
WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No.
96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996,
and
WHEREAS, a complete application for a Final Planned Unit Development (PUD) was
received on April 26, 1996, and
WHEREAS, the Planning Commission reviewed the Final PUD application at the
meeting of May 1, 1996, and
WHEREAS, the Planning Commission recommended approval of the Final PUD subject
to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative
and one member voting against, and
WHEREAS, the City Council received an overview from City staff and the City Attorney
of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and
WHEREAS, the applicant and current and prospective property owners have entered into
a development agreement, supplemental development agreements, sidewalk easements
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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agreement, reciprocal easement and operation agreement, and a reversion agreement, which
agreement nullifies and voids without any further action required on the part of the City Council
the preliminary and final approval if certain conditions are not met, and
WHEREAS, on March 3, 1997 Franchise Associates, Inc. (current owner of 1690 Park
Place Boulevard) and Ryan Construction Company of Minnesota, Inc. as developer and with the
consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a
minor amendment to the approved Final PUD to allow the use of neon on the building at 1690
Park Place Boulevard and to revise the Landscape Plan for 1625 Zarthan Avenue and 5600, 5640
and 5680 Cedar Lake Road, and
WHEREAS, certain amendments to the approved Final PUD have been approved by the
City Council on 10/22/96 (Res. 96-158) and 1/6/97 (Res 97-3), and 3/17/97 (Res 97-39), and
WHEREAS, on December 11, 1997 Office Max (current owner of 5600 Cedar Lake
Road) and Ryan Construction Company of Minnesota, Inc. as developer and with the consent of
Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor
amendment to the approved Final PUD to allow the placement of a new 12.8 s.f. flat wall
identification sign on the east face of the building at 5600 Cedar Lake Road.
WHEREAS, on February 22, 2000 Costco Wholesale and Ryan Companies US, Inc as
developer with the consent of Honeywell, Inc. submitted an application for a major amendment
to the approved Final PUD to allow the construction of a 139,444 square foot wholesale, retail
and tire service facility at 5801 West 16th Street.
WHEREAS, on October 23, 2000 Costco Wholesale and Ryan Companies US, Inc. as
developer with the consent of Honeywell, inc. submitted a minor amendment to the approved
Final PUD to allow changes to the traffic improvements at 16th Street and the main access into
the site.
WHEREAS, the City Council adopted Resolution No. 01-133 on November 6, 2000
approving a minor amendment to the approved Final PUD to allow changes to the traffic
improvements at 16th Street and the main access into the site, and
WHEREAS, on April 16, 2001, Costco Wholesale filed an application seeking a major
amendment to the approved Planned Unit Development for Park Place Plaza to construct a
fueling facility on Lot 9, and
WHEREAS, on June 20, 2001, the Planning Commission held a public hearing, received
testimony from the public, reviewed the application, and on a vote of 4-0 moved that the
Planning Commission deny the proposed major amendment to the PUD, and
WHEREAS, on July 16, 2001, the City Council considered the request for a major
amendment, and on a vote of 7-0 moved to continue to the request, and
WHEREAS, the City Council adopted Resolution No. 01-080 on August 20, 2001
approving a major amendment to the approved Planned Unit Development for Park Place Plaza
to construct a fueling facility on Lot 9, and
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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WHEREAS, on June 7, 2002, Costco Wholesale filed an application seeking a minor
amendment to the approved Planned Unit Development for Park Place Plaza to construct a
wholesale liquor addition on Lot 1, and
WHEREAS, on December 2, 2004, Home Depot USA, Inc. filed an application seeking a
minor amendment to the approved Planned Unit Development for Park Place Plaza to construct
an addition of 5, 764 square feet to the existing garden center on Lot 2, Block 1, Park Place
Plaza.
NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis
Park:
A. Recitals
The recitals set forth above are incorporated herein and made part of this resolution.
B. Findings
1. Ryan Construction Company of Minnesota, Inc., as developer with the consent of the
property owner Honeywell, Inc., has made application to the City Council for approval of a Final
Planned Unit Development (“Final PUD”) within the C-2 General Commercial Zoning District
under Section 14:6-7 of the St. Louis Park Ordinance for property formerly known as 1625
Zarthan Avenue for the legal description as follows, to-wit:
Lots 1-9 and Outlots A, B and C; Block 1, Park Place Plaza (Torrens)
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 95-51-PUD) and the effect of the proposed Final PUD and amendments
thereto on the health, safety and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect
of the use on the Comprehensive Plan, with specific consideration given to the Plan By
Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the
Zoning Ordinance.
3. The City Council has determined that approval of a Final PUD and the proposed amendments
thereto will not be detrimental to the health, safety, or general welfare of the community nor with
certain contemplated traffic improvements will it cause serious traffic congestion nor hazards,
nor will it seriously depreciate surrounding property values. The Council has also determined
that the proposed Final PUD and amendments thereto are in harmony with the general
provisions, purpose and intent of the City’s Zoning Ordinance and its Comprehensive Plan and
that the requested modifications comply with the requirements of Section 14:6-7.2(E).
4. The contents of Planning Case Files 95-51-PUD, 02-38-PUD, and 04-70-PUD are hereby
entered into and made part of the public hearing record and the record of decision for this case.
C. Conditions and Approval
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030705 - 8a - Home Depot Minor PUD Amendment
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A Final PUD at the location described in paragraph 1 of the above findings is approved based on
the recitals and the findings set forth above, the Approved Final Plans, and subject to the
following conditions:
1. Issuance of demolition and erosion control permits shall be subject to the following
conditions as required in the Environmental Assessment Worksheet (EAW) Resolution
and subsequently modified on March 18, 1996 and May 6, 1996 as follows:
a. Demolition, hauling and construction activities shall be limited to the hours
between 7:00 a.m. and 4:00 p.m. on weekdays and 9:00 a.m. and 4:00 p.m. on
weekends and holidays.
b. Trucks and construction equipment shall be prohibited from using Zarthan
Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site
from 16th Street and Park Place Boulevard only.
c. During demolition of the existing building, the western wall of the building shall
be left intact as a sound barrier for as long as practicable.
d. Use of explosives shall be prohibited.
e. All demolition and construction equipment shall utilize state of the art muffler
systems.
f. On-site crushing and recycling operations shall be located as far from existing
residential land uses as practicable.
2. Approval of the Preliminary and Final Planned Unit Development and Plat shall be
subject to the following conditions as required in the EAW Resolution and subsequently
modified on March 18, 1996 and by this resolution as follows:
a. Installation of all roadway improvements associated with anticipated traffic from
the proposed use and dedication of public right-of-way to accommodate public
infrastructure.
b. Adjustments to existing traffic lights, street lights and other utilities.
c. Installation of sidewalks along the length of Cedar Lake Road, Park Place
Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and
connecting to public plaza areas within the site.
d. Dedication of drainage and utility easements to a depth of 10 feet back from
planned right-of-way and execution of a sidewalks easement agreement. Such
sidewalk easements shall extend 1 foot beyond required perimeter sidewalks.
e. Installation of on-site directional signs to I-394 and Highway 100 to prevent
unnecessary traffic in residential neighborhoods.
f. Delivery and garbage service trucks shall be prohibited from using Zarthan
Avenue between Cedar Lake Road and 16th Street and shall be limited to
servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays
and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery
and garbage trucks shall be prohibited from idling on site during nighttime hours
as defined by Section 11-507(3)(a).
g. Overnight parking of vehicles, semi-trailers, refrigeration units and the like shall
be prohibited unless parked wholly within any of the enclosed loading dock bays.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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h. Openings of rooftop fans and air circulation equipment shall be required to face
away from residential neighborhoods and all exhaust openings except bathroom
fans shall be prohibited on exterior walls facing residential neighborhoods. In the
event bathroom fan exhausts exceed the maximum nighttime allowable noise
limits, operation of these fans shall be terminated until compliance with the City
of St. Louis Park Noise Ordinance is achieved.
i Compliance with ordinance provisions relating to exterior lighting and prevention
of unnecessary nighttime site lighting.
j. Compliance with all applicable City ordinance provisions shall be required unless
modifications are specifically authorized by this Final Planned Unit Development
approval or by more stringent requirements of the development agreement or
supplemental development agreements.
3. The following modifications to ordinance requirements are authorized as part of this
Final PUD approval:
a. Bufferyards are not required between drive through facilities and adjacent
properties that are part of the Final PUD.
b. The temporary hoop structures associated with Home Depot’s “Garden Center”
outdoor sales area are not required to be architecturally integrated with the
principal building (utilize same building materials) provided masonry walls
surrounding the outdoor sales area are provided as shown on the Approved Final
Plans.
c. A Bufferyard “D” may be substituted for the required Bufferyard “F” between the
truck circulation and loading areas for the Retail/Service/Restaurant building on
Lot 5 and Park Place Boulevard.
d. Buildings are not required to utilize at least 60% brick or other natural stone on
each building face but are approved with percentages of brick and other materials
as shown on the Approved Final Plans.
e. Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on
each facade and are approved with the percentages of accent colors shown on
colored elevations “stamped” as received by the City on March 15, 1996 and on
April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans).
f. The area of all wall signs may exceed 7% of the building wall area but may not
exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the
Approved Final Plans shall be revised to reduce cumulative wall signage by at
least 37 square feet in accordance with the Preliminary PUD approval.
g. Individual wall signs may exceed 150 square feet but may not exceed the
individual wall sign areas shown on the Approved Final Plans.
h. Two free standing “off-premise signs”, advertising uses on properties within the
PUD only, are allowed as shown on the Approved Final Plans. Such signs are
denoted on the Approved Final Plans as “Center Pylon Signs” and also as
“Monument Signs”. Such signs may also be referenced as “Project Identification
Signs” or “Tenant Identification Signs”.
i. The maximum size of the “Center Pylon Sign” faces may exceed 300 square feet
and may be 320 square feet each as shown on the Approved Final Plans.
j. The maximum total sign area of the “Center Pylon Signs” may exceed 400 square
feet and may be 1,280 square feet as shown on the Approved Final Plans.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
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k. One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet
in width and identifying only the name of the Shopping Center may be placed in
Outlot A as shown on the Approved Final Plans. Such sign shall include seating
on one side, shall be faced primarily with brick, and shall not be counted toward
the total approved sign areas.
l. Exterior lighting spillover may exceed 1.0 footcandle at property lines that abut
other properties within the Final PUD but may not exceed ordinance restrictions
at property lines that abut properties that are not within the PUD.
m. The Bufferyard “D”s separating the in-vehicle sales and service uses (drive-
throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place
Boulevard are not required to include a minimum of 95 plant units per 100 linear
feet and may include a total of 225 fewer plant units than required as shown on
the Approved Final Plans.
n. Certain canopy trees may be installed at sizes less than 2-1/2” caliper as shown on
the Approved Final Plans and such trees shall be given full plant unit credits.
o. Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown
on the Approved Final Plans and such trees shall be given full plant unit credits.
4. The site shall be developed, used and maintained in accordance with the Approved Final
Plans, which are incorporated herein as Exhibits P1, P2, S1, S2, C1, C2, C3, L1, L2, L3,
L4, L5, A1, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8,
A9, F1, F2, F3, F4, F5, F6 (“Park Place Plaza” Monument Sign Detail), B1, B2 and B3,
and the following conditions:
a. MPCA approval of the remediation plan relating to environmental contamination
on the site and conformance with the conditions of the approved remediation plan.
b. Final PUD approval is contingent upon the developer and current/prospective
property owners, including Home Depot, signing the required agreements and
conforming with all provisions of the executed special assessment agreements for
construction of required off-site improvements, executed development agreement
and executed supplemental development agreements that cover all on-site
improvements within the PUD in accordance with Section 14:6-7.5(F), executed
sidewalk easements agreement, executed reciprocal easements and operation
agreement, and the executed reversion agreement. Wherever there is a conflict
between the requirements of any of said documents, City Code, and/or this
resolution, the more stringent requirements shall apply.
c. The type and colors of all exterior building materials (including building facades,
canopies, screen walls, fences, trash enclosures, and permanent exterior signage)
throughout the Final PUD must match those adopted as part of the Approved
Final Plans, and no exterior building materials other than doors may be surface
painted (this requirement does not prohibit the use of standing seam metal with a
baked enamel finish, as approved). Said doors shall be painted to match the
approved brick or rock face block color. All exterior building materials must be
maintained in an aesthetic manner as determined in the sole discretion of the City.
d. Wherever brick is denoted on the Approved Final Plans, a full 4” thick face brick
must be applied in a masonry technique except that an alternative brick
application, face brick cast in structural panels, is specifically approved for the
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 10
Home Depot building on Lot 2. The alternative brick application for Lot 2 must
match the color, texture and visual aesthetics of the brick used throughout the
remainder of the PUD.
e. Permanent exterior signage is limited to that shown on the Approved Final Plans.
Additional window signage, temporary banners and the like are restricted in
accordance with the terms of the “Maintenance and Operational Restrictions”
Exhibit of the development agreement and supplemental development
agreements.
f. All light poles must be included within curbed areas.
g. All rooftop equipment must be screened from ground level view using parapet
walls and all rooftop equipment must be painted to match the color of the rooftop
to ensure that it is minimally visible from nearby office towers.
h. Prior to issuance of any building permits, the developer must reimburse the City
for all costs incurred by the City in connection with processing the applicant’s
PUD, and preparation and implementation of the development agreements and
associated agreements.
i. In lieu of meeting certain bufferyard requirements as waived in Paragraph 3l
above, the developer shall donate 225 plant units to the City in the form of twenty
2-1/2” canopy trees by June 1, 1997 for use on nearby lands to provide screening
of the project.
j. The subsequent phase of the PUD is approved in concept only as including
110,000 square feet of gross retail building area, 495 parking spaces and 55 proof
of parking spaces on Lot 1. The details of the subsequent phase shall be reviewed
as a minor amendment to the approved Final PUD, unless additional off-site
impacts or modifications to Code or PUD requirements are anticipated, in which
case, the details of the subsequent phase shall be reviewed as a major amendment.
In either case, the City Council reserves the right to hold a public hearing
regarding the subsequent phase. The subsequent phase shall require amendment
to the development agreement and/or supplemental development agreement for
Lot 1.
k. No administrative subdivision of any property within the PUD shall be granted
due to the interrelatedness of the PUD, plat, and Approved Final Plans.
l. The developer and/or property owner shall dedicate, at no expense to the City,
any right -of-way which may be necessary and required in the future to facilitate
improvements at the intersection of 16th Street and Zarthan Avenue and/or to
provide access from Cedar Lake Road into the PUD. Developer and/or property
owner shall be responsible for the costs associated with these potential future
improvements based upon the benefit to the project and/or the demands the
project has placed on the roadway system. Any such improvements would
require a major amendment to the Approved Final Plans for the PUD
m. The developer and/or owner shall obtain all necessary permits to complete any
further required environmental remediation of the site and undertake said
remediation pursuant to local, state and federal regulations, as applicable.
n. The developer shall receive all other necessary permits and approvals from the
City including, but not limited to sanitary sewer, water tapping permit, demolition
permit, building permits, and erosion control permit.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 11
o. The developer shall obtain approval by the Minnehaha Creek Watershed District
as well as any other approvals required by state and federal agencies, including
the required Indirect Source Permit, and the developer shall comply with all
conditions of said approvals and permits.
p. The Final Plat shall be submitted to the County for recording prior to initiating
any site work relating to construction of the PUD project; evidence of filing of
the final plat or other assurances pertaining to required easements shall be
presented to the City prior to issuance of any permits other than demolition and
associated temporary noise permits.
q. The Preliminary and Final Plat are inherent components of the Preliminary and
Final PUD approvals and are subject to the conditions of Preliminary and Final
PUD approval and the Approved Final Plans. Access to the platted properties
shall be limited to the means provided in the Approved Final Plans.
r. No certificate of occupancy for any building in the PUD shall be issued until all
the circulation drives and internal sidewalks throughout the PUD and all the
improvements, other than landscaping and wear coat of asphalt, for that building’s
lot, have been installed and accepted by the City. All landscaping on the lot shall
be completed within one (1) year from the date the certificate of occupancy is
issued.
s. The general public shall have the right to utilize the internal sidewalks for
pedestrian access, including walking bicycles, through the PUD property and for
access to the outdoor seating plaza, which shall remain available to the general
public in perpetuity for passive recreational use that is not disruptive to the
operation of the shopping center. No provision of the reciprocal easement and
operations agreement shall be interpreted as overriding this requirement.
t. The Approved Final Plan Exhibits may be revised to include a 4,450 square feet
Arby’s restaurant on Lot 4 in accordance with the plans reviewed by the Planning
Commission on May 1, 1996, and further revised as follows: to clarify building
materials; to ensure that building materials match materials used throughout the
remainder of the development; and to reduce the width of the metal door on the
rear elevation to a maximum of 8 feet.
u. The obligations and conditions herein imposed on the developer by this Final PUD
shall also apply to any property owner, successor or assign.
v. The City may enforce any provision of this resolution in the same manner as
provided for a violation of the City’s Zoning Ordinance and/or as provided in the
development agreement or supplemental development agreements.
5. The Final PUD shall be amended on October 22, 1996 to incorporate all of the preceding
conditions and add the following condition:
a. The height of the future Retail 1 tenant space at 5680 Cedar Lake Road may be
reduced from 30’8” to not less than 20’0”.
6. The Final PUD shall be amended on January 6, 1997 to incorporate all of the preceding
conditions and add the following condition:
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 12
a. The rear door configuration in the tenant space on the south end of the 1650 Park
Place Boulevard building (Bruegger’s Bagels) is revised in accordance with
Exhibit A5.1 - Exterior Elevations dated 12-23-96
7. The Final PUD shall be amended on March 17, 1997 to incorporate all of the preceding
conditions and add the following conditions:
a. The building at 1690 Park Place Boulevard (Arby’s) may utilize neon lighting in
accordance with Exhibits A4.1, A4.2 and A4.3, Arby’s Exterior Elevations
provided said exhibit and assent form are signed by Franchise Associates, Inc.
b. The Landscape Plan may be revised in accordance with Exhibit L.1, Landscape
Plan revised 2/28/97 and stamped received 3/3/97 provided the following
conditions are met.
i) a revised Grading Plan that accurately reflects the proposed retention of
existing berms shall be submitted and approved by the City Engineer and
Zoning Administrator. The Zoning Administrator shall ensure that the
plan meets requirements relating to minimum berm heights adjacent to
truck circulation areas.
ii) Prior to implementing the changes, Ryan Construction Company, Inc. and
the current fee owner of 1625 Zarthan Avenue must sign the Assent form
and revised exhibits.
8. The Final PUD shall be amended on January 5, 1998 to incorporate all of the preceding
conditions and add the following conditions:
a. An Office-Max sign may be installed on the east facade of the building located at
5600 Cedar Lake Road (Office-Max) in the location shown on the Exhibit A3.1
Elevation.
b. Prior to issuance of a sign permit, Ryan Construction Company, Inc. and Office
Max must sign the Assent Form and revised exhibit.
9. The Final PUD shall be amended on April 3, 2000 to incorporate all of the preceding
conditions, find no need for a new EAW, and add the following conditions:
a. The Costco site (Lots 1 and 8) shall be developed, used and maintained in
accordance with the official exhibits, which shall be amended to address the
following conditions: (Amended on July 15, 2002 by Condition 12.a.)
i) The plans shall be amended as determined necessary by the Director of
Public Works to show dedication of right-of-way near 16th/Zarthan as
anticipated in the original development agreement sketch. Landscape
plans shall be amended as necessary and approved by the Zoning
Administrator to accommodate future improvements to this intersection
while preserving existing berming/screening to the extent feasible.
ii) The plans shall be amended to include proof of parking in excess of
minimum requirements as approved by the Zoning Administrator. If
excess proof of parking is shown, details of the proposed curb cuts and
effects on existing landscaping shall be submitted and approved by the
Zoning Administrator.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 13
iii) Elevation drawings shall be amended to show screen wall heights of 12
feet as measured from the main service drive elevation unless evidence is
approved by the Zoning Administrator that the proposed heights will
adequately screen service vehicles.
iv) Elevation drawings and sign details shall be amended to comply with
ordinance requirements unless a variance for proposed signage has been
approved.
b. Prior to beginning any site work, the following conditions shall be met:
i) a copy of the required Watershed District permit shall be submitted to the
City.
ii) an erosion and sediment control plan shall be submitted and approved by
Public Works.
iii) a letter from the MPCA shall confirm no need for a new ISP based upon
the final traffic study by SRF.
iv) The official exhibits and assent form shall be signed by the applicant,
owner, and City.
c. Costco shall adhere to the restrictions on construction times and routes as
included in the final PUD approval for Park Place Plaza except that additional
restrictions may be imposed as necessary to prevent conflicts with customers
during peak restaurant times.
d. Costco shall adhere to restrictions on temporary signage as included in the Final
PUD approval for Park Place Plaza.
e. Prior to issuance of a building permit, which may impose additional restrictions,
the following conditions shall be met:
i) The development agreement shall be amended and executed and shall
address, at a minimum, land dedication, design, construction, financial
sureties for on- and off-site improvements, and maintenance.
ii) A revised light distribution plan, landscape irrigation plan, and all building
material samples and colors shall be submitted and approved by the
Zoning Administrator.
f. Prior to issuance of an Occupancy Permit, the following conditions shall be met:
i) the required traffic improvements at 16th Street and the main access drive,
including installation of a traffic signal paid for by the applicant, shall be
complete and operational; the applicant shall also pay its share of a traffic
signal at 16th and Zarthan, which may be installed at a later date.
ii) the entire PUD site shall be found to be in compliance with the conditions
of final PUD approval, or a Letter of Credit shall be submitted in the
amount of 125% of the cost of any outstanding improvements, including
but not limited to completion of improvements near the intersection of
Park Place Boulevard and 16th Street, public transit improvements on 16th
Street as approved by Metro Transit, and all conditions of the final PUD
resolution and executed development agreement.
g. Costco shall adhere to restrictions on delivery and garbage service hours and
routes as included in the final PUD approval for Park Place Plaza except that
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 14
additional restrictions on garbage service may be imposed on Costco as necessary
to prevent conflicts with customers during peak restaurant hours.
h. All sidewalks throughout the PUD site shall be maintained in a clear, walkable
condition at all times during which one or more buildings within the PUD are
open to the public.
10. The Final PUD shall be amended on November 6, 2000 to incorporate all of the
preceding conditions and add the following condition:
a. Temporary Certificate of Occupancy may be issued prior to the signal at 16th and
the main access drive being operational provided Costco installs a stop sign at the
exit to 16th Street and employs off-duty police officers to direct traffic from the
date of opening until such time as the traffic signal is operational or the City
agrees it is no longer necessary.
11. The final PUD shall be amended on August 20, 2001 to incorporate all of the preceding
conditions and add the following conditions:
a. The Costco fueling facility site (Lot 9) shall be developed, used and maintained in
accordance with the official exhibits which shall be amended to address condition
11.f.iv. Previously approved official exhibits for Lots 1, 2 and 8 shall be
amended to include traffic improvements noted in condition 11.g.
b. Costco shall adhere to the Fire Department’s requirements for the fueling facility
including:
i) An employee must be available on-site while the fueling station is open.
ii) A key-actuated manual reset switch shall be installed inside the attendant
building.
iii) A fire department access key box shall be installed on the exterior of the
attendant building.
iv) Instructions shall be provided in English and Spanish.
v) Spill control equipment and supplies to contain and dispose of a 30-gallon
(150% of customer limit) fuel spill. Include storm drain covers, absorbent
materials, containers and tools. Protective clothing and equipment to be
provided for trained attendants.
vi) Dispensing nozzles shall be UL 842 listed.
vii) One 40-B:C fire extinguisher shall be located outside the attendant
building with a cabinet tamper switch to automatically activate emergency
shut-off controls.
c. Prior to beginning any site work, the following conditions shall be met:
i) A copy of the required Watershed District permit or letter from the
Watershed District indicating no need for a permit shall be submitted to
the City.
ii) An erosion and sediment control plan shall be submitted and approved by
Public Works.
iii) The MPCA shall confirm that an ISP amendment is not necessary.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 15
d. Costco shall adhere to the restrictions on construction times and routes as
included in the final PUD approval for Park Place Plaza except that additional
restrictions may be imposed as necessary to prevent conflicts with customers
during peak restaurant times.
e. Costco shall adhere to restrictions on temporary signage as included in the Final
PUD approval for Park Place Plaza.
f. Prior to issuance of a building permit, which may impose additional restrictions,
the following conditions shall be met:
i) The development agreement shall be amended and executed and shall
address, at a minimum, design, construction, financial sureties for on-site
improvements, including a letter of credit for 125% of the required
internal traffic improvements, and maintenance.
ii) A dimensional signage plan, landscape irrigation plan, and all building
material samples and colors shall be submitted and approved by the
Zoning Administrator.
iii) All lights shall be completely recessed in the canopy.
iv) Revised site and landscaping plans shall be submitted to and approved by
the Zoning Supervisor showing the curb locations around the gasoline
storage tanks and the reduced landscaping island.
g. Prior to issuance of a permanent Occupancy Permit for the Costco warehouse
facility or temporary Occupancy permit for the fueling facility, the entire PUD
site shall be found to be in compliance with the conditions of final PUD approval,
the applicant shall implement traffic improvements recommended by SRF for the
internal Costco warehouse intersection and eliminate three internal access points
to Home Depot as shown on TD & A Layout 3, and shall change the sign at the
16th Street customer entrance to direct service vehicles to the 16th Street service
drive.
h. Service trucks shall use the service entrance on 16th Street and shall be prohibited
from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be
limited to servicing the fueling facility between the hours of 7:00 a.m. and 10:00
p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays and as
recommended by the traffic study.
i. Violation of any condition of PUD approval, including these amendments, shall
result in a fine of $750 per day.
12. The final PUD shall be amended (Case No. 02-38-PUD) on July 15, 2002 to incorporate
all of the preceding conditions and add the following conditions:
a. The Costco warehouse building site (Lot 1) shall be developed, used and
maintained in accordance with the official exhibits, which shall be amended as
approved by the Zoning Administrator to provide an accessible sidewalk and
convenient stair location. (Amends Condition 9.a.).
b. Prior to issuance of a building permit, which may impose additional conditions,
the following conditions shall be met:
i) the official exhibits and assent form shall be signed by the
applicant/owners.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 16
ii) the development agreement shall be amended if necessary, as determined
by the City Attorney.
iii) an additional letter of credit shall be submitted for 125% of the cost of the
site improvements.
iv) building material samples and colors shall be submitted and approved by
the Zoning Administrator.
c. Costco shall adhere to the restrictions on construction times and routes as
included in the final PUD approval for Park Place Plaza except that additional
restrictions may be imposed as necessary to prevent conflicts with customers
during peak restaurant times.
d. Prior to issuance of an occupancy permit for the liquor store addition, the
applicant shall submit an electronic file and print and reproducible copy of the
plat and as-built drawings for the PUD site. In the event that any signal arms are
found to be on private property, appropriate easements shall be recorded against
the private property.
e. Violation of any condition of PUD approval, including these amendments, shall
result in a fine of $750 per day.
13. The final PUD shall be amended (Case No. 04-70-PUD) on March 7, 2005 to incorporate
all of the preceding conditions and add the following conditions:
a. The Home Depot garden center 5,764 square foot addition shall be developed,
used and maintained in accordance with the official exhibits.
b. The following traffic improvements are shown on official exhibits and
implemented:
i. The 3-way stop intersection on the main drive aisle at the entrance of
Costco is changed to a 4-way stop intersection. All stop signs at this
intersection are changed to standard sized signs.
ii. A new right-turn lane from the main drive aisle into Costco is constructed,
and a new right turn lane (directing traffic north) is also constructed.
iii. Stop signs at the eastern 4-way stop of the main drive aisle are changed to
standard sized sign for better driver recognition.
c. Landscaping shall be installed according to the submitted landscape plan, with
additional tall grass plantings along the banks of storm pond #1. All materials
must be approved by the City’s Environmental Coordinator.
d. Bike racks in the area must be moved and/or replaced in another location on the
Home Depot site.
e. No outdoor storage is allowed; outdoor merchandise is allowed on sidewalk areas
only, in accordance with the City’s Zoning Ordinance.
f. Home Depot must repair or replace the sidewalk if damage occurs during
construction of the garden center addition.
g. All requirements of the City Engineer must be met.
h. Prior to issuance of a building permit, which may impose additional conditions,
the following conditions shall be met:
i) The official exhibits and assent form shall be signed by the
applicant/owners.
ii) The development agreement shall be amended if necessary, as determined
by the City Attorney.
St. Louis Park City Council Meeting
030705 - 8a - Home Depot Minor PUD Amendment
Page 17
iii) An additional letter of credit shall be submitted for 125% of the cost of the
site improvements.
Reviewed for Administration: Adopted by the City Council March 7, 2005
City Manager Mayor
Attest:
City Clerk
Res-ord/2004/04-70-PUD
St. Louis Park City Council Meeting
030705 - 8b - Housing Goals
Page 1
8b. Housing Summit Goals
Recommended
Action:
Motion to approve Housing Goals as developed through the St.
Louis Park Housing Summit and proceed with next steps for
implementation.
Background:
At the February 14, 2005 Study Session Council members discussed the Housing Goals drafted
by the Housing Summit. The goals being recommended for Council approval reflect the
discussion at the February 14, 2005 Study Session.
Over a twenty-two month period policy makers and residents participated in an in-depth
exploration of current and future housing issues related to the community which is culminating
with approval of the City’s Housing Goals. Following approval of the goals, staff will prepare a
final bound document which will encapsulate all of the work undertaken over the last two years.
This will include the approved goals.
Recommended Housing Goals:
The final meeting of the Housing Summit was conducted on January 31, 2005. At this meeting
public input from ten community focus groups, a Moving Survey and a Housing Survey was
reviewed and discussed by Housing Summit participants. Based on the drafted housing goals,
public input, and Council discussions the following goals are being recommended for approval
by the Council.
Housing Production
Promote & facilitate a balanced and sustainable housing stock to meet diverse needs both
today & in future
The City should establish target numbers of units by housing types needed to ensure life
cycle housing options, with housing types disbursed throughout the city.
The City acknowledges that there is demand for different types and sizes of housing units,
but due to limitations of available space and other resources, all demands cannot be fully
satisfied. At the present time, the greatest deficit and need is for the creation and
maintenance of detached, owner-occupied single family housing which are large enough to
accommodate families. City housing efforts and resources should primarily address this
need.
Housing Condition and Preservation
Ensure housing is safe and well maintained.
Preserve and enhance housing quality through proactive promotional and educational
activities and housing programs related to home rehab, code, and design and safety issues.
St. Louis Park City Council Meeting
030705 - 8b - Housing Goals
Page 2
Owner / Rental Ratio
The ratio of owner/rental housing should be approximately 60% owner occupied and 40%
rental.
Explore traditional and non-traditional owner occupied housing options such as, but not
limited to: row houses, courtyard housing, alternative housing, cluster housing, hi-rises, 3-
story homes, multi-generational housing, etc.
Affordable, Workforce and Supportive Housing
Promote and facilitate a mix of housing types, prices and rents that maintains a balance of
affordable housing for low and moderate income households. Future affordability goals with
the Met Council should be negotiated to reflect the average percentages for other first ring
suburbs in Hennepin County.
Note: In 2004, the City’s negotiated goal for housing affordability with the Met
Council was that 60-77% of the city’s owner occupied homes should be affordable
for households with incomes at or below 80% of the area median income and that 37-
41% of the city’s rental homes should be affordable for households with incomes at
or below 50% of the area median income.
Mixed income units should be disbursed throughout the City and not concentrated in any one
area of the City or any one development.
Large Homes for Families
Promote and facilitate expansion of existing homes through remodeling which adds more
bedrooms and more bathrooms, 2+ car garages and other amenities.
Promote and facilitate construction of large family-size homes with more bedrooms and more
bathrooms, (e.g. minimum 3+ bedrooms and 2+ bathrooms, 2+ car garage and additional
amenities such as den/fourth bedroom or porch or superior architecture) suitable for families
with children.
Senior Housing
Promote and facilitate more housing options for seniors.
Land Use
Planning Goals:
• Use infill and redevelopment opportunities to help meet housing goals.
• Promote higher density housing near transit corridors & employment centers.
• Encourage housing density in commercial mixed use districts.
St. Louis Park City Council Meeting
030705 - 8b - Housing Goals
Page 3
Explore and, if appropriate promote ordinances to allow development of non-traditional
housing types and increased density in single family neighborhood that is compatible with
surrounding neighborhood.
Explore and promote reclassification of non-residential properties and designate for housing
and other purposes.
Next Steps:
Upon Council approval of the goals, the next steps will include:
• Public Hearing at Planning Commission to amend the Housing Chapter of the
Comprehensive Plan updating housing data and goals.
• Council Resolution to approve Comprehensive Plan Amendment.
• Met Council review of proposed amendment.
• Further development and Council review of strategies and initiatives to address goals.
Prepared By: Kathy Larsen, Housing Programs Coordinator
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 8c - 1st Rdg Zoning floodplain storage
Page 1
8c. Request of Emad Abed for a text amendment to Section 36-292 (f) of St. Louis
Park Ordinance Code (Zoning) relating to the floodplain overlay district to
delete the requirement that compensating storage (required when there is fill in a
floodplain) be provided outside of the floodplain boundary.
Case Nos. 05-04-ZA
Recommended
Action:
Motion to approve first reading of text amendments to Section
36-292 of the Ordinance Code (zoning) as recommended by staff
and Planning Commission and set second reading for March 21,
2005.
Background:
The applicant for this amendment is the owner of property at 7200 and 7250 Excelsior
Boulevard. The same applicant is applying for Comprehensive Plan and zoning map
amendments in order to construct a multi-story condominium on those properties. Under the
current code requirements, the parcels are unbuildable. If the Council adopts this amendment it
will apply to other properties within St. Louis Park, and change the way compensating storage
would be calculated
Federal and State regulations require cities to regulate floodplains. Floodplains are defined as
flood hazard areas along water bodies or low areas that are subject to periodic inundation during
storm events that produce heavy rains. The Federal Emergency Management Agency (FEMA)
and Minnesota Department of Natural Resources (DNR) are the responsible regulatory bodies
involved. In addition, the Minnehaha Creek Watershed District also requires permits relative to
stormwater storage.
Required regulation includes the establishment of floodplain districts, permitted uses, conditional
uses, flood protection for structures, and maintenance of floodplain areas. The DNR has created
model ordinances that cities can adopt, and many cities adopt these verbatim. Historically, St.
Louis Park has been more conservative in its requirements, especially as related to the
maintenance of floodplain areas. The proposed text amendment addresses how the City
maintains floodplain areas. Staff met with the City’s water management consultant (Pete
Willenbring of WSB) to discuss the proposed amendment. He stated that the City’s regulations
could be amended to improve floodplain management and that the proposed amendment would
not be detrimental to this goal. He also recommended different language that meets the same
intent as is being proposed by the applicant.
The Planning Commission held a public hearing for the proposed text amendment on February
16, 2005. They unanimously recommended approval of text changes consistent with the
recommendation of WSB.
Considerations:
What does the ordinance require related to maintenance of floodplain areas?
Is the proposed amendment consistent with requirements of local, state and federal
agencies?
St. Louis Park City Council Meeting
030705 - 8c - 1st Rdg Zoning floodplain storage
Page 2
Would the requested change impact current City goals as related to floodplain
maintenance?
Could the amendment result in adverse impacts to adjacent properties?
Analysis:
What does the ordinance require related to maintenance of floodplain areas?
Sections 36-291 through 36-300 of the zoning code regulate floodplains. The proposed
amendment addresses how the volume of flood storage is maintained when there is a
proposal to fill within the floodplain boundary. St. Louis Park requires that any person
proposing to place fill within the floodplain must provide compensating storage outside
the existing floodplain boundary. See the diagram below:
Is the amendment consistent with requirements of local, state and federal agencies?
The Minnesota Department of Natural Resources (DNR) has created model ordinances
that cities can adopt to regulate floodplains. These model ordinances incorporate both
federal and state requirements. Many cities adopt these model ordinances verbatim. The
DNR model ordinance allows structures to be constructed in a floodplain if they are
elevated on fill. Only the following two paragraphs related to fill are included in the
model ordinance:
“Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain or any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the Official
Zoning Map.”
“No fill (including fill for roads and levees), deposit, obstruction, or other uses, shall
be allowed as a conditional use if such use will cause any increase in the stage of the
regional flood or cause an increase in flood damages in the reach or reaches
affected.”
St. Louis Park City Council Meeting
030705 - 8c - 1st Rdg Zoning floodplain storage
Page 3
The St. Louis Park zoning code takes this a step beyond federal and state requirements
stating that, “The city may approve such structure, fill, deposit, obstruction or storage of
materials or equipment if it otherwise complies with the provisions of this chapter and
provision is made for compensating storage of floodwaters displaced by the activity listed
in this subsection. Such compensating storage shall be located where it will achieve the
goal of eliminating a stage increase. The area where the compensating storage is
proposed shall be an area which was outside the 100-year flood zone before development
as compensating storage.
The applicant is requesting that the underlined sentence (above) be deleted from the
City’s zoning code. Even after eliminating this provision, the St. Louis Park code would
still be more restrictive than that required by federal and state requirements.
Would the requested change impact current City goals as related to floodplain
maintenance?
After receiving the subject application, staff met with a water resource management
engineer from WSB & Associates, the City’s stormwater consultants, to discuss the
proposal. He suggested that by allowing compensating storage to be accommodated
within the floodplain boundaries (by digging a deeper hole), water from lesser storm
events would actually be retained within smaller areas. This could decrease erosion and
improve wetland quality without impacting or increasing flood risks to other properties.
WSB also submitted alternative language to the applicant’s proposal that would still meet
the proposed intent which is to allow development on a site that is currently in the
floodplain.
Could the amendment result in adverse impacts to adjacent properties?
Since the proposal would not reduce flood storage capacity, it would not impact adjacent
properties.
Proposed Amendment:
The language on the attached ordinance was submitted by WSB as an alternative to the
applicant’s proposal and is recommended by staff and the Planning Commission.
Recommendation:
Staff and the Planning Commission recommend approval of an amendment to Section 36-292 as
proposed by the City’s water resource management consulting engineer (see attached ordinance).
Attachments: Proposed Ordinance
Prepared by: Judie Erickson
Planning Coordinator 952-924-2574 jerickson@stlouispark.org
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 8c - 1st Rdg Zoning floodplain storage
Page 4
ORDINANCE NO.______
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTION 36-292(f)
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 05-04-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Section 36-292(f) is hereby amended by
deleting striken language and adding underscored language. Section breaks are represented by
***.
“(f) Compensating storage. The city may approve such structure, fill, deposit,
obstruction or storage of materials or equipment if it otherwise complies with the
provisions of this chapter and provision is made for providing compensating storage of
floodwaters displaced by the activity listed in this subsection (f). Such compensating
storage shall be located where it will achieve the goal of eliminating a stage increase. The
area where the compensating storage is proposed shall be an area which was outside the
100-year flood zone before development as compensating storage provided using
accepted engineering practices so as to achieve the goal of eliminating any increase in
flood stage as a result of the project.
Sec. 3. The contents of Planning Case File 05-04-ZA are hereby entered into and made
part of the public hearing record and the record of decision for this case.
Sec. 4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council March 21, 2005
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 1
8d. Request of City of St. Louis Park for an amendment to the Comprehensive Plan
2000—2020, Chapter K Water Supply Plan to modify the water contingency
plan to conform to Federal Homeland Security legislation and to provide stricter
water conservation measures. Case No. 05-05-CP
Recommended
Action:
Motion to approve resolution amending the Comprehensive Plan
2000 – 2020, Chapter K. Water Supply Plan to provide changes
to water emergency planning in conformance with Federal
Homeland Security legislation and to incorporate stricter water
conservation measures subject to Metropolitan Council review;
approve summary resolution and authorize publication.
Background:
In September, 1999 the Comprehensive Plan 2000-2020 became effective. Chapter K Water
Supply Plan contains a summary of the larger Water Contingency and Conservation Plan
(WCCP) that was adopted by reference. Federal legislation associated with Homeland Security
requires cities to amend their WCCP’s to adopt certain response steps for protecting the cities’
water supply during emergencies based on water production and storage capacities.
The 1999 Water Supply Plan adopted a “community friendly” policy of volunteer water
conservation during times of drought. Water production records indicate that this policy has not
been effective. During the summer of 2003, the total water pumped by the City exceeded our
Department of Natural Resources permitted volume resulting in a permit infraction. The
proposed amendment requiring mandatory conservation is expected to lower water usage to the
permitted levels.
The City Council reviewed a proposed revision to the WCCP at a study session on June 14,
2004. The Council agreed that mandatory vs. voluntary water conservation measures should be
put into effect. The WCCP summary within the current Comprehensive Plan must be amended
to accurately represent the proposed plan revisions and restrictions. Those revisions are included
as an attachment to this report. The actual WCCP document is adopted into the Comprehensive
Plan by reference. A complete WCCP is available upon request.
The Planning Commission held a public hearing on February 16, 2005, for the requested
amendment. After discussion the Planning Commission recommended approval with minor
changes to the proposed text. The proposed resolution reflects the Planning Commission
recommendation.
Issues:
How will amendments to the WCCP be implemented?
The WCCP outlines the precise steps to be taken by City staff in the event of a water
emergency. The steps vary depending upon the type of emergency and the system
component affected. For instance, if an intrusion alarm activates for a particular well,
there are seven steps outlined to address that emergency. The well will automatically
shut down and will not be restarted until those steps are followed and the problem is
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 2
investigated. Due to the number of active wells in St. Louis Park, taking one well out of
service will not impede the overall water supply and would not necessarily trigger any
required adjustment in customer’s water usage.
Recommendation:
Staff and the Planning Commission recommend approval of the proposed resolution amending
the Comprehensive Plan 2000 – 2020 Chapter K, Water Supply Plan. Amendments to the
Comprehensive Plan are subject to Metropolitan Council review.
Attachments: Proposed Resolution
Summary Resolution
` Existing and proposed Comprehensive Plan text
Prepared By: Judie Erickson, Planning Coordinator
952-924-2574 jerickson@stlouispark.org
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 3
RESOLUTION NO. 05- 037
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
CHAPTER K, WATER SUPPLY PLAN
WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on
May 17, 1999 (effective September 1, 1999) and provides the following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and work
and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful,
interesting, and efficient community by serving the interests of the community at large rather
than the interests of individual or special groups within the community if their interests are at
variance with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, Chapter K of said Plan (Water Supply Plan) contains a summary of a larger
Water Contingency and Conservation Plan (WCCP) that was adopted by reference, and
WHEREAS, Federal legislation associated with Homeland Security requires cities to
amend their WCCPs to adopt certain response steps for protecting the cities’ water supply during
emergencies based on water production and storage capacities, and
WHEREAS, the current 1999 Water Supply Plan adopted a “community friendly” policy
of volunteer water conservation during times of drought, and
WHEREAS, during the summer of 2003, the total water pumped by the City exceeded
our Department of Natural Resources permitted volume indicating that this policy has not been
effective, and
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 4
WHEREAS, the proposed amendment requiring mandatory conservation is expected to
lower water usage to the permitted levels, and
WHEREAS, the Planning Commission of the City of St. Louis Park recommended
adoption of an amendment to Chapter K of the Comprehensive Plan 2000-2020 on February 16,
2005, based on statutes, a public hearing and analysis of the policy change, and
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 05-05-CP);
WHEREAS, the contents of Planning Case File No. 05-05-CP are hereby entered into
and made part of the public hearing record and the record of decision for this case;
NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the
Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is
hereby amended per Exhibit A:
Reviewed for Administration: Adopted by the City Council March 7, 2005
Contingent upon approval of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
05-05-CP:res/ord/2005
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 5
SUMMARY
RESOLUTION NO. 05-037
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
CHAPTER K, WATER SUPPLY PLAN
This resolution states that text amendments will be made to provide changes to the water
emergency planning to conform to Federal Homeland Security legislation and to incorporate
stricter water conservation measures.
Adopted by the City Council March 7, 2005
Contingent upon approval of the Metropolitan Council
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this resolution is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: March 17, 2005
05-05-CP:res/ord/2005
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 6
EXHIBIT A
Comprehensive Plan 2000 – 2020 Chapter
K. Water Supply Plan
Page K-4
Emergency Contingency Planning
Potential emergency events include such natural emergencies as
tornadoes, floods, ice storms, and extended droughts. In addition,
man-made emergency events may occur which adversely affect the
water system's ability to provide potable water to the system
customers. Emergency events such as power outages, equipment
failures, accidents, or water contamination at the source, treatment
plant or in the distribution system, may occur as well as vandalism at
well sites, treatment plants, or water storage areas.
Emergency events may affect the water system in a number of ways.
The appropriate responses will vary depending upon the type of event
and the system component that is affected. During some emergency
events, responses may be required from the community. These
responses include mandatory voluntary conservation of water,
limiting of lawn watering, banning of lawn watering, or restrictions of
water use by the City’s larger water consumers, or weekly limits to
water use by all customers. Priorities for water use during periods of
limited supply are established in Minnesota Statute 103G.261. During
periods when water supply and/or distribution cannot meet the
demands placed on the system, water allocation must be made based
on the statutory priorities. Five Three community response steps have
been defined, and are shown in Table K-2.
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 7
Table K-2: Community Response Steps
Response Step 1
Base
Requirement
A voluntary conservation request is issued by the City
Manager. Customers are asked to Permanent sprinkling
restrictions are in place. Customers must limit outdoor
watering to every other day and no watering between noon and
6:00 p.m. Customers with odd-numbered street addresses
alternate outdoor watering with even-numbered addresses. All
municipal operations are placed on mandatory conservation
with park irrigation limited as defined by the Directors of
Parks and Public Works.
Response Step 2
1
A mandatory water conservation decree is issued by the City
Manager. Outdoor watering is limited for customers as
described in Response Step 1 , limiting outdoor watering by
customers to once every five days. Watering of new lawns &
trees will be allowed on an even-odd address basis. No
watering between noon and 6:00 p.m. No private car washing
will be allowed. Special water users, as designated by the City
Manager, may be allowed a supplemental water allowance in
order to maintain operations.
Response Step 3 A mandatory water conservation decree is issued, limiting
outdoor watering by customers to once every five days.
Watering of trees will be allowed on an even-odd address
basis. No watering between noon and 6:00 p.m. No private car
washing will be allowed. Special water users, as designated by
the City Manager, may be allowed a supplemental water
allowance in order to maintain operations.
Response Step 4
2
A mandatory water conservation decree is issued, banning all
lawn watering and outdoor water use. Major
industrial/commercial users over 10,000 gpd may be restricted
at the discretion of the City Manager.
Response Step 5
3
A mandatory water conservation decree is issued, placing
weekly limits on water use by all customers. Limits shall be
set at the discretion of the City Manager, based on available
supply system capacity, priority of users, and other pertinent
considerations (i.e. nursing, homes, hospitals, child care
centers and schools).
A determination of the community response level is made based on a
determination of the water system's capacity and the expected water demand.
St. Louis Park City Council Meeting
030705 - 8d - Comp PLan water supply plan
Page 8
The implementation triggers and supply system conditions are shown in Table
K-3.
Table K-3: Community Response Trigger Levels
Supply System Condition Water Supply Capacity Community Response
Step
Water Shortage Possibility <12.5 MGD (summer)
<10 MGD (winter)
1
Water Shortage Watch <11.5 MGD (summer)
<9 MGD (winter)
2
Water Shortage Emergency
-
Level 1
<10.5 MGD (summer)
<8 MGD (winter)
3 1
Water Shortage Emergency
-
Level 2
<9.5 MGD (summer)
<7 MGD (winter)
4 2
Water Shortage Emergency
-
Level 3
<8.5 MGD (summer)
<6 MGD (winter)
5 3
Trigger levels are based on historical data for summer (May through September) and
winter (October through April) months. Trigger levels should be reviewed on a yearly
basis, and adjusted as needed to reflect current demand conditions.
Water Conservation
Based on the City’s population increasing from an estimated 44,590 in 1997 to
48,500 by year 2020 and the same usage as now, the maximum daily use is projected
to be 14.7 MGD with an average daily use of 7.0 MGD. The current system capacity
is 16.8 MGD short term, or 15.0 MGD with sustained pumping, which is slightly in
excess of projected 2020 needs. Conservation efforts possibly realized during this
time could lower the projected demand accordingly.
The City has three primary categories to which water use is allocated. These
categories are residential, commercial, and unaccounted-for water losses. Residential
water use accounts for the single largest portion of water used (62%), and represents
an area with significant potential for water conservation. (Residential also includes
low volume commercial.) Unaccounted-for water (6%) may represent another area
with potential for water conservation, if a significant portion of the unaccounted for
water is due to water leaks. Commercial water use accounts for 32% of the total
water used. For both residential and commercial water use categories, it appears that
a significant portion of water use is due to elective water uses, such as lawn and
garden watering. As such, much of the focus of water conservation will be on
reducing the amount of elective water use.
St. Louis Park City Council Meeting
030705 - 8e - Brunswick Rail Road Crossing
Page 1
8e. Closure of Brunswick Avenue South at W. 33rd Street (Canadian Pacific
Railroad)
This report considers closing Brunswick Avenue South at the C.P. Railroad.
Recommended
Action:
Motion to adopt Resolution authorizing the closure of Brunswick
Avenue South at W. 33rd Street (Canadian Pacific Railroad)
conditioned on certain CPRR concessions.
Background: On December 9, 2002 staff presented a multi-year railroad crossing pavement
surface improvement plan to the City Council. Part of that plan considered free crossing surface
upgrades in exchange for the closure/removal of other low-use street crossings. In particular, the
street crossing at Brunswick Avenue So. and W. 33rd Street was identified for possible closure at
that time. Council expressed interest in the CPRR’s proposal and suggested that staff explore
this proposal with affected residents.
A meeting to discuss the closure of Brunswick Avenue at the tracks at W. 33rd Street was held
March 27, 2003. Brunswick Avenue property owners (residents from W. Lake Street north to
W. 32nd Street) and representatives from the Lenox and Sorenson neighborhoods were invited to
the meeting. Five (5) residents attended the meeting. The result of that meeting was a split over
closure of the Brunswick Avenue crossing. After the meeting, two (2) additional residents called
to provide their input. One was opposed to the closure and the other was neutral on the matter.
The three (3) residents opposed to the closure did not want to lose convenient access to W. Lake
Street directly to the south. Two (2) residents favored the closure based on cost savings,
reduction in whistle noise, and traffic calming (apparently a few students speed through the area,
at times, to and from school). Two (2) other residents were neutral on the matter. In summary,
in 2003 there was no significant public purpose for closing the Brunswick Avenue street crossing
so it was not pursued further at the time.
In late January 2005, the CPRR officially proposed to replace the crossing surface on Dakota
Avenue at their cost in exchange for the City agreeing to the removal and closure of the street
crossing at Brunswick Avenue and W. 33rd Street. CPRR indicated they would like to start the
crossing upgrade work in April. The only City cost associated with all of this would be for
minor street work, signs, and vegetation at the Brunswick Avenue street closure. The Dakota
Avenue street crossing needs to be replaced within the next year or so to complement our
programmed reconstruction of Dakota Avenue in 2006 (Project No. 20051100). If the City
replaces this crossing as part of that project, it could cost us approximately $50,000. The
proposal by CPRR is in conformance with our budget reduction plans of the past two (2) years
and previous discussions with the railroad.
Brunswick Avenue residents have been aware since 2003 that this crossing may be closed at
some point in the future. Based on the past input received, a few of the adjacent residents had
mixed feelings over the proposed closure of the Brunswick Avenue crossing. City staff feels
closure of this street crossing is now justified based on an estimated capital savings of about
$50,000 for the upgrade of the Dakota Avenue crossing. Besides capital savings, this street
closure will also reduce annual City maintenance costs, improve safety, provide for traffic
calming on Brunswick Avenue, and decrease noise from whistle blowing.
St. Louis Park City Council Meeting
030705 - 8e - Brunswick Rail Road Crossing
Page 2
The street closure process is relatively straightforward and consists of notice to adjacent
residents followed by Council approval by resolution. If the Council proceeded with this action,
the crossing upgrade work at Dakota Avenue would start in April and the Brunswick Avenue
closure would occur in June or July.
Public Involvement Process: Since the initial neighborhood meeting held in March 2003, staff
has notified the area residents twice by mail to solicit their comments on the street closure. After
the first mailing sent February 7, 2005, staff received comments from 4 residents of the
neighborhood. Three residents had concerns of closing the street and did not support the
proposal. The other resident was supportive of the street closure. This information was then
reported to Council Members at their February 28th Study Session. It was decided from
discussion at the Study Session that an additional mailing be sent to area residents and
neighborhood representatives. The mailing was to provide additional information related to
some common questions and concerns heard from the 4 responses. In particular were the
concerns about any impacts the closure might create for Police and Fire protection. A mailing
was sent March 1, 2005. Also included with the mailing was an invitation to an Open House for
the City’s Street Rehabilitation Project. The Open House would provide one further opportunity
to meet with staff to discuss the proposed street closure prior to March 7th Council date. Any
additional comments provided by area residents will be presented to Council at their March 7th
meeting date.
Summary: Staff realizes that not every affected resident supports this proposed street closure
and that is not likely to change. Given all the considerations, along with current and possible
future costs, closing this street crossing does not seem unreasonable.
Attachment: Resolution
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
030705 - 8e - Brunswick Rail Road Crossing
Page 3
RESOLUTION NO. 05-038
with amendments from meeting
RESOLUTION AUTHORIZING CLOSURE
OF BRUNSWICK AVENUE SOUTH AT W. 33rd STREET
(CANADIAN PACIFIC RAILWAY CROSSING)
WHEREAS, on December 9, 2002, City staff presented a multi-year railroad crossing
pavement surface improvement plan to the City Council; and
WHEREAS, City staff has received a proposal from the Canadian Pacific Railway
(CPR) relating to the closure of the Brunswick Avenue crossing in exchange for CPR’s
upgrading of the crossing at Dakota Avenue – north of Lake Street; and
WHEREAS, CPR has agreed to pay for the upgrade of the Dakota Avenue crossing
which includes the installation of a new concrete crossing; and
WHEREAS, the public involvement of the neighborhood has included a March 27,
2003 neighborhood meeting, informational notices mailed February 7, 2005 and March 1, 2005,
a informational open house held on March 3, 2005, and the hearing of public comments at the
March 7, 2005 City Council Meeting; and
WHEREAS, it is in the best interest of the City and its residents from both a safety and
cost standpoint to limit the number of railroad crossings in the City; and
WHEREAS, it is not the intent of the City to vacate or abandon this section of the
Brunswick Avenue right-of-way, but rather to close the street to vehicular traffic subject to
future action by the Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota:
1. The City’s Director of Public Works is authorized to take all steps, including the
installation of any turn arounds or other street modifications, necessary to close the Brunswick
Avenue South crossing of the Canadian Pacific Railway to vehicular traffic.
2. The closing is conditioned upon CPR, at its cost, upgrading the Dakota Avenue
grade crossing in accordance with plans approved by the Director of Public Works.
Reviewed for Administration Adopted by the City Council March 7, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
030705 - 8f - Smoking Ban
Page 1
8f. Consider enforcement options provided in Hennepin County Ordinance #24
establishing smoke-free restaurants within the County.
Recommended
Action:
Motion to authorize the City Manager to inform Hennepin
County by letter that the City will accept enforcement
responsibility of County Ordinance #24 establishing smoke-free
food and beverage establishments.
Background: During the January 10 study session staff and Council discussed options related to
enforcement of the Hennepin County Smoking Ordinance. The County has asked that we inform
them whether the City will agree to take on enforcement responsibilities or if the City prefers to
have the County do the enforcement. At this point all of the cities in Hennepin County that
perform their own food licensing and inspections through delegation agreements with the
Minnesota Department of Health have agreed to do enforcement with the exception of Hopkins
and Brooklyn Park. These two cities have declined to take on enforcement. We are the only
remaining city that still needs to respond to the County.
During the study session we discussed an option suggested by our city attorney whereby we
would agree to handle and respond to public inquiries and complaints and that the County
Attorney would handle prosecution related actions. The Council asked staff to see if this hybrid
approach could work.
After significant discussion with County staff and our city attorney, staff concludes that the
hybrid approach is not a viable option from a logistical and practical perspective. Given that, we
are faced with the option of either declining to take on enforcement or agreeing to do it.
Staff is recommending that the City agree to take on the local education and enforcement duties
for various reasons including:
• Our constituents are probably naturally going to call us anyway if there is a problem and
expect us to do something about it.
• If there are issues we will likely be more effective resolving the situation given our local
knowledge and the relationships we have built with bar/restaurant owners.
• Given the experience in other communities with smoking bans, we are not anticipating an
onerous enforcement problem or work load.
• It shows a level of partnership with the County.
Attached is the County policy outlining application of the ordinance and establishing procedures
for enforcement, allowing local flexibility while establishing a basic level of County wide
consistency.
As we discussed during the study session, one exposure that we have is the potential
responsibility to take on an expensive prosecution on a test case. Again, we don’t anticipate that
will happen, but if it should arise, we would be talking to the county and ask that they partner
with us to deal with the situation.
St. Louis Park City Council Meeting
030705 - 8f - Smoking Ban
Page 2
The County has asked that we inform them by letter if we are willing to do the enforcement. Our
decision is time sensitive since the ordinance goes into effect at March 31st and restaurant
notification, including posting of signage, is necessary during the next few weeks.
Attachments: County Policy for Enforcement (Supplement)
Prepared By: Brian Hoffman, Director of Inspections
Approved By: Tom Harmening, City Manager