HomeMy WebLinkAbout2004/02/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
February 2, 2004
7:30 p.m.
Study Session – Immediately Following Regular Meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Presentation on NORC(Natural Occurring Retirement Communities) Grant
for the Senior Program
3. Approval of Minutes
a. City Council Minutes of January 20, 2004 Document
b. City Council Study Session Minutes of January 20, 2004 Document
c. City Council Study Session Minutes of January 12, 2004 Document
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
a. Appointment to Planning Commission for a term expiring December 31,
2004
Motion to appoint Claudia Johnston-Madison to the Planning Commission for a term
expiring December 31, 2005
6. Public Hearings
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Request by SilverCrest Properties for Final Planned Unit Development approval
for a residential senior housing development Document
Case No. 03-38-PUD
3601, 3633 and 3663 Park Center Boulevard
Recommended
Action:
Motion to adopt a resolution approving the Final Planned Unit
Development, subject to the conditions in the resolution, and
authorizing the Mayor and City Manager to execute a
development agreement.
8b. Resolution Approving 2004 Liquor License Renewals Document
Request for approval of resolution regarding 2004 liquor license renewals for
on-sale, off-sale, Sunday-sale, club and wine intoxicating liquor licenses, and for off-
sale and on-sale 3.2% malt liquor. License year to run March 1, 2004 through
February 28, 2005.
Recommended
Action:
Motion to approve resolution for renewal of 2004 liquor licenses
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Administration Department) at 952/924-2525 (TDD
952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF FEBRUARY 2, 2004
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to adopt resolution requesting an administrative variance from State-Aid
rule 8820.2800 subpart 2 for City Project No. 02-01B with State Aid project
designations of S.A.P 163-282-15, 163-283-16, 163-295-03, 163-295-04, and 163-295-
05 Document
4b Motion to adopt the attached resolution authorizing application for a Hennepin
County grant to fund the City’s curbside recycling program Document
4c Motion to accept Vendor Claims for filing (Supplement)
4d Motion to Approve Refunding of 1996 General Obligation Tax Increment Bonds
Document
4e Motion to approve a Temporary On-Sale Intoxicating Liquor License – Sabes
Jewish Community Center, 4330 Cedar Lake Road, St. Louis Park for February 7,
2004 Document
4f Motion to accept for filing the Planning Commission Minutes of January 7, 2004
Document (Consent Agenda Revised to add Item 4f which was emailed to council
Friday, Jan 30.)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
FEBRUARY 2, 2004
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
020204 - 3a - Council Minutes of Jan. 20, 2004
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
January 20, 2004
1. Call to Order
Mayor Jacobs called the meeting to order at 7:35 p.m.
The following Councilmembers were present at roll call: John Basill, Phil Finkelstein, Paul
Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs.
Also present were: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Police Chief (Mr.
Luse), Police Captain (Mr. Ortner), Police Captain (Mr. DiLorenzo), Seargeant (Mr.
Krayennbrink), Human Resources Director (Ms. Gohman), Fire Chief (Mr. Stemmer), Finance
Director (Ms. McGann), Public Works Director (Mr. Rardin), Inspections Director (Mr.
Hoffman), Parks & Recreation Director (Ms. Walsh), Technology and Support Services Director
(Mr. Pires), Human Resources Coordinator (Ms. Fosse), Operations Superintendent (Mr.
Hansen), City Clerk (Ms. Reichert), and Recording Secretary (Ms. Olson).
2. Presentations
2a. Presentation for former Councilmember Jim Brimeyer
Mayor Jacobs recognized Mr. Brimeyer for work and accomplishments during his years of
service as a Councilmember and presented him with a recognition plague.
2b. Recognition of 2003 Board and Commission members
Mayor Jacobs presented certificates of appreciation for the following former commissioners
Cynthia Ahrens Charter Commission
Cassandra Boddy Human Rights Commission
John Mann Fire Civil Service Commission
Pat Rogers Human Rights Commission
David Oguamanam Human Rights Commission
Ganesh Rameshrathinam Human Rights Commission
2c. Retiree and Former Employee Recognition
Mayor Jacobs presented resolutions and plaques to the following:
Jeanne Bergstrom 22 years of service
Carolyn Irrgang 24 years of service
Martin Hanson 25 years of service
St. Louis Park City Council Meeting
020204 - 3a - Council Minutes of Jan. 20, 2004
Page 2 of 3
Lorin Kramer 28 years of service
Bridget Wynn-Kienenberger 37 years of service
3. Approval of Minutes
3a. City Council Minutes of January 5, 2004
The minutes were 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.
4a Adopt Resolution No.’s 04-005, 04-006, 04-007, 04-008, 04-009, 04-010, 04-011, 04-
012, 04-013, 04-015, 04-016 recognizing former employees
4b Adopt Resolution No. 04-017 revising the Snow and Ice Control Policy
4c Approve Resolution No. 04-018 authorizing renewal of premises permit for Community
Charities of Minnesota, operating at Park Tavern Lounge and Lanes, 3401 Louisiana Ave
S
4d Accept for filing the Planning Commission Minutes of December 3, 2003
4e Accept for filing the Housing Authority Minutes of December 10, 2003
4f Accept for filing the Park and Recreation Advisory Commission Minutes of November
19, 2003
4g Accept for filing the Park and Recreation Advisory Commission Minutes of December 8,
2003
4h Accept Vendor Claims for filing (Supplement)
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the
agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions – None
6. Public Hearings – None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
St. Louis Park City Council Meeting
020204 - 3a - Council Minutes of Jan. 20, 2004
Page 3 of 3
8a. Appointment of Thomas K. Harmening as City Manager, with terms and conditions
effective January 5, 2004. Resolution No. 04-019
Councilmember Sanger stated that she was pleased to make a motion to approve Mr. Harmening
as the new City Manager.
It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein , to adopt
Resolution No. 04-019 appointing Thomas K. Harmening as City Manager subject to the terms
of the employment contract.
The motion passed 7-0.
8b. Police Sergeant Union Contract 1/1/04 – 12/31/05 Resolution No. 04-020
Ms. Gohman reported that this is the first of five union contract completed for the year. She
expressed her pleasure that the sergeants introduced a two year proposal. She stated that the
wages for 2004 were consistent with the non-organized employees which included a two percent
increase in January, one percent in July, and an increase of forty-five dollars in the cafeteria
benefit plan. She reported that this will also be the first contract for 2005 and after discussions
with Mr. Harmening and Ms. McGann, Finance Director, it was decided that the budget would
could allow a three percent wage increase for 2005. She thanked the sergeants for coming to the
city and being supportive in this fiscal environment.
It was moved by Councilmember Santa, seconded by Councilmember Omodt, to adopt
Resolution No. 04-020 approving a labor agreement between the City and Law Enforcement
Labor Services (LELS) #218, establishing terms and conditions of employment for two years:
1/1/04 – 12/31/05.
The motion passed 7-0.
Mayor Jacobs thanked the Union, Police Dept and Human Resources Director.
9. Communications
Councilmember Velick reported that a Ward 4 resident, Lorelei Garrehty, passed away. She
stated that Ms. Garrehty was a great asset to the city, neighborhood, and state. She reported that
Ms. Garrehty was instrumental in working with the Search Institute and helped write the
Children First pamphlet. Councilmember Velick said she will be missed.
10. Adjournment
Mayor Jacobs adjourned the meeting at 7:55 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
020204 - 3b - Study Session Minutes of Jan. 20, 2004
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of January 20, 2004
The meeting convened at 8:05 p.m.
Present at the meeting were Council members John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs.
Staff present: City Manager (Mr. Harmening), Director of Public Works (Mr. Rardin),
Operations Superintendent (Mr. Hanson), Planning and Zoning Supervisor (Ms. Jeremiah), City
Clerk (Ms. Reichert), and Administration Secretary (Ms. Olson).
Guests: Mr. and Ms. Gibson, 2668 Glenhurst
1. Glenhurst Street Issue
Councilmember Sanger introduced Mr. and Ms. Gibson to the Council. Mr. Rardin gave a
background on the issue stating that the street was platted but no road had been built in that
location. He stated that throughout the years, maintenance crews had dumped excess pavement
materials at that location which has created a portion of the street. Mr. Rardin reported that since
the City never paved the street maintenance never routinely done. Councilmember Sanger
inquired what process is used to put in a street. Mr. Rardin replied that the petition process is
used and fifty-one percent of the affected neighbors must sign the petition in favor of the project.
Councilmember Sanger felt there were three issues: what to do with the street, no alley access to
2668 Glenhurst, and zoning.
Ms. Gibson stated that currently the city plows go ten to fifteen feet past their driveway.
Councilmember Finkelstein suggested turning the area into an informal park.
Councilmember Basill inquired what kind of plow is used now on the road. Mr. Hansen replied
that it was a single plow. Mr. Rardin clarified that it depends on what plow happens to be in that
area that day for plowing. He stated that the city’s policy is to maintain improved streets. He
had concerns that plowing on an unimproved street with a plow can damage the road even
further by breaking up the uneven sections. Mayor Jacobs inquired what kind of material the
road is made of. Mr. Rardin replied that it appears people have dumped leftover asphalt there
and that is how the road was established.
Councilmember Sanger stated that the residents on the street are not in agreement on what to do
with the street.
St. Louis Park City Council Meeting
020204 - 3b - Study Session Minutes of Jan. 20, 2004
Page 2 of 3
Mayor Jacobs inquired who owned the other property next to the road. Mr. Rardin replied that
the City of Minneapolis owns it and whatever decision was made they would need to gain
Minneapolis’s approval. Councilmember Santa stated that since there are other areas in the city
where this is occurring, council should set a policy on maintenance issues.
Councilmember Basill inquired if any of the properties were ever assessed for the road. Mr.
Rardin stated that they were not. He stated that if an improved road was put in an area, the
homeowners would be assessed the cost and receive plowing services. Councilmember Sanger
reminded the group that not all alleys were assessed, yet the city still plows the alleys.
Councilmember Finkelstein would like to send out a letter calling for a meeting. Councilmember
Sanger informed him that meetings have already been held and were initiated by the Council
rather than the neighbors. Councilmember Santa would like to have a position taken by the
neighbors that have not stated their feelings on the matter. Councilmember Velick felt a uniform
policy needs to be created. Mr. Rardin would like to hold a consistent standard to all such areas.
Councilmember Santa feels the road should continue to be plowed through winter.
Mr. Harmening recapped what he heard from Council stating that council was requesting to have
the attorney review any pertinent documents on assessing and easements; staff perform research
on alley maintenance and on areas where similar situations occur; and ask staff to confer with the
city of Minneapolis about the situation and their intended future use of the property.
2. Recommended Road Improvement – Park Shores Sr. Condos
Ms. Jeremiah gave a background on the process used several years ago that resulted in a vision
of north-south road connections between Excelsior Blvd. and 36th St. W. She stated that hopes
were for a T-section conversion on the curve of Park Center Blvd near Target/Byerly’s. She
reported that SRF is currently conducting a traffic study as part of the EAW for the Park Nicollet
expansion. SRF has recommended a consolidated access point for the property as well as for
Target. Ms. Jeremiah said that an interim plan has been developed if construction does not
happen prior to occupancy of the building.
Councilmember Sanger inquired about installing stoplights. Ms. Jeremiah replied that the
developer would absorb the cost. Councilmember Sanger asked about the position being taken
by Target. Ms. Jeremiah responded that it has been several years since any discussions took
place and new people are involved. She stated that Target was aware of the problems caused by
the configuration of the current intersection.
3. Communications
The Council discussed possible locations for a pedestrian crossing over Hwy 7. Council directed
staff to re-submit last year’s materials for state funding for the pedestrian bridge which was
approved but “unalloted” by the Governor.
St. Louis Park City Council Meeting
020204 - 3b - Study Session Minutes of Jan. 20, 2004
Page 3 of 3
Councilmember Sanger informed council that there was legislation being proposed regarding
local control issues which should be discussed with our legislators.
Mr. Harmening reported that he and Ted Mondale met with a reporter from USA Today who will
be writing an article on the Town Center.
4. Adjournment
The meeting was adjourned at 9:25 p.m.
City Clerk Mayor
St. Louis Park City Council Meeting
020204 - 3c - Study Session Minutes of Jan. 12, 2004
Page 1 of 4
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
Minutes of January 12, 2004
The meeting convened at 7:00 p.m.
Present at the meeting were Councilmembers Jim Brimeyer, Paul Omodt, Susan Sanger, Susan
Santa, Sally Velick, and Mayor Jeff Jacobs.
Staff present: Interim City Manager (Mr. Harmening), Parks and Recreation Director (Ms.
Walsh), Public Works Director (Mr. Rardin), Public Works Coordinator (Mr. Merkley),
Economic Development Coordinator (Mr. Hunt), Planning and Zoning Supervisor (Ms.
Jeremiah), Planning Coordinator (Ms. Erickson), and City Clerk (Ms. Reichert).
1. Legislative Update with Representative Jim Rhodes
Mr. Harmening welcomed Rep. Rhodes to the meeting and invited him to talk about the
legislative climate this year. Rep Rhodes responded that this would not be a big spending year
and that he hoped many of the issues that went unresolved last year due to budget discussions
would be taken care of.
Mr. Harmening explained that staff had compiled a list of legislative issues of importance to the
city and suggested that each be addressed in turn.
Mayor Jacobs explained that the salary cap on City Manager’s salary was very difficult to deal
with, resulting in compression at the top of the salary ranges for City Managers and Department
Directors. Mr. Harmening further explained that a bill was being introduced by the League of
MN Cities that would return control to local jurisdictions subject to their rules regarding salary
and compensation. Rep. Rhodes agreed that it was more logical for local entities to retain
control over their compensation plans for all positions.
Mr. Harmening asked Rep Rhodes if he would assist with reversing a decision made last year to
reduce the allocation to cities to fund a program for providing insurance benefits to disabled
officers.
Mr. Harmening stated that the city would like flood projects included in the bonding bill and felt
that funding could be related to flood mitigation or water quality programs.
Pedestrian bridges were discussed as lack of crossings over major highways is a real issue in St.
Louis Park. Desired locations would be over Hwy 7 at Ottawa or some other location east of
Hwy 100, and over Hwy 7 at Wooddale. Staff stated that funding for these desired projects may
become available with Hwy 100 expansion funds, but that the crossings were needed now.
St. Louis Park City Council Meeting
020204 - 3c - Study Session Minutes of Jan. 12, 2004
Page 2 of 4
Rep. Rhodes felt that it may be effective to pool requests of several cities into one funding
package and that pedestrian bridges may have a better chance of being approved by the
legislature if viewed as a state-wide issue.
Councilmember Sanger stated that Ron Abrams is currently pushing a bill that further limits
abilities on amortization and non-conformance. Mr. Harmening explained further reporting that
the Auto Dealers Association is looking for legislation to remove local control over car dealers.
Council and Rep. Rhodes discussed the possibility of transferring on-going costs related to the
Reilly Tar Consent Decree to a different agency or government level.
2. Youth In-house Soccer
Nancy Nelson, Chair of the Parks and Recreation Advisory Committee, was present at the
meeting.
Ms. Walsh gave a brief background on the issues between residents and the Soccer Association
during the last few years. Staff has developed a program that would bring an in-house program
into the Parks and Recreation Department that would be self supportive. Ms. Nelson spoke
about the issue resolution they pursued and the discussion that took place at the Park and
Recreation Advisory Commission meetings.
Councilmember Sanger inquired about a difference in service with the Soccer Association. She
was not sure why the city would need to pursue an in-house program for instructional soccer,
when the program is already offered through the Soccer Assn. Ms. Walsh replied that the
instructional soccer program is the only instructional program not offered by the city. If the city
were to offer that portion as an in-house program, it would be more consistent with how the city
works with other community sports associations.
Councilmember Basill would like to see some figures on who would participate in the program.
Councilmember Sanger had concerns that the program would be initiated and then fail. She
wondered if a pilot program would be appropriate.
Ms. Walsh responded that staff and the advisory commission would keep moving forward with
instituting the in-house soccer program and would provide council with information as things
planning progresses.
3. Off Leash Dog Park
Ms. Walsh stated that staff would like to move forward with this item and have picked out three
most likely sites. She stated that there are several issues to be considered regarding the operation
of the park. Councilmember Santa felt that parking may be an issue at the preferred site and
would like it to be addressed.
Council directed staff to move forward and bring the item back to the Parks and Recreation
Advisory Commission for further discussion. Ms. Walsh will begin the public process.
St. Louis Park City Council Meeting
020204 - 3c - Study Session Minutes of Jan. 12, 2004
Page 3 of 4
4. Quadion Site Redevelopment
Michael Newman from Rottlund Homes was present at the meeting.
Ms. Erickson informed Council of the issues that staff had in regard to the PUD. She reported
that only two of the four houses had been acquired and the developer proposal may have to be
modified if the situation could not be addressed. Council was also informed that the developer
would like to incorporate an affordable senior housing component in the plans.
Mr. Newman reported on the progress of the negotiations with the two remaining houses that
need to be acquired. Councilmember Basill stated that a number of residents have come forward
with concerns of what type of development might occur if the homes were not acquired.
Neighborhood residents felt that if an agreement could not be reached to purchase the homes,
that comdenmation may be necessary. They would support condemnation in order to achieve the
goals laid out in the planning done by neighborhood, the city and the developer which they felt
were in the best interest of the community.
Mr. Harmening outlined some of the steps necessary in undertaking condemnation and inquired
as to whether Council would like staff to proceed with the initial steps.
Councilmember Finkelstein inquired if the developer would cover the city’s costs related to the
condemnation. Mr. Harmening stated that perhaps they would and they could discuss it with the
developer.
Councilmember Sanger questioned whether the plan as proposed by this developer warranted
taking such a drastic step. She wondered if this was the plan council wanted to approve for the
area.
The developer further clarified how the development would be configured with or without the
properties in question.
Council directed staff to begin preparing documents necessary to initiate condemnation
proceedings. The developer stressed the importance of moving forward to ensure his
participation in the project.
Ms. Jeremiah stated that staff has not approved the plan as presented and recommended
continuing the discussion on January 21st. Mayor J acobs stated that there is still work to be done
between staff and the developer but he is willing to look at the legalities of condemnation
proceedings.
Ms. Erickson asked if they were willing to work with the developer to include affordable senior
housing in the project. Councilmember Basill stated that there has been no mention of any initial
meetings about a affordable housing component but he felt it might be feasible because the
affordable housing is specifically for seniors. Councilmember Sanger was reluctant to base the
need on an annual income for seniors with assets and asked Council to keep that in mind. The
Council agreed that they were willing to look at a limited amount of affordable senior housing.
St. Louis Park City Council Meeting
020204 - 3c - Study Session Minutes of Jan. 12, 2004
Page 4 of 4
5. Street Maintenance and Rehabilitation Program
Ms. Hagen gave a background of the street rehabilitation program and past Council actions that
were taken. She reported that Minnesota State Aid roads were not included in the plan, only
residential streets.
Staff reported that pressure is being kept on both city and private utilities to get any repair or
work finished before or during street closure. Staff inquired if Council was comfortable with
the ‘best first’ repair strategy. Council informed staff to move forward with the program.
6. Minnehaha Creek Watershed District Rule Revisions
Ms. Hagen clarified the impact on the city if the Rule M buffer revisions are passed. Council
agreed that clearly this would hinder development and supported a letter to the Watershed
opposing the rule.
7. Communications
Staff reminded the Council of the next Housing Summit meeting on February 3rd. A tour of
Wayside House and later a joint Council/School Board will be held on February 9th.
8. Adjournment
The meeting was adjourned at 10:30 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
020204 - 4a - State Aid Variance
Page 1 of 2
4a. Motion to adopt resolution requesting an administrative variance from State-Aid
rule 8820.2800 subpart 2 for City Project No. 02-01B with State Aid project
designations of S.A.P 163-282-15, 163-283-16, 163-295-03, 163-295-04, and 163-295-
05
BACKGROUND: City Project #02-01B was ordered through Resolution No. 02-069 on July 15,
2002. The project involves the construction of new sidewalk segments recommended in the
Sidewalk, Trail, Bikeway and Crossings Plan at the following locations:
• Ford Road, I-394 frontage road to Shelard Parkway
• Shelard Parkway, hotel driveway to Ford Road
• W. 28th Street, Dakota Ave. to Zarthan Ave.
• Walker Street, Republic Ave. to Lake Street
• W. 38th Street, Lynn Ave. to France Ave.
• Wooddale Avenue, W. 44th St. to City limits
A majority of this project was financed with Municipal State Aid funds which are derived from a
portion of the gas tax revenue and divided amongst cities over 5,000 in population via a formula.
These funds are administered by Mn/DOT. As a result of using State Aid funds, the plans and
specifications need to be prepared in accordance with State Aid rules and standards. This requires
that the plans be reviewed and approved by Mn/DOT’s State Aid Engineer.
The Engineering staff prepared the project plans and submitted them to Mn/DOT for review and
approval. During this period, staff continued with the project development and delivery,
subsequently culminating in the bid letting process. The City legally advertised the project for the
necessary amount of days and then opened the bids. The City received Mn/DOT’s approval of the
plans one day after the bid opening. Unfortunately, opening bids prior to Mn/DOT plan approval
violates state aid rules. State Aid Rule 8820.2800 subpart 2 states, “only those projects for which
final plans are approved by the state-aid engineer before opening bids or approving a force account
agreement are eligible for state-aid construction funds.”
Due to this technical oversight, the project is not eligible for state aid funding unless the City requests
and is granted an administrative variance. The variance allows for a one-time correction to a
violation of state aid rules. To request a variance the City Council needs to adopt a resolution making
the request.
RECOMMENDED ACTION: Motion to adopt the attached resolution requesting an administrative
variance from State-Aid rule 8820.2800 subpart 2 for City Project No. 02-01B with State Aid project
designations of S.A.P 163-282-15, 163-283-16, 163-295-03, 163-295-04, and 163-295-05
Attachments: Resolution
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Maria A. Hagen, City Engineer
Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
020204 - 4a - State Aid Variance
Page 2 of 2
RESOLUTION NO. 04-021
RESOLUTION REQUESTING AN ADMINISTRATIVE VARIANCE FROM STATE-AID
RULE 8820.2800 SUBPART 2 FOR CITY PROJECT NO. 02-01B WITH STATE AID
PROJECT DESIGNATIONS OF
S.A.P 163-282-15, 163-283-16, 163-295-03, 163-295-04, AND 163-295-05
WHEREAS, the City Council of the City of St. Louis Park adopted Resolution No. 02-069
establishing and ordering an improvement project for the construction of sidewalks; and
WHEREAS, said improvement project was designated City Project No. 02-01B with the
following project locations, termini and designated State Aid Project numbers:
• Ford Road, I-394 frontage road to Shelard Parkway, S.A.P 163-295-05
• Shelard Parkway, hotel driveway to Ford Road, S.A.P 163-295-03, 163-295-04
• Walker Street, Republic Ave. to Lake Street, S.A.P 163-282-15
• W. 38th Street, Lynn Ave. to France Ave., S.A.P 163-283-16
• W. 28th Street, Dakota Ave. to Zarthan Ave., non-State Aid participating
• Wooddale Avenue, W. 44th St. to City limits, non-State Aid participating; and
WHEREAS, Project No. 02-01B would be financed mostly with State Aid funds thus
requiring the plans to be prepared in accordance with State Aid rules; and
WHEREAS, because of an oversight by staff in the project development and bid letting, the
City of St. Louis Park violated that part of State Aid Rule 8820.2800 subpart 2 which states “only
those projects for which final plans are approved by the state-aid engineer before opening bids or
approving a force account agreement are eligible for state-aid construction funds”.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the City of St. Louis Park hereby requests an administrative variance from State
Aid Rule 8820.2800, Subpart 2.
Reviewed for Administration: Adopted by the City Council February 2, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 1 of 6
4b. Motion to adopt the attached resolution authorizing application for a
Hennepin County grant to fund the City’s curbside recycling program.
Background: Since 1988 the City has received annual grants from Hennepin County as an aid in supporting
the residential curbside recycling program that serves all single family through four-plex residential
structures. From the beginning through 1992, the County’s recycling grant program provided reimbursement
of 50% to 80% of eligible costs based on the amount of recyclable material diverted from the waste stream. In
1993 and again in 1994, the county changed its program to provide an entitlement of $1.75 per household per
month regardless of the amount of recyclable material diverted from the waste stream.
The County’s current funding policy (grant program) covers the period from January 1, 2000 through
December 31, 2004, and provides for the proportional distribution of SCORE funds, which the County
receives from the State of Minnesota. Although the County has established a funding policy through 2004, the
State of Minnesota may alter its SCORE funding. SCORE (Select Committee On Recycling and the
Environment) was established by Governor Perpich to provide a funding source for solid waste programs
throughout Minnesota. SCORE funds are derived from a 6.5% tax on garbage collection and disposal fees.
These funds are then distributed to Counties for solid waste programs, particularly recycling collection.
Hennepin County’s share of SCORE funding is $2,300,000, with the County adding an additional $300,000 to
keep the funding level at $2,600,000 as it was in 2003. The County’s share of SCORE funds is divided evenly
between cities on a proportional basis by the number of households. St. Louis Park’s share may be $80,000 to
$100,000, depending upon the final County budget. Since we are competing with cities that are expanding in
the number of households, our share decreases proportionately, and may decrease even more.
In 1995 the City authorized a grant application and agreement for the duration of this program. Since that
time, staff has prepared grant applications and agreements for the Mayor’s signature annually. In December
of 1997, Hennepin County informed staff that a Council Resolution authorizing each application and
agreement would be necessary. This report and request is based on that Hennepin County requirement.
Summary: Attached to this report is a resolution authorizing the application to Hennepin County for a grant
to fund the City’s curbside recycling program. The grant application and the County funding Policy are
attached for Council for information purposes only.
Attachments: Resolution
2003 Municipal Recycling Final Report/2004 Grant Application(Supplement–1 form)
Hennepin County Residential Recycling Funding Policy (on file in Clerk’s office)
Prepared by: Sarah Hellekson/Scott Merkley
Reviewed by: Mike Rardin, Public Works Director
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 2 of 6
RESOLUTION NO. 04-022
RESOLUTION AUTHORIZING APPLICATION FOR A GRANT AND EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND HENNEPIN COUNTY FOR
FUNDING ASSISTANCE FOR RESIDENTIAL CURBSIDE RECYCLING PROGRAM
WHEREAS, pursuant to Minnesota Statute 115A.552, Counties shall ensure that residents have an
opportunity to recycle; and
WHEREAS, Hennepin County Ordinance 13 requires each City to implement a recycling program to
enable the County to meet its recycling goals; and
WHEREAS, the County has adopted a funding assistance policy for source separated recyclables to
distribute funds to Cities for the development and implementation of waste reduction and recycling programs;
and
WHEREAS, to be eligible to receive these County funds, Cities must meet the conditions set forth in
the funding policy;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park,
Minnesota, that the City Council authorizes the submittal of the 2004 Hennepin County grant application for
municipal source separated recyclables and that the Mayor, City Manager and City Clerk are hereby
authorized and directed to execute on behalf of the City of St. Louis Park, Minnesota an agreement in its
entirety which covers the furnishing of a recycling program during 2004.
BE IT FURTHER RESOLVED that as a condition to receive funds under the Hennepin County
funding assistance policy, the City agrees to implement a waste reduction and recycling program as
committed to by its submission of the 2004 Hennepin County recycling grant application and that the City
will use such County funds for the limited purpose of implementing the City’s waste reduction and recycling
program and that the City Clerk is hereby directed to file a certified copy of this resolution with the agreement
with the Hennepin County Contract Compliance Officer.
Reviewed for Administration: Adopted by the City Council February 2, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 3 of 6
Hennepin County 2003-2004 Municipal Recycling Grant Report & Application
City of St. Louis Park
Part IV. Description of Recycling Program
St. Louis Park has an organized citywide municipal recycling program. All single family through four-plex
households have weekly recycling collection of two categories:
1. Mixed Fibers: newspaper, junk mail, mixed paper, magazines, corrugated cardboard,
boxboard/chipboard, catalogs, phone books, and soft cover books;
2. Commingled containers: food & beverage glass, aluminum cans & foil, bimetal, steel & tin cans, and
PET & HDPE plastic bottles with “necks”;
3. Appliances: collected curbside upon request of homeowner and payment to contractor;
The City Council developed a purpose, goals and objectives for the Solid Waste Program in 2001, to better
serve the residents of St. Louis Park. The purpose of the program is to provide a solid waste service
responsive to citizens’ needs to ensure a vital community. The Solid Waste Program Goals include high
quality service, environmental stewardship, cost effective services, effective communication and a continual
evaluation of our program and the industry.
In keeping with these goals and objectives established by staff, the City of St. Louis Park has developed a
solid waste public education campaign that focuses on waste reduction, recycling and environmental
awareness. City staff works with residents, the solid waste contractor, the St. Louis Park schools, and other
organizations in the community to promote waste reduction and recycling. One of our objectives under the
goal of environmental stewardship is to encourage citizens to take responsibility for the environmentally
sound management of their solid waste. We strive to do this by educating residents about recycling through
various media.
In November 2003, the City of St Louis Park moved closer to a pay-as-you-throw (PAYT) system when city-
owned garbage carts were distributed to residents. Residents pay a fee based upon the gallon service they
requested. Any garbage, which does not fit into the cart, must have a sticker that residents purchase from the
City. Other items that do not fit into the cart are charged at a bulk rate. Residents may request as many
recycling bins as they need from the City at no extra charge. Since this program has been fully underway
since only December 1, 2003 we only have one month of data to compare. December recycling increased by
over 55 tons from November 2003 and from previous Decembers. Trash collected December 2003 is reduced
from previous years.
The Solid Waste Ordinance was revised in 2003 to include the new PAYT program with garbage carts and
corresponding rate structure (separate resolution). The program has been well-received in general and was a
result of two years of public involvement and participation in updating the solid waste program. The City of
St Loui s Park remains firmly committed to environmental stewardship and the reduction of solid waste.
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 4 of 6
2003 MUNICIPAL RECYCLING FINAL REPORT
2004 MUNICIPAL RECYCLING GRANT APPLICATION
Hennepin County Residential Recycling Program
January 1 – December 31, 2003
_CITY OF ST LOUIS PARK_
Municipality
Part I. 2003 EXPENDITURES
A. Program Administration $137,000
B. Recycling Promotional Activities $1,500
C. Waste Reduction Promotional Activities $0
D. Collection Curbside $1,350,000
Drop-Off $0
E. Curbside Collection Containers $16,000
Total Expenditures $1,504,500
Revenues from Sale of Recyclables $0
Part II. 2003 TONNAGES (Check all that apply. Provide individual tonnages where available.)
A. Residential Source-Separated Collections Curbside Drop-Off Multi-Housing Total Tons
Mixed Fibers Newspaper 1771 1771
Corrugated Cardboard 130 130
Office Paper
Mixed Paper/Junk Mail 632.5 632.5
Magazines 21.6 21.6
Boxboard 18 18
Phone Books 18 18
Metal Alum. Cans & Foil 75.9 75.9
Steel & Tin Cns 115.6 115.6
Commingled Cans
Scrap Metal
Glass Food & Beverage 607 607
Other Glass
Plastic PET 61.4 61.4
HDPE 90 90
Commingled Bottles
Other Vehicle Batteries
Recyclables Textiles
Carpet
Household Goods
Appliances 66.59 66.59
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 5 of 6
Totally Commingled (One
Sort)
12.3 (incl carpet) 12.3 (incl carpet)
Other_________________
Other_________________
Total Tons 3553.3 3553.3
B. Number (#) of Households (HH) with Curbside Recycling Service Available as of January 1, 2004:
Single family (1-4 units) 12,222
Multi-family (5 units and above) + 0
Total households with curbside recycling service available 12,222
C. Methods Used to Determine Number of Households with Service Available (check all that apply):
Property Tax Records ___ Utility Bill Records __x_ Building Permits ___ Other (specify) __________
D. Average Pounds of Recyclables per Household (HH): 583.8
Avg. lbs./HH = (Total Tons / Total # of HH)*2000 583.8
Part III. PARTICIPATION IN OCTOBER 2003
Week Number Of HH With Curbside
Recycling Service Available
Number Of HH Setting Out
Recyclables
Participation Rate
10/06-10/11 12,222 6,963.6 57%
10/13-10/18 12,222 6,963.6 57%
10/20-10/25 12,222 6,963.6 57%
10/27-11/01 12,222 6,963.6 57%
Totals 48,888 27,854.4 57%
Part IV. DESCRIPTION OF RECYCLING PROGRAM (2003 Actual / 2004 Planned)
Please attach a brief description of your city’s recycling and waste reduction program, including materials collected for recycling.
Include information on promotional activities done in 2003 and planned in 2004. Note any major program changes from previous
years.
Part V. RECYCLING PROGRAM INFORMATION 2003
A. Method City Uses to Fund its Portion of the Recycling Expenses:
General Fund: Yes _x__ No ___ Utility Bill: Yes _x__ No
___
Monthly charge on resident’s bill only: $ ___6.00____
B. Curbside Collection Contractors: Organized Open Does Contractor
Commingle*?
1. x Yes No
2. Yes No
3. Yes No
4. Yes No
5. Yes No
* Commingling is collecting different materials in one bag (e.g. collecting metal cans, glass and plastic in one container and all
papers in the other).
C. Contract Dates / Term: October 2003 – September 2008
D. Contractor's Recycling Collection Cost /HH/Month: $_2.51-
_________
E. Collection Frequency: Weekly _x_ Bi-weekly ___ Twice Monthly ___
F. Refuse and Recycling Collected Same Day: Yes _x__ No ___
St. Louis Park City Council Meeting
020204 - 4b - Hennepin County Recycling Grant
Page 6 of 6
G. Contractors that Collect MSW at Municipal Owned Facilities:
1.
2.
H. MSW Disposal Facilities that are Being Used by Contractors Listed in Item G:
1. HERC
2.
I. Municipal Ordinance Requiring Recycling by:
Single Family Residents: Yes ___ No _x_ Mulit-family Residents: Yes _x_ No ___ Businesses: Yes ___ No _x__
Part VI. SIGNATURES
Mayor or City Manager / Administrator / Clerk Date
Recycling Coordinator Date
St. Louis Park City Council Meeting
020204 - 4d - Refunding of 1996 GO TIF Bonds
Page 1 of 3
4d. Motion to Approve Refunding of 1996 General Obligation Tax Increment Bonds
Background:
In 1996, the City issued $9,570,000 in General Obligation Tax Increment Bonds. The proceeds
of this bond issue were used to finance tax increment related projects as well as the Recreation
Center Project. At this time, there is $7,550,000 in outstanding bonds.
The 1996 bonds are not callable until February 1, 2005. Therefore, if these bonds are refunded,
the proceeds of the refunding issue will be placed in an escrow account until that time. The bond
term of 14 years will remain the same. In addition, the payment of the bonds will continue to be
made from a combination of tax increments from Excelsior Boulevard, Trunk Highway 7, and
Oak Park Village tax increment districts, Park and Recreation, and the Permanent Improvement
Revolving Fund.
When comparing expected interest rates for the refunding and the current rates being paid on the
1996 bond issue, there is about a 1.5% savings. We expect the new rate to be under 3.7% while
the current rate being paid is 5.2%. The annual savings are estimated at $45,000 - $50,000 per
year which equates to a present value savings of over $500,000.
If rates increase between now and the sale date, the proposed refunding can be delayed or
cancelled without cost to the City. The EDA will also need to act on the refunding issue through
a pledge of tax increments to the debt service.
The proposed schedule for this refunding issue is as follows;
Distribute Official Statement Week of February 16, 2004
Conference with Rating Agency Week of February 2, 2004
EDA Pledge Agreement Approved March 1, 2004
Bond Sale March 1, 2004
Estimated Closing Date Week of March 29, 2004
Recommendation:
Staff recommends approving the attached resolution providing for the sale of $7,550,000 G.O.
Tax Increment Refunding Bonds Series 2004A.
Attachments: Resolution
Prepared by: Jean D. McGann, Director of Finance
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
020204 - 4d - Refunding of 1996 GO TIF Bonds
Page 2 of 3
RESOLUTION NO.. 04 - 023
RESOLUTION PROVIDING FOR THE SALE OF
$7,550,000 G.O. TAX INCREMENT REFUNDING BONDS
SERIES 2004A
WHEREAS, the City Council of the City of St. Louis Park, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $7,550,000 General Obligation
Tax Increment Refunding Bonds, Series 2004A (the "Bonds"), to advance refund the City’s G.O.
Tax Increment Bonds, Series 1996; and
WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit
proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Louis Park,
Minnesota, as follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for
the sale of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at approximately 7:30 p.m. on
March 1, 2004, for the purpose of considering sealed proposals for and awarding the sale of
the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are
hereby authorized to cooperate with Ehlers and participate in the preparation of an official
statement for the Bonds and to execute and deliver it on behalf of the City upon its
completion.
The motion for the adoption of the foregoing resolution was made by Councilmember _______
and duly seconded by Councilmember _______________________ and, after full discussion
thereof and upon a vote being taken thereon, the following Council Members voted in favor
thereof:________________________________________________________ and the following
voted against the same:_______________________________. Whereupon said resolution was
declared duly passed and adopted. Dated the 2nd day of February, 2004.
Reviewed for Administration Adopted by the City Council February 2, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
020204 - 4d - Refunding of 1996 GO TIF Bonds
Page 3 of 3
St. Louis Park City Council Meeting
020204 - 4e - JCC Temporary Liquor License
Page 1 of 1
4e. Motion to approve a Temporary On-Sale Intoxicating Liquor License – Sabes
Jewish Community Center, 4330 Cedar Lake Road, St. Louis Park for February
7, 2004.
Background:
The Sabes Jewish Community Center is holding the Chai Ball Annual Fund Raiser event on
Saturday, February 7, 2004 between the hours of 7:00 p.m. – 11:00 p.m. Staff has
administratively approved all required permits for the event, with the exception of the Liquor
License which must be approved by Council.
Police Investigation
The principals were investigated and no record or warrants were found.
Prepared by: Nancy Stroth, Deputy City Clerk
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
Item: 020204 – 4f – Planning Commission Minutes of 1/7/04
Page 1 of 6
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
January 7, 2004--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Lynne Carper, Ken Gothberg, Dennis Morris
Carl Robertson, Jerry Timian
MEMBERS ABSENT: None
STAFF PRESENT: Janet Jeremiah, Nancy Sells, Maria Hagen
Greg Ingraham, Planning Consultant
1. Call to Order - Roll Call
Chair Robertson called the meeting to order at 6:00 p.m.
2. Approval of Minutes of December 3, 2003
Commissioner Morris moved to approve the minutes of December 3, 2003. The motion
passed 4-0-1 (Chair Robertson abstained). (Commissioner Bissonnette arrived at 6:05
p.m.)
3. Hearings:
A. Case No. 03-38-PUD--Request by SilverCrest Properties for Final Planned Unit
Development approval for a residential senior housing development--3601, 3633
and 3663 Park Center Boulevard
Greg Ingraham, Planning Consultant, presented a staff report. He distributed revised
conditions (updated 1/6/04) to the staff report. Mr. Ingraham said that the Planning
Commission reviewed and recommended for approval the Preliminary PUD in late
summer 2003. The City Council approved the Preliminary PUD in September, 2003.
He reviewed items that the Commission had discussed at preliminary approval. One of
these related to parking supply. He explained that the applicant submitted a parking
management plan and staff is satisfied that the three properties will function well as an
integrated supply of parking. There is sufficient flexibility to share parking among those
buildings. Specific to the new condominium building, he stated that it meets the City
Code for both guest and resident parking. There will be a mix of underground parking
and surface parking.
Mr. Ingraham said that another issue the Commission had discussed previously related to
driveway access and internal connections to the property of the three PUD sites. Mr.
Ingraham explained that what is proposed is in keeping with staff's recommendation. A
left-in, right-in, right-out new driveway access at the south edge of the condominium
property and an internal circulation connection is proposed. All three properties will
have internal circulation which helps with parking management and allows them to use
shuttle buses internally, also allowing for flexibility for full access movement from the
condominium residence.
Mr. Ingraham addressed the Commission's recommendations at preliminary approval
regarding architecture. He said that gabled roofs have been added to mirror the existing
architecture, and staff is satisfied that will provide a more residential character. It will be
a predominantly brick building with metal accents.
Mr. Ingraham noted that another issue at preliminary approval was compliance with the
shading ordinance. The issue at the time was the King Controls building across 36th St.
and how substantially it was shaded. He said that the Planning Commission and City
Council approved the revision of the shading ordinance in Nov. and Dec. 2003 which
basically exempts industrial properties from shading protection. The King Controls
building has been vacated and redevelopment plans have been informally reviewed for
that site for a post office.
Mr. Ingraham stated that the next iteration of access for the three properties related to
future anticipated changes to Park Center Blvd. He said that the City has been working
with a consultant (SRF) to prepare big picture plans for reconstruction and improvement
of roadways in Park Center area. Mr. Ingraham said that staff then asked the applicant
how his property could consolidate access and adapt to the future roadway plan. Mr.
Ingraham showed a sketch prepared by the applicant's architect illustrating how the
property can be reconfigured to provide a consolidated access point in one complying
location. The sketch also showed modification of the Target access opposite the Park
Shores campus, which meets general transportation planning principles. He said one of
the revised conditions is that the drawing will be an official exhibit of the Final PUD, and
that the developer agrees to put the private improvements in conjunction with, depending
on the timing of the road, the condominium construction or in conjunction with the Park
Center Blvd. reconstruction, basically creating a single access point with full movement.
Staff believes the plan works pretty well. There are some minor modifications to the
parking and access for assisted living. The condo site would remain whole except for
closing an access point which would be interim--either a construction access or perhaps
interim access (the left-in, right-in, right-out described previously).
Commissioner Timian asked if there would be stop signs on either side of the new access
point (at Target and the other side of street from Target).
Mr. Ingraham said at this point he wouldn't anticipate that there would automatically be
stop signs. There may be a traffic signal at that point but it depends if it meets the
standards for that. He added that it may make sense to put it in there just for pedestrian
movement.
Maria Hagen, City Engineer, said that at the proposed new consolidated access, she
would envision that there would be stop signs exiting from either Target or from the
development, but she does not anticipate stop signs on Park Center Blvd.
At Ms. Jeremiah's request, Mr. Ingraham pointed out the existing right-of-way to
illustrate how much the curb line will change. The curve in Park Center Blvd. would
change to a 90 degree intersection.
Commissioner Carper asked if Target has approved the Target exit. He commented that
with the current configuration they would be losing one entrance into their parking lot.
Mr. Ingraham said that specific discussion has not yet been held, although the roadway
has been discussed generally for many years. He added that the condominiums are likely
to be completed in approximately 2-3 years, so there is time to make the roadway happen,
which will require the coordination of all parties on that.
Commissioner Carper said it seems as if the Commission would be approving the
consolidated entrance yet if Target does not concur that they will modify their entrances,
it would appear that the intersection would not be able to exist as illustrated.
Mr. Ingraham said that it is assumed through the conditions that it will all be phased and
coordinated. For instance, for construction purposes the developer would be using this
(the left-in, right-in, right-out) entrance and the existing entrance to the other properties
would also be in place. The proposed (left-in, right-in, right-out) entrance would not go
away until the road project was in place or the developer chose to do the consolidation
and the City had assurances from Target that it would work.
Chair Robertson remarked that the proposed roadway drawing was shown to make sure
that what is being approved isn't going to be adverse to future roadway plans. Mr.
Ingraham added that it is a plan for what the City anticipates the road is going to look
like. This is the plan showing how all the properties in the area would accommodate
that.
Commissioner Carper said that worse case, the project would have the current access if
the City was not able to engineer the common access.
Commissioner Morris asked about condition I.: Developer agrees to pay equivalent of
Special Service District fees previously paid by the office property at 3601 Park Center
Blvd. He said if he understands the statutory Special Service District law correctly,
residential properties are exempt from Special Service District fees and he asked how the
City can hold a future property owner or condominium association to a statutory
exemption from paying a fee.
Ms. Jeremiah said that by agreement the assisted living property is already paying into
the Special Service District, and the developer is amenable to continuing the payments
equivalent to what the office property is currently paying. She added that by statute the
City cannot require it, but the developer is amenable to the agreement, and it has been
done before with the assisted living property. She said that the City Attorney will be
involved with the discussions relative to the development agreement.
Michael Gould, applicant, SilverCrest Properties, provided background on the proposal
and the campus. He said that he is in agreement with the conditions of approval
recommended by staff.
Peter Pfister, the applicant's architect, remarked that the key components of the project
have stayed much the same as presented at preliminary PUD with the exception of the
roof elements. He showed pitched roof illustrations, recalling the metal roof of the
existing 13-story Park Shores building. In regards to structured parking below the
building, the applicant's preference is to have 2 north-south circulation areas but if
additional parking is needed one circulation area can be cut off and gain an additional 12
parking stalls on each level (24 parking stalls) which provides some flexibility or proof of
parking and still would allow adequate circulation.
Commissioner Carper asked about price ranges for the condominiums, and asked if there
is any type of low cost housing allowance for any of the units.
Mr. Gould responded that they have done a market study. Generally the range will be
about $240,000 - $700,000. He said square foot pricing is comparable or a little bit
under the current condo construction market in the Twin Cities. They will be doing
some focus groups to make sure the amenity package, unit size, and design plans fit well
within this community. He said that SilverCrest has a low cost housing allowance in its
rental facility. The new project is strictly a market rate for-sale condominium product
and will not have a low cost housing allowance.
Commissioner Morris asked what age range is expected in this market. Mr. Gould
responded they believe the market will be 65 - 80 year olds.
Commissioner Carper asked if on-campus shuttles are provided to Target and Byerlys.
Mr. Gould responded that they do have a shuttle for Park Shores and Parkwood. He
added that many of their residents also like to walk to Target and Byerlys. He said as the
condominium residents are expected to be a much more mobile group, SilverCrest doesn't
anticipate having a shuttle for that facility.
Chair Robertson opened the public hearing. With no one wishing to speak, he closed the
public hearing.
Chair Robertson asked about the interaction between senior housing and affordable
housing. He asked staff to comment on discussions held regarding a project of this size
not having an affordable component.
Ms. Jeremiah said she had not heard any concerns about the project not having an
affordability component in it specifically. She added that there have been concerns about
accommodating that market overall, and there are other projects that have or are looking
at affordability components. She noted that although this project does not include
affordable housing, it does address other life-cycle housing needs of the community.
Commissioner Timian asked if the new road will go up into the Park Nicollet and
Excelsior & Grand area.
Ms. Jeremiah responded that the north-south roadway and realignment of Park Center
Blvd. shown on the alternate future plan for the area is in keeping with the consensus
recommendations of the Park Commons West Study of 1998. It involved eventual
connection to Excelsior Blvd. but not in a direct manner. There would be 90 degree
turns in the roadway for traffic calming as well as to preserve larger redevelopment sites.
It wouldn't be anticipated to be a high speed connection, but there would be a connection
with stops, greenways and sidewalks.
Commissioner Morris wished to clarify that the approval is for a Final PUD for all three
phases of the development/campus.
Mr. Ingraham responded that is correct. There are no changes to the other buildings
except for reconfiguration of the roadway, but basically all three buildings are being
integrated into the campus as a PUD, triggered by the construction of the senior
condominium building.
Ms. Jeremiah said all of the various approvals will be consolidated including previous
special permits. A reference has also been included to the resolution for a replat in 1999
that included conditions that the developer work with the City with regard to the future
north/south roadway construction as well as an additional trail on the far south side of the
whole PUD property (between the apartment high-rise and the Wayside House property).
In 1999 the developer granted the City a road easement for the future north-south
roadway as well as a trail easement on the south side of the apartment high-rise property.
Commissioner Carper asked about updated condition No. B.1.d) regarding construction
of consolidated driveway access. He is uncomfortable with the fact that the conceptual
drawing may not be the final drawing. He asked if the applicant understands that the
conceptual drawing may not be the final drawing and it could conceivably shift 50-100 ft.
Mr. Gould said he is in agreement with the conditions. He understands the access may
shift and he will work with staff towards resolution.
Commissioner Morris moved to recommend approval of the Final Planned Unit
Development subject to the updated conditions distributed and recommended by staff.
The motion passed 6-0.
B. Elect Chair and Vice-Chair
Commissioner Morris nominated Carl Robertson as Chair and Michelle Bissonnette as
Vice-Chair. The motion passed 6-0.
C. Resolution of Appreciation - Phil Finkelstein
Chair Robertson expressed the Commission's appreciation for Phil Finkelstein's service
with the Planning Commission. The resolution was adopted and signed.
6. Communications
A. Recent City Council Action - Dec. 15, 2003 and Jan. 5, 2004
B. Other
i.) BOZA minutes Oct. 23, 2003
ii.) BOZA agenda Dec. 2, 2003
7. Miscellaneous
8. Adjournment
Chair Robertson adjourned them meeting at 6:35 p.m.
Respectfully submitted by:
Nancy Sells
Administrative Secretary
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 1 of 17
8a. Request by SilverCrest Properties for Final Planned Unit Development approval
for a residential senior housing development
Case No. 03-38-PUD
3601, 3633 and 3663 Park Center Boulevard
Recommended
Action:
Motion to adopt a resolution approving the Final Planned Unit
Development, subject to the conditions in the resolution, and
authorizing the Mayor and City Manager to execute a
development agreement.
Zoning: RC, Multi-Family Residential
Comprehensive Plan Designation: High Density Residential
Application and Process:
SilverCrest Properties is requesting approval of the final Planned Unit Development (PUD) for
Park Summit Senior Condominiums and the PUD for the Park Shores campus. SilverCrest
received approval of a preliminary PUD on October 7, 2003 with conditions. A final PUD is to
address the conditions of the preliminary PUD approval and provide a greater level of detail for
the site, utility and architectural plans. The final PUD must be in substantial conformance with
the approved preliminary PUD.
On January 7, 2004, the Planning Commission considered the Final PUD. After discussion and
assurance from the developer/owner that he agreed with staff's recommended conditions of
approval, the Planning Commission recommended approval on a vote of 6-0 subject to
conditions. Staff and the Planning Commission recommended certain plan revisions, which have
been received. Some of the recommended conditions relate to future roadway improvements.
On January 20, 2004, staff discussed the roadway improvements with the Council at a Study
Session.
Project Description:
SilverCrest proposes to demolish the existing office building and build a 14 story senior housing
condominium building on the 1.9 acre parcel. The 150 unit building would have a primarily
brick exterior finish. The building would also include a one-story swimming pool wing and 210
parking spaces in a two-story underground garage. An additional 15 parking spaces would be
located at the surface around a loop drop off/pick up driveway. Vehicular access to the site
would be via a new driveway off of Park Center Boulevard at the south edge of the property. An
existing pedestrian trail is located along the south edge of the site. The trail provides a
connection from Wolfe Park to Park Center Blvd. and the nearby retail businesses.
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 2 of 17
Uses and Zoning Surrounding the proposed senior condo site:
Existing Use Zoning
South Senior citizen assisted living facility RC (part of same PUD)
East Public recreation R3
North 36th Street and industrial uses IP
West Park Center Blvd. and retail (Target) C2
Project Data:
Preliminary PUD (all three properties)
PUD Area: 6.18 acres
Existing Uses: 207 senior housing apartment units
91 assisted living units
36,000 square foot office building
Proposed New Use: 150 unit senior housing condo
(office building to be demolished)
Floor Area Ratio:
Comp Plan Guideline 2.2 FAR (before change approved)
Proposed 2.3 FAR
Overall Project Density 72.5 units/acre
(averaged over three parcels)
Proposed Senior High Rise
Parcel Area: 1.91 acres
Existing Use: 36,000 square foot office building
Proposed New Use: 150 unit senior housing condominium
Proposed building height: 14 stories
Total Parking:
Required (standard multi-family) 300 spaces
Min. req’d with 30% PUD reduction 210 spaces
Proposed: 225 spaces
Guest Parking:
Required: 21 spaces
Proposed: 24 spaces
Usable Open Space:
Proposed 23,200 square feet
Comp Plan Guideline no less than 22,010 square feet (before change
approved)
Site Density:
Proposed 78.5 units/acre
Comp Plan Guideline at or near 75 units/acre (before change approved)
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 3 of 17
Site Location:
Background:
Park Summit Senior Condominiums is proposed as a 14 story, 150 unit senior housing
development to be located at 3601 Park Center Boulevard. The 1.91 acre site is currently
occupied by a three story office building which would be demolished prior to construction of the
senior high rise. The development would have 210 underground parking spaces and 15 surface
parking spaces. Access to the property is proposed to be from a relocated curb cut along Park
P a r k S h o r e s P U D
P r o p o s e d S e n i o r C o o p
T a r g e t
C o m m u n i t y C e n t e r
B e l t L i n e B l v d
3 6 t h S t r e e t W e s t
P a r k C e n t e r B l v d
B y e r l y ' s
W a l s e r
M u l t i - F a m i l y
B e l t L i n e I n d u s t r i a l P a r k
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 4 of 17
Center Boulevard during construction and until such time as improvements to Park Center Blvd
are made (see Analysis section). An internal driveway connection to the assisted living site is
also proposed. The senior high rise is to be integrated with the existing assisted living property
(3633 Park Center Boulevard) and the Park Shore residential facility (3663 Park Center
Boulevard). All three properties are part of the Park Shores campus and PUD. The St. Louis
Park Planned Unit Development process allows greater flexibility in the development of land in
exchange for greater public benefits such as higher standards of site and building design and
unified access, circulation and design within the PUD.
The approval of the preliminary PUD included a number of conditions based on staff,
Commission and City Council review. The major conditions to be addressed with the
submission of the final PUD plans are:
A. Revisions of all the site drawings to reflect the recommended driveway access to
Park Center Boulevard (Northbound right-in/right-out, Southbound left in) and an
internal driveway connection to the assisted living site for Southbound left-out
movement onto Park Center Blvd.
B. Conformance with City solar shading requirements or approval of a variance.
C. Submission of a guest parking plan and further consideration of the overall parking
management plan.
D. Submission of a sign plan.
E. Submission of homeowners association documents for review by the City Attorney.
F. Submission of a revised landscape plan meeting Final PUD requirements.
G. Conformance with Fire safety provisions including truck/emergency vehicle access,
designated fire lanes and other safety and access requirements.
Other review items include the need to plan for consolidated access from all three properties to
Park Center Boulevard, the need for a future trail connection along south side of property,
Metropolitan Council approval of the Comprehensive Plan amendments, and the conformance of
the final plans with the approved preliminary PUD. These items are analyzed below.
Analysis:
A. Driveway access and circulation – As per the preliminary PUD approval the applicant
submitted revised site drawings to reflect the City recommended interim driveway access to Park
Center Boulevard (NB right-in/right-out, SB left-in and an internal driveway connection to the
assisted living site to allow the left-out movement onto southbound Park Center Blvd.). The
plans now conform to the recommendation for interim access to Park Center Boulevard and
include the internal driveway connection to the assisted living and Park Shores properties. It is
the responsibility of the applicant to construct the revised median, curbs and turn lanes for Park
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 5 of 17
Center Boulevard to create the modified interim access to the condominium site as shown on the
final PUD drawings. The applicant has indicated that they would like the interim access allowed
as a temporary construction access as well. This is acceptable to staff.
As part of the on-going planning work for the Park Commons West area, the City commissioned
SRF (City transportation consultant) to prepare a traffic study and future concept roadway plans.
The roadway improvements are expected to be needed in the future due to a number of
anticipated developments in the area, including this condominium project and expansion of the
Park Nicollet clinic (Park Nicollet is paying a share of the study for their EAW). The
preliminary roadway plans show a realigned Park Center Boulevard as part of a future "north-
south roadway" connecting the Park Nicollet clinic area to 36th Street in keeping with consensus
recommendations from the 1998 Park Commons West Study. The realigned Park Center Blvd.
would be two lanes in each direction with a center median. Access to the revised road would
need to be consolidated at key locations for safety and mobility purposes. There is no firm
timetable for the road improvements. The concept plans show one shared full movement access
point for the Park Shores PUD and Target. The final PUD plans originally submitted show two
permanent driveway access points, one shared by the senior apartment building and the assisted
living building and one for the Park Summit Condominiums. At staff's request, the applicant
submitted a plan on December 30th that shows how a consolidated access could work (see
attached plan).
As part of the final PUD approval for the three Park Shores properties it is prudent to plan for the
future consolidated access situation. This means a driveway access for the PUD that works with
the planned roadway improvements and agreement by the developer to construct the
consolidated access from all three PUD properties to a single access with the road improvement
project. Ideally the consolidated driveway access would be constructed as part of the Park
Summit Condominium construction. That could occur if the corresponding access revision on
the Target property and straightening the curve farther south could occur prior to occupancy of
the condominiums (anticipated in 2007). The consolidated access will likely be done in
conjunction with these additional improvements to Park Center Blvd., and all affected property
owners need to be included in the discussions. Target and others have not been part of these
discussions since the 1998 Park Commons West Study. However, staff intends to initiate more
detailed discussions with all affected property owners in the near future. If the consolidated
access cannot occur prior to occupancy of the condominiums, then staff believes the driveway
access as proposed at the south edge of the condominium site is acceptable as an interim access.
The developer has agreed to a condition requiring them to construct and pay for the consolidated
access. The developer also agrees it is desirable to do so prior to occupancy of the
condominiums, if possible. The developer would like a signal at the consolidated access. The
decision to signalize the access will be made as part of the overall road improvement project and
according to City standards. The details of the developer's cost sharing for the improvements to
Park Center Blvd. and a possible traffic signal at the consolidated access drive will be included
in the development agreement and must be finalized prior to site work. Cost sharing agreements
may include participation by Target and possibly other area property owners.
B. Solar shading – The preliminary PUD requires conformance with City solar shading
requirements or issuance of a variance from those standards. The concern was that the proposed
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
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Park Summit Condominium building would shade the King Controls building, located north of
36th Street, in excess of ordinance standards. On December 15, 2003 the City solar shading
requirements were amended to allow shading of industrial buildings regardless of whether or not
they have "openings" on the shaded side of the building (the previous ordinance only exempted
industrial buildings without openings). The new ordinance also includes a provision to minimize
shading of public spaces and outdoor employee break areas. The King Controls site is zoned
industrial so the regulations do not limit shading of that building.
There is a picnic table on the east side of the King Controls building that has been used in the past by
King Controls employees on breaks. Kings Controls is in the process of vacating that building and
moving to another location. The US Postal Service is actively pursuing redevelopment of the King
Controls site for a post office (concept plans have been submitted to the City for review and comment).
Given that the existing use is leaving and the concept redevelopment of the site does not show any
employee or public outdoor gathering spaces along the south side of the new building, staff feels that the
proposed Park Summit Condominium building will comply with the City solar shading regulations. This
will need to be verified prior to initiating site work.
C. Parking - The preliminary PUD identified the need to assure cross access, circulation and
parking agreements among the three properties to allow the condominium building to use the
excess parking spaces available in the Park Shores Place site. Joint parking and access
agreements between the three properties were previously required but may need to be modified.
There was also a question raised in the review of the preliminary plans about the size of some of
the underground parking spaces and access to guest parking. The applicant revised the parking
structure column spacing to increase the parking stall width for some spaces in the northeast
corner of the structure. They also allocated nine parking spaces within the underground parking
structure for guest parking. Guests will be able to access the spaces via an intercom system.
This creates a total of 24 guest parking spaces. City Code requires a minimum of 21 guest
spaces. The designation of 9 guest spaces in the underground garage does reduce the number of
garage spaces that can be sold to condo residents. There is an option to eliminate a short section
of drive aisle in both levels of the parking structure to add 24 additional parking spaces. The
applicant prefers to retain the drive aisle for ease of circulation, but theses spaces could be
reserved as possible parking expansion (proof-of-parking) should the need ever occur.
The applicant submitted further information about parking ratios for similar buildings, and
submitted a parking management plan for the construction period and events. The parking ratio
information shows that the proposed parking ratio is similar to many existing senior facilities.
The parking management plan is to share parking among the three properties and to use the
excess parking in the Park Shores apartment site for event and overflow parking. An
underground walkway will connect all three buildings allowing all weather access. The addition
of an internal driveway connection between the properties allows for on-site circulation and
more opportunity for parking sharing among the three properties.
Given the guest parking provisions, revised column spacing, and proof-of-parking, Planning staff
is satisfied that the Park Summit condominium parking supply is adequate and meets city code
requirements. There is the opportunity to share parking among the three properties and there is
the ability to add up to 24 additional spaces in the parking structure. The 24 on-site guest
parking spaces are adequate. Use of guest parking spaces by residents should be prohibited. The
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 7 of 17
rental or sale of parking spaces to non-residents should also be prohibited via the association
documents to assure access to the designated spaces by residents and visitors.
Dwelling
units
# of
spaces
Code
required
minimum #
with
allowable
reductions*
Proportion
of guest
spaces
Required
proportion
of guest
spaces
Park Summit
Condo
150 225 210 11% 10%
PUD (all
three
properties)
448 497 338 +10% 10%
* reductions in the number of parking spaces are allowed for access to transit, being part of a
PUD and for provision of bicycle parking.
The proposed loop driveway has a 20 foot wide drive aisle. This should be signed and marked a
one-way drive.
D. Signs - The Preliminary PUD requires submission of identification and directional signage for
the project. The final PUD plans include on-site directional signs and signage for the median
and turn lane for Park Center Boulevard. They also show a 65 square foot, 9-foot tall project
identification sign along Park Center Boulevard. The sign is proposed to have a 15 foot setback
from Park Center Boulevard. The standard requirement is a 25 foot setback in the RC District.
However, smaller setbacks (yards) may be approved by PUD. The sign size complies with City
Code requirements.
E. Homeowners association – As required by the preliminary PUD conditions, the applicant
submitted a draft copy of the homeowner’s association declaration documents to the City
Attorney for review. The City Attorney reviewed the documents and found them to be
acceptable and that they did restrict the sale or rental of parking to residents only as required by
the preliminary PUD.
F. Landscaping - City staff and representatives of the developer walked the project site and
discussed improvements to the preliminary landscape plan. Those plan changes were made and
submitted with the final PUD documents. The applicant is required to replace trees that would
be removed from the office site for the condominium construction. As part of the tree
replacement mitigation, the applicant proposes to transplant spruce and crab trees onto the strip
of park land located east of their property. The proposed plantings are acceptable to the City
provided the applicant assumes maintenance responsibility for this strip of land.
G. Fire safety – The applicant met with City Fire Department staff to determine fire and life
safety requirements for the site and building. The final PUD plans have been revised to create a
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 8 of 17
fire truck parking and turnaround, emergency vehicle access, fire lane designation and to address
other life safety items.
Future Trail - The City was granted an easement along the south property line of the PUD for a
future trail connection to be constructed after the construction of the north/south road. Staff
recommends that the PUD site plan be modified to indicate this trail location.
Comprehensive Plan Amendment Status - An amendment to the redevelopment plan text
portion of the St. Louis Park Comprehensive Plan was approved by the City Council on October
7, 2003 contingent upon Metropolitan Council approval. The Met Council staff waived the full
review by the Met Council board and approved the amendment administratively.
Conformance with the Preliminary PUD - With the required changes noted, the Park Shore
Final PUD is in conformance with the approved preliminary PUD and the Park Summit
Condominium plans are in conformance with the conditions of the preliminary PUD. There was
discussion of the building height at the previous Commission and Council meetings. The
approved Comprehensive Plan amendment contains a maximum building height policy of 14
stories. The proposed 14 story building is in conformance with that policy and is in conformance
with the approved preliminary PUD.
Recommendation:
Staff and the Planning Commission recommend approval of the Final Planned Unit Development
for the Park Shores residential campus and the Park Summit Senior Condominiums, subject to
the conditions included in the resolution.
Attachments:
Ø Proposed Resolution
Ø Proposed Final PUD Exhibits
Prepared by: Greg Ingraham, Planning Consultant
Janet Jeremiah, Planning & Zoning Supervisor
Reviewed by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 9 of 17
RESOLUTION NO. 04-024
Amends and Restates Resolution Nos. 96-153, 96-189 and 03-139
A RESOLUTION AMENDING AND RESTATING
RESOLUTION NOS. 96-153, 96-189 and 03-139
ADOPTED ON OCTOBER 7, 1996, DECEMBER 2, 1996 and OCTOBER 7, 2003
APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION
36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
AND CONSOLIDATING CONDITIONS FROM AN EXISTING SPECIAL PERMIT
AND PUD FOR PROPERTY ZONED R-C, MULTI-FAMILY RESIDENTIAL
GRANTING FINAL PUD APPROVAL FOR A SENIOR HOUSING CONDOMINIUM
DEVELOPMENT AT 3601 PARK CENTER BOULEVARD AND COMBINING
PROPOSED AND EXISTING DEVELOPMENT OF THE PARKSHORE CAMPUS AS A
PLANNED UNIT DEVELOPMENT
3601, 3633 AND 3663 PARK CENTER BOULEVARD
WHEREAS, SilverCrest Properties, LLC has made application to the City Council for
Final Planned Unit Development approval for proposed senior condominium housing
development (3601 Park Center Boulevard) to be combined in a unified development plan with
existing properties of the Park Shore Campus (3633 and 3663 Park Center Boulevard) within a
R-C, Multi-Family Residential Zoning District and a major amendment to a Park Shores Final
Planned Unit Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance
Code having the following legal description:
Lots 1, 2 and 3, Block 1, Silvercrest Addition
WHEREAS, the City Council has considered the advice and recommendation of the
Planning Commission (Case No. 03-38-PUD ) and the effect of the proposed Final PUD
approval to permit construction of a 150 unit senior condominium housing building and
consolidation of the three Park Shores properties into a single planned development on the
health, safety and welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, the effect on values of properties in the surrounding area, the effect of the use
on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
WHEREAS, the City Council has determined that the PUD will not be detrimental to the
health, safety, or general welfare of the community nor with certain contemplated traffic
improvements will it cause serious traffic congestion or hazards, nor will it seriously depreciate
surrounding property values. The Council has also determined that the proposed Final PUD is in
harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive
Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5)
and 36-266(16).
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 10 of 17
WHEREAS, the City Council adopted Resolution No. 86-62 on May 19, 1986 approving
a special permit to allow construction of a 207 unit senior citizen apartment building at 3663
Park Center Boulevard; and
WHEREAS, the City Council adopted Resolution No. 96-153 on October 7, 1996
approving an amendment to the existing special permit for the 207-unit senior apartment
building at 3663 Park Center Boulevard to allow certain site design changes (realignment of an
existing trail and certain concrete curbs; construction of an additional sidewalk connection; and
modifications to the approved landscape plan) in association with separate PUD approval of a 45
unit assisted living building on a portion of 3601 Park Center Boulevard (now 3633 Park Center
Boulevard); and
WHEREAS, the City Council adopted Resolution No. 96-152 on October 7, 1996
approving the Final PUD for the existing office building, removal of the bank with in-vehicle
service and new 45 unit assisted living building at 3601 Park Center Boulevard (now also 3633
Park Center Boulevard); and
WHEREAS, the City Council adopted Resolution No. 96-189 on December 2, 1996
rescinding Resolution No. 96-152 approving the Final PUD in order to correct the legal
description and address; and
WHEREAS, the City Council adopted Resolution 99-101 on September 7, 1999
approving an amendment to the Comprehensive Plan to adopt a Redevelopment Plan for 3601,
3633 and 3663 Park Center Boulevard allowing certain modifications to ordinance requirements
and parameters for future redevelopment of the office building at 3601 Park Center Boulevard;
and
WHEREAS, the City Council adopted Resolution No. 99-102 on September 7, 1999
approving the preliminary and final plat for Silvercrest Addition to reconfigure internal lot lines
allowing a 46 unit addition to the assisted living building on Lot 2 for a total of 91 units and
requiring trail easements over Lots 1, 2 and 3 (3601, 3633 and 3663 Park Center Boulevard
respectively), a road easement over Lot 3, trail construction over Lots 1 and 2, a parking
agreement between Lots 2 and 3, certain maintenance agreements, and cooperation with the City
regarding future construction of the north-south roadway and trail on Lot 3; and
WHEREAS, the City Council adopted Ordinance No. 2143-99 on September 7, 1999
vacating certain drainage, utility and trail easements at 3601, 1633 and 3663 Park Center
Boulevard effective upon recording new easements; and
WHEREAS, the City Council adopted Resolution No. 99-140 on December 6, 1999
amending and restating the conditions of Resolution No. 99-102 to extend the plat filing deadline
to January 6, 2000; and
WHEREAS, the City Council adopted Resolution No. 03-138 on October 7, 2003
approving an amendment to the Comprehensive Plan to revise the text of the Redevelopment
Plan to allow density and floor area ratio (FAR) averaging over the 3601, 3633 and 3663 Park
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 11 of 17
Center Boulevard properties, to increase the allowable average floor area ratio for all three
properties, to increase allowable height for future redevelopment of the 3601 Park Center
Boulevard, and to allow a curb cut on the south edge of the 3601 Park Center Boulevard property
(until such time as access consolidation could be achieved), and to adopt an overall
Redevelopment Plan for the three properties; and
WHEREAS, the City Council adopted Resolution No. 03-139 on October 7, 2003
approving a Preliminary PUD for redevelopment of the 3601 Park Center Boulevard office
building for a 150 unit senior housing condominium building and consolidating conditions from
the PUD for 3601 and 3633 Park Center Boulevard and special permit for 3663 Park Center
Boulevard granting Preliminary PUD approval for proposed and existing development of the
Parkshore Campus at 3601, 3633 and 3663 Park Center Boulevard; and
WHEREAS, an application for approval of a Final Planned Unit Development (PUD)
was accepted as substantially complete on December 9, 2003 from the applicant, and
WHEREAS, the Planning Commission reviewed the Final PUD at the meeting of January
7, 2004, and
WHEREAS, the Planning Commission recommended approval of the Final PUD on a 6-0
vote with all members present voting in the affirmative, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision, and
WHEREAS, it is the intent of this resolution to combine the existing special permit for a
207 unit senior apartment at 3663 Park Center Boulevard, Final Planned Unit Development and
plat approvals for a total of 91 assisted living units at 3633 Park Center Boulevard (formerly a
part of 3601 Park Center Boulevard), and proposed development of a 150 unit senior
condominium building at 3601 Park Center Boulevard into one Planned Unit Development for
all three properties, and
WHEREAS, it is also the intent of this resolution to continue and restate the conditions of
Resolution Nos. 96-153, 96-189, and 03-139, to add the amendments now required, to reference
the required conditions of Resolution No. 99-140, and thereby to consolidate all conditions
applicable to the subject properties into this resolution, and
WHEREAS, the contents of Planning Case Files 86-20-SP, 96-16-PUD, 96-25-CUP, 99-14-CP,
99-15-S, 99-16-V, 03-37-CP and 03-38-PUD are hereby entered into and made part of the public hearing
and the record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 03-139 (document not
filed) is hereby restated and amended by this resolution which continues and amends a Final
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 12 of 17
Planned Unit Development for the subject property for the purpose of granting Final PUD
approval for a residential senior condominium development in a building up to 14 stories and a
unified development plan for the Park Shores Campus including up to 150 units of senior
condominiums, 91 units of assisted living, and 207 units of senior apartments within a R-C
Multi-Family Residential Zoning District at the location described above based on the following
conditions:
A. From special permit Res. 96-153 3663 Park Ctr. Blvd. (now also 3633 Park Center
Blvd.):
1. That the site be developed, used and maintained in accordance with Exhibit A -
Site Plan; Exhibit B - Ground Floor Plan; Exhibit C - Ground Floor Plan; Exhibit D -
First Floor Plan; Exhibit E - Typical Floor Plan; Exhibit F - West Elevation and North
Elevation; Exhibit G - East Elevation and South Elevation; and Exhibit H - Landscape
Site Plan, (the floor plans are for general purposes only.) except as amended by
conditions C. 1-11 adopted on February 2, 2004 and as modified by the following
conditions:
2. The use of the site shall be for senior citizen housing containing 207 units.
3. That all trash be stored inside the building and there be no outdoor storage of
trash or trash containers.
4. That all lighting be directed perpendicular to the ground and no direct rays shall
extend beyond the property line.
5. That the driveway and private entrance contain concrete, poured-in-place curbing
measuring six inches above and below the adjacent roadway surface.
6. That the upper portions of the ramp in the interior of the parking lot contain 5%
landscaping and pedestrian circulation and additional ornamental trees be provided along
the south and east lot lines as shown on the revised plan, and that up to 20 parking spaces
be permitted to be eliminated to provide for the additional landscaping.
7. That erosion control provisions be employed during the construction phase to
protect Wolfe Lake and to minimize erosion on the site and runoff of erosion material
into other private or public property.
8. That the entrance road be designed and constructed in a manner so as to protect
the City storm sewer system and as specified by the Director of Public Works.
9. That driveways be constructed at a grade not to exceed 6%.
10. That the link from the cul de sac to the sidewalk be constructed at a grade not to
exceed 5% and that all other walkways be constructed at a grade not to exceed 4% and
curb drops be provided at all intersections with the private and public roads.
11. That the east-west walkway along the north property line be at least as wide as the
adjacent trail in Wolfe Park to which it is to link with. Said walkway to be extended by
the applicant to the walkway in Wolfe Park and be lighted using decorative lighting to
match the lighting in Wolfe Park.
12. That prior to construction, an easement be provided to the City permitting the five
feet parallel to Park Center Boulevard to be used for pedestrian purposes and that a
pedestrian easement approximately 25 feet wide be provided along the north property line
for pedestrian purposes. (The width is wider to accommodate the curvilinear nature of
the design.)
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 13 of 17
13. That all improvements including buildings, landscaping, parking, curbing and
other improvements as contained on the improved exhibits be completed by May 15,
1988; however, if a certificate of full occupancy is received by September 1, 1987, all
landscaping and other improvements must be completed by October 15, 1987.
14. The continued special permit shall be amended pursuant to Planning Case No. 96-
25-CUP to permit realignment of an existing trail and certain concrete curbs; construction
of an additional sidewalk connection; and modifications to the approved landscape plan
to allow construction of a 45 unit Assisted Living facility on 3633 Park Center Boulevard
subject to the following conditions:
a) The northern portion of the site shall be developed, used and maintained in
accordance with Exhibit I: Demolition Plan, Exhibit J: Site Plan, Exhibit K:
Grading, Drainage and Erosion Control Plan, Exhibit L: Landscape Plan such
documents incorporated by reference herein.
b) Prior to issuance of an erosion control permit and commencement of site work, a
14 feet wide trail easement shall be dedicated to the City in a form acceptable to
the Director of Park and Recreation and the City Attorney.
c) Prior to issuance of utility permits, details of the proposed storm sewer connection
shall be approved by the City Engineer.
d) Prior to issuance of an Occupancy Permit for the adjacent Assisted Living facility,
the trail realignment shall be completed by the applicant in accordance with City
specifications and in a manner acceptable to the Director of Park and Recreation,
unless a letter of credit in an amount equal to 125% of the cost of said trail
construction has been submitted in a form acceptable to the City Attorney.
15. Assent form and official exhibits must be signed by applicant prior to issuance of
erosion control permit and commencement of site work.
B. From Res. 96-189 final PUD for 3601 Park Center Blvd. (now also 3633 Park Center
Blvd.):
1. The site shall be developed, used and maintained in accordance with Exhibit A:
Demolition Plan, Exhibit B: Site Plan, Exhibit C: Grading, Drainage and Erosion Control
Plan, Exhibit D: Landscape Plan, Exhibits E and F: Elevations, Exhibit G: Fence,
Enclosure Designs, except as amended by conditions C. 1-11 adopted on February 2,
2004 and the following conditions:
a) Approval of the Final PUD does not grant any concept approval for future phases
of development involving this property.
b) Approval of the Final PUD is contingent upon City Council approval of an
amendment to the Continued Special Permit for the Parkshore Place apartment
property to address associated improvements involving that property; approval of
the Final PUD is further contingent upon adherence by the applicant to any
conditions of such Special Permit approval.
c) Approval of the Final PUD includes modification of the lot width requirement in
the "R-C" District from 80 feet to 40 feet and allows for administrative approval
of a subdivision to create a separate lot for the Assisted Living property (3633
Park Center Boulevard) as shown on Exhibit B.
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 14 of 17
d) Approval of the Final PUD is contingent upon termination of the drive thru bank
lease, once the current term expires, and removal of the drive thru building.
e) Evidence of Watershed District approval shall be submitted prior to issuance of
erosion control and building permits; the project shall comply with other City,
State, and Federal agency requirements as applicable.
f) Final Utility Plans and evidence of property owner consent to sanitary sewer
connections shall be submitted and approved by the City Engineer prior to
issuance of utility and building permits.
g) Samples of final building materials and colors and potential minor changes to the
exhibits, as needed, shall be submitted and approved by the Director of
Community Development prior to issuance of buildings permits. Use of vinyl
siding is expressly prohibited.
h) A development agreement between the applicant and EDA shall be executed prior
to issuance of building permits.
i) Irrigation and Site Lighting Plans (including photometric) shall be approved by
the Zoning Administrator prior to issuance of building permits.
j) Sprinkler and Fire Alarm Plans shall be approved by the Fire Marshall prior to
issuance of building permits.
k) Joint parking and access agreements between the office/bank property, Assisted
Living Property, and Parkshore Place apartment property, in a form acceptable to
the City Attorney, shall be executed prior to issuance of an Occupancy Permit for
the Assisted Living facility.
l) All improvements shall be completed in a manner acceptable to the City prior to
issuance of an Occupancy Permit, except that a temporary Occupancy Permit may
be issued prior to completion of landscaping improvements provided a letter of
credit in an amount equal to 125% of the cost of said improvements is submitted
in a form acceptable to the City Attorney.
C. The Planned Unit Development shall be amended on February 2, 2004 to incorporate all
of the preceding conditions and to grant Final PUD approval for a 150 unit senior condominium
development (“Park Summit Condominiums”) at 3601 Park Center Boulevard and consolidation
of access and related improvements at 3633 and 3663 Park Center Boulevard subject to the
following conditions:
1. The site shall be developed, used and maintained in conformance with the Final
PUD official exhibits, which shall include the revised Parking Structure plan sheet
stamped as Received by the City December 22, 2003 and the Proposed Access and
Internal Circulation Plan stamped as Received by the City December 30, 2003. The
Proposed Access and Internal Circulation Plan may be revised based upon more detailed
future roadway design work. The Official Exhibits shall also include the revised
Description Sketch survey showing existing trail and roadway easements stamped as
Received by the City January 16, 2004, and the revised Dimensional Site Plan stamped as
Received by the City on January 16, 2004. The Proposed Alternate Entrance on the
Dimensional Site Plan is not approved.
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 15 of 17
2. Prior to any site work, including demolition, the developer shall meet the
following requirements:
a) Development and maintenance agreement(s) shall be executed between the
developer and the City. The agreement(s) shall include, but not be limited to,
conditions for the developer meeting the following requirements:
i) Public sidewalk and trail construction.
ii) Repair and cleaning of public streets.
iii) Tree replacement.
iv) Constructing a consolidated driveway access to all three properties as
shown conceptually on the Proposed Access and Internal Circulation Plan
(dated December 30, 2003) of the Official Exhibits.
v) Cost sharing for the road improvements to Park Center Boulevard and the
possible traffic signal at the consolidated access driveway.
vi) On-going responsibility for maintaining the strip of park land located east
of the condominium and west of the park access drive off of 36th Street.
vii) Adherence to the parking management plan and requirements to convert
the proof-of-parking spaces if directed by the City in response to on- or
off-site parking problems.
viii) Agreement to pay the equivalent of special service district fees previously
paid by the office development for the 3601 Park Center Blvd. property.
ix) Adherence to required conditions in the homeowner’s association
declaration documents.
b) Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of public sidewalk and trail installation,
repair/cleaning of public streets/utilities, and tree replacement/landscaping.
c) Required tree protection, erosion control fencing, trail closed signs, and safety
fencing shall be in place and approved by the City prior to any grading and
demolition activities.
d) The homeowners association documents shall be as approved by the City
Attorney and shall prohibit the rental or sale of guest parking spaces and the sale
or rental of any parking spaces to non-residents. The homeowners association
documents shall also address continued payment of Special Service District fees
equivalent to fees previously paid by the office development at 3601 Park Center
Blvd.
e) Record all cross-easement agreements for utilities and drainage for the three lots
within the PUD and record any required changes to the joint parking and access
agreements, maintenance agreement, and trail easement.
f) Reimburse the City for City attorney’s fees in drafting/reviewing such documents.
g) Obtain demolition, work in the right of way and erosion control permits,
Watershed District permit and other necessary permits from the City and other
agencies.
h) Sign Assent Form and Official Exhibits.
i) Meet City and Public Works Department requirements for utility connections and
disconnects, including pavement restoration, protection of sidewalk, trail,
lighting and streetscape elements and replacement of any damaged elements,
j) Meet solar shading requirements or obtain approval of a variance.
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 16 of 17
k) Meet any other conditions of the development agreement required prior to site
work.
3. Prior to issuance of any building permits, which may impose additional
requirements, the developer shall comply with the following:
a) Meet any Fire Department emergency access requirements during construction.
b) Building materials samples to be submitted to and approved by the City.
c) Lighting plans, including photometrics to be submitted to and approved by the
City for the entire development. Lighting design is to be compatible throughout
the development, and shall meet all City standards.
d) Meet any other conditions as required by the Development Agreement prior to
building permit.
4. The developer shall comply with the following conditions during construction:
a) All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b) Loud equipment shall be kept as far as possible from residences at all times.
c) The site shall be kept free of dust and debris that could blow onto neighboring
properties including the City aquatic facility.
d) Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e) Construction vehicles are prohibited from entering the site from park land
property.
f) The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
g) A left-in, right-out temporary construction entrance is allowed on the 3601 Park
Center Blvd. property (Lot 1) in accordance with the approved grading plan.
5. A PUD modification to allow a sign setback of 15 feet is approved subject to
approval of a sign permit. Sign permits are required prior to installation of any temporary
or permanent signs and shall include designation of guest parking spaces.
6. The developer shall comply with the following conditions prior to occupancy of
the senior condominium building:
a) All permanent site and building improvements shall be complete, other than
landscaping, and a letter of credit for 125% of the cost of landscaping shall be
submitted.
b) Submit as-built plans to the City in electronic or Mylar format for all civil
infrastructure.
c) Meet any other conditions as required by the development agreement prior to
occupancy.
d) If reasonably possible, complete improvements in Condition 7. Otherwise, make
the temporary construction access "permanent" until such time as the consolidated
access is completed.
St. Louis Park City Council Meeting
020204 - 8a - Silvercrest Final PUD
Page 17 of 17
7. The developer agrees to close the driveway access on the 3601 Park Center Blvd
property (Lot 1), repair the right-of-way, and construct the consolidated PUD access, at
developer's or property owners' expense, at the time of reconstruction of Park Center
Blvd. adjacent to the PUD site.
8. The developer or property owners agree to pay a fair share of any future traffic
signal at the consolidated PUD access.
9. The developer or property owners agree to continue paying the equivalent of
special service district fees previously paid by the office development at 3601 Park
Center Blvd.
10. The developer or property owners agree to comply with the conditions of
Resolution 99-102, including but not limited to cooperation with the City regarding
future construction of the north-south roadway and additional trail construction on the
3663 Park Center Blvd. property (Lot 3).
11. The developer or property owner(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the Final P.U.D. The development
agreement shall address those issues which the City Council deems appropriate and necessary.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council February 2, 2004
City Manager Mayor
Attest:
City Clerk
03-38-PUD final:res/ord
St. Louis Park City Council Meeting
020204 - 8b - Liquor License Renewals
Page 1 of 3
8b. Resolution Approving 2004 Liquor License Renewals
Request for approval of resolution regarding 2004 liquor license renewals for
on-sale, off-sale, Sunday-sale, club and wine intoxicating liquor licenses, and for off-sale
and on-sale 3.2% malt liquor. License year to run March 1, 2004 through February 28,
2005.
Recommended
Action:
Motion to approve resolution for renewal of 2004 liquor licenses
Background:
Renewal applications, liquor liability insurance certificates and license fees have been received from
29 of the City’s 36 establishments. Though all renewals have not yet been completed, staff is
presenting the first round of renewals to allow adequate time for processing the licenses. Council
will be presented with the remaining renewals at the next regular meeting.
City Ordinance requires property tax payments to be current prior to issuance of a liquor license and
all tax payments for establishments are current.
Attachments: Resolution and appendix listing establishments presented for approval
Prepared by: Cynthia D. Reichert, City Clerk
Approved by: Tom Harmening , City Manager
St. Louis Park City Council Meeting
020204 - 8b - Liquor License Renewals
Page 2 of 3
RESOLUTION NO. 04-025
RESOLUTION APPROVING ISSUANCE OF
LIQUOR LICENSE RENEWALS
FOR YEAR 2004
WHEREAS, Minnesota Statutes Chapter 340A and St. Louis Park Ordinance Code Chapter
3, provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division
of the Minnesota Department of Public Safety, and.
WHEREAS, no license may be issued or renewed if required criteria has not been met, and
BE IT RESOLVED by the City of St. Louis Park City Council that the applicants and
establishments listed in Exhibit A have met the criteria necessary for issuance of their respective
liquor licenses, and the applications are hereby approved.
Reviewed for Administration: Adopted by the City Council February 2, 2004
City Manager Mayor
Attest:
__________________________________
City Clerk
St. Louis Park City Council Meeting
020204 - 8b - Liquor License Renewals
Page 3 of 3
Resolution No. 04-
EXHIBIT A
2004 Liquor License Renewals
Establishment Name Address Type of License
Al’s 3912 Excelsior Blvd Intoxicating On-Sale
Bennigan’s #2415 6475 Wayzata Blvd. Intoxicating On-Sale and Sunday
Bunny’s 5916 Excelsior Blvd Intoxicating On-Sale and Sunday
Byerly’s St. Louis Park 3777 Park Ctr Blvd 3-2 On Sale, Wine
Byerly’s Wine & Spirits 3785 Park Ctr Blvd Intoxicating Off-Sale
Chili’s Southwest Grill & Bar 5245 Wayzata Blvd Intoxicating On-Sale and Sunday
Costco Wholesale #377 5801 W 16th St Intoxicating Off-Sale
Doubletree Park Place Hotel 1550 Park Place Blvd Intoxicating On-Sale
Great Bottle of Wine 3947 Excelsior Blvd Intoxicating Off-Sale
Holiday Inn 9970 Wayzata Blvd Intoxicating On-Sale and Sunday
Jennings’ Liquor Store 4631 Excelsior Blvd Intoxicating Off-Sale
Knollwood Liquor 7924 State Hwy 7 Intoxicating Off-Sale
Mojito 4656 Excelsior Blvd Intoxicating On-Sale and Sunday
Olive Garden #1424 5245 Wayzata Blvd Intoxicating On-Sale and Sunday
Qdoba Mexican Grill 4712 Excelsior Blvd 3-2 On-Sale, Wine
Park Tavern Lounge and Lanes 3401 Louisiana Ave S Intoxicating On-Sale and Sunday
Sam’s Club #6318 3745 Louisiana Ave S Intoxicating Off-Sale
Shelly's Woodroast 6501 Wayzata Blvd Intoxicating On-Sale and Sunday
St. Louis Park Liquors 6316 Mtka Blvd Intoxicating Off-Sale
Super Valu/Cub 3620 Texas Ave S 3-2 Off-Sale
Taste of India 5617 Wayzata Blvd 3-2 On-Sale, Wine
Texa-Tonka Lanes 8200 Mtka Blvd Intoxicating On-Sale and Sunday
Texas-Tonka Liquors 8242 Mtka Blvd Intoxicating Off-Sale
TGI Friday's 5875 Wayzata Blvd Intoxicating On-Sale and Sunday
Timber Lodge Steakhouse 5500 Excelsior Blvd Intoxicating On-Sale and Sunday
Vescio's Italian Restaurant 4001 State Hwy 7 3-2 On-Sale, Wine
VFW 5605 36th St W Intoxicating Sunday, Club
Westwood Liquors 2304 Louisiana Ave S Intoxicating Off-Sale
Yangtze River Rest. 5625 Wayzata Blvd Intoxicating On-Sale and Sunday