HomeMy WebLinkAbout2005/06/06 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
June 6, 2005 – 7:30 p.m.
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations - None
3. Approval of Minutes
a. City Council Minutes of May 16, 2005
b. City Council Study Session Minutes of May 16, 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. City Engineer’s Report: Cedar Lake Road Trail Connection, Project No. 2004-
0303
This report considers the construction of an at grade trail linkage between Cedar Lake
Road and the Cedar Lake Regional Trail. The proposed project area is located at the
pedestrian bridge over the Burlington Northern Railroad and Regional Trail near the
Jewish Community Center.
Recommended
Action:
Motion to adopt the attached resolution accepting this report,
establishing and ordering Improvement Project No. 2004-0303,
approving plans and specifications, and authorizing
advertisement for bids.
8b. Permanent Off-Leash Dog Park
The proposed action would allow for the creation of a permanent off-leash dog park in
Dakota Park.
Recommended
Action:
Motion to adopt the recommendations of the Off - Leash Dog
Park Task Force and authorize the creation of a permanent off –
leash dog park along the southeast edge of Dakota Park
8c. Request of Emad Abed for a Comprehensive Plan land use amendment and a
Zoning map amendment for property located at 7200, 7202, 7250, 7252 Excelsior
Boulevard.
Case Nos. 04-71-CP and 04-72-Z
The applicant is requesting the City to reguide and rezone properties to allow a 7-story
condominium project. The project will also require a subdivision and PUD; those
applications may only be made following action on the Comprehensive Plan
amendment and rezoning.
Recommended
Action:
ü Motion to approve resolution amending the
Comprehensive Plan Land Use from Office to RC
contingent upon review of the Metropolitan Council,
approve summary publication and authorize publication.
ü Motion to approve first reading of ordinance amending
zoning map to change the designation from O-Office to
RC-Residential Commercial and set second reading for
June 20, 2005.
8d. Request of the City of St. Louis Park to amend Chapter D - Housing of
Comprehensive Plan 2000 – 2002 to update tables and graphs and associated text
and to incorporate housing goals and implementation strategies of the Housing
Summit.
Case Nos. 05-06-CP
Recommended
Action:
Motion to approve amendment to Chapter D – Housing of the
Comprehensive Plan 2000 – 2020 contingent upon review by
Metropolitan Council.
8e. Resolution of support for State of MN Capital Appropriation for a Railroad
Switching Yard in Glencoe, Minnesota
Recommended
Action:
Motion to adopt the resolution.
9. Communications
10. Adjournment
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ST. LOUIS PARK CITY COUNCIL
MEETING OF June 6, 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 approve second reading of an ordinance amending Chapter 16 of the St. Louis
Park municipal code establishing an administrative fee in vehicle forfeiture cases, and to
approve the summary and authorize publication
4b Motion to Approve a Resolution Authorizing the Execution of a Joint Cooperation
Agreement between the City of St. Louis Park and Hennepin County for Participating in
the Urban Hennepin County Community Development Block Grant Program in FY 2006-
2008.
4c Motion to approve an operations grant of $35,000 from Cable TV franchise fees to
School District #283, at the recommendation of the Telecommunications Advisory
Commission
4d Facilities Superintendent’s Report: Motion to adopt the attached resolution accepting this
report, establishing and ordering Capital Improvement Project No. 20051700, approving
plans and specifications, and authorizing advertisement for bids to replace the roof
system on the Police Department building
4e Facilities Superintendent’s Report: Motion to adopt the attached resolution accepting this
report, establishing and ordering upgrades to HVAC Systems at the Police Facility,
approving plans and specifications, and authorizing advertisement for bids to upgrade the
HVAC Systems – Capital Improvement Project 20051600
4f Motion to adopt resolution ratifying appointment of Citizen Representative to the Basset
Creek Watershed Management District
4g Motion to Accept Minutes of Fire Civil Service Commission April 1, 2005
4h Motion to Accept Minutes of Parks and Recreation Commission April 20, 2005
4i Motion to Accept Minutes of Planning Commission May 4, 2005
4j Motion to Accept Minutes of Planning Commission May 18, 2005
4k Motion to Accept Vendor Claims Report (supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
June 6, 2005
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
May 16, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Sue Santa, and Sally Velick
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Assistant
Zoning Administrator (Mr. Morrison), Planning/Zoning Supervisor (Ms. McMonigal), Police
Chief (Mr. Luse), Public Works Coordinator (Mr. Merkley), Public Works Director (Mr.
Rardin), City Engineer (Mr. Brink), and Recording Secretary (Ms. Stegora-Peterson).
2. Presentations - None
3. Approval of Minutes
3a. City Council Minutes of May 2, 2005
The minutes were approved as presented.
3b. Study Session Minutes of April 25, 2005
Councilmember Sanger indicated on page four, first paragraph, insert “Staff was directed
to prepare an ordinance to remove cluster homes from R1, R2 and R3 districts.” at the
end of the first sentence. After the second sentence, add, “…to protect properties that
might become non conforming.”
Councilmember Finkelstein noted in the second paragraph on page four, they had other
concerns and issues they wanted to deal with besides just the cluster housing. For
example, issues such as subdividing.
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.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 2
4a Authorize the Mayor and City Manager to sign Hennepin County Cooperative Agreement
No. A050832 which outlines use, equipment ownership and connectivity to the
countywide 800 MHz system
4b Adopt Resolution No. 05-070 approving a Conditional Use Permit to allow the
excavation and fill of over 400 cubic yards of soil at Browndale park (4525 Morningside
Ave) subject to conditions included in the resolution. Case No. 05-14 CUP
4c Approve Resolution No. 05-071 for a Minor Amendment to the existing Special Permit
to allow a 1,100 square foot outdoor dining area for the Holiday Inn Mpls. West located
at 9970 Wayzata Blvd Case Nos. 05-21-SPEtc
4d Approve Resolution No. 05-072 for a Minor Amendment to the existing Conditional Use
Permit to allow the American Legion to occupy space currently occupied by the VFW at
the property located at 5605 36th St W. Case Nos. 05-20-CUP
4e Approve Resolution No. 05-073 terminating a special permit at 6111 Excelsior Boulevard.
Case Nos. 05-21-SP
4f. Follow Excess Land Task Force Summary and Preliminary Recommendation to complete
technical analysis and research, meet with neighborhoods as appropriate and take actions
needed to further evaluate the potential to use the excess land parcels for housing.
4g Adopt Resolution No. 05-074 revising holidays recognized by the city council and
revising 2005 meeting dates
4h Authorize the Mayor and City Manager to enter into a contract with Mobius, Inc. for
professional services related to revisiting and updating Vision St. Louis Park
4i Bid Tabulation: Reject the bid for the Pedestrian Crossings and Intersection
Improvement Projects– City Project No. 1999-0900 and 2005-1300 and recommend Staff
to solicit quotes to complete the independent specialty work
4j Enter into an agreement with Copeland Building Corporation in an amount not to exceed
$755,000 to replace the park buildings at Browndale and Nelson Parks according to the 2005 CIP
4k Accept vendor claims for filing (supplement)
4l Accept Planning Commission Minutes of April 20, 2005 for filing
4m Accept Parks and Rec Advisory Commission Minutes of March 16, 2005 for filing
4n Accept the Telecommunications Commission Minutes of February 3, 2005 for filing.
4o Accept Housing Authority Minutes of April 13, 2005
Mr. Harmening indicated that staff received a request from the developer for the proposed
Meadowbrook Lofts project (8d) on Excelsior Blvd, requesting that action be rescheduled to the
June 6th Council meeting.
It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve the
Agenda, rescheduling item 8d. for the June 6th Council meeting, and approve items listed on the
Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions
5a. Motion to reappoint Steve Fillbrandt to the Housing Authority for a term to
expire June 30, 2010.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 3
It was moved by Councilmember Omodt, seconded by Councilmember Sanger to
reappoint Steve Fillbrandt to the Housing Authority for a term to expire June 30, 2010.
The motion passed 7-0.
6. Public Hearings - None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Approval of Preliminary Layout for the Excelsior Boulevard Street
Improvement Project – Project No. 2004-0400
Resolution No. 05-075
Mr. Rardin introduced those involved with the project including Scott Brink, the new
City Engineer.
Mr. Merkley presented the staff report.
Mr. Nolan, Hennepin County Transportation Department, Project Manager, reviewed the project.
The project includes: replacing the center median, adding and modifying right turn lanes,
installing new traffic signals, closing several medians along the corridor to mitigate the
need for individuals and property owners living in the area to be able to access their
homes, installing new left turn lanes, replacing and installing new concrete walks and
extending the bituminous trail.
Project outcomes include: increased sight lines along the corridor from the removal of
on-street parking (five spaces), reduction of conflict points (closure of medians), increase
of side street radii and a designated lane for a right-through and left-turn, driveway
closures (which helped reduce rear-end accidents), traffic signals replaced at Alabama
and Brookside and installation of count down timers at those locations and possibly the
hospital entrance signal, replacing the ramp signal at Hwy 100 with the current project,
street lighting, pedestrian accommodations (sidewalks, trail connections, traffic signals
with countdown timers and pedestrian indication, ramps at all corners, audible indicators,
and replacing bus stop shelters), improving capacity of the roadway, adding and
lengthening turn lanes, replacing all of the pavement and its sub-grade with bituminous
full-depth aggregate, replacing the storm sewer from East end of the project to the creek
and from Louisiana to the creek, provide capacity for additional water from Dakota to
reach the outfall at the creek (water would be treated), landscaped streetscape, and
improved erosion control measure at the creek.
Project issues include: access changes (especially median closures at Zarthan), impact to
businesses during construction, weekly meetings would be held to discuss issues and parking.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 4
Project limits: there are three projects, having the split in projects could create a situation
where they have over a year of construction on the first phase and then another year of
construction on the second phase.
A short-term detour is planned during the project at the CP Rail crossing to upgrade to a
concrete crossing. That would be incorporated with the project and CP Rail would like to
have a closure of Excelsior Blvd for approximately ten days to complete the work.
Mayor Jacobs expressed concern and noted a similar situation on Dakota Av, which was
finished in three days. Mr. Nolan indicated during the detail design process they would
be working with CP Rail and would see what they could do to get it done faster.
Councilmember Sanger asked when they were doing the construction, would it be one
lane in each direction? Mr. Nolan replied yes.
Councilmember Sanger asked where they would reroute traffic during construction? Mr.
Nolan replied they would need to utilize the trunk highway system such as Hwy 7 and
would probably go through the neighborhood.
Mr. Nolan stated a meeting was held to talk with the neighborhoods about the Zarthan
and Dakota Avenue median closures. Concerns indicated regarding the Zarthan crossing
included business traffic being rerouted into the neighborhood (which would likely
happen), they could also make U-turns or come from a different route; excess traffic on
side streets; lack of a sidewalk on 39th Av.; and, children in the neighborhood. A
suggestion was made to cul-de-sac Zarthan North of the businesses, which would mean
the median could be closed and they would not be able to get to the businesses through
the neighborhood. Over a three-year period there were seven accidents at the Zarthan
intersection. At Dakota Avenue, residents were concerned about rerouting of traffic onto
Brunswick Avenue, and excess traffic on side streets. Another resident mentioned
installing a cul-de-sac and the neighborhood was interested. They felt that was not a part
of this project and could happen in the future. They agreed that providing a left-turn lane
at the hospital was mitigation for closing the median. They had general comments:
speed reduction along the corridor (the Comsnr of Transportation sets the speed limits),
parking availability in lots and on-street parking in the neighborhoods, vehicles traveling
westbound are often confused about the location of the hospital entrance. With the right
turn lane and improvement of the signage that issue may go away. They suggested
reducing the width of Dakota Av, but were unsure if it would work. Funding for the
project came from State Aid funds. The bridge project included Federal funding, subject
to federal requirements. There were currently no special assessments for the roadway
work. There was a special service district being discussed for the landscape portion. The
total project cost (right of way and construction for all three) was approximately $5.5
million. The first project was scheduled to come before the Council again. Bid opening
April 2006 and construction July 2006, likely completed November 2007. The second
portion of the project coming before the Council and bid opening in December 2006,
with construction starting in April 2007 and completing by December 2008. He reviewed
both options for approval.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 5
Councilmember Velick asked the benefit of plan “B” for businesses? Mr. Nolan replied
it would benefit the businesses by allowing quick access to their facilities.
Councilmember Velick asked the number of accidents on Zarthan? Mr. Nolan replied
there were seven in a three-year period.
Councilmember Basill indicated that there would be parking changes in front of the building
that would improve sight lines in that area. If they closed the median, there would be the
potential for a lot of traffic going through the neighborhood to get to the gas station. He
would be uncomfortable if there wasn’t going to be an improved intersection and sight lines
with the elimination of the parking. He believed leaving the median open would work.
Councilmember Finkelstein asked if they left the median open, could it be closed at a
later time? Mr. Nolan replied yes, they liked to reduce access points.
Councilmember Sanger stated there had been pedestrian accidents over the years. What
impact would this plan have on future crashes with pedestrians? Mr. Nolan responded in the
mid ‘90’s there were a number of fatalities. In 1998 raised center median islands were
placed along the corridor as a temporary solution until this project came along. The medians
will go back in. Pedestrian crosswalks will be put in place to alert vehicles of pedestrians.
Councilmember Sanger asked if crosswalks would be a different material? Mr. Nolan
responded that could be worked into the plan. There was interest in making a
differentiation between the pavement for the roadway and the crosswalk.
Deb Skinner, 3936 Zarthan, stated they were concerned and did not want a restriction at
Zarthan. They applauded the removal of the parking places because they blocked sight
lines. They would hate to have the vehicles for Super America go through their
neighborhood. She was concerned about safety and would oppose closing it. They were
also concerned that business might decline if people couldn’t get to Super America.
Lisa Pannell, 3985 Colorado Av S, stated the people in here neighborhood were not
concerned with closing the median at Dakota. They were concerned with speeds in the
neighborhood and traffic turning left onto Dakota out through Brunswick. Reducing
speeds along Excelsior Blvd and the streetscape would help that.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution B, Resolution No. 05-075 approving Layout No. 2 with options, authorizing
right-of-way acquisition, and imposing permanent parking restrictions.
The motion passed 7-0.
8b. Administrative Fee for Vehicle Forfeitures
Police Chief Luse presented the staff report.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 6
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve
first reading of ordinance amending Chapter 16 of the St. Louis Park Municipal Code to
establish an administrative fee in certain vehicle forfeiture cases and set second reading
for June 6, 2005.
The motion passed 7-0.
8c. Request of Foundation Land LLC and Master Development LLC (St. Louis
Park School District) for a minor amendment to an approved Final PUD for
Brookside School Lofts. Case Nos. 05-18-PUD Lots 1-11 and 29-36 Block 10
Suburban Homes Co.’s Addition except highway.
Resolution No. 05-076
Ms. Erickson presented the updated staff report.
Linda Sandbo, 4205 Webster Av. S, stated that they met with the Developer. Her main
question when the project came forward was the location of the sidewalk was that was
being eliminated. In the meeting they were able to discuss their issues and found that the
sidewalk they were removing would remain. They had questions about people accessing
parking spaces in the other building and found that there was a secure access and
sidewalks between the buildings. The neighborhood would have preferred a gabled roof,
but agreed with the flat roof. The parking change was not an issue. And they didn’t feel
they had lost too much green space. They believed the stucco looked good, although
there was a concern about the color choice.
Councilmember Sanger asked if the outdoor plaza was restored to its original size? If
there is a loss of outdoor space at ground level, it wasn’t made up very well with the
rooftop patio, which was only easily accessible to those in the school building. Because
it overlooks Hwy 100, how good of an amenity is it? Ms. Erickson responded on the old
plan, the plaza extended on top of the old parking garage. Now there is a driveway in
that location, so the plaza was moved back. The reduction in size equaled approximately
the size of the rooftop patio. The plaza was still large enough to accommodate everyone.
None of the green space was being lost.
Councilmember Sanger asked how they used a roof for flood storage? Bruce Bonneman,
Master Development, replied that water would sit on the roof. A small pipe reduced the
flowage down and it went into a dry pond. Water calculations done by their civil
engineer were required to meet city requirements to keep water out of the storm system.
The water flows down slowly.
Councilmember Sanger asked if that increased the chance for roof leaks? Mr. Bonneman
responded no.
Mayor Jacobs asked how long the water stayed on the roof? Mr. Bonneman replied it
would drain within 24-hours.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 7
It was moved by Councilmember Basill, seconded by Councilmember Finkelstein, to
approve Resolution No. 05-076 approving minor amendment to Final PUD for Brookside
School Lofts.
The motion passed 7-0.
8d. Rescheduled to June 6
8e. Request by Darrell W. Brown for a Conditional Use Permit to allow an
accessory building larger than 800 square feet together with a variance to
allow the cumulative ground floor area of all accessory buildings to be
greater than the house. Case Nos. 05-10-CUP and 05-11-VAR,
5511 Vermont St.
Mr. Morrison presented the staff report.
Darrell Brown, applicant, stated he needed the garage because of parking problems. He
wanted to secure his property and keep it in a safe place. He would be making a large
investment and it would not be a business. He felt the request was not ridiculous because
he had enough land. He would request the CUP be modified to meet his needs. The
neighbors were in favor of his project.
Councilmember Omodt did not have a problem with the proposal. The garage looked
worn down. The garage was big, but he had the lot to do it and he thought the design did
not hinder the open space requirements in the ordinance.
Councilmember Sanger agreed that the criteria for a variance had not been satisfied.
Why were they talking about this when they didn’t have a proposal that would fit within
the 1170 sq ft limitation of the CUP? If the variance were denied, could the applicant
come back to build a garage or accessory building that did not exceed 1170 sq ft? Mr.
Morrison responded the Planning Commission was comfortable forwarding this
recommendation without seeing a revised site plan of a smaller building. Mr. Brown
wanted to proceed with the recommendation presented. If the Council wanted a revised
site plan, it could be tabled.
Councilmember Sanger asked if the applicant was planning something greater than the
800 feet allowed, but was within 1170, would the proper route be another variance? Mr.
Morrison replied that the code was written in a way that any property owner could build
up to 800 sq ft of accessory building without a conditional use permit. Once they went
over 800 sq ft, they needed a CUP.
Councilmember Sanger could not vote in favor of the CUP for the entire 2500 sq ft. She
understood the applicant wanted to use this for personal vehicles, what happened with the
next person? This was setting it up for a commercial use.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 8
Councilmember Finkelstein agreed with Councilmember Sanger. There was no hardship for
the variance requirements. They were talking about a two to one ratio with the garage to the
house. They needed to look at the future possibilities. They didn’t want to create a precedent.
Mr. Brown stated this would also make a very nice Rec. room if someone wanted to have
a Jacuzzi. He had no intention of having a business. Zoning ordinances controlled that.
There was not enough room in his current shop.
Councilmember Finkelstein stated it did not meet the criteria for a variance.
Mr. Brown stated if he had ten acres, he still couldn’t do it. Mayor Jacobs noted it was
not a question of the size of the lot. It was a question of how it related to the size of the
house and the zoning district.
Councilmember Santa agreed, it did not meet the criteria for a variance. She was familiar
with cars and workshops and had empathy, but could not support a garage twice the size
of the house. While the applicant may never intend on having a commercial use, down
the road it would be waiting for a potential commercial use.
Councilmember Basill asked for clarification on the Planning Commission
recommendation. Mr. Morrison responded they approved a CUP and did not include a
number, but could not exceed the size of the house. If he added onto the house, he could
build more accessory building.
Councilmember Basill indicated he was at the property and the request did not seem as
odd because of the size of the lot. He understood the concerns from the rest of the
council. If this were a rambler, he would be allowed to build a larger garage. Could they
approve something in the middle?
Councilmember Velick noted several years ago they debated the size of a garage. They
spent hours designing a garage that would meet everyone’s needs and not be too large for
the community. This was a beautiful lot that would perfectly fit that size of a garage, but
setting precedent would be terrible.
Mr. Brown stated there had been other garages built in St. Louis Park that covered 75%
of the property and some were bigger than the house. His house, with his garage, would
cover only 15% of the land. It was a benefit to get the cars off the street.
Mayor Jacobs indicated his understanding was that the current requirement was the
footprint of the house or the useable square footage within it? Mr. Morrison responded it
was the ground floor area, the footprint of the house.
Councilmember Basill stated if the amount of useable floor space and the green space
were taken into consideration, he could go larger. The applicant had a lot of green space.
He didn’t know if this proposal was right, but wondered if there was a compromise
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 9
somewhere between 800 and 2500 sq ft, that fit the lot, the neighborhood and the
community better than just the standard 800 sq ft.
Councilmember Santa understood the desire to design a garage, but would be
uncomfortable approving a conditional use permit without seeing a plan. She suggested
tabling the CUP portion of the application and taking action on the variance.
Councilmember Finkelstein reminded the Council about the criteria for approving a
variance. The applicant did not meet most of the criteria. They needed to be consistent.
This was for convenience and they could not go down that road.
Councilmember Sanger agreed with Councilmember Velick that they had already been
down this road. She understood this lot was far bigger than most lots. There was no
basis for a variance. She did not see any reason to use the CUP process to get around the
variance process. The issue was the size of the building and if it could be used as
commercial space.
Councilmember Basill agreed with Councilmember Finkelstein that this did not meet the
criteria for a variance. The CUP says that they can allow over an 800 sq ft structure by
conditional use permit. Have others requested CUP’s over 800 sq ft? Mr. Morrison
responded he hadn’t found any.
Councilmember Basill indicated under the way the code is written, if they want over 800
sq ft, they can do it up to the size of their house with a CUP.
Councilmember Finkelstein was concerned that they did not use the CUP to get around
the variance statute. He did not have a problem of up to 1100, anything in excess they
would be misusing the CUP process because it did not meet the criteria of a variance.
It was moved by Councilmember Basill to deny the application for a variance to allow
the cumulative ground floor area of all accessory buildings to exceed the ground floor
area of the home; and, to approve a conditional use permit to allow a cumulative ground
floor area for accessory buildings not to exceed 1,170 square feet.
Councilmember Velick indicated she would not support the motion without having the
plans for the conditional use permit.
Councilmember Basill withdrew his motion.
It was moved by Councilmember Finkelstein, seconded by Councilmember Velick, to
deny the application for a variance to allow the cumulative ground floor area of all
accessory buildings to exceed the ground floor area of the home ,in accordance with the
resolution as presented.
Mr. Brown asked if this would reflect in a lesser value of his land? Mr. Scott responded
he could not answer that question.
St. Louis Park City Council Meeting
Item: 060605 – 3a – Council Mtg Minutes May 16, 2005
Page 10
The motion passed 6-1, with Councilmember Omodt opposed.
It was moved by Councilmember Basill, seconded by Councilmember Santa, to defer
action on the conditional use permit to allow the applicant to present of design not to
exceed 1,170 square feet and also to extend the 60-day timeline an additional 60 days.
Mr. Brown stated he would probably utilize his existing garage and not proceed.
The motion passed 7-0.
9. Communications
Councilmember Omodt reported on a baseball tournament to be held in St. Louis Park.
Mayor Jacobs thanked the Children’s First Committee, Park and Rec. and the Volunteers for
their work on the ice cream social. The Band, Orchestra, Choir and the Arts fundraiser will be
held Friday at 7 PM at the High School.
10. Adjournment
The meeting adjourned at 9:32 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 060605 – 3b – Study Session Minutes May 16, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
May 16, 2005
The meeting convened at 6:31 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa,
Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke) and
Economic Development Coordinator (Mr. Hunt) and Recording Secretary (Ms. Stegora-Peterson).
1. Update on proposed “Hoigaard Village” Project
Mr. Hunt updated the Council on the Hoigaard Village project.
Frank Dunbar, Developer, introduced the property owners of the site. He stated at the
neighborhood, traffic was a big concern. They were contributing $16,000 for a traffic study
and would discuss results with the City Engineer. The neighborhood noted they did not want
a high-rise. They were seeking units below the $400,000 range and encouraged by the
neighborhood to do that. There would be four stages to development that would include a
new home for Hoigaard's and 70 condos, and possibly some row homes. They compared this
with a project in Denver that also had single-family row homes. The neighborhood
expressed concerns about single-family homes. Apartments were also a possibility. They
were concerned about the critical mass of the whole project and if it didn’t all go from
commercial to residential, he didn’t believe there would be interested buyers. Mr. Reevers
did not want to sell. They discussed access with MnDot, who didn’t see any problems. They
also tried to modify their relationship with Hoigaard's who were now more of a partner and
also had a purchase agreement.
Councilmember Finkelstein believed the amount of TIF requested should be reduced. Mr. Dunbar
noted that they needed $3.4 million to clear the site, do modifications to utilities and prepare the
site to build. They would work with staff on the other $2.5 million required for enhancements.
Councilmember Finkelstein noted that the City would essentially be paying half of the
purchase of Hoigaard's.
Mr. Dunbar did not believe they should make a correlation between the purchase price and
the TIF funding. He was doing site clearance and would be subject to audit of the pro forma.
He did not have a problem with the look back provision.
Councilmember Sanger believed a critical factor was whether Hoigaard's was rebuilt on this site.
Mr. Dunbar stated that the agreement they had allowed Hoigaard’s time to decide. He would
work to get them into a new facility. He envisions designs with and without Hoigaard's.
St. Louis Park City Council Meeting
Item: 060605 – 3b – Study Session Minutes May 16, 2005
Page 2
Councilmember Sanger thought that sounded like a “chicken and egg” issue and the answer
goes to the TIF financing.
Councilmember Basill met with Elmwood neighborhood leadership who had four main
concerns: 1) Traffic (getting onto Highway 7); 2) Hoigaard’s remaining in the
neighborhood; 3) There be no high-rise; and, 4) A concern about the buildings on the corner.
Some people didn’t want the project to occur until the traffic issue was resolved.
Councilmember Velick agreed that the main concern was traffic. She was not sure if more
people could go onto that site. If they needed $2.1 million in enhancements, would that be an
appropriate use of money to correct what MnDot hadn’t done? Mr. Locked replied no. They
had not done an in depth analysis of TIF.
Councilmember Velick added that she would like to see Hoigaard’s stay on the site as well.
Councilmember Finkelstein agreed that Hoigaard’s was beloved in the community, but they
had an obligation to the community. This was a lot of money and he believed there should
be two separate TIF issues if the property on the North cost too much money.
Mr. Dunbar didn’t believe that would work. They needed the entire site to interest buyers. If
they didn’t present critical mass to buyers, they would not get them.
Councilmember Finkelstein referred to the building on 36th. Did they anticipate the City will
need to become involved with those? Mr. Dunbar responded that the neighborhood had
questions about those properties. They had no interest in doing anything with those sites
because the properties were too narrow.
Councilmember Basill asked if those businesses met the parking requirements? Mr. Locke
responded that they were grandfathered.
Mr. Dunbar noted they had a site plan including those sites as green space.
Councilmember Santa asked where the storm water would go? Mr. Dunbar responded they
had not done drawings to that detail yet. They were only in conceptual stages.
Councilmember Sanger asked if they believed that too many condos were being built? Mr.
Dunbar believed that the price point was key. If they stayed lower, they would last longer.
There is an expanded base of single individuals buyer.
Councilmember Sanger asked the price range? Mr. Dunbar responded 1 BR would be
$240,000 (7 units); 1 BR with den would be $265,000 (12); 2 BR would be $320,000 (12);
and, 2 BR with den would be $380,000 (12). They could take three one-bedroom units and
make them two bedroom.
Councilmember Sanger was troubled that there were too many one-bedroom units, which
would not attract families. She suggested having fewer units, but making them bigger.
St. Louis Park City Council Meeting
Item: 060605 – 3b – Study Session Minutes May 16, 2005
Page 3
Mr. Dunbar indicated they had the adaptability to change the unit size and could appeal to a
broad mix of people.
Mr. Harmening asked the total value of the project when built? Mr. Dunbar responded $82 million.
Councilmember Basill stated there was a differentiation between the project further down
Excelsior. This project included older buildings that needed to be redeveloped. They were
not ridding the other location of blighted buildings. He was willing to look at making
improvements on older buildings. The major concern was traffic. There should be
infrastructure there and Dot supporting this.
Mr. Locke stated the intent of the discussion was for the EDA to give the go-ahead to work
on this project.
Councilmember Finkelstein requested more information on the TIF and to receive written
communication if the extra land became green space.
2. Adjournment
The meeting adjourned at 7:02 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
Item: 060605 - 4a - Administrative Forfeiture Fee Ordinance
Page 1
4a Motion to approve second reading of an ordinance amending Chapter 16 of the St.
Louis Park municipal code establishing an administrative fee in vehicle forfeiture
cases, and to approve the summary and authorize publication.
Background:
Minnesota Statute 169A.63 allows law enforcement agencies to seize vehicles for forfeiture upon
commission of a designated offense. Vehicles seized by the City for forfeiture are generally sold
at auction and the proceeds received, after expenses, are used for DWI-related enforcement,
training, and community education. Vehicles attached to liens or leased vehicles where the driver
is not the sole owner of the vehicle are released to the secured party as part of a forfeiture
mitigation agreement. Costs incurred for towing and storage of the vehicle are paid by the
vehicle owner and/or the secured party at the time the vehicle is released; however, the attorney
costs associated with court actions and development of the forfeiture mitigation agreement are
paid by the City.
At the Council meeting on May 16, 2005, the Council approved first reading of an ordinance
establishing a $250.00 fee to be charged to the secured party as part of the mitigation agreement
to offset the costs incurred by the City. Staff is now recommending approval of the second
reading and adoption of the ordinance.
Attachments: Ordinance Summary
Ordinance establishing administrative fee in forfeiture cases.
Prepared By: John D. Luse
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4a - Administrative Forfeiture Fee Ordinance
Page 2
SUMMARY
ORDINANCE NO. 2291-05
AN ORDINANCE AMENDING CHAPTER 16 OF THE MUNICIPAL CODE
This ordinance states that all vehicles seized by the City for forfeiture and subsequently released
to the vehicle owner or secured party shall be assessed a $250.00 fee to recover certain
administrative costs incurred by the City during the forfeiture process.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council June 6, 2005
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: June 15, 2005
St. Louis Park City Council Meeting
Item: 060605 - 4a - Administrative Forfeiture Fee Ordinance
Page 3
ORDINANCE NO. ________-05
AN ORDINANCE AMENDING THE ST. LOUIS PARK
MUNICIPAL CODE CHAPTER 16: LAW ENFORCEMENT
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 16 of the St. Louis Park Municipal Code is hereby amended to
add:
Sec. 16-34. Administrative fee in certain vehicle forfeiture cases.
All vehicles seized by the City for forfeiture pursuant to Minn. Stat. Sec. 169A.63 that are
subsequently released to a secured party or lessor as part of a forfeiture mitigation agreement
with the City shall be assessed an administrative fee, payable to the City prior to release of the
vehicle. This fee shall be assessed in addition to, and shall not limit the City's right to assess and
recover other costs incurred by the City in seizing and holding the vehicle, such as towing and
storage fees. The fee shall be set from time to time by the City and included in the schedule of
fees listed as Appendix A to the City code.
SECTION 2. The fee called for in Section 1 above shall be set at $250, and shall
be included in Appendix A of the City code with other fees and charges called for by
ordinance.
SECTION 3. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council __________, 2005
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Meeting
Item: 060605 - 4b - CDBG Joint Cooperative Agreement
Page 1
4b Motion to Approve a Resolution Authorizing the Execution of a Joint
Cooperation Agreement between the City of St. Louis Park and Hennepin
County for Participating in the Urban Hennepin County Community
Development Block Grant Program in FY 2006- 2008.
Background:
The Joint Cooperation Agreement sets forth broad shared powers for carrying out
housing and community development activities. The U.S. Department of Housing and
Urban Development (HUD) requires the agreement in order for Hennepin County to
qualify as an urban county and receive Community Development Block Grant (CDBG)
and HOME Investment Partnership Program (HOME) entitlement funds.
The purpose of the Agreement is to authorize Hennepin County and St. Louis Park to
cooperate to undertake community renewal and lower income housing assistance
activities for the benefit of eligible St. Louis Park residents to be funded from the annual
CDBG and HOME appropriations for Fiscal Years 2006, 2007 and 2008. The current
Joint Cooperation Agreement expires this year, and the new agreement would become
effective October 1, 2005.
Recommendation:
Staff recommends the City Council move to pass a Resolution authorizing the execution
of a Joint Cooperation Agreement between the City of St. Louis Park and Hennepin
County for continued participation in the Urban Hennepin County CDBG in FY 2006-
2008.
Attachments: Joint Cooperation Agreement Resolution
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Thomas K. Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4b - CDBG Joint Cooperative Agreement
Page 2
RESOLUTION NO. 05-080
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT
COOPERATION AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK
AND HENNEPIN COUNTY FOR PARTICPATION IN THE URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN FISCAL YEAR 2006 – 2008
WHEREAS, the City of St. Louis Park, Minnesota and the County of Hennepin
have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban
County under the United States Department of Housing and Urban Development
Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) Programs; and
WHEREAS, the City and County wish to execute a new Joint Cooperation
Agreement in order to continue to qualify as an Urban County for purposes of the
Community Development Block Grant and HOME Programs.
BE IT THEREFORE RESOLVED that a new Joint Cooperation Agreement
between the City and County be executed effective October 1, 2005, and that the Mayor
and the City Manager/Administrator be authorized and directed to sign the Agreement on
behalf of the City.
Given my hand and seal this ______day of _______, 2005
(seal)
Reviewed for Administration: Adopted by the City Council June 6, 2005
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
Item: 060605 - 4c - School District CATV funds
Page 1
4c. Motion to approve an operations grant of $35,000 from Cable TV franchise
fees to School District #283, at the recommendation of the
Telecommunications Advisory Commission.
Background: City as Grantor
The School District has received funding from Cable TV franchise fees since 1982, and
since 1996 the Telecommunications Commission has reviewed the District’s request and
recommended action to the City Council. The Commission has traditionally felt that
franchise fees should be used to produce programming and District video text display for
Educational Access Channel 14, which benefits all Cable TV viewers.
Starting in 1998, the Commission recommended separate grants for operations and
equipment, basing the equipment grants on District proposals. These grants are just a
part of the budget for educational access; the School District also financially supports
cable TV efforts. The equipment grant was discontinued in 2003 for budget reasons.
The City received an additional equipment grant of $100,000 from Time Warner Cable
on December 31, 2003, and granted about 1/3 of that ($31,500) to the School District in
2004.
In 2001, at the request of the School District and Commission, the Council increased the
operations grant to $35,000, which covers most of the District Video Technician’s salary
and benefits.
At the May 5, 2005 meeting, the Telecommunications Commission unanimously passed a
motion to approve the District’s request for a $35,000 operations grant for 2005. No
equipment grant was requested.
There is no requirement in the franchise to provide franchise fees to the School District
for their cable TV operations.
Budget Information
Franchise fees collected from Time Warner Cable have grown because of annual price
increases and the rapid growth of digital cable services. The City hasn’t received
franchise fees on Road Runner customers since March, 2002, when the Federal
Communications Commission reclassified high speed data as “information services,” not
cable services.
Time Warner Cable customers
Date Total customers Basic only Road Runner Digital Cable
3/2001 13,024 1,843 1,467 2,066
3/2002 12,997 1,607 2,650 3,351
3/2003 12,981 1,833 3,592 3,292
3/2004 13,207 1,849 4,318 3,602
3/2005 13,199 1,904 5,461 3,658
St. Louis Park City Council Meeting
Item: 060605 - 4c - School District CATV funds
Page 2
School District Grant History from Cable TV franchise fees
Year Operations
Grant
Equipment
Grant
Total School
District Grant
Franchise
Fees
Additional funding
(franchise required
equipment grant)
1994 25,000 18,000 Est. 43,000 170,561 72,000
1995 25,000 25,000 184,860 -
1996 25,000 25,000 213,706 -
1997 25,000 25,000 233,781 -
1998 25,000 8,000 33,000 255,387 --
1999 25,000 36,167 61,167 279,970 86,000
2000 25,000 12,900 37,900 310,713 Digital services
introduced June, 2000
2001 35,000 15,000 50,000 379,000 -
2002 35,000 38,000 73,000 385,545 -
2003 35,000 0 35,000 368,917 -
2004 35,000 31,500 (from
$100K grant)
66,500 Estimate
390,000
100,000, received
12/31/03
2005 Propose
35,000
0 Propose 35,000 Estimate
405,000
-
Recommendation
Motion to approve payment to the School District of an operations grant of $35,000 for
2005.
Prepared by: Reg Dunlap and John McHugh, TV Coordinators
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4d - Police Dept Roof Replacement
Page 1
4d. Facilities Superintendent’s Report: Motion to adopt the attached resolution
accepting this report, establishing and ordering Capital Improvement Project No.
20051700, approving plans and specifications, and authorizing advertisement for
bids to replace the roof system on the Police Department building.
Background: The Police facility was built in 1993 with a roofing system known as a single ply-
membrane with surface ballast. The system was installed to the specifications of the manufacturer;
this type of system has an estimated life of only 10-12 years. The fact that the Police Department
building has multiple levels on the roof tends to further shorten the estimated roof life.
Additional Information: The City hired Inspec, Inc., a consulting firm specializing in roofing
systems to conduct a survey of the Police Department roofing system in late 2004. They
recommended immediate replacement due to deterioration of the membrane along with extreme
difficulty in our ability to be able to monitor the membrane for failure. Staff then proceeded to hire
Inspec to develop plans and specifications to replace the existing roof with a three (3) ply built-up
roofing system incorporating the latest in design updates. This is a proven system that has a life
expectance of approximately 20 years.
Special Note: The re-roof project is being coordinated with the HVAC upgrade project (CIP Project
20051600) so that modifications needed to accommodate the new HVAC equipment are incorporated
into the new roof as it is installed.
Funding: This project is included in the 2005 Capital Improvement Plan funded by $200,000 from
the 2006 G.O. Bonds and $80,000 from the Municipal Buidling Fund. The cost estimated is as
follows:
Professional Services $ 10,500
Construction Cost and 10% Contingency $269,500
Total $280,000
Project Timetable: Listed below is the anticipated timetable for this project:
Report to City Council June 6
Advertise for bids June 16
Bid Opening June 28
Bid Tab Report to City Council July 5
Construction Completed by September 15
Recommendation: Staff recommends adopting the attached resolution which accepts the Facilities
Superintendent’s Report, establishes and orders Capital Improvement Project 20051700, approves
plans and specifications, and authorizes advertisement for bids for the replacement of the roof system
on the Police Department facility.
Attachment: Resolution
Submitted By: John Altepeter, Facilities Superintendent
Reviewed By: Scott Merkley, Public Works Coordinator
Mike Rardin, Public Works Director
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4d - Police Dept Roof Replacement
Page 2
RESOLUTION NO. 05 - 081
RESOLUTION ACCEPTING THE FACILITIES SUPERINTENDENT’S REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 20051700,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 20051700
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Facilities Superintendent related to the replacement of the roof system on the Police Department
building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Facilities Superintendent’s Report regarding the replacement of the roof system on the
Police Department building is hereby accepted.
2. The proposed project, designated as Project No. 20051700, is hereby established.
3. The plans and specifications for the making of the improvement, as prepared under the
direction of the Facilities Superintendent, are approved.
4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of said
improvement under said-approved plans and specifications. The advertisement shall appear
not less than ten (10) days prior to the date and time bids will be received by the City Clerk,
and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
5. The bids shall be tabulated by the Facilities Superintendent who shall report his tabulation
and recommendation to the City Council.
Attest: Adopted by the City Council June 6, 2005
City Clerk Mayor
Reviewed for Administration:
City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4e - HVAC System
Page 1
4e. Facilities Superintendent’s Report: Motion to adopt the attached resolution
accepting this report, establishing and ordering upgrades to HVAC Systems at the
Police Facility, approving plans and specifications, and authorizing advertisement
for bids to upgrade the HVAC Systems – Capital Improvement Project 20051600
Background:
The Police facility was built in 1993. The AC compressors and related mechanical components were
sized and specified to bare minimum requirements; thus, the equipment that was installed was
undersized and inefficient. This results in a system that can barely handle the normal load
requirement, let alone high demand situations. This has been known since the end of the first cooling
season. The situation is so bad that in order to keep the condensers operating, staff runs sprinklers on
the coils when external temperatures reach 85 degrees or higher. The system problems are further
compromised by the fact that the condensers are in an enclosed space which restricts air flow to
them.
Proposed Solution:
Replacement of the equipment with components that are properly sized to meet the heating and
cooling demands and relocation of the equipment to allow for proper air flow. City Staff has hired a
mechanical engineer to design and prepare specifications for replacement equipment as well as to
coordinate necessary electrical and structural engineering requirements.
The Goals:
o Optimize operating efficiencies by utilizing multi-stage air conditioning compressors
relocated out onto the open roof for increased air flow.
o Size the units to handle known operating conditions.
o Optimize the comfort level of the building’s occupants.
Special Note:
This project is being coordinated with the Police Facility Re-Roofing project (CIP Project 20051700)
so as to include the necessary roof modifications to accommodate the new equipment and thus reduce
redundant costs.
Funding:
This project is included in the 2005 Capital Improvement Plan with funding from the Municipal
Building Fund. The cost estimate is as follows:
Professional Services $ 7,000
Construction Cost and 10% Contingency $ 76,650
Total $ 83,650
Project Timetable:
Listed below is the anticipated timetable:
Report to City Council June 6
Advertise for bids June 16
Bid Opening June 28
Bid Tab Report to City Council July 5
Construction Completed by September 15
St. Louis Park City Council Meeting
Item: 060605 - 4e - HVAC System
Page 2
Recommendation:
Staff recommends adopting the attached resolution which accepts the Facilities Superintendent’s
Report, establishes and orders Capital Improvement Project 20051600, approves plans and
specifications, and authorizes advertisement for bids for the replacement of the Air Conditioning
system on the Police Department facility.
Attachment: Resolution
Submitted By: John Altepeter, Facilities Superintendent
Reviewed By: Scott Merkley, Public Works Coordinator
Mike Rardin, Public Works Director
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4e - HVAC System
Page 3
RESOLUTION NO. 05 - 082
RESOLUTION ACCEPTING THE FACILITIES SUPERINTENDENT’S REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 20051600,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 20051600
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Facilities Superintendent related to the upgrades to HVAC Systems at the Police Facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The Facilities Superintendent’s Report regarding the replacement of the HVAC system on the
Police Department building is hereby accepted.
2. The proposed project, designated as Project No. 20051600, is hereby established.
3. The plans and specifications for the making of the improvement, as prepared under the
direction of the Facilities Superintendent, are approved.
4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of said
improvement under said-approved plans and specifications. The advertisement shall appear
not less than ten (10) days prior to the date and time bids will be received by the City Clerk,
and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
5. The bids shall be tabulated by the Facilities Superintendent who shall report the final
tabulation and recommendation to the City Council.
Attest: Adopted by the City Council June 6, 2005
City Clerk Mayor
Reviewed for Administration:
City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4f - Res Confirming Appointment to BCWMD
Page 1
4f. Motion to adopt resolution ratifying appointment of Citizen Representative to the
Basset Creek Watershed Management District
Background:
At the meeting of March 21, 2005, Council moved to appoint Richard Johnson as Citizen
Representative to the Basset Breek Watershed Management District. The Watershed district has
requested that the City forward a resolution of appointment to them. Since the original
appointment was made by motion and not by resolution, staff is presenting a resolution at this
time.
Prepared By: Cindy Reichert, City Clerk
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4f - Res Confirming Appointment to BCWMD
Page 2
RESOLUTION NO. 05-083
RESOLUTION APPOINTING RICHARD JOHNSON, COMMISSIONER
AND SALLY VELICK, ALTERNATE COMMISSIONER,
TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION
WHEREAS, the City of St. Louis Park is partially located in the Bassett Creek
Watershed Management Commission area and is required under state law to manage its storm
water runoff; and
WHEREAS, the Bassett Creek Watershed Management Commission has been organized
under Minnesota State Statutes to manage the storm waters of cities whose boundaries fall within
the water management area; and
WHEREAS, the City of St. Louis Park has adopted a Joint Powers Agreement joining
the Bassett Creek Watershed Management Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council, that the City of St.
Louis Park:
1. Appoint Richard Johnson as Commissioner to the Bassett Creek Watershed Management
Commission to a three (3) year term beginning March 21, 2005 and expiring January 31,
2008.
2. Appoint Sally Velick, as the Alternate Commissioner to the Bassett Creek Watershed
Management Commission to a three (3) year term beginning February 1, 2005 and
expiring January 31, 2008.
BE IT FURTHER RESOLVED that the City Clerk shall, within 30 days of its
adoption, file a certified copy of this resolution with the Secretary of the Commission.
Attest: Adopted by the City Council June 6, 2005
City Clerk Mayor
Reviewed for Administration:
City Manager
St. Louis Park City Council Meeting
Item: 060605 - 4g - Minutes Fire Civil Serv Comm April 1, 2005
Page 1
MINUTES
FIRE CIVIL SERVICE COMMISSION
April 1, 2005 – 8:00 a.m.
FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL
1) The meeting was called to order at 8:00 a.m. by President MacMillan.
2) In attendance were Commission President William MacMillan, Commissioners David Lee and
Marjorie Douville. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison;
Luke Stemmer, Fire Chief; Mark Nelson, Firefighter and Bill Ryan, Union President.
3) A motion was made by Commissioner Lee, seconded by Commissioner Douville to accept the
minutes from the February 7, 2005 meeting. The motion carried unanimously.
4) President MacMillan asked Chief Stemmer for an update regarding the possible changes to the
Rules and Regulations of the Fire Civil Service Commission.
¤ The change requested would add the following language to Rule Four, Section 2 of the
Rules and Regulations of the Fire Civil Service Commission:
o “The Commission may reject an Eligibility Register prior to its expiration and direct
the creation of a new Eligibility Register if it is deemed to be in the best interest of
the department.”
¤ Chief Stemmer explained the reason for the requested change. The current Eligibility
Register for Fire Captain only has 2 names on the list. Because he would like 3 names to
choose from, there will need to be another testing process. In addition, the Chief would
like to modify the testing process. Therefore, based on legal counsel, he is requesting the
change to the Rules so that the current list can be rejected and a new process started, using
the new modified testing process.
¤ President MacMillan asked for the union’s opinion on this issue. Union President Bill
Ryan expressed his concerns with the previous testing process. He felt management had
too much say in the process resulting in impartiality and he also felt seniority should be
weighted more heavily. By contrast, Mr. Ryan also asked about the 2 candidates currently
on the Fire Captain Eligibility Register. He felt these candidates had no incentive to re-test
in a new process since they had already completed one successfully. In addition, Mr. Ryan
did not think it was efficient to change the testing process each time there was a
promotional opportunity.
¤ Commissioner Lee indicated he did not have a problem with the proposed rule change
because technically, the City could do it currently and not violate statute since the
Appointing Authority has the statutory ability to eliminate any or all names on the list.
¤ There was some discussion on the testing process, which included a written exam, peer
review, in-basket exercise, oral interview, and computer simulation. The Chief confirmed
that the Commission has the authority to make changes in the testing process when we
bring it to them for approval. Chief Stemmer also explained that the current process was
developed after a discussion with the Firefighters in which they had requested a more
objective process. President MacMillan expressed concern that the peer-review gave 5%
weight to peers and 15% weight to managers.
¤ Firefighter Nelson raised concerns that his final interview was with the Battalion Chiefs,
not the Fire Chief. Also he doesn’t understand why the Chief wants 3 certified names
when it isn’t specifically required by statute. Union President Ryan stated that if the
2
Commission rejects the current Eligibility Register, they are not giving the Appointing
Authority the opportunity to review the candidates and reject them. Firefighter Nelson
also wanted to know what the Department was doing to improve the candidate pool in the
event of a new testing process. There is a possibility of only 2 people passing again.
¤ There was discussion regarding the place of seniority in the testing process. Commissioner
Lee felt that seniority alone should not be a deciding factor in promotions. President
MacMillan felt seniority and loyalty should be rewarded. He is concerned that if the
department promotes a culture of not respecting loyalty and seniority, many of our best
firefighters could leave and work for other cities. President MacMillan feels
uncomfortable changing the rules of the Commission while we still have two certified
names on the Fire Captain Eligibility Register. He feels that in future promotional
processes, employees may not be motivated to participate in the process if they know the
Commission can reject the list anyway.
5) Commissioner Lee made a motion to accept the changes to the Rules and Regulations of the Fire
Civil Service Commission which would add a sentence that states, “The Commission may reject
an Eligibility Register prior to its expiration and direct the creation of a new Eligibility Register
if it is deemed to be in the best interest of the department.” The motion was seconded by
Commissioner Douville. State statute mandates that changes to the rules of the commission must
be passed unanimously. Commissioner Lee asked that the method of vote be by roll call.
Commissioners Lee and Douville voted yes. President MacMillan voted no. Motion failed.
6) Other business: Firefighters Mark Nelson and Eva Schlegel were praised for completing a
difficult promotional process. Also, it was recommended that promotional testing procedures
should be discussed in Labor Management meetings. The Commissioners requested the Staff
Liaison to mail copies of previous promotional processes.
7) A motion was made by Commissioner Lee, seconded by Commissioner Douville to adjourn the
meeting. The Commission adjourned at 8:51 a.m.
Respectfully submitted,
Ali Fosse
City Staff Liaison to the Fire Civil Service Commission
St. Louis Park City Council Meeting
Item: 060605 - 4h - Minutes Parks & Rec Adv Comm April 20, 2005
Page 1
1
OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY COMMISSION
APRIL 20, 2005 at 8 P.M.
(Following the Off-Leash Dog Park Public Meeting)
REC CENTER PROGRAMMING OFFICE
MEMBERS PRESENT: Bruce Cornwall, Steve Hallfin, Kirk Hawkinson, Richard Johnson,
Sarah Lindenberg, Dana Strong, and Tom Worthington
MEMBERS ABSENT: George Foulkes
STAFF PRESENT: Rick Beane and Cindy Walsh
1. Call to order
Mr. Worthington, Chair, called the meeting to order at 8:15 p.m.
2. Adjustments to the agenda
3. Approval of Minutes from March 16, 2005
Mr. Cornwall moved to approve the minutes from the March 16, 2005 meeting, Mr.
Johnson seconded. The motion passed 8-0.
4. New Business
None.
5. Old Business
A. Off-Leash Dog Park Update
Ms. Walsh advised that comments were collected from attendees and from
correspondence received from individuals unable to attend the public meeting.
Commission members who attended thought the format and process of the
meeting were good. The goal was to listen to the ideas presented and overall the
meeting was positive. It was beneficial to have a 6 p.m. arrival with a 6:30 p.m.
presentation. The Task Force is scheduled to meet in May to discuss
recommendations which they will make to Council in June.
B. Update on the Commissioners’ Swim/Skate Event
Mr. Johnson advised the flyers for the event are not yet printed. Bill Gleason
prints the flyers for no charge when jobs allow. Mr. Johnson will distribute a job
duty list and Mr. Foulkes will follow-up. Staff will prepare pre-addressed
envelopes for distribution by Commission members to businesses in the event
they wish to send in a monetary donation.
C. Discuss a Letter to the Youth Associations
St. Louis Park City Council Meeting
Item: 060605 - 4h - Minutes Parks & Rec Adv Comm April 20, 2005
Page 2
2
Mr. Strong is working on a letter.
D. Discuss Attendance to the Appreciation Breakfast
Mr. Johnson advised RSVP’s are need by Friday, May 13 to order the food. Ms.
Walsh offered to contact Mr. Johnson on the 13th with the list of individuals
attending.
E. Excess City Land Update
Mr. Worthington advised members that approximately 200 people attended the
public meeting to discuss the City’s excess land. Many individuals inquired on
how to purchase the property whereas some individuals didn’t want the lots sold.
The Task Force will meet one more time prior to making their final
recommendations to the City Council.
6. Communications
A. Chair
Mr. Worthington advised there are 52 girls signed up for Lacrosse.
B. Commissioners
Ms. Lindenberg advised the members that she will be attending Bethel College in
the fall.
Mr. Hallfin advised the Little League Association drafted teams and 310 kids.
Mr. Johnson and Mr. Hawkinson volunteered to work at the Park ‘N Run event to
be held on Sunday, May 15.
C. Program Report
None.
D. Director’s Report
None.
7. Adjournment
Moved by Mr. Hallfin and seconded by Mr. Hawkins to adjourn. The motion passed 8-0.
With no further business, the Commission adjourned at 8:45 p.m.
Minutes prepared and
respectfully submitted by,
Cindy Walsh, Director of Parks and Recreation
and Stacy M. Voelker, Department Secretary
St. Louis Park City Council Meeting
Item: 060605 - 4i - Minutes Planning Comm May 4, 2005
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
May 4, 2005--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Lynne Carper, Claudia Johnston-
Madison, Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: Robert Kramer
STAFF PRESENT: Adam Fulton, Meg McMonigal, Nancy Sells, Cindy Walsh
1. Call to Order – Roll Call
2. Approval of Minutes of April 20, 2005
Commissioner Johnston-Madison asked that the following be added to her
comments regarding density for the proposed Meadowbrook Lofts project:
Page 3, paragraph 6: She said she was concerned that the City continues to build
higher density projects on major roadways. She went on to say that the City
should be looking at the long view on how to move traffic on its major internal
roadways. She said she would be voting against the request on that overall view.
Commissioner Robertson made a motion to approve the minutes of April 20, 2005
as amended. The motion passed 4-0.
3. Hearings
A. Conditional Use Permit – excavation of soil
Location: 4525 Morningside Road – Browndale Park
Applicant: City of St. Louis Park
Case No: 05-14-CUP
Adam Fulton, Associate Planner, presented the staff report. He explained that the
request is being made to allow for the excavation of over 400 cubic yards of soil
for the purpose of constructing a park shelter building.
Commissioner Johnston-Madison commented that a lot that has been included in
the City’s excess land study is shown as part of the Browndale Park in the map
provided by staff. Mr. Fulton said the lot is not used as part of the park.
Cindy Walsh, Parks and Recreation Director, explained that park areas and open
space areas are all shown as green on City maps so sometimes there is the illusion
St. Louis Park City Council Meeting
Item: 060605 - 4i - Minutes Planning Comm May 4, 2005
Page 2
that open space areas are park property or part of a park. Ms. Walsh went on to
say that during the planning process for the shelter there were a number of
questions from the neighborhood about impacts to the City owned land. She said
the construction at the park will not impact the City lot.
Commissioner Johnston-Madison said that to avoid confusion the park maps,
including Browndale Park, should no longer include adjacent open space lots.
Ms. Walsh said that was an excellent idea.
Chair Carper asked if the park would be closed during construction activities. He
asked about the length of construction activities.
Ms. Walsh responded that the construction area will be fenced off and the rest of
the park will be open during the duration of construction work. Demolition has
already occurred, and construction is planned throughout the summer and into
early fall. She said the entire south end of the park will be usable and not
impacted by construction. The Browndale playground program has been moved
to Susan Lindgren School.
Chair Carper asked about community input on the building design and amenities.
Ms. Walsh said eight meetings have been held with the Browndale neighborhood
association on the park shelter building over the last year. The entire plan was
unveiled at the association’s annual meeting in February.
Chair Carper opened the public hearing. As no one was present who wished to
speak, the Chair closed the public hearing.
Commissioner Robertson made a motion to recommend approval of the
conditional use permit. Commissioner Johnston-Madison seconded the motion.
The motion passed 4-0.
Commissioners Bissonnette and Timian arrived at 6:15 p.m.
4. Unfinished Business
A. Commissioner Morris said at one time the City indicated an interest in
filling an area of City-owned land near Excelsior Blvd. and Monterey
Blvd. to add additional parking. He suggested that fill materials from
Browndale Park could be brought to that site.
Ms. McMonigal responded that the City is not going forward with any
parking at that area at this time. She said that possibility was looked at
St. Louis Park City Council Meeting
Item: 060605 - 4i - Minutes Planning Comm May 4, 2005
Page 3
extensively last fall. She added that the Browndale Park project will bring
fill in rather than remove fill.
Commissioner Morris asked about fill material at the new Volkswagen
dealership on Highway 100. His recollection from the PUD approval was
that the used car dealership was going to remain. He said that it has been
demolished and that a huge mountain of fill material remains on site. He
asked if there is a proposed development for the site. He asked how long
the City allows developers to store excavation material on site.
Ms. McMonigal said she would look into those questions and report back
to the Planning Commission.
B. Other
Chair Carper asked Ms. McMonigal when the Planning Commission
should address recent revisions suggested for the Commission’s Rules of
Procedure. Ms. McMonigal said she needed to discuss the questions
raised about Section 3. regarding quorum with the City Clerk’s office.
Commissioner Robertson said he preferred to wait until all proposed
revisions were available so that one action could be made for the
amendment. Chair Carper agreed.
5. New Business
6. Communications
A. Recent City Council Action – May 2, 2005
7. Miscellaneous
8. Adjournment
Commissioner Robertson moved to adjourn the meeting at 6:20 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
May 18, 2005--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison,
Robert Kramer, Dennis Morris, Carl Robertson
MEMBERS ABSENT: Michelle Bissonnette, Jerry Timian
STAFF PRESENT: Judie Erickson, Adam Fulton, Meg McMonigal,
Nancy Sells
1. Call to Order – Roll Call
Chair Carper called the meeting to order at 6:00 p.m.
2. Approval of Minutes of May 4, 2005
The minutes of May 4, 2005 were approved on a vote of 5-0.
3. Hearings
A. Comprehensive Plan Map Amendment from Industrial to Commercial and
Zoning Map change from I-G General Industrial to C-2 General
Commercial to construct a new store
Location: 7115 West Lake Street
Applicant: Sam’s Club
Case Nos: 05-17-CP & 05-16-Z
Adam Fulton, Associate Planner, presented the staff report.
Dave Sellegren, attorney representing Sam’s Club, spoke about plans for a CUP
which were approved last year. He explained that Sam’s Club chose not to
utilize that CUP given the cost of the retrofit, inefficiency, and significant costs
related to storm water management and soil remediation. The outcome resulted
in the decision to build a brand new building. Mr. Sellegren said once that
decision was made they discussed the best way to make the site work. He
explained that the current proposal would allow the building to be located on the
north end of the site closer to Highway 7, with parking to the rear. He discussed
the proposed screen wall along the north side of Lake Street. Mr. Sellegren
commented on the traffic study conducted last year and said Sam’s would follow
all of the recommendations made at that time.
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 2
Ms. McMonigal, Planning and Zoning Supervisor, stated that the City would
require an update to the traffic study with the CUP to look at the different
configuration of the building and access points.
Ms. McMonigal noted that the commercial site to the east, referred to as the
Golden site, is anticipated to be a light industrial use in the future.
Chair Carper opened the public hearing. The Chair closed the public hearing as
no one was present wishing to speak.
Commissioner Morris said he had no issues with the development and understood
the logic of switching the land use to commercial. He said he was concerned,
however, with the incremental loss of industrial land and business opportunities in
the City. He quoted from the Comprehensive Plan, saying that in 1956 eight
companies occupied 63% of industrial land in the city; in 1998 9% of the city’s
land area was in industrial use. He stated that the corridor along Lake Street and
behind it on Belt Line is prime industrial area. He asked if the City wants to take
an opportunity to continue with an existing use which is functional or lose future
industrial uses which may be detrimental to the City. Commissioner Morris said
the Comp Plan also speaks to the reasons the land is being lost—Industrial land is
switching to commercial and also being used for development, such as the former
Honeywell site. He asked what is being set aside for industrial parks and future
industrial businesses. He asked what increase in industrial land value can be
anticipated when the City continues to concede industrial land to big box retail
and residential development.
Ms. McMonigal said the City has just begun an Industrial Study. A data base on
buildings, properties, uses, and businesses will be collected so that the City can
look at all the issues Commissioner Morris mentioned.
Commissioner Morris asked if it would be appropriate to place a moratorium on
zoning changes while the study is being conducted. Ms. McMonigal said that was
a possibility, although it would be desirable to maintain flexibility. She said staff
could look at the potential threats to industrial land and determine if a moratorium
would be appropriate.
Commissioner Robertson said he agreed with Commissioner Morris’ concern
about the loss of industrial land. He said he doesn’t like zoning changes at a
street. He doesn’t like to make zoning changes solely to meet developer’s
needs. He went on to say that requests need to stand on their own and he doesn’t
believe Sam’s Club request does that. He suggested switching the northern
portion of the site to C-2 and the southern portion to I-G. That would meet the
applicant’s needs and still maintain an industrial link.
Commissioner Kramer said he agreed with Commissioners Morris and Robertson.
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 3
Chair Carper said he was concerned about the loss of industrial property which
generally resulted in lower paying retail jobs. He commented that the City is
faced with a change in the economy. He said the industrial land situation won’t
be affected if this particular property is reguided. He said he understands the
viewpoints expressed on retaining industrial property but said he feels the
proposed change is appropriate given the circumstances.
Mr. Sellegren said there is a bridge between true retail and service to business and
industry. He said Sam’s Club has a business membership category. More of
their sales are to business members than to individual members. Sam’s Club
has traditionally been in industrial areas because they viewed themselves as a
service entity to businesses generally.
Commissioner Morris asked if Sam’s Club would explore the suggestion made by
Commissioner Robertson to switch the northern portion to C-2 and the southern
portion to I-G.
Mr. Sellegren responded that they’d end up in the same place. It wouldn’t change
the actual use. They could explore that option if the Commission feels it is
desirable.
Commissioner Robertson said the switch would be about the principle to not
convert industrial land.
Ms. McMonigal commented that as a practical matter to start another rezoning
would set the applicant back about two months.
Commissioner Morris asked if Sam’s Club CUP was still valid.
Ms. McMonigal said the new proposal would allow the building to be built
toward the street with the parking behind. Without a rezoning they could build a
new building but the parking would still be in front.
Commissioner Johnston-Madison said she would vote to approve the request. It
is a very good use of the land and the current configuration of Sam’s Club needs
improvement. She said she believes the economy and the City are in transition.
Chair Carper said he understood the principle of the switch suggested by
Commissioner Robertson. He added that having one unified property with the
same zoning will be more advantageous in the future.
Ms. Erickson, Planning Coordinator, said the railroad right-of-way directly to the
south of the property is the SW LRT Corridor. A transit station is proposed at
Louisiana Avenue.
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 4
Commissioner Morris said it would have been helpful to know in the staff report
about the LRT station as well as anticipated changes to the Golden site. He
commented that the request is a difficult decision. The development is an
improvement to an existing site by a business that has been a neighbor for many
years.
Commissioner Robertson agreed that it is complex. He said even though he likes
what the developer is doing, it is still the wrong reason to make that change.
Commissioner Johnston-Madison asked Commissioner Robertson what the
alternative is for this site which was going to be a parking lot.
Commissioner Robertson said he was not sure. He said he simply doesn’t think
it makes good land use sense to reguide the property.
Chair Carper said he probably would be more concerned if the applicant wasn’t
looking at the existing property already as a C-2. He said the City needs to look
at what seems to be best for a particular area and what benefits the community as
a whole. With a LRT station moving in, there will probably be some kind of
development at the other end of the lot that would have a commercial orientation.
Mr. Sellegren asked Ms. McMonigal if the Golden site would be for
manufacturing uses.
Ms. McMonigal responded that it would probably be office warehouse/light
industrial.
Chair Johnston-Madison made a motion to recommend approval of the
Comprehensive Plan amendment to change the land use designation from
Industrial to Commercial and change the zoning designation from IG – General
Industrial to C2 – General Commercial. Chair Carper seconded the motion. The
motion passed 3-2 (Commissioners Morris and Robertson opposed).
B. Comprehensive Plan Amendment – Housing, Chapter D
(public hearing continued from April 20)
Applicant: City of St. Louis Park
Case No.: 05-06-CP
Ms. Erickson said the amendment incorporates the goals and implementation
strategies of the City’s Housing Summit. Charts, tables and text have also been
updated using 2000 Census data and 2004 and 2005 City data. She added that an
amendment regarding housing production goals will be presented later this year.
Ms. Erickson said that the Chair had faxed some structural editing comments to
her. Editing updates will be made prior to City Council consideration.
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 5
Chair Carper asked that the edits also be distributed to the Planning Commission.
Commissioner Johnston-Madison asked about language in the second paragraph
of page D-11. She thought the Commission had discussed changing the
language from: Currently, many families leave St. Louis Park when they outgrow
their homes to something like As noted on exist surveys, often families…. Ms.
Erickson said the change would be made.
As no one was present wishing to speak, Chair Carper closed the public hearing.
Commissioner Johnston-Madison made a motion to recommend approval of
amendment to Housing, Chapter D of the Comprehensive Plan 2000 – 2020
contingent upon review by the Metropolitan Council, and distribution of the
edited amendment to the Commission. Commissioner Robertson seconded the
motion. The motion passed 5-0.
Commissioner Morris asked if there was a need to change the plan by
neighborhood section of the Comp Plan for the Sam’s Club amendment.
Ms. McMonigal said staff would look into that.
4. Unfinished Business
A. Rules of Procedure
Ms. McMonigal discussed the revision proposed for Article III, Section 3
regarding quorum. She said the City Clerk indicated that virtually no business
should be conducted without a quorum.
Commissioner Morris discussed the procedure when a quorum isn’t present. A
statement would need to be made both for the cable audience and the public that
the meeting would not be held. Advance notification of absence is preferred, but
if members cannot attend a meeting at the last minute, it was suggested that they
contact Ms. McMonigal on her cell phone.
Commissioner Robertson made a motion to approve the revised Rules of
Procedure. Commissioner Kramer seconded the motion. The motion passed 5-0.
5. New Business
6. Communications
A. Recent City Council Action – May 16, 2005
B. Other
St. Louis Park City Council Meeting
Item: 060605 - 4j - Minutes Planning Comm May 18, 2005
Page 6
There was a discussion about excavation occurring at the new Volkswagen
dealership.
Commissioner Kramer asked if there was a more formal way to address
the loss of industrial land in the City. He asked how conversions can be
held off prior to completion of the Industrial Study. He asked how the
Planning Commission can better prepare itself for discussions regarding
rezoning of industrial land.
Ms. McMonigal said at the next Commission meeting a study session can
be held regarding the Industrial Study and related issues.
Ms. McMonigal added that as has been suggested, staff intends to take the
opportunity at Planning Commission study sessions to start discussing
background information that will be a prelude to the Comprehensive Plan
update of 2008. A session will be planned soon on transportation and
traffic issues, as well as an update on the Elmwood area.
Ms. McMonigal mentioned that Tom O’Neil, DSU, Inc., author of the
Twin Cities Condo Market Study, will give a presentation at the June 27th
City Council study session. The Planning Commission is invited to
attend.
7. Miscellaneous
8. Adjournment
The Chair adjourned the meeting at 7:25 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
Item: 060605 - 8a - Cedar Lake Road Trail Connection
Page 1
8a. City Engineer’s Report: Cedar Lake Road Trail Connection, Project No. 2004-
0303
This report considers the construction of an at grade trail linkage between Cedar Lake
Road and the Cedar Lake Regional Trail. The proposed project area is located at the
pedestrian bridge over the Burlington Northern Railroad and Regional Trail near the
Jewish Community Center.
Recommended
Action:
Motion to adopt the attached resolution accepting this report,
establishing and ordering Improvement Project No. 2004-0303,
approving plans and specifications, and authorizing
advertisement for bids.
BACKGROUND: The addition of a regional trail connection at this location was added to the
City’s Sidewalk, Trail, Bikeway and Crossing Plan in 2003. This site was identified by both
staff and area residents due to the lack of access to the regional trail in this area.
After reviewing options with the City Council at its September 27, 2004 Study Session, the City
hosted a neighborhood open house on October 5, 2004 to review alternatives developed by the
City’s consultant (TKDA & Associates) for a regional trail connection at Cedar Lake Road from
the south side of the pedestrian bridge to the Cedar Lake Regional Trail. Approximately 50
people attended the meeting. Based upon the comments and feedback submitted at that time, an
at-grade trail that follows the existing hillside was generally preferred. A project update was also
provided to the City Council at its April 11, 2005 meeting.
As a result, TKDA has completed additional work to refine the at grade/hillside plan further.
This plan was presented at a second neighborhood open house held on May 25, 2005.
Approximately 11 people attended the meeting, and favorable comments were generally
received. Some written comments were also received and are attached to this report.
ANALYSIS: The proposed trail (see attached plan) would meander along the hillside from the
end of the cul-de-sac on Cedar Lake Road, westerly to the Cedar Lake Regional Trail. The
proposed trail is 620 feet in length and was designed with a slope that meets the Americans with
Disabilities Act (ADA) guidelines (there is a nearly 21 foot elevation difference between the cul-
de-sac and the regional trail). The trail would be 8 feet in width with 2 foot safety clear zones on
either side and would be constructed of asphalt. No lighting is proposed to be installed.
The Minneapolis Park and Recreation Board (MPRB) owns the property where the trail would be
located. A permit application has been submitted to the Park Board, and reactions from Park
Board staff have been favorable. Preliminary conversations indicate we should be able to obtain
a permit from the MPRB for this project as proposed.
St. Louis Park City Council Meeting
Item: 060605 - 8a - Cedar Lake Road Trail Connection
Page 2
Design Considerations
A stairway is proposed near the upper portion of the new trail interconnect. This would be an
alternative for walkers or runners who wish to travel east into Minneapolis without
“backtracking” some additional distance over the entire trail linkage. Although optional, staff
considers that the stairway is warranted as people would likely continue to “short cut” through
the trees anyway without the steps.
The alignment of the trail was designed to minimize tree removal while attempting to follow the
existing ground contours. However, approximately 44 trees will need to be removed. Tree and
vegetation removals near the higher portion of the trail are generally “lower quality” species such
as poplar, birch, and buckthorn. The trail alignment has been refined to limit removals of oak
trees. Replacement trees, following the City’s tree replacement ordinance, will be installed. We
also received replacement suggestions from residents, and are working with the City
Environmental Coordinator to complete a suitable final plan. This may include hybrid elms,
aspens, and flowering shrubs such as dogwood.
The importation of approximately 5,800 cubic yards of fill material will also be needed to
construct the trail. As a result, a Conditional Use Permit (C.U.P.) will be required. Therefore,
the scheduling of a public hearing for the July 6 Planning Commission meeting is proposed. The
C.U.P. can subsequently be considered at the August 1 City Council meeting, along with bid
results.
Finally, two park benches are proposed to be installed at the two connection points to the
regional trail.
COST AND FUNDING: TKDA has provided an estimated construction cost of $114,000.
This cost also includes a 10% contingency. This cost does not include engineering, which is
estimated to be approximately $36,000. $150,000 was budgeted in the CIP for this project from
2006 General Obligation bond proceeds.
PROJECT TIMELINE: Should the City Council approve the City Engineer’s Report, the
following schedule is proposed:
• Approval of Plans/Authorization to Bid by City Council June 6, 2005
• Advertise for bids June - July
• Bid Opening July 21, 2005
• Bid Tab Report to City Council; Award contract August 1, 2005
• Commence Construction August 15, 2005
• Complete Construction September 30, 2005
Attachments: Resolution
Project Location Sheet
Plan Sheet of Proposed Construction (Supplement)
Written Comments from May 25, 2005 Open House Meeting
St. Louis Park City Council Meeting
Item: 060605 - 8a - Cedar Lake Road Trail Connection
Page 3
Prepared By: Scott A. Brink, City Engineer
Reviewed By: Michael Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8a - Cedar Lake Road Trail Connection
Page 4
RESOLUTION NO. __________
RESOLUTION.ACCEPTING THE CITY ENGINEER’S REPORT,
ESTABLISHING IMPROVEMENT PROJECT NO. 2004-0303,
APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2004-0303
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
City Engineer related to the Cedar Lake Road Trail Connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City Engineer’s Report regarding the Cedar Lake Road Trail Connection is hereby
accepted.
2. The proposed project, designated as Project No. 2004-0303, is hereby established.
3. The plans and specifications for the making of the improvement, as prepared under the
direction of the City Engineer, are approved.
4. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
newspaper and in the Construction Bulletin an advertisement for bids for the making of said
improvement under said-approved plans and specifications. The advertisement shall appear
not less than ten (10) days prior to the date and time bids will be received by the City Clerk,
and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
5. The bids shall be tabulated by the City Engineer who shall report the tabulation and
recommendation to the City Council.
Attest: Adopted by the City Council June 6, 2005
City Clerk Mayor
Reviewed for Administration:
City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8b - Dog Park Recommendations
Page 1
8b. Permanent Off-Leash Dog Park
The proposed action would allow for the creation of a permanent off-leash dog park in
Dakota Park.
Recommended
Action:
Motion to adopt the recommendations of the Off - Leash Dog
Park Task Force and authorize the creation of a permanent off –
leash dog park along the southeast edge of Dakota Park
Background
The off-leash dog park task force met four times and participated in one public meeting to
discuss a permanent park in St. Louis Park. The task force, along with input from staff, toured
and evaluated 14 potential sites in the City. The following criteria were considered when each
site was evaluated: a minimal size of one acre, varied terrain, adequate parking close to the site
(or the potential to create parking), easy street access, and close to trails for walking dogs once
they are on a leash. The task force also created a list of items they would like to see in a
permanent site which are: waste disposal areas, double entrance gate for control of pets, lighting
at the entrance, wood chips when necessary for mud control, minimum fence height of five feet,
more than one site if the sites are small, and portable restrooms for dog owners.
Staff sent a survey to the existing off-leash dog park permit holders of the interim site to obtain
information on the use of the site. Information on the current use of the interim off-leash dog
park was gathered from the surveys.
The task force held a public meeting on Wednesday, April 20 for residents to provide comments
on the top four sites selected. Residents had the opportunity to ask questions, talk to task force
members and staff, view aerial photographs of each site, and provide feedback on each site. The
four sites that the task force received comments on were: 40th and France (owned by the
Minneapolis Public Works Department), the west side of Cedar Knoll Park (was previously
proposed), the east side of Lake Victoria (was previously proposed), and the southeast end of
Dakota Park. A copy of the comments were included in your May 23 Study Session packet. An
additional e-mail was received on this matter which is attached to this report
Following the Council’s discussion on this matter at it’s May 23 Study Session, staff held a
resident meeting on June 2 at Dakota Park to review recommendations made by the Task Force
and confer with neighboring residents. Staff will provide an update on this meeting during the
Council meeting.
Staff also met with the Principal of Peter Hobart School to discuss the proposal for Dakota Park.
No concerns were expressed by the Principal regarding the proposed dog park
Task Force Recommendations
After reviewing the comments received from current users and those provided at the public open
house, the task force made the following recommendations:
St. Louis Park City Council Meeting
Item: 060605 - 8b - Dog Park Recommendations
Page 2
1. Create a permanent off-leash dog park along the southeast edge of Dakota Park. If possible,
open the new dog park during the summer of 2005.
2. Keep the current interim site at Bass Lake Preserve open for one year and use this time to
explore the possibility of opening a second dog park at 40th and France. (This site is owned
by the City of Minneapolis, and would require agreements with the cities of Minneapolis and
Edina.)
3. If an agreement can be reached with the cities of Minneapolis and Edina, open a second
permanent dog park at 40th and France.
4. If a dog park can’t be opened at the 40th and France site by the summer of 2006, and
development is slated for the Bass Lake Preserve area, open a second dog park at Cedar
Knoll Park.
Additional recommendations about dog park operations –
§ Allow all sizes of dogs to use the two recommended sites. If there are problems in the future,
a small site within the existing areas could be reserved for smaller dogs.
§ Encircle the dog park with a fence that is five feet high. Consider starting vines along the
fence to buffer the neighbors from the view of the chain link fence.
§ Include a double gate entrance at each site.
§ Research the cost of lighting the parking lots at each site.
§ Consider having the off-leash dog park permit coincide with the dog licensing terms so that
both renewal notices could be sent at the same time.
§ Research the feasibility of offering on-line purchasing of the dog park permit and dog
license.
§ Send permit tags to dog park visitors to display while in the dog park.
§ Consider giving a discount to St. Louis Park residents who purchase a permit for more than
one dog.
The Parks and Recreation Advisory Commission passed a motion at their May 18 meeting to
endorse the recommendations of the task force.
Recommendation
Representatives from the task force and staff recommend creating a permanent off-leash dog
park along the southeast edge of Dakota Park.
Attachments: Dakota Park Map
Copy of e-mail on off-leash Dog Park
Prepared By: Cynthia S. Walsh, Director of Parks and Recreation
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8b - Dog Park Recommendations
Page 3
-----Original Message-----
From: Joe53bb@aol.com [mailto:Joe53bb@aol.com]
Sent: Saturday, May 28, 2005 10:36 PM
To: Caroline Voss
Subject: DOG PARK
I know this letter is long, but I would implore you to read it all and hear my voice. I am not one to write
letters, and have never written to the council before, but I feel that in times like this, everyone's voice must
be heard.
First of all, I would just like to say thank you so much for your departments work on the off leash dog
park situation. I am an avid dog lover and I believe it is a wonderful thing to be able to offer such an area
to the residents of this city. That being said, I wanted to say a few things.
I just received your letter in the mail today that your department sent out and was pleased by
the progress that is happening in regards to the off leash dog park. However, I was very upset by many of
the negative comments that some of my fellow St. Louis Park residents had to offer.
I know, and agree, that all voices must be heard, but the logic many people used was faulty and shaky
at best, and I would hope it does not sway your decisions too greatly.
First of all, the equation of dog+child=danger is one born of complete ignorance and misunderstanding.
Yes, safety is always a concern, but some people's perceived danger of the situation is far higher than it
actually is.
Secondly, some sighted the "offensive smell and look" of the current dog park as a reason not to build
a new one. This is simply just false. Being an active user of the current dog park, I have never noticed
any offensive smells "emanating" from the dog park. As to the issue of how it looks, I suppose that that is
very subjective so it does not really matter what I say about that, but for the record, it does not offend me.
Third, the issue of noise was brought up a few times in the attached comments. When dogs are
together in an area, they actually tend to be quieter than if they were by themselves. This may seem
counter-intuitive, but anyone who visits the current dog park could most assuredly tell you that it is often a
very serene and quiet place.
My only real concern about the location of a dog park would be how much natural habitat has to be
destroyed to create the park. Personally, I would love it if the construction disturbed as little of the natural
surroundings as possible, but I realize this is hard.
Thank you very much for spending the time to listen to me. I am somewhat disheartened to read the
base accusations and false assumptions that my fellow residents have put forward, and I wanted to make
sure that the council knew that there was at least one more supporter of their decisions.
I know you are all very busy, but please feel free to respond to any thing I said in this letter. Thank you
once again!
-Scott
Joe53BB@aol.com
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 1
8c. Request of Emad Abed for a Comprehensive Plan land use amendment and a
Zoning map amendment for property located at 7200, 7202, 7250, 7252 Excelsior
Boulevard.
Case Nos. 04-71-CP and 04-72-Z
The applicant is requesting the City to reguide and rezone properties to allow a 7-story
condominium project. The project will also require a subdivision and PUD; those
applications may only be made following action on the Comprehensive Plan
amendment and rezoning.
Recommended
Action:
ü Motion to approve resolution amending the
Comprehensive Plan Land Use from Office to RC
contingent upon review of the Metropolitan Council,
approve summary publication and authorize publication.
ü Motion to approve first reading of ordinance amending
zoning map to change the designation from O-Office to
RC-Residential Commercial and set second reading for
June 20, 2005.
Site Data:
Comprehensive Plan :
Existing: Office and Industrial
Proposed: Residential High Density and Industrial
Zoning:
Current: O-Office, IG-General Industrial,
FF-Flood Fringe
Proposed: RC-Residential Commercial, IG-General
Industrial
Site Area: 11.6 acres
Current Use: Vacant, except for a non-conforming
billboard
Proposed Density: Approximately 30 units/acre (based on
buildable area only, 10.8 units per acre
based on entire parcel)
Ground Floor Area Ratio
Proposed 0.06
Allowed 0.25
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 2
Background:
The applicant is now proposing to reguide and rezone properties to allow for a 7-story,
125-unit condominium building on the subject property. This is a change from the staff
report of May 15, 2005, where the proposal was for a 6-story, 113 unit building. The
applicant is also proposing to increase the unit sizes from that previously presented to
attract more empty-nesters. The property is located within the regulatory 100-year
floodplain, and the applicant has negotiated with the property owner to the west to
replace floodplain storage on that property. Under this scenario a variance to allow
compensating storage to occur within the existing floodplain would not be required.
There is a wetland on a portion of the property, so the proposal will also require wetland
replacement and permits from the DNR and MCWD.
The Planning Commission held a public hearing on April 20, 2005, and recommended
approval of the requests on a vote of 5 – 1.
The City Council reviewed this request to reguide and rezone property at a study session
on May 9, 2005. There was considerable discussion about the continued strength of the
condominium market, the loss of office land, and the issues related to the floodplain.
Staff forwarded information regarding the Twin City condo market and current condo
developments in St. Louis Park. Issues related to traffic and floodplain will be addressed
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 3
more specifically when the applicant makes an application for an actual project. The
applicant has stated that a variance will not be required.
Changes from the previous staff report of May 15, 2005 (attached):
Since the previous staff report of May 15, 2005, the applicant has considered some of the
concerns of the City Council identified at the May 9, 2005 Study Session. The following
changes are being proposed:
ü The applicant is proposing a 7-story building instead of a 6-story building with
larger unit sizes to attract empty-nesters. The unit count would also be increased
from 113 to 125 units.
Previous Plan Revised Plan
No. Units Area No. Units Area
36 920 28 920
24 1040 28 1040
24 1220 28 1220
5 1370 6 1370
24 1570 28 1570
7 1840
ü The applicant has negotiated with the adjacent property owner to the west for
floodplain compensation. This will eliminate the need for a variance (see
attached exhibit).
Recommendation:
Staff and the Planning Commission recommend approval of the proposed Comprehensive
Plan Land Use amendment from Office to High Density Residential and the proposed
zoning map amendment to change the designation from O-Office to RC-High Density
Residential based upon restricted site access and traffic generation comparisons between
office and residential uses. Even though this amendment would move residential closer
to existing industrial property, new owners will move into a known condition.
If the Council chooses to deny the requests, the action would be to direct staff to prepare
resolutions of denial.
Attachments: Proposed Resolution approving Comprehensive Plan amendment
Proposed Ordinance approving Zoning Map change
Revised conceptual drawings, preliminary site, building plans, DJR
Architecture, Inc. memo (supplements)
May 16, 2005 staff report
Prepared by: Judie Erickson
Planning Coordinator 952-924-2574 jerickson@stlouispark.org
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 4
RESOLUTION NO. _____
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
7202 and 7252 EXCELSIOR BOULEVARD
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, said Plan will prepare the community for anticipated desirable
change, thereby bringing about significant savings in both private and public
expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning
activities of adjacent units of government, and
WHEREAS, the Comprehensive Plan is to be periodically reviewed by the
Planning Commission of the City of St. Louis Park and amendments made, if justified
according to procedures, rules, and laws, and provided such amendments would provide a
positive result and are consistent with other provisions in the Comprehensive Plan, and
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 5
WHEREAS, the Planning Commission of the City of St. Louis Park
recommended adoption of an amendment to the Comprehensive Plan 2000-2020 on April
20, 2005, based on statutes, the Metropolitan Regional Blueprint, extensive research and
analyses involving the interests of citizens and public agencies;
WHEREAS, the City Council has considered the advice and recommendation of
the Planning Commission (Case No. 04-71-CP);
WHEREAS, the contents of Planning Case File 04-71-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 as follows:
Change the land use designation as shown on the attached map from Office to
Residential High Density.
Reviewed for Administration: Adopted by the City Council June 6, 2005
Contingent upon review of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
04-71-CP:res-ord/2005
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 6
SUMMARY
RESOLUTION NO.________
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
7202 and 7252 EXCELSIOR BOULEVARD
This resolution states that the Comprehensive Plan land use designation of properties
located at 7202 and 7252 Excelsior Boulevard will be changed from Office to Residential
High Density.
Adopted by the City Council June 6, 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: June ___, 2005
04-71-CP:res-ord/2005
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 7
ORDINANCE NO.__________
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
7202 and 7252 EXCELSIOR BOULEVARD
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The City Council has considered the advice and recommendation
of the Planning Commission (Case No. 04-72-Z).
Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959,
Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended
December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further
amended by changing the zoning district boundaries by reclassifying the following
described lands from their existing land use district classification to the new land use
district classification as indicated for the tracts as hereinafter set forth, to wit:
Tracts B and C, Registered Land Survey No. 1674
from O - Office to RC – High Density Residential.
Section 3. The contents of Planning Case File 04-72-Z are hereby entered into
and made part of the public hearing record and the record of decision for this case.
Section 4. The ordinance shall take effect upon Metropolitan Council review
of associated Comprehensive Plan amendment.
Adopted by the City Council June 20, 2005
Reviewed for Administration
City Man ager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
04-72-Z:res-ord/2005
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 8
May 16, 2005
City Council Report
8d. Request of Emad Abed for a Comprehensive Plan land use amendment and a
Zoning map amendment for property located at 7200, 7202, 7250, 7252 Excelsior
Boulevard (Meadowbrook Lofts).
Case Nos. 04-71-CP and 04-72-Z
The applicant is requesting the City to reguide and rezone properties to allow a 6-story
condominium project. The project will also require a subdivision and PUD and may
require a variance; those applications may only be made following action on the
Comprehensive Plan amendment and rezoning.
Recommended
Action:
ü Motion to approve resolution amending the
Comprehensive Plan Land Use from Office to RC subject
to review by the Metropolitan Council, approve summary
publication and authorize publication.
ü Motion to approve first reading of ordinance amending
zoning map to change the designation from O-Office to
RC-Residential Commercial and set second reading for
June 6, 2005.
Site Data:
Comprehensive Plan :
Existing: Office and Industrial
Proposed: Residential High Density and Industrial
Zoning:
Current: O-Office, IG-General Industrial,
FF-Flood Fringe
Proposed: RC-Residential Commercial, IG-General
Industrial
Site Area: 11.6 acres
Current Use: Vacant, except for a non-conforming
billboard
Proposed Density: Approximately 27 units/acre (based on
buildable area only, 9.8 units per acre based
on entire parcel)
Ground Floor Area Ratio
Proposed 0.06
Allowed 0.25
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 9
Background:
The applicant is proposing to reguide and rezone properties to allow for a 6-story, 113-
unit condominium building on the subject property. The property is located within the
regulatory 100-year floodplain, so the applicant would require a variance to allow
compensating storage to occur in the floodplain. (Another option to the variance is to
acquire additional land that is located outside the regulatory floodplain.) There is also a
wetland on the property, so the proposal will also require permits from the DNR and
MCWD.
On February 16, 2005, the Planning Commission held a public hearing on a separate
request from the applicant to amend a provision in the floodplain section of the zoning
code to allow compensating storage for fill in a floodplain to occur within the flood
fringe area of the floodplain. The Planning Commission recommended approval of the
request. The City Council did not act on the request and subsequently, the applicant
withdrew the application. The applicant decided to either apply for a variance from this
provision in lieu of the text amendment or to acquire land outside the regulatory
floodplain boundary.
The Planning Commission held a public hearing on April 20, 2005, and recommended
approval on a vote of 5 – 1.
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 10
The City Council reviewed this request to reguide and rezone at a study session on May
9, 2005. There was considerable discussion about the continued strength of the
condominium market, the loss of office land, and the issues related to the floodplain.
Attached to this report is a memo, copy of a market study entitled “Market Viewpoint
Twin Cities Condo Market 2004 – 2005 completed by DSU Research, and current condo
developments in St. Louis Park. Issues related to traffic and floodplain will be addressed
more specifically when the applicant makes an application for an actual project.
Site History:
The subject site was originally part of a larger lot that also contained the building now
occupied by ApplianceSmart. An RLS was filed with Hennepin County in the early
1990s that divided the parcel into 4 tracts. Tract A was later subdivided as Excelsior
Townhomes. Track D is the parcel occupied by ApplianceSmart and Tracts B and C are
the parcels that the applicant is proposing to develop. There is also a school district
boundary that divides the parcels from north to south. Although there are only two legal
parcels being considered, there are actually 4 tax parcels.
The current zoning boundary follows the school district line. The northern tax parcels are
zoned General Industrial and the southern two tax parcels are zoned Office. The
applicant is proposing to change the zoning on the southern two tax parcels only and
development is to occur only on the southern parcels.
Issues:
ü How does the current zoning compare with proposed zoning?
ü How does the proposed amendment impact surrounding properties?
ü How does the proposed amendment change the physical character of the
location and neighborhood?
ü Does the proposed amendment improve or degrade the transitions between
existing land uses?
ü How does the proposed amendment impact the natural environment?
ü Are there unaccounted benefits to the proposed amendment, such as the
removal of blighted properties?
ü Does the proposed amendment require analysis by an outside expert,
including but not limited to traffic engineers, financial consultants,
hydrologic engineers, or environmental engineers?
Issue Analysis:
How does the current zoning compare with proposed zoning?
A list comparisons between current and proposed zoning is attached. It shows permitted
building height, densities, and allowed uses. The Zoning code lists uses that do not
require City Council approval as “permitted” or “permitted with conditions”. Uses
permitted by “Conditional Use Permit” or “PUD” require City Council approval. The
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 11
density of development, including building height, floor area ratio, and types of uses are
more intense in the Office District.
How does the proposed amendment impact surrounding properties?
The applicant is proposing an approximate 29,500 square foot building foot print on the
southwest portion of a 500,000 square foot site. This constitutes a ground floor area ratio
of 0.06. The building as shown is over 700 feet from the rear property line and 160 feet
from the east property line. Uses within 1000 feet include the following (see attached):
ü Excelsior Townhouses -- 38 Townhouse units, the nearest building is 200 feet
from the proposed building.
ü Meadowbrook Manor -- Several buildings are within 1,000 feet, the closest is
about 450 feet from the proposed building.
ü Municipal Service Center property line is within 800 feet, the building is over
1,000 feet from the proposed building.
ü ApplianceSmart is located adjacent, along with several other industrial properties.
ü The Meadowbrook Golf Course and single family residential in Hopkins are also
within 1,000 feet.
The impacts of development under the current zoning could be more intense due to the
greater building height and both peak hour and total traffic generation of a commercial
use. An office use could also be considered a transition between residential and
industrial zoned properties.
Residential uses tend to have more of a weekend and evening focus, with dispursed
traffic patterns.
How does the proposed amendment change the physical character of the location
and neighborhood?
The 11.5 acre site is currently vacant except for a non-conforming billboard that is
located on eastern parcel. There is a stand of cottonwood trees on the portion of the site
to be developed. Tree replacement would be a requirement of project approval.
The proposed development would place a 6-story residential building on the existing
vacant property with both evening and weekend activity. The current zoning could result
in a significant office building, provided structured parking was provided. This use is
primarily a weekday use and would generate significant peak hour traffic.
A building on the subject property would impact views of the wetland from Excelsior
Boulevard, but not from any nearby residential uses. The development plans show a
boardwalk or trail that would connect Excelsior Boulevard to Minnehaha Creek.
There has been some concern that future residents would complain about noises
generated by industrial activity, especially those generated at the Municipal Service
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 12
Center where backing trucks and other activity has already generated complaints from
residents of Excelsior Townhomes. Future residents may also complain about the truck
storage and truck traffic form ApplianceSmart. The closest point of proposed building is
located 700 feet from the rear property line and 800 feet from the parcel occupied by the
MSC. Since sound will not be traveling over open water, decibel levels would drop
significantly over this distance.
Does the proposed amendment improve or degrade the transitions between existing
land uses?
The proposed use would provide a buffer between the existing Excelsior Townhomes and
the ApplianceSmart parking lot, truck storage, and loading docks. The proposed
development would move residential uses closer to commercial and industrial uses and
currently trucks from ApplianceSmart are parked right up to this property. However, the
under-building parking raises the first occupied floor so that sight lines out of windows
would be above the existing parking lot. Also, the proposed alignment of the building
would take advantage of the best views for most of the units.
How does the proposed amendment impact the natural environment?
The major portion of the 11.6 acre site contains a wetland and the site is almost totally
within the regulatory 100-year floodplain of Minnehaha Creek. The site cannot be
developed under either current or proposed zoning without filling a portion of the
wetland and filling within the 100-year floodplain. State law requires a two for one
replacement for wetland mitigation. The City requires compensating storage for filling in
a floodplain. The applicant has met with Minnehaha Creek Watershed District (MCWD)
and believes that proposed wetland mitigation will actually improve the quality of the
wetland. The applicant will apply for a variance to allow compensating storage for filling
in the floodplain to occur within the boundaries of the floodplain. This variance would
be required regardless of the type of use or existing zoning, unless the applicant finds
compensating storage in another location.
Are there unaccounted benefits to the proposed amendment, such as the removal of
blighted properties?
If the proposed development occurs on this parcel, it will result in the removal of a non-
conforming billboard. Billboards have been non-conforming in St. Louis Park since
1985, and about 35% have actually been removed since that time. (There are currently 29
billboards in St. Louis Park.)
The Army Corp. of Engineers has been considering a project that would reestablish some
former meanders within the Minnehaha Creek bed. The applicant has indicated a
willingness to allow meanders over the north portion of the property, which could
improve the aesthetic quality of the creek. The applicant has also indicated some interest
in dedicating a conservation easement over the proposed wetland boundary.
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 13
Residential development generates fewer peak hour trips than an office use. The Institute
of Transportation Trip Generation manuals indicate that the proposed 113-unit
condominium project would generate 662 weekday trips, 50 a.m. peak hour trips, and 59
p.m. peak hour trips. The same size office building would generate 1,163 weekday trips,
234 a.m. peak hour trips and 225 p.m. peak hour trips. Site access to the site is right-in
and right-out only from Excelsior Boulevard. A residential use on this property would
generate fewer peak hour trips and would result in fewer U-turns on Excelsior Boulevard
during rush hour in order to access or exit the site. This would be beneficial as current
traffic counts in Excelsior Boulevard were 25,600 vehicles per day in 2001 in this
section.
Does the proposed amendment require analysis by an outside expert, including but
not limited to traffic engineers, financial consultants, hydrologic engineers, or
environmental engineers?
Due to the existing wetland and floodplain, any grading of the site will require review
from the City’s a hydrologic engineer consultant and a variance from the City. Prior to
any site disturbing activities, permits are also required from the Minnesota Department of
Natural Resources and Minnehaha Creek Watershed District.
Traffic studies are often required as part of the development approval process if traffic is
perceived to be an issue.
Summary:
The subject property is located adjacent to both industrial and residential land uses. It is
also adjacent to green space amenities that create a desirable living and working
environment. Since the property itself has a desirable environment for either residential
or office development and is currently vacant, a change in land use would not impact
existing jobs. There are, however, a number of jobs within ½ mile of the subject property
including Methodist Hospital, medical office buildings, and industrial uses. The
proposed project could provide housing for persons who work in the area. The site is
also on a frequently operating transit line that could connect future residents with jobs all
along Excelsior Boulevard, Uptown, and downtown Minneapolis.
Future Actions:
If the City Council approves the proposed Comprehensive Plan and zoning map
amendments, the applicant will make application for a PUD, Subdivision, and variance.
All of these applications require public hearings. If the City Council denies the request,
the applicant has indicated a willingness to construct a mixed-use project consistent with
the existing zoning.
St. Louis Park City Council Meeting
Item: 060605 - 8c - Meadowbrook Lofts Reguide and Rezone
Page 14
Recommendation:
Staff and the Planning Commission recommend approval of the proposed Comprehensive
Plan Land Use amendment from Office to High Density Residential and the proposed
zoning map amendment to change the designation from O-Office to RC-High Density
Residential based upon restricted site access and traffic generation comparisons between
office and residential uses. Even though this amendment would move residential closer
to existing industrial property, new owners will move into a known condition.
If the Council chooses to deny the requests, the action would be to direct staff to prepare
resolutions of denial.
Prepared by: Judie Erickson
Planning Coordinator 952-924-2574 jerickson@stlouispark.org
Reviewed by: Meg McMonigel, Planning and Zoning Supervisor
Approved by: Nancy Gohman, Deputy City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 1
8d. Request of the City of St. Louis Park to amend Chapter D - Housing of
Comprehensive Plan 2000 – 2002 to update tables and graphs and associated text
and to incorporate housing goals and implementation strategies of the Housing
Summit.
Case Nos. 05-06-CP
Recommended
Action:
Motion to approve amendment to Chapter D – Housing of the
Comprehensive Plan 2000 – 2020 contingent upon review by
Metropolitan Council.
Background:
The Housing Summit goals were approved by the City Council in March 2005. Since the
Comprehensive Plan is the underlying policy document of the City, the next step would
be to incorporate these goals into the Comprehensive Plan 2000 – 2020 along with
associated implementation strategies.
Along with the Housing Summit goals and implementation strategies being added to the
Housing Chapter, staff also proposes updating the charts and graphs and associated text
to reflect more recent data including the 2000 Census data.
The proposed updates to the tables and charts are extensive. The goals and
implementation strategies are identical to those of the Housing Summit.
The Metropolitan Council guidelines for the Comprehensive Plan state that current
housing supply and future housing needs (housing production) must be identified. An
adopted goal of the Housing Summit states that production goals should be quantified by
housing type and not just by total number. Staff plans to bring back at a future date an
amendment to the Housing Chapter that establishes housing production goals consistent
with this goal. (Also see Goal #2 and Implementation Strategy #3 in the proposed
Housing chapter.)
On May 18, 2005, the Planning Commission recommended approval of the amended
Chapter D – Housing of the Comprehensive Plan 2000 – 2020.
Recommendation:
Staff and the Planning Commission recommend approval of amendment to Chapter D –
Housing of the Comprehensive Plan 2000 – 2020, contingent upon review by
Metropolitan Council.
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 2
Attachments: Proposed Resolution approving amendment to Chapter D -
Housing
Draft Chapter D – Housing, 2000 – 2020 Comprehensive Plan
Prepared by: Judie Erickson, Planning Coordinator
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 3
RESOLUTION NO. 05-078
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
HOUSING, CHAPTER D
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, said Plan will prepare the community for anticipated desirable
change, thereby bringing about significant savings in both private and public
expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning
activities of adjacent units of government, and
WHEREAS, the City initiated a process known as the Housing Summit to review
housing policies of the City of St. Louis Park, and
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 4
WHEREAS, the Housing Summit involved members of the City Council, School
Board, Planning Commission, Housing Authority, business community, and other
citizens, and
WHEREAS, the members of the Housing Summit met a number of times over an
18 month period to discussed goals, policies, and implementation strategies related to
housing, and
WHEREAS, members of the Housing Summit made recommendations to the City
Council on issues related to housing, and
WHEREAS, in March 2005, the City Council adopted the recommendations of
the Housing Summit, and
WHEREAS, the Housing chapter contains outdated population and housing
statistics, and
WHEREAS, the data from the 2000 Census and City of St. Louis Park property
files is available to update the Comprehensive Plan, and
WHEREAS, the Planning Commission of the City of St. Louis Park
recommended adoption of an amendment to Chapter D—Housing of the Comprehensive
Plan 2000-2020 on May 18, 2005, based on statutes, the Metropolitan Regional
Blueprint, recommendations of the Housing Summit, information from the 2000 Census,
extensive research and analyses involving the interests of citizens and public agencies;
WHEREAS, the City Council has considered the advice and recommendation of
the Housing Summit and Planning Commission (Case No. 05-06-CP);
WHEREAS, the contents of Planning Case File 05-06-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 as follows:
Chapter D—Housing is revised to include goals and
implementation strategies recommended by the Housing Summit
and updated data from the 2000 Census and City of St. Louis
Park property files.
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 5
Reviewed for Administration: Adopted by the City Council June 6, 2005
Contingent upon approval of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
Res-ord/2005/05-06-CP
St. Louis Park City Council Meeting
Item: 060605 - 8d - Comp Plan amendment Housing Chapter
Page 6
SUMMARY
RESOLUTION NO.________
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
HOUSING, CHAPTER D
This resolution states that the amendment to Housing, Chapter D will update housing
statistics and update goals and implementation strategies to incorporate Housing Summit
recommendations.
Adopted by the City Council June 6, 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: June 16, 2005
St. Louis Park City Council Meeting
Item: 060605 - 8e - Res Supporting Railroad Switching Yard
Page 1
8e. Resolution of support for State of MN Capital Appropriation for a Railroad
Switching Yard in Glencoe, Minnesota
Recommended
Action:
Motion to adopt the resolution.
Background:
The Cities of Minnetonka, St. Louis Park, and Hopkins have been jointly working to eliminate
noise disturbances to their residents living adjacent to segments of rail lines where rail car
sorting operations are performed. In 1999, the Cities funded a noise study that concluded that
these sorting operations generate noise levels that exceed the State of Minnesota noise standards.
Since that time, the cities have actively pursued a permanent solution to mitigate the noise from
these rail operations.
In October of 2001, Council adopted resolution #01-119 supporting the application for a State of
Minnesota capital appropriation by the Cities of Minnetonka, St. Louis Park and Hopkins, in
cooperation with the City of Glencoe and the McLeod County Rail Authority for a railroad
switching yard in Glencoe, Minnesota.
Council is again being asked to adopt a resolution in support of the appropriation for the 2006
bonding bill. The deadline for agencies to apply for inclusion in the bonding bill is June 15th
Attachments: Resolution
Prepared by: Cindy Reichert, City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 060605 - 8e - Res Supporting Railroad Switching Yard
Page 2
RESOLUTION NO. 05-079
RESOLUTION OF SUPPORT FOR
STATE OF MINNESOTA CAPITAL APPROPRIATION
FOR RAILROAD SWITCHING YARD IN GLENCOE, MN
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota as follows:
Section 1. Background.
1.01. The Cities of Minnetonka, St. Louis Park and Hopkins (the Cities) have been jointly
working to eliminate noise disturbances to their residents living adjacent to segments of
rail lines where rail car sorting operations are performed.
1.02. In 1999, the Cities funded a noise study that concluded these sorting operations generate
noise levels that exceed the State of Minnesota noise standards.
1.03. The Cities have actively pursued short-term and long-term solutions to mitigate the noise
from these rail operations. To date, the short-term solutions have provided little
improvement.
1.04. The construction of a switching yard in Glencoe, Minnesota was identified as the long-
term solution that would completely eliminate the blocking operations from the
residential communities. A switching yard would be beneficial to Glencoe from both an
operational and an economic development standpoint.
1.05. Minnesota Statute 16A.86 prescribes the process by which local governments and
political subdivisions may request State of Minnesota capital appropriations.
1.06. The Cities, in cooperation with the City of Glencoe and the McLeod County Rail
authority, have submitted an application for a State of Minnesota capital appropriation for
land acquisition and design and development costs for a railroad switching yard.
Section 2. Council Action
2.01 The City Council of the City of St. Louis Park does hereby support the application for a
State of Minnesota capital appropriation by the Cities of Minnetonka, St. Louis Park and
Hopkins, in cooperation with the City of Glencoe and the McLeod County Rail Authority
for a railroad switching yard in Glencoe, Minnesota.
Adopted by the City Council of the City of St. Louis Park, Minnesota, on June 6, 2005.
(Insert Signature Block Here)